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L, 1909, cha 40

Fire Corporations

$8 102, 103

Regulation of firemen and fire departments in second class cities: see SECOND CLASS CITIES LAW, § 134 et seq. In towns: see Town LAW, $ 310 et seq. In villages: see VILLAGE LAW, $ 200 et seq.

Authority of state to control and regulate fire department in municipality: see 14 Ann. Cas. 357 note; 15 L. R. A. (N. S.) 575 note. Partial invalidity of statute relating to municipal fire department: see Ann. Cas. 1916D 75 note.

§ 102. Powers. A fire, hose, protective or a hook and ladder corporation, incorporated under this article or under a law repealed by this chapter, shall only engage in such business as properly belongs to a fire, hose, protective or hook and ladder corporation, in the city, village, fire district or town or towns named in its certificate or as specially authorized by law. In participating in the prevention and extinguishment of fires, such corporation shall be under the control of the city, village, fire district or town authorities having by law, control over the prevention or extinguishment of fires therein. Such authorities may adopt rules and regulations for their government and control. Where a corporation which is subject to the provisions of this article furnishes fire protection to an incorporated village under a contract with the board of trustees thereof or with the consent of such village board of trustees or the fire commissioners of such village, residents of such village may be members of such fire corporations and such fire corporations and the members thereof shall be exclusively under the government and control of the town board of the town in which such fire corporation maintains its apparatus.

This section was derived from the Membership Corporations Law of 1895, § 66. It was consolidated in the Membership Corporations Law of 1909 as section 101, and amended to read as above, as section 102, by L. 1916, ch. 595.

Liability of fire insurance patrol for injuries: see 21 L. R. A. (N. S.) 810 note. Care required of fire apparatus to avoid collision with street car or other vehicle in street: see Ann. Cas. 1913E 231 note. Degree of care required of firemen in use of defective or obstructed street: see 48 L. R. A. (N. S.) 628 note. Firemen as servants or agents of owner of burning property: see 39 L. R. A. (N. S.) 237 note.

§ 103. Fire corporations may take by will. Any corporation formed under chapter three hundred and ninety-seven of the laws of eighteen hundred and seventy-three or chapter three hundred and fifteen of the laws of eighteen hundred and eighty-seven or under this article, may take, hold or receive any property, real or

$$ 104, 105

Fire Corporations

L. 1909, cha 40

personal, by virtue of any devise or bequest contained in any last will and testament.

This section was derived from L. 1873, ch. 397, § 5, which was consolidated in the Membership Corporations Law of 1909 as section 102, and from L. 1887, ch. 315, § 5, which was consolidated in the Membership Corporations Law of 1909 as section 103. These sections were amended and combined to read as above by L. 1916, ch. 595.

Powers.- Prior to the amendment of 1916, the attorney-general ruled that volunteer fire companies in villages were limited to a membership of sixty; that such a company could own its apparatus and buildings, and if incorporated it was exempt from taxation upon its real property used and occupied by it to the amount of fifteen thousand dollars; that such an incorporated company could purchase land and erect a building thereon for the purpose of its incorporation; and that it could mortgage its property with leave of the court. Op. Atty.-Gen. (1911) 365.

$ 104. Duty of trustees, directors or managers to file report. It shall be the duty of the trustees, directors or managers of all corporations formed under this article in unincorporated villages, or a majority of them, on or before the fifteenth day of January in each year, to make and file in the county clerk's office, where the certificate of incorporation is filed a certificate under their hands, stating the names of the trustees, directors or managers and officers of such corporation, with an inventory of the property and effects and liabilities thereof, with an affidavit of said trustees, directors or managers, or a majority of them, of the truth of such certificate and inventory; and also a like affidavit that such corporation has not been engaged, directly or indirectly, in any other business than such as is set forth in the certificate of incorporation.

This section was derived from L. 1887, ch. 315, § 7. The amendment to article 5, by L. 1916, ch. 595, made no change in this section.

§ 105. General powers conferred. Every corporation formed under this article or subject to its provisions shall possess the general powers conferred by and be subject to the provisions and restrictions of the general corporation law; and every active fireman who shall be a member of any department or company organized under the provisions of this article, or organized under any

other law and which is now subject to the provisions of this article, or who shall have served five years as a member of such corporation and has been honorably discharged therefrom shall

L. 1909, cha 40

Fire Corporations

§ 105

be entitled to all the rights granted to volunteer firemen or exempt volunteer firemen by any statute of this state.

This section was derived from L. 1887, ch. 315, § 8, as amended by L. 1895, ch. 745, § 1. It was amended to read as above by L. 1916, ch. 595. This amendment added the last part of the section beginning with the words “or organized under any other law .

General exemption of firemen: see VILLAGE LAW, $ 209.

Exemption of firemen from jury duty: see JUDICIARY LAW, 88 546, 635, 720. From highway labor: see HIGHWAY LAW, 79. From military duty: see MILITARY LAW, § 1. From taxation in villages : see VILLAGE LAW, 88 102, 132.

Qualifications, and rights and privileges of exempt volunteer fromen: see GENERAL MUNICIPAL LAW, $ 200 et seq.

Civil service preferences of exempt volunteer firemen: see CIVIL SERVICE LAW, $ 22.

Firemen's exemption.— The attorney-general ruled that to entitle a fireman to exemption from militia service under the provisions of former L. 1870, ch. 291, § 6, it must appear that he had served the full term of five years. Op. Atty.-Gen. (1902) 198.

Exempt firemen's association.— In a controversy over certain moneys collected pursuant to the provisions of the Insurance Law upon business done by foreign fire insurance companies for insuring property within the city of Little Falls," a membership corporation organized while “ the fire department of the city of Little Falls was in a state of transition from volunteer firemen to paid firemen,” and for the purpose of assisting such of its members as may need help or protection, and to extend needful aid to the widows and children of the members thereof,” is not entitled to such moneys where it appears that its membership or relief work was not limited to firemen and that "aside from its name, there is absolutely nothing to indicate that it is an exempt fireman's association, or was organized to carry out the purposes contemplated by the statute, or that it has any power by statute or otherwise to receive and administer the fund.” Exempt Fireman's Ass'n v. Little Falls, (1911) 148 App. Div. 440, 132 N. Y. S. 798.

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§ 120

Corporations for Prevention of Cruelty

L. 1909, ch. 40

ARTICLE 6*

CORPORATIONS FOR THE PREVENTION OF CRUELTY

Section 120. Certificate of incorporation.

121. Prohibition of new corporations in certain counties.
122. Special powers.
123. Change of location of office.

$ 120. Certificate of incorporation. Five or more persons may become a corporation for the prevention of cruelty to children, or the prevention of cruelty to animals, by making, acknowledging and filing a certificate, stating the particular objects for which the corporation is to be formed; the name of the proposed corporation; the county in which its operations are to be conducted; the town, village or city in which its principal office is to be located; the number of its directors not less than five nor more than thirty; the names and places of residence of the persons to be its directors until its first annual meeting; and the time for holding such annual meeting. Such certificate shall not be filed unless the written consent and approbation thereof of a justice of the supreme court of the judicial district in which the place of business or principal office of such corporation shall be located be first indorsed thereon; nor unless there is annexed thereto the written certificate of the New York society for the prevention of cruelty to children, if such be the object specified, and of the American society for the prevention of cruelty to animals, if such be the object so specified, approving such incorporation. If the approval of either of such societies is not given within thirty days after application therefor, the persons proposing to form such corporation may apply to such justice for his approval, upon eight days' notice of the time and place of application to the society refusing approval, which shall be entitled to appear and be heard, and the granting or refusal of the approval by the justice shall thereupon be discretionary with him. On filing such certificate

* This article was article 5 of the Membership Corporations Law of 1895 ( 88 70–72).

L. 1909, ch. 40

Corporations for Prevention of Cruelty

§ 121

in pursuance of law, the signers thereof, their associates and successors shall be a corporation in accordance with the provisions of such certificate.

ses

This section was derived from the Membership Corporations Law of 1895, § 70.

Section 120 of the Membership Corporations Law of 1895 is now covered by section 170.

Term certificate of incorporation: see GENERAL CORPORATION LAW, § 3, subd. 7.

Qualifications of incorporators and filing and recording certificates of incorporation: see GENERAL CORPORATION LAW, $$ 4, 5.

Frauds in organization of corporations: see PENAL LAW, 88 660, 661.
Corporate names generally: see GENERAL CORPORATION LAW, $ 6.

Unlawful use of certain titles in connection with corporate name:
PENAL LAW, § 666.

Visitation of state board of charities.- In People v. New York Soc. for Prevention of Cruelty to Children, (1900) 161 N. Y. 233, 55 N. E. 1063, reversing 42 App. Div. 83, 58 N. Y. S. 953, it was held that the New York Society for the Prevention of Cruelty to Children, whose main purpose, as defined by its articles of incorporation, was the “prevention of cruelty to children and the enforcement, by all lawful means, of the laws relating to, or in anywise affecting, children,” was not a charitable or eleemosynary corporation and as such subject to the powers of visitation and inspection conferred on the state board of charities by sections 11 to 15 of article 8 of the New York Constitution of 1894, and by sections 9 and 10 of the State Charities Law (L. 1896, ch. 546).

Care of children.— There is no authority to compel the city of New York to provide for the care of children committed to a corporation formed for the prevention of cruelty to children pursuant to this section. People v. Feeney, (1899) 43 App. Div. 376, 60 N. Y. S. 103.

Application of Tax Law.- In Matter of Moses, (1910) 138 App. Div. 525, 123 N. Y. S. 443, it was held that the Brooklyn Society for the Prevention of Cruelty to Children was not wholly exempt under section 221 of the Tax Law, but was only partially exempt. See also In re Saunder, (1912) 77 Misc. 54, 137 N. Y. 438.

$ 121. Prohibition of new corporations in certain counties. A corporation for the prevention of cruelty to animals shall not hereafter be incorporated for the purpose of conducting its operations in the counties of New York, Kings, Queens, Richmond, Suffolk, Westchester, outside of the city of Yonkers, or the county of Rensselaer, or in any other county if thereby there would be two or more such corporations formed for the purpose of conducting operations in such county. But any corporation for the prevention of cruelty to children or to animals or to both may exercise its powers and conduct the like operations in any adjacent county in which no such corporation for such purpose exists, and

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