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§§ 101-103.

Fire corporations.

L. 1916, ch. 595.

Such corporations shall, in law, be capable of taking, receiving, purchasing and holding real estate for the purposes of their incorporation, and for no other purpose. (Amended by L. 1916, ch. 595, in effect May 19, 1916.)

§ 101. Incorporation of fire corporations in towns legalized. Any fire, hose, protective or hook and ladder corporation heretofore organized 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, with the consent of the town board, if the territory served by such corporation is located in a town, or with the consent of two or more town boards, if the territory served by such corporation is located in two or more towns, is hereby legalized and confirmed, notwithstanding the omission of any town board to appoint the members of such corporations as town firemen, or to exercise governmental control over them. Any such corporation shall hereafter be subject to the provisions of this article. (Amended by L. 1916, ch. 595, in effect May 19, 1916.)

§ 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 Powers.-A fire, hose, protective or a hook and ladder corporation, incorporated under this article or under a law repealed by this chapter, shall only engage in such business as properly belongs to a fire, hose, protective or hook and ladder corporation, in the city, village, fire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. (Amended by L. 1916, ch. 595, in effect May 19, 1916.)

§ 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 personal, by virtue of any devise or bequest contained in any last will and testament. (Amended by L. 1916, ch. 595, in effect May 19, 1916.)

L. 1916, ch. 177.

Cruelty to animals; new corporations.

§§ 104, 105, 121.

§. 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. (Amended by L. 1916, ch. 595, in effect May 19, 1916.)

§ 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 be entitled to all the rights granted to volunteer firemen or exempt volunteer firemen by any statute of this state. (Amended by L. 1916, ch. 595, in effect May

19, 1916,)

§ 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 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

§§ 223, 224.

Alumni corporations; directors, etc.

L. 1916, ch. 235. and located therein. (Amended by L. 1911, ch. 623, and L. 1916, ch. 177, in effect Apr. 10, 1916.)

§ 223. Corporate powers; alumni funds; special directors; expenses.-The corporations formed under the provisions of this article shall have power to create, manage and control a fund, to be known as an alumni fund, and for that purpose to take and acquire real and personal property by gift, devise or purchase, the net annual income of which shall not exceed the sum of fifty thousand dollars, and the income thereof may be used for and applied to such object or objects connected with such college, colleges or university as such corporation shall direct. The corporations formed under the provisions of this article shall also have power to elect from among their members such a number of trustees or directors of the college or colleges, or university to which their members shall respectively belong, as such college, colleges or university shall designate; to prepare and publish from time to time an alumni record or directory; to prescribe reasonable terms and conditions upon which their members shall be entitled to vote or hold office; to provide for meetings and reunions of their members, and for literary and other entertainment at such meetings and reunions; to appropriate from their funds a sufficient sum to defray the expenses of such meetings and reunions, including the expense of any banquet that may be given at the same, provided that no part of the permanent fund of such corporation, or of the income thereof, shall be appropriated for such purposes; to take such other action and to transact such other business as usually pertain to alumni associations of colleges and universities; and to adopt such a constitution and by-laws and such rules and regulations as may be necessary or proper for their government and regulation, and for the accomplishment of the objects of their incorporation, not inconsistent with the laws of this state. This section shall not apply to any college or university whose alumni are now empowered to elect trustees in accordance with any special act heretofore passed by the legislature. (Amended by L. 1916, ch. 235, in effect Apr. 17, 1916.)

§ 224. Directors and officers, election compensation.-The corporations formed under the provisions of this article shall elect annually from their members such a number of directors, not less than nine, as their constitution and by-laws shall prescribe, and from the directors so chosen shall elect a president, a vice-president, a secretary, and a treasurer, who shall be respectively the president, the vice-president, the secretary, and the treasurer both of the corporation and of the board of directors. Said corporations may also elect such other officers and committees as their constitutions and by-laws shall prescribe. But no officer, director or member of a committee of such corporation, except its secretary and treasurer, shall receive any compensation for his service as such officer, director or member of a committee, except the same be granted by a two-thirds vote of all the members present at any regular meeting of the corporation. The

L. 1916, ch. 235.

Alumni corporations; directors, etc.

§ 224.

compensation of the secretary and treasurer of any such corporation shall be fixed by the board of directors, and said board may refuse to grant any compensation to such secretary or treasurer or both. In case a vacancy shall occur from any cause in said board of directors, or in any office of said corporation, or board of directors, the same shall be filled by said board of directors, or by the executive committee of the same, if empowered so to do by the constitution or by-laws of the corporation, and the person or persons chosen to fill such vacancy shall hold office until his or her successor shall be chosen at a regular meeting of said corporation. (Amended by L, 1916, ch. 235, in effect Apr. 17, 1916.)

$$ 5, 9, 9a.

Drafts from reserve militia.

L. 1916, ch. 568.

MILITARY LAW.

(L. 1909, ch. 41.)

§ 5. Designation and division of the militia. The militia of the state shall be divided into two parts; the active and the reserve militia; the active militia shall consist of the organized and uniformed military forces known as the national guard, and of the organized and uniformed naval forces' known as the naval militia; the reserve militia shall consist of all those liable to service in the militia, but not serving in the national guard or in the naval militia of the state. The governor may order such organization of the reserve militia or of designated classes thereof or of volunteers therefrom as he may deem to be for the public interest and may adopt therefor such parts of the regulations governing the active militia or establish such special regulations, or both, as he may deem proper. (Amended by L. 1916, ch. 568, in effect May 15, 1916.)

§ 9. Drafts or volunteers from the militia.-Whenever it shall be necessary to call out any portion of the reserve militia for active duty in case of insurrection, invasion, tumult, riot or breach of the peace or imminent danger thereof, or when called forth for service under the constitution and laws of the United States, the governor may call for and accept as many volunteers as are required for such service, or he may direct his order to the mayor of any city or the supervisor of any town, who, upon the receipt of the same shall forthwith proceed to draft as many of the reserve militia in his city or town, or accept as many volunteers as are required by the governor, and shall forthwith forward to the governor a list of the persons so drafted or accepted as volunteers. (Amended by L. 1916, ch. 568, in effect May 15, 1916.)

§ 9-a. Drafts or volunteers from the reserve militia into the national guard and naval militia.-For the purpose of maintaining the national guard and naval militia at the standard of efficiency required for public safety, or of conforming to any organization now or hereafter adopted for the army of the United States or prescribed by the laws of the United States for the organization of the national guard or naval militia, the governor may also, at any time, call for volunteers or order that an enrollment be made of that part of the reserve militia residing in any city or town, and that a draft be made, or volunteers secured therefrom, of such number as may be required to make up or complete the complement of organizations of the national guard or naval militia or any part thereof located therein; the governor in such case, shall direct his order to the mayor of any city, or supervisor of any town, specifying the number required in each case, and upon the receipt of such order, the said mayor or

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