SEC. 595. All such corporations may hold all the property of the association owned prior to incorporation or acquired thereafter in any manner, and transact all business relative thereto; but no such corporation must own or hold more real estate than may be necessary whereon to erect buildings for the use of the association in conducting the business and objects thereof, for the convenient use of such buildings and providing burial grounds for the deceased members of such association-not to exceed six whole lots in any city or town nor more than twenty acres in the country; the annual increase or income whereof must not exceed fifty thousand dollars. [New section.] Stats. 1850, 347, Sec. 182; 1862, 125. SEC. 596. In addition to that provided for in the preceding section, Masons, Odd Fellows and Pioneer incorporated associations may hold such real estate as may be necessary to carry out their charitable purposes, or for the establishment and endowment of institutions of learning connected therewith. In case any such corporation is the owner, by donation or purchase, of more lands than herein or in the preceding section provided for, such surplus must be sold and conveyed by the corporation within five years after its acquisition. Such sale may be made without the order or decree of the District Court as hereinafter provided. Stats. 1862, 125; 1863, 34, 624. SEC. 597. The Directors must annually make a full report of all property, real and personal, held in trust for their corporation by them, and of the condition thereof, to the members of the association for which they are acting; which report must be sworn to by the President and Secretary, and certified copies thereof filed in the offices where their original articles of incorporation are filed, accompanied by an affidavit that the corporation has not been engaged in any business or object other than that set forth in their original articles of incorporation. Stats. 1850, 374, Sec. 183. SEC. 598. Every corporation disobeying the provisions of the three preceding sections, forfeits its franchise, and all the lands held contrary to the provisions thereof be Attorney General to come the property of the State. Whenever information sue therefor. is given to him, by any citizen of this State, that a corporation has violated any of the provisions of the three preceding sections, the Attorney-General must institute proceedings, in the proper District Court, for the forfeiture of the franchise and the recovery of such lands for the use of the State. Corporations may, by order of the District Court, sell or mortgage real estate, when. Petition. notice. [New section.] SEC. 599. Corporations organized by members of associations mentioned in Sec. 593 may mortgage or sell the necessary real estate held by them, on complying with the following provisons: 1. The Directors must, by order, declare such disposition of the real estate necessary, or for the best interests of the corporation, in the prosecution of the purposes of the association, setting forth the grounds for the same. 2. The Directors must petition the District Court of the county in which the real estate is situate, for the sale thereof, setting forth the order and the grounds upon which the same is asked. Summons or 3. The Judge of the Court, if it appear prima facie a case wherein such order should be made, must direct publication of summons to all persons interested in the property to appear before the Court and show cause why such order or decree should not be made. The notice must be published in a weekly newspaper published in the city or county where the property is situate, for one month at least; the last publication thereof to be at least ten days prior to the day set for the hearing of the petition; in lieu of the publication, personal notice may be served on all persons interested in the real estate. In either case, proof of publication or service to be satisfactorily shown as in other cases in the District Court. Objections or answer. Trial, order or decree. 4. At any time before the day set for hearing the petition, any person interested in the property may present objections or answer to the petition, raising either question of law or fact, and the same must be tried by the Court as other cases are tried. 5. If, on the hearing at the trial, it is found by the Court that the mortgage or sale of the property is unnecessary, or that the purposes of the association will not be subserved, advanced or benefited thereby, the order and decree must be denied; if it be found necessary, or that the purpose of the association will be subserved, advanced or benefited thereby, the petition must be granted. Court may direct ap praisement of property and disposi tion of 6. The Court may, if considered necessary, direct an appraisement of the property to be first made, and appoint disinterested appraisers therefor, fix their compensation and time for report; and direct the making proceeds. and execution of the mortgage or deed and all necessary accompanying notes, bonds or contracts, and to what purpose the proceeds must, by the corporation, be applied, as best comports with the object of the association. Stats. 1850, 347, Sec. 179; 1859, 87, Sec. 1. SEC. 600. Corporations organized for purposes other than for profit may, in their by-laws, ordinances, constitutions or articles of incorporation, make the following provisions, in addition to those provided for in Tit. I of this Part. 1. Qualifications of, mode of election and terms of admission to, membership. 2. Fix the fees of admission and dues to be paid to their treasury by members. 3. Provide for the expulsion and suspension of members for misconduct or non-payment of dues; also, for restoration to membership. 4. Such other regulations, not repugnant to the Constitution or laws of the State, as are consonant with the objects of the corporation. Stats. 1863, 624, Secs. 8, 9. SEC. 601. Members admitted after incorporation have all the rights and privileges, and are subject to the same responsibilities, as members of the association prior thereto. Stats. 1863, 624, Sec. 7. SEC. 602. No member or his legal representative must dispose of or transfer any right or privilege conferred on him by reason of his membership of such corporation, or be deprived thereof, except as herein provided. [New section.] How much land may be held, and how disposed of. Who are members eligible to vote and hold office. TITLE XIII. CEMETERY CORPORATIONS. SECTION 608. How much land may be held, and how disposed of. 610. May hold personal property, to what amount. How disposed of. 611. May issue bonds to pay for grounds.. Proceeds of sales, how disposed of. 612. May take and hold property or use income thereof, how. 613. Interments in lot, and effect thereof. made, how. Transfer of rights only 614. Lot owners previous to purchase, to be members of the cor poration. SEC. 608. Corporations organized to acquire lands for and to maintain cemeteries may take, by purchase, donation or devise, not exceeding three hundred and twenty acres of land, in the county wherein their articles of • incorporation are filed, to be held and occupied exclusively for a cemetery for the burial of the dead; which must be surveyed and subdivided into lots or plats, avenues and walks, under order of the Directors, and a map thereof filed, in the office of the Recorder of the county wherein the lands are situate; thereafter, upon such terms and subject to such conditions and restrictions, to be inserted in the conveyances, as the by-laws or Directors may prescribe, the Directors may sell and convey the lots or plats to purchasers. All conveyances to be executed under the seal of the corporation, signed by the President and Secretary. Stats. 1859, 281, Sec. 4. SEC. 609. Every person of fill age who is proprietor of a lot or plat in the cemetery of the corporation, containing not less than two hundred square feet of land, or, if there be more than one proprietor of any such lot, then such of the proprietors as the majority of joint proprietors designate, may, in person or by proxy, cast one vote at all elections had by the corporation for Directors or any other purpose, and is eligible to any office of the corporation. At each annual meeting or election, the Directors must make a report to the proprietors of al their doings, management and condition of the property and concerns of the corporation. Stats. 1859, 281, Sec. 5. SEC. 610. Such corporations may hold personal property to an amount not exceeding five thousand dollars, in addition to the surplus remaining from the sales of lots or plats after payments of all bonds issued for the purchase of cemetery lands and interest thereon. Such surplus must be disposed of in the following manner : 1. In the improvement, embellishment and preserva- How tion of the cemetery, and paying incidental expenses of disposed of. the corporation. 2. By relieving the distressed members of the corpora tion and others, and for other charitable purposes. 3. By donating it to any board of relief established by such corporations. Stats. 1859, 281, Sec. 4; 1864, 12, Sec. 1. SEC. 611. Such corporations may issue the bonds thereof, bearing interest not exceeding twelve per cent. per annum, for the purchase of lands for their cemeteries, to the payment of which at least sixty per cent. of the proceeds of sales of lots and plats, or other proceeds of the corporation, must be applied every three months, until the bonds and interest thereon are fully paid, the residue or surplus of such proceeds to be used and disposed of as provided in the preceding section. Stats. 1859, 281, Sec. 7; 1864, 12, Sec. 1. SEC. 612. Cemetery corporations may take and hold any property, or use the income thereof, bequeathed, donated or given in trust to them for the specific purpose of embellishing or improving the grounds, avenues or superstructures of their cemeteries, or for the erection, preservation or repair of monuments therein, or for any other purpose or design consistent with the objects of the corporation. Stats. 1859, 281, Sec. 9. SEC. 613. Whenever an interment is made in any lot or plat transferred to individual owners by the corporation, the same thereby becomes forever inalienable, and descends in regular line of succession to the heirs at law May issue bonds to pay for grounds. Proceeds of disposed of May take property or thereof, how. and hold use income Interments in lot, and effect thereof |