such provisions of law are applicable. The actual expenses of the attorney-general shall be paid out of the "building and loan supervision fund" in carrying out the provisions of this section. (Laws 1897, p. 91.) ARTICLE XI. BENEVOLENT, RELIGIOUS, SCIENTIFIC, FRATERNAL-BENEFICIAL, EDUCATIONAL AND MISCELLANEOUS ASSOCIATIONS. SECTION 1394. Who may be incorporated. 1395. How incorporated. 1396. May have benefit of foregoing sec- 1397. What associations may incorporate. 1400. May be formed to execute trusts. 1402. Shall keep a record. 1403. Shall make by-laws, etc. 1404. This section may be incorporated in charter, when-purpose and effect. 1405. May acquire property, how-application of income. 1420. 1406. Miscellaneous associations, how formed. 1421. 1407. May be proceeded against by quo warranto, when. 1422. 1408. Fraternal beneficiary association, what is-government of-benefit fund-benefits to be paid to whom. 1409. Associations already formed to comply. 1410. Foreign associations. 1423. tained. How incorporated. Associations agents, when. shall not employ Contract of beneficiary to pay dues, effect of. Benefits not liable to attachment, execution or other process, etc. May provide for meeting of legislative body in any other statevotes of subordinate bodies in other states.. Penalty for false and fraudulent statements. Penalty for refusing or neglecting Failing to comply with article, SEC. 1394. Who may be incorporated.-Any number of persons not less than three, who shall have associated themselves by articles of agreement in writing, as a society, company, association or organization formed for benevolent, religious, scientific, fraternalbeneficial, or educational purposes, may be consolidated and united into a corporation. Such articles of agreement may be organic regu lations, or a constitution, or other form of association, and any corporate name, not already assumed by another corporation, may be chosen as the title of the corporation: Provided, always, that the purpose and scope of the association be clearly and fully set forth. (R. S. 1889, § 2821—w.) SEC. 1395. How incorporated. The persons holding the offices respectively of president, secretary and treasurer of the association, or other chief officers, by whatever name they may be (w) As to benevolent organization. 100 Mo. 36; 15 A. 597. Laws of a benevolent association form part of its contract with members. 26 A. 108. Pleasure club held to be created for educational purposes. 99 Mo. 552. Religious corporation defined. 27 A. 633. Effect of statutory limitation of beneficiaries. 59 A. 20. Validity of by-law for exemption from liabilities in cases of suicide. 59 A. 87; see 74 A. 490. Expulsion of member. 76 A. 387. Persons included in family of member of mutual benefit society. 67 A. 82. Insured in benefit society cannot divert the fund, how. 70 A. 161. Interest of beneficiary in certificate of a fraternal-beneficial association. 75 A. 402. As to deed to unincorporated company. 145 Mo. 622. Failure to pay dues as affecting one's "standing." 77 A. 47. Duration. 141 Mo. 29. Also see section 971, clause 1. known, shall submit to the circuit court having jurisdiction in the city or county where such association is located, the articles of agreement, with the petition praying for a pro forma decree thereon. If the court shall be of the opinion that such articles of agreement and the purposes of the association come properly within the purview of this article, and are not inconsistent with the constitution or laws of the United States, or of this state, the court shall enter of record an order to that effect, a certified copy of which order shall, by the clerk, be indorsed upon or attached to said articles. But no such order shall be made until such petition shall have remained on file in the clerk's office of said court for at least three days after said petition shall have been presented to the court; and whenever the judge to whom such petition shall have been presented shall entertain any doubt as to the lawfulness or public usefulness of the proposed corporation, it shall be his duty to appoint some competent attorney, as a friend of the court, whose duty it shall be to examine said petition and show cause, if any there be, on some day to be fixed by the court, why the prayer of said petition should not be granted, and said attorney shall not be confined in his examination to said petition and articles of association, but may introduce such testimony as may be available and proper in order to fully disclose the true purposes of the association; and upon the hearing thereof, the court shall make such further order granting or dismissing said petition as to it may seem best, and upon the granting of such petition, the petitioners shall cause the articles of agreement, with the certificate aforesaid, to be recorded in the office of the recorder of deeds of the county in which the association is located, and then filed in the office of the secretary of state. The secretary of state shall issue to the petitioners a certified copy of such articles of agreement, with the several certificates thereon as filed in his office, which certified copy shall be the charter of incorporation; and thereupon the petitioners, their associates and successors, shall be created and be a body corporate and politic, by the corporate name designated in such charter, and such charter, together with this article, shall be received in all courts and places as legal evidence of the incorporation of such association. (R. S. 1889, § 2822—x.) SEC. 1396. May have benefit of foregoing section, how. Any such society, order or association heretofore or hereafter incorporated under the provisions of the laws of this state, may avail itself of the benefits of the foregoing section (1408) by amending its constitution or articles of association or reincorporating thereunder, or by an amended constitution or amended articles of association in the manner prescribed by this act. (R. S. 1889, § 2824, amended, Laws 1897, p. 132.) SEC. 1397. What association may incorporate.-Any association formed for benevolent purposes, including any purely charitable society, hospital, asylum, house of refuge, reformatory and eleemosynary institution, fraternal-beneficial associations or any association whose object is to promote temperance or other virtue conducive to the well-being of the community, and, generally, any association formed to provide for some good in the order of benevolence, that is useful to the public, may become a body corporate and politic under this article; any association, congregation, society or church (x) 59 A. 264. organization formed for religious purposes, and any association formed to provide or maintain a cemetery; any school, college, institute, academy or other association formed for educational or scientific purposes, including therein any association formed specially to promote literature, history, science, information or skill among the learned porfessions, intellectual culture in any branch or department, or the establishing of a museum, library, art gallery, or the erection of a public monument, and in general, any association, society, company or organization which tends to the public advantage in relation to any or several of the objects above enumerated, and whatever is incident to such objects, may be created a body corporate and politic by complying with sections 1394 and 1395. (R. S. 1889, § 2825-y.) SEC. 1398. May amend charter, how. - Any corporation formed under this article, or any existing corporation formed for benevolent, religious, scientific or educational purposes, may amend its charter in any matter germane to such charter, by submitting the proposed amendment to the circuit court, and in other respects proceeding as required in section 1395, for the original articles of agreement. And upon the issuing of a certified copy of such amendment by the secretary of state, such amendment shall become and be part of the charter of such corporation, with like effect and validity as though originally incorporated in such charter. Any such corporation may, without losing its personal identity, change its corporate name as an amendment to its charter. (R. S. 1889, § 2826—z.) SEC. 1399. Dues, how collected.-The dues of members of corporations created under this article, as determined by their charters or by-laws, and any donations or subscriptions to which they may voluntarily obligate themselves, may be collected as any other debt; but over and above such dues or such subscriptions in no case shall any member be individually liable. (R. S. 1889, § 2827.) SEC. 1400. May be formed to execute trusts.- Corporations may be formed, under the provisions of this article, to execute any trust the purpose whereof is within the purview of this article, and may receive and take, by deed or devise, in their corporate capacity, any property, real and personal, for the uses and purposes of such trust, and execute the trust so created. (R. S. 1889, § 2828.) SEC. 1401. What associations not to incorporate under this article-company formed to erect building for use of society, may.-No association, society or company formed for manufacturing, agricultural or business purposes of any kind, or for pecuniary profit in any form, nor any corporation having a capital stock divided into shares, shall be incorporated under this article: Provided, that any company formed to erect a building for the exclusive use of a society within the purview of this article, without pecuniary consideration from such society, may become a body corporate under this article notwithstanding it has a capital stock in shares, and may receive subscriptions to such stock, to be paid in real estate, in money, porperty or services rendered to such company. (R. S. 1889, § 2829.) SEC. 1402. Shall keep a record.-Every corporation formed under this article shall keep a fair record of all its proceedings, which (y) 103 Mo. 477; 35 A. 123; 99 Mo. 552. (z) Charter of educational society may be amended, how. 67 A. 329. record shall be open, at all reasonable hours, to the inspection of all its members. (R. S. 1889, § 2830.) SEC. 1403. Shall make by-laws, etc.-Every corporation created under this article shall make by-laws for its government and support and the management of its property, and therein provide, unless such provision is already made in its charter, for the admission of new members and how they shall be admitted, and prescribe their qualifications. Provision may also be made in such by-laws for the removal of officers for cause, and for the expulsion of members guilty of any offense which affects the interests or good government of the corporation, or is indictable by the laws of the land: Provided, always, that such by-laws shall be comformable to the charter of such corporation and shall not impair or limit any provision thereof or enlarge its scope, and shall not be contrary to the provisions of the constitution or laws of this state. (R. S. 1889, § 2831-zz.) SEC. 1404. This section may be incorporated in charter, when-purpose and effect.-Any association or society formed for educational purposes as classified in section 1397, and as hereinafter limited, located in any city or town, may elect to provide in its articles of agreement, by incorporating this section in such articles, and in other respects conforming them thereto, that such corporation shall be, in all that relates to its property and all such it may acquire, a quasi trustee for the public, and as such may receive and take by deed or devise in its corporate capacity, any property, real and personal, in trust for the uses and purposes for which such corporation was formed, and execute any trust so created: Provided, that this section shall apply only, and it is hereby expressly limited, to such association or society as may be formed for the puropse of promoting historical studies or natural science, of establishing a museum, library or an art gallery, such educational and scientific purposes being cheifly for the advantage of the public where such corporation is located; and provided furthermore, that no corporation in whose charter is incorporated this section shall be permitted to amend such charter or to take advantage or avail itself of any change in the general law, in such way as to affect this section, and such charter shall be taken as a perpetual contract between such corporation and the public. It shall not be lawful for such corporation to create or contract any debt or pecuniary obligation in the nature of a debt; and any attempt to create or contract any such debt or obligation shall be, ipso facto, void.. Nor shall any such corporation mortgage, or deed in trust, any of its proprety, or sell any such property, except by way of exchange for property of equal value, or for reinvestment. If any such corporation dissolve, its property shall be vested in the city or town in which such corporation is located, to be taken and held for the benefit of the people of such city or town, to the same purposes, uses and trusts as such property was held by such corporation. Membership in such corporation shall be open to the public, under such reasonable rules and regulations as the corporation may prescribe in its by-laws. Every such corporation shall create and maintain an endownment fund, to remain perpetually intact, that means may thereby be provided for the stability and support of the corporation; and to this end all moneys voluntarily contributed as (zz) 65 A. 294; 64 A. 212; 56 A. 463; 41 A. 359; 36 A. 184; 28 A. 463; 26 A. 219. life membership, and by persons not residents of the locality where such corporation is located, who desire to be registered as members, and one-fourth of the current subscriptions from memberships, shall be set apart, until the moneys derived from these sources, together with such as lawfully come into such endowment fund from other sources, shall amount in the aggregate to at least two hundred thousand dollars. Such endowment fund may be invested in bonds of the United States, or of this state, or of the city or county in which the corporation is located, or in loans secured by mortgage on improved real estate situated in this state, but shall not be invested in securities or stock of any private trading or manufacturing corporation, or of any railroad company, or on any personal security, and the principal thereof shall not be encroached upon or expended by such corporation for any purpose. The museum, gallery and cabinets of such corporation shall be open to the public of this state, under such reasonable regulations as may from time to time be prescribed, and the contents of such museum, gallery or cabinets, or any portion thereof, shall not be loaned or taken out for exhibition or other purpose, on any pretext whatever. Any existing corporation formed for purposes within the purview of this section, and whose charter is in harmony therewith, shall be empowered to adopt the same as an amendment to such charter, under the provisions of section 1398. (R. S. 1889, § 2832-a.) SEC. 1405. May acquire property, how-application of income.—It shall be lawful for any corporation which maybe crganized under this article, or any existing corporation the purposes whereof are included in those mentioned in section 1397 hereof, to acquire, by subscription, purchase, devise or gift, shares of stock in any stock company which shall hereafter be incorporated under and pursuant to the laws of this state, for the sole purpose of erecting or purchasing a hall or building for the use and benefit of any one or more of such corporations, as mentioned in section 1397, and to hold such stock as personal property, and to enjoy the rights and privileges appertaining to such ownership: Provided, that the stock corporation erecting or purchasing such hall or building for the purpose aforesaid shall not permit the same to be occupied or used by any person or corporation for any purpose not included among those specified in section 1397, except so much of said building as may be necessarily rented for business purposes, in order to secure a sufficient revenue to provide for the expenses of the care and maintenance of said property, and for annual dividends not to exceed five per cent. upon the capital stock thereof, and every such stock corporation as herein before mentioned shall, in the articles of association thereof, expressly declare its sole purposes to be such as above provided for; and provided further, that any corporation, the purposes whereof are included in section 1397 hereof, may acquire and hold in its own name such real estate and buildings as may be necessary for assembly, library, laboratory and other rooms requisite for its purposes, and may receive income from such other rooms as may be requisite to the completeness of such buildings; but such income shall be applied to the purpose of such corporation as defined in section 1397. (R. S. 1889, § 2833.) SEC. 1406. Miscellaneous associations, how formed. Any association formed for the purpose of establishing a gymnasium, (a) As to certificate limiting time of bringing suit. 74 A. 490. |