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Code of Civil Procedure 746, last sentence. Code of Civil Procedure 752, last sentence.

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BENEVOLENT ORDERS LAW

Laws 1909, Chap. 11.

AN ACT relating to benevolent orders, constituting chapter three

of the consolidated laws.

Became a law, February 17, 1909, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CHAPTER 3 OF THE CONSOLIDATED LAWS

BENEVOLENT ORDERS LAW
Article 1. Short title ($ 1).

2. General provisions (SS 2–11).
3. Laws repealed; when to take effect (S$ 20, 21).

ARTICLE 1

Short Title

Section 1. Short title.

§ 1. Short title. This chapter shall be known as the Benevolent Orders Law.

ARTICLE 2

General Provisions

Section

2. Organization.
3. Powers.
4. Terms of trustees.
5. Powers of trustees.
6. Reorganization.
7. Joint corporations.
8. Trustees.
9. Powers of joint corporations.
10. Mortgaging property.
11. Reincorporation of joint corporations.

§ 2. Organization. Either of the following orders:

1. A lodge of Free and Accepted Masons duly chartered by and installed according to the general rules and regulations of the Grand Lodge of Free and Accepted Masons of the State of New York;

2. A chapter of Royal Arch Masons duly chartered by and installed according to the general rules and regulations of the Grand Chapter of Royal Arch Masons of the state of New York;

3. A council of Royal and Select Masons duly chartered by and installed according to the general rules and regulations of the Grand Council of Royal and Select Masters of the state of New York;

commandery of Knights Templar duly chartered by and instituted according to the general rules and regulations of the Grand Commandery of the state of New York;

5. A consistory, chapter, council or lodge duly chartered by and instituted according to the general rules and regulations of the Supreme Council of the Ancient and Accepted Scottish Rite for the Northern jurisdiction of the United States;

6. A lodge of Odd Fellows, duly chartered by and installed according to the general rules and regulations of the Grand Lodge of the Independent Order of Odd Fellows of the state of New York;

7. A temple of Nobles of the Mystic Shrine duly chartered by and instituted according to the general rules and regulations of the Imperial Council of the Ancient Arabic Order of the Nobles of the Mystic Shrine for the United States of America;

8. A lodge of the Knights of Pythias, duly chartered by and installed according to the general rules and regulations of the Grand Lodge of the Knights of Pythias of the state of New York;

9. A post of the Grand Army of the Republic, chartered and installed according to the regulations of that organization;

10. Any lodge of the Benevolent and Protective Order of Elks duly chartered by and installed according to the regulations of that organization;

11. Any subordinate lodge, tribe or other body of any benevolent or fraternal order or society incorporated under and pursuant to the laws of this state;

12. A council of the Knights of Columbus chartered and instituted by the National Council of the Knights of Columbus, pursuant to the constitution and laws of said order;

16. Any high court, subordinate court, or companion court of the Independent Order of Foresters chartered and instituted by the Supreme Court of the Independent Order of Foresters pursuant to the constitution and laws of said order;

14. A tribe of the Improved Order of Red Men, duly chartered by and instituted according to the general rules and regulations of the Great Council of the Improved Order of Red Men of the state of New York;

15. The Supreme Council of the Mystic Order of Veiled Prophets of the Enchanted Realm, or a subordinate grotto duly chartered by and instituted according to the general rules and regulations of said supreme council;

16. Any subordinate lodge of the Order of American True Ivorites chartered and instituted in accordance with the regulations of the Grand lodge of the Order of American True Ivorites;

17. Any subordinate arie of the Fraternal Order of Eagles chartered and instituted in accordance with the regulations of the grand arie of the Fraternal Order of Eagles;

18. Any subordinate council of the Junior Order of United American Mechanics under the jurisdiction of the national council of such order. (Subd. 18 added by L. 1909, ch. 420, in effect May 21, 1909.)

May elect at any regular communication, convocation, encampment or other regular meeting thereof, by whatever name known, held in accordance with the constitution and general rules and regulations of such grand lodge, chapter, commandery or council, or other governing body to which it belongs, or with which it is connected, and in conformity to its own by-laws, if it has any, three trustees for such lodge, chapter, commandery, consistory, council, temple, post, court, tribe, grotto or ærie, who shall be members thereof in full membership and in good and regular standing therein; and may file in the office of the secretary of state, a certificate of such election, signed and acknowledged by the first three elective officers of such lodge, chapter, commandery, consistory, council, temple, post, court, tribe, grotto or ærie, stating the time and place of such election and that the same was regular, the names of such trustees, and the term, severally, for which they are elected to serve, and the name of the lodge, chapter, commandery, consistory, council, temple, post, court, tribe, grotto or ærie, for which they are elected. (Thus amended by L. 1909, ch. 240, $ 4, in effect April 22, 1909.)

Amendment of 1909 inserted the word temple " in next to last line of final paragraph.

8 3. Powers. Such trustees may take, hold and convey by and under the direction of such lodge, chapter, commandery, consistory, council, temple or post, all the temporalities and property belonging thereto, whether real or personal, and whether given, granted or devised directly to it or to any person or persons for it, or in trust for its use and benefit, and may sue for and recover, hold and enjoy all the debts, demands, rights and privileges, and all buildings and places of assemblage, with the appurtenances, and all other estate and property belonging to it in whatsoever manner the same may have been acquired, or in whose name soever the same may be held, as fully as if the right and title thereto had been originally vested in them; and may purchase and hold for the purpose of the lodge, chapter, commandery, consistory, council, temple or post other real and personal property, and demise, lease and improve the same. They may also issue their bonds or other evidences of indebtedness in such amounts and for such time and in such form as they shall determine for the exclusive purpose of raising money to pay for any real estate purchased and held by them, and for the improvement of the same, as hereinabove provided, and may mortgage such real estate for the purpose of securing the bonds or other evidences of indebtedness so issued by them. The proceeds of such bonds or other evidences of indebtedness shall be applied exclusively to pay for such real estate and the improvement thereof. Every such lodge, chapter, commandery, consistory, council, temple or post may make rules and regulations, not inconsistent with the laws of this state, or with the constitution or general rules or laws of the grand lodge or other governing body to which it is subordinate, for managing the temporal affairs thereof, and for the disposition of its property and other temporal concerns and revenue belonging to it, and the secretary and treasurer thereof, duly elected and installed according to its constitution and general regulations and law, shall, for the time being, be ex officio its secretary and treasurer. No board of trustees for any lodge, chapter, commandery, consistory, council, temple or post filing the certificate aforesaid, shall be deemed to be dissolved for any neglect or omission to elect a trustee annually, or fill any vacancy or vacancies that may occur or exist at any time in said board, but it shall and may be lawful for said lodge, chapter, commandery, consistory, council, temple or post to fill such vacancy or vacancies at any regular communication thereafter to be held, and till a vacancy arising from the expiration of the term of office of a trustee is filled, as afore said, he shall continue to hold the said office and perform the duties thereof.

§ 4. Terms of trustees. The persons first elected trustees of such lodge, chapter, commandery, consistory, council, temple or post, if a lodge of Free and Accepted Masons, or a chapter of Royal Arch Masons, shall be divided by lot by the officer making the certificate of election, so that the term of one shall expire on the day of the festival of Saint John the Evangelist,

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