An Act to amend Section 610 of the Revised Statutes of 1913 relating to the corporations, and to repeal said original section. Be it Enacted by the People of the State of Nebraska: Section 1. Amendment. That Section 610 of the Revised Statutes for 1913 be amended to read as follows: 610 Sec. 62. Incorporation of secret societies-act as administrator. All state, grand, supreme, or national, secret, fraternal, benevolent or charitable orders, lodges, organizations, societies or other bodies issuing charters, to and having subordinate or auxiliary orders, lodges, organizations, societies, or other bodies within this state which may have been heretofore or may hereafter be regularly established and chartered therefrom, or thereby, including the following: The Grand Lodge Ancient Free and Accepted Masons; Eastern Star; The Grand Lodge Independent Order of Odd Fellows; The Grand Encampment I. O. O. F.; The Rebekah State Assembly, I. O. O. F.; The department Council Patriarch Militant, I. O. O. F.; The Farmers' Alliance; Knights of Labor; The Grand Lodge Knights of Pythias of Nebraska; Pythian Sisterhood; Nebraska State Grange; Good Templars; Grand Army of the Republic; Women's Relief Corps, Department of Nebraska; The Benevolent and Protective Order of Elks of the United States of America; The Western Bohemian Fraternal Association Z. C. B. J.; The Bohemian Ladies' Society, J. C. D.; The Bohemian Benevolent Society, C. S. P. S.; The Bohemian Roman Catholic Benevolent Society, C. R. K. J. P. of Nebraska; The Woman's Christian Temperance Union; The Brotherhood of St. Andrews; The Improved Order of Red Men's League (an adoptive degree of the Improved Order of Red Men); Degree of Pocahontas; The Great Council of Nebraska Order of Red Men; The Grand Lodge Fraternal Order of Eagles; The Knights of Columbus; The Modern Woodmen of America; The Woodmen of the World; The Ancient Order of United Workmen; The American Order of Protection; Sons of Herman; together with each and every subordinate or auxiliary lodge, encampment, tribe, company, council, post, corps, department, union, society, or other designated organization or body 70 within this state, under its properly designated or chartered. name as has heretofore been, or may hereafter be established and chartered within or for Nebraska, by its respective state, grand, supreme, or national or other governing body, and working under a charter or charters from its respective state, grand, supreme, or national or other governing body, be and the same are hereby made and declared corporations within this state under the name and title designated in their respective charters, by which name they shall be capable of suing, and being sued, of pleading and being impleaded in the several courts of this state, the same as natural persons. And each of said organizations, lodges or societies, shall have the power to receive bequests of real and personal property, to hold and convey both real and personal property, to lease property for the purposes of its organization, to mortgage its property, and to do all other things usually done by corporations for the purpose for which organized. Provided, in order to own, hold, and convey real estate each organization hereinbefore mentioned shall file with the secretary of state, for itself, a certified copy of the charter of the state organization, if there be one, or if there be no state. organization, then of the supreme or national organization, duly certified as a true copy thereof by the secretary or other like officer of such state organization or supreme or national organization, as the case may be, under the official seal thereof. And each of the subordinate organizations mentioned herein and working under a charter from a state, supreme, or national organization shall, for itself, file with the clerk of the county. in which such subordinate organization is located, a copy of the charter under which it is working, duly certified as a true. copy thereof, by the secretary or other like officer thereof under the official seal thereof, and such societies shall be thereafter entitled to all the privileges and rights incident to bodies corporate so long as they retain their respective organizations and charters aforesaid. Provided, when any such organization shall have established in this state an institution for the care of children or persons who are incapacitated in any manner and such institution shall have been incorporated under the laws of Nebraska, such corporation shall have power to act either by itself. or jointly with any natural person or persons as administrator of the estate of any deceased person whose domicile was within the county in which the corporation is located or whose domicile is outside of the state of Nebraska, or as executor under last Ch. 12) Cemeteries-Real Estate 71 will and testament, or as guardian, curator or conservator of the property of any infant, insane person, idiot, or person under any other disability, or as trustee for any person or of the estate of any deceased person under the appointment of any court of record having jurisdiction of the estate of such person. Sec. 2. Repeal. That said original Section 610, Revised Statutes for 1913, is hereby repealed. Approved, April 25, 1917. CHAPTER 12. (House Roll No. 126.) [Introduced by Mr. Lampert.] AN ACT to amend Section 683, Revised Statutes of 1913, relating to Cemetery Associations, and to repeal said original section. Be it Enacted by the People of the State of Nebraska: Section 1. Amendment.-That Section 683, Revised Statutes of 1913, is hereby amended to read as follows: 683 Sec. 135. Cemetery association-sale of real estate.— Such association shall have the power and be authorized to purchase or take by gift, devise or by exercising the power of eminent domain, as hereinafter provided, and hold lands and improvements thereon, exempt from execution or from any appropriation of public purchasers, for the sole purpose of a cemetery, not exceeding three hundred and sixty acres, which shall be exempt from taxation if used exclusively for cemetery 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, chapel, crematory, mausoleum or other structures as may be deemed 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 purchas ing, laying out, inclosing and embellishing the grounds and avenues and erecting buildings, vaults, chapel, crematory, mausoleum, and other structures, for which a debt or debts may be contracted, not exceeding eighty-five 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, crypts, niches, and other places for the disposal of the dead. Such association shall be authorized to receive as trustee moneys 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, crypts, niches, 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, burial lots, crypts, niches or other places for the disposal of the dead, for the perpetual care thereof: Provided, whenever it shall become necessary or proper to establish or enlarge the boundaries of any cemetery located outside of the corporate limits of any city, either to provide room for the suitable burial of the dead or for any other proper purpose connected with such cemetery, the trustees of such cemetery may petition to the county board of supervisors of the county where such cemetery is situated, setting forth the public necessity for the use of such cemetery or additional land for a burial place of the dead, the amount of land required therefor and the name of the owner or owners of the land sought to be taken, and any facts necessary or proper to be considered by said board. Whereupon the board shall cause such owner or owners to be notified of the filing of said petition and thereupon the board shall, upon actual view of the premises, determine whether such cemetery or addition is a public necessity, and if they so find and determine, they shall forthwith further determine the value of said land so taken or appropriated for such purpose and fix the date for the payment of the value of said land, and upon payment of the same to the county clerk of the county for the benefit of the owner or owners of said land or lands appropriated, such land or lands shall thereafter be a part of such cemetery: Provided further, the owner of land may appeal from the value fixed by the board to the dis Ch. 12, 13) Cemeteries-Trust Companies 73 trict court of such county by complying with the law with reference to appeals from the county board in the matter of claims against the county: Provided further, no land shall be thus taken by eminent domain either for the location of or addition to any cemetery which shall be within one mile of the limits of any city: Provided further, whenever a cemetery association organized in the state has been in existence twenty years or more and has within its burial ground one hundred or more persons interred, and lands adjoining said cemetery ground are within corporate limits of a city or village but are used for agricultural and pasturage purposes, condemnation proceedings may be maintained against such lands as provided in this section. Sec. 2. Repeal. That said original Section 683, Revised Statutes of 1913, is hereby repealed. Approved, April 11, 1917. CHAPTER 13. (House Roll No. 31.) [Introduced by Mr. Ollis.] AN ACT to amend paragraph eight of Section 743, Revised Statutes of 1913, relating to trust companies, to provide for the investment of funds of such companies in bonds of the Federal Land Bank, organized under act of Congress of June 28, 1916, to repeal said original paragraph and to declare an emergency. Be it Enacted by the People of the State of Nebraska: Section 1. Amendment. That paragraph eight of Section 743, Revised Statutes of 1913, is hereby amended to read as follows: Eight-to buy, own, hold and sell government, state, county, and municipal bonds, and stocks, warrants, bills of exchange, notes, mortgages, and other investment securities, negotiable and non-negotiable. But it shall be unlawful for any corporation organized under this article to buy or own the bonds. of any corporation, (other than municipal) or company, the in |
