L. 1916, ch. 305. Mayors' conferences; licenses for moving pictures. §§ 13a, 14, 18.

GENERAL CITY LAW.

(L. 1909, ch. 26.)

§ 13-a. Moneys for maintaining the conference of mayors and other city officials of the state of New York and any of its activities.-The common council of any city is hereby authorized to appropriate and expend annually, from moneys raised by taxation in such city, a sum to meet the actual and necessary expenses of maintaining and continuing the conference of mayors and other city officials of the state of New York and any of its activities, in this state, for the purpose of devising practicable ways and means for obtaining greater economy and efficiency in the government thereof. The moneys thus appropriated shall be raised by tax on the real and personal property liable to taxation in any such city in the same manner as other city expenses. (Added by L. 1911, ch. 622, and amended by L. 1916, ch. 215, in effect Apr. 15, 1916.)

§ 14. Permits for erection of booths and arches.-The mayor of any city of the first class and the president of any borough in any city of the first class having a borough form of government, may, in his discretion, grant temporary permits for the erection of booths, stands, arches, overhead passageways, or flag staffs for the stringing of flags or banners for other than advertising purposes, upon or over the sidewalks or streets of such city or borough, as the case may be, for the purpose of a public celebration, exposition, fair or political demonstration; provided, however, that no such permit shall be granted by virtue of this section without the consent of the owners of the abutting property constituting more than onehalf of the foot frontage upon both sides of such street in the block formed by the nearest cross-streets on each side of such structure or erection. (Amended by L. 1916, ch. 305, in effect Apr. 25, 1916.)

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§ 18. License to operate moving picture apparatus.-It shall not be lawful for any person or persons, save as excepted in section eighteen-a of this article, to operate any moving picture apparatus and its connections city of the first class unless such person or persons so operating such apparatus is duly licensed as hereinafter provided. Any person desiring to act as such operator shall make application for a license to so act to mayor or licensing authority designated by the mayor, unless the charter of said city so designates, which officer shall furnish to each applicant blank forms of application which the applicant shall fill out. Such officer shall make rules and regulations governing the examination of applicants and the issuance of licenses and certificates. A license shall not be granted an applicant unless he shall have served as an apprentice under a licensed operator, for a period of not less than six months prior to the date

the

to

Licenses for moving pictures; plumbing.

L. 1916, ch. 184.

§§ 18a, 20, 45b.
of the application; the application must be made in writing, and contain
a verified statement to that effect; it must be accompanied by the affidavit
of the licensed operator to the same effect; before entering upon the period
of apprenticeship the applicant must register his name and address with
the officer issuing such license. The applicant shall be given a practical
examination under the direction of the officer required to issue such license
and if found competent as to his ability to operate moving picture appar-
atus and its connections shall receive within six days after such examina-
tion a license as herein provided. Such license may be revoked or
suspended at any time by the officer issuing the same. Every license shall
continue in force for one year from the date of issue unless sooner revoked
or suspended. Every license, unless revoked or suspended, as herein pro-
vided, may at the end of one year from the date of issue thereof be renewed
by the officer issuing it in his discretion upon application and with or with-
out further examination as he may direct. Every application for renewal
of license must be made within the thirty days previous to the expiration
of such. license. With every license granted there shall be issued to every
person obtaining such license a certificate, certifying that the person
named therein is duly authorized to operate moving picture apparatus and
its connections. Such certificate shall be displayed in a conspicuous place
in the room where the person to whom it is issued operates moving picture
apparatus and its connections. No person shall be eligible to procure a
license unless he shall be of full age. Any person offending against the
provisions of this section, as well as any person who employs or permits a
person not licensed as herein provided to operate moving picture apparatus
and its connections, shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not exceeding the sum of one hundred
dollars, or imprisonment for a period not exceeding three months, or both.
(Added by L. 1911, ch. 252, and amended by L. 1916, ch. 184, in effect
Apr. 11, 1916.)

§ 18-a. Preceding section inapplicable to miniature picture apparatusNothing contained in section eighteen shall be considered to apply to any so-called miniature motion picture apparatus which uses only an enclosed incandescent electric lamp and approved acetate of cellulose or slow-burning films, and is of such construction that films ordinarily used on fullsized commercial picture apparatus cannot be used therewith. (Added by L. 1916, ch. 184, in effect Apr. 11, 1916.)

§ 20. Grant of specific powers.

Subd. 13.-People ex rel. City of New York v. New York Railways Co. (1916), 217 N. Y. 310, 313.

§ 45-b. Further requirements relating to the business of plumbing.— 1. No person otherwise qualified shall engage in the trade, business or calling of a plumber or of plumbing in a city of this state as employing

L. 1916, ch. 305.

Business of plumbing.

§ 45b.

or master plumber until he has first procured from the board or department of health in such city or in the city of New York, from the examining board of plumbers a metal plate or sign appropriately lettered or marked "licensed plumber"; such plate or sign to be conspicuously posted in the window of the place where such business is conducted. Any person retiring, abandoning or not actually engaged in such trade, business or calling hereinbefore mentioned, shall surrender to the board or department of health of the city, or in the city of New York, to the examining board of plumbers such metal plate or sign and shall not again engage in such trade, business or calling until he has again procured a metal sign as herein provided.

2. Within thirty days after this section takes effect, the board or department of health in every city of this state and in the city of New York, the examining board of plumbers shall prepare metal plates or signs, at least fourteen inches wide and not less than twenty-two inches in length appropriately lettered or marked "licensed plumber," the lines of each letter to be four inches long and five-eighths of an inch wide; such plate or sign shall, on some part thereof, contain an identification number, which number together with the name and location of the place of business of the person to whom issued shall be recorded in the office of such board or department of health or such examining board of plumbers in the city of New York. Every person now actually engaged or about to engage in the trade, business or calling of a plumber or of plumbing as employing or master plumber, who has otherwise complied with the provisions of law relating to the conduct of such business upon the payment of five dollars to the board or department of health of such city or in the city of New York to the examining board of plumbers shall have issued to him a sign or plate herein before described. Any person to whom such plate or sign has been issued who shall loan, rent, sell or transfer the same to another person whether such person be entitled to receive a similar plate or sign or not, or otherwise wilfully violates the provisions of this section forfeits his license and certificate of qualifications and shall be guilty of a misdemeanor punishable by a fine of not exceeding fifty dollars for the first offense, and not less than one hundred nor more than five hundred dollars for a subsequent offense.

The provisions of this section shall apply to all cities of the state, including the city of New York. (Added by L. 1916, ch. 305, in effect Sept. 1, 1916.)

While the right to operate for oil under a lease, contract or other right or license to operate for oil is declared to be personal property by virtue of this section, it never been held that the perpetual exclusive right to operate lands other than

has

those occupied could be created except as provided by section 259 of the Real Property Law. De Hart v. Enright (1916), 93 Misc. 213, 157 N. Y. Supp. 46.

Certificate of stock in a foreign corporation, owned by a non-resident and indorsed in blank, but deposited in the state for the purposes of sale, are "personal property." People ex rel. Wynn v. Guferihagen (1915), 167 App. Div. 572, 152 N. Y. Supp. 679.

§ 110. Application of chapter.

Application to Judiciary Law, § 26.-See People ex rel. Noble v. Mitchell (1915), 170 App. Div. 379, 155 N. Y. Supp. 660.

4

Principal office. In an action under the Labor Law against a foreign corporation, parol evidence is admissible to show that its principal office is not at the place designated by it as its principal place of business. Mason & Hanger Co. v. Sharon (1916), 231 Fed. 861.

§ 6. Corporate names.-1. No certificate of incorporation of a proposed corporation having the same name as a corporation authorized to do business under the laws of this state, or a name so nearly resembling it. as to be calculated to deceive, shall be filed or recorded in any office for the purpose of effecting its incorporation, or of authorizing it to do business in this state; nor shall any corporation except a religious, charitable or benevolent corporation or bar association be authorized to do business in this state unless its name has such word or words, abbreviation, affix or prefix, therein or thereto, as will clearly indicate that it is a corporation as distinguished from a natural person, firm or copartnership; or unless such corporation uses with its corporate name, in this state, such an affix or prefix. A corporation formed by the reincorporation, reorganization or consolidation of other corporations or upon the sale of the property or franchises of a corporation, or a corporation acquiring or becoming possessed of all the estate, property, rights, privileges and franchises of any other corporation or corporations by merger, may have the same name as the corporation or one of the corporations to whose franchises it has succeeded. No corporation shall be hereafter organized under the laws of this state with the word "trust," "bank," "banking," "insurance," "assurance," indemnity,' 'guarantee," "guaranty," "title," casualty, "surety," "fidelity," "savings, "savings," "investment, "loan" or "benefit" as part of its name, except a corporation formed under the banking law or the insurance law. (Amended by L. 1911, ch. 638, L. 1912, ch. 2, L. 1913, ch. 24, and L. 1916, ch. 222, in effect Apr. 17, 1916.)

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Application. This section applies to the adoption of a trade name by an individual or copartnership. German-American Button Co. v. Heymsfeld, Inc. (1915), 170 App. Div. 416, 156 N. Y. Supp. 223.

Infringements.-Name "German-American Hand Crochet Button Works" held to be so similar to "German-American Button Company," as to produce confusion in the trade. German-American Button Co. v. Heymsfeld, Inc. (1915), 170 App. Div. 416, 156 N. Y. Supp. 223.

Use of words "Material Men's," presumption that use of similar name was for purpose of obtaining benefit. Material Men's Mercantile Association v. New York

Material Men's Mercantile Asociation (1915), 169 App. Div.,843, 155 N. Y. Supp. 706.

Injunction. When injunction pendente lite will not be granted restraining use