Town of Queensbury, NY
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the New York State Legislature as Chapter 814 of the Laws of 1948.]
GENERAL REFERENCES
Cemeteries — See Ch. 65.
AN ACT
In relation to the cemetery lands of the Town of Queensbury in the county of Warren, providing for the appointment of a board of cemetery commissioners of such Town and prescribing the powers and duties of such board and certain powers and duties of the Town board of such Town in connection therewith.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. There shall be a board of cemetery commissioners of the Town of Queensbury in the county of Warren, consisting of three members. The members of such board shall be appointed by the Town board. Of the members of such board first appointed, one shall be appointed for a term to expire June thirtieth, nineteen hundred forty-nine, one for a term to expire June thirtieth, nineteen hundred fifty, and one for a term to expire June thirtieth, nineteen hundred fifty-one. Their successors shall be appointed for a term of three years, and the term of each such member shall commence on the first day of July following the expiration of the term of office of his predecessor. Vacancies in the membership of such board occurring otherwise than by expiration of term shall be filled for the remainder of the unexpired term. The members of the board shall serve without compensation. The board shall meet at least once in each month and at such other times as may be determined by the said board.
§ 2. The board of cemetery commissioners shall have the entire management, supervision and control of the cemeteries and places provided for the burial of the dead, belonging to or under the control of the Town of Queensbury. Without limiting the effect of the foregoing general grant of powers, the board specifically shall have power to lay out into burial lots on any burial grounds now or hereafter belonging to the Town and not theretofore so laid out on the ground designated by the Town board of Queensbury to be used for burial purposes, and the board shall cause to be recorded in the office of the clerk of the county of Warren a plot or plots of the grounds laid out by them which shall clearly indicate the number and location of the several lots, which plots shall be duly certified to by a majority of the members of the board, and acknowledged before an officer authorized to take proof and acknowledgment of deeds. The board shall also have power to sell, grant and convey, in the name of the board of cemetery commissioners of the Town of Queensbury, any lot, piece, parcel or plot of land within the designated boundaries of any cemetery or burial grounds now or hereafter owned by the Town of Queensbury, to be used for burial purposes only. The Town clerk of the Town of Queensbury shall also keep a record and index in a book to be furnished by the Town board for such purposes, all deeds given by such board. Moneys realized from the sale of lots may be expended by the board improving and preserving the particular cemetery or burial grounds from the sale of whose lots the moneys were received.
Such board shall make an annual report of its activities and finances to the Town board of the Town of Queensbury. Such report shall be made on or before the thirtieth day of June in each year.
§ 3. The board shall have power to make rules and regulations for the following purposes:
1.
To regulate the burial of the dead.
2.
To provide for the duties and qualifications of a superintendent and other employees.
3.
To fix and regulate the fees or other charges to be paid for graves.
4.
For keeping and retaining bills of mortality and for all other matters connected with cemeteries when it may deem proper.
§ 4. The Town board of the Town of Queensbury shall annually appropriate in the Town budget and make available for expenditure as required by the board of cemetery commissioners such amounts as the Town board may determine to provide for the performance of such duties with respect to the care and maintenance of Town cemeteries and burial grounds. All work of permanent cemetery improvement authorized to be undertaken by the Town board pursuant to the Town law shall be performed by and under the direction and supervision of the board of cemetery commissioners and only in accordance with plans approved by the board of cemetery commissioners.
§ 5. Such board of cemetery commissioners may take and hold any property given, bequeathed or devised to it or to any particular cemetery in said Town under its control or, if expressly authorized by resolution duly adopted by affirmative vote of a majority of the members of the Town board of the Town of Queensbury, the board of cemetery commissioners may also hold and retain from the sale price of cemetery lots sold by it such amount as the Town board may by such resolution determine in trust, invest the same in securities in which savings banks are authorized to invest and apply such property or the income thereof for the improvement or embellishment of any cemetery or burial lot under its control for which such property is given, bequeathed or devised, 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. The board of cemetery commissioners shall have power to invest and reinvest such other moneys in its hands as it may determine which are not otherwise required for expenditure in securities in which savings banks are authorized to invest. The income derived from such investments shall be applied and used for any cemetery purpose.
§ 6. The provisions of this act shall be controlling, notwithstanding any inconsistent provision of the Town law or of any other general, special or local law.
§ 7. This act shall take effect immediately.
(As amended L. 1954, c. 508, § 1)