duty of such operator, agent, or clerk, who may receive dispatches at that station, plainly to inform the applicant, and if required by him to write upon the dispatch that the line is not in working order, or that the dispatches already on hand for transmission will occupy the line, so that the dispatch offered cannot be transmitted within the time required, if the facts be so; and for omitting so to do, or for intentionally giving false information to the applicant in relation to the time within which the dispatch offered may be sent, such operator, agent, or clerk, and the company by which he is employed, shall incur a like penalty as in section eleven of this act [644].

Secs. 647 and 648. "An act granting the right of way to telegraph or telephone companies along public highways, and providing for a penalty in case of malicious injury or interference with the same. "" 1887, p. 634. In force July 1.

647. That any telegraph or telephone company incorporated or doing business in this state shall be and is hereby granted the right of way along any of the public roads of the state for the erection of poles and wires; Provided, That poles shall be set at least six feet within the boundary line of said roadway and not placed so as to interfere with road crossings; Provided, That said wires shall be placed at the height of not less than twenty feet above all road crossings.

648. Any person or persons who shall break, injure, destroy, or otherwise interfere with the poles, wires, or fixtures of any telegraph or telephone company in this state shall be subject to action and penalty prescribed in section 98, chapter 13, Criminal Code.

Telephone companies are public servants and must treat all alike. 17, 126 (22 N. W., 237).

Miscellaneous Corporations.

BRIDGE COMPANIES.

Secs. 649 to 656 formed secs. 29 to 36, ch. 25, R. S. 1866, p. 200.

649. Whenever any number of persons, not less than five, associate themselves together for the purpose of constructing a bridge over any of the streams of water in this state, they shall, under their hands and seals, make a certificate, specifying the amount of capital stock necessary, the amount of each share, the place where such bridge is to be built, and on what stream; and said certificate shall be acknowledged, certified and forwarded to the secretary of state, and by him recorded and copied; and when so incorporated, they are hereby authorized to carry on the operations named in said certificate of incorporation, and by the name and style provided in such certificates shall be deemed a body corporate with succession, and they and their associates, successors, and assigns shall have the same general corporate powers and be subject to all restrictions hereafter provided; but in all cases the banks on both sides of the stream where the said bridge is to be erected shall be owned by said company, or they shall obtain in writing the consent of the owner or owners of the banks where the said bridge is to be erected to erect the said bridge as aforesaid, unless the said banks at such point shall be in a public highway.

Proposition to vote bonds containing provision for collecting tolls from persons crossing the bridge not void, especially after bonds negotiated. 6, 52.

650. The corporators herein named shall open the books of said company for subscription to the capital stock of said bridge, and so soon thereafter as ten per cent of the capital shall be subscribed, they shall call a meeting of the persons who have subscribed stock as aforesaid, and shall then and there proceed to elect five directors, who shall be stockholders in said company, who shall hold their offices as such directors for one year from and after said election, and until their successors are elected and qualified, one of whom shall be president, one treasurer,

and one secretary, to be named on the tickets when voted for by the stockholders as aforesaid; each stockholder shall be entitled to one vote for each and every share of stock he may own; and after the first election no stockholder shall be entitled to a greater number of votes than the number of shares he may have paid into the said company.

651. The treasurer of said company, before entering upon his duties of office, shall enter into a bond, with good and sufficient security, to be approved by said board of directors, payable to the said company, conditioned for the faithful performance of all and singular the duties of his said office, and that he will well and truly account for and pay over to the said company all moneys and property that shall, from time to time, come into his hands by virtue of his said office, and that he will use due and proper diligence to collect all moneys and demands that from time to time shall be due and owing to the said company, which it shall be his duty by law to collect.

652. The president shall preside at all meetings when present and not otherwise incapacitated, in which case, or in case of his absence, the board of directors' shall choose a president from among their number, who shall perform the duties of the president at such meeting, and perform such duties as may from time to time be pointed out by the by-laws and rules of said company.

653. The secretary shall keep a record of all meetings of the board of directors and other proceedings of said company not required to be performed by any other officers of the said board of directors, and perform such other and further duties as may be assigned him from time to time by the rules and by-laws of the

said company.

654. The said company shall have power, from time to time, at any regular meeting of the board of directors, to make, alter, and change such by-laws and rules for the government of the said company.

655. The company, previous to receiving any tolls upon said bridge, shall set up and keep in a conspicuous place a board on said bridge, on which shall be written, painted, or printed, in a plain and legible manner, the rates of toll, which rates of toll shall have been prescribed by the district court of the proper county; and if any company shall demand or receive any greater rates of toll than the rate prescribed by said court, they shall be subject to a fine of ten dollars for each offense.

656. The compensation of the president and other officers of such company shall be regulated and fixed by the rules and by-laws of such company from time to

time.

Secs. 657 to 660. "An act to enable associations of persons to become bodies corporate for the purpose of acquiring and holding title to real estate, issuing and negotiating bonds thereon, and borrowing money for the use of the members of said corporation." 1891, p. 217. In force August 1.

657. That any number of persons, not exceeding twenty, may associate themsalves together and become a corporation as provided in chapter (16) of the Compiled Statutes of Nebraska for 1887, commencing at section (123) of said chapter, entitled Corporations [336], for the purpose of acquiring and holding real estate, issuing and negotiating bonds thereon and borrowing money for the use of the members of said corporation; Provided, That no person shall become a member of said corporation unless such person shall be the owner in his own right in fee simple of at least forty (40) acres of land situated in the county in which such corporation may be formed; Provided further, That the bonds so issued shall not bear a greater rate of interest than seven per cent per annum.

658. Each member of such corporation shall convey to said corporation by good and sufficient warranty deed clear of all incumbrance at least forty (40) acres

of land situated in the county in which such corporation may be formed, and that the land so conveyed shall constitute the capital stock of said corporation.

659. That each member of said corporation in consideration of the land so conveyed by such member shall receive paid up shares of stock of said corporation to the value of the land so conveyed, and the value of such land shall be ascertained by the appraisement of disinterested appraisers, said appraisers to be appointed and the appraisement conducted in such manner as may be provided by the constitution and by-laws of such corporation.

660. Such corporation shall be empowered and authorized to levy, assess and collect from its respective members such sums of money as may be deemed necessary to pay the interest that may accrue on the bonds so issued and money so borrowed and to enforce the collection and payment of the same by such laws as they may adopt; Provided, That no person shall hold more than ten (10) shares in his own right, such shares not to exceed two hundred ($200) dollars each.

III. CORPORATIONS NOT FOR PECUNIARY PROFIT.

Charitable and Fraternal Societies.

Secs. 661 to 666. "An act for the incorporation of charitable societies." In force February 25, 1873. G. S., 209.

661. That three or more persons who may desire to become incorporated for any charitable purpose may execute under their hands, and acknowledge before some person within the state authorized to take the acknowledgment of deeds, one or more duplicate articles of agreement as hereinafter specified, one copy whereof shall be filed and recorded in the office of the secretary of state. And a record shall be made of such articles or of a certified copy thereof in the clerk's office of the county or counties in this state in which the office of such association for the transaction of business may be located; and upon the execution and acknowledgment of such articles, the signers thereof, and those who may hereafter become associated with them, shall become a body politic and corporate, for the purposes set forth in said articles. Charitable societies within the meaning of this act shall be construed to include only societies intended to assist those suffering from any disease, infirmity, or necessity; Provided, however, That no person shall, by reason of membership in any such society, become entitled thereby to any special dividend or benefit of the funds thereof, depending on such membership.

662. The articles of association shall contain: First-The names of the persons associating in the first instance and their places of residence. Second-The name of such corporation and the place where its office for the transaction of business is located, and the period for which it is incorporated, not exceeding thirty years. Third-The object for which it was organized, which shall be stated with convenient certainty and expressly. Fourth-The number of its trustees and regular officers, and the time and place of holding its annual meeting. Fifth-The terms and conditions of membership.

663. The affairs of such corporations shall be managed by not less than five nor more than twenty trustees, to be chosen by the members thereof, and to hold office for one year and until their successors be chosen. And the regular officers thereof, except the treasurer and secretary, shall be chosen from such trustees. The officers may be chosen by the trustees or by the members of such corporation, as the articles shall prescribe. The by-laws of such corporation shall be adopted by the trustees, who may change them at their pleasure. All such trustees shall be citizens of the United States and residents of the state of Nebraska. A majority of the trustees shall be a quorum to transact business.

664. No such corporation shall have power to take or hold any real estate, except such as may be necessary for any hospital or asylum under its control, or for the transaction of its business, for a longer period than ten years.

665. All the funds received by any such corporation shall be used in the first instance, or shall be invested, and the income thereof used (after paying the necessary expenses) for the exclusive purpose set forth in the articles of association, and no portion thereof shall be used for any such purpose except within this state, and no portion of the funds of any such corporation shall be used or contributed towards the erection, completion, or furnishing of any building not owned or used by such corporation. Such corporation may take, by gift, purchase, or devise, property to an amount not exceeding one hundred thousand dollars, and it shall be lawful to invest the same upon mortgage, or in or by loan on railroad stocks or bonds, or any city, county, state, or government securities; but no loan shall be made to any trustee or officer of such corporation; Provided, That any such corporation may, in its articles of agreement, specify the kind of securities in which its funds. shall be invested, and that no part of its funds shall be invested in any other securities than those named in its articles, or where the securities shall not be specified in the articles of agreement, then such funds shall only be invested in such securities as are specified in this act.

666. Any corporation formed under this act shall, whenever required by the attorney general, or by the legislature, report a full statement of its affairs under the oath of at least two of its trustees, and for any neglect to furnish such report when required, all of the trustees so neglecting shall be liable to a penalty of fifty dollars each, to be recovered by action of debt in the name of the people of Nebraska.

Secs. 667 and 668. "An act incorporating subordinate lodges of Masons, Odd Fellows, and Good Templars." 1869, p. 64. In force February 4.

667. All organizations known as subordinate lodges of the Ancient Free and Accepted Masons, all organizations known as subordinate lodges of the Independent Order of Odd Fellows, and Farmers' Alliance and Knights of Labor, and also the organization known as the grand lodge Knights of Pythias of Nebraska, together with such subordinate lodges of said Grand Lodge Knights of Pythias of Nebraska within this state as have been, or may hereafter be, established, and chartered by said grand lodge, all organizations known as the subordinate granges to the Nebraska state grange, all organizations known as Good Templars, which have been, or may hereafter be regularly chartered by the respective grand lodges or bodies of the several orders or organizations in the state of Nebraska, and also the organization known as the Grand Army of the Republic, department of Nebraska, together with such posts of said Grand Army of the Republic within this state as have been, or may hereafter be, established and chartered by said department, and all organizations known as subordinate lodges of the order of Bohemian Benevolent Society C. S. P. S., and the Bohemian Roman Catholic Benevolent Society C. R. K. P. J. of Nebraska, and the auxiliary societies of the Woman's Christian Temperance Union, the Brotherhood of St. Andrews, as have been or may hereafter be established, be and they are hereby incorporated, and shall be hereafter entitled to all the privileges and rights incident to bodies corporate, so long as they retain their respective organizations and charters aforesaid.

Amended and other societies added 1885, p. 203; 1889, p. 403; 1891, p. 218.

668. All subordinate lodges of Masons, Odd Fellows, Knights of Pythias, Good Templars, and all subordinate granges, the Farmers' Alliance, and Knights of Labor, all posts of the Grand Army of the Republic, and Bohemian Benevolent

Association C. S. P. S., the Bohemian Roman Catholic Benevolent Society C. R. K. P. J., and Woman's Christian Temperance Union, the Brotherhood of St. Andrews, shall be known by the name and title designated in their several respective charters, as issued by the said grand lodges, department, or organization, by which name they shall be capable of suing and being sued, pleading and being impleaded, in the several courts of this state the same as natural persons, and shall have power to hold and convey real estate and personal property, and do all things usually done by corporations.

Amended 1885, p. 204; 1889, p. 404; 1891, p. 218.

669. Nothing herein contained shall be so construed as to affect the incorporation of lodges or other organizations heretofore incorporated by act of the legislature.

This section added 1885, p. 204.

Educational Institutions.

Secs. 670 to 683 formed secs. 15 to 28, ch. 25, R. S. 1866.

670. Any number of persons, not less than five, desiring to establish a college, university, normal school, or other institution for the purpose of promoting education, religion, morality, agriculture, or the fine arts, may, by complying with the provisions of this subdivision, become a body corporate and politic with perpetual succession, and may assume a corporate name by which they may sue and be sued, plead and be impleaded in all courts of law and equity; may have a corporate, seal, and the same alter and break at pleasure; may hold all kinds of estate, real personal, or mixed, which they may acquire by purchase, donation, devise, or otherwise, necessary to accomplish the objects of the incorporation, and the same to dispose of and convey at pleasure.

671. To ascertain the property and value thereof of any institution desirous of becoming a body corporate, under the provisions of this subdivision, it shall be the duty of the probate judge of any county of this state, on application, in writing, of any number of persons not less than five, of whom not less than five shall be resident freeholders of the county where such application is made, or where such institution is or is intended to be located, setting forth the objects for which they desire to become incorporated, to select three disinterested freeholders of the county, and voters therein, as appraisers, who shall first take an oath for the faithful discharge of their duties, before some competent officer, and such appraisers shall then proceed to make a schedule, and upon actual view to appraise the true value, in money, of all such goods, chattels, lands, and tenements, choses in action, rights, credits, and subscriptions, as such applicants shall exhibit to such appraisers, and shall return such schedule with their appraisement, and certificate of some officer authorized to administer oaths, that such appraisers were first duly sworn by him to discharge their duties as such appraisers, to the probate judge of the proper county; and if the amount so found shall be equal to the sum required for the commencement of any such institution as said applicants desire, such probate judge shall give such applicants a certificate of the fact, and they shall enter it in a book of records, by them provided for that purpose, which certificate, together with the corporate name and the articles of association, they shall also cause to be recorded in the county clerk's office of the county where such institution is or is intended to be located, and they shall thenceforward be a body corporate and politic, according to the provisions of this subdivision, and such probate judge, appraisers, and county clerk shall be entitled to the same fees as for like services in other cases, and no more. 672. The corporators of any college or university which may be organized in