§ 1 Definitions
§ 1A Organization of cemetery corporations
§ 1B Cemetery corporations; liability of directors, officers or trustees
§ 2 Powers and duties of cemetery corporations
§ 2A Cemetery corporations; disclosure; penalty
§ 3 Cemetery corporations; records of conveyances of burial lots
§ 3A Cemetery corporations; ownership of unclaimed graves; reuse of occupied graves
§ 4 Cemetery corporations; certified copies of recorded deeds and instruments; evidence
§ 5 Cemetery corporations; trust funds
§ 5A Cemetery corporations; burials; designated funeral director
§ 5B Cemetery corporations; notification of certain options for burial services; penalty
§ 5C Cemetery corporations; fiduciary duty owed to contributors to trust fund
§ 6 Cemetery corporations; cremation
§ 7 Formation and organization of crematory corporations
§ 8 Crematory corporations; acquisition and holding of land in fee
§ 9 By-laws and regulations of cemetery and crematory corporations; conduct of business; violations
§ 10 Town burial places
§ 10A Municipality ownership of unclaimed graves; reuse of occupied graves
§ 11 Public cemeteries; taking of land for burial purposes; application to county commissioners
§ 12 Public cemeteries; taking of land for burial places; hearing notice
§ 13 Public cemeteries; adjudication by commissioners; taking
§ 14 Public cemeteries; compensation of commissioners acting under petition to take land for burial place
§ 15 Appropriation for enclosing and improving public cemetery; sale or conveyance of burial rights; disposition of proceeds
§ 16 Appropriation for and care of public cemeteries
§ 17 Preservation of ancient burial places
§ 18 Care of neglected burial places within limits of town
§ 19 Deposits for care and improvement of burial places or lots; records; investment of deposits
§ 20 Public cemeteries; depositing funds with state treasurer; copy of instrument; notice to town or city clerk
§ 21 Public cemeteries; investment of funds; interest
§ 22 Town board of cemetery commissioners; election of members
§ 23 Board of cemetery commissioners; powers and duties
§ 24 Board of cemetery commissioners; conveyance of burial lots; record; fee
§ 25 Board of cemetery commissioners; gifts or bequests for cemeteries; investment of funds; disposition of proceeds of sales of lots or burial rights
§ 26 Board of cemetery commissioners; limit of debts or liabilities; annual report
§ 27 Appointment of board of cemetery commissioners; powers and duties
§ 28 Conveyance of cemetery lots or interest in lots in trust for preservation as memorial; rights of heirs of owner; control over lot or interest in lot
§ 29 Indivisible character of cemetery lots; vesting; limitations and conditions; right of interment; designation of representation of lot; record
§ 30 Hearing as to representation of cemetery lot or tomb
§ 31 Descent of family cemetery lot to heirs
§ 32 Right of person to interment; release
§ 33 Right of husband to interment
§ 34 Use of land for burial; new cemeteries or extensions; approval of board of health; description of land
§ 35 Lands to be used for burial; approval
§ 36 Use of cemeteries; appeal from order of board of health; hearing
§ 37 Use of cemeteries; regulations by local boards of health; notice
§ 38 Closing of tombs, burial ground or cemetery; hearing; notice
§ 39 Owner of tomb; appeal from order of board of health
§ 40 Use of cemeteries; jury trial; rescission of order; costs and double costs
§ 41 Laying out or constructing public ways in, upon or through burial places; authority
§ 42 Passage through cemeteries
§ 42A Visitation hours of cemeteries
§ 42B Commercial use of cemeteries; consent; penalties
§ 43 Buildings upon burial places
§ 43A Ownership, maintenance and operation of cemeteries; private profit
§ 43B Sale of cemetery lots and plots for speculative purposes
§ 43C Disposition of proceeds of sales of cemetery lots and plots; liquidation of indebtedness
§ 43D Location of community mausoleums; exceptions
§ 43E New community mausoleums; plans and specifications; approval; construction
§ 43F Community mausoleums; construction; supervision
§ 43G Use of community mausoleum prior to completion; care and improvement fund
§ 43H Sale of community mausoleum prior to completion
§ 43I Removal of bodies constituting menace to public health
§ 43J Permanent care and improvement fund for community mausoleums
§ 43K Custodian of fund; administration and investment
§ 43L Abating or enjoining nuisance
§ 43M Permanent disposition of dead bodies or remains
§ 43N Penalties; violations of this chapter
§ 43O Sale of monuments for cemetery lots by cemetery corporations
§ 44 Cremation of bodies
§ 44A Receptacles for cremated remains; caskets
§ 45 Burial permits; permits for removal of bodies; certificates of death; deceased veterans
§ 45A Funeral director’s name used in connection with death certificate or burial permit
§ 46 Permit for burial of bodies brought into commonwealth; certificate; recording
§ 46A Veterans; burial; affidavit; veteran graves officer
§ 47 Certificates for burial, removal or cremation; indorsement of coupon accompanying permit; record
§ 48 Cremation; certificates for burial
§ 49 Licensing of funeral directors; revocation or suspension; hearing; fees; permits
§ 50 Penalty; violations of Secs. 44 to 48
§ 51 Embalming fluid

Terms Used In Massachusetts General Laws > Chapter 114 - Cemeteries and Burials

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Devise: To gift property by will.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Testator: A male person who leaves a will at death.
  • Trustee: A person or institution holding and administering property in trust.