Imágenes de páginas
PDF
EPUB

CHARITABLE SOCIETIES.

SEC. 149. [How formed.]-That three or more persons who may desire to become incorporated for any charitable purpose, may execute, under their hands, and acknowledge before some person within the state, authorized to take the acknowledgment of deeds, one or more duplicate articles of agreement as hereinafter specified, one copy whereof shall be filed and recorded in the office of the secretary of state. And a record shall be made of such articles, or of a certified copy thereof in the clerk's office of the county or counties in this state, in which the office of such association for the transaction of business may be located; and upon the execution and acknowledgment of such articles, the signers thereof, and those who may hereafter become associated with them, shall become a body politic and corporate, for the purposes set forth in said articles. Charitable societies within the meaning of this act, shall be construed to include only societies intended to assist those suffering from any disease, infirmity or necessity; Provided, however, That no person shall, by reason of membership in any such society, become entitled thereby to any special dividend or benefit out of the funds thereof, depending on such membership. [G. S. § 1, 209.]

SEC. 150. [Articles of association.]—The articles of association shall contain: First. The names of the persons associating in the first instance, and their places of residence. Second. The name of such corporation and the place where its office for the transaction of business is located, and the period for which it is incorporated, not exceeding thirty years. Third. The object for which it was organized, which shall be stated with convenient certainty and expressly. Fourth. The number of its trustees and regular officers, and the time and place of holding its annual meeting. Fifth. The terms and conditions of membership. [Id. § 2.]

SEC. 151. [Trustees.]-The affairs of such corporations shall be managed by not less than five, nor more than twenty trustees, to be chosen by the members thereof, and to hold office for one year and until their successors be chosen. And the regular officers thereof, except the treasurer and secretary, shall be chosen from such trustees. The officers may be chosen by the trustees or by the members of such corporation, as the articles shall prescribe. The by-laws of such corporation shall be adopted by the trustees, who may change them at their pleasure. All such trustees shall be citizens of the United States, and residents of the state of Nebraska. A majority of the trustees shall be a quorum to transact business. [Id. § 3.]

SEC. 152. [Real estate.]-No such corporation shall have power to take or hold any real estate, except such as may be necessary for any hospital or asylum under its control, or for the transaction of its business, for a longer period than ten years. [Id. § 4.]

SEC. 153. [Funds how invested.]—All the funds received by any such corporation shall be used in the first instance, or shall be invested, and the income thereof used (after paying the necessary expenses,) for the exclusive purpose set forth in the articles of association, and no portion thereof shall be used for any such purpose, except within this state, and no portion of the funds of any such corporation shall be used or contributed towards the erection, completion or furnishing of any building not owned or used by such corporation. Such corporation may take by gift, purchase, or devise, property to an amount not ex ceeding one hundred thousand dollars, and it shall be lawful to invest the same upon mortgage, or in, or by loan on railroad stocks or bonds, or any city, county, state or government securities; but no loan shall be made to any trustee or officer of such corporation; Provided, That any such corporation may, in its articles of agreement, specify the kind of securities in which its funds shall be invested, and that no part of its funds shall be invested in any other securities than those

SECS. 149-154. "An act for the incorporation of Charitable Societies." G. S. 209. Took effect Feb. 25, 1873.

named in its articles, or where the securities shall not be specified in the articles of agreement, then such funds shall only be invested in such securities as are specified in this act. [Id. § 5.]

SEC. 154. [Report of affairs.]-Any corporation formed under this act shall, whenever required by the attorney general, or by the legislature, report a full statement of its affairs under the oath of at least two of its trustees, and for any neglect to furnish such report when required, all of the trustees so neglecting shall be liable to a penalty of fifty dollars each, to be recovered by action of debt in the name of the people of Nebraska. [Id. § 6.]

ASSOCIATIONS OF PROFESSIONS.

SEC. 155. [How incorporated.]—All associations of members of the professions of law, medicine or divinity now existing, or which may hereafter be formed, may become incorporated and have all the powers, rights, duties and liabilities of corporations for the attainment of their respective objects, by filing in the office of the secretary of state a copy of their constitution and by-laws duly attested by their president or presiding officer and countersigned by their secretary. [1877 § 1, 119.]

SEC. 156. [Executive council.]-All such associations shall upon their organization elect an executive council of not less than three nor more than six persons, who, together with the president and secretary of such association, shall constitute the trustees or directors, and perform the duties and have the powers defined in sections forty-two and forty-four of chapter eleven entitled "Corporations." [Id. § 2.]

SEC. 157. [Seal.]-Such associations may have and use a seal with such devices as may be proper, and change the same at pleasure. [Id. § 3.]

CANALS.

SEC. 158. [Right of way, how acquired.]—Any corporation organized under the laws of this state for the purpose of constructing and operating canals for irrigating, or water-power purposes, or both, may acquire right of way over or upon any lands for the necessary construction of such canal, including dams, reservoirs, and all necessary adjuncts to said canal, in the same manner as railroad corporations may now acquire right of way for the construction of railroads, and the provisions of law applicable to acquiring right of way by railroad corporations are hereby declared to be applicable to corporations for the construction of canals for irrigation or water-power purposes, or both. [1877 § 1, 168.]

SEC. 159. [Works of internal improvement.]-Canals constructed for irrigating or water-power purposes, or both, are hereby declared to be works of internal improvement, and all laws applicable to works of internal improve-ment are hereby declared to be applicable to such canals. [Id. § 2.]

UNIVERSITIES.

SEC. 160. [How incorporated.]-Whenever any person or persons shall have become possessed of funds, securities and property of the value of one hundred thousand dollars or more, for the purpose of an institution of learning of the rank and grade of a college or university, it shall be competent for him or them to present to the judge of the district court of the county in which such institution is, or is proposed to be situated, a petition setting forth the fact, and such circumstances as may be pertinent, praying the appointment of one or more commissioners to examine into the truth thereof; and thereupon it shall be the duty of the said judge to appoint a commissioner or commissioners for the purpose aforesaid. The person or persons so appointed shall be, by said judge, sworn to

SECS. 155-157. "An act to enable associations of the learned professions to become bodies corporate." Laws 1877, 119. Took effect June 1, 1877. SEC. 158. "An act to enable corporations formed for the construction and operation of canals for irrigation and other purposes, to acquire right of way, and to declare such canals works of intercal improvement." Laws 1877, 168. Took effect June 1, 1877.

SEC. 160-2. "An act to provide for the incorporation of universities under certain circumstances." Laws 1879, 189. Took effect June 1, 1879.

full inquiry and true report make of the matters given to him or them in charge, and the said oath, duly subscribed by the parties and certified by the said judge, shall be filed in the office of the clerk of said county. The said commissioner or commissioners shall thereupon personally examine the property, funds and securities alleged to be set apart for the purpose aforesaid, and shall appraise the same and report the facts thus ascertained to the said judge. If, from the said report, it shall appear to the said judge that the sum of one hundred thousand dollars in property, funds, and securities of that value have been set apart for the purpose aforesaid, so as to be irrevocably and inviolably appropriate thereto, the said judge shall indorse the said report with an order approving the same, and directing that the same be filed in the office of the said county clerk, together with the petition aforesaid, and other papers presented to him in the same matter, which petition, report, order, and papers, shall be recorded by the said clerk in the book of incorporations to be kept in his office. [1879 § 1, 189.]

SEC. 161. [Trustees.]-Whereupon, the person or persons possessed of the said funds, securities, and properties, may, under his or their hands, appoint five or more persons to be trustees of the said institution who shall thereupon become a body politic and corporate under a name and style to be named, designated, and appointed for the purpose by the aforesaid person or persons in the said writing appointing the said trustees, which paper writing of appointment shall be filed and recorded in the book of incorporations in the office of the said county clerk, and the said trustees, under the name and style so named, designated, and appointed, may sue and be sued, plead and be impleaded in all courts of law and equity; have a common seal, and the same alter, break, and renew at pleasure, and hold all kinds of estate, real and personal, and mixed, which they may acquire by purchase, donation, devise, or otherwise necessary to accomplish the purpose of the corporation, and the same to dispose of and convey at pleasure. And a certified copy of the said paper writing, appointing said trustees, and naming, designating and appointing the name and style of such corporation, shall be prima facie evidence in all courts and before all officers, boards, commissioners and tribunals of the due incorporation of such body politic and corporate. [Id. § 2.]

SEC. 162. [Powers of trustees.]-The said board of trustees shall have power to fill all vacancies in their number, to make rules, regulations and by-laws for the government of their board and of the institution; to appoint a president, professors, tutors, and teachers, and any other necessary officers and agents, and fix the compensation of each; to erect within, and as departments of said institution, such schools and colleges of the arts and sciences and professions as to them may seem proper, and to confer such academic degrees and honors as are conferred by colleges and universities of the United States. [Id. § 3.]

CORPORATIONS FORMED BY SPECIAL ACTS.

SEC. 163. [Reorganization.]—The Nebraska university, an incorporation formed under a special act of the legislature of the territory of Nebraska, approved, July 25, 1858, and amended by an act approved, October 25, 1858, and all other incorporations formed under the special acts of the legislature of the territory of Nebraska, previous to the approval of the general incorporation law, may be and are hereby empowered through their trustees, to reorganize under the general incorporation law of this state. [1871 § 1, 106.]

SEC. 164. [Power of trustees.]-The trustees of any incorporation reorganized according to section one of this act, shall be, and are hereby empowered to act as successors of such former trustees, and to have and to hold, and to take legal possession of all franchises, rights, privileges and estates, of said special incorporation against all persons whatsoever, and for the interest and purposes of the original incorporation, and for no other purposes whatever. [Id. § 2.]

SEC. 163-4. "An act to provide for the reorganizing under the general law of incorporations, of all incorporations heretofore formed under special acts." Laws 1871, 106.

MASONS, ODD FELLOWS, GOOD TEMPLARS, GRAND ARMY OF THE REPUBLIC AND BOHEMIAN BENEVOLENT SOCIETIES.

SEC. 165. [Incorporation.]-All organizations known as subordinate lodges of the order of Ancient, Free and Accepted Masons, all organizations known as subordinate lodges of the Independent Order of Odd Fellows, all organizations known as Good Templars Lodges, which have been or may hereafter be regularly chartered by the respective grand lodges of the said several orders in the state of Nebraska, and also the organization known as the Grand Army of the Republic, Department of Nebraska, together with such posts of said Grand Army of the Republic within this state as have been or may hereafter be established and chartered by said department, and all organizations known as subordinate lodges of the order of Bohemian Benevolent Society C. S. P. S., as have been or may hereafter be established, be and they are hereby incorporated, and shall be hereafter entitled to all the privileges incident to bodies corporate, so long as they retain their respective organizations and charters aforesaid. [1885, chap. 30.]

SEC. 166. [Title and powers.]-All subordinate lodges of Masons, Odd Fellows and Good Templars and posts of the Grand Army of the Republic and Bohemian Benevolent Association, C. S. P. S. shall be known by the name and title designated in their several respective charters as issued by the said grand lodges and department, by which name they shall be capable of suing and being 'sued, pleading and being impleaded in the several courts of this state, the same as natural persons, and shall have power to hold and convey real estate and personal property and do any and all other things usually done by corporations. [Id.]

CHURCHES, PARISHES, AND RELIGIOUS SOCIETIES.

SEC. 167. [Incorporation.]-Churches, parishes, and societies of all religious bodies, sects, and denominations in this state, having a central governing body with spiritual jurisdiction extending over the whole state, or a part thereof, being more than six counties, may become incorporated by complying with the terms and provisions of this act. [1883, chap. XVII. Took effect June 1, 1883.] SEC. 168. [Organization.]-The chief or presiding or executive officer of the religious bodies, sects, and denominations mentioned in the first section of this act may, at such place in this state as he may appoint for the purpose, convene a meeting of himself and some other officer subordinate to himself, but having general jurisdiction throughout the state, or part of the state aforesaid, and the priest, minister, or clergyman of the proposed church, parish, or society, and at least two laymen resident within the limits thereof, of which meeting the said chief or presiding or executive officer shall be president, and one of the other persons present shall be secretary.

SEC. 169. [Articles of incorporation.]-The said five persons being so convened and organized as a meeting shall adopt articles of incorporation, which shall fix: 1. The name of the church, parish, or society, and the place of its location. 2. The amount of debts which it shall be competent to contract, beyond which amount the corporation have no power to contract debts binding at law or in equity upon it, its members, or its property. 3. The manner in which it may contract and become bound for debts, and may convey, encumber, or charge its property. 4. The manner in which the succession of the members of the said corporation shall be regulated, and vacancies in their number filled. 5. The time of the commencement and termination of the corporation. 6. By what officers its affairs may be conducted. Which articles being subscribed and acknowledged by the persons present at the meeting, and recorded in the office of the county clerk of the county where such church, parish, or society shall be located, whereupon such corporation shall be competent to transact all business in and by its corporate name.

SEC. 165-6. "An act incorporating subordinate lodges of Masons Odd Fellows and Good Templars and Posts of the Grand Army of the Republic, and Bohemian Benevolent Society C. S. P. S. in Nebraska."

SEC. 170. [Corporators.]-The persons attending said meeting shall be the corporators and members of the corporation until their places may be supplied by and under the provisions of the articles of incorporation.

SEC. 171. [Acts applicable.]-Corporations organized under the provisions of this act shall be subject to the laws of this state in respect of corporations which are applicable to them, save as herein expressly provided.

CHANGING NAME OF EDUCATIONAL INSTITUTIONS.

SEC. 172. [Power of trustees.]-That the trustees of any incorporated educational institution in this state shall have the power, by and with the consent of the body or association by which such trustees are elected, to change the name and grade of such institution; and thereupon all the property of such institution shall pass into the hands and control of the trustees of the succeeding institution, together with all the rights, privileges, immunities, and franchises belonging to the originally incorporated institution; and all official action taken by the trustees of such succeeding institution of altered grade shall be and are hereby declared legal and binding. [1885, chap. 25.]

SEC. 173. [Acts legalized.]--Any action heretofore taken by any educational institution in this state, of a nature similar to the provisions contained in section one of this act, is hereby legalized and declared valid and binding upon all persons whatsoever. [Id.]

FOREIGN SURETY COMPANIES.

SEC. 174. [Foreign companies.]-That any surety company, incorporated and organized under the laws of any state of the United States other than the state of Nebraska, for the purpose of transacting business as surety on obligations of persons or corporations, may transact such business in this state upon complying with the provisions of this act, and not otherwise. [1885, chap. 28.]

SEC. 175. [Conditions for transacting business.]-No surety company not incorporated under the authority of this state, shall directly or indirectly take risks or transact business in this state until it shall have first appointed, in writing, the auditor of public accounts of this state to be the true and lawful attorney of such company in and for this state, upon whom all lawful process in any action or proceeding against the company may be served with the same effect as if the company existed in this state. Said power of attorney shall stipulate and agree on the part of the company that any lawful process against the company which is served on said attorney shall be of the same legal force and validity as if served on the company, and that the authority shall continue in force so long as any liability remains outstanding against the company in this state. A certificate of such appointment, duly certified and authenticated, shall be filed in the office of the said auditor, and copies certified by him shall be received in evidence in all the courts of this state. Service upon such attorney shall be deemed sufficient service upon the company.

SEC. 176. [Duty of auditor.]-Whenever lawful process against a surety company shall be served upon the auditor of public accounts he shall forthwith forward a copy of the process served on him, by mail, postpaid, and directed to the secretary of the company. For each copy of process the auditor shall collect the sum of two dollars, which shall be paid by the plaintiff at the time of such service, the same to be recovered by him as part of the taxable costs, if he prevails in the suit.

SEC. 177. [Capital-Investments.]-No person shall act within this state as agent or otherwise in procuring or securing applications for suretyship upon

SECS. 172, 173. "An act authorizing the trustees of any educational institution in Nebraska to change the name and grade of such institution and legalizing the action of their official successors." SEC. 174-188. "An act to regulate the admission of Foreign Surety Companies to do business in this

State."

« AnteriorContinuar »