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Benevolent Orders Law (L. 1896, ch. 377), $ 8. eral rules and regulations or by-laws, elect a member thereof to represent it in such corporation. If the bodies uniting to form such corporation do not exceed thirty in number, then each representative so elected shall be a trustee of said corporation, and shall make and file in the office of the clerk of the county where such building is, or is to be located, a certificate of such election signed and acknowledged by the highest two officers of the body electing him, stating the time and place of the election, its regularity, the name of the trustee, and the name of the body from which he was elected. If the bodies uniting to form such corporation shall exceed thirty in number then the representatives elected as herein before provided, shall assemble annually at a time and place fixed by the constitution, by-laws, rules and regulations of the corporation, and shall elect from amongst themselves a president, vice-president, secretary and treasurer, each of whom shall be ex-officio trustees of the corporation, and not less than nine or more than twenty-four other trustees. In case only two bodies unite to form such corporation, the number of trustees to be elected from each body shall not be less than one or more than three, who shall be elected in the manner above prescribed and whose certificate of election shall be made and filed in the manner and form above prescribed. The trustees so elected shall make, acknowledge and file with the secretary of state, a certificate stating the name of the corporation to be formed, its purposes and objects, the names and places of residence of the trustees, the names of the bodies which they respectively represent, the names of the bodies uniting to form the corporation and their location, and the name of the town, village or city and the county where such building is, or is to be located; and thereupon the several bodies so uniting shall be a corporation for the purposes specified in such certificate. (Amended by L. 1898, ch. 46, L. 1898, ch. 464, L. 1902, ch. 390, L. 1903, ch. 283, and L. 1904, ch. 143, in effect March 28, 1904.)
$ 8. Trustees. The persons executing such certificate and named therein, shall be the board of trustees of such corporation. If but two bodies unite to form such corporation, its by-laws may prescribe the terms of office of the trustees. If more than two bodies so unite, the trustees shall divide themselves by lot into three classes, not including, however, the president, vicepresident, secretary and treasçirer, if such officers shall have been elected as provided in section seven hereof, who shall be one year
Benevolent Orders Law (L. 1896, ch. 377), $ 8.
trustees, so that the term of office of the first class shall expire in one year; the term of office of the second class, in two years; and the term of office of the third class in three years, provided, however, that no trustee shall continue as such after he has ceased to be a representative. On a vacancy occuring in the office of a trustee of such corporation, the body which he represented shall fill such vacancy, provided the bodies uniting to form such corporation do not exceed thirty in number, and the person so chosen shall hold office for three years, if chosen on the expiration of the term of his predecessor, and otherwise, until the expiration of the original term. But if the bodies uniting to form such corporation exceed thirty in number, then any vacancy occurring by reason of the expiration of a term or by failure of any trustee to be re-elected as a representative, shall be filled for three years or for the balance of the unexpired term as the case may be, by the representatives in annual session; and any vacancy occurring otherwise than as above specified, shall be filled until the next annual meeting of the representatives by the body that has lost representation by reason of the vacancy, when it shall be filled by said representatives for the remainder of the unexpired term. If the bodies uniting to form such corporation exceed thirty in number, then the representatives, but if less than thirty in number then the board of trustees, may admit or prescribe rules and regulations for the admission as members of such corporation or other bodies chartered or instituted by the same general governing body as any of the bodies named in such certificate, or by any superior or higher jurisdiction or governing body of the order to which any such bodies belong, and may prescribe rules and regulations for the withdrawal, expulsion or suspension of any body or bodies having membership in such corporation when the representatives of such corporation exceed thirty in number. Where the bodies uniting to form such corporation do not exceed thirty in number, the board of trustees shall fix the term of office of such trustees elected to represent new members of such corporation at one, two or three years, and shall so apportion such new trustees that as nearly as possible the terms of office of one-third of the trustees of such corporation shall expire annually. Where the organization so united are trades unions, trades assemblies, trades associations, or labor organizations, the board of trustees may, from time to time, admit as members of such corporation and of such board of trustees the representatives of any other labor or trades organization Benevolent Orders Law (L. 1896, ch. 377), & 9. or association whether or not the same be chartered or instituted by the same general governing body as any of the bodies named in such certificate, or by any superior or higher jurisdiction or governing body of the order to which such bodies belong. The board of trustees admitting such members shall file in the county clerk's office a certificate showing such action, and the terms of the representatives so admitted shall be fixed as above provided in the case of other organizations. Every corporation formed under this chapter must file annually immediately after its annual meeting, in the clerk's office of the county where such building is or is to be located, a certificate giving the names and addresses of the principal officers of the corporation, and the names and addresses of the members of the board of trustees, and the names and location of all bodies admitted to or withdrawn or expelled from membership since the filing of the last preceding certificate. (Amended by L. 1898, ch. 589, and L. 1904, ch. 143, in effect March 28, 1904.)
$ 9. Powers.— Such corporation may acquire real property in the town, village or city in which such hall, home, temple or building is or is to be located, and erect such building or buildings thereupon for the uses and purposes of the corporation, as the trustees may deem necessary, or repair, rebuild or reconstruct any building or buildings that may be thereupon and furnish and complete such rooms therein as may appear necessary for the use of such bodies or for any other purpose for which the corporation is formed; and may rent to other persons any room in such building or any portion of such real property. Until such real property shall be acquired or such building erected or made ready for use, the corporation may rent and release such rooms or apartments in such town, village or city as inay be suitable or convenient for the use of the bodies mentioned in such certificate, or of such other bodies as may desire to use them, and the board of trustees may determine the terms and conditions on which rooms and apartments in such building or buildings, when erected, or which may be leased, shall be used and occupied. Before such corporation composed of not more than thirty bodies shall purchase or sell any real property, or erect or repair any building or buildings thereupon, and before it shall purchase any building or part of a building for the use of a corporation, it shall submit to the bodies constituting the corporation, the Benevolent Orders Law (L. 1896, ch. 377), $ 10a. proposition to make such sale or purchase, or to erect or repair any such building or buildings, or to rent any building or part thereof, for the use of the corporation; and unless such proposition receives the approval of two-thirds of the bodies constituting the corporation, such proposition shall not be carried into effect. The evidence of the approval of such proposition by any such body shall be a certificate to that effect signed by the presiding officer and secretary of the body, or the officers discharging duties corresponding to those of the presiding officer and secretary, under the seal of such body. But where land is purchased for the purpose of erecting a hall, home or temple thereon the buildings upon such land at the time of such purchase, may be sold by the trustees without such consent." The powers of the board of trustees of every corporation created hereunder and composed of more than thirty bodies, respecting sales, purchases and repairs, shall be fixed by the by-laws adopted by the representatives of the various bodies composing such corporation, or shall be determined by such representatives when assembled in annual session. Every corporation created hereunder shall have power to enforce, at law or in equity, any legal contract which it may make with any of the bodies composing it respecting the care and maintenance of members or other dependents of such body, the same as if such body or bodies were not members of the corporation. Any corporation created hereunder shall have power to take and hold real and personal estate by purchase, gift, devise or bequest subject to the provisions of law relating to devises and bequests by last will and testament or otherwise. (Amended by L. 1902, ch. 253, and L. 1904, ch. 143, in effect March 28, 1904.)
$ 10-a. Reincorporation.- A corporation heretofore organized, the members whereof represent lodges or bodies in any of the benevolent or fraternal orders mentioned or described in section seven hereof, may by a two-thirds vote of all its members present and voting at a regular or regularly called meeting thereof, proceed to reincorporate under this chapter with the same name and for the same purposes for which it was originally organized. In thus proceeding to reincorporate, the board of trustees or directors may be increased or diminished within the limits prescribed by section seven hereof, but any decrease in such membership shall not take effect so as to affect the term of office of any trustee or director of the old corporation. Such trustees or directors
Sidepaths (L. 1899, ch. 152), S 9. and the other officers of the old corporation shall continue to serve as such under the reorganized corporation for the term for which they were originally elected or appointed. Such reorganization shall not affect* a dissolution of the corporation, but shall be cleemed a continuation of its corporate existence without affecting its property rights, or its liabilities, or the liabilities of its members or officers as such; but thereafter it shall have only such other rights, powers and privileges and be subject only to such other duties and liabilities as a corporation created for the same purpose under this chapter. (Inserted by L. 1904, ch. 143, in effect March 28, 1904.)
See Prisons; Identification of Criminals.
BETTING AND GAMING. Complete immunity of gambling witnesses. See Penal Code, s 342, as amended by L. 1904, ch. 649.
(1) Sidepaths. L. 1899, ch. 152. An act in relation to use of bicycles on sidepaths, etc. (C. & G. Gen. Laws, p. 406.)
Constitutionality.- Chapter 152 of the Laws of 1899, as amended by chapter 640 of the Laws of 1900, providing for the appointment of sidepath commissioners and the construction, maintenance, etc., of sidepaths on public highways, does not impose any additional burden upon the use of the highway and is not unconstitutional as against an owner of land abutting on the highway as being an appropriation of his property without due process of law and for a public use without just compensation. Ryan v. Preston, 59 App. Div. 97; 69 N. Y. Supp. 100.
The consent of the abutting owners to the construction of a bicycle side path is only necessary when the sidepath is constructed within the lines of the sidewalk. O'Donnell v. Preston, 74 App. Div. 86, 77 N. Y. Supp. 305.
L. 1899, ch. 152, $ 9, as amended by L. 1900, ch. 640, amended by L. 1904, ch. 342, in effect June 1, 1904, as follows: § 9. Control of sidepaths. The sidepaths heretofore con
*So in original.