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Additional lands may be acquired by a private cemetery corporation to an extent not to exceed three acres; but no additional lands so purchased or otherwise acquired shall be used for the purpose of burial within three hundred feet of any dwelling without the written

consent of the owner thereof. and leon

8 57. Family cemetery corporations. — Any person may, by c.890 deed or devise, dedicate land to be used exclusively for a family

cemetery, or the executors, administrators or trustees of a deceased person may, with the written authority of all the surviving heirs, next of kin, devisees and legatees of the deceased person, executed in person or by attorney, or if infants, by general guardian, dedicate lands of such deceased person to be used exclusively for such purpose, or purchase with the funds of the estate under their control, suitable lands therefor, and may pay to the directors of such cemetery money or other personal property as hereafter provided. The quantity of land so dedicated shall not exceed three acres, nor be located within one hundred rods of a dwelling-house, without the consent of the owner. The instrument dedicating such land shall describe the same, may appoint directors to manage such cemetery, may direct the manner of choosing successors to the directors, and may grant to such directors and their successors money or personal property to be a fund for maintaining, improving and embellishing such cemetery, in accordance with the deed or will of such person, or the written authority of such heirs, next of kin, devisees and lega

The instrument dedicating land for a family cemetery, together with the authority, if any, of the heirs, next of kin, devisees and legatees of a deceased person, shall be filed in the office of the county clerk of each county in which such cemetery is to be situated.

A fund created by will for the purpose of maintaining, improving and embellishing such a cemetery shall not exceed ten per cent of the clear value of the estate of the testator in excess of his debts and liabilities, other than legacies.

The directors shall, before entering on their duties, file in the office of the clerk of each county, in which such cemetery is situated, a written acceptance of their appointment; and thereon such directors and their successors shall be a corporation by the name expressed in the instrument dedicating such land. Such directors and their successors, before receiving any property, money or funds for improving, maintaining and embellishing the cemetery under their charge, shall execute to the surrogate of the county in which

Cemetery Corporations.

SS 61-63

such real property is situated a bond with sureties approved by him, in a penalty of twice the principal sum of the fund placed in their charge, conditioned for the faithful preservation and application thereof, according to the rules, directions or by-laws, prescribed in the instrument under which their appointment was made, and renew their bond or execute a new bond whenever required so to do by such surrogate. At least once in each year, and oftener if required by the surrogate, they shall file with him their account of receipts and expenditures, on account of the fund in their hands, together with vouchers for all disbursements.

861. Lot owners in unincorporated cemeteries may determine upon incorporating under this article.-Not less than three owners of lots in an unincorporated cemetery may cause a notice to be posted in at least six conspicuous places in the city, town or village in which such cemetery is located, and published once in each week for three successive weeks in a newspaper, if any, published in such municipality, stating that at a time and place specified in such notice, a meeting of the owners of lots in such cemetery, shall be held to determine upon the question of incorporating such cemetery, pursuant to article three of the membership corporations law. (Added by chap. 480 of 1900.)

$ 62. Meeting to determine such question.- Such meeting shall be held at a convenient place in the city, town or village in which such cemetery is located, not less than twenty-five nor more than thirty days after the first posting and publication of the notice of the meeting. At such meeting every owner of a lot in such cemetery, represented thereat in person or by proxy, shall be entitled to one vote, for each lot owned by him. Any owner of a lot in such cemetery, may by written proxy, duly acknowledged, designate a person to represent him at such meeting, and the person so designated shall upon the presentation of such proxy to the chairman of the meeting, have all the powers of a lot owner present thereat. The persons entitled to vote at such meeting shall select a chairman and secretary thereof, and shall determine by ballot the question of whether or not the owners of lots in such cemetery shall organize as a corporation, pursuant to article three of the membership corporations law. The ballots in favor of such proposition shall have the word yes” thereon, and the ballots against shall have the word "no" thereon. (Added by chap. 480 of 1900.)

$ 63. Incorporation pursuant to meeting; conveyance of property to corporation - If a majority of the ballots are in favor of such proposition, the persons entitled to vote at such meeting shall select three owners of lots in such cemetery to incorporate in pursuance of article three of the membership corporations law, and the provision of such article shall be applicable to the formation and management of such corporation, except that three persons may incorporate, and the corporation shall not be required to have more

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than three directors. Upon the formation of such corporation in pursuance of such article, the owners of lots in such cemetery shall be members of the corporation, and the corporation shall become vested with the title to such unincorporated cemetery and the personal property connected therewith, subject to all the provisions of law, in relation to cemetery corporations. If, however, the title to such cemetery has prior to such incorporation vested in the town, pursuant to section one hundred and ninety-five of the town law, or section one of title seven of chapter eleven of part one of the revised statutes, the supervisor of such town shall on request of the directors of such corporation, execute to such corporation a deed of such cemetery lands releasing all interest of the town therein, an thereafter the title of such cemetery shall be vested in the corporation. (Added by chap. 480 of 1900.)

ARTICLE IV.

FIRE CORPORATIONS.

SECTION 65. Certificate of incorporation.

66. Powers.

8 65. Certificate of incorporation.-Ten or more persons may become a fire, hose, protective or hook and ladder corporation 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 city, village or town in which it proposes to act; the number of directors; and the names and places of residence of the persons to be directors until its first annual meeting

Such certificate shall not be filed without the approval indorsed thereupon, or annexed thcreto, of a justice of the supreme court, nor unless there is annexed thereto a certified copy of the resolution of the board of trustees of the village, or the approval of the mayor of the city, or, if not within a village or city, a resolution of the town board of the town in which the corporation proposes to act, consenting to its incorporation.

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.

8 66. 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 or town named in its certificate. In participating in the prevention and extinguishing of fires, such corporation shall be under the control of the city or village authorities having by law, control over the prevention or extinguishment of fires therein.

Corporations for the Prevention of Cruelty.

SS 70-71

ARTICLE V.

CORPORATIONS FOR THE PREVENTION OF CRUELTY.

SECTION 70. Certificate of incorporation.

71. Prohibition of new incorporations in certain counties.
72. Special powers.

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

$ 71. 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 or Rensselaer, or in any other county, if

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thereby there would be two or more such corporations formed for the purpose of conducting operations in such county. (As amended by chap. 469 of 1896, § 1.)

872. Special powers.-A corporation formed for the purpoes of preventing cruelty to children may prefer a complaint be ore 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 of a court or magistrate.

All magistrates and peace officers shall aid such a corporation, its officers, agents, and members in the enforcement of laws relating to or affecting children, and for the prevention of cruelty to animals.

ARTICLE VI.

HOSPITAL CORPORATIONS.

SECTION 80. Certificate of incorporation.

8 80. 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 nume 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.

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