the Blind shall have power and authority to grant to the village of Batavia a license to lay, construct and maintain as a part of the general sewer system of such village, a sewer or sewers in, through, under and along the lands of such school in the village of Batavia, upon such conditions as such board may prescribe. (Added by chapter 53 of the Laws of 1910.) ARTICLE XXXIX-A. Physically Defective Children. § 1020. Physically defective children. 1. The board of education of each city and of each union free school district, and the board of trustees of each school district shall, within one year from the time this act becomes effective, ascertain, under regulations prescribed by the commissioner of education and approved by the regents of the university, the number of children in such city or district under the age of eighteen years who are deaf, blind, so crippled or otherwise so physically defective as to be unable to attend upon instruction in regular classes maintained in public schools. 2. The board of education of each city and of each union free school district in which there are ten or more children who are deaf, blind, crippled or otherwise physically defective shall establish such special classes as may be necessary to provide instruction adapted to the mental attainments and physical conditions of such children. 3. The board of education of each city and of each union free school district, and the board of trustees of each school district, which contains less than ten children who are deaf, blind, crippled or otherwise physically defective, is hereby authorized and empowered to contract with the board of education of another city or school district for the education of such children in special classes organized in the schools of the city or district with which such contract is made. (Added by chapter 559 of the Laws of 1917.) ARTICLE XLIII-A. (Added by Chapter 441 of the Laws of 1910) Retirement Fund for Teachers in State Institutions. Section 1095. Retirement of certain teachers in state institutions. 1098. Amount to be paid to such retired teachers. § 1095. Retirement of certain teachers in state institutions and institutions receiving state pupils. Every teacher in a state institution and in an institution for the instruction of the deaf and dumb and the blind, receiving state pupils where instruction and support are paid for by the state, who, for a period of ten years immediately preceding has been employed as a teacher in any college, school, institution or teachers' institutes maintained and supported by the state or in any such institution for the instruction of the deaf, dumb and the blind and who shall have engaged in teaching in some college, university, school, academy, institution, teachers' institutes, or in the public schools of this state or elsewhere during a period aggregating thirty years must, at his request, or may on the order of the commissioner of education, be retired from such employment. (As amended by chapter 293 of the Laws of 1912 and chapter 614 of the Laws of 1915.) § 1096. Certificate of retirement upon application. 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. § 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, schoo 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, 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, 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 In no case to exceed, however, one thousand dollars per annum. 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, in cluding 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 GENERAL CITY LAW. Chapter 21 of the Consolidated Laws. ARTICLE X. Hospitals for Treatment of Pulmonary Tuberculosis. Section 140. Establishment of hospitals. 141. Selection of site. 142. Jurisdiction of local board of health. § 140. Establishment of hospitals. A city of the first class shall have power whenever its board of health shall deem it necessary for the promotion of the health of its inhabitants, to establish, equip and maintain, outside of its corporate limits, and not within the limits of any other city or any village, a hospital or hospitals for the regular treatment of the disease known as pulmonary tuberculosis. § 141. Selection of site. Whenever a city of the first class shall desire to exercise the power conferred by this article it shall through its board of health, select such locality outside of its corporate limits, but within the state, and not within the corporate limits of any other city or any village, as it may consider best adapted by reason of climatic and other conditions for the treatment of such disease, and shall make application to the state board of health for the approval of the site so selected. Upon such approval being given the city may acquire title to such lands as its board of health may designate, within the limits of the locality submitted to and approved by the state board of health. The provisions of law relating to the acquiring of private property for public purposes are hereby made applicable as far as may be necessary to the acquirement of title to such lands. § 142. Jurisdiction of local board of health. All hospitals or institutions now or hereafter established or maintained by any city of the first class for the regular or special treatment of persons suffering from the disease known as pulmonary tuberculosis shall be subject to the approval of the local board of health; special wards or pavilions for the treatment of cases of pulmonary tuberculosis in existing hospitals shall be provided with separate Lurses, cooking utensils, washing and plumbing facilities. |