FAR K A N D 
CEMETERY. 
-If) 
Problems of Park and Cemetery Law 
A department of Legal Advice and Discussion on problems that confront 
parks and cemeteries. You are invited to ask gue.itions which will be an- 
swered by an attorney without charge. A. L. H. Street, Consulting Attorney. 
Assessments for Maintenance 
Legal Editor, Park and Cemetery: Has 
an association of lot owners the right to 
levy a yearly assessment on lots for the 
purpose of maintaining roads, paths, fences, 
etc., and have the trustees a right to refuse 
interment because of non-payment of such 
assessment? — N. B., N. J. 
The right to levy such an .assessment de- 
pends upon there being something in the 
regulations of the association, the statutes 
of the state, or in the contract with the 
lot owner permitting such an assessment. 
Llnless the lot holder is charged with notice 
in one of these ways that the association 
may exercise the power of assessment, it 
seems cpiite clear that the power does not 
exist. 
Ordinarily, it is understood that im- 
provements common to the cemetery as a 
wl;ole will be made out of the general rev- 
enues of the association, and that the pro- 
ceeds of lot sales will be sufficient for this 
purpose. The individual lot holder im- 
pliedly agrees to keep his lot in such con- 
dition that it will not mar the appearance 
of the grounds, and usually adequate au- 
thority will be found for assessing him for 
the cost of keeping it in decent condition, 
especially where he neglects opportunity to 
do the work himself. But I understand it 
to be the law that he assumes no liability 
on account of maintenance of roads, paths, 
etc., used for common Ijenefit, except as 
the rules and contract under which he ac- 
quired the lot were Ijroad enough to confer 
on the association power to levy an assess- 
ment. 
In cases, where the right to assess ex- 
ists, it would seem that on non-payment of 
assessments the right to make further in- 
terments might be suspended. But both 
the right to assess and to prevent further 
interments ought to be expressly reserved 
at the time of lot sales. 
Son’s Right to Disinter Father’ s 
Body 
“Legal Editor, Park and Cemetery : A. 
liought a lot in a certain city cemetery in 
Massachusetts back in ISfiB and buried 
his wife and three children in the lot.” 
writes a subscriber of Park and Cem- 
etery. “About 11)04, he deeded the lot to 
his son. Again he married and without 
consent of the son buried his last wife, 
father and mother in the lot, both in one 
grave. Now the son comes forward and 
directs the cemetery committee to remove 
the tw'o bodies that are in one grave to 
some other place outside the lot. Has the 
cemetery committee a right to remove the 
bodies without permission from the wife 
now living? At the time of burial of the 
above the order was given by ’phone in 
both cases and the superintendent knew 
nothing of the transfer of the lot from 
father to the son." — L. R., Mass. 
The cemetery association, having been 
without notice of the transfer of the lot to 
the son, is under no obligation to remove 
the bodies. This is so whether the ceme- 
tery regulations required such transfers of 
lots to be recorded by or .consented to 
by the association : but, of course, the as- 
sociation's position is greatly strength- 
ened should it appear that there was some 
such rule and no compliance with it. The 
validity of regulations of this kind has 
been upheld by the courts. 
The law looks wdth much disfavor upon 
disinterments, both because of the danger 
to the public health and because of natural 
revulsion against disturbing the repose of 
the dead. Hence, the committee in this 
case should not participate in the disinter- 
ment except upon proper disinterment per- 
mit and with the consent of the close 
relatives of the decedents wdiose bodies it 
js proposed to remove The son’s rights 
to have excluded the burials in the first 
instance, if any actually c:'cisted, will be 
deemed to have been waived if he has 
failed to object to the interments, know'- 
ing that they were to be made, or has de- 
layed in protesting after hearing of the 
burials. 
Pennsylvania Cemetery Laws 
Editor Legal Department : Will you 
kindly inform me if there is any law reg- 
ulating corporations or individuals operat- 
ing cemeteries in the state of Pennsylvania, 
and, if so, wdiat might this law be? — Cem. 
Co., Mo. 
Since a summary of the laws of Pennsyl- 
vania should prove of general interest, we 
have abstracted the most important of 
them as follows, commencing with the 
latest statutes : 
.-VEOI.ISHMENT OF CEMETERIES 
Laws 191.3, pp. 551-5.5-5, provide that 
“whenever any incorporated or unincorpo- 
rated church, cemetery, or burial associa- 
tion own burial grounds in any 
city, township, or borough * * and 
l)y reason of the growth thereof, as well 
as for sanitary purposes, it is deemed 
necessary or desiralile * * * to change 
the location thereof ; or if, by reason of 
the opening of streets, roads or public 
passages around or through the same, a 
portion of the property has become angular 
and partly surrounded by improvements; 
or if, by reason of the proximity of ad- 
jacent property, the interment of the dead 
ma 3 q in the interest of public health, be 
prohibited in any part or parts of the 
ground * * * ; or, from other causes, 
any such burial ground * * * has ceased 
to be used for interments, and has become 
so neglected as to become a public nuisance 
* * * — it shall be lawful * * * to 
purchase new or more suitable grounds in 
the vicinity * * *, of such e.xtent and 
area as they shall deem expedient ; or to 
purchase lots or sections in other properly 
regulated burial ground or cemetery * * * 
and provide for the reinterment of liodies 
that may he buried.” 
The law empowers the managing au- 
thorities of a cemetery to contract with 
known lot owners for removals on such 
terms as may be agreed upon. If the own- 
ers cannot be located, the removals are to 
he made by and at the expense of the cem- 
etery. On removals the old lots revert to 
the cemetery association. In the case of. 
vacant lots in the old burial grounds, the 
owners are to be either assigned new lots 
or paid amounts equal to the value of the 
old ones. If the owners are not known, 
and the association does not set apart new 
lots for them, the value of the old ones 
must be held in trust for such owners. 
On vacation of the old grounds, the as- 
sociation may sell them in fee simple, the 
same as ordinary lands are sold. 
The law provides in detail how the 
powers given, as just summarized, shall be 
exercised. Petition must be made to the 
county court of quarter sessions for per- 
mission to make the desired removal and 
to vacate the old grounds. The court de- 
termines whether the petition shall be 
granted or not, and controls the sale of the 
old grounds. 
The proceeds of such sale are to be ap- 
plied (1) to the cost of purchasing the new 
grounds and removing the bodies and 
monuments, etc.; (2) to the compensation 
of owners of vacant lots in the old cem- 
etery, and (3) to maintain the trust fund 
for those lot owners who cannot be found, 
“and for such other uses * * * as said 
* * * association may order.” 
CEMETERY RECORDS 
Laws 1913, pp. 564, 565, provide “that 
every burial ground or cemetery company 
or association, in the cities of the first 
class, shall keep a complete list of the 
names of every person buried in such 
burial ground or cemetery, arranged alpha- 
betically : with the date of burial, the ex- 
act location of the grave, and the number 
and owner of the lot.” This record must 
be kept by means of card index or other 
system that will afford ready reference, 
and must be kept open to inspection by 
“all persons having an interest therein.” 
Failure to keep the record is punishable by 
a fine of not more than $100. 
INVASION OF GRAVES 
Laws 1911, p. 176, makes it a felony 
punishable by a fine of not more than $1,- 
000, or not more than ten years’ imprison- 
ment, or both, to wilfully or maliciously 
