State Codes and Statutes

Statutes > New-york > Bvo > Article-2 > 5

§ 5. Powers  of  trustees.  1.  Such  trustees  shall  have  the care,  management and control of all the  temporalities  and  property  of  the  lodge,  chapter,  commandery, consistory, council, temple, grotto, post,  tribe, tent, nest, camp, encampment or canton, or Degree  of  Pocahontas  council,  and  they  shall  not sell, convey, mortgage or dispose of any  property except by and under its direction,  duly  had  or  given  at  a  regular  or  stated  communication,  convocation,  encampment or meeting  thereof, according to its constitution  and  general  regulations.  They  shall  at  all  times  obey  and  abide  by  the  directions, orders and  resolutions of such lodge,  chapter,  commandery,  consistory,  council,  temple,  grotto, post, tribe, tent, nest, camp, encampment or canton, or  Degree of Pocahontas council, duly  passed  at  any  regular  or  stated  communication,   convocation,  encampment  or  meeting  thereof  not  in  conflict with the constitution and laws of this state or  of  the  grand  body  to  which  it  shall  be  subordinate,  or of such lodge, chapter,  commandery, consistory, council,  temple,  grotto,  post,  tribe,  tent,  nest, camp, encampment or canton, or Degree of Pocahontas council.    2.  If  a lodge of Free and Accepted Masons or a chapter of Royal Arch  Masons, surrender  its  warrant  to  the  grand  body  to  which  it  is  subordinate  or is expelled or becomes extinct, according to the general  rules or regulations of such body, the trustees then  in  office  shall,  out of the property belonging to such lodge or chapter, satisfy all just  debts  due  from  it  and  transfer  the  residue of its property to the  "trustees of the masonic hall and asylum fund," a corporation created by  chapter  two  hundred  seventy-two  of  the  laws  of  eighteen  hundred  sixty-four,  entitled "An act to incorporate the trustees of the masonic  hall and asylum fund," and unless reclaimed by  such  lodge  or  chapter  within   three   years  from  such  transfer,  in  accordance  with  the  constitution and general regulations of such grand body, the same,  with  the avails or increase thereof, shall be applied by the "trustees of the  masonic  hall and asylum fund" to the benevolent purposes for which such  trustees were created in and by such act.    3. If a  lodge  of  Odd  Fellows,  duly  chartered  by  and  installed  according to the general rules and regulations of the Grand Lodge of the  Independent Order of Odd Fellows of the state of New York, surrender its  charter  to the grand lodge to which it is subordinate or is expelled or  becomes extinct, according to the general rules or regulations  of  such  grand  lodge,  trustees  appointed by the Grand Master shall, out of the  property belonging to such lodge, satisfy all just debts due from it and  transfer the  residue  of  its  property  to  the  Grand  Lodge  of  the  Independent  Order  of  Odd Fellows of the state of New York, and unless  reclaimed by such lodge  within  three  years  from  such  transfer,  in  accordance with the constitution, by-laws, rules and regulations of such  grand  lodge, the same, with the avails or increase thereof shall become  the property of the grand lodge.    4. If a lodge of Knights of Pythias, duly chartered according  to  the  constitution,  statutes  and  rules  and  regulations of the Grand Lodge  Knights of Pythias, of the state of New York, surrenders its charter  to  said Grand Lodge to which it is subordinate, or whose charter is vacated  by  said Grand Lodge, or if such lodge becomes extinct, according to the  constitution, statutes and rules and regulations of  said  Grand  Lodge,  one or more trustees appointed by the Grand Chancellor shall, out of the  real,  personal  or  mixed property belonging to such lodge, satisfy all  just debts due from it, and transfer the residue of its property to  the  Grand  Lodge  Knights  of Pythias, of the state of New York, and, unless  reclaimed by such lodge within five years from the time when its charter  was or is surrendered or vacated, or from the time  when  it  became  or  becomes  extinct,  and  in  accordance  with the constitution, statutes,rules and regulations of said Grand Lodge, the same, with the avails  or  increase  thereof, shall automatically, and without further action being  required, become  the  property  of  said  Grand  Lodge,  whenever  such  surrender,  vacating  or  extinction occurred, even if prior to the date  when this subdivision became effective; and the provisions hereof as  to  the  transfer  of  said property to said Grand Lodge shall apply to such  surrender or vacating of the charter of  such  lodge,  or  its  becoming  extinct,  prior  to  the  effective  date  of  this  subdivision, if the  property thereof has not been reclaimed.    5. If a lodge of the Benevolent and Protective  Order  of  Elks,  duly  chartered according to the constitution, statutes, rules and regulations  of  the  Grand  Lodge  of  the  Benevolent and Protective Order of Elks,  surrenders its charter to said Grand Lodge to which it  is  subordinate,  or  whose  charter  is  vacated  by  said  Grand Lodge, or if such lodge  becomes extinct, according to  the  constitution,  statutes,  rules  and  regulations of said Grand Lodge, trustees appointed by the Grand Exalted  Ruler  shall receive, hold, conserve, manage or sell the lodge property,  both real and personal, satisfy all just debts of the lodge, and  retain  and invest the net proceeds therefrom, in trust, until such time as said  lodge  may  be  reinstated  or  a  new  charter  be  granted in the same  jurisdiction, except that the Grand Exalted Ruler shall direct that  the  remaining   trust   assets  be  conveyed  to  a  tax  exempt  charitable  organization of the State Association or, if there is no such tax exempt  charitable organization, to the Grand Lodge Emergency Charity Fund if he  shall determine, after ten years from the creation of  the  trust,  that  the  lodge in question is not going to be reinstated or a new charter be  granted in the same jurisdiction.    6. If a lodge of Moose International, Inc., duly  chartered  according  to  the constitution and bylaws of Moose International, Inc., surrenders  or suffers revocation of its charter to Moose  International,  Inc.,  to  which  it is subordinate, or if such lodge becomes extinct, according to  the  constitution  and  bylaws  of  Moose   International,   Inc.,   the  paraphernalia, supplies, property, cash and other assets remaining after  payment  of  all indebtedness of the lodge shall be transferred to Moose  International, which shall hold, conserve, manage or sell  the  property  of  lodge, both real and personal, and invest the net proceeds therefrom  in a defunct lodge account, in the name of Moose International, Inc.

State Codes and Statutes

Statutes > New-york > Bvo > Article-2 > 5

§ 5. Powers  of  trustees.  1.  Such  trustees  shall  have  the care,  management and control of all the  temporalities  and  property  of  the  lodge,  chapter,  commandery, consistory, council, temple, grotto, post,  tribe, tent, nest, camp, encampment or canton, or Degree  of  Pocahontas  council,  and  they  shall  not sell, convey, mortgage or dispose of any  property except by and under its direction,  duly  had  or  given  at  a  regular  or  stated  communication,  convocation,  encampment or meeting  thereof, according to its constitution  and  general  regulations.  They  shall  at  all  times  obey  and  abide  by  the  directions, orders and  resolutions of such lodge,  chapter,  commandery,  consistory,  council,  temple,  grotto, post, tribe, tent, nest, camp, encampment or canton, or  Degree of Pocahontas council, duly  passed  at  any  regular  or  stated  communication,   convocation,  encampment  or  meeting  thereof  not  in  conflict with the constitution and laws of this state or  of  the  grand  body  to  which  it  shall  be  subordinate,  or of such lodge, chapter,  commandery, consistory, council,  temple,  grotto,  post,  tribe,  tent,  nest, camp, encampment or canton, or Degree of Pocahontas council.    2.  If  a lodge of Free and Accepted Masons or a chapter of Royal Arch  Masons, surrender  its  warrant  to  the  grand  body  to  which  it  is  subordinate  or is expelled or becomes extinct, according to the general  rules or regulations of such body, the trustees then  in  office  shall,  out of the property belonging to such lodge or chapter, satisfy all just  debts  due  from  it  and  transfer  the  residue of its property to the  "trustees of the masonic hall and asylum fund," a corporation created by  chapter  two  hundred  seventy-two  of  the  laws  of  eighteen  hundred  sixty-four,  entitled "An act to incorporate the trustees of the masonic  hall and asylum fund," and unless reclaimed by  such  lodge  or  chapter  within   three   years  from  such  transfer,  in  accordance  with  the  constitution and general regulations of such grand body, the same,  with  the avails or increase thereof, shall be applied by the "trustees of the  masonic  hall and asylum fund" to the benevolent purposes for which such  trustees were created in and by such act.    3. If a  lodge  of  Odd  Fellows,  duly  chartered  by  and  installed  according to the general rules and regulations of the Grand Lodge of the  Independent Order of Odd Fellows of the state of New York, surrender its  charter  to the grand lodge to which it is subordinate or is expelled or  becomes extinct, according to the general rules or regulations  of  such  grand  lodge,  trustees  appointed by the Grand Master shall, out of the  property belonging to such lodge, satisfy all just debts due from it and  transfer the  residue  of  its  property  to  the  Grand  Lodge  of  the  Independent  Order  of  Odd Fellows of the state of New York, and unless  reclaimed by such lodge  within  three  years  from  such  transfer,  in  accordance with the constitution, by-laws, rules and regulations of such  grand  lodge, the same, with the avails or increase thereof shall become  the property of the grand lodge.    4. If a lodge of Knights of Pythias, duly chartered according  to  the  constitution,  statutes  and  rules  and  regulations of the Grand Lodge  Knights of Pythias, of the state of New York, surrenders its charter  to  said Grand Lodge to which it is subordinate, or whose charter is vacated  by  said Grand Lodge, or if such lodge becomes extinct, according to the  constitution, statutes and rules and regulations of  said  Grand  Lodge,  one or more trustees appointed by the Grand Chancellor shall, out of the  real,  personal  or  mixed property belonging to such lodge, satisfy all  just debts due from it, and transfer the residue of its property to  the  Grand  Lodge  Knights  of Pythias, of the state of New York, and, unless  reclaimed by such lodge within five years from the time when its charter  was or is surrendered or vacated, or from the time  when  it  became  or  becomes  extinct,  and  in  accordance  with the constitution, statutes,rules and regulations of said Grand Lodge, the same, with the avails  or  increase  thereof, shall automatically, and without further action being  required, become  the  property  of  said  Grand  Lodge,  whenever  such  surrender,  vacating  or  extinction occurred, even if prior to the date  when this subdivision became effective; and the provisions hereof as  to  the  transfer  of  said property to said Grand Lodge shall apply to such  surrender or vacating of the charter of  such  lodge,  or  its  becoming  extinct,  prior  to  the  effective  date  of  this  subdivision, if the  property thereof has not been reclaimed.    5. If a lodge of the Benevolent and Protective  Order  of  Elks,  duly  chartered according to the constitution, statutes, rules and regulations  of  the  Grand  Lodge  of  the  Benevolent and Protective Order of Elks,  surrenders its charter to said Grand Lodge to which it  is  subordinate,  or  whose  charter  is  vacated  by  said  Grand Lodge, or if such lodge  becomes extinct, according to  the  constitution,  statutes,  rules  and  regulations of said Grand Lodge, trustees appointed by the Grand Exalted  Ruler  shall receive, hold, conserve, manage or sell the lodge property,  both real and personal, satisfy all just debts of the lodge, and  retain  and invest the net proceeds therefrom, in trust, until such time as said  lodge  may  be  reinstated  or  a  new  charter  be  granted in the same  jurisdiction, except that the Grand Exalted Ruler shall direct that  the  remaining   trust   assets  be  conveyed  to  a  tax  exempt  charitable  organization of the State Association or, if there is no such tax exempt  charitable organization, to the Grand Lodge Emergency Charity Fund if he  shall determine, after ten years from the creation of  the  trust,  that  the  lodge in question is not going to be reinstated or a new charter be  granted in the same jurisdiction.    6. If a lodge of Moose International, Inc., duly  chartered  according  to  the constitution and bylaws of Moose International, Inc., surrenders  or suffers revocation of its charter to Moose  International,  Inc.,  to  which  it is subordinate, or if such lodge becomes extinct, according to  the  constitution  and  bylaws  of  Moose   International,   Inc.,   the  paraphernalia, supplies, property, cash and other assets remaining after  payment  of  all indebtedness of the lodge shall be transferred to Moose  International, which shall hold, conserve, manage or sell  the  property  of  lodge, both real and personal, and invest the net proceeds therefrom  in a defunct lodge account, in the name of Moose International, Inc.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Bvo > Article-2 > 5

§ 5. Powers  of  trustees.  1.  Such  trustees  shall  have  the care,  management and control of all the  temporalities  and  property  of  the  lodge,  chapter,  commandery, consistory, council, temple, grotto, post,  tribe, tent, nest, camp, encampment or canton, or Degree  of  Pocahontas  council,  and  they  shall  not sell, convey, mortgage or dispose of any  property except by and under its direction,  duly  had  or  given  at  a  regular  or  stated  communication,  convocation,  encampment or meeting  thereof, according to its constitution  and  general  regulations.  They  shall  at  all  times  obey  and  abide  by  the  directions, orders and  resolutions of such lodge,  chapter,  commandery,  consistory,  council,  temple,  grotto, post, tribe, tent, nest, camp, encampment or canton, or  Degree of Pocahontas council, duly  passed  at  any  regular  or  stated  communication,   convocation,  encampment  or  meeting  thereof  not  in  conflict with the constitution and laws of this state or  of  the  grand  body  to  which  it  shall  be  subordinate,  or of such lodge, chapter,  commandery, consistory, council,  temple,  grotto,  post,  tribe,  tent,  nest, camp, encampment or canton, or Degree of Pocahontas council.    2.  If  a lodge of Free and Accepted Masons or a chapter of Royal Arch  Masons, surrender  its  warrant  to  the  grand  body  to  which  it  is  subordinate  or is expelled or becomes extinct, according to the general  rules or regulations of such body, the trustees then  in  office  shall,  out of the property belonging to such lodge or chapter, satisfy all just  debts  due  from  it  and  transfer  the  residue of its property to the  "trustees of the masonic hall and asylum fund," a corporation created by  chapter  two  hundred  seventy-two  of  the  laws  of  eighteen  hundred  sixty-four,  entitled "An act to incorporate the trustees of the masonic  hall and asylum fund," and unless reclaimed by  such  lodge  or  chapter  within   three   years  from  such  transfer,  in  accordance  with  the  constitution and general regulations of such grand body, the same,  with  the avails or increase thereof, shall be applied by the "trustees of the  masonic  hall and asylum fund" to the benevolent purposes for which such  trustees were created in and by such act.    3. If a  lodge  of  Odd  Fellows,  duly  chartered  by  and  installed  according to the general rules and regulations of the Grand Lodge of the  Independent Order of Odd Fellows of the state of New York, surrender its  charter  to the grand lodge to which it is subordinate or is expelled or  becomes extinct, according to the general rules or regulations  of  such  grand  lodge,  trustees  appointed by the Grand Master shall, out of the  property belonging to such lodge, satisfy all just debts due from it and  transfer the  residue  of  its  property  to  the  Grand  Lodge  of  the  Independent  Order  of  Odd Fellows of the state of New York, and unless  reclaimed by such lodge  within  three  years  from  such  transfer,  in  accordance with the constitution, by-laws, rules and regulations of such  grand  lodge, the same, with the avails or increase thereof shall become  the property of the grand lodge.    4. If a lodge of Knights of Pythias, duly chartered according  to  the  constitution,  statutes  and  rules  and  regulations of the Grand Lodge  Knights of Pythias, of the state of New York, surrenders its charter  to  said Grand Lodge to which it is subordinate, or whose charter is vacated  by  said Grand Lodge, or if such lodge becomes extinct, according to the  constitution, statutes and rules and regulations of  said  Grand  Lodge,  one or more trustees appointed by the Grand Chancellor shall, out of the  real,  personal  or  mixed property belonging to such lodge, satisfy all  just debts due from it, and transfer the residue of its property to  the  Grand  Lodge  Knights  of Pythias, of the state of New York, and, unless  reclaimed by such lodge within five years from the time when its charter  was or is surrendered or vacated, or from the time  when  it  became  or  becomes  extinct,  and  in  accordance  with the constitution, statutes,rules and regulations of said Grand Lodge, the same, with the avails  or  increase  thereof, shall automatically, and without further action being  required, become  the  property  of  said  Grand  Lodge,  whenever  such  surrender,  vacating  or  extinction occurred, even if prior to the date  when this subdivision became effective; and the provisions hereof as  to  the  transfer  of  said property to said Grand Lodge shall apply to such  surrender or vacating of the charter of  such  lodge,  or  its  becoming  extinct,  prior  to  the  effective  date  of  this  subdivision, if the  property thereof has not been reclaimed.    5. If a lodge of the Benevolent and Protective  Order  of  Elks,  duly  chartered according to the constitution, statutes, rules and regulations  of  the  Grand  Lodge  of  the  Benevolent and Protective Order of Elks,  surrenders its charter to said Grand Lodge to which it  is  subordinate,  or  whose  charter  is  vacated  by  said  Grand Lodge, or if such lodge  becomes extinct, according to  the  constitution,  statutes,  rules  and  regulations of said Grand Lodge, trustees appointed by the Grand Exalted  Ruler  shall receive, hold, conserve, manage or sell the lodge property,  both real and personal, satisfy all just debts of the lodge, and  retain  and invest the net proceeds therefrom, in trust, until such time as said  lodge  may  be  reinstated  or  a  new  charter  be  granted in the same  jurisdiction, except that the Grand Exalted Ruler shall direct that  the  remaining   trust   assets  be  conveyed  to  a  tax  exempt  charitable  organization of the State Association or, if there is no such tax exempt  charitable organization, to the Grand Lodge Emergency Charity Fund if he  shall determine, after ten years from the creation of  the  trust,  that  the  lodge in question is not going to be reinstated or a new charter be  granted in the same jurisdiction.    6. If a lodge of Moose International, Inc., duly  chartered  according  to  the constitution and bylaws of Moose International, Inc., surrenders  or suffers revocation of its charter to Moose  International,  Inc.,  to  which  it is subordinate, or if such lodge becomes extinct, according to  the  constitution  and  bylaws  of  Moose   International,   Inc.,   the  paraphernalia, supplies, property, cash and other assets remaining after  payment  of  all indebtedness of the lodge shall be transferred to Moose  International, which shall hold, conserve, manage or sell  the  property  of  lodge, both real and personal, and invest the net proceeds therefrom  in a defunct lodge account, in the name of Moose International, Inc.