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Every such person desiring to be retired under the provisions of section ten hundred and ninety-five of this chapter shall present to and file with the commissioner of education an affidavit signed by himself, or, in case he is mentally or physically incapable of making such affidavit, the affidavit of some person or persons acquainted with the facts, setting forth the number of years of such employment, the place or places where employed, the salary received by the applicant at the last place of employment, and upon the filing of such affidavits, the commissioner of education, if he shall be satisfied of the truth of the affidavit, shall issue to such applicant a certificate that such applicant has been retired from active service as a teacher.

8 1097. Retirement upon recommendation of governing body of institution where teacher is employed. Upon the recommendation of a majority of the members of the board or governing body having in charge any such college, school or institution, that a member of the teaching force be retired on account of mental or physical incapacity for the performance of duty, the commissioner of education may retire such person and issue to such person the certificate set forth in section ten hundred and ninety-six of this chapter, provided such person has been employed for ten years as a teacher in any college, school or institution maintained and supported by the state, or in any such institution for the instruction of the deaf and dumb and the blind and has been engaged in teaching in some college, university, school, academy or institution or in the public schools of this state or elsewhere during a period aggregating twenty years. (As amended by chapter 293 of the Laws of 1912, and chapter 614 of the Laws of 1915.)

$ 1098. Amount to be paid to such retired teacher. Every person who shall be retired under the provisions of this article shall be entitled to receive from the state one-half the salary which such person was receiving at the date of such retirement, not to exceed, however, one thousand dollars per annum. In no case shall the payment to any person retired hereunder be less than the sum of three hundred dollars. (As amended by chapter 293 of the Laws of 1912.)

$ 1099. Time and manner of payments. The payment of the amounts provided in this article to be paid shall be made by the state treasurer on the warrant of the comptroller on the audit of the commissioner of education. Payments shall be made quarterly commencing with the first quarter after the date of issue of the certificate of such retirement. The commissioner of education shall make and enforce such rules and regulations, not inconsistent with the provisions of this article, as he shall deem necessary for properly safeguarding all payments thereunder, including vouchers to be signed by the person to whom such payment is made.

$ 1099-a. Employment of teachers who have retired. Any person who shall have heretofore been or shall hereafter be employed for a period of ten years by the state of New York, as an instructor in any college, school, institute or other educational institution, maintained and supported by the state and who shall have, prior to the expiration of said period of ten years, been employed as an instructor in some college, university, school, academy or other educational institution, in this state or elsewhere for the term of thirty years in the aggregate, and who shall have honorably retired from the service of the state prior to June eighth, nineteen hundred and ten, and who shall have attained the age of seventy years, if a man, and sixty years, if a woman, shall be entitled, upon application to the commissioner of education, to appointment as a substitute in the position which such person shall have last held in the service of the state which position as substitute such person shall thereafter hold for the term of his or her life. The said commissioner of education may hereafter assign any such person to suitable work for the state in any educational institution maintained by the state and no such person shall receive any compensation for any such work so performed other than as hereinafter specified.

Each person so appointed shall be entitled to receive from the state compensation as follows: For the time such person shall be actively so employed two-thirds the salary which such person was receiving from the state in the position wherein such person was employed by the state at the time of his or her retirement from such service; for such time as such person shall not be actively so employed pursuant to such assignment by the commissioner of education, one-half such previous salary; provided, however, that when not so employed actively, no such persons shall receive compensation at a greater rate than one thousand dollars per annum nor at a lesser rate than three hundred dollars per annum.

(Added by chapter 631, Laws of 1913.)

THE LIQUOR TAX LAW.

Chapter 34 of the Consolidated Laws.

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$ 23. Places in which traffic in liquor shall not be permitted. Traffic in liquor shall not be permitted:

1. In any building or upon any premises or lands established as a penal institution, protectory, industrial school, asylum, state hospital, state agricultural and industrial school, colony or institution established for the care or treatment of epileptics, or poorhouse, and if such building, premises or lands, other than a county jail or state prison, be situated in a town and outside the limits of an incorporated village or city, not within one-half mile of any building, premises or lands so occupied, provided there be such distance of one-half mile between such building, premises and lands and the nearest boundary line of such village or city.

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829. Persons to whom liquor shall not be sold or given away. No corporation, association, copartnership or person, whether taxed under this charter or not, shall sell, deliver or give away or cause or permit or procure to be sold, delivered or given away any liquors to:

1. Any minor under the age of eighteen years; nor to such minor for any other person;

2. To any intoxicated person; ; 3. To any habitual drunkard; 4. To any Indian;

5. To any person to whom such corporation, association, co partnership or person may be forbidden to sell by notice in writing from the parent, guardian, husband, wife or child of such person over sixteen years of age, or by a magistrate or overseer of the poor of the town, or by the mayor or chief of police of a city; provided, however, that such notice in writing by a magistrate or overseer of the poor of the town shall apply only in the case of a person who is wholly or partly a charge upon the town, which fact shall be stated in such notice; and, that such notice in writing by the mayor or chief of police of a city shall apply only in the case of a person who has been convicted of a felony or misdemeanor five or more times, which fact shall be stated in said notice;

6. To any person confined in or committed to a state prison, jail, penitentiary, house of refuge, reformatory, protectory, industrial school, asylum or state hospital, or any inmate of a poor house, or any patient in any colony or institution established for the care or treatment of epileptics, or any patient affected with tuberculosis in a camp, colony or hospital established by state, county or municipal authority and under the management and control thereof, except upon a written prescription from a physician to such institution, colony, camp or hospital, specifying the cause for which such prescription is given, the quantity and kind of liquor which is to be furnished, the name of the person for whom and the time or times at which the same shall be furnished. Such prescription shall not be made unless the physician is satisfied that the liquor furnished is necessary for the health of the person for whose use it is prescribed, and that fact must be stated in the prescription.

(As amended by chapter 307 of the Laws of 1910.)

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10. Deposit of moneys by state officers.
11. Deposit of moneys by charitable and benevolent insti-

tutions.
12. Proofs required upon audit by the comptroller.
13. Regulations for the transmission of public moneys.

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Section 16. Accounts and contracts.

17. Itemized and monthly accounts of public officers.
18. Inspection of supplies and entry in books.
19. Deposit in banks of moneys received by state insti-

tutions.
20. Annual inventory and report of institutions.
21. Rendition of accounts.
22. Statements of accounts not rendered.
23. Statements of accounts rendered.

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35. Indebtedness not to be contracted without appropri

tion.
36. Specific appropriation not to be used for other pur-

poses.
37. Payments to state treasurer.
38. Contracts in pursuance of appropriations.

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41. Estimates for purchase of staple articles of supplies.
42. State raised products to be preferred.
43. State contracts not to be assigned without consent;

penalties if done.

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47. Annual reports to legislature by institutions entitled

to receive money from state. 48. Statement of desired appropriations to be filed with

comptroller. 49. Duty of comptroller as to tabulation of statements. § 2. Fiscal year. The fiscal year of all offices, asylums, hospitals, charitable and reformatory institutions in this state shall begin with the first day of October and end with the next following thirtieth day of September. All books and accounts in the offices of the comptroller and treasurer shall be kept by fiscal years. Al] annual accounts required to be rendered to the comp troller or treasurer by any person shall be closed on the thirtieth day of September in each year, and rendered as soon thereafter as practicable, if no time is specially prescribed by law.

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§ 10. Deposit of moneys by state officers. Every state

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