The Clergyman's Hand-book of Law: The Law of Church and GraveScanlan, Charles Martin
Religion
The Clergyman's Hand-book of Law: The Law of Church and Grave
Scanlan, Charles Martin
Burial laws -- United States; Ecclesiastical law -- United States
*443.* _Monuments, Inscriptions, Drunkenness, Non-Baptized,
Strangers._—The plaintiff obtained from the defendant a deed, which, among
other things, contained the following conditions: “that such lot shall not
be transferred without the consent of the trustees; shall be subject to
the regulations made, or to be made, in the care and management of such
cemetery by the trustees, who shall also have the right to prevent the
erection of offensive and improper monuments or inscriptions thereon, and
shall retain the right to enter any lot for the removal of anything
objectionable; that no remains shall be deposited therein for hire; and
that persons dying in drunkenness, duel, or by self-destruction,
non-baptized, non-Catholic, or otherwise opposed to the Catholic Church,
shall not be therein interred.” The plaintiff had buried his father and
one of his children in the lot, and brought his wife’s remains there for
burial. Upon the arrival of the funeral, two small coffins of strangers,
one of which bore the name “John McDonald,” which the grave-digger had
taken up, were at the side of the grave. There was nothing to show how
those bodies came to be buried there. The plaintiff brought suit for
damages against the cemetery association. The court held that the cemetery
association was liable and that the defense that it was a public
charitable organization could not be sustained.(783)
*444.* _Use, Forfeited._—When a deed is made of land for the use of a
cemetery only, it will be forfeited by using it for a school.(784)
*445.* _By-Laws, Member, Burial._—Where a by-law of a church association
provides that any member who pays one dollar to have his name entered in
the record shall be entitled to a burial lot, a member who had paid one
dollar to the committee of the church before the adoption of such by-law
but had ceased to be a member of the congregation, has no right to a
burial lot.(785)
*446.* _Adverse Possession._—If the original title to a cemetery is
defective, the title may become good by adverse possession.(786)
*447.* _Improvements._—The owner of a lot, unless some rule of the
cemetery association or law of the State is to the contrary, may improve
it as he sees fit so long as he does not injure the property rights of
another.(787)
*448.* _Trespass, Injunction._—An action for damages _quara clausum
fregit_, can be maintained by a relative against any one who trespasses
upon a grave of a person lawfully interred.(788) Also, a relative may
enjoin by suit in equity, on behalf of himself and others equally
interested, interference with graves in his cemetery lot.(789)
Public-domain text, read in full here on John Shaqi.
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