AN ACT to incorporate the St. Joseph ‘s Cemetery in the city of Auburn .
Passed May 26, 1880, by a two-third vote.
The People of the State of New York , represented in Senate and Assembly, do exact as follows.
SECTION 1. Right Reverend Bernard J. McQuade , Reverend William Mulheron , Reverend Constantine Ulrich, Reverend William Seymour, Patrick Regan, James L. McGarr , Daniel Tehan , Michael H. Hogan, Williron Klinkert , Frank Kaufman, Nicholas Kaufman, John Lawlor , John Kinsella , Joseph Anderson and Michael Madden, and such other persons as may hereafter associate by the name of the “St. Joseph’s Cemetery,” are hereby constituted a body corporate under that name as hereinafter provided, with power to take, hold and convey real and personal estate to the use of said corporation, not exceeding two hundred acres of land and fifty thousand dollars of personal estate, together with such as may grow out of the sale of lots.
SECTION 2. The said corporators shall constitute the Board of Trustees, who shall elect from their number a President, Secretary and Treasurer, seven of which Trustees shall constitute a quorum for the transaction of business. In case of death, resignation or removal from the State of any of said Trustees, the survivors or remainder shall fill the vacancies thus occasioned.
SECTION 3. The said corporation may acquire and hold such land within the county of Cayuga, and within five miles of the city of Auburn, not exceeding two hundred acres, as they may select, for the exclusive use of a Cemetery or place for the burial of the dead, and may give the same the name of the “St. Joseph’s Cemetery” and for this purpose such parts of said land as may from time to time be required for that purpose, and shall be surveyed and subdivided into lots or plats of convenient size, with such walks, paths and avenues as the said Trustees, or a majority of them shall direct, and a map of the said survey, containing the name designated as aforesaid, shall be filed in the clerk’s office of the county of Cayuga. When the said map shall be filed, the said Trustees may sell or convey such plats or lots on such terms and at such prices as they may agree on, which conveyance shall be made under the seal of said corporation and signed by the President and Secretary thereof; but all moneys obtained for such sales shall be applied by the said Trustees to the payment of the purchase money of the land acquired by the said corporation, and to improving and embellishing the same as a Cemetery and the excess, if any, shall be invested as a permanent fund for the maintenance of said Cemetery.
SECTION 4. It shall and may be lawful for the said corporation also to take and hold any grant, donation or bequest of property, whether real or personal, upon trust, subject to all the provisions of law relative to devises and bequests by last will and testament, to apply the income thereof, under the direction of the Trustees aforesaid, for the improvement or embellishment of the said Cemetery, or of any buildings, structures or fences erected or to be erected upon the lands of the said corporation, or for the repairs, preservation or renewal of any tomb, monument, gravestone or other erection in any cemetery lot, or for the planting and cultivating of trees, shrubs, flowers or plants in or around any cemetery lot according to the terms of such grant, donation or bequest, and the Supreme Court, or any court having equity jurisdiction, shall have full power and jurisdiction to compel the due performance of the said trusts, or of any of them upon complaint made by a proprietor or proprietors of any lot or lots in the said Cemetery for that purpose.
SECTION 5. The said plat or lots when conveyed by said corporation to individual proprietors shall be indivisible, but may be held and owned in undivided shares. Any person who shall willfully destroy, mutilate, deface or remove any tomb, monument or gravestone, or other structure placed in the Cemetery aforesaid, or any other work for the protection or ornament of said Cemetery, or of any Cemetery lot within the Cemetery aforesaid, or shall willfully destroy, cut, break or injure any tree, shrub or plant within the limits of said Cemetery, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof before any justice of the peace or other court of competent jurisdiction within the county of Cayuga, be punished by a fine not less than five nor more than one thousand dollars, according to the nature and aggravation of the offense, or by imprisonment not less than one month nor more than three years, and such offender shall also be liable, in an action of trespass to be brought against him in any court of competent jurisdiction, in the name of the said corporation, to pay all such damages as shall have been occasioned by his unlawful act or acts which money when recovered, shall be applied by said corporation, under the direction of the Board of Trustees, to the reparation and restoration of the property destroyed or injured as above. The members of the said corporation shall be competent witnesses in such suits.
SECTION 6. The said Cemetery shall be, and hereby is, declared exempted from all public taxes, rates or assessments, and shall not be liable to be sold on execution or to be applied in payment of debts due from any individual proprietors, but they and their heirs or devises may forever hold the’ same entirely and totally exempted there from, so long as the same shall remain dedicated to the purpose of a Cemetery; and during which’ time no street, road or avenue shall be laid through; the said Cemetery, or any part of the lands held by the said corporation for the purpose aforesaid, without the consent of the said corporation first had and obtained, except by special permission of the Legislature of this State.
SECTION 7. The said corporation shall possess the general powers and be subject to the liabilities and provisions contained in title third of chapter eighteen, first part of the Revised Statutes.
SECTION 8. All persons visiting, for any purpose, the lands held for use as a Cemetery by the corporation created under and by virtue of this act, shall, during their stay upon or about said lands, be subject to and governed by the police regulations and city ordinances of the city of Auburn; and the lands so held for use as a Cemetery shall, for the purposes of this section, be considered a part of said city of Auburn .
SECTION 9. This act shall take effect immediately.