A New York State statute was passed in 1915 to remove the cemetery in Middleport. Below is a transcription of the law that can be found at: https://babel.hathitrust.org/cgi/pt?id=uc1.b4375328&seq=469
Chap. 676
AN ACT to provide for the removal of the Middleport cemetery, now located in the village of Middleport, Niagara county, New York.
Became a law May 22, 1915, with the approval of the Governor. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The cemetery known as the Middleport cemetery, situate of the east side of Maple avenue and on the south side of the New York Central and Hudson River Railroad in the village of Middleport, Niagara county, new York, known as the Middleport cemetery, consisting of about four acres of land, having ceased to be used for burial purposes and all the funds and property heretofore used for maintaining and caring of said cemetery having been wholly expended and having become dangerous to public health be reason of the growth of said village and the building of dwelling houses in the immediate vicinity, the burial of the dean in said cemetery is hereafter prohibited.
§ 2. Thomas W. Jackson, Truman Jennings, Edgar Knapp, Frederick W. Crook, Charles B. Shafer and Arza G. Sherwood, now residing in or near the village of Middleport, Niagara county, New York, and they are hereby created commissioners for the purpose of acquiring title to and taking possession of said cemetery for the purpose of exhuming and removing from said cemetery the fuman remains now interred therein and re-interring the same in such other cemeteries in the vicinity of the village of Middleport as in their judgment they deem proper.
§ 3. Said commissioners are hereby authorized and empowered to take and acquire and hereby are given and granted the title to said cemetery lands until all the bodies now interred therein shall be removed therefrom, provided a majority of the trustees now in office of the Middleport Cemetery Association shall make and file with said commissioners a written consent, consenting to the removal of the human remains now interred in said cemetery and consenting that the title to the lands of said cemetery shall vest in said commissioners at such time as said removal shall be accomplished. Said commissioners shall also have power to acquire, receive, take and hold by devise, bequest, gift, grant or purchase, any property, real or personal, adapted to the objects and purposes of this act and to receive, accumulate and hold in trust any funds or investments which it may accrue and to lease, sell, transfer, mortgage and convey any of its property which it shall acquire and use the proceeds thereof for the uses and objects for which they are hereby created. Said commissioners shall also have power to remove human remains from said cemetery in said village and rebury the same in other cemeteries after consulting the surviving relatives of the deceased, if any there be, and in conformity with the wishes of said relatives so far as practicable, but the consent of said relatives shall not be required if in the opinion of a majority of said commissioners the public interest shall otherwise require.
§ 4. The cost of removing said human remains, pursuant to the provisions of this act, shall be paid out of the proceeds of the sale of the property which shall be acquired by said commissioners and when the title to said property shall vest in said commissioners, pursuant to the terms of this act, the same may be sold by said commissioners upon an order of the supreme court upon such notice as the court may prescribe to persons interested, granting leave to sell the property from which such bodies shall have been removed and to apply the proceeds thereof toward the expenses for removal and the court may make an order to that effect and to the further effect that said lands may be sold and the title be in conformity herewith.
§ 5. The affairs and business of such commissioners shall be conducted and managed by such commissioners, a majority of whom shall be necessary to form a quorum for the transaction of business except that for the purpose of filling vacancies in said commission the majority of the surviving members shall constitute a quorum. Vacancies in said commission caused by death, resignation or otherwise, shall be filled immediately by ballot by the remaining commissioners at a meeting called by any member on at least five days’ notice. Said commissioners may provide for the election of a chairman, secretary and treasurer and prescribe their powers and duties. None of the commissioners hereby appointed shall receive any compensation for their services.
§ 6. This act shall take effect immediately.
