Arts. 7, 8 Cemeteries. §§ 146, 160 the county clerk of the county in which the interested village or town is situate, a certificate under their hands, stating the names of the trustees and officers of such corporation, with an inventory of the property, effects and liabilities thereof, with an affidavit of the truth of such inventory and certificate. Said trustees shall be entitled to such compensation as said court shall fix. Said court shall also have power to control the discretion of said trustees in determining what property may be demised and for how long; also how much money may be invested and kept invested on interest to produce an income to keep up and maintain the parks or libraries, or both; and also in a summary way to determine the reasonableness of any rules and regulations, upon complaint of any inhabitant of the interested village or town, and upon notice to said trustees. Formerly L. 1890, ch. 160, § 6, as am'd by L. 1892, ch. 25, § 4, and L. 1896, ch. 53, § 4. § 146. Devises and bequests restricted. This article shall not be construed or held to authorize any devise or bequest whatever, unless the will was executed at least two months before the decease of the testator or testatrix, nor of more than one-half of the estate of the testator or testatrix over and above the payment of debts, liabilities and expenses, in case he or she shall leave a husband, wife, child, or parent him or her surviving. Formerly L. 1890, ch. 160, § 7. ARTICLE 8 Cemeteries Section 160. Acquisition of lands for cemetery purposes. 162. Money may be borrowed for the purpose. § 160. Acquisition of lands for cemetery purposes. It shall be lawful for the common council of any city, or the trustees of any incorporated village 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 or village. §§ 161-163 Cemeteries. Art. 3 The provisions of this section shall not apply to the counties of New York, Kings, Queens and Westchester. Formerly L. 1869, ch. 727, § 1, as am'd by L. 1870, ch. 760, § 1; L. 1873, ch. 452, § 1; L. 1875, ch. 206, § 1, and L. 1892, ch. 518, § 1. § 161. Title may be acquired by condemnation. If the said common council or board of trustees shall be unable to agree with the owner of such lands for the purchase thereof, the said common council or board of trustees may proceed to acquire the title thereto in the manner prescribed by the condemnation law. The amount paid for such lands, by such common council or board of trustees 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. Formerly L. 1869, ch. 727, § 2, as am'd by L. 1870, ch. 760, § 2, and as re-enacted by L. 1873, ch. 452, § 2. § 162. Money may be borrowed for the purpose. The common council of said cities and the board of trustees of said villages are authorized to borrow the sum of money provided for by section one hundred and sixty-one of this article 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. Formerly L. 1870, ch. 760, § 3, as re-enacted by L. 1873, ch. 452, § 2. § 163. Lot owners' rights. Lots in such cemeteries shall be held indivisible, and upon the decease of a proprietor of such lot the title thereto shall descend to his heirs-at-law or devisees, subject, however, to the following limitations and conditions: If he leaves a widow and children, they shall have in common the possession, care and control of such lot during her life. If he leaves a widow and no children, she shall have the possession, care and control of such lot during her life. If he leaves children and no widow, they, or the survivor of them, shall in common have the possession, care and control of such lot during the life of the survivor of them. The parties having such possession, care and control of such lot during the term thereof, may erect a monument and make other permanent improvements thereon. The widow shall have the right of interment for her body in such lot, or in a tomb in such lot, and a right to have her body remain permanently interred or entombed therein, except that her body may be removed therefrom to some other family lot or tomb with the consent of her heirs. At any time when more than one person is entitled to the Arts. 8, 9 Regulation of Use of Bicycles and Similar Vehicles. § 180 possession, care or control of such lot, the persons so entitled thereto shall designate in writing to the clerk of the corporation which of their number shall represent the lot, and on their failure to designate, the board of trustees or directors or commissioners of the corporation or commission shall enter of record which of said parties shall represent the lot, while such failure continues. The widow may at any time release her right in such lot, but no conveyance or devise by any other person shall deprive her of such right. Formerly L. 1898, ch. 543, § 1. ARTICLE 9 Regulation of Use of Bicycles and Similar Vehicles Section 180. Ordinances to regulate use of bicycles and similar vehicles. 181. Limitation of power to make ordinances. 182. Security for appearance upon arrest. § 180. Ordinances to regulate use of bicycles and similar vehicles. The municipal officers and boards in the several cities, towns and villages of this state now having the authority to enact such ordinances, may pass ordinances regulating the use of bicycles, tricycles and similar vehicles on the public highways, streets, avenues, walks, parks and public places within their limits in accordance with the following provisions, and not otherwise: 1. To require all bicycles, tricycles and similar vehicles when ridden on such public highways, streets, avenues, walks or public places to have attached thereto or carried therewith a light of such illuminating power as to be plainly seen two hundred feet ahead, and kept lighted between one hour after sunset and one hour before sunrise; but this section shall not apply to any rider whose light has become extinguished or who is necessarily absent from his home without a light, when going at a pace not exceeding six miles an hour, when an audible signal is given as provided in subdivision two of this section, as often as thirty feet are passed over. 2. To require riders of all such bicycles, tricycles or similar vehicles to give an alarm by bell, whistle or otherwise, which may be heard one hundred feet distant, when about to meet or pass pedestrians and when about to meet or pass other vehicles. § 180 Regulation of Use of Bicycles and Similar Vehicles. Art. 9 3. To regulate the rate of speed at which it may be lawful to ride such bicycles, tricycles or similar vehicles; provided, however, that cyclists shall not be restricted to a rate of speed slower than is allowed any other kind or class of vehicle. 4. To regulate or prohibit coasting or proceeding by inertia or momentum with the feet off the pedals; the carrying of children under five years of age upon bicycles; the observance by cyclists, of such rules of the road as are established by the highway law; to permit the authorities of such municipality having charge of the public highways, streets, squares or parks, in their discretion, upon any special occasion, to grant permits to any person or persons to ride such machines during a specified time, upon specified portions of the public streets or highways of such city, town or village, at any rate of speed, and annex such other reasonable conditions to such permits as they shall deem proper; and the said authorities of such municipality may also, under such conditions as they may deem proper, permit the use of velocipedes and other similar machines by children on any sidewalk in any public way, square or park in such municipality. 5. To regulate or prohibit the riding of any bicycles, tricycles or similar vehicles upon the sidewalks, within the limits of any city, town or village; except that no city, town or village shall have any power to prohibit the riding of any bicycles upon any sidewalk within the limits of such city, town or village when said sidewalk shall have been or shall be hereafter constructed solely at the expense of wheelmen or cyclists by and with the consent of the officers having jurisdiction therein, unless the road or street in front of said sidewalk is paved with some smooth and permanent pavement like asphalt or brick, and maintained in a condition suitable for the use of cycles. The term "sidewalk," as used in this article, means any sidewalk laid out as such by any city, town or village, or by the owners of the abutting lands, which is reserved by custom for the use of pedestrians, and which has been especially prepared for their use, but not including footpaths or portions of public roads lying outside of the thickly settled parts of cities and towns which are worn only by travel, and are not improved by the public authorities, or by the abutting owners. 6. To provide that every person violating any such ordinances shall be punished by a fine not exceeding the sum of five dollars for each offense, and in case of the nonpayment of such fine, by imprisonment in the county jail not exceeding one day for each dollar of such fine, in the discretion of the court or magistrate. Formerly L. 1899, ch. 634, § 1. Art. 9 Regulation of Use of Bicycles and Similar Vehicles. §§ 181, 182 § 181. Limitation of power to make ordinances. No city, town or village shall have any power to make any ordinance, by-law or regulation respecting the use of bicycles or tricycles except as provided in this article; and except as provided in this article, no ordinance, by-law or regulation heretofore or hereafter made by a city, town or village in respect to bicycles or tricycles shall have any force or effect. Nothing in this article shall affect the jurisdiction of sidepath commissioners nor the use of sidepaths. Formerly L. 1899, ch. 634, § 2. § 182. Security for appearance upon arrest. Any person arrested for the violation of any of the provisions of any ordinance or by-law adopted as provided in this article, may tender at the time of his arrest, or at any time before the hearing thereon, either five dollars in current money, or his bicycle or similar vehicle, as security for his appearance in court to make answer to the charge of violating the provisions of any ordinance or by-law adopted as provided in this article; and the officer making the arrest shall accept the security which the rider may offer, as aforesaid, for his appearance, before the most convenient court or magistrate, to be specified by said officer at a time to be fixed by him not less than one day, in said city, village or town having jurisdiction of the offense, and such security shall be forthwith delivered, by such officer, to such court or magistrate. In case the person arrested shall fail to appear and answer to such charge at the time so specified or at such other time to which the matter shall have been adjourned, such security shall be forfeited, and if money, shall be disposed of in the same manner as other fines are disposed of by such court or magistrate; and if a bicycle or similar vehicle, it may be sold under the direction of such court or magistrate at public sale, a notice of which sale shall be posted in three public places in such city, town or village, and a copy thereof served personally or by mail upon the person who tendered the same at least six days before such sale, and five dollars of the money received upon such sale shall be disposed of in the same manner as other fines collected by such court or magistrate, and the remainder of the money received upon such sale shall be paid to the owner of such bicycle or other similar vehicle on demand. Formerly L. 1899, ch. 634, § 3. 48 |