§ 295. Property in trust.

The board of cemetery commissioners of a village may take and hold any property given, bequeathed, or devised to it in trust, to apply such property or the income thereof for the improvement or embellishment of such cemetery, or the erection or preservation of a building, structure, fence or walk therein, or for the renewal, erection or preservation of a tomb, monument, stone, fence, railing or other erection or structure, on or around any lot therein or the planting or cultivation of trees, shrubs, flowers or plants in or about a lot therein or for otherwise caring for and maintaining a lot therein, according to the terms of such grant, devise or bequest.

$296. Annual report of cemetery commissioners.

Between the first and fourth day of March in each year, the board of cemetery commissioners shall file with the village clerk a report containing a statement of the following facts:

1. The amount of money on hand at the beginning of the preceding fiscal year, and the receipts from all sources during such year.

2. An itemized statement of the amount paid out during such year and the balance on hand.

3. The outstanding indebtedness of the department, either bonded or otherwise, separately stated.

4. The estimated deficiency in the amount necessary to pay principal or interest or the expenses of the department during the next fiscal year, after applying thereto the probable amount available from the cemetery fund.

5. The improvements made during such preceding year and the general condition of the cemetery.

6. The number of interments made since their last annual report.

7. Such other facts as the board deems important for the information of the village, together with such recommendations concerning the department as may be deemed proper.

[L. 1871, ch. 696, § 1; R. S., 9th ed., 2325,

which requires cemetery commissioners to report to the board of trustees. This section provides for a fuller report, filed with the village clerk.]

LAWS 1879, CHAPTER 310.

§ 1. Land not to be sold on execution or mortgaged.

No land actually used and occupied for cemetery purposes shall be sold under execution or for any tax or assessment, nor shall such tax or assessment be levied, collected or imposed, nor shall it be lawful to mortgage such land, or to apply it in payment of debts, so long as it shall continue to be used for such cemetery purposes.

§ 2. Lien after use has ceased.

Whenever any such land shall cease to be used for cemetery purposes, any judgment, tax or assessment which, but for the provisions of this act, would have been levied, collected or imposed, shall thereupon, forthwith, together with interest thereon, become and be a lien and charge upon such land, and collectible out of the same. (Laws of 1879, ch. 310.)

LAWS 1870, CHAPTER 760.

1. Trustees may acquire title to lands for cemeteries out of the village.

It shall be lawful for the common council of any city, the trustees of any incorporated village, or the trustees of any incorporated cemetery associa tion in this state (although such cemetery is disconnected from and out of the limits of any city or village), to acquire by deed, devise or otherwise, such land as it may require for burial purposes and the proper ornamentation in connection therewith, or land for such purposes, in addition to such land as it may already hold, or is authorized to hold; and to hold, use and possess the same in like manner with the like rights, privileges and authority, and subject to the like duties and liabilities as apply to the other lands so held by said city, village or cemetery incorporation. (As am. Laws 1875, c. 206.)

§ 2. The provisions of this act shall not apply to the counties of New York, Kings, Queens and Westchester. (As amended by ch. 518, L. 1892.)

See Bennett v. Chriswell, 27 Hun, 554.

§ 2. By eminent domain; expenses.

If the said common council or board of trustees of any such village or association shall be unable to agree with the owner or owners of such land for the purchase thereof, the said common council or board of trustees of such village or association may proceed to acquire the title thereto in the manner so far as applicable, prescribed by chapter 140 of laws of 1850,

entitled, "An act to authorize the formation of railroad corporations and to regulate the same," and the several acts amendatory thereof and supplemental thereto. The amount paid for such lands, by such common council or board of trustees of a village as aforesaid, and all the expenses attending the same, with the expense of fencing and improving the same, shall be assessed and collected by a general tax upon all the taxable property of such city or village, in the same manner as other city or village taxes are assessed and collected. In the case of a rural cemetery association, the said amount shall be raised and paid as other expenses of such association.

§ 3. May Borrow money.

The common council of said cities, and the board of trustees of said village and association, are authorized to borrow the sum of money provided for by the second section of this act, and in anticipation of the tax aforesaid, or so much thereof as may be necessary to purchase the burial lot as aforesaid, and procure a good title in fee to the same. 1870, ch. 760, amending ch. 727, L. 1869.)

§ 4. Lot owners' rights.

(Laws of

Lots in such cemeteries shall be held indivisible, and upon the decease of a proprietor of such lot the title thereto shall descend to his heirs-at-law or devisees, subject, however, to the following limitations and conditions: If he leaves a widow and children, they shall have in common the possession, care and control of such lot during her life. If he leaves a widow and no children, she shall have the possession, care and control of such lot during her life. If he leaves children and no widow, they, or the survivor of them, shall in common have the possession, care and control of such lot during the life of the survivor of them. The parties having such possession, care and control of such lot during the term thereof, may erect a monument and make other permanent improvements thereon. The widow shall have the right of interment, for her own body in such lot, or in a tomb in such lot and a right to have her body remain permanently interred or entombed therein, except that her body may be removed therefrom to some other family lot or tomb with the consent of her heirs. At any time when more than one person is entitled to the possession, care and control of such lot, the persons so entitled thereto shall designate in writing to the clerk of the corporation which of their number shall represent the lot, and on their failure to designate, the board of trustees or directors or commissioners of the corporation or commission shall enter of record which of said parties shall represent the lot, while such failure continues. The widow may at any time release her right in such lot, but no conveyance or devise by any other person shall deprive her of such right.

§ 5. The provisions of this act shall apply to all cemetery corporations mentioned in section one of this act and also to the cemetery corporations provided for in article three of the membership corporations law, and also to cemeteries belonging to religious corporations. (Added 1898, c. 543.) NOTE-Chapter 727 of 1869 is entirely superseded by the above act.

PENAL CODE.

$ 383. Equal rights in cemeteries.

I. Excludes a citizen of this state, by reason of race, color or previous condition of servitude, from the equal enjoyment of any accommodation,

facility or privilege furnished by

tions. (Penal Code.)

or by cemetery associa

§ 640, Subd. 10. Wilful killing of birds, etc., in cemeteries. A person who wilfully kills, wounds or traps any bird, deer, squirrel, rabbit or other animal, within the limits of any cemetery or public burying ground, or of any public park or pleasure ground, or removes the young of any such animal or the eggs of any such bird, from any cemetery, park or pleasure ground, or exposes for sale, or knowingly buys or sells any bird or animal so killed or taken, is punishable by imprisonment not exceeding six months, or a fine not exceeding two hundred and fifty dollars or both. (Penal Code.)

§ 647. Injury to graves, monuments, etc.

A person who, 2. Not being the owner thereof, and without lawful authority, wilfully injures, disfigures, removes or destroys a grave stone, monument, work of art, or useful or ornamental improvement, or any shade tree or ornamental plant, whether situated upon private ground, or upon a street, road or sidewalk, cemetery or public park or place, or removes from any grave in a cemetery any flowers, memorials or other tokens of affection, or other things connected with them, is guilty of a misdemeanor. (Penal Code.)

§ 196. (Town Law) Burial grounds in annexed towns.

Any town the whole of which has been or shall hereafter be annexed to or consolidated with any city, village or other town, and which previous to such annexation or consolidation shall have purchased and maintained a burying ground or grounds as public property of such town, but which ground or grounds shall not have been conveyed to trustees as provided in section one of chapter forty-six of the laws of eighteen hundred and seventy-three, or section one hundred and ninety-three of this chapter, but which ground or grounds are or were at the time of such annexation or consolidation under the charge of the town board of said town, as public property thereof, then the rights and powers conferred by section one hundred and ninety-three of this chapter, on a meeting of the electors of such town to elect three or five persons as trustees of said burying grounds, and on the supervisor of such town to convey the land embraced in such grounds to such trustees, shall devolve upon the mayor or other chief magistrate of the city or village or other town with which such town shall have been or may hereafter be consolidated or annexed; and on the petition of not less than twenty citizens, each of whom shall have been a resident of such town for at least two years previous to such annexation or consolidation, the mayor or other chief magistrate of the city, village, or town to which such town shall have been annexed or with which it shall have been consolidated, shall appoint three or five persons, each of whom shall have been a citizen of such annexed or consolidated town for at least two years previous to such annexation or consolidation, as trustees of such burying ground or grounds, and shall cause the lands embraced and included in such burying ground or grounds to be conveyed to such trustees and their successors in office as provided in section one hundred and ninety-three of this chapter, and such trustees and their successors shall have the same powers and perform the same duties as trustees elected at a town meeting as provided in sections one hundred and ninety-three and one hundred and ninety-four of this chapter.

$197. (Town Law.) Term of office of trustees.

The term of office of trustee so apointed shall be fixed by the appointing officer and he shall fill any vacancy that may occur in said board. The trustees shall each furnish a bond satisfactory to the appointing officer for the faithful performance of their duties, and shall render an annual report of the financial officer of the municipality, of all receipts and disbursements of money and of all investments of surplus funds to the credit of the burying grounds in their charge.

(Amended Chap. 320, Laws 1901.)

ARTICLE XII.

REINCORPORATION UNDER THIS CHAPTER.

SECTION 300. Reincorporation of special village under this chapter.

301. Notice of conduct of election.

302. Certificate of election.

303. Effect of reincorporation.

304. Determination of number of trustees.

§ 300. Reincorporation of special village under this chapter. A village incorporated by special law and subject to its provisions may be reincorporated under this chapter by adopting a proposition therefor. Such a proposition may be submitted at an annual election or at a special election to be called for that purpose.

The board of trustees of such a village may, upon its own motion and shall upon the petition of twenty-five electors assessed upon the last assessment roll of the village, cause to be submitted at a village election a proposition for such reincorporation. The ballots to be used at such an election may be written or printed, and shall contain either the words "For the reincorporation of the village of (naming it) under the village law, or against the reincorporation of the village of (naming it) under the vilage law.