4161. Incorporation of secret societies. All organizations known as subordinate lodges of the Ancient Free and Accepted Masons, all organizations known as subordinate lodges of the Independent Order of Odd Fellows, and Farmers' Alliance, and Knights of Labor, and also the organization known as the grand lodge Knights of Pythias of Nebraska, together with such subordinate lodges of said grand lodge Knights of Pythias of Nebraska, within this state, as have been or may hereafter be established and chartered by said grand lodge, all organizations known as the subordinate granges to the Nebraska State Grange, all organizations known as Good Templars, which have been or may hereafter be regularly chartered by the respective grand lodges or bodies of the several orders of organizations in the state of Nebraska, and also the organization known as the Grand Army of the Republic, and woman's relief corps, Department of Nebraska, together with such posts of said. Grand Army of the Republic and Woman's Relief Corps, 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 Benevolent and Protective Order of Elks of the United States of America as may have been or may hereafter be organized and chartered in the state of Nebraska by the Grand Lodge of said Order, and all organizations known as subordinate lodges of the order of Bohemian Benevolent Society, C. S. P. S., and the Bohemian Roman Catholic Benevolent Society, C. R. K. P. J. of Nebraska, and the auxiliary societies of the Woman's Christian Temperance Union, the Brotherhood of St. Andrew's, as have been or may hereafter be established. The improved order of Red Men's League an adaptive degree of the improved order of Red Men, degree of Pocahontas, the Great Council of Nebraska, order of Red Men, and all subordinate tribes, companies and councils as has been or may hereafter be established by the Grand Lodge, departments or organizations, by which name they shall be capable of suing or being sued, pleading and being impleaded, in the several courts of this state the same as natural persons and shall have power to lease by mortgage, hold and convey real estate and personal property, and do all other things usually done by corporations provided, that in order to own hold and convey real estate, the organizations hereinbefore mentioned must first file with the secretary of state a certified copy of the charter of the state organization and the subordinate organizations, record with the clerk of the county in which said subordinate organization is located, the charter of said organization, be and they are hereby incorporated, and shall be hereafter entitled to all the privileges and rights incident to bodies corporate so long as they retain their respective organizations and charters aforesaid provided that nothing contained in this act shall apply to Masonic Bodies, known as Ancient and Accepted Scottish Rite. of Free Masonry. History. Amended 1905, H. R. 30; in force July 1. 4162. Charter name proper name of incorporation. All subordinate lodges of Masons, Odd Fellows, Knights of Pythias, Good Templars, and Benevolent and Protective Order of Elks of the United States of America, and all subordinate granges, the Farmers' Alliance, and Knights of Labor, all posts of the Grand Army of the Republic, and Bohemian Benevolent Association C. S. P. S., the Bohemian Roman Catholic Benevolent Society C. R. K. P. J., and Woman's Christian Temperance Union, the Brotherhood of St. Andrew's shall be known by the name and title designated in their several respective charters, as issued by the said grand lodges, department, or organization, 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 all things usually done by corporations. History. Order of Elks inserted 1905, H. R. 30; in force July 1. 4219. County associations-How incorporated. It shall be lawful for any number of persons, not less than five, who are residents of the County in which they desire to form themselves into an association, to form themselves into a cemetery association, and to elect any number of their members, not less than three, to serve as trustees, and one member as clerk, who shall continue in office during the pleasure of the society; all such elections shall take place at a meeting of four or more members of such association by a majority vote of those present; provided, a notice for such meeting shall have been published in a local newspaper, or posted in three public places within the precinct or township, at least fifteen days prior to said meeting. History.-Amended 1905, S. F. 254; in force July 1. 4223. Purpose of holding real estate-Debts. Such association shall be authorized to purchase or take, by gift or devise, and hold lands exempt from execution and from any appropriation to public purchasers, for the sole purpose of a cemetery, not exceeding three hundred and twenty (320) acres, which shall be exempt from taxation if used exclusively for burial purposes, and in no wise with a view to profit. After paying for such land, all the future receipts and income of such association, whether from the sale of lots, from donations, or otherwise, shall be applied exclusively to laying out, protecting, preserving and embellishing the cemetery and the avenues leading thereto, and to the erection of such building or buildings, vault or vaults, as may be necessary for the cemetery purposes, and to paying the necessary expenses of the association. No debts shall be contracted in the anticipation of future receipts except for originally purchasing, laying out, inclosing and embellishing the grounds and avenues and erecting buildings and vaults for which a debt or debts may be contracted, not exceeding thirty-five ($35,000) thousand dollars in the whole, to be paid out of future receipts; and such association shall have power to adopt such rules and regulations as they deem expedient for disposing of and conveying burial lots.* Such association shall be authorized to receive as trustee monies and other personal property, and real estate and interests therein transferred or conveyed to it in trust for the purpose of providing for the care, embellishment or decoration of burial lots, graves, tombs, vaults, tombstones and other monuments and decorations, and shall have power to administer such trust and to invest and perpetuate such trust funds, under such terms and conditions as may be prescribed by the by-laws of such association, and shall have power to enter into contracts with the owners of such graves, vaults or burial lots for the perpetual care thereof. History. Amended and all after* added 1905, H. R. 27; in force July 1. The county of Dakota shall for all purposes be composed of the territory contained within the following boundaries, towit: Commencing at the most westerly point where the township line between townships twenty-nine, and thirty, north, intersects the state boundary line; thence west along said line to the northwest corner of section three, in township twenty nine north, of range six, east; thence south by section lines to the north line of the old Winnebago Indian reservation, now, the north line of Thurston county; thence east along the north line of said Indian reservation, and the north line of Thurston county, to the state boundary line in the channel of the Missouri river; thence northerly along said state boundary line to the point where said boundary line is intersected by the east boundary line of the State of South Dakota; thence westerly along the middle of the main channel of the Missouri River as agreed upon as the boundary line between the States of Nebraska, and South Dakota by the Boundary Commissions of said States provided for by the Legislatures thereof during the sessions of 1903, and as shown by the reports of said Commissions now on file, and approved by the Legislatures of 1905, to the place of beginning, excluding from said county of Dakota, all that territory formerly within said county, which by said Commissioners and their said report is given to the State of South Dakota, and specially including within Dakota County all the territory which was formerly South Dakota, which by said Commissioners and their said report is given to the State of Nebraska. History. Amended 1905, S. F. 197; in force March 30. Whenever the inhabitants of any county are desirous of changing their county seat, and upon petitions therefor being presented to the county commissioners, signed by resident electors of said county, equal in number to three fifths of all the votes cast in said county at the last general election held therein, and containing in addition to the names of the petitioners, the section, township, and range on which, or town or city in which the petitioners reside, with their age and time of residence in the county, it shall be the duty of such board of commissioners to forthwith call a special election in said county for the purpose of submitting to the qualified electors thereof the question of the relocation of the county seat. †Provided, that in case any county seat has been located and retained for a period of ten successive years, prior to the passage and approval of this act, in any one place, the said place shall become and remain the permanent county seat of such county, unless such petition be signed by such electors equal in number to three-fourths of all the votes cast in said county at the last general election held therein. Notice of the time and place of holding said election shall be given in the same manner, and said election shall be conducted in all respects the same as is provided by law relating to general elections for county purposes. The electors at said election shall designate on their ballots which city, town or place they desire said county seat located at or in, and any place receiving three-fifths of all the votes cast shall become and remain from and after the first day of the third month next succeeding such election, the county seat of said county,* Provided, that in case any county seat has been located and retained for a period of ten successive years, prior to the passage and approval of this act, in any one place, it shall not be removed unless some other place shall receive three-fourths of all the votes cast at said special election. History.to † inserted and all after * added 1905, S. F. 255; in force April 4. The County Boards of the several counties shall have power: First:-To take and have the care and custody of all the real and personal estate owned by the county. Second-To manage the county funds and county business, except as otherwise specifically provided. Third-To make all orders respecting the property of the county, to keep the county buildings insured, to sell the public grounds or buildings of the county, and purchase other property in lieu thereof; Provided, That said county boards may, if they deem it for the best interests of the county, to sell county property upon such terms of credit as shall by resolution of said county boards be determined upon; Provided, further, That such deferred payments shall be for not more than two-thirds of the purchase price, the same to be secured by note or notes, and a first mortgage upon the property so sold, said deferred payments to draw not less than six (6) per cent interest per annum from date until paid, said interest to be paid annually. Said county boards shall also have the power to sell or negotiate, without recourse upon the county, said notes and mortgage so by them taken, provided the same shall not be sold for less than par value, including accrued interest. Fourth-To lay out, alter or discontinue any road running through their county,* and for such purpose may acquire title to lands therein, either by gift, prescription, dedication, the exercise of the right of eminent domain, purchase or lease,* and may perform such duties concerning roads as may be prescribed by law. Fifth-To examine and settle all accounts against the county, and all accounts concerning the receipts and expenditures of the county. Sixth-To authorize the vacation of any city or village plat when the same is not within an incorporated city or village, on the petition of two-thirds of the owners thereof. Seventh-To change the name of any city or village plat on the petition of a majority of the legal voters residing therein when the inhabitants thereof have not become a body corporate. History.-*to* inserted 1905, H. R. 279; in force March 30. 4443 12. The county board has no authority to issue court house bonds to the extent of $1,500 without vote of the people. Opinions Atty. Genl. 1902-3, 226. 13. This forbids levy in excess of the estimate, and the county board and sureties are liable for such excess. Opinions Atty. Genl. 1902-3, 39. 4446 6. County bonds issued in part to fund a floating indebtedness are void unless the proposition voted upon adopts the amount of tax levied to meet the liabilities incurred. Opinions Atty. Genl. 19023, 173, 185. 4455 40. The county board has no power to contract indebtedness in excess of the taxes actually levied for the current year. Opinions Atty. Genl. 1902-3, 36. 41. When the law commits to any officer the duty of looking into facts and acting upon them, not in a way which it specifically directs, but after a discretion in its nature judicial, the function is quasi judicial. County boards act quasi judicially in passing upon claims against the county when their action is not merely a formal prerequisite to the issuance of the warrant, but involves the exercise of judg ment in fixing the amount. They have no judicial power as to interpretation of the law. When the amount is fixed by law, and they have no discretion, they act ministerially only. Mitchell v. Clay Co., Neb. -; 96 N. W. R. 673; Neb. 98 N. W. R. 662. Smith v. Clay Co., Unoff. ; 96 N. W. R. 1002; 99 N. W. R. 501. Crouch v. Pyle, Neb. -; 96 N. W. R. 1049. 42. In allowing salaries fixed by statute a board of county commissioners act ministerially. Otoe County v. Stroble, - Unoff. -; 98 N. W. R. 1065. Unoff. warrant legally drawn on the county treas- 45. There is no warrant of law for an allowance of extra salary to the chairman of a board of county commissioners. Otoe County v. Stroble, Unoff.; 98 N. W. R. 1065. 46. Where an appellant takes all the necessary steps to perfect his appeal, the mere fact that the clerk of the county, who is also clerk of the district court, approves the bond as district clerk will not defeat the appeal. Hitchcock County v. Brown, Neb. -; 102 N. W. R. 456. 4456 4463 4. In settling with a county officer the county board acts ministerially. In so far as they have allowed such officer to retain a greater compensation than that fixed by law their action is void, and such excess may be recovered from such officer. Maurer v. Gage County, Neb. -; 100 N. W. R. 1026. |