Legislation
SECTION 5
Powers of trustees
Benevolent Orders (BVO) CHAPTER 3, ARTICLE 2
§ 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.
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.