quired by order of the justice. He shall in addition be a deputy clerk of the court of special sessions, and have the same powers and duties as are conferred and imposed upon deputy clerks by section seventeen of this act. § 34. Children; period of probation.-A child may be placed on probation for such time as the justice holding the children's court may deem proper, not longer, however, than three years, and such probation period may extend beyond the time such child attains the age of sixteen years. § 35. Adults; period of probation.- An adult convicted of a misdemeanor may be placed on probation for such time as the justice holding the court of special sessions may deem proper, not longer, however, than two years. An adult convicted of an offense of which the court or justice thereof has summary jurisdiction may be placed on probation for such time as the court or the justice may deem proper, not longer, however, than one year. 36. Revocation of probation.- Probation may be revoked at any time within the maximum periods above mentioned by the court or justice thereof; but as far as practicable the revocation of probation shall be made by the justice who placed the child or adult on probation. Upon such revocation the justice may make such commitment as could have originally been made if the child or adult had not been placed on probation, and to that end may pronounce any judgment, or sentence, or impose any fine, or other penalty, or make any commitment which might have been pronounced, imposed or made at the time the conviction was had. Whenever probation is revoked, the court or justice thereof, as the case may be, may issue process for the rearrest of the defendant and when arraigned the court as it is then constituted, or the justice thereof, may proceed to enter judgment and impose sentence as herein provided. THE MEMBERSHIP CORPORATIONS LAW. 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. ARTICLE 3. Corporations for Purposes not Elsewhere Authorized. * 840. 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 thirty; and the names and places of residence of the persons to be its directors until its first annual meeting. Such certificate shall not be filed without the written approval, indorsed thereupon or annexed thereto, of a justice of the supreme court. If such certificate specify among such purposes the care of orphan, pauper or destitute children, the establishment or maintenance of a maternity hospital or lying-in asylum where women may be received, cared for or treated during pregnancy or during or after delivery, or for boarding or keeping nursing children, the written approval of the state board of charities shall also be indorsed thereupon or annexed thereto, before the filing thereof. 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. Any corporation heretofore or hereafter or ganized under this article for the purpose of gathering, obtaining and procuring information and intelligence, telegraphic or otherwise, for the use and benefit of its members, and to furnish and supply the same to its members for publication in newspapers owned or represented by them may admit as members thereof, other corporations, limited liability companies, joint-stock and other associations, partnerships and individuals engaged in the same business or in the publication of newspapers, periodicals or other publications, upon such terms and conditions, not inconsistent with law or with its certificate of incorporation, as may be prescribed in its by-laws. Certificates of incorporation of homes for children not properly filed without the approval of the State Board of Charities. STATE OF NEW YORK, ATTORNEY-GENERAL'S OFFICE, ALBANY, August 2, 1909. Dr. ROBERT W. HILL, Secretary, State Board of Charities, Albany, N. Y.: DEAR SIR. I have your letter of the 29th ultimo, in reference to the Sunnyside Association of New York City, which I note has filed a certificate of incorporation with the Secretary of State without receiving the approval of your Board. You ask whether, under the statutes, this approval was necessary before the certificate could be legally filed. I note from your letter that the objects of this association are, in part, "to maintain and conduct a summer home or homes and to provide free summer outings for children and their mothers." Section 41 of the Membership Corporations Law provides for the formation of corporations not elsewhere authorized, and further provides in part: "If such certificate specifies among such purposes the care of orphan, pauper or destitute children or for boarding or keeping nurs ing children, the written approval of the State Board of Charities shall also be endorsed thereupon or annexed thereto before the filing thereof." As you point out in your letter, under the broad provisions of the certifi cate in the present case, it would seem as if the purposes above-mentioned are included in the certificate. Apparently the purpose is to provide a home for children of all ages and all conditions and therefore the care of orphan, pauper and destitute children and of nursing children is necessarily included. It is therefore, my opinion, that this certificate could not properly be filed under Article III of the Membership Corporations Law, without the approval of the State Board of Charities. Very truly yours, EDWARD R. O'MALLEY, ARTICLE 7. Hospital Corporations. § 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. A stock corporation for the purpose of conducting a private sanitarium or hospital, giving treatment, etc., can not be formed under the provisions of the Business Corporations Law. (People v. Woodbury Dermatological Institute, 192 N. Y. 454.) STATE OF NEW YORK, ATTORNEY-GENERAL'S OFFICE, ALBANY, April 21, 1909. Dr. ROBERT W. HILL, Secretary, State Board of Charities, Albany, N. Y.: DEAR SIR.— I am in receipt of your letter of the 1st inst., in which you ask whether "a stock corporation can be formed under the Business Corporations Law for the purpose of conducting a private sanitarium or hospital for the treatment of medical and surgical cases," and if so, whether certain other things may be done by it. I have carefully examined this question, and in my opinion, the first question must be answered in the negative, and therefore the other questions do not arise. The Court of Appeals has recently held, in People v. Woodbury Dermatological Institute, 192 N. Y. 454, that a corporation organized under the Busi. ness Corporations Law is guilty of a misdemeanor if it advertises to practice medicine, because such advertisement by a person not licensed is forbidden by the Laws of 1907, chapter 344, section 15, and a corporation cannot secure such license. It would follow from this that such a corporation as you describe, even if formed, could not lawfully advertise its vocation or practice medicine, without being guilty of a misdemeanor, because the statute referred to applies both to advertising the practice of medicine and practicing. Of course, if a corporation were formed for the mere purpose of maintaining a sanitarium to which persons could repair for rest and hygienic treatment, and which would not, in fact, practice medicine within the meaning of this decision, a different question would be presented. On the other hand, it would seem that, if the corporation desires to conduct a hospital and to practice medicine in the sense of furnishing medical and surgical treatment to its patients, it must be formed under the Membership Corporations Law, in which event its members would not be allowed to make a profit from the enterprise. If there is any further information which you desire, I shall be glad to furnish it to you, if the foregoing opinion does not answer all your questions. Yours respectfully, EDWARD R. O'MALLEY, Attorney-General. Membership Corporations Law, Section 130, not abrogated by Article 7, Chapter 171, Laws of 1909, amending the Public Health Law. STATE OF NEW YORK, ATTORNEY-GENERAL'S OFFICE, ALBANY, July 8, 1909. Hon. ROBERT W. HILL, Secretary, State Board of Charities, Albany, N. Y.: DEAR SIR. In reply to your letter of the 6th instant, requesting an opinion as to whether certain provisions of chapter 171 of the Laws of 1909, entitled |