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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 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[d] thereto, the said judge shall endorse 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.

685. 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.

686. 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. *And to borrow from time to time, for the purpose of paying indebtedness such sum or sums of money as they may see fit, and to secure such loan or loans by mortgage or trust deed executed by their president and secretary, upon their college or university buildings and grounds, and otherwise as they shall deem expedient; Provided, That, if such institution has stockholders, the said board of trustees shall first be authorized to borrow such money and execute said mortgage or trust deed by vote of the owners of a majority of the stock.

Amended and all after* added 1893, ch. 12, p. 144. In force March 20.

Secs. 687 and 688. "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." 1885, p. 197. In force February 10.

687. 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.

688. 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.

Secs. 689 and 690. "An act to provide for the reorganizing, under the general laws of incorporations, of all incorporations heretofore formed under special acts." 1871, p. 106. In force March 17.

689. The Nebaska 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.

690. 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.

ties."

Religious Societies, Etc.

Secs. 691 to 695. "An act for the incorporation of churches, parishes, and religious socie1883, p. 177. In force June 1.

691. 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.

Church organization may make rules for government of members. If they have no rules, those of the common law prevail, and a member cannot be expelled without notice. Jones v. State, 28, 495 (44 N. W., 658). When rights of property are in question, courts will inquire whether or not organic rules and forms of proceeding prescribed by the church have been followed. Pounder v. Ash, 36, (54 N. W., 847).

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692. 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.

693. 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, incumber, 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.

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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.

694. 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.

695. 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.

Secs. 696 to 700 formed secs. 40 to 44, ch. 25, R. S. 1866, p. 204.

696. It shall be lawful for any religious sect or denomination, fire company, or any literary, scientific, or benevolent association (other than colleges, universities, academies, or seminaries) within this state to elect at a meeting of a majority of the members of any organized church, fire company, literary, scientific, or benevolent association as aforesaid, called for that purpose, any number of their members, not less than three, to serve as trustees or directors, and one member as clerk, who shall hold their offices during the pleasure of the society or association; *Provided, That all religious bodies that have in their articles of association, constitution, bylaws or discipline, provisions for the election of trustees or directors to hold property for the use and benefit of the membership and ministry thereof, may and are hereby authorized to elect such trustees or directors according to such provisions, and that a certificate of such election, signed by the president and clerk of such meeting or conference, shall be placed upon the records of the county in which said property may be situated; And provided further, That this act shall also include and apply to, and provide for, the incorporation of any synod, conference, association, diocese, presbytery, or any other ecclesiastical body or court of any religious sect or denomination, comprising or extending over the whole state or any part thereof, and in every such case in which such body to be incorporated shall comprise or extend over more than one county in this state, the certificate of election of the trustees or directors shall also be filed in the office of the secretary of state and there recorded.

Amended and all after* added 1889, p. 487.

697. That the clerk so elected shall make a true record of the proceedings of such meeting provided for in this subdivision, so far as the same pertains to the organization of the body and the election of such trustees or directors, and certify and deliver a true copy of the same to the clerk of the county where such meeting shall be held, if said body shall not comprise or extend over more than such county, together with the name by which such church, fire company, association, or body shall thereafter desire to be known; and it shall be the duty of such county clerk, immediately upon the receipt of such certified statement, to record the same in a book of record to be kept by him, provided for that purpose at the expense of his county, for which service he may demand the sum of ten cents per hundred words; and in case said body shall comprise and extend over more than one county, then such clerk shall deliver such certified copy of said proceedings and such name to the secretary of state of this state, who shall in like manner file and record the same in his office in a book provided for such purposes at the expense of the state; and from and after the making of such record by the county clerk or the secretary of state, as the case may be, the said trustees or directors and their associated members, as such body, company, church, association, synod, conference, presbytery, diocese, or other court, and their successors, shall be invested with the powers, privileges, and im

munities incident to aggregate corporations, and a certified transcript of the record herein authorized to be made by county clerk or secretary of state shall be deemed and taken in all courts and places whatsoever in this state as prima facie evidence of the existence of such corporation.

Rewritten 1889, p. 488.

698. The trustees or directors who may be appointed under the provisions of this subdivision, and their successors in office, shall have perpetual succession by such name as may be designated, and by such name may be legally capable of contracting and prosecuting and defending suits, and shall have capacity to acquire, hold, enjoy, dispose of, and convey all property, real and personal, which they may acquire by purchase, donation, or otherwise, for the purpose of carrying out the intentions of such society or association, but they shall not acquire or hold property for any other purpose.

699. Such society or association, when incorporated, may elect such officers and make such rules and regulations as may be necessary and expedient for its own government and the management of its fiscal and other affairs to effect their respective objects.

700. If said board of trustees or directors, as is provided for in this subdivision, shall be vacated, either in whole or in part, by death, resignation, or otherwise, such board of trustees or directors may be revived, or such vacancy or vacancies filled, in the manner pointed out in this subdivision for the original organization of said board, and a majority of said trustees or directors shall be a quorum for the transaction of business.

Secs. 701 to 703. "An act authorizing churches, religious and charitable associations to change their names and declaring the effect thereof." 1887, p. 341. In force July 1.

701. That any church, religious or charitable association or corporation existing now, or hereafter coming into existence, by virtue of any special charter from the legislature of this state or of the territory of Nebraska, or by virtue of the General Statutes of the state, may and hereby is authorized to change its name at any regular annual meeting of said association by a two-thirds affirmative vote of the members present at said meeting.

702. Public notice of such action by said church or association shall be given by publishing the same in some newspaper in general circulation in the county where said church or association is located for three weeks successively next after said meeting, and by recording the minutes of said meeting in the same place as articles of incorporation are now by law required to be recorded.

703. The change of the name of any church or religious or charitable association under this act shall not in any manner impair the right, title, or interest in or to any property held by said association whose name becomes changed, and any incumbrance or liability created before said change shall remain unimpaired thereby.

Sec. 704 formed sec. 60, ch. 25, R. S. 1866, p. 210.

704. When any real estate shall have been or may hereafter be bequeathed, aliened, donated, or otherwise entrusted to any religious society in this state, or to any of the trustees or officers of any such society, and such society shall be desirous to sell, exchange, or incumber, by mortgage or otherwise, any such real estate, it shall be lawful for the district court of the proper county, upon good cause shown upon petition of any such society, or some person authorized by them, to make an order authorizing the sale or incumbrance of any such real estate, and said court may include in such order directions how the proceeds of such sale or incumbrance shall be appropriated or invested; Provided, Such order shall in no case be inconsistent with the original terms upon which such real estate became invested or entrusted to such religious society.

Sale may be enjoined by contributors to building fund where latter would be diverted from intended use. Avery v. Baker, 27, 397-8 (43 N. W 174).

704a. When any religious society shall petition, as is provided for in the preceding section, all persons who may have a vested, contingent, or reversionary interest in the real estate sought to be sold or encumbered shall be made parties to said petition, and such parties shall be notified of such petition in the same manner as is or may be provided for in cases of petitions for partitions of real estate; Provided, That the provisions of this chapter shall not extend to any ground used or occupied as burial places for the dead.

Miscellaneous.

Secs. 705 to 707. "An act to enable associations of persons of the learned professions to become bodies corporate." 1877, p. 119. In force June 1.

705. 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.

706. 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 fortyfour of chapter eleven, entitled "Corporations" [698 and 700].

707. Such associations may have and use a seal with such devices as may be proper, and change the same at pleasure.

Secs. 708 to 716. "An act to authorize the incorporation of detective associations, to provide for bonds of collection and awards by, to prescribe their powers, duties, and liabilities, prevent frauds by, and punish false pretenders." 1885, p. 189. In force March 5.

708. Whenever any number of persons associate themselves together for the purpose of carrying on the detective or secret service business for pay, they shall} make a certificate in writing, subscribed and verified by the oaths or affirmations of all the members thereof, showing the full name and place of residence of each, the name and style by which such association shall be called, and the name of the town and county where their principal office shall be located, which certificate shall be filed in the office of the secretary of state, to be by him preserved and recorded in his office in the manner hereinafter provided.

709. Within thirty days from the date of filing the certificate as provided in section one of this act [708], the members of such association shall execute and deliver to the secretary of state a bond for the state of Nebraska in the penal sum of ten thousand (10,000) dollars, signed by all the members of such association, with a number of sureties equal to two for each member of said association, which sureties shall severally justify in sums aggregating the sum of ten thousand (10,000) dollars as hereinafter provided, conditioned for the faithful performance by such association of all the duties of their employment as prescribed in this act, and each member of such association shall make an oath or affirmation, to be endorsed on such bond and subscribed by him before some officer authorized to administer oaths and by him certified thereon, that he will support the constitution of the United States, and the constitution of the state of Nebraska, and will faithfully and impartially discharge the duties of a detective as prescribed in this act. Upon the receipt of such bond by the secretary of state he shall file the same, to be preserved in his office, and shall certify in writing that such association has complied with the law authorizing the incorporation of detective associations, and affix thereto the great seal of the state of Nebraska, attest the same, and record such certificate, together with the certificate

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