month, stating from what county received and by whom and when paid.

2. The comptroller shall on or before the tenth day of each month pay to the state treasurer seventy-five per centum of the balance due to his credit in such bank, banking house or trust company, on account of registration fees collected under this article, at the close of business on the last day of the preceding month; and from the money so deposited shall pay to the treasurer of each county twenty-five per centum of the registration fees collected from residents of such county during the preceding calendar month. In the city of New York such payment shall be through the chamberlain of such city on account of all counties included therein.

3. All moneys paid into the state treasury under this article shall be appropriated and used for the maintenance and repair of the improved roads of the state, under direction of the state commission of highways. All moneys paid to a county under this article shall be used exclusively for the maintenance and repair of state and county highways within the county and be subject to the draft of the state commission of highways.

All moneys paid to a city wholly containing within its boundaries one or more counties shall be available for the ordinary expenses of such city unless otherwise specially provided by law.

4. On the first day of each month or within ten days thereafter all fines, penalties or forfeitures collected for violations of any of the provisions of this article or of any act in relation to the use of the public highways by motor cycles now in force or hereafter enacted, under the sentence or judgment of any court, judge, magistrate or other judicial officer having jurisdiction in the premises, shall be paid over by such court, judge, magistrate or other judicial officer to the treasurer of the state, with a statement accompanying the same, setting forth the action or proceeding in which such moneys were collected, the name and residence of the defendant, the nature of the offense, and the fine, penalty, sentence or judgment imposed. On the first day of each month or within ten days thereafter, every judge, magistrate or clerk of a court having jurisdiction of the violation of any of the provisions of this article, shall make and forward to the treasurer of the state, a verified report of all criminal actions or proceedings instituted or tried before him or it during the preceding calendar month for violation of any of the provisions of this

article, or of any statute or local ordinance, rule or regulation, which report shall set forth the name and address of the defendants, the nature of the offenses and the fines or penalties collected or imposed by such court, judge, magistrate or judicial officer, which report shall be open to inspection during reasonable business hours to any citizen of the state. On or before the first day of February of each year, the treasurer shall transmit to each branch of the legislature a statement showing the amount of receipts under this article during the preceding fiscal year paid into the state treasury.

§ 18. This act shall take effect July first, nineteen hundred in effect and twenty-one.

July 1 1921.

Chap. 581.

AN ACT to amend the general business law, in relation to the licensing of professional engineers and land surveyors, generally.1

Became a law May 5, 1921, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

as added

ch. 775,

Section 1. Article four-a of chapter twenty-five of the laws of Art. 48, nineteen hundred and nine, entitled "An act relating to general by L. 1920, business, constituting chapter twenty of the consolidated laws," amended. as added by chapter seven hundred and seventy-five of the lawз of nineteen hundred and twenty, is hereby amended to read as follows:

The amendments effected by this act are so numerous and extensive that

it is impracticable to indicate the changes made.

837. Engineers and surveyors to be licensed. In order to safeguard life, health and property, any person practicing or offering to practice professional engineering or land surveying in this state shall hereafter be required to submit evidence that he or she is qualified so to practice, and shall be licensed as hereinafter provided, and from and after two years after this act becomes effective it shall be unlawful for any person to practice or to offer to practice professional engineering or land surveying in this state, unless such person has been duly licensed under the provisions of this act.

§ 38. Appointment of the board. To carry out the provisions of this act there is hereby created a state board of licensing for professional engineers and land surveyors, hereinafter called the "board," consisting of five members, who shall be appointed by the regents of the university of the state of New York within sixty days after this act becomes effective or as soon as possible thereafter. The members of the first board shall be appointed to serve for the following terms: one member for one year; one member for two years; one member for three years; one member for four years, and one member for five years. On the expiration of each of said terms the term of office of each newly appointed or reappointed member of the board shall be for a period of five years. Each member shall hold over after the expiration of his term until his successor shall be duly appointed and qualified. The regents may remove any member of the board for misconduct, incompetency or neglect of duty. Vacancies in the membership of the board, however created, shall be filled by appointment by the regents for the unexpired term.

39. Qualifications and expenses. Each member of the board shall be a citizen of the United States and a resident of this state

*So in original [Does not conform to section heading.]

at the time of his appointment. He shall have been engaged in the practice of the engineering profession for at least ten years and shall have been in responsible charge of work for at least five years. Each member of the board first created shall receive a certificate of license under this act from the regents of this state and thereafter appointees to the board shall be licensed professional engineers. Each member of the board shall receive a compensation determined by the regents for attending sessions of the board or of its committees, and for the time. spent in necessary travel, and, in addition, shall be reimbursed for all necessary traveling, incidental and clerical expenses incurred in carrying out the provisions of this act.

839-a. Powers of the board. Each member of the board shall receive a certificate of appointment from the regents, and before beginning his term of office he shall file with the secretary of state the constitutional oath of office. The board or any committee thereof shall be entitled to the services of the attorney-general, in connection with the affairs of the board, and the board shall have power to compel the attendance of witnesses, may administer oaths and may take testimony and proofs concerning all matters within its jurisdiction. The board shall adopt and have an official seal which shall be affixed to all certificates of license granted; and shall make all by-laws and rules not inconsistent with law needed in performing its duty.

§ 39-b. Organization and meetings of the board. The board shall hold a meeting within thirty days after its members are first appointed, and thereafter shall hold at least two regular meetings each succeeding calendar year. Special meetings shall be held at such times as the by-laws of the board may provide. Notice of all meetings shall be given in such manner as the bylaws may provide. The board shall elect annually from its members a chairman, a vice-chairman and a secretary. A quorum of the board shall consist of not less than three members.

§ 39-c. Receipts and disbursements. The secretary of the board shall receive and account for all moneys derived from the operation of this act and shall pay them to the regents who shall pay therefrom all expenses incurred by the board, the secretary of said board and the regents, in carrying out the provisions of this act, and shall pay any portion of the moneys received, which shall remain after the payment of these expenses into the state treasury.

839-d. Records and reports. The board shall keep a record of its proceedings and a register of all applicants for license showing, for each, the date of application, name, age, education and other qualifications, place of business and place of residence, whether or not an examination was required and whether the applicant was rejected, or a certificate of license granted, and the date of such action. The books and register of the board shall be prima facie evidence of all matters recorded therein. A roster showing the names and places of business and of residence of all licensed professional engineers and land surveyors shall be prepared by the secretary of the board during he month of January of each year; such roster shall be printed by the regents, and a copy mailed to each licensee and a copy mailed to and placed on file by the clerk of each county in the state.

§ 39-e. Applications for and issuance of certificates. The regents, on application therefor, on prescribed forms and the payment of a fee of twenty-five dollars, except in cases where the applicant applies for license to practice professional engineering and land surveying when the fee shall be thirty-five dollars; and except as hereinafter provided, shall on the recommendation of the board issue a certificate of license:

1. To any person who submits evidence satisfactory to the board that he or she is fully qualified to practice professional engineering or land surveying.

Provided, however, that no person shall be eligible for license as a professional engineer who is under twenty-one years of age, who is not of good character and repute, and who has not been actively engaged for four or more years in the practice of professional engineering of a character satisfactory to the board.

Provided, however, that no person shall be eligible for license as a land surveyor who is under twenty-one years of age, who is not a citizen of the United States, or who has not made declaration of his or her intention to become a citizen of the United States, who does not speak and write the English language, who is not of good character and repute, and who has not been actively engaged for three or more years in the practice of land surveying of a character satisfactory to the board.

However, each two years of study, satisfactorily completed, of engineering in a school of engineering of standing satisfactory to the regents shall be considered as equivalent to one year of such active practice.