[HISTORY: Adopted by the New York State Legislature as Chapter 814
of the Laws of 1948.]
GENERAL REFERENCES
Cemeteries — See Ch. 65.
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AN ACT
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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.
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The People of the State of New York, represented in Senate and Assembly,
do enact as follows:
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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.
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§ 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.
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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.
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§ 3. The board shall have power to make rules and regulations
for the following purposes:
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1.
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To regulate the burial of the dead.
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2.
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To provide for the duties and qualifications of a superintendent and
other employees.
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3.
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To fix and regulate the fees or other charges to be paid for graves.
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4.
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For keeping and retaining bills of mortality and for all other matters
connected with cemeteries when it may deem proper.
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§ 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.
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§ 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.
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§ 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.
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§ 7. This act shall take effect immediately.
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(As amended L. 1954, c. 508, § 1)
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