Boards of health to give notice of regulations. Public Statutes, c. 82, § 20. 1816. Penalty for interments in tion eighteen. c. 82, § 21. The refusal or neglect of a person appointed an undertaker to give the bond required by the regulation would justify the revocation of his appointment without any previous notice to him. Commonwealth v. Goodrich, 13 Allen, 546. 132. Notice of such regulations shall be given by publishing the same in some newspaper of the city or town or, if there is no such newspaper, by posting a copy in some public place therein; which shall be deemed legal notice to all persons. 133. For every interment in violation of section eighviolation of sec- teen, chapter eighty-two of the Public Statutes, in a city Public Statutes, or town in which the notice prescribed in the preceding section has been given, the owner of the land so used shall forfeit not less than twenty nor more than one hundred dollars. Notice to be etc., by order of Sect. 18 of chap. 82, Public Statutes, provides that, "Except in the case of the erection or use of a tomb on private land, for the exclusive use of the family of the owner, no land other than that already so used or appropriated shall be used for the purpose of burial, unless by permission of the town or of the mayor and aldermen of the city in which the same is situated." 134. Before a tomb, burial ground, or cemetery is closing tombs, closed by order of such board of health for a time longer 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 to three at least, if so many there are, of the proprietors of such burial ground or cemetery, and notice shall also be published two successive weeks at least preceding such hearing, in two newspapers, if so many there are, published in the county. Appeal from order of board. c. 82, § 23. 135. The owner of a tomb aggrieved by the order of Public Statutes, the board of health closing a tomb, burial-ground, or cemetery, may appeal therefrom, and at any time within six months from the date of the order enter his appeal in the superior court; and the appellant shall give the board of health fourteen days' notice of his appeal previous to the entry thereof. But the order of the board shall remain in force until a decision is had on the appeal. 136. Appeals shall be tried in regular course before a jury, and if the jury find that the tomb, burial ground or cemetery so closed was not a nuisance nor 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 court shall rescind such order so far as it affects such tomb, burial ground or cemetery; and execution for the costs of the appeal shall issue in favor of the appellant, against the city or town in which the same was situated. But if the order is sustained execution shall issue for double costs against the appellant in favor of the board of health for the use of the city or town. To be tried by Public Statutes, 1885, 278, § 2. jury. Costs. chap. 82, § 24. removal of body until certificate has been given. Public Statutes, c. 32, $5. 1883, 124. 137. No human body shall be buried or removed from Burial or any city or town until a proper certificate has been given not permitted by the clerk or registrar to the undertaker, sexton, or other person performing the burial or removing the body. Such certificate shall state that the facts required by chapter thirty-two of the Public Statutes have been returned and recorded; and no clerk or registrar shall give such certificate or burial permit until the certificate of the cause of death has been obtained from the physician, if any, in attendance at the last sickness of the deceased and placed in the hands of said clerk or registrar; and in cities and towns where there are boards of health, the certificate of the cause of death shall also be approved by such board before a permit to bury or remove is given by the registrar or clerk. Upon application, the chairman of the board of health, or any physician employed by any city or town for such purpose, shall sign the certificate of the cause of death to the best of his knowledge and belief, if there has been no physician in attendance. He shall also sign such certificate, upon application, in case of death by dangerous contagious disease, or in any other event when the certificate of the attending physician cannot for good and sufficient reasons be early enough obtained. In case of Transportation of bodies of persons who have died of infectious disease. Such bodies to be so prepared danger. 1883, 124, § 2. death by violence, the medical examiner attending shall furnish the requisite medical certificate. Any person violating the provisions of this section shall be punished by fine not exceeding twenty five dollars. 138. No railroad corporation, or other common carrier or person, shall convey or cause to be conveyed, through or from any city or town in this Commonwealth, the as to preclude remains of any person who has died of small-pox, scarlet fever, diphtheria, or typhoid fever, until such body has been so encased and prepared as to preclude any danger of communicating the disease to others by its transportation; and no local registrar or clerk shall give a permit for the removal of such body until he has received from the board of health of the city, or the selectmen of the town where the death occurred, a certificate, stating the cause of death, and that said body has been prepared in the manner set forth in this section, which certificate shall be delivered to the agent or person who receives the body. 139. The boards of health of towns and the mayor board of health. and aldermen of cities shall, on or before the first day of July in each year, license a suitable number of undertakers to take charge of the funeral rites preliminary to the interment of a human body. Undertakers to be licensed by Public Statutes, c. 32, § 6. Violation of sepulture. c. 207, § 47. 140. Whoever, not being authorized by the board of Public Statutes, health, overseers of the poor, directors of a workhouse, or mayor and aldermen or selectmen of a city or town, or by the board of directors for public institutions or overseers of the poor of the city of Boston, wilfully digs up, disinters, removes, or conveys away a human body or the remains thereof, or knowingly aids in such disinterment, removal, or conveying away, and whoever is accessory thereto either before or after the fact, shall be punished by imprisonment in the state prison or jail not exceeding three years or by fine not exceeding two thousand dollars. The removal of a dead body is not an offence within the meaning of the above statute, unless it is removed with the intent to use it or dispose of it for the purpose of dissection. Commonwealth v. Slack, 19 Pick. 306. CREMATION. persons may 141. Any five or more persons may associate them- Five or more selves together in the manner prescribed by chapter one form a corporahundred and six of the Public Statutes, with a capital of of incinerating tion for purpose dead bodies. not less than six thousand, nor more than fifty thousand 1885, 265, § 1. dollars, for the purpose of providing the necessary appliances and facilities for the proper disposal by incineration of the bodies of the dead; and corporations so established shall have the same powers and privileges and be subject to the same duties, liabilities and restrictions as other corporations established under said chapter, except as hereinafter provided. The par value of shares in the capital stock of corporations organized under the provisions of this act shall be either ten or fifty dollars. 142. Every such corporation may acquire by gift, devise or purchase, and hold in fee simple so much real estate not exceeding in value fifty thousand dollars as may be necessary for carrying out the objects connected with and appropriate to the purposes of said corporation, and situated in such place as the state board of health may determine to be suitable for said objects and purposes. No building shall be erected, occupied or used by such corporation until the location and plans thereof, with all details of construction, have been submitted to and approved by said board or some person designated by it to examine them. 143. Every such corporation may make by-laws and regulations consistent with law and subject to the approval of said state board, for the reception and cremation of bodies of deceased persons, and for the disposition of the ashes remaining therefrom, and shall carry on all its business in accordance with such regulations as said board. shall from time to time establish and furnish in writing to the clerk of the corporation, and for each violation of said regulations, it shall forfeit not less than twenty nor more than five hundred dollars. May hold real proved by state estate as ap board of health 1885, 265, § 2. May make by laws and rules subject to the approval of 1985, 265, 3. No body to be cremated within 48 hours after death. examiner Certifi required in examiner. 1885, 265, § 4. 144. No body of a deceased person shall be cremated within forty-eight hours after decease, unless death was cate of medical occasioned by contagious or infectious disease; and no body shall be received or cremated by said corporation Fees of medical until its officers have received the certificate or burial permit required by law before burial, together with a certificate from the medical examiner of the district within which the death occurred, that he has viewed the body and made personal inquiry into the cause and manner of death, and is of opinion that no further examination nor judicial inquiry concerning the same is necessary. For such view, inquiry and certificate he shall receive the fees prescribed by section nine of chapter twenty-six of the Public Statutes for a view without an autopsy by examiners in counties other than Suffolk County. Medical examiners within their respective districts shall make such view and inquiry upon application therefor and payment or tender of said fees. Animals with contagious dis eases to be isolated, etc. c. 90, § 1. CONTAGIOUS DISEASES AMONG CATTLE. 145. The mayor and aldermen of cities and the selectmen of towns, in case of the existence in this CommonPublic Statutes, wealth of the disease called pleuro-pneumonia among cattle, or farcy or glanders among horses, or any other contagious or infectious disease among domestic animals, shall cause the animals in their respective cities and towns, which are infected, or which have been exposed to infection, to be secured or collected in some suitable place or places within their cities or towns, and kept isolated; and, when taken from the possession of their owners, one-fifth of the expense of their maintenance shall be paid by the city or town wherein the animal is kept, and four-fifths by the Commonwealth; such isolation to continue so long as the existence of such disease or other circumstances may render it necessary. May be killed. Public Statutes, c. 90, § 2. 146. The mayor and aldermen and selectmen respectively, when any such animal is adjudged by a veterinary |