697. That the clerk so elected shall make a true record of the proceedings of such meeting provided for in this subdivision, so far as the same pertains to the organization of the body and the election of such trustees or directors, and certify and deliver a true copy of the same to the clerk of the county where such meeting shall be held, if said body shall not comprise or extend over more than such county, together with the name by which such church, fire company, association, or body shall thereafter desire to be known; and it shall be the duty of such county clerk, immediately upon the receipt of such certified statement, to record the same in a book of record to be kept by him, provided for that purpose at the expense of his county, for which service he may demand the sum of ten cents per hundred words; and in case said body shall comprise and extend over more than one county, then such clerk shall deliver such certified copy of said proceedings and such name to the secretary of state of this state, who shall in like manner file and record the same in his office in a book provided for such purposes at the expense of the state; and from and after the making of such record by the county clerk or the secretary of state, as the case may be, the said trustees or directors and their associated members, as such body, company, church, association, synod, conference, presbytery, diocese, or other court, and their successors, shall be invested with the powers, privileges, and immunities incident to aggregate corporations, and a certified transcript of the record herein authorized to be made by county clerk or secretary of state shall be deemed and taken in all courts and places whatsoever in this state as prima facie evidence of the existence of such corporation.

Rewritten 1889, p. 488.

698. The trustees or directors who may be appointed under the provisions of this subdivision, and their successors in office, shall have perpetual succession by such name as may be designated, and by such name may be legally capable of contracting and prosecuting and defending suits, and shall have capacity to acquire, hold, enjoy, dispose of, and convey all property, real and personal, which they may acquire by purchase, donation, or otherwise, for the purpose of carrying out the intentions of such society or association, but they shall not acquire or hold property for any other purpose.

699. Such society or association, when incorporated, may elect such officers and make such rules and regulations as may be necessary and expedient for its own government and the management of its fiscal and other affairs to effect their respective objects.

700. If said board of trustees or directors, as is provided for in this subdivision, shall be vacated, either in whole or in part, by death, resignation, or otherwise, such board of trustees or directors may be revived, or such vacancy or vacancies filled, in the manner pointed out in this subdivision for the original organization of said board, and a majority of said trustees or directors shall be a quorum for the trans

action of business.

Secs. 701 to 703. "An act authorizing churches, religious and charitable associations to change their names and declaring the effect thereof." 1887, p. 341. In force July 1.

701. That any church, religious or charitable association or corporation existing now, or hereafter coming into existence, by virtue of any special charter from the legislature of this state or of the territory of Nebraska, or by virtue of the General Statutes of the state, may and hereby is authorized to change its name at any regular annual meeting of said association by a two-thirds affirmative vote of the members present at said meeting.

702. Public notice of such action by said church or association shall be given by publishing the same in some newspaper in general circulation in the county

where said church or association is located for three weeks successively next after said meeting, and by recording the minutes of said meeting in the same place as articles of incorporation are now by law required to be recorded.

703. The change of the name of any church or religious or charitable association under this act shall not in any manner impair the right, title, or interest in or to any property held by said association whose name becomes changed, and any incumbrance or liability created before said change shall remain unimpaired thereby.

Sec. 704 formed sec. 60, ch. 25, R. S. 1866, p. 210.

704. When any real estate shall have been or may hereafter be bequeathed, aliened, donated, or otherwise entrusted to any religious society in this state, or to any of the trustees or officers of any such society, and such society shall be desirous to sell, exchange, or incumber, by mortgage or otherwise, any such real estate, it shall be lawful for the district court of the proper county, upon good cause shown upon petition of any such society, or some person authorized by them, to make an order authorizing, the sale or incumbrance of any such real estate, and said court may include in such order directions how the proceeds of such sale or incumbrance shall be appropriated or invested; Provided, Such order shall in no case be inconsistent with the original terms upon which such real estate became invested or entrusted to such religious society.

Sale may be enjoined by contributors to building fund where latter would be diverted from intended use. 27, 397–8 (43 N. W., 174).

Miscellaneous.

Secs. 705 to 707. "An act to enable associations of persons of the learned professions to become bodies corporate." 1877, p. 119. In force June 1.

705. All associations of members of the professions of law, medicine, or divinity now existing, or which may hereafter be formed, may become incorporated and have all the powers, rights, duties, and liabilities of corporations for the attainment of their respective objects, by filing in the office of the secretary of state a copy of their constitution and by-laws duly attested by their president or presiding officer and countersigned by their secretary.

706. All such associations shall upon their organization elect an executive council of not less than three nor more than six persons, who, together with the president and secretary of such association, shall constitute the trustees or directors, and perform the duties and have the powers defined in sections forty-two and fortyfour of chapter eleven, entitled "Corporations" [698 and 700].

707. Such associations may have and use a seal with such devices as may be proper, and change the same at pleasure.

Secs. 708 to 716. "An act to authorize the incorporation of detective associations, to provide for bonds of collection and awards by, to prescribe their powers, duties, and liabilities, prevent frauds by, and punish false pretenders." 1885, p..189. In force March 5.

708. Whenever any number of persons associate themselves together for the purpose of carrying on the detective or secret service business for pay, they shall make a certificate in writing, subscribed and verified by the oaths or affirmations of all the members thereof, showing the full name and place of residence of each, the name and style by which such association shall be called, and the name of the town and county where their principal office shall be located, which certificate shall be filed in the office of the secretary of state, to be by him preserved and recorded in his office in the manner hereinafter provided.

709. Within thirty days from the date of filing the certificate as provided in

section one of this act [708], the members of such association shall execute and deliver to the secretary of state a bond for the state of Nebraska in the penal sum of ten thousand (10,000) dollars, signed by all the members of such association, with a number of sureties equal to two for each member of said association, which sureties shall severally justify in sums aggregating the sum of ten thousand (10,000) dollars as hereinafter provided, conditioned for the faithful performance by such association of all the duties of their employment as prescribed in this act, and each member of such association shall make an oath or affirmation, to be endorsed on such bond and subscribed by him before some officer authorized to administer oaths and by him certified thereon, that he will support the constitution of the United States, and the constitution of the state of Nebraska, and will faithfully and impartially discharge the duties of a detective as prescribed in this act. Upon the receipt of such bond by the secretary of state he shall file the same, to be preserved in his office, and shall certify in writing that such association has complied with the law authorizing the incorporation of detective associations, and affix thereto the great seal of the state of Nebraska, attest the same, and record such certificate, together with the certificate and bond filed by such association, in a book to be kept for the purpose, and shall within five days thereafter, deliver said certificate issued by him to some member of said association, or mail the same, properly sealed, stamped, and addressed, to said association at the town where their principal office is located, and upon receipt of such certificate it shall be the duty of such association, before transacting any business, other than to meet for such purpose, to elect a chief and secretary, who shall continue in office until their successors are elected and qualified.

710. The justification of sureties on the bond required by section two of this act shall be an oath or affirmation endorsed on such bond to the effect that each of said sureties is a resident and freeholder of the state of Nebraska and is worth at least the sum in which he justifies, over and above all debts and liabilities by him owing, and all property exempt by law from levy and sale on execution, which oaths or affirmations shall be subscribed by the sureties and taken before and certified to by some officer authorized to administer oaths.

poses

711. When any detective association shall be incorporated under the provisions of the three preceding sections of this act, such association is authorized to engage in the secret service or detective business through and in the name of such association, and shall be deemed a body corporate limited, without successors, and they may sue and be sued, plead and be impleaded, in all courts of law and equity in and by their corporate name, and may have a corporate seal and may alter the same at will, and may acquire and hold such property as they may deem expedient or necessary, whether it be real, personal, or mixed, for the uses and purof their employment as defined in this act, and may employ any number of persons to assist them, but it shall be the duty of such association to deliver to every person employed by them a certificate showing the date of their employment, the name of the association, and the time for which such person is employed, which certificate shall be signed by the chief and attested by the secretary of such association; Provided, however, That whenever any person shall be admitted to such association as a member and not an employee, such association shall file a new certificate and bond in the office of the secretary of state, and at the expiration of every five years from the date of the last certificate issued to such association they shall make and file in the office of the secretary of state new bond and certificate, and in either case such new certificate and bond shall be in all respects the same as that required by the first three sections of this act and verified and recorded in the same manner.

712. It shall be the duty of the members and employes of every detective association incorporated under the provisions of this act, to preserve inviolate all secrets of state which may come to their knowledge, and all secrets confided to them in the course of their employment, unless required in the furtherance of justice to divulge the same in courts of examination, trial, or impeachment, to aid executive, judicial, and police officers in preventing crime, the pursuit, identification, arrest, and conviction of secret offenders and fugitives from justice, and to report to the chief any information or threatened insurrection against the state which may come to their knowledge, which chief shall forthwith convey such information to the governor, and upon the request of any magistrate within the county where the principal office of such association shall be located, it shall be the duty of such members thereof to execute all writs issued by such magistrate upon information against any person prosecuted by the state of Nebraska, for any offense punishable by fine, imprisonment, or death.

713. When any magistrate shall require a member of any detective association incorporated under the provisions of this act to execute any writ as provided in section five [712], it shall be the duty of such magistrate to direct such writ to the chief of such association, and the return thereon shall be verified in the same manner as provided by law for returns of such writs by sheriffs, and shall be signed by the chief's name and the name of the association, and if served by any other member than the chief, he shall add to the name of the chief and the association his name as associate, and such return shall be entitled to the same credit as returns by sheriffs, and when actually engaged in such service the members of such association shall have the same authority given by law to sheriffs in discharge of like duties, and such association shall be entitled to the same fees and mileage, to be taxed and collected in the same manner as provided by law for the payment of fees to sheriffs.

714. The members of every detective association incorporated under the provisions of this act, and their sureties, shall be liable on the bond of such association in damages to the party injured for loss of or damages to any money, property, or thing of value which may come into their possession, or the possession of their employes, in the course of their employment, and for the escape of any prisoner in their charge, if such loss, damage, or escape is caused by the negligence or misconduct of any member or employe of such association, which damages may be recovered in any court of competent jurisdiction in the county where the principal office is located, according to their certificate on file in the office of the secretary of state; Provided, That such association may have a lien on any stolen money or property recovered by them for the amount of the reward publicly offered or agreed in writing to be paid, and may refuse to deliver such money or property to the person offering such reward until the payment of the same be made.

715. Any detective association incorporated under the provisions of this act may be dissolved by two-thirds of the living members thereof making and filing in the office of the secretary of state a certificate showing the names of all the members, the date of their incorporation, and the name of the association, the names of any member who may be dead or has absconded or severed his connection with the association, declaring it their intention to dissolve such corporation at a time to be named in such certificate, which time shall not be less than forty days after the first publication of such certificate in the manner hereinafter provided; such certificate shall be subscribed and verified by the oaths or affirmations of two-thirds of the living members of such association and published four consecutive weeks in some newspaper printed and of general circulation in the county where their principal office is located, and if no such paper be printed in said county, then in some

paper printed and of general circulation in the county where the capital of the state is located; Provided, however, That a failure for more than thirty days after the association of a new member, or the expiration of five years, to file a new certificate and bond as provided in section four of this act shall work a dissolution of such corporation, and upon the dissolution by operation of law or action of the members of such association, all the property and effects of every nature belonging to such association shall descend to and be vested in the members thereof jointly.

716. Any person who shall in the name of, or by virtue of, their association with or employment by any detective association incorporated under the provisions of this act engage in the secret service for pay, or offer to any other person their services as a detective, without having first complied with the requirements of the first three sections or having received a certificate of their employment, as provided in section four of this act [711], shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding fifty ($50) dollars or imprisoned in the county jail not to exceed thirty days, and any person who shall, by means of such false and fraudulent pretended association with or employment by any detective association, incorporated under the provisions of this act, obtain from any other person any goods, merchandise, money, property, effects, or other thing of value, if the property or money so fraudulently obtained be the value of thirty-five ($35) dollars or upwards, such person so offending shall be imprisoned in the penitentiary not more than five years nor less than one year; but if the value of the property be less than thirty-five ($35) dollars, the person so offending shall be fined in any sum not exceeding one hundred dollars or be imprisoned in the county jail not exceeding sixty days, and be liable to the party injured for the damages sustained.

CEMETERY ASSOCIATIONS.

Secs. 717 to 725 formed secs. 45 to 53, ch. 25, R. S. 1866, p. 205.

717. It shall be lawful for any number of persons, not less than five, who are residents of the county in which they desire to form themselves into an association, to form themselves into a cemetery association, and to elect any number of their members, not less than three, to serve as trustees, and one member as clerk, who shall continue in office during the pleasure of the society; all such elections shall take place at a meeting of a majority of the members of such association, and after notice for at least twenty days in a newspaper, or by posting at least three written notices at public places in the township.

718. The clerk, herein before authorized to be appointed, shall forthwith make out a true record of the proceedings of the meeting provided for by the preceding section, and certify and deliver the same to the clerk of the county in which such meeting shall be held, together with the name by which such association shall desire to be known; and it shall be the duty of each county clerk in this state, immediately upon the receipt of such certified statement, to record the same in a book by him provided for that purpose, at the expense of the county; and the clerk shall be entitled to the same fees for his services as he is entitled to demand for other similar services; and from and after the making of such record by the county clerk, the said trustees, and their associated members and successors, shall be invested with the powers, privileges, and immunities incident to aggregate corporations; and a certified transcript of the record, herein authorized to be made by the county clerk, shall be deemed and taken in all courts and places whatsoever within this state as prima facie evidence of the existence of such cemetery association.

719. The trustees who may be appointed under the provisions of this subdivision shall have perpetual succession, and shall be capable in law of contract