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This entry was published on 2014-09-22
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SECTION 3
Powers
Benevolent Orders (BVO) CHAPTER 3, ARTICLE 2
§ 3. Powers. Such trustees or executive committee may take, hold and
convey by and under the direction of such lodge, chapter, commandery,
consistory, council, temple, grotto, post, tribe, aerie, camp, tent,
nest, encampment or canton, or Degree of Pocahontas council all the
temporalities and property belonging thereto, whether real or personal,
and whether given, granted or devised directly to it or to any person or
persons for it, or in trust for its use and benefit, and may sue for and
recover, hold and enjoy all the debts, demands, rights and privileges,
and all buildings and places of assemblage, with the appurtenances, and
all other estate and property belonging to it in whatsoever manner the
same may have been acquired, or in whose name soever the same may be
held, as fully as if the right and title thereto had been originally
vested in them; and may purchase and hold for the purpose of the lodge,
chapter, commandery, consistory, council, temple, grotto, aerie, post,
tribe, camp, tent, nest, encampment or canton, or Degree of Pocahontas
council, other real and personal property, and demise, lease and improve
the same. Such trustees or executive committee may also issue their
bonds or other evidences of indebtedness in such amounts and for such
time and in such form as they shall determine either for the purpose of
raising money to pay for any real estate purchased and held by them, and
for the improvement of the same, as hereinbefore provided, or for any
other past indebtedness, and may mortgage such real estate for the
purpose of securing the bonds or other evidences of indebtedness so
issued by them. Bonds and mortgages for other than moneys to pay for
such real estate and the improvement thereof as above, shall only be
issued after an order of the supreme court permitting and allowing same
upon petition of all the trustees of the property of such executive
committee of the lodge, chapter, commandery, consistory, council,
temple, grotto, aerie, post, camp, tent, nest, encampment or canton. The
petition shall briefly state the purposes and reason for same and shall
state that the petition is made by and under the direction duly had or
given at a regular or state communication, convocation, encampment or
meeting thereof according to its constitution and general regulations.
The court may permit and allow the issuance of said bonds and mortgages
by the trustees or executive committee if it deems the same proper and
for the best interests of the said lodge, chapter, commandery,
consistory, council, temple, grotto, aerie, post, camp, tent, nest,
encampment or canton. The order shall provide that the moneys shall be
applied and expended for the same purposes set forth in the petition.
The proceeds of such bonds or other evidences of indebtedness shall be
applied exclusively to the purpose for which the same was borrowed
either to pay for such real estate and the improvement thereof or any
other past indebtedness. Every such lodge, chapter, commandery,
consistory, council, temple, grotto, post, tribe, aerie, camp, tent,
nest, encampment or canton, or Degree of Pocahontas council, may make
rules and regulations, not inconsistent with the laws of this state, or
with the constitution or general rules or laws of the grand lodge or
other governing body to which it is subordinate, for managing the
temporal affairs thereof, and for the disposition of its property and
other temporal concerns and revenue belonging to it, and the secretary
and treasurer thereof, duly elected and installed according to its
constitution and general regulations and law, shall, for the time being
be ex-officio its secretary and treasurer. No board of trustees or
executive committee for any lodge, chapter, commandery, consistory,
council, temple, grotto, aerie, post, tribe, camp, tent, nest,
encampment or canton or Degree of Pocahontas council, filing the
certificate aforesaid, shall be deemed to be dissolved for any neglect
or omission to elect a trustee or member of such executive committee,
annually, or fill any vacancy or vacancies that may occur or exist at
any time in said board or committee, but it shall and may be lawful for
said lodge, chapter, commandery, consistory, council, temple, grotto,
aerie, post, tribe, camp, tent, nest, encampment or canton, or Degree of
Pocahontas council, to fill such vacancy or vacancies at any regular
communication thereafter to be held, and till a vacancy arising from the
expiration of the term of office of a trustee or member of such
executive committee is filled, as aforesaid, he shall continue to hold
the said office and perform the duties thereof.