Section 35 – Lands to Be Used for Burial; Approval
Section 35. No land other than that so used and appropriated on April tenth, nineteen hundred and eight, shall be used for the purpose of burial if it be so situated that surface water or ground drainage therefrom may enter any stream, pond, reservoir, well, filter gallery or other water used as a source of […]
Section 43f – Community Mausoleums; Construction; Supervision
Section 43F. The department of environmental protection shall have supervisory control over the erection of any such community mausoleum and shall enforce compliance with the approved plans and specifications therefor. Said department shall appoint an inspector, experienced in modern mausoleum construction and engineering science, to supervise the erection of any such mausoleum and said department […]
Section 36 – Use of Cemeteries; Appeal From Order of Board of Health; Hearing
Section 36. Any person, including those persons in control of any public land, or the officers of any municipality, aggrieved by the action of a board of health in approving the purchase, taking or use of any lands for cemetery purposes may, within sixty days, appeal from the order of said board to the department […]
Section 37 – Use of Cemeteries; Regulations by Local Boards of Health; Notice
Section 37. Boards of health may make regulations concerning burial grounds and interments within their towns; may impose penalties not exceeding one hundred dollars for a breach thereof; may prohibit the use by undertakers, for the purpose of speculation, of tombs as places of deposit for bodies committed to them for burial; and may close […]
Section 38 – Closing of Tombs, Burial Ground or Cemetery; Hearing; Notice
Section 38. Before a tomb, burial ground or cemetery is closed by order of the board of health for more than one month, all persons interested shall have an opportunity to be heard, and personal notice of the time and place of hearing shall be given to at least one owner of the tomb, and […]
Section 39 – Owner of Tomb; Appeal From Order of Board of Health
Section 39. The owner of a tomb aggrieved by an order of the board of health closing a tomb, burial ground or cemetery may, within six months after the date thereof, appeal therefrom to the superior court, first giving written notice to the board fourteen days before the entry of such appeal; but the order […]
Section 40 – Use of Cemeteries; Jury Trial; Rescission of Order; Costs and Double Costs
Section 40. Appeals shall be tried before a jury, and if the jury find that the tomb, burial ground or cemetery so closed was not a nuisance or injurious to the public health at the time of the order and that the closing thereof was not necessary for the protection of the public health, the […]
Section 41 – Laying Out or Constructing Public Ways In, Upon or Through Burial Places; Authority
Section 41. A public way shall not be laid out or constructed in, upon or through an enclosure used or appropriated for a burial place except by special authority from the general court or with the previous consent of the inhabitants of the town where such enclosure is situated; or, if such enclosure belongs to […]
Section 42 – Passage Through Cemeteries
Section 42. Whoever uses as a means of passage from one point to another, not being thereupon at the time for any other purpose, the premises of a cemetery or burial place, in any other parts thereof than the defined ways, paths and walks, shall be punished by a fine of not more than twenty […]
Section 42a – Visitation Hours of Cemeteries
Section 42A. No cemetery exempted from taxation under the provisions of section five of chapter fifty-nine shall be closed for visitations between the hours of eight o’clock antemeridian and sunset, except during the months of June, July, August and September when such cemeteries shall remain open until the hour of seven o’clock postmeridian; provided, however, […]