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New York · Through 2026-09-11

N.Y. Benevolent Orders Law § 3: Powers

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Where this section sits in the code
  1. Benevolent Orders Law
  2. Article 2. General Provisions

§ 3. Powers. Such trustees or executive committee may take, hold and

convey by and under the direction of such lodge, chapter, commandery,

consistory, council, temple, grotto, post, tribe, aerie, camp, tent,

nest, encampment or canton, or Degree of Pocahontas council all the

temporalities and property belonging thereto, whether real or personal,

and whether given, granted or devised directly to it or to any person or

persons for it, or in trust for its use and benefit, and may sue for and

recover, hold and enjoy all the debts, demands, rights and privileges,

and all buildings and places of assemblage, with the appurtenances, and

all other estate and property belonging to it in whatsoever manner the

same may have been acquired, or in whose name soever the same may be

held, as fully as if the right and title thereto had been originally

vested in them; and may purchase and hold for the purpose of the lodge,

chapter, commandery, consistory, council, temple, grotto, aerie, post,

tribe, camp, tent, nest, encampment or canton, or Degree of Pocahontas

council, other real and personal property, and demise, lease and improve

the same. Such trustees or executive committee may also issue their

bonds or other evidences of indebtedness in such amounts and for such

time and in such form as they shall determine either for the purpose of

raising money to pay for any real estate purchased and held by them, and

for the improvement of the same, as hereinbefore provided, or for any

other past indebtedness, and may mortgage such real estate for the

purpose of securing the bonds or other evidences of indebtedness so

issued by them. Bonds and mortgages for other than moneys to pay for

such real estate and the improvement thereof as above, shall only be

issued after an order of the supreme court permitting and allowing same

upon petition of all the trustees of the property of such executive

committee of the lodge, chapter, commandery, consistory, council,

temple, grotto, aerie, post, camp, tent, nest, encampment or canton. The

petition shall briefly state the purposes and reason for same and shall

state that the petition is made by and under the direction duly had or

given at a regular or state communication, convocation, encampment or

meeting thereof according to its constitution and general regulations.

The court may permit and allow the issuance of said bonds and mortgages

by the trustees or executive committee if it deems the same proper and

for the best interests of the said lodge, chapter, commandery,

consistory, council, temple, grotto, aerie, post, camp, tent, nest,

encampment or canton. The order shall provide that the moneys shall be

applied and expended for the same purposes set forth in the petition.

The proceeds of such bonds or other evidences of indebtedness shall be

applied exclusively to the purpose for which the same was borrowed

either to pay for such real estate and the improvement thereof or any

other past indebtedness. Every such lodge, chapter, commandery,

consistory, council, temple, grotto, post, tribe, aerie, camp, tent,

nest, encampment or canton, or Degree of Pocahontas council, may make

rules and regulations, not inconsistent with the laws of this state, or

with the constitution or general rules or laws of the grand lodge or

other governing body to which it is subordinate, for managing the

temporal affairs thereof, and for the disposition of its property and

other temporal concerns and revenue belonging to it, and the secretary

and treasurer thereof, duly elected and installed according to its

constitution and general regulations and law, shall, for the time being

be ex-officio its secretary and treasurer. No board of trustees or

executive committee for any lodge, chapter, commandery, consistory,

council, temple, grotto, aerie, post, tribe, camp, tent, nest,

encampment or canton or Degree of Pocahontas council, filing the

certificate aforesaid, shall be deemed to be dissolved for any neglect

or omission to elect a trustee or member of such executive committee,

annually, or fill any vacancy or vacancies that may occur or exist at

any time in said board or committee, but it shall and may be lawful for

said lodge, chapter, commandery, consistory, council, temple, grotto,

aerie, post, tribe, camp, tent, nest, encampment or canton, or Degree of

Pocahontas council, to fill such vacancy or vacancies at any regular

communication thereafter to be held, and till a vacancy arising from the

expiration of the term of office of a trustee or member of such

executive committee is filled, as aforesaid, he shall continue to hold

the said office and perform the duties thereof.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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