A cemetery corporation organized on or after September first, nineteen hundred forty-nine, may enforce the rules, regulations and charges filed by it in the office of the cemetery board until the cemetery board files in its office an order pursuant to the provisions of subdivision three hereof. The cemetery board shall consider the propriety and the fair and reasonable costs and expense of rendering the services or performing the work for which such charges are made.
The effective rules, regulations or charges of a cemetery corporation may be amended, modified or vacated by the cemetery board at any time. The cemetery board shall notify the directors of the action taken by it and its reasons therefor by registered or certified mail addressed to the corporation at its principal office. In amending, modifying or vacating any rule, regulation or charge, the cemetery board shall be guided by the standards set forth in subparagraph three of paragraph c of this section.
Within thirty-five days following receipt of the application, the board or the division may request from the cemetery corporation any additional information or documentation deemed necessary to complete such application, and such application shall not be complete for the purposes of compliance with this subparagraph until the requested information has been received. If no such request is made, the application shall be deemed to be complete on the thirty-fifth day after its receipt by the division. An application setting forth the proposed amendment of, or addition to, the charges of a cemetery corporation shall be deemed to be approved for any cemetery corporation holding, including unrestricted funds, cash and investments totalling less than four hundred thousand dollars, if the board does not object to the proposed charges within sixty days following: i the date on which the application shall have been deemed to be complete or ii the date on which the requested information necessary to complete the application shall have been received, whichever is later.
If the board objects to the proposed charges, it shall notify the directors in writing with the reasons therefor, such notice to be mailed by registered or certified mail to the corporation at its principal office, not less than three business days before the end of such sixty day period.
If the board approves such amendment of or addition to the charges, it shall do so by order.
An application setting forth the proposed amendment of, or addition to, the charges of a cemetery corporation shall be deemed to be approved for any cemetery corporation holding, including unrestricted funds, cash and investments totalling more than four hundred thousand dollars, if the board does not object to the proposed charges within ninety days following: i the date on which the application shall have been deemed to be complete or ii the date on which the requested information necessary to complete the application shall have been received, whichever is later.
If the board objects to the proposed charges, it shall notify the directors in writing with the reasons therefor, such notice to be mailed by registered or certified mail to the corporation at its principal office, not less than three business days before the end of such ninety day period. A cemetery may apply to the cemetery board for an increase in any or all of its approved charges by submitting a schedule to the cemetery board showing its currently approved charges and the proposed charges after applying the employment cost index to said charges as it appears in the United States Department of Labor, Bureau of Labor Statistics, Series ECUA, not seasonally adjusted, total compensation, civilian, twelve month percent change for all workers schedule or any subsequent schedule that may be adopted by the United States Department of Labor, Bureau of Labor Statistics, as a replacement for the aforementioned schedule.
Any application by a cemetery under this subparagraph will prohibit application under subparagraph two of this paragraph for one year from the effective date of the approved increase under this subparagraph. An application setting forth the proposed changes in charges shall be deemed to be approved if the board does not object to the proposed charges within sixty-days following the date on which the application is submitted by a cemetery. If the board objects to the proposed charges, it shall notify the directors in writing with the reasons therefore, such notice to be mailed to the corporation at its principal office, not less than three business days before the end of such sixty day period.
The cemetery board shall not approve application by a cemetery under this subparagraph if i the proposed percentage increases exceed the employment cost index percentages as provided in this subparagraph; ii there have been invasions of the permanent maintenance fund by the cemetery that have not been repaid or are not currently being repaid; iii the cemetery is currently not in compliance with any court order or any cemetery board order that is not under judicial review under paragraph d of section ; iv the cemetery has not filed in a timely manner its annual reports with the division of cemeteries as required under section Reports by cemeteries ; v all assessments as required under paragraph c of section Reports by cemeteries and vandalism fund payments as required under subparagraph two of paragraph h of section Trust funds have not been paid.
The whole tax levied may be collected in sums of five dollars in successive years in the manner herein provided. The president or secretary of such corporation, or any suitable and proper person appointed by it or by the court, upon filing proof of publication and service of such notice as provided by section three hundred fourteen of the surrogate's court procedure act may make such sale, and such sale may be adjourned from time to time for the accommodation of the parties or for other proper reasons. Previous notice of such sale shall be posted at the main entrance of the cemetery.
Prior to such sale such corporation shall cause such lot to be resurveyed and replotted showing the part thereof not used for burial purposes and only such unused portion shall be sold. The cemetery corporation may at any such sale purchase any such lots or parts of lots. The surplus remaining after paying all assessments, interest, cost and charges shall be set aside by the corporation, as a fund for the care and improvement of the portion of such lot that has been used for burial purposes.
In case the proceeds of such sale shall amount to more than thirty dollars the person making it shall make his report, under oath, to the court, of the proceedings and shall state the amount for which such lot was sold and that it was sold to the highest responsible bidder, together with the names of the purchasers, and the court may and in a proper case shall, by order, confirm the sale; in all other cases the person making such sale shall file in the office of the county clerk of the county in which the cemetery lands are situated a like report duly verified; on the filing of such order of confirmation or such report, as the case may be, the ownership of the unoccupied portion of such lot shall vest in the purchaser thereof.
Notwithstanding the provisions of any general, special or local law, any officer or agent of a cemetery corporation subject to the provisions of this article authorized to make purchases of commodities and services may make such purchases through the office of general services subject to such rules as may be established from time to time pursuant to section one hundred sixty-three of the state finance law; provided that any such purchase shall exceed five hundred dollars and that the cemetery corporation for which such officer or agent acts shall accept sole responsibility for any payment due the vendor.
All purchases shall be subject to audit and inspection by the cemetery corporation for which made. Two or more cemetery corporations may join in making purchases pursuant to this section and, for the purposes of this section, such groups shall be deemed a cemetery corporation. The rules, regulations, charges, and prices of lots, plots or parts thereof shall be suitably printed and shall be conspicuously posted by the corporation in each of its offices. A printed copy of prices of lots, plots or parts thereof shall be made available upon request by any person for up to the actual price of the printing of the copy.
For each day in which the corporation fails to post the rules, regulations, charges and prices the corporation shall be subject to a penalty of twenty-five dollars which may be recovered in a civil action by the cemetery board. The cemetery board may waive the payment of the penalty or any part thereof.
Any unsold lots, plots or parts thereof, in which there are no remains, by order of the directors, may be resurveyed and altered in shape or size, and properly designated on such map. This provision shall not be applicable where on September first, nineteen hundred forty-nine such access cannot be provided without the disinterment of a body or bodies. A cemetery corporation shall not permit or allow a body to be interred hereafter in a path, alley, avenue or walk shown on the cemetery maps or actually in existence.
Nothing herein contained, however, shall prevent a cemetery corporation in special cases from enlarging a lot by selling to the owner thereof the access space next to such lot, and permitting interments therein, provided reasonable access to such lot and to adjoining lots is not thereby eliminated, and provided the approval of the cemetery board shall have first been obtained. No cemetery corporation shall refuse or deny the right of burial and the privileges incidental thereto in any lot, plot or part thereof to those otherwise lawfully entitled to be buried therein, for any reason except for the non-payment of interment charges and the purchase price of the lot, plot or part thereof, in accordance with the terms of the contract of purchase or except as provided in subdivision f of section fifteen hundred nine of this article.
A body interred in a lot in a cemetery owned or operated by a corporation incorporated by or under a general or special law may be removed therefrom, with the consent of the corporation, and the written consent of the owners of the lot, and of the surviving wife, husband, children, if of full age, and parents of the deceased. If the consent of any such person or of the corporation can not be obtained, permission by the county court of the county, or by the supreme court in the district, where the cemetery is situated, shall be sufficient. Notice of application for such permission must be given, at least eight days prior thereto, personally, or, at least sixteen days prior thereto, by mail, to the corporation or to the persons not consenting, and to every other person or corporation on whom service of notice may be required by the court.
Whenever a person having a lot in a cemetery shall vacate the same by a removal of all the bodies therefrom, and leave such lot in an unsightly condition for one month, the corporation may grade, cut, fill or otherwise change the surface thereof, without reducing the area of the lot. The expense, not exceeding ten dollars, shall be chargeable to the lot. If the owners of such lot, within six months after such expense has been incurred, shall not repay such expense, the corporation may sell the lot at public auction upon the cemetery grounds, previous notice of such sale having been posted at the main entrance of the cemetery, and mailed to the owners of such lot at their last-known post office address, at least ten days prior to the day of sale, and shall pay the surplus, if any, on demand to the owners of such lot.
Any plant life, fencing or embellishment or structure other than a mausoleum, monument or mound, in a lot, plot or part thereof which becomes so worn, neglected, broken or deteriorated that its continued existence is a danger to persons or property within the cemetery grounds may be removed, repaired or corrected by the cemetery corporation at its own cost and expense, provided it first gives not less than fifteen days notice by registered or certified mail to the last known owner at his last known address to repair or remove such object and the said owner shall fail to repair or remove the object within the time provided in said notice.
In the event of such removal, correction or repair by the cemetery corporation it shall, within twenty days thereafter, notify the lot owner, by registered or certified mail addressed to him at his last known address, of the action taken by the cemetery corporation. Nothing herein contained shall be construed to affect, supersede or impair any contract, rule or regulation duly approved by the cemetery board, or right or obligation of the cemetery corporation, nor shall it be construed as placing any leauthorized by this subdivgal duty or obligation to exercise any right ision.
Whenever, under any general or special law, any cemetery is abandoned or is taken for a public use, the town board of the town or the governing body of the city in which such cemetery is located, shall cause to be made, at the time of the removal of the bodies interred therein, an exact copy of all inscriptions on each headstone, monument, slab or marker erected on each lot or plot in such cemetery and shall cause the same to be duly certified and shall file one copy thereof in the office of the town or city clerk of the town or city in which such cemetery was located and one copy in the office of the state historian and chief of the division of history in the department of education at Albany.
In addition to such inscriptions, such certificate shall state the name and location of the cemetery so abandoned or taken for a public use, the cemetery in which each such body was so interred and the disposition of each such headstone, monument, slab or marker. No cemetery corporation, which provides for the burial of persons of the Jewish faith, shall promulgate any rule or regulation prohibiting the use of cement beds as a means of demarcating a specific grave area. Such cemetery corporations shall provide this service to all persons of the Jewish faith requesting this method of marking a grave when such grave area is provided through the agency of a membership or religious corporation or unincorporated association or society which provides burial benefits for the members.
Subject to the rules and regulations promulgated by the cemetery board, such cemetery corporations shall establish the schedule of charges to be assessed for installation and maintenance of cement beds. The schedule of charges shall be filed with and approved by the cemetery board.
Such regulation may require the payment of the cost of perpetual care as a condition to such installation and maintenance. The charges assessed shall be paid by the person requesting the service. The provisions of this paragraph shall only be applicable within the counties contained within the first, second, tenth and eleventh judicial districts as such districts are arranged pursuant to section one hundred forty of the judiciary law.
In the event a monument is damaged or defaced by an act of vandalism, the cemetery corporation shall, within thirty days of the discovery of such damage, notify the owner, his distributee or the person filing an affidavit with such corporation pursuant to the provisions of paragraph one of subdivision e of section fifteen hundred twelve of this article of such damage in the manner provided in subdivision h of this section. The cost and expense of such notice may be provided from the fund where such fund exists. If a fund has been established, the cemetery corporation shall restore the monument with moneys from such fund.
If such a fund has not been established or where such fund is inadequate to restore the monument, the cemetery corporation may restore such monument at its own cost and expense. Nothing herein contained shall be construed as establishing any right of damages not otherwise provided by law, rule or contract in any person against the cemetery corporation for failure to restore any monument if no monument maintenance fund exists or if such fund is inadequate to restore such monument.
No person or organization shall remove a monument without authorization in the form of a court order from a court of competent jurisdiction, or without the written authorization of the owner of a burial plot, or the lineal descendants of the deceased, if such owner or lineal descendants are known, and without obtaining written approval from a duly incorporated cemetery association, which association shall keep a record of all such written approvals. The provisions of this section shall not prohibit the removal, in accordance with rules and regulations promulgated by the secretary of state, of a monument for the purpose of repair, nonpayment or adding inscriptions as authorized by a cemetery association or as permitted in this article.
A violation of any provision of this paragraph shall be punishable by a fine not to exceed five hundred dollars.
BOOK REVIEW: Open Systems Reader - Tomorrow is not Promised! edited by Gulsen Bal
No cemetery corporation or religious corporation having charge and control of a cemetery which heretofore has been or which hereafter may be used for burials, shall use construction and demolition debris, as that term is defined in 6 NYCRR The interment of pet cremated remains in a cemetery corporation shall be available to a lot owner only in those circumstances where the interment is incidental to the burial of human remains and where authorization has been provided in a written statement from the cemetery corporation.
The cemetery corporation shall provide a list of approved charges for the interment of such remains. All payments received for interment of such remains shall be deposited in the cemetery corporation's permanent maintenance fund. Pet cremated remains must be disposed of by placing them in a grave, crypt, or niche. Nothing in this section shall obligate a cemetery corporation to allow interment of such cremated pet remains where prior approval at the time of sale or in advance of need has not been received.
The provisions of this section shall not apply to an incorporated or unincorporated cemetery operated, supervised or controlled by a religious corporation or a lot, plot or part thereof whose record owner is an incorporated or unincorporated religious association or society. Such notice shall be addressed to the last known owner and to all persons having or claiming any interest in or to the burial lot on which the monument or other marker is located. The notice shall date from the date of mailing such notice by registered or certified mail, or the date of the third publication in the newspaper.
Cemetery indebtedness a Certificates of indebtedness. In the case of certificates of indebtedness issued for moneys borrowed exclusively for payment for services rendered or materials furnished in connection with the necessary and proper preservation or improvement of its cemetery the consent of the creditor to whom such indebtedness is owing shall not be required.
No certificate issued shall be valid or enforceable unless there has first been issued by the cemetery board an order of approval as herein provided. No certificate shall be for less than one hundred dollars. The certificate shall be transferable by delivery, unless therein otherwise provided. Each cemetery corporation shall file with the cemetery board a verified statement setting forth all changes in such account during the previous calendar or fiscal year.
Until the certificates are paid the holders thereof shall be entitled at all meetings of the corporation, to one vote for each one hundred dollars of indebtedness remaining unpaid, except that those certificates of indebtedness issued for moneys borrowed exclusively for payment of services or materials shall have no voting power. The certificates shall not be a lien upon any lot, plot or part thereof belonging to a lot owner. The remainder of such proceeds shall be applied by the corporation to preserving, improving and embellishing the cemetery grounds and the avenues and roads leading thereto, and to defraying its expenses and discharging its liabilities.
After the payment of such purchase price, and the expense of surveying and laying out the cemetery, all the proceeds of such sales shall be applied to the improvement, preservation and embellishment of the cemetery and to such expenses and liabilities. The balance of such proceeds shall continue to be applied by the corporation to the preservation, improvement and embellishment of the cemetery, and the expenses and liabilities of the corporation.
Where the corporation has heretofore agreed to pay a specified share of the proceeds as aforesaid in payment of the purchase price of land, the prices of lots or the use thereof in force when such purchase was made, shall not be changed, while the purchase price remains unpaid, without the written consent of a majority in interest of the persons from whom the lands were purchased or their legal representatives. If a cemetery corporation, incorporated under a law repealed by the membership corporations law, prior to September first, eighteen hundred ninety-five, converted its outstanding indebtedness or certificates of indebtedness into certificates of stock, in pursuance of law, no interest shall accrue to the holders of such stock, but they shall receive annually or semi-annually a dividend thereon for their proportional part of the entire surplus or net receipts of the corporation over and above current expenses; or if the proportion of the net receipts or surplus which stockholders shall be entitled to receive shall have been fixed by agreement at the time of issuing such stock, such stockholders shall be entitled to receive dividends in accordance with such agreement.
Such certificates of stock shall be transferable only on the books of the corporation on the surrender of the certificate, unless otherwise provided on the face thereof, and on every such surrender a new certificate of stock shall be issued to the person to whom the same has been transferred; and the holders of such stock shall be entitled, in person or by proxy, to one vote for every share thereof, at each meeting of the corporation.
A register of the stock issued by the corporation shall be kept by its directors showing the date of issue, the number of shares, the par value thereof, the name of each person to whom issued, the number of the certificates therefor; and all transfers of such stock shall be noted and entered in such register, and the certificates surrendered shall be deemed canceled by the issue of a new certificate, and the surrendered certificate shall be destroyed.
Any director may become the holder or transferee of such stock for his own individual use or benefit. No such stock shall be a lien on the lot of any individual lot owner within the cemetery limits; and no other or greater liability of the corporation issuing such stock shall be created or deemed to exist than may be necessary to enforce the faithful application of the surplus or net receipts of the corporation to and among the holders of the stock in the manner hereinbefore specified.
A cemetery which has heretofore issued such certificates of stock is a membership corporation and not a stock corporation. If a cemetery association, incorporated under a law repealed by chapter five hundred fifty-nine of the laws of eighteen hundred ninety-five has changed certificates of indebtedness into certificates of stock, pursuant to chapter one hundred seven of the laws of eighteen hundred seventy-nine, and such stock remains unimpaired, such association may retire such stock and issue in exchange therefor certificates of indebtedness representing the par value of such stock, such certificates of indebtedness to bear interest at a rate not exceeding six per centum per annum from the date of the last preceding dividend payment; provided, however, the exchange of such stock for certificates of indebtedness shall be authorized at a duly called meeting of such association by the affirmative vote of at least two-thirds of the stock issued and outstanding and of at least two-thirds of all votes cast at such meeting in favor of such exchange.
Any holder of such stock not voting in favor of the exchange of such stock for certificates of indebtedness may at any time prior to the vote upon such exchange, or if notice of the meeting to vote upon such exchange was not mailed to him at least twenty days prior to the taking of such vote, then within twenty days after the mailing of such notice, object to such exchange and demand payment for his stock and thereupon such stockholder or the corporation shall have the right, subject to the same conditions and provisions contained in section six hundred twenty-three of the business corporation law, to have such stock appraised and paid for as provided in such section.
Such objection and demand must be in writing and filed with the corporation. The provisions of this section relating to certificates of indebtedness and the rights of the holders thereof shall apply to certificates of indebtedness issued as provided in this subdivision. The stocks so retired shall not be reissued by such association and it shall have no right thereafter to issue any certificates of stock.
The said plan shall be submitted to a duly called meeting of the members of such corporation and, if approved by the affirmative vote of at least two-thirds of all votes cast at such meeting, including the affirmative vote of the holders of record of at least two-thirds of all shares of stock issued and then outstanding exclusive of any shares of stock held by the corporation, shall become binding upon all stockholders, and they shall proceed to transfer and surrender to the corporation their certificates of stock and to receive payment therefor in accordance with the terms of such plan.
Any holder of shares of such stock not voting in favor of such plan may at any time prior to the vote approving such plan, or if notice of the meeting to vote upon such plan was not mailed to him at least twenty days prior to the taking of such vote, then within twenty days after the mailing of such notice, but in any event within ten days after the taking of such vote, by written notice filed with such corporation, object to such plan and demand appraisal of his shares.
Thereupon, such stockholder or the corporation shall have the right, subject to the same conditions and provisions contained in section six hundred twenty-three of the business corporation law, to have such stock appraised and paid for as provided in such section. Such participating certificates shall entitle the owners to a specified share not exceeding, collectively, one-half of the proceeds of sales of lots therein or the use thereof after first deducting from such proceeds of sale the amount required to be deposited in the permanent maintenance fund and current maintenance fund as provided in and pursuant to subdivision a of section fifteen hundred seven of this article, together with the expenses of sale.
Such plan shall then be submitted to the cemetery board for its approval. Thereafter, if the cemetery board approves such plan, or in the event the cemetery board conditioned its approval and the conditions imposed have been accepted by a vote of a majority of the entire board of directors of the corporation, such plan shall be submitted to a duly called meeting of the members of such corporation, and, if approved by the affirmative vote of at least two-thirds of all votes cast at such meeting, including the affirmative vote of the holders of record of at least ninety per centum of all shares of stock issued and then outstanding exclusive of any shares of stock held by the corporation, shall become binding upon all stockholders.
The stockholders shall then proceed to transfer and surrender to the corporation their shares of stock and to receive in exchange therefor participating certificates in accordance with the terms of such plan. Each such participating certificate issued in exchange for a share of stock shall entitle the holder thereof to one vote for each certificate at all meetings of the corporation. The prices of lots or the use thereof at the time when such exchange is made shall not be changed, while such participating certificates remain outstanding, without the written consent of a majority in interest of the holders thereof except as now or hereafter authorized by law.
The shares of stock so exchanged shall not be reissued by such corporation and it shall have no right thereafter to issue any shares of stock. The directors of a cemetery corporation, which has issued certificates for shares, from time to time by resolution, may fix the value of each of such shares and authorize the acceptance by the corporation of such certificates at the value so fixed in payment for land. All certificates so accepted shall be immediately cancelled and shall not be again issued.
All lots, plots or parts thereof, the use of which has been conveyed as a separate lot, shall be indivisible, except with the consent of the lot owner or lot owners and the corporation, or as in this section provided. After a burial therein, the same shall be inalienable, except as otherwise provided.
Upon the death of an owner or co-owner of any lot, plot or part thereof, unless the same shall be held in joint tenancy, or tenancy by the entirety, the interest of the deceased lot owner shall pass to the devises 5 of such lot owner, but, if such interest be not effectually devised, then to his or her descendants then surviving, and if there be none, then to the surviving spouse, and if there be none, then to those entitled to take the real and personal property of the deceased lot owner pursuant to article four of the estates, powers and trust 6 law provided, however, that no interest in any lot, plot or part thereof shall pass by any residuary or other general clause in a will and such interest shall pass by will only if the lot, plot or part thereof sought to be devised is specifically referred to in such will.
The surviving spouse of a deceased lot owner during his or her life and the owners from time to time of the deceased lot owner's lot, plot or part thereof, shall have in common the possession, care and control of such lot, plot or part thereof. Whenever a lot, plot or part thereof shall be purchased by the executor, administrator or representative of a decedent from estate funds for the burial of the decedent, the surviving spouse of the decedent shall have the right of interment therein, and the deed shall run to the names of the distributees, other than the surviving spouse, of the decedent, or to "The distributees, other than the surviving spouse, of A deceased person shall have the right of interment in any lot, plot or part thereof of which he or she was the owner or co-owner at the time of his or her death, or in any tomb erected thereon.
The surviving spouse shall have the right of interment for his or her body in a lot or tomb in which the deceased spouse was an owner or co-owner at the time of his or her death, except where all the available burial spaces in a lot or tomb have been designated for the interment of persons other than the surviving spouse, pursuant to subdivision f of this section, and a right to have his or her body remain permanently interred or entombed therein, except, that such body may be removed therefrom as provided in subdivision e of section fifteen hundred ten of this article.
Such right may be enforced and protected by his or her personal representatives. The remains of a spouse, parent or child of a person who is an owner or co-owner thereof may be interred in such lot or tomb without the consent of any person claiming any interest therein, subject, however, to the following rules and exceptions: A The place of interment in such lot shall be subject to the reasonable determination by a majority of the co-owners or in the absence of such determination by the cemetery corporation or its officer or agent having immediate charge of interments.
B Any husband or wife living separate from the other and owning a lot in which the other, but for this section, would have no right of burial, at least thirty days before the death of the other, may file with the cemetery corporation a written objection to the interment of the other, and thereupon there shall be no right of interment under this subdivision. C A parent or child owning a lot in which the other would have no right of burial but for this section, at least thirty days before the death of the other, may file with the cemetery corporation a written objection to the interment of the other, and thereupon there shall be no right of interment under this subdivision.
In such case, if the parent or child so excluded from burial in such lot shall die without having any place of interment, then the person filing such objection shall at once provide for the other a suitable place of burial in a convenient cemetery. The cost of such place of interment shall be chargeable to the decedent's estate, if any.
D This section shall not permit a burial in any ground or place contrary to or in violation of any precept, rule, regulation or usage of any church or religious society, association or corporation restricting burial therein. This subdivision shall not limit any existing right of burial under other provisions of law, nor shall it limit or curtail the right of alienation, under the rules of the cemetery corporation wherein such lot is situated, by the owner of a lot before the death of the person for whose remains the right of burial is provided herein, and there shall be no right of burial in any lot sold by its owner, before the death of the person for whose remains the right of burial is provided herein.
The corporation shall be entitled to collect a reasonable fee for filing and recording such affidavit and other documents filed in its office. A distributee may release his or her interest in a lot, plot or part thereof, to the other distributees, and a joint owner may release or devise to the other joint owners, his or her right in the lot, plot or part thereof, on conditions specified in the release or will, the original or certified copy of which shall be filed in the office of the corporation.
The surviving spouse not excluded from the right of burial under the provisions of subdivision d of this section, at any time may release his or her right in such lot, plot or part thereof, but no conveyance or devise by any other person shall deprive him or her of such right. At any time all the owners of a lot, and any surviving spouse having a right of interment therein, may execute, acknowledge and file with the corporation an instrument, and the sole owner of a lot may, in a testamentary instrument admitted to probate, make a provision, which may A designate the person or persons or class of persons who may thereafter be interred in said lot or in a tomb in such lot and the places of their interment; B direct that upon the interment of certain named persons, the lot or tomb in such lot shall be closed to further interments; C direct that the title of the lot shall upon the death of any one or more of the owners, descend in perpetuity to his, her or their distributees, unaffected by any devise.
In any case in which an irrevocable designation of a person, persons or class of persons who may be interred in any lot or tomb has been made pursuant to this subdivision and in which the designated person or persons, or all of the known class of designated persons, have died and have not been buried in the places designated in said lot or tomb, or have by a written instrument duly signed and acknowledged and filed with the corporation, renounced the right of interment pursuant to such designation, then, and in any such event, the then owner or owners of said lot or tomb and any surviving spouse having the right of interment therein, may designate another person or persons or class of persons who may thereafter be interred in said lot or in a tomb in said lot, and the places of their interment, unless the original designation clearly indicated not only that it was irrevocable, but also that no further designations were to be made.
Any designation provided for by this subdivision except a designation by testamentary instrument, shall be deemed revocable unless such instrument provides otherwise. In the event an owner or co-owner of a lot is under the age of eighteen years, any designation provided for by this subdivision, except a designation by testamentary instrument, may be executed and acknowledged by the parent or general or testamentary guardian for and on behalf of such owner or co-owner, provided, however, that no such designation may be made unless a place of interment shall remain available in said lot or in a tomb in such lot for the interment of each owner or co-owner of the lot under the age of eighteen years, and any designation so made may be revoked by the owner or co-owner upon reaching the age of eighteen years except with respect to burials effected before that time.
I am not an artist who is against institutionalisation or the market. I do not outright reject these structures. I do not think there is anything to be rejected, of course, the market and its mechanisms, giant institutions supported by capital, are determining art knowledge, what art is, what is the good, the beautiful, and the righteous in art, but these institutions are not rigid, nor exhausted; they can be intervened with and transformed.
Delier is far from complacent. He too falls into rank with the other complainant voices in this reader when he declares:. The s is not the only source in which we can look for the good, but it is still the closest and still alive. Taken to its extreme goal, cognitive coloniality seeks to create worlds. Within this control regime. Kaufmann alludes to Gerald Rauning co-director of eipcp, European Institute for Progressive Culture Policies in Vienna — an author whose keen ideas I had already broached in my review in Futures : to quote from it,.
The autonomous, self-reproductive nature of capitalism, in particular the mysteriously originating phase in the re production of surplus value, which so exercised the ingenuity of Marx, was deemed resolved by rescripting autonomy one self-law as heteronomy, that is, being subjected to different or external laws. Attempting to make art or the artist heteronomous will equally go adrift in paradoxes of labour value theories of art.
The strange case of the vanishing origin is a parallel phenomenon of art. Economic success needed to make a living as an artist in this game is a matter of chance and marketing mechanisms. If art only depends on the conditions of what the market may absorb in view of the likely market failure, the full cultural potential cannot unfold. This is especially the case when there is no substantial art market. She sounds a cautionary note. Even though, in principle, the participation of the public is desired or no public at all conceptualized since everybody involved is a participant anyhow, it is the becoming-public which has profoundly impacted on the very nature of the conversation… My weariness comes from the positionality of the curator under post-Fordist conditions of working and the implications this has onto the very desire that knowledge may be produced by way of conversations.
In blockbuster, control signs and related paraphernalia aid the management of attentive viewing. This was striking in some shows and sites beyond Europe — notably the Guangzhou Triennial The risk I see is of Hacker Havoc visitors and — what is not often enough foreseen — the eco-catastrophe of switching off this whole life-support system of digital dependency. That missing mainstream was available in developed countries and in places where monetary capital was strong and which had an art tradition and a basic infrastructure.
So mainly, as a geographical alternative [also historically] Turkey was to be considered an extension of Europe: the West invented others in those years — Eastern Europe… Also, the absence of capital-galleries-collectors-art fairs was making art production a very compelling [economical] alternative by default. The art movements of the s in Istanbul, which started out as a relative alternative, embraced various modes of resistance and critical structures; these movements are now gravitating in full speed towards the commercial sphere as the economic situation changes… the radical maybe disobedient nature of artists is replaced by passivity and ethical ambivalence [and] the political claims of the art work itself starts to become ridiculous and loses its credibility.
Susana Milevska records her experience of curating exhibitions with feminist perspectives in Macedonia. One of these, Capital and Gender , in was provoked by the marriage of the. The fact that, for the first time, a private party took place in a public museum marked a new era for the great merging of capital, gender and art … At the hearing, the limit of harmlessness was reached when the Public Gatherings Commission realized we will be waving non-national flags in the public space.
The manifestation was described as anti-Romanian, and I myself was repeatedly warned on the criminal danger of bringing offence to the national flag. However, even if you deny a division between bourgeoisie and proletariat today, there is still a critical distinction between the democratic oligarchy and those whom oppose it. The position of criticality — call it avant-garde, if so wished — has been gradually, historically eroded. Foster furthermore argues that the postmodern reduction of identity to social construction encourages consumerism in the positioning of subject-identities.
No Intention of Dying
The argument is sealed in no-exit claustrophobia. The Open Internet allows us to be creators and producers, not just passive consumers, regardless of whether we have millions of dollars to disseminate our information. It would create fast lanes for the very few who can afford to pay the extra fees and a slow lane for the rest of us. Perhaps they are not so distantly apart in the Sahara of hope. Where does hope lie? Perhaps in an unexpected sector of the cultural compass. Despite all the catchwords of our century, absolute beauty exists, just as absolute truth exists.
Mikhail Lifshitz. A clue? Therefore the crisis of individualism, i. The impenetrability of capitalism is guaranteed by elevating individualism and at the same time dissociating it from the occluded social conditions of production. We are all witness to it. Modern avant-gardism, and its subsequent neo- and neo-neo manifestations, has broken its teeth in attempts to gnaw through the mechanism of capitalism. Is this a last-ditch plea for realism?
CSU Japanese American History Digitization Project
Do we not irrevocably and uncompromisingly stand by the gains of the non-representational? The crisis of representation permanently altered the ontology of art, transcending it, dematerialising it, profoundly affecting the status of the viewer, and consequently the relation itself to the art institution. Rather than displaying finished artworks understood as entities, the exhibition space replaced re- presentation by experience — an experience that was not built on artefacts but on ideas and concepts in order to escape the increasingly commodified representational mode of exhibiting.
There is no such exit. Where else look? Realism has apparently become a post-representational terra incognita. She is asked:. The idea that there is a reality which is hidden and needs to be revealed in clear terms is a classical prejudice of Western philosophy, stemming at least from Descartes. This type of reasoning applies to photography as well. But take heed of the aforementioned warning — the plug one day pulled on the digital life-support system.
The fact that contemporary art practices explicitly take on political agendas is actually due to the disappearance or weakening of real political forces that could implement them left parties, unions. The collateral effect of such a development — contemporary art treatment of political questions without support of real political movements — is the following: the actor of the critique becomes the artwork itself, or in other words, it is the object that takes responsibility for the political, while the subjects of this production can stay at a safe distance.
The struggles of artists — as often occurs with other workers — do not unite them. From the moment of establishing wage labour, art was separated from all other social activities, becoming thus an autonomous activity in direct opposition to wage labour. This autonomy implies that the production of art is not motivated by money, which means that artistic labour is independent in regard to the definition of its price. Since there is no general price of this labour, there is no possibility for solidarity with other producers.
Furthermore, creativity implies an intimate relationship with its object and therefore its uniqueness, which then brings artists into competitiveness — the constant struggle to be different, and better, from the others. All of this thwarts the artists to organize in a concrete political formation. We dig, dig, dig away at the same old new aesthetic problems.
It is time to come back to reality. By the way, he has to my mind, and speaking only for myself, unintentionally hit on how it is that we seem to cohabit at ease in a comfort zone with terrorism, as I discovered in this remark. This, at the very latest, is where we are somehow reconciled with an increasingly reactionary, marginalized everyday and its hyper-material reality.
At the same time, realism can be understood as the first modernism, the one that precedes and already contains all developments to come, the real hotbed of politico-aesthetic invention before reductionist formalism really made it big. This is why books like Ulysses still contain so much potential.
But never mind. The Marxist meat of the argument for realism hangs on the impossibility of reproducing the immature pre-capitalist social conditions on which classical Greek art was based. Riff states:. It is like Marx says about the art of antiquity: the epoch-making artwork is no longer possible when real artistic production begins. The quasi-mythology that production engenders may sweep away the old myths, but it stands in direct contradiction with genuine artistic sensibilities.
Realism no longer a choice, but an increasing inevitability. But that is another question to leave aside. For what? For the high modernist aesthetic of the Stalinist style? As a mechanism of murderous inclusion? He became a key figure of the Literary Critic group during his residency in Moscow in the s.
Can socialist or dialectical realism be broadened? Lifshitz is best known to Russian readers for his anti-modernist masterpiece The Crisis of Ugliness, The question is posed: was Lifshitz an aesthetic counter-revolutionary? He calls the art that participates in truth, realistic. The concept of realism in Lifshitz is extremely broad. It is not simply one of the historical trends in art. It is implied in the idea of progress. Date: 4. Alienation arises from all the failed language-registers of our technocratic society, which continue to defy our powers of decryption.
Instead, read these poems. The idea for this book, says Weyman Chan, is simple—approach the world as metaphor, and it will come to you. In these quirky, imaginative stories about writing and writers, Bartleby, scrivener a. Who is writing whom, these stories ask in their musing reflections—the writer or the written? The thinker or the alphabet? The calligrapher or the pictograms hidden in her Chinese characters?
The poems in this collection respond to the…. Ava decides to move there and start an Ayurveda clinic on the property, giving her precocious and grieving daughter a new start. A Canadian half-Native man is thrust into an absurd dilemma when he is asked to be tested for a possible kidney donation to his dying non-Native father, who abandoned him when he was two months old.
Cast of 2 men. A young stranger in a jean jacket waves to her from the frozen lake — a sign? A comedy of errors, this two-act play recounts the story of how one broken engagement ripples throughout friends and family, affecting all of their respective love lives in different ways.
And an earthquake. Short-listed City of Vancouver Book Award. In this atmospheric, post—Cormac McCarthy western novel, four disparate characters criss-cross the desert in pursuit of an impossible ideal. Along the way, these wily characters captivate and intrigue as they seek the American dream in a lawless town in the s. Reverend Aaron is found lying unconscious on the dusty….
In emotive and yet wryly unsentimental tones, John-Kehewin lends her voice to many forms of suffering that surround enforced loss of culture, addressing topics such as alcohol addiction, familial abandonment, religious authority, sexual abuse, and the pain of mourning for loved ones. John-Kehewin does not spare herself when relating her own stories, even as she tells the stories of others that are so like her own, admonishing humanity for its lack of conscience in poems that journey from the turmoil of the Gaza Strip to rapidly dissolving ice floes ….
Cast of 4 women and 5 men. In these pieces, Tallman introduces the reader to a world of literary companionship that shaped the language and thought of late 20th century North America.
Set in the desert at the Mexico-U. This volume of Native myths and legends is an indispensable document in the history of North American anthropology. Winner Canadian Griffin Poetry Prize. Composed of text found in western novels published between and — the heyday of pulp publishing and a period of unfettered colonialism in North America — Injun then uses erasure, pastiche, and a focused poetics to create a visually striking response to the western genre. Taking its title from a phrase in a pop-up ad, Inspecting Nostalgia is R. Like many outgoing young women, Fatima feels rebellious against parents she sees as strict.
It just so happens that she is Egyptian-born and wears a hijab. When anti-Muslim graffiti appears on the walls of her school, Fatima transfers to a new school. The guidance counsellor there, Mr. In this powerful dramatic monologue, Lorena Gale reconstructs for the audience her childhood and the experience of coming of age as an African Canadian in Montreal. Cast of 1 woman. A sophisticated backstage comedy. Date: Edition 1 Revised edition 6. Cast of 5 women and 5 men. In this coming-of-age novel, Lise Tremblay paints a picture of rural Quebec in the years following the Quiet Revolution in her signature style so refreshingly free of artifice and literary hyperbole.
How a community brought the issue of redress for the injustices of the s to the forefront of public debate. In the intertextuality of these two great works can be found post-modern writing that is self-aware, where the other is discovered in the process of the writer writing. New York City, Master thief Mac must join an FBI sting operation against a cadre of corrupt bankers. Music, murder, and mayhem ensue, both at the speakeasy where criminals scheme and on Wall Street where financiers conspire.
Choosing the epistolary form, they decided to engage together in a frank conversation about racism and reconciliation. Intentionally positioned within the contexts of the…. A rich, emotional, sweeping drama of anger and sorrow spanning three generations. Cast of 3 women, 4 men and 1 male child. A biography of the most notorious of the Oka warriors. A brilliant and intense journey through a relationship, and through language and myth—as well as a literary journey spanning three continents. Lawrence and Holloman, a hapless nerd and a loquacious salesman, meet by chance.
A small prairie community is blown apart when an audacious teenaged girl challenges long-held views of spirituality and sexuality. Suspected of being gay, she is brutalized by her classmates. Cast of 2 men and 3 women. When Mom and Dad are busted for growing pot, Penny and Ezra Lamb embark on the wild road trip that comprises this vaudeville-inspired one-act play.
A housewife wins a million trading stamps in a lottery and invites her friends over to help her paste them into books. Cast of 15 women. A play about Quebec and Canada using hockey as a metaphor. Cast of 7 men. Cast of 3 women and 5 men.
A compelling autobiography about the exercise of will, friendships, and dreaming. Limbo Road —as divorce journal, meditation, travel poem—chronicles the search for the new beloved. Powerful, sometimes mysterious stories of the people and times that gave birth to Vancouver historic landmark, the Lions Gate Bridge. Date: 9. Two stories intertwine and illuminate the relationship of life to its creative dream. Cast of 4 women, 4 men, 1 female child and 1 male child. A comic, biting, surreal investigation of the question of self and identity in the North American middle-class.
Cast of 9 women and 11 men. This book of poems is a sustained adoration of the beloved that echoes the work of the troubadours. Recently released as a feature film, Love and Savagery is a lyrical story of impossible love. On the twentieth anniversary of its first publication and the astonishing occasion of its release as a feature film, Talon has published a new edition of Love and Savagery , celebrating the transformation of the essence of such a finely crafted book of poetry into a film that pays homage to its literary roots.
Date: Edition 2 6. Poems that tell stories on many different levels: through sound, visual images, political insights, non-narrative fusion and linguistic music. Three plays about the co-dependent relationship between a chronically unemployed engineer and actress who has never been out of work. The portrait of a woman who is facing the end of the century and creating a history of the present that lifts her out of fear.
Winner Ann Saddlemyer Award.
The Norwich Radical | A progressive analysis of politics and the arts.
Winner Sunburst Award. Martine Desjardins delivers to readers of Maleficium the unexpurgated revelations of Vicar Jerome Savoie, a heretic priest in nineteenth-century Montreal. Braving threats from the Catholic Church, Savoie violates the sanctity of the confessional in a confession-within-a-confession, in which seven penitents, each afficted with a debilitating malady or struck with a….
Outrageous pathos and hilarity is unleashed when Nino informs his very traditionally Italian parents that he is gay. A perfect balance of fast-paced comedy and poignant drama that explores family dynamics and the vast spaces between the old world and the new. Cast of 4 women and 3 men. Cast of 4 women and 1 adolescent male. The life of Elizabeth Smart pivoted on a turbulent affair that produced four children and her one book.
This is a portrayal of the book as a record of one great life lived. Cast of 4 women and 1 man. Long-listed Man Booker International Prize. Mend the Living is the story of a heart transplant, centred around Simon Limbeau, the boy whose heart is given, and his family. Weaving from hospital corridors to the wild waves of the Atlantic, from the narrow streets of Paris to the countryside in Algeria where goldfinches still sing, from the most intimate details of grief within a car in Le Havre to universal considerations of science, compassion, and humanity, Mend the Living is a powerful and vast-ranging book.
Talonbooks is pleased to publish this third edition, which includes the original long poem, the essay and interview from the second edition, and a new preface by the author. Messenger takes place in another country, Canada, and in another century but tackles similar themes. A timely play in terms of environmental issues, full of lots of great political dirty tricks. In this probing character study, Rideout fashions a hypothetical meeting in a bar in St. Petersburg, Florida, between Quebec playwright Michel Tremblay and an individual whom he believes to be a truly great writer — beat generation author Jack Kerouac, whose Francophone mother affectionately called him Ti-Jean.
An authentic re-creation of an extraordinary life set against the turbulent backdrop of colonial Africa. Short-listed ReLit Awards. Minor Expectations resumes The Chaos! Quincunx novel series.
Cast of 2 women and 1 man. Modern Canadian Plays is the core text for university-level Canadian drama courses around the world. Now in its fifth edition, with the previous edition published in , the two-volume Modern Canadian Plays drama series anthologizes major Canadian plays written and performed since The second volume presents a range of exciting Canadian plays from the late s through the first decade of the twenty-first century. Date: Edition 4 4th edition, revised 7. Humourous stories, bittersweet monologues, poetic reflections and revelatory anecdotes about motherhood. When the feisty and rebellious Moragh Moo MacDowell meets the intriguing Harry Parker, she decides nothing will ever separate them … and Harry has been running ever since.
Moo is an unconventionally comedy of love and obsession. From the renowned author of Balconville , this powerful drama gives a voice to the disillusioned working-class women employed at the British Munitions Factory in Verdun, Quebec, during the First World War. A frank and intensely personal book about human relationships. When I began writing Mrs. Blood… this was not the case. A young woman embarks upon an emotionally resonant journey in search of a peaceful new life.
source My TWP Plays presents five important plays written by Jack Winter while he was resident playwright at Toronto Workshop Productions, one of the first great troupes of the experimental and alternative theatre movement. The carnivalesque style of the selected works in this anthology reflects the turbulence, contradictions, and subversion of the social revolution during which they were written and first produced, as well as the cultural politics at a time when Canadian artists were investigating new, noncolonial, and distinctly Canadian forms of expression that would define the nation and challenge received artistic styles and practices.
Through narrative, non-narrative, sound, song, meditation, metaphysical, spiritual, political and visual poems, bissett explores the fragility and incompletion of all narratives. Winner B. Book Prize. Some tell of individuals who use these powers to heal themselves; others tell of Indian doctors who have been given the power to heal others. In this collection of short humorous essays originally written for the popular media, playwright, novelist and screenwriter Drew Hayden Taylor sends his readers fascinating and exotic postcards from his globetrotting adventures, always on the lookout for the NEWS about aboriginal peoples around the world.
A compact and beautifully designed collection, nicely fleshed out with a broad selection of poems previously published only in journals and periodicals, not to mention its tantalizing sampling of new fare. Many will discover plenty to admire in News and Smoke. His rejection of the limiting conventions of written language has allowed bissett to foreground the appearance of any linguistic event as a living performance. Cast of 9 men. In this collection of beautifully crafted, spare, concise and refreshingly understated stories, we accompany Nuri on his quest to understand how servitude transcends slavery; fealty transcends servitude; and community transcends fealty.
Short-listed Governor General's Award Drama. Welcome to the small town of Tartan Cross, Nova Scotia, where skeletons rattle in closets and past histories are so intertwined that the lives of four forty-something, eccentric characters have become so complicated that something needs to change. In the comedy, Odd Ducks , award-winning playwright Bryden MacDonald positions his four characters at the brink of existential angst — and the action unfolds from there.
On Christmas Eve the workers in a Montreal shipping room get drunk and go on strike. Cast of 8 men.