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§ 122

Corporations for Prevention of Cruelty

L. 1909, chi 40

may

continue to do so until the establishment of such a corporation therein. In certificates of incorporation organizing additional corporations under this article in the city of Yonkers, such city must be designated as the place in which any such corporation is to conduct its operations instead of the county of Westchester, and its operations shall be confined to such city. The Brooklyn society for the prevention of cruelty to children may exercise all its powers in the county of Nassau until a society for the prevention of cruelty to children shall be incorporated and located therein, and may exercise all its powers in the county of Suffolk until such a corporation is incorporated and located therein.

This section was derived from the Membership Corporations Law of 1895, § 71, as amended by L. 1902, ch. 169, § 1. It was amended to read as above by L. 1911, ch. 623, and L. 1916, ch. 177. The amendment by L. 1911, added the words “outside of the city of Yonkers,” and added the third sentence. The amendment by L. 1916 added the last sentence.

Section 121 of the Membership Corporations Law of 1895 is now covered by section 171.

§ 122. Special powers. A corporation formed for the purpose of preventing cruelty to children may prefer a complaint before any court, tribunal or magistrate having jurisdiction, for the violation of any law, relating to or affecting children, and may aid in presenting the law and facts to such court, tribunal or magistrate in any proceeding therein.

A corporation formed for the purpose of preventing cruelty to animals may prefer a complaint before any court, tribunal or magistrate having jurisdiction, for the violation of any law relating to or affecting the prevention of cruelty to animals, and may aid in presenting the law and facts to such court, tribunal or magistrate in any proceeding therein.

A corporation for the prevention of cruelty to children may be appointed guardian of the person of a minor child during its minority by a court of record, or a judge thereof, and may receive and retain any child at its own expense on commitment by a court or magistrate.

All magistrates and peace officers shall aid such a corporation, its officers, agents and members in the enforcement of laws relat

L, 1909, ch. 40

Corporations for Prevention of Cruelty

§ 123

ing to or affecting children, and for the prevention of cruelty to animals.

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

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Section 122 of the Membership Corporations Law of 1895 is now covered by section 172.

Abandonment of and omitting to provide for children: see PENAL LAW, $$ 480, 481, 482. Punishment of parents, guardians or other persons for contributing to the offenses and delinquency of children: see PENAL LAW,

494; LABOR LAW, § 227. Commitment of children to institutions : see POOR LAW, $ 56. Prohibited acts as to destitute children: see PENAL LAW, § 486. Children's courts: see PENAL LAW, 487. Penal provisions relating to animals: see PENAL LAW, § 180 et seq. Cruelty to animals: see 41 L. R. A. (N. S.) 436 note. Liability for cruelty to animals: see 11 L. R. A. (N. S.) 522 note. Validity of statutes authorizing seizure, etc., of animals by humane society: see 14 Ann. Cas. 916 note. Validity of statute prohibiting docking of horses' tails or use of horses with docked tails: see 13 Ann. Cas. 1032 note.

Violation of Criminal Code.- Under this section a society for the prevention of cruelty to children may prefer a complaint for a violation of the Code of Criminal Procedure, section 899. People v. Strickland, (1884) 13 Abb. N. Cas. 473.

Recovery of fine paid into city treasury.-A corporation organized under L. 1875, ch. 130, which was “ An Act for the incorporation of societies for the prevention of cruelty to children," was held entitled, under L. 1876, ch. 122, § 5, which provided that fines collected as a result of prosecutions instituted by such a corporation shall “ except as otherwise provided inure to such society in aid of the purposes for which it was incorporated,” to recover from the city of Yonkers a fine paid by the court into the city treasury the complaint having been made by the corporation. Yonkers Soc., etc., v. Yonkers, (1887) 44 Hun 338, 8 N. Y. St. Rep. 845.

§ 123. Change of location of office. Any membership corporation for the prevention of cruelty to animals now existing or hereafter organized under the laws of this state, may at any time change the location of its principal office from the town, village or city named in its certificate of incorporation to any other town, village or city in the same county, provided such change has been authorized by a vote of the members of said corporation at a special meeting of the members thereof, called for that purpose. When such change shall be authorized by the members, as herein provided, the president and secretary and a majority of the directors of such corporation shall sign a certificate stating the name of such corporation, the town, village, city and county where its principal office was originally located and the town, village or city in said county to which it is desired to change the location of its principal office, and that such change has been authorized, as herein provided, and the name of the directors of said corporation and their respective places of residence, which

§ 123

Corporations for Prevention of Cruelty

L. 1909, ch. 40

certificate shall be verified by the oaths of all persons signing the same, and when so signed and verified, it shall be filed in the office of the secretary of state and a duplicate thereof filed in the office of the clerk of the county in which said principal office is located, and thereupon the location of the principal office of such corporation shall be changed as stated in said certificate.

This section was derived from the Membership Corporations Law of 1895, 8 72.

Section 123 of the Membership Corporations Law of 1895 is now covered by section 173.

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§ 130. Certificate of incorporation. Five or more persons may become a corporation for the purpose of erecting, establishing or maintaining a hospital, infirmary, dispensary, or home for invalids, aged or indigent persons, by making, acknowledging, and filing a certificate, stating the particular object for which the corporation is to be formed; the name of the proposed corporation; the town, village or city in which its principal office is to be located; the number of directors, not less than three nor more than forty-eight; the names and places of residence of the persons to be its directors until its first annual meeting, and the time for holding its annual meetings. Such certificate may also specify the qualification of members of the corporation with respect to their adherence or non-adherence to a particular school or theory of medical or surgical treatment; and the systems of medical practice or treatment to be used or applied in such hospitals, infirmary, dispensary or home.

Such certificate shall not be filed without the written approval indorsed thereupon, or annexed thereto, of the state board of charities and of a justice of the supreme court of the district in which the principal office or place of business of such corporation shall be located.

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

This section was derived from the Membership Corporations Law of 1895, s 80, as amended by L. 1900, ch. 404, § 1.

Section 130 of the Membership Corporations Law of 1895 is now covered by section 180.

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, $8 660, 661. Corporate names generally: see GENERAL CORPORATION LAW, $ 6. Unlawful use of certain titles in connection with corporate name: see PENAL LAW, 666. Exemption from taxation : see Tax LAW, $ 4.

Partial invalidity of statute relating to hospitals and asylums: see Ann. Cas. 1916D 60 note.

* This article was article 6 ('$ 80) of the Membership Corporations Law of 1895.

§ 130

Hospital Corporations

L. 1909, chi 40

Hospital chart as evidence: see Ann. Cas. 1916C 78. Are hospital records within the privilege extended to communications between physician and patient: see 14 L. R. A. (N. S.) 565 note.

Right of woman to be officer of hospital: see 38 L. R. A. 211 note. Superintendent of asylum as municipal officer: see Ann. Cas. 1914D 1237 note.

Gifts for establishment of hospital as being for charitable purposes : see Ann. Cas. 1912D 58 note. Requiring payment for patient as affecting right of hospital to public aid or exemption from taxation : see 29 L. R. A. (N. S.) 190 note.

Hospital or asylum as nuisance: see Ann. Cas. 1916A 126 note; 52 L. R. A. (N. S.) 1032 note. Municipal hospital for contagious diseases as nuisance: see 6 Ann. Cas. 823 note. Injunction against private hospital or sanatorium for contagious or infectious diseases: see 15 Ann. Cas. 719 note; Ann. Cas. 1912B 1131 note. Right of property owner to complain of location of contagious disease hospital in neighborhood: see 5 L. R. A. (N. S.) 1028 note; 25 L. R. A. (N. S.) 228 note. Injunction against hospital by local authorities : see 41 L. R. A. 324 note.

Personal liability of officer or employee of hospital or asylum for tort: see Ann. Cas. 1915D 775 note. Liability of hospital for negligence: see 23 L. R. A. 200 note. Liability of insane institution for negligent or tortious acts of inmate: see 12 Ann. Cas. 829 note. Liability of owner or proprietor of private hospital or sanatorium for negligence of employees: see 8 Ann. Cas. 1046 note; Ann. Cas. 1915B 1229 note. Liability of proprietor of private sanitarium or hospital for negligence of nurse or attendant: see Ann. Cas. 1915D 334 note; 6 L.'R. A. (N. S.) 306 note. Liability of hospital contracting to provide medical or surgical attention: see Ann. Cas. 1915D 884 note. Liability of operating surgeon for negligent act of interne or hospital in caring for patient: see 27 L. R. A. (N. S.) 1174 note. Liability for detaining patient at hospital against his will : see Ann. Cas. 1915D 611 note. Liability for negligence of attendants furnished by relief department toward which employees contribute: see 48 L. R. A. (N. S.) 531 note; 30 L. R. A. (N. S.) 1207 note; 17 L. R. A. (N. S.) 1167 note.

Relation of Public Health Law. The provisions of the Public Health Law with regard to the establishment of hospitals or camps for the treatment of tuberculosis did not abrogate or modify the provisions of this section. Op. Atty.-Gen. (1909) 518. See generally, PUBLIC HEALTH LAW, $ 319.

What constitutes a hospital.—“ Visiting the sick and assisting those who need assistance” does not embrace “the running of a hospital.” People v. Nowles, (1901) 34 Misc. 501, 70 N. Y. S. 277.

Approval of certificate.-As to a suggestion for change of former law with respect to approval of state board of charities, see Op. Atty.-Gen. (1897) 324.

Hospital as an almshouse.-A corporation organized" to maintain and support a hospital for the care and treatment of sick and disabled indigent patients," was held to be an almshouse within the provisions of L. 1866, ch. 136, exempting the property of such an institution from taxation. In re Curtis, (1889) 1 Connoly 471, 7 N. Y. S. 207.

Incorporation under Business Corporations Law.- It was not intended that hospital corporations should be incorporated under the Business Corporations Law. The state board of charities should not approve a certificate of incorporation unless it is prepared for filing pursuant to this chapter. Op. Atty:Gen. (1911) 191; Op. Atty.-Gen. (1903) 252. See also Op. Atty.-Gen. (1909) 517.

Corporation to furnish medical aid.— The secretary of state is not required by this section to file in his office a proposed certificatè of incorporation which has for its object the furnishing of medical aid, where it appears that the corporation is not a hospital corporation. Op. Atty.-Gen. (1912) 548.

Power to receive pay patients. The certificate of incorporation of a

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