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eithor gratuitously or for a compensation determined without reference to the value of the thing furnished, medical or surgical advice or treatment, medicine or apparatus, provided, however, that the moneys used by and for the purposes of said dispensary shall be derived wholly or in part from trust funds, public moneys or sources other than the individuals constituting said dispensary and the persons actually engaged in the distribution of charities of said dispensary.

§ 291. Licensing of dispensaries by the state board of charities. A license may be issued by the state board of charities to a dispensary, as provided in this section. An application in writing for such license shall be made to such board in the form and manner prescribed by.it, which shall be uniform for all schools of medicine. There shall be attached to such application a statement, verified by the oath of the applicant, containing such facts as the board may require. If, in the judgment of such board, the statement filed, and other evidence submitted in relation to such application, indicate that the operations of said dispensary will be for the public benefit, a license shall be issued to the dispensary applying therefor. The form of such license shall be prescribed by the board. A dispensary shall not enter upon the execution, or continue the prosecution of its purpose unless licensed by the state board of charities, as provided in this article. A license shall be issued, on application, to all dispensaries legally incorporated, and to uuincorporated dispensaries conducted in connection with incorporated institutions on April eighteenth, eighteen hundred and ninety-nine.

$ 292. Rules and regulations. The state board of charities shall make rules and regulations, and alter or amend the same, in accordance with which all dispensaries shall furnish and applicants obtain medical or surgical relief, advice or treatment, medicine or apparatus. But such rules and regulations shall not in any case specify the particular school of medicine in accordance with which a dispensary shall manage or conduct its work or determine the kind of medical or surgical treatment to be provided by any dispensary.

$ 293. Revocation of licenses. The state board of charities or any of its members may at any and all times visit and inspect licensed dispensaries. They may examine all matters in relation to said dispensaries, and ascertain how far they are conducted in compliance with this law and the rules and regulations of the board. After due notice to a dispensary, and opportunity for it to be heard, the board may, if public interest demands, and for just and reasonable cause, revoke a license by an order signed and attested by the president and secretary of the board. Such order shall state the reason for revoking such license, and shall take effect within such time after the service thereof upon the dispensary as the board shall determine. The said board is hereby directed to apply to the supreme court to revoke the license and annul the incorporation of any dispensary legally incorporated, or conducted in connection with an incorporated institution on April eighteenth, eighteen hundred and ninety-nine, for wilful violation of the rules and regulations made by said board.

$ 294. Drug store or tenement house not to be used by dispensary; unlawful display of signs. After April eighteenth, eighteen hundred and ninety-nine, no dispensary shall make use of any place commonly known as a drug store, or any place or building defined by law or by an ordinance of the board of health as a tenement house; nor after such time shall any person, corporation, institution, society, association, or agent thereof, except a duly licensed dispensary, display or cause to be displayed a sign or other thing which could directly or indirectly or by suggestion indicate the existence of the equivalent, in purpose and effect, of a dispensary.

8 295. Violation of article, misdemeanor. Any person who wilfully violates any of the provisions of this article, or any of the rules and regulations made and published under the authority of this article, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than ten dollars and not more than two hundred and fifty dollars.

8 296. Obtaining surgical or medical treatment on false representations, misdemeanor. Any person who obtains medical or surgical treatment on false representations from any dispensary licensed under the provisions of this article, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than ten dollars and not more than two hundred and fifty dollars.

ARTICLE 16

Licenses for Placing Out Destitute Children Section 300. Definitions. 301. Placing out destitute child without license pro

hibited.
302. Issue of licenses; revocation,
303. Record to be kept.
394. Visitation by state board of charities.
305. Religious faith.
306. Order prohibiting placing out of children; notice;

revocation.
307. Certiorari to review decision.
308. Penalty for violations.

§ 300. Definitions. When used in this article the term “ destitute child"

» means an orphan, abandoned or destitute minor, under the age of sixteen years, who is an inmate of a public or private charitable institution or is maintained by or dependent upon public or organized charity. The term "place out,” when used in this article, means the placing of a destitute child in a family, other than that of a relative within the second degroo, for the purpose of providing a home for such child. The term “ board,” when used in this article, means the state board of charities (As amended by chapter 258 of the Laws of 1909.)

8 301. Placing out destitute child without license prohibited. It is hereby made unlawful for any person or corporation, other than a charitable or benevolent institution, society or association, or society for the prevention of cruelty to children, now or hereafter duly incorporated under the laws of this state, or a local officer charged with the relief of the poor and placing out in the manner now provided by law, to place out any destitute child, directly or indirectly, unless such person or corporation shall be duly licensed, as hereinafter provided, by the state board of charities, to place out destitute children. Nor shall any local officer charged with the relief of the poor, directly or indirectly, place out any child or children in a family not residing within this state, nor employ any person as agent, deputy or proxy to find homes for, or to place out children unless such person shall be licensed by the state board of charities to place out children, or be regularly employed to place out children by one of the institutions, societies or associations above exempted. (As amended by chapter 449 of the Laws of 1910.)

In Supreme Court, November, 1901, People es rel. Charles W. Spaulding v. The Board of Supervisors of Saratoga County, 66 App. Div. 117, the court said: “That such resolution empowered the superintendent of the poor to employ Maybee to assist him in finding homes for indigent children, which was one of his official duties.

" That the duty of placing children in the homes found by Maybee devolved upon the superintendent of the poor and not upon Maybee, and, therefore, that the fact that Maybee was not licensed by the State Board of Charities to 'place out' children, as required by section 2 of chapter 264 of the Laws of 1898, did not render the contract of employment invalid.” Decision affirmed, 170 N. Y. 93, but order based upon decision, modified.

$ 302. Issue of licenses; revocation. The state board of charities is hereby authorized to issue licenses to such persons or corporations as apply therefor, and, in the judgment of said board, are proper to place out children, empowering such licensees to place out destitute children. Any such license may be revoked by said board, in its discretion, on reasonable notice to such licensee and after affording such licensee an opportunity to be heard before said board. The reason for not granting any such license within six months after application has been made therefor, or for revoking a license, shall be entered in full in the minutes of said board. (As amended by chapter 258 of the Laws of 1909.)

8 303. Record to be kept. Any person or corporation who shall place out a destitute child shall keep and preserve a record of the full name and actual or apparent age of such child, the names and residence of its parents, so far as known, and the name and residence of the person or persons with whom such child is placed. If such person or corporation shall subsequently remove such child from the custody of the person or persons with whom it was placed, the fact of such rernoval and the disposition made of such child shall be entered upon such record. (As amended by chapter 258 of the Laws of 1909.)

§ 304. Visitation by state board of charities. The state board of charities, through any member, officer or duly authorized inspector of said board, is hereby authorized to visit, in his discretion, any child under the age of sixteen years, not legally adopted, placed out by any person or corporation mentioned in section three hundred and one of this article, or by any person licensed by said board to place out destitute children. (As amended by chapter 258 of the Laws of 1909.).

§ 305. Religious faith. In every case where practicable any child placed out shall be placed with individuals of like religious faith as the parents of the child. (As amended by chapter 258 of the Laws of 1909.)

§ 306. Order prohibiting placing out of children; notice; revocation. Whenever the state board of charities shall decide by the affirmative vote of a majority of its members that any person or corporation has placed out children for purposes of gain, or without due inquiry as to the character and reputation of the persons with whom such children are placed, and with the result that such children are subjected to cruel or improper treatment or neglect or immoral surroundings, the said board may issue an order prohibiting such person or corporation from thereafter placing out children. No such order shall be issued unless such person or corporation has had reasonable notice, with a copy of the charge, and an opportunity to be l:card before said board, and a full record of the proceedings and decision on such hearings shall be kept by said board. Any such order issued by said board may be revoked by said board. (As amended by chapter 258 of the Laws of 1909.)

$ 307. Certiorari to review decision. Any person or corporation who may feel aggrieved by the decision of the state board of charities in issuing any order pursuant to the provisions of section three hundred and six of this article, may apply to any judge of the supreme court in the judicial district in which such person resides, or in which the chief office of such corporation is situated, for a writ of certiorari, and upon the return of such writ the reasonableness of such decision shall be subject to review by the supreme court of this state. (As amended by chapter 258 of the Laws of 1909.)

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