grounds or reasons of said board for refusing to grant such discharge, and a copy of such resolution shall be mailed or delivered forthwith to the petitioner, or the attorney presenting the petition to the board.

5. At any time within thirty days after the mailing or delivery of said resolution, as prescribed in subdivision four, the petitioner may cause a notice in writing to be served upon the superintendent of the said village and the attorney-general, to the effect that the said action of the board of managers shall be reviewed by the supreme court at a special term thereof to be held in the judicial district in which the said village is located, not less than eight days after such notice is served, and the notice served upon the attorney-general shall be accompanied by true copies of all papers used upon the application before the board, and of the resolution adopted by the board on said application, and any other papers or documents intended to be presented to the court upon said hearing.

6. Upon receipt of such notice and papers, it shall be the duty of the attorney-general to appear in said proceedings and upon said hearing in court, on behalf of the state of New York, and to render such legal service and give such counsel as may be necessary to fully advise the court and protect the interests of the state of New York in the premises.

7. The superintendent and board of managers of said village shall furnish to the attorney-general, upon his application, any information, facts or data in their possession which he may require to use upon said hearing.

8. The order granted by the court upon such hearing shall be entered in the office of the clerk of the county of Rockland and a certified copy thereof furnished to the superintendent of the said village and shall be recorded in the records of the said village, and the said inmate shall be discharged or detained according to the terms of said order.

9. The superintendent may grant to a committed patient a parole not exceeding forty-five days, at the expiration of which period said patient must be again placed in the village unless discharged under conditions outlined in foregoing sections.

(Added by chapter 586 of the Laws of 1911.)

§ 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.

§ 29. Persons to whom liquor shall not be sold or given away. No corporation, association, copartnership or person, whether taxed under this chapter 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 or knowingly to a person who has been convicted during the preceding year of public intoxication; 4. To any Indian;

5. To any person to whom such corporation, association, copartnership or person may be forbidden to sell by notice in writ ing 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, peace officer or constable of the town, or by the mayor, chief of police or police justice of a city or by a probation officer or parole officer; 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, chief of police or police justice of a city or constable or peace officer shall apply only in the case of a person who has been convicted of a felony or misdemeanor five or more times, or who has been convicted of public intoxication within the preceding year, which fact shall be stated in said notice; and that such notice in writing by a probation officer or parole officer shall apply only in the case of a person who has been placed on probation and is under the supervision of such probation officer or parole officer.

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 poorhouse, 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, and chapter 623, Laws of 1917.)

7. To any person while a passenger on a railroad car or other public conveyance on land or water, operated for the accommodation of the traveling public and used or occupied at the time the said liquors are sold, delivered or given away by other passengers; nor shall such liquors be drunk or be offered or attempted to be given to any passenger on such car while so used or occupied by other passengers, provided, however, that the provisions hereof shall not apply to the sale of liquors under a liquor tax certificate issued as provided in subdivision four of section eight of this

chapter. A person violating the provisions of this subdivision may be excluded or expelled from the car or conveyance by the officers or employees of the person, persons or corporations operating such car or public conveyance, and if so excluded or expelled the person, persons or corporation operating such car or conveyance shall not be subject to or liable for damages caused by such exclusion or expulsion, in a civil action brought by the person so excluded or expelled. The officers or employees of the person, persons or corporations operating such car or public conveyance shall refuse to permit a person who is intoxicated to ride upon such car or public conveyance, and shall exclude or expel an intoxicated person from such car or conveyance. (Added by chapter 623, Laws of 1917.)

8. To any person, other than the holder of a liquor tax certificate issued under subdivision five of section eight of this chapter, with knowledge or with reasonable cause to believe that the person to whom such liquors are so sold, delivered or given away, has acquired the same for the purpose of peddling them from place to place or of selling, delivering or giving them away in violation of any of the provisions of this chapter. (Added by chapter 623, Laws of 1917.)

THE MEMBERSHIP CORPORATIONS LAW. Chapter 35 of the Consolidated Laws.

§ 12. Prohibitions on officers.

No director or other officer of a membership corporation hereafter created shall receive, directly or indirectly, any salary, compensation or emolument from such corporation, either as such officer or director or in any other capacity, unless authorized by the by-laws of the corporation, or by the concurring vote of two-thirds of the directors.

No director or other officer of a membership corporation hereafter created shall be interested, directly or indirectly, in any contract relating to the operations conducted by the corporation, nor in any contract for furnishing supplies thereto, unless expressly authorized by the by-laws of the corporation, and by the concurring vote of all the directors.

The foregoing provisions of this section shall also apply after January first, eighteen hundred and ninety-six, to every membership corporation existing on August thirty-first, eighteen hundred and ninety-five, and theretofore created under any law repealed by this chapter.

§ 40. Purposes for which corporations may be formed under this article. A membership corporation may be created under this article for any lawful purpose, except a purpose for which a corporation may be created under any other article of this chapter or any other general law than this chapter.

§ 41. Certificates of incorporation. Five or more persons may become a membership corporation for any one of the purposes for which a corporation may be formed under this article or for any two or more of such purposes of a kindred nature, by making, acknowledging and filing a certificate, stating the particular objects for which the corporation is to be formed, each of which must be such as is authorized by this article; the name of the proposed corporation; the territory in which its operations are to be principally conducted; the town, village or city in which its principal office is to be located, if it be then practicable to fix such location; the number of its directors, not less than three nor more than forty; and the names and places of residence of the