§ 164 — Abandonment of cemeteries in cities of less than one million

New York § 164

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 8: Cemeteries

Text

§ 164. Abandonment of cemeteries in cities of less than one million.\nUpon a verified petition presented to a judge of a court of record by\nthe common council of any city of less than one million, the judge to\nwhom said verified petition was presented shall make an order to show\ncause, returnable before him at a time and place within the county in\nnot less than twenty days from the date of presentation of said\npetition, why the remains of any deceased person buried in potters\nfield, or in any neglected or abandoned cemeteries in which no deceased\nperson shall have been interred within twenty years, should not be\nremoved to and reinterred in a properly kept incorporated cemetery in\nthe same city or in a town or city adjoining the city in which the\nremains of each deceased person or persons are buried, or in lands owned\nby said city for cemetery purposes, and to fix the amount of expenses\nfor such removal and reinterment and the order to show cause shall\nprovide for its publication in a newspaper, to be designated in the\norder, which is published nearest to the cemetery from which the removal\nis to be made, once in each week for two successive weeks. The verified\npetition presented to the judge shall show that the petitioner is the\ncommon council of the city in which said cemetery is located and (1) the\nname of the deceased person or persons whose remains are sought to be\nremoved, if known; (2) the name and location of the cemetery in which he\nis interred and from which removal is asked to be made; (3) the name and\nthe location of the incorporated cemetery to which the remains are\ndesired to be removed and reinterred; (4) the facts showing the reasons\nfor such removal. Upon the return day of the order to show cause and at\nthe time and place fixed in said order, upon filing proof of publication\nof the order to show cause with the judge, if no objection is made\nthereto, he shall make an order directing the removal of the remains of\nsaid deceased person or persons to the cemetery designated in the\npetition within the city or within a town or city adjoining said city in\nwhich the remains are then buried and shall specify in the order the\namount of the expenses of such removal, which expenses of removal and\nreinterment, including the expense of the proceeding under this section,\nshall be a charge upon the city in which the cemetery is situated from\nwhich the removal is made and such expenses shall be a city charge and\naudited and paid in the same manner as other charges. On or after the\nremoval and reinterment of the remains of any deceased person or\npersons, the expenses for annual care of the grave in the cemetery to\nwhich the removal is made shall be annually provided by the city in\nwhich the remains were originally buried at a rate not to exceed fifty\ncents per grave, and shall be paid annually to the incorporated cemetery\nassociation to which the remains of each deceased person may be removed\nor reinterred unless said remains have been removed to lands owned by\nsaid city for cemetery purposes, in which case such payment shall be\nmade under the provisions of the city ordinance providing for the care\nand upkeep of said cemetery lands owned by said city. Any city owning a\nlot or lots in a cemetery maintained by an incorporated cemetery\nassociation in which the remains of the deceased persons have been or\nmay be buried pursuant to this section, however, may pay such\nassociation an amount sufficient to provide perpetual care therefor.\nThe petition and order shall be filed in the county clerk's office of\nthe county in which the remains of the deceased person were originally\ninterred, and the service of a certified copy of the final order upon\nthe cemetery association shall be made prior to any removal. Any\nrelatives of the deceased person or the officer of any cemetery\nassociation in which the remains of deceased person were originally\ninterred may oppose the granting of said order and the judge shall\nsummarily hear the statement of the parties and make such order as the\njustice and equity of the application shall require. Any headstone or\nmonument which marks the grave of the deceased person shall be removed\nand reset at the grave in the cemetery to which the removal is permitted\nto be made and in each case the final order shall provide the amount of\nexpenses of such removals and reinterment and resetting of the\nheadstones or monument, including the expenses for the proceedings under\nthis section; except that where provision is otherwise made for the\npurchase or erection of a new headstone, monument or marker at the grave\nin the cemetery to which said removal is permitted, such old headstone\nor monument need not be so removed and reset in which case the final\norder shall not provide for the expense of resetting. The order shall\ndesignate the person or persons having charge of the removals or\nreinterments. Upon completion of the removal, reinterment or resetting\nthe headstones or monuments, the person or persons having charge of same\nshall make a verified report of the removal, reinterment, and resetting\nof the headstone or monument and file the report in the clerk's office\nof the proper county.\n After said bodies shall have been removed and reinterred in the manner\nprescribed by said order, said lands in which such deceased persons were\noriginally interred shall be available for and subject to such uses for\ncity purposes as the common council of such city may determine and may\nbe conveyed or otherwise disposed of in the same manner as other city\nlands.\n