5 Limitation. 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. Id., § 2.

129 N. Y. 68; 41 N. Y. St. R. 247.

6 Exception. The provisions of this act shall not apply to any lands he'd by the city of Rochester. Id., § 3.

43 Hun, 129.

Rural Cemetery Associations.

7 Whenever any rural cemetery association duly incorporated under the laws. of this state, shall desire to dispose of its real estate and cease to be a cemetery association, it shall be lawful for it to dispose of its land and dissolve upon proving to the satisfaction of the supreme court of the district where its land has been located, that none of its land is now used for burial purposes; that all of its debts and liabilities have been paid; that all owners of lots, and parts of lots, and single graves in such ground consent to its abandonment for cemetery purposes, that all bodies buried in said cemetery have been removed therefrom and properly and decently interred in some other cemetery, and that all parties interested in such cemetery, whether as trustees, or as bondholders or creditors, consent thereto. The supreme court may, in its discretion, appoint a referee to take proofs with reference to the points above-named. Upon being satisfied that such cemetery association has complied with the conditions above-named, the court may make an order authorizing it to sell and dispose of its lands, and directing the dissolution of the association. L. 1895, c. 149, § 1.

[Note.- L. 1847, c. 133, § 4, as amended L. 1891, c. 382, and § 5, as amended L. 1890, c. 229, have not been specifically repealed, and, therefore, are given herewith.]

8 Any association incorporated under this act may take by purchase or devise, and hold, within the county in which the certificate of its incorporation is recorded, not exceeding two hundred acres of land, or such further quantity as the legislature has prescribed or may prescribe, to be held and occupied exclusively for a cemetery for the burial of the dead. Such lands or such parts thereof as may from time to time be required for that purpose shall be surveyed and subdivided into lots or plats of such size as the trustees may direct, with such avenues, paths, alleys, walks and ornamental plats as the trustees may deem proper, and a map or maps of such surveys shall be filed and kept in the office of the association open to the inspection of all persons. The trustees must fix and determine the prices of the burial lots or plats and the conditions and restrictions imposed upon the use of such lots or plats, and keep a copy of the schedule of such prices and of such conditions and restrictions plainly printed and publicly posted in the principal office of the association, open at all reasonable times to the inspection of all persons, and the trustees shall sell and convey the lots or plats designated on such maps upon payment of the prices so fixed and determined, subject to such conditions and restrictions as have been imposed upon the use of such lots or plats at that time adopted and thereafter to be adopted by the trustees of such association; provided, however, that the trustees shall not be required to sell and convey more than one lot or plat to any one person. But any city or town in which the lands of such association are situated and any incorporated village located wholly or in part in such town may purchase such reasonable number of lots or plats in such proper portion of the lands of such association for the interment of strangers and other persons who may die in such town or village. under such circumstances that it would be unreasonable to require payment for the privilege of making such interment; and such city, town or village or the county in which such lands are situated may also purchase such other lots or plats as may be proper for the suitable burial of such soldiers as shall be buried at public expense. The conveyances shall be executed under the common seal of the association and signed by the president or vice-president and treasurer of the

association. Any association incorporated under this act may hold personal property to an amount not exceeding five thousand dollars, or such further amount as the legislature has prescribed or may prescribe, besides what may arise from the sale of lots or plats. L. 1847, c. 133, § 4, as am'd L. 1891, c. 382.

122 N. Y. 429; 129 id. 68; 34 N. Y. St. R. 31; 41 id. 246.

9 The annual election for trustees to supply the place of those whose terms of office expire, shall be holden on the day mentioned in the certificate of incorporation and at such hour and place as the trustees shall direct, at which election shall be chosen such number of trustees as will supply the place of those whose terms expire. But the trustees of any corporation organized under this act shall have power, by resolution of a majority of all of said trustees, to change the time for the annual election of trustees, as fixed in their act of incorporation; but no such resolution shall take effect until sixty days after the same shall have been published six successive weeks, once a week, in some newspaper published in the city or county where the cemetery of the said association is situated, and a copy of said resolution, certified by the president and secretary thereof, shall have been filed in the office of the clerk of the county where their certificate of incorporation is recorded. The trustees chosen at any election subsequent to the first, shall hold their places for three years, and until others are chosen to succeed them. The election shall be by ballot, and every person of full age who shall be proprietor of a lot or plat in the cemetery of the association containing not less than ninetysix square feet of land, or if there are more than one proprietor of any such lot or plat then such one of the proprietors as the majority of joint proprietors shall designate to represent such lot or plat may either in person or by proxy give one vote for each plat or lot of dimensions aforesaid, and the persons receiving a majority of all the votes given at such election, shall be trustees to succeed those whose terms of office expire. If at any such election one-fifth in number of the said proprietors shall not, in person or by proxy, vote thereat, then the trustees to be chosen shall be elected and chosen by the existing trustees or a majority of them, unless such trustees to be chosen shall be elected and chosen by the votes of holders of unredeemed certificates or bonds given for the purchase or improvement of said cemetery grounds, pursuant to chapter one hundred and sixty-three of the laws of eighteen hundred and sixty; and the existing trustees shall in all cases hold their places until their successors are elected and qualified. But in all elections after the first the trustees shall be chosen from among the proprietors of lots or plats. But no proxy shall be voted upon at any election for trustees that has not been executed within ten months prior to such election, and the trustees shall have power to fill any vacancy in their number occurring during the period for which they hold their office. Public notice of the annual elections shall be given in such manner as the by-laws of the corporation shall prescribe. Id., § 5, as am'd L. 1890 c. 229.

10 Taxation; roads. The cemetery lands and property of any association formed pursuant to this act, and any property held in trust by it for any of the purposes mentioned in section nine of this act, shall be exempt from all public taxes, rates and assessments, and shall not be liable to be sold on execution, or be applied in payment of debts due from any individual proprietor. But the proprietors of lots or plots in such cemeteries, their heirs or devisees, may hold the same exempt therefrom, so long as the same shall remain dedicated to the purposes of a cemetery, and during that time no street, road, avenue or thoroughfare shall be laid out through such cemetery, or any part of the lands held by such association for the purposes aforesaid, without the consent of the trustees of such association, except by special permission of the legislature of the state. Id., § 10, as am'd L. 1877, c. 31.

19 Am. Rep. 78; 11 Abb. Pr. N. S. 64; 4 Lans. 484; 57 Ill. 363; s. c. 11 Am. Rep. 211; 46 N. Y. 503; 122 id. 429: 129 id. 68; 62 Hun, 499; 43 id. 127; 38 N. Y. St. R. 599; 41 id. 246, 42 id. 838; 45 id. 215.

Acquisition of Additional Lands for City, Village and Rural Cemeteries. 11 Acquisition of lands for cemetery purposes. It shall be lawful for the common council of any city, the trustees of any incorporated village, or the trustees of any incorporated cemetery association, 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. L. 1870, c. 760, § 1, as am'd L. 1873, c. 452, L. 1875, c. 206, and L. 1892, c. 518.

Note. The provisions of this act shall not apply to the counties of New York, Kings. Queens, and Westchester. L. 1892, c. 518, § 2.

12 Taking compulsorily; expenses. If the said common council or board of trustees of such village or association shall be unable to agree with the owner or owners of such lands 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 is applicable, prescribed by chapter one hundred and forty of laws of eighteen hundred and fifty, entitled "An act to authorize the formation of railroad corporations, and to regulate the same," and the several acts amendatory thereof, and supplementary 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 expenses 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. Id., § 2.

13 Borrowing money. The common council of said cities and the board of trustees of said villages and associations, 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. Id., § 3.

Note. The foregoing act undoubtedly supersedes L. 1869, c. 727.

L. 1873, c. 452, § 1, amends L. 1870, c. 760, § 1 (ante, § 11.)

14 Law re-enacted. Section two and section three of chapter seven hundred and sixty of the laws of eighteen hundred and seventy are hereby re-enacted, so as to become applicable to section one of said act as hereby amended. L. 1873, c. 452, § 2.

15 Village cemetery commissioners; terms; powers and duties. The trustees of any village are hereby authorized to appoint a cemetery commission of not less than five, nor more than nine resident freeholders of said village, who shall, during their term of office, have exclusive control and management of the laying out, beautifying and improving of any lands which may be purchased by said trustees as provided by section one of the act hereby amended. The members of such commission shall hold their office for five years from and after their appointment, and when vacancies occur in such commission the same shall be filled by said trustees from the resident freeholders of said villages. All moneys appropriated by said trustees for the improvement of such lands, shall be placed in the hands of said commission to be expended by them in such laying out, beautifying and improving; and said commission shall, on the first day of March in each year during their term of office, make a report by items of their expenditures, and stating the objects thereof, to said trustees, which report shall be in writing, signed by a majority of the members of such commission and verified by their oaths. L. 1871, c. 696, § 1.

Mechanics' Liens on Monuments, etc.

16 Lien on monument for price. Every person, firm, corporation or association that shall hereafter furnish or place in any cemetery or burial ground within this state, any monument, gravestone, inclosure or other structure, shall have a lien upon such monument, gravestone, inclosure or other structure, for the principal and interest of agreed price thereof, or such portion of the said price as shall remain unpaid until the same be paid in full, provided such person, firm, corporation or association, shall at any time, or within one year after the bill for the same becomes due, file with the superintendent or person in charge of such cemetery or burial ground a notice in writing to the effect that the person or firm, corporation or association so furnishing such monument, gravestone, inclosure or other structure claims a lien on the same for the purchase-price thereof, or such portion of the purchase-price thereof as remains unpaid with interest, which notice shall also contain a description of the monument, gravestone, inclosure or other structure so furnished, and the names of the person or persons with whom the agreement for the purchase and erection of the same was made, the amount, agreed to be paid therefor, and the amount unpaid, and for which a lien is claimed, together with the boundaries of the plot upon which such erections stand, and shall be signed by the person, firm or corporation, or association. claiming said lien, and be verified by the oath of the claimant or his agent. It shall be the duty of the superintendent or person in charge of any cemetery or burial ground, with whom any such notice shall be filed, to forthwith notify the owner or owners of the plot so described in said notice, of the filing of said notice of lien. L. 1888, c. 543, § 1.

17 Removal and sale. In case the amount due be not paid within six months after the service of said notice on the plot owner as hereinbefore provided, the said person, firm, corporation or association so claiming such liens shall thereafter and within sixty days have the right on ten days' notice to the superintendent or person in charge of the cemetery or burial ground of his or its election so to do, to remove from said burial ground the said monument, gravestone, inclosure or other structure to the outside of the grounds of said cemetery or burial ground and after the same shall be so removed such person, firm, corporation or association shall immediately give notice in two newspapers published in the county in which said cemetery or burial ground is situated, that on a day and at an hour named therein, which shall not be less than ten nor more than fifteen days from the date thereof, said monument, gravestone, inclosure or other structure will be sold at public auction to the highest bidder to satisfy said lien, which notice shall be signed by the person, firm, corporation or association claiming it, and a copy thereof shall forthwith be served personally on or mailed to the person or persons with whom such agreement was made for such monument, gravestone, inclosure or other structure. Immediately after such sale, said firm, corporation or association so making such sale, shall, out of the proceeds thereof, first, pay the expenses of said sale, and of the removal of the said monument, gravestone, inclosure, or other structure from said plot, which expense shall not exceed the sum of fifty dollars in the case of a monument, or of ten dollars in the case of a gravestone or fence inclosure, and shall next pay and retain thereout the amount due upon said lien for principal and interest, and the balance, if any, shall be paid forthwith to the person or persons with whom the agreement was made for such monument, gravestone, inclosure or other structure. Nothing, however, in this act contained, shall be so construed as to create any liability upon the part of any cemetery association or officer thereof on account of the performance or non-performance of any of the provisions of this act; but no cemetery corporation or officer thereof, or of any burial ground, after notice of the lien has been served upon them, shall in any way hinder or obstruct the removal of such monument, gravestone, inclosure or other structure by the lienor or his employees; nor, after such notice of lien, permit any alteration to be made or inscription to be placed thereon or permit the person or

persons with whom the agreement was made, or any one claiming under them, to remove any such monument, gravestone, inclosure or other structure from such cemetery or burial ground without the consent of the lienor. Id., § 2.

§ 3 repeals all inconsistent acts.

MAY BE A MIXED CORPORATION; see Corporations, § 2.

CERTIFICATE OF INCORPORATION NEED NOT BE FILED WITH SECRETARY OF STATE; see Corporations, § 5.

EQUAL RIGHTS IN; see Rights, Bill of, § 24.

ESTABLISHED BY QUARANTINE COMMISSIONERS; see Public Health Law, §§ 89, 90.
EXEMPTION OF, FROM EXECUTION; see Executions, §§ 34, 35, 43.

BY RELIGIOUS CORPORATIONS; see Religious Corporations Law, § 7.
ROADS, ETC., THROUGH; see Transportation Corporations Law, § 42.
IN TOWNS; see Town Law, § 3, 193-195.

TRESPASSES UPON; see Malicious Mischief,

5, 8.

TRUSTS FOR ESTABLISHING, ETC.; see Trusts, etc., § 1.

IN VILLAGES; see Villages, §§ 45, subd. 24, 201-203, 224–231.

See also Burial; Membership Corporations Law, §§ 13, 40, 57a.

CENSORS.

See Medical Societies, §§ 14, 25; Public Health Law, § 161.

The last census, that of 1892, was taken under L. 1892, c. 5.
See Constitution, § 28.

1 Pay of enumerators. The compensation of enumerators shall be three dollars for each day actually and necessarily employed in making the enumeration and preparing the duplicate copy of the returns, which account shall be audited by the supervisors of the county where such services are performed, and shall be assessed, collected, and paid as a part of the contingent expenses of such county; but no such account shall be allowed unless the secretary of state shall have notified the clerk of the board of supervisors of the receipt and acceptance of the returns for which the compensation is claimed. L. 1855, c. 181, § 3, as ain'd L. 1865, c. 34, § 2.

L. 1865, c. 34, §§ 1-3 amend previous acts.

2 Pay of other officers. The county and town clerks required to perform duties in relation to the census, shall be allowed a just and reasonable compensation for their expenses and services, which shall be audited by the supervisors of the county where such services are performed, and shall be assessed, collected, and paid as a part of the contingent expenses of the county in which they reside. L. 1865, c. 34, §4.

See also Consolidated School Law, § 24; Constitution, 28, 29, 72; Villages, §§ 5, 7. For earlier laws on this subject see L. 1825, c. 100, and 1 R. S. 88.

See Money, SS 1, 2.

CENT.

CENTER-BEARING RAILS.

PROHIBITED IN CERTAIN CASES; see Railroad Law, § 109.

CENTERVILLE, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 66.

CENTRAL NEW YORK INSTITUTION FOR DEAF MUTES IN THE CITY OF ROME.

See Deaf and Dumb.

See Public Health Law, § 50a.

CEREALS.

CERTIFICATES AND CERTIFICATION.

Certificates.

ACKNOWLEDGING SURRENDER OF BAIL; see Jail Liberties, § 10.
OF ACKNOWLEDGMENT; see Acknowledgments.

OF ADMISSION OF ATTORNEYS; see Attorneys, etc., § 5.