(Laws 1880, ch. 566; R. S., 8th ed., 1945.) § 4. Any such association may take and hold any lot or plat which may be conveyed or devised to it by the owner or proprietor thereof, receiving title thereto from such association, with authority in the grantor or testator to make the said lot or plat thereafter inalienable, and to restrict interments therein to such person or persons, or such class or classes of persons, as may for that purpose be designated and prescribed in the conveyance or devise under which the said lot or plat shall be so taken and held. [The provision authorizing the corporation to hold lots reconveyed to it is re-enacted without change of substance in § 49 of revision. The remainder of the section is omitted.] (L. 1881, ch. 139; R. S., 8th ed., 1948.) · Section 1. Every corporation which shall, under authority of law, hold, occupy and use lands for a cemetery and burial place, may receive by gift or bequest any moneys or personal property for the improvement and maintenance of such cemetery; or for the maintenance, repair, preservation or ornamentation of any private plat, vault, monument, tomb or other structure in such cemetery, according to the terms of such gift or bequest. [This chapter is re-enacted without change of substance in section 45 of revision.] (L. 1881, ch. 207 amends L. 1855, ch. 425.) (Laws 1881, chap. 428; R. S., 8th ed., 1928.) Section 1. The funds of charitable and benevolent institutions and charitable and benevolent corporations may be invested in any such securities as are now permitted by law to banks for savings; and also in such real estate as such institutions or corporations are permitted to hold under the laws of this state. § 2. Such associations and corporations may retain and hold as such investment any specific property, real or personal, donated to them respectively. § 3. Nothing contained in this act shall be so construed as to permit any such institution or corporation to take or hold any personal or real estate beyond the amount in value it is now entitled to hold under its charter or the laws of this state. [This act is repealed, but not re-enacted. There is no doubt that the surplus funds of a membership corporation can be so invested without express authority of law.] (L. 1881, ch. 497 amends L. 1847, ch. 133.) (L. 1881, ch. 641; R. S., 8th ed., 1928.) Section 1. All corporations already formed or which hereafter may be formed under and in pursuance of chapter three hundred and nineteen of the laws of eighteen hundred and forty-eight, being "An act for the incorporation of benevolent, charitable, scientific and missionary societies," and the several acts amendatory thereof, and their successors, by their corporate name, shall in law be capable of taking, receiving, purchasing and holding real estate for the purposes of their corporation to an amount not exceeding the sum of two hundred thousand dollars in value, and personal estate for like purposes to an amount not exceeding the sum of two hundred thousand dollars in value, but the clear annual income of such real and personal estate shall not exceed the sum of fifty thousand dollars, subject, however, to the restrictions upon devises and bequests contained in an act, entitled "An act relating to wills," passed April thirteen, eighteen hundred sixty. [Superseded by Gen. Corp. L., § 12.] (L. 1883, ch. 446 amends L. 1848, ch. 319.). amends L. 1869, ch. 629.) amends L. 1860, ch. 163.) amends L. 1855, ch. 425.) amends L. 1865, ch. 368.) amends L. 1848, ch. 319.) amends L. 1875, ch. 267.) amends L. 1875, ch. 130.) (L. 1886, ch. 236; R. S., 8th ed., 2027.) Section 1. Any five or more persons, of full age, citizens of the United States, and a majority of whom are also citizens of this state, who desire to form themselves into a political club, may sign and acknowledge, before any officer authorized to take the acknowledgment of deeds in this state, and file in the office of the secretary of state, and also in the office of the clerk of the county in which the office or house of such club shall be situated, a certificate in writing, in which shall be stated the name or title by which such club shall be known in law; the particular business and object of such club; the number of trustees, directors, managers or executive committee to manage the same, and the names of the trustees, directors, managers or executive committee for the first year of its existence. [Sections 30-31 of revision, without change in substance.] (Laws 1886, ch. 236; R. S., 8th ed., 2028.) § 2. Upon filing a certificate as aforesaid, the persons who shall have signed and acknowledged such certificate and their associates and successors, shall thereupon, by virtue of this act, be a body politic and corporate by the name stated in such certificate, and by that name they and their successors shall and may have succession, and shall be capable of suing and being sued; and they and their successors may have and use a common seal, and may alter and change the same at pleasure; and they and their successors, by their corporate name, shall, in law, be capable of taking, receiv ing, purchasing, leasing and holding real estate for the purposes of their incorporation, and for no other purpose, to an amount not exceeding the sum of five hundred thousand dollars in value, exclusive of the building and improvements thereon, and personal estate for like purposes to an amount not exceeding the sum of one hundred and fifty thousand dollars in value, exclusive of the building and improvements on its said real estate, and the furnishing of its club-house, but the clear annual income of such real and personal estate shall not exceed the sum of fifty thousand dollars; to make and adopt a constitution, by-laws, rules and regulations for the government of said corporation, and for the admission, voluntary withdrawal, censure, suspension and expulsion of its members, for the establishing and collection of the fees and dues of its members, the number and election of its officers, and to define their duties and compensation, and for the safe-keeping of its property, and the general conduct of its affairs, and from time to time to alter, modify or change such constitution, by-laws, rules and regulations; provided, however, that no constitution, by-laws, rules or regulations shall be made or adopted by said corporation which shall be inconsistent with the constitution and laws of the United States or this state. [Provision that on filing certificate, corporation is formed, is in section 31 of revision. Provision as to general powers, is superseded by Gen. Corp. L., § 11. Provision as to holding property is superseded by Gen. Corp. L., § 12, which allows $3,000,000. The provisions in regard to making by-laws are in section 8 of revision.] § 3. The membership of any person in said club shall be determined by his death, or by his voluntary withdrawal therefrom, or by expulsion therefrom, and the manner of such withdrawal or expulsion of members shall be determined and provided by the constitution or by-laws of said corporation, and upon such death, withdrawal or expulsion, all and every right, title and interest of the person whose membership is so determined, in or to said cor (Laws 1886, ch. 236; R. S., 8th ed., 2029.) poration or its property or effects, shall at once cease and be forever at an end. [Section 8 of revision authorizes the adoption of by-laws regulating admission and expulsion of members, and the termination of membership. Section 9 of revision provides that on termination of membership the interest of a member in the corporation and its property ceases, unless otherwise provided by the by-laws.] § 4. Any five or more of the officers or members of any unincorporated political club heretofore organized, when duly authorized by vote of said club, may avail themselves of the provisions of this act, by signing, acknowledging and filing a certificate in writing as provided in section one of this act, and thereupon all property, rights and interests of said club then held by any or either of its officers or members, or any person or persons, for its use and benefit, shall by virtue of this act vest in and become the property of the corporation so created, subject to the payment of the debts of said club. The several officers and committees of any club which may avail themselves of the provisions of this act, shall continue to hold their respective offices of said club, with the powers and duties prescribed by the constitution and by-laws of said club, until their successors shall be elected and installed, and in case of any previous vacancy among such officers, it shall be filled in the manner prescribed by the constitution and by-laws already adopted by said club or as the same may in conformity therewith be altered or amended by said. corporation; and the constitution and by-laws of said club existing at the time its officers or members may avail themselves of the provisions of this act, shall be the constitution and by-laws of said corporation until so altered or amended by said corporation. [By § 5 of revision incorporation may be effected substantially as here provided.] § 5. The club so incorporated may elect, from its members, its trustees, directors, managers or executive committee, except as hereinbefore provided; and the trustees, directors, managers or executive committee so elected may divide the whole number of trustees, directors, managers or executive committee into classes so that not less than one-fifth of their number shall be elected annually after the first organization of any board of such trustees, directors, managers or executive committee. Such election may be held at such time and place and in such manner as may be specified in the constitution or by-laws; and such board, (Laws 1886, ch. 236; R. S., 8th ed., 2029.) together with the officers of the club for the time being, shall have the control and management of the affairs and funds of said club, a majority of whom shall be a quorum for the transac tion of business, and whenever any vacancy shall occur in such board, by death, resignation or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the constitution or by-laws of such club. The number of trustees, directors, managers or executive committee in any corporation, organized under this act, shall not be less than five nor more than forty. [Section 10 of revision provides that the directors shall be members. Section 8 of revision provides that the by-laws may classify the directors, regulate elections and provide for the filling of vacancies. Section 29 of Gen. Corporation Law gives to the directors the management of corporate affairs and fixes a majority as a quorum. Section 31 of revision fixes the number of directors at not less than three nor more than thirty.] § 6. In case it shall, at any time, happen that an election of trustees, directors, managers or members of the executive committee shall not be made on the day designated by the by-laws, said club, for that cause, shall not be dissolved, but it shall and may be lawful on any other day to hold an election for trustees, directors, managers or members of the executive committee in such manner as may be directed by the constitution or by-laws of such club. [Covered by the provisions of §§ 23--26 of General Corporation Law.] (L. 1886, ch. 333 amends L. 1877, ch. 228.) (L. 1886, ch. 666; R. S., 8th ed., 2042.) Section 1. Any library association duly incorporated under the laws of this state and located in any city of the state, which owns real estate of the value of at least twenty thousand dollars in said city and also at least ten thousand volumes and maintains the same as a free public library or a free library for the free circulation of books, among the inhabitants of said city and which shall have actually circulated in the twelve months next preceding the date of the application herein authorized at least seventy-five thousand volumes, is hereby authorized to apply to the common council or other proper authority, and in the city of New York to the board of estimate and apportionment, for the appropriation of a sum not exceeding five thousand dollars. § 2. Any such library association which shall have circulated in addition to the seventy-five thousand volumes above specified, more than one hundred thousand volumes, is hereby authorized |