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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO THE REMOVAL AND BURIAL OF BODIES.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. Chapter 114 of the General Laws is hereby amended by striking out section 2, as appearing in the 1996 Official Edition, and inserting in place thereof the following section:-

Section 2. (a) Such corporation: (1) shall be subject to chapter 155 and sections 1 to 13, inclusive, of chapter 179; (2) may take and hold only so much real and personal property as may be necessary for the objects of its organization; (3) may lay out such real property into lots; and (4) may grant and convey the exclusive right of burial in, and of erecting tombs or cenotaphs upon, any lot and of ornamenting the same, upon such terms and conditions and subject to such regulations as it shall prescribe.

(b) Upon the conveyance of a burial lot, such corporation: (1) shall assign a number to such lot; (2) shall cause a marker to be installed thereon which indicates such number; (3) shall give a written notification to the purchaser of such lot, or his agent, which notification specifies the location and number of such lot; and (4) may charge the purchaser of such lot a reasonable fee for the cost of such marker and its installation.

(c) Such corporation shall maintain records concerning the location and numbering of such lots, which records shall be open to the public. Section 34 of chapter 158 shall apply to such corporation.

SECTION 2. Section 15 of said chapter 114, as so appearing, is hereby amended by inserting after the third sentence the following two sentences:- Upon the conveyance of a burial lot, a town: (1) shall assign a number to such lot; (2) shall cause a marker to be installed thereon which indicates such number; (3) shall give a written notification to the purchaser of such lot, or his agent, which notification specifies the location and number of such lot; and (4) may charge the purchaser of such lot a reasonable fee for the cost of such marker and its installation. Towns shall maintain records concerning the location and numbering of such lots, which records shall be open to the public.

SECTION 3. Section 43M of said chapter 114, as so appearing, is hereby amended by inserting after the third sentence the following sentence:- Each municipality or cemetery corporation shall maintain records which identify the name, if known, of the dead human body or remains in each burial lot, tomb or vault under its control.

SECTION 4. Section 45 of said chapter 114 is hereby amended by inserting after the word "nurse", in line 27, as so appearing, the following words:- or a registered physician assistant.

Approved November 26, 1997.