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R. S. 21, § 47.
1855, 391, § 1.
See § 55.

Superior court
may, on com-
plaint, revoke
such assign-
ment.

R. S. 21, § 48.
1859, 196.

Action for dam-
ages from nui-

sance.

R. S. 21, § 49.

Orders of prohi

bition, &c., to be
pant. If he re-

served on occu-
fuses to obey,
board may pre-
vent.

Penalty.
1855, 391, § 2.

Appeal, by per-
son aggrieved.
Proceedings.
1855, 391, 3.
1859, 190.

see di 263. 1865

Trade not to be
exercised mean-
while.
1855, 391, § 4.
Verdict of jury
may alter, &c.,

ercise of which is attended by noisome and injurious odors, or is otherwise injurious to their estates, and may prohibit the exercise of the same in places not so assigned; the board may also forbid the exercise of such trade or employment within the limits of the town or in any particular locality thereof. All such assignments shall be entered in the records; and may be revoked when the board shall think proper.

SECT. 53. When it appears on a trial before the superior court for the county, upon a complaint made by any person, that any place or building so assigned has become a nuisance, by reason of offensive smells or exhalations proceeding from the same, or is otherwise hurtful or dangerous to the neighborhood or to travellers, the court may revoke such assignment and prohibit the further use of such place or building for the exercise of either of the aforesaid trades or employments, and may cause such nuisance to be removed or prevented.

SECT. 54. A person injured either in his comfort or the enjoyment of his estate by such nuisance, may have an action of tort for the damage sustained thereby.

SECT. 55. Orders of prohibition under section fifty-two shall be served upon the occupant or person having charge of the premises where such trade or employment is exercised. If the party upon whom such order is served, for twenty-four hours after such service refuses or neglects to obey the same, the board shall take all necessary measures to prevent such exercise; and the person so refusing or neglecting shall forfeit a sum not less than fifty nor more than five hun dred dollars.

SECT. 56. Any person aggrieved by such order may appeal therefrom, and shall within three days from the service thereof upon him apply to the superior court, if in session in the county where such order is made, or in vacation to any justice of said court, for a jury; and such court or justice shall issue a warrant for a jury, to be impanelled at a time and place expressed in the warrant, in the manner provided in regard to the laying out of highways.

SECT. 57. During the pendency of the appeal such trade or employment shall not be exercised contrary to the order; and upon any violation of the same the appeal shall forthwith be dismissed.

SECT. 58. The verdict of the jury, which may either alter the order, order; to be re- or affirm or annul it in full, shall be returned to the court for acceptance as in case of highways; and said verdict when accepted shall have the authority and effect of an original order from which no appeal had been taken.

turned for ac-
ceptance, &c.
1855, 391, § 5.

Costs,- how

and when as

sessed; on

SECT. 59. If the order is affirmed by the verdict, the town shall recover costs against the appellant; if it is annulled, the appellant shall whom; and to recover damages and costs against the town; and if it is altered, the court may render such judgment as to costs as in their discretion may seem just.

what amount.

1855, 391, §6.

Chapter ex

SECT. 60. The provisions of this chapter extend to cities so far as tends to cities. the same are not inconsistent with their several charters or acts in

amendment thereof.

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1845, 242, § 1.

1855, 323, § 1.

SECTION 1. The overseers of the poor of a town, the mayor and Overseers of aldermen of a city, and the inspectors and superintendent of a state poor, &c., to give dead bodalmshouse, may to any physician or surgeon, upon his request, give per- fes to physicians in certain mission to take the bodies of such persons dying in such town, city, or cases. almshouse, as are required to be buried at the public expense, to be by him used within the state for the advancement of anatomical science; preference being given to medical schools established by law, for their use in the instruction of students. SECT. 2. Every physician or surgeon, before receiving any such dead Physicians, &c, body, shall give to the board of officers surrendering the same to him, a sufficient bond that each body shall be used only for the promotion of anatomical science within this state, and so as in no event to outrage the public feeling; and that, after having been so used, the remains thereof shall be decently buried.

to give bond on
receiving a dead
body.
R. S. 22, § 12.

death,

1845, 242, § 1.

SECT. 3. Persons having charge of a poorhouse, workhouse, or Persons having house of industry, in which a person required to be buried at the public charge of poorhouse, &c., to expense dies, shall forthwith give notice of such death to the overseers give notice of of the poor of the town or to the mayor and aldermen of the city in which such death occurs; and except in case of necessity the body of such person shall not be buried until such notice is given, and permission therefor granted by such overseers or mayor and aldermen; nor without their permission shall the body be surrendered for dissection or mutilation.

SECT. 4. If the deceased person during his last sickness, of his own accord requested to be buried, or if, within twenty-four hours after his death, any person claiming to be and satisfying the proper authorities that he is a friend or of kindred to the deceased, asks to have the body buried, or if such deceased person was a stranger or traveller who suddenly died, the body shall not be so surrendered, but shall be buried.

when dead bodies are not physicians, &c.

to be given to

1845, 242, § 2.

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SECTION 1. Ten or more persons desirous of procuring, establishing, Cemetery corand preparing, a cemetery or burial place, or being the majority in inter- be organized.

porations may

1841, 114, § 1.

est of the proprietors of an existing cemetery, may organize as a corpo1852, 56, §§ 1, 2. ration in the manner provided in chapter sixty-seven. But in the case of an existing cemetery, the corporation shall not make sale of nor impair the right of any proprietor.

Powers, duties,
and liabilities.
1841, 114, §§ 2,
3, 4.
1852, 56, § 2

Lots to be indi

visible, but in
heritable. Rep-
resentative of
how designat

ed.
1841, 114, § 5.

Burial places. 1855, 257, § 1. private land not to be used

for, except, e. 1855, 257, §§ 2, 10. See § 11.

Boards of

health to make

R. S. 21, § 7.

3,

SECT. 2. Such corporation shall have the powers and privileges, and be subject to the duties, restrictions, and liabilities, of chapter sixtyeight, and to the provisions of the first sixteen sections of chapter sixtyseven; may take and hold so much real and personal estate as may be necessary for the objects of its organization, which shall be applied exclusively to the furtherance of such objects; may lay out such real estate into lots, and upon such terms, conditions, and regulations, as the corporation shall prescribe, may grant and convey the exclusive right of burial in and of erecting tombs or cenotaphs upon any lot, and of ornamenting the same.

SECT. 3. Lots in such cemetery shall be held indivisible, and upon the decease of a proprietor, his heirs at law, or the devisees of such lot if devised, shall succeed to his privileges. If there is more than one heir or devisee, they shall within nine months from such decease designate in writing to the clerk of the corporation which of their number shall represent the lot; and on their failure so to designate, the board of trustees or directors of the corporation shall enter of record which of said heirs or devisees shall represent the lot while such failure continues. SECT. 4. Each town and city shall provide one or more suitable places for the interment of persons dying within its limits.

SECT. 5. 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.

SECT. 6. Boards of health may make all regulations which they regulations, &c. judge necessary concerning burial grounds and interments within their respective limits; may prohibit the use of tombs by undertakers, (as places of deposit for bodies committed to them for burial,) for the purpose of speculation, and may establish penalties not exceeding one hundred dollars for any breach of such regulations.

1855, 257, § 5. 8 Cush. 68.

to give notice of regulations. R. S. 21, § 8. 1855, 257, § 6. See § 11.

Notice to be given before

closing tombs,

board.

1855, 257, § 9.

SECT. 7. Notice of such regulations shall be given by publishing the same in some newspaper of the town, or city, 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.

SECT. 8. Before a tomb, burial ground, or cemetery, is closed by order of the board of health, for a time longer than one month, all per&c., by order of sons 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

1855, 257, § 7. 1859, 196.

SECT. 9. The owner of a tomb aggrieved by the order of the board order of board. of health closing any 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 shall be had on the appeal.

to be tried by

1855, 257, § 7.

SECT. 10. Appeals shall be tried in regular course before a jury, and a jury, Costs. 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, the court shall rescind the same so far as it affects such tomb, burial ground, or cemetery, and execution for costs of the appeal shall

issue in favor of the appellant against the town or city 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 town or city.

lation of this

SECT. 11. For every interment in violation of section five in a town Penalty for vioor city in which the notice prescribed in section seven has been given, chapter. the owner of the land so used shall forfeit not less than twenty nor 1855, 257, § 4. more than one hundred dollars.

1841, 114, § 6.
1855, 257, § 8.

tombs, &c.

aller

SECT. 12. Whoever wrongfully destroys, impairs, injures, or removes, for injuring a tomb, gravestone, building, fence, railing, or other thing, lawfully erected in or around a place of burial or cemetery, or a tree, shrub, or plant, situate within its limits; or wrongfully injures a walk or path therein, or places rubbish or offensive matter within a place of burial or cemetery, or commits any nuisance therein, or in any way desecrates or disfigures the same, shall forfeit for every such offence not less than five nor more than one hundred dollars. Upon the trial of a prosecution for the recovery of such penalty, use and occupation for the purposes of Proof of title. burial shall be deemed sufficient evidence of title.

24

512.

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1. Linen paper to be used for records. American manufacture to be preferred.

2. County commissioners, &c., to have records bound and papers filed.

3. to provide fire-proof rooms, &c., for records, &c.

4. City governments and selectmen to provide fire-proof safe, &c.

5. Town may cause its records of grants, &c.,
to be transcribed.

6. or those of town from which set off.
7. Records becoming illegible, &c., may be
transcribed; and records of other places.

SECTION

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ords. Ameri

SECTION 1. All matters of public record in any office shall be en- Linen paper to tered or recorded on paper made wholly of linen, of a firm texture, be used for recwell sized, and well finished; and the clerks and registers of said offices can manufacshall give a preference to linen paper of American or domestic manu- ferred. facture, if such paper is marked in water line with the word "linen," R. S. 14, § 116. and also with the name of the manufacturer.

ture to be pre

missioners, &c.,

pers filed.

SECT. 2. The county commissioners, city governments, and select County commen, of the respective counties, cities, and towns, shall have all books to have records of public record or registry belonging thereto substantially bound, and bound and paother papers and documents within their respective departments duly 1851, 161, § 1. filed and arranged conveniently for examination and reference, and shall also cause such of said public records as are left incomplete by any clerk or register to be made up and completed by his successor from the

County com

missioners, &c., proof rooms,

to provide fire

files and usual memoranda as far as practicable, and certified and preserved in the same manner and with the same effect as is provided for other cases in sections seven, eight, and ten, of this chapter.

SECT. 3. The commissioners shall provide and maintain fire-proof rooms with suitable alcoves, cases, and boxes, for the safe keeping of all records, files, papers, and documents, belonging to the several registries &c., for records, of deeds; and a suitable place for the safe keeping and preservation of the other public records, and of valuable documents belonging to the county; and for their particular security and preservation; and such records and documents shall be securely kept in the places so provided.

&c.

R. S. 14, § 104.

1851, 161, §§ 1, 2.

City governments and se

lectmen to pro

vide fire-proof

safe, &c. 1857, 97, § 1.

Town may cause its records of grants,

scribed. 1857, 84, § 1.

SECT. 4. City governments and selectmen shall provide at the expense of their respective cities and towns, fire-proof safes of ample size for the preservation of books of record or registry, and other important documents or papers belonging thereto; and the clerk of each city and town shall keep all such books, papers, and documents, in the safe so provided, at all times except when they are wanted for use.

SECT. 5. A city or town may cause to be carefully transcribed such of its records as relate to grants of lands, or the grants or divisions and &c., to be tran- allotments of land made by the original proprietors of the township, or to any easements, private rights, or ways, or any records of births and marriages kept by such city or town, or by any parish within the same. SECT. 6. A city or town whose territory in whole or in part has been set off from any other city or town, may cause to be carefully transcribed such records named in the preceding section as relate to lands, easements, rights, or ways, situated in the territory so set off.

or those of town from

which set off. 1857, 84, § 2.

Records becom-
ing illegible,
&c., may be
transcribed;

and records of
other places.

See § 2.

SECT. 7. When the records of a county, city, or town, are becoming worn, mutilated, or illegible, the county commissioners, city government, or selectmen, shall have fair legible copies seasonably made; and when the interests of any county, city, or town, require, the county commis1851, 161, §§ 2, 6. sioners, mayor and aldermen, selectmen, or overseers of the poor, may have copies of any records or parts of records, or of any papers or documents, in the legal custody of any other county, city, or town, so made at the expense of their respective counties, cities, or towns; which copies shall be certified by the register or clerk of the office where they are taken to be true copies of the originals, and they shall be preserved in like manner as the original records, papers, and documents, of the place for which they are made.

Transcripts

have force of originals.

SECT. 8. A transcript made in pursuance of the provisions of the compared and preceding sections, and compared and certified under oath by the clerk or register having the custody of the original to be a true copy, shall have the same force and effect when deposited among the records of the 1857, 84, § 1, 2. place for which it is made as if the same were an original record, or an original paper, or document, deposited there.

1851, 161, § 2.

See § 2.

Records not to

cept, &c.

R. S. 83, § 22. 1849, 202, § 1. 1851, 161, § 3. 1852, 10.

SECT. 9. Registers of deeds, registers of courts, and the registers be removed, ex- and clerks of courts, cities, and towns, shall keep all records and documents belonging to their offices in their sole custody, and shall in no case, except upon summons in due form of law, or when the temporary removal of records and documents in their custody is necessary or convenient for the transaction of the business of the courts or the performance of the duties of their respective offices, cause or permit any record or document to be removed or taken away.

1856, 284, § 13. See § 13.

may be inspected and

copied. Clerks,

&c., to certify. 1851, 161, §§ 4, 6.

1857 84, § 3. See § 2.

SECT. 10. Under the direction of the officers having the custody of the county, city, and town records and files, the same shall be open for public inspection and examination, and any person may take copies thereof. And the several clerks and registers shall, on payment of a reasonable fee therefor, compare and certify, in the manner herein mentioned, all transcripts properly and correctly made for any county, city, or town, in pursuance of the provisions of this chapter.

SECT. 11. The legal custody of the books of record and other docu

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