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1 SECTION 33. A highway or town way shall not be laid out or Ways not to be 2 constructed in, upon or through an enclosure used or appropriated burial places. 3 for the burial of the dead except by special authority of law or n. S. 24,"$$ 59, 4 with the previous consent of the inhabitants of the town in which G: S. 43, $$ 89, 5 such enclosure is situated; or, if such enclosure belongs to private P.: S. 82, 8$ 29, 6 proprietors, with their previous consent. 1 SECTION 34. No building shall be erected upon any burial place Buildings on 2 belonging to a city, except by special authority of law, or with the places, as to. 3 previous consent of the city council.
1877, 182, $ 6.
G. S. 43, § 89.
P. S. 82, $ 31.
CREMATION AND BURIAL.
mits. 1878, 174.
1 SECTION 35. The body of a deceased person shall not be cre- Cremation 2 mated within forty-eight hours after his decease unless death was 1885, 285, $ 4. 3 caused by a contagious or infectious disease, and it shall not be 1898, 437, Š 2. 4 received or cremated by any corporation organized under the pro5 visions of section seven or the corresponding provisions of earlier 6 laws until its officers have received the certificate or burial permit 7 required by law before burial and a certificate from the medical ex.8 aminer of the district within which the death occurred that he has
9 viewed the body and made personal inquiry into the cause and 10 manner of death, and is of opinion that no further examination or 11 judicial inquiry concerning the same is necessary. 1 SECTION 36. No undertaker or other person shall bury a human Burial per2 body in a city or town, or remove therefrom a human body which 3 has not been buried, except as provided in the following section, 187, 1831, 341. 4 until he has received a permit from the board of health or its 5 agent appointed to issue such permits, or if there is no such board, 6 from the clerk of the city or town in which the person died ; and no 7 undertaker or other person shall exhume a human body and remove 8 it from a city or town, or from one cemetery to another, until he 9 has received a permit from the board of health or its agent aforesaid 10 or from the clerk of the city or town in which the body is buried. 11 No such permit shall be issued until there shall have been delivered 12 to such board, aģent or clerk, as the case may be, a satisfactory 13 written statement containing the facts required by law to be returned 14 and recorded, which statement, in case of an original interment, shall 15 be accompanied by a satisfactory certificate of the attending physi16 cian, if any, as required by law, or in lieu thereof a certificate as 17 hereinafter provided. If there is no attending physician, or if, for 18 sufficient reasons, his certificate cannot be obtained early enough for 19 the purpose, or is insufficient, the chairman of the board of health, 20 if a physician, or any physician employed by said board or by the 21 selectmen for the purpose, shall upon application make such certifi22 cate as is required of the attending physician. If death is caused 23 by violence, the medical examiner only shall make such certificate. 24 The board of health or its agent, upon receipt of such statement and 25 certificate, shall forthwith countersign and transmit it to the clerk of 26 the city or town for registration. The person to whom the permit 27 is so given and the physician who certifies to the cause of death 28 shall thereafter furnish for registration any other necessary informa29 tion which can be obtained as to the deceased, or as to the manner 30 or cause of the death, which the clerk or registrar may require.
Burial of bodies brought into common. Wealth. 1878, 174. P. S. 32, $ 5. 1888, 306, $ 2. 1893, 263, $ 2. 1897, 437, $ 2.
SECTION 37. No undertaker or other person shall bury in a city i or town a human body or the ashes thereof which have been brought 2 into this commonwealth until he has received a permit so to do 3 from the board of health or its agent appointed to issue such per- 4 mits, or if there is no such board, from the clerk of the city or town 5 in which the body is to be buried or the funeral is to be held, or 6 from a person appointed to have the care of the cemetery or burial 7 ground in which the interment is made, if a record is kept of the 8 names of all persons buried therein, or from a duly appointed super- 9 intendent of burials in such city or town who keeps a record of 10 interments. Such permit shall not be issued until the undertaker 11 or other person has delivered a certificate to said board, agent, 12 clerk, superintendent or person having such care, giving the name 13 of the deceased, his age as nearly as can be ascertained, the cause 14 of death, the name of the city or town in which he last resided or 15 from which the body was brought, or, if the death occurred at sea, 16 the name of the vessel upon which it occurred, and any other facts 17 required for record which could be obtained with reasonable exer-18 tion. The board of health or its agent, or the superintendent or 19 person having such care, shall, upon receipt of such certificate, 20 forthwith countersign and transmit it to the city or town clerk ; 21 and if the deceased was a resident of said city or town, the clerk 22 shall record the same in the books kept for recording deaths ; 23 but if the deceased was at the time of his death a resident of any 24 other city or town within this commonwealth said clerk shall forth-25 with forward to the clerk thereof a copy of such certificate, who 26 shall record the same.
27 SECTION 38. No person having the care of a cemetery or burial 1 ground shall permit a human body to be buried therein, or such 2 body or the ashes thereof to be removed therefrom, until the 3 permit for such burial or removal has been delivered to him, nor 4 permit the ashes of a human body to be buried therein until there 5 has been delivered to him a certificate that the burial permit and the 6 certificate of the medical examiner prerequisite to the cremating of 7 said body have been duly presented.
SECTION 39. An undertaker shall not bury the ashes of a human 1 body until he has received from the person having the charge of the 2 crematory a certificate that the burial permit and the certificate of 3 the medical examiner prerequisite to the cremating of said body have been duly presented.
5 SECTION 40. Whoever violates any of the provisions of the four 1 preceding sections shall forfeit not more than fifty dollars.
2 SECTION 41. No common carrier or other person shall convey or 1 cause to be conveyed, through or from any city or town in this 2 commonwealth, the body of any person who has died of small- 3 pox, scarlet fever, diphtheria or typhus fever until such body has 4 been so encased and prepared as to preclude any danger of 5 contagion or infection by its transportation ; and no city or town 6 clerk, or clerk or agent of the board of health, shall give a permit 7 for the removal of such body until he has received from the board 8 of health of the city or from the selectmen of the town in which 9 the death occurred a certificate stating the cause of death, and that 10 said body has been prepared in the manner prescribed in this sec-11
Same subject. 1897, 137, § 1.
Transporta tion of dead bodies regulated. 1883, 124, $ 2. 1887, 335. 1897, 137, $ 6.
12 tion, which certificate shall be delivered to the agent or person who 13 receives the body. Whoever violates the provisions of this section 14 shall forfeit not more than twenty-five dollars.
1 SECTION 42. The boards of health of cities and towns shall Undertaker to 2 annually, on or before the first day of May, license a suitable num- 1872, 275. 3 ber of undertakers who can read and write the English language. 1897, 131, $ 7. 4 Such license shall be issued upon such terms and conditions as the 5 board of health may prescribe, and may be revoked at any time by 6 the board if its terms or conditions or any requirements of law 7 relative thereto have been violated by the undertaker. An under8 taker who has been so licensed may act in any city or town.
NOTES. Sect. 1. The minimum number of incorporators has been changed from ten to five in order to conform to the laws regulating the formation of crematory corporations (St. 1885, c. 265, § 1), the powers of which were conferred upon cemetery corporations (St. 1898, c. 437, § 1), and to conform to the provisions of Pub. Sts. c. 111 to which this chapter was made subject.
Sect. 2. Pub. Sts. c. 82, SS 2 and 5 have been combined and § 5 made to conform to the general legislation upon the subject as it did by St. 1866, c. 104.
Sect. 17. The concluding clause of Pub. Sts. c. 82, § 16 has been omitted as temporary and obsolete.
OF STATE AND MILITARY AID AND SOLDIERS' RELIEF.
SECTIONS 1-2. - Commissioners of State Aid.
COMMISSIONERS OF STATE AID. 1 SECTION 1. The auditor of the commonwealth, the adjutant Commissioners 2 general and a person to be appointed by the governor, with the 1877, 192, 37: 3 advice and consent of the council, with a salary to be fixed by them P. 8.30, 01. 4 of not more than twenty-five hundred dollars a year, who shall devote 1883, 229; $ 9. 5 his whole time to the duties of his office and who shall be secretary 1894, 279; $ 9. 6 of the board, shall be commissioners of state aid and shall perform 1899, 372, $ 9. 7 the duties required of such commissioners under the laws relative 8 to state and military aid. Said commissioners shall investigate, so 9 far as the interests of the commonwealth may require, all payments 10 for state or military aid under the provisions of this chapter.
1 SECTION 2. A city or town may raise money, and, under the Cities, etc., 2 direction of the mayor and aldermen or selectmen or, in Boston, and military 3 subject to the order of the aldermen thereof as to the amounts to be 1861
, 222, § 1. 4 paid to beneficiaries, under the direction of the soldiers' relief com- 151, 41-5; 106
1863, 79, $$ 1, 2; missioner, pay state or military aid to, or expend it for, any
5 1964 47; $$ 1-3; worthy person, subject to the following conditions.
6 143, 1,2. 1865, 232, $$ 1, 2. 1872, 324.
P. S. 30, $ 2.
1899, 372, $$ 1, 1866, 172, $$ 1, 2, 1874, 330.
1889, 279, § 1;
13; 374, $s 1, io.
138 Mass. 256.
160 Mass. 503.
301, § 1.
SECTION 3. A recipient of state aid shall have a residence, and 1
shall actually reside, in the city or town from which such aid is 2 6131, 011-3;' received, shall not receive aid from any other city or town in the 3
commonwealth nor from any other state, shall be in such needy cir- 4 1st4, 47, $$ 1-3; cumstances as to require lic assistance and shall belong to one 5 of the following classes :
166, $$ 1-3. 1863, 79, $$ 1, 2, 4; 176.
143, $$ 1, 2 1865, 232, $$ 1,2; 251, § 1.
1867, 136, SS 1, 2, 8.
1866, 172, 98 1, 2, 10; 283, $ 5.
1898, 561, $$ 3, 4, 11,
1899, 372, $$ 1, 2,
1895, 361, $$ 1, 3. 13; 374, $$ 1,2, 10,
First Class, Invalid pensioners of the United States who served 7 in the army or navy of the United States to the credit of this com- 8 monwealth either in the civil war between the nineteenth day of 9 April in the year eighteen hundred and sixty-one and the first day 10 of September in the year eighteen hundred and sixty-five, or in 11 the war with Spain, which for the purposes of this chapter, shall 12 be defined as having begun on the fifteenth day of February in the 13 year eighteen hundred and ninety-eight and, unless herein other-14 wise limited, as having ended on the twelfth day of August in said 15 year ; — or who served in such army or navy in the military or-16 ganizations of this commonwealth known as three months' men, 17 ninety days' men, or one hundred days' men, mustered into the 18 service of the United States in April, May, June or July in the 19 year eighteen hundred and sixty-one, or in April, May, July or 20 August in the year eighteen hundred and sixty-four ; — or who, 21 having their residence and actually residing in this commonwealth 22 at the time of their enlistment, either served to the credit of any 23 other state in such army or navy, between the nineteenth day of 24 April in the year eighteen hundred and sixty-one and the eighteenth 25 day of March in the year eighteen hundred and sixty-two, or served 26 in such army or navy, having been mustered into the service of the 27 United States, at some time between the first day of May and the 28 first day of October in the year eighteen hundred and sixty-two, 29 while having a residence and actually living in this commonwealth 30 and while a member of one of the organizations of the volunteer 31 militia known as the Boston cadets, the Salem cadets, the eighth 32 battery of light artillery, or Company B of the seventh regiment 33 of infantry ; — or who served in such navy, being one of the per- 34 sons included in the list of officers, sailors and marines, prepared by 35 the adjutant general in accordance with chapter fifteen of the re-36 solves of the year eighteen hundred and seventy-five and chapter 37 eight of the resolves of the year eighteen hundred and eighty, hav- 38 ing been appointed or imustered into and having served in such 39 naval service of the United States while an actual resident of this 40 commonwealth ; — or who served in the regular army of the United 41 States either in the civil war or in the war with Spain, having 42 been appointed or having enlisted in said army while a citizen 43
1894, 301, $ 1.
44 of this commonwealth, having a residence and actually residing 45 herein ; which pensioners have been honorably discharged from 46 their said service in the army or navy and from all appointments 47 and enlistments therein and are so far disabled by such service as 48 to prevent them from following their usual vocations. 49 Second Class, Dependent relatives of soldiers or sailors who Second class. 50 have served in the manner and under the limitations described for 10p. A. G. 575. 51 the service of said invalid pensioners, and who, if they did not 52 continue in the service of the United States awaiting discharge 53 upon the official proclamation ending the war with Spain or did not 54 die in the service above defined for invalid pensioners, were hon55 orably discharged therefrom, as follows: — The wives and widowed 56 mothers of said invalid pensioners who served in the civil war, and 57 the widows and widowed mothers of soldiers or sailors dying in 58 such service or after their honorable discharge therefrom, and the 59 widows, children and widowed mothers of soldiers or sailors who 60 served in the war with Spain, dying in such service at any time 61 previous to said official proclamation or dying after their honorable 62 discharge therefrom of wounds or disease incurred in such service, 63 or dying while in receipt of a pension of the United States and the 64 state aid of this commonwealth, and the wives, children and wid65 owed mothers of said invalid pensioners who served in the war with 66 Spain. Such children shall not be more than fourteen years of 67 age, and shall have been born prior to their father's discharge from 68 such service and prior to the date of said proclamation. 69 Third Class, Dependent wives, widows and widowed mothers of Third class. 70 soldiers or sailors who served in either of said wars in the manner 71 required of said invalid pensioners who appear on the rolls of their 72 regiments or companies in the office of the adjutant general to be 73 missing or to have been captured by the enemy and not to have 74 been exchanged or not to have returned from captivity, and whom 75 the city or town officers granting such aid have no good reason to 76 believe to be alive, and the dependent children of such soldiers and 77 sailors who would be entitled to receive aid in the second class if 78 their fathers were said invalid pensioners because of service in the 79 war with Spain. 80 Fourth Class, Dependent fathers or mothers, who were receiving Fourth class. 81 state aid prior to the eleventh day of April in the year eighteen 82 hundred and sixty-seven and were precluded from its receipt there83 after by the provisions of chapter one hundred and thirty-six of the 84 acts of the year eighteen hundred and sixty-seven; also fathers 85 or mothers, the fathers being living, of soldiers or sailors who 86 served in the war with Spain, in the manner and under the limita87 tions described for the service of said invalid pensioners and who 88 died in such service, if such parents were receiving aid on the 89 eighteenth day of May in the year eighteen hundred and ninety90 nine. No aid shall be granted to persons of this class unless in 91 each case the mayor and aldermen, selectmen or, in Boston, the 92 soldiers' relief commissioner are satisfied, on evidence first reported 93 to the commissioners of state aid and satisfactory to them, that 94 justice and necessity require a continuance of the aid to prevent 95 actual suffering. 96 Fifth Class, Women who were appointed as nurses by the proper Fifth class. 97 authorities of the United States or by the governor of this com- 1895, 361, $$ 1, 3. 98 monwealth and served as such for not less than three months in the