§ 9 — Removal of human remains from one cemetery of a religious corporation to another cemetery owned by it

New York § 9

• Jurisdiction: New York
• Law RCO: Religious Corporations
• Art. 2: General Provisions

Text

§ 9. Removal of human remains from one cemetery of a religious\ncorporation to another cemetery owned by it. A religious corporation,\nnotwithstanding the restrictions contained in any conveyance or devise\nto it, may remove the human remains buried in a cemetery owned by it, or\nwhen such church corporation is situated within or outside of a city in\nthe grounds surrounding the church belonging to such corporation, to\nanother cemetery owned by it, or to a plot or lot acquired by it in any\nother cemetery located in the same county, or in any town adjoining the\ntown or city in which the cemetery wherein such human remains are buried\nis located, if the trustees thereof so determine, and if either\nthree-fourths of the members of such corporation, qualified to vote at\nits corporate meetings, sign and acknowledge and cause to be recorded in\nthe office of the clerk of the county in which such cemetery or a part\nthereof is situated, a written consent thereto, or if approval thereof\nbe given by the vote of three-fourths of those members of such\ncorporation qualified to vote, who shall be present and vote thereon, at\na corporate meeting of such corporation, specially called for that\npurpose, a quorum of at least eight qualified voters being present.\nProvided, however, that in lieu of such removal by such religious\ncorporation it shall be lawful for the surviving spouse or any heir of\nany decedent, upon obtaining permission of the county court of the\ncounty, or of the supreme court in the district, where the cemetery from\nwhich the removal is proposed, is situated, at his own expense to cause\nthe removal of such remains and tombstones, monuments or other erections\nand the reinterment of such remains and the replacement of such\ntombstones, monuments or other erections in some other cemetery selected\nby the applicant, the notice of which application for permission to be\ngiven in the manner and to those designated by the court. But if such\ncorporation be a church, previous notice of the object of such meeting\nshall be published once each week for at least four successive weeks in\na newspaper of the town, village or city in which the cemetery from\nwhich the removal is proposed, is situated, or if no newspaper is\npublished therein, then in a newspaper designated by the county judge of\nsuch county. Such removal shall be made in an appropriate manner and in\naccordance with such directions as to the manner thereof, as may be\ngiven by the board of health of the town, village or city in which the\ncemetery from which the removal is made, is situated. All tombstones,\nmonuments or other erections at or upon any grave from which any remains\nare removed, shall be properly replaced or raised at the grave where the\nremains are reinterred. Such religious corporation may, in its\ndiscretion, erect one or more tombstones, monuments or other suitable\nmarkers appropriately inscribed as a memorial for all those decedents\nwhose remains shall not be found for removal or reinterment, but the\nsaid religious corporation shall make a certificate setting forth an\nexact copy of all inscriptions on each tombstone, monument, or other\nerection which shall not be replaced or raised because of failure to\nfind remains for removal and reinterment, and shall file the same in the\ncemetery office or in the office of the town or city clerk of the town\nor city in which the cemetery from which removal is proposed, is\nsituated; all tombstones, monuments or other erections not so replaced\nor raised shall be disposed of by such religious corporation as it shall\ndetermine and such certificate, in addition to such inscriptions, shall\nstate the disposition so made.\n