*432.* _Exempt, Execution, Mortgage._—The statutes in most of the States exempt the tombstones and lots in a cemetery from sale on execution.(769) Also, a cemetery lot can not be sold under mortgage after bodies have been buried therein, as any one may be arrested for desecration of graves.(770) *433.* _Public, Regulation._—The right to bury in a public cemetery is a privilege or license that is subject to municipal regulation, and revocable whenever the public necessity requires it.(771) *434.* _Nuisance, Public Health, Disease._—A cemetery is not a nuisance _per se_, but if it is proved that the burial of dead bodies in a certain cemetery does injure the public health and is a fruitful source of transmission of disease, the State may prohibit such burial at certain places within cities or adjacent to dwellings. But unless authorized by the Legislature a council has no right by ordinance to provide that no one shall be buried within half a mile of any habitation or public thoroughfare.(772) And where the Legislature authorized a city to remove the bodies interred and allow streets through the land, it had authority to do so.(773) *435.* _Devise, Easement, Rules._—The general rule of law is that a man can not devise away a cemetery lot in which members of his family are buried. He owns only a license or at the most an easement which is subject to the rules of the cemetery association and the police power of the State. However, there are some exceptions.(774) *436.* _Conditions._—A condition in a deed that the lot can not be sold, assigned, or transferred without consent of the cemetery corporation, is as good and binding as in any other conveyance of real estate.(775) *437.* _Inherits, Right._—Where a son inherits from his father the right to burial in a cemetery lot, he has the right to remove and inter therein the bodies of his grandmother and sister who had been buried elsewhere.(776) *438.* _Certificate._—A certificate was issued for the burial of Dennis Coppers in the following form: “Office of Calvary Cemetery, New York, December 1, 1873. RECEIVED from Mr. Dennis Coppers, seventy-five dollars, being the amount of purchase money of a plot of ground 8 feet by 8 feet, in Calvary Cemetery. D. BRENNAN, Superintendent of Calvary Cemetery. 4 Graves, 5, 6, 7, 8, Plot D, Section 7, Range 35.”