CEMETERY LAWS, official regulations governing graveyards where the dead bodies of human beings are buried; their management and the care of the avenues, walks, grounds, tombstones and sculptures, used for general or ornamental purposes. Two classes of ceme teries are recognized in law: the public ceme tery, used by a community, neighborhood or church, and as much a public place as a court house or a market; and the private cemetery, used only by a family, or a small portion of a community. Statutes in California and Mon tana define that where six or more human bodies are buried at one place, such place is a cemetery. Cemeteries are controlled by police authority in so far as the private interests in rights of burial relate to public welfare. The establishment or suspension of cemeteries, the regulations for their use, are provided for by legislation. Ordinarily, cemetery corporations are not supposed to be organized for pecuniary profit, but rather for public than for private purposes; jurisdictions, however, differ on these points; ethical custom inclines to the latter view. Provisions in corporate charters do not prevent the exercise of police power in the public interest; conversely, a corporation can not be deprived of its charter rights by arbi trary interference of police power. Further
burials in a cemetery as dangerous to public health may be prohibited; to prohibit burials as detrimental to neighboring real estate val ues is considered an unreasonable and oppres sive exercise of police power. Cemetery lots are subject to the rules of sale and purchase made by the corporation or municipality own ing them. Municipalities and corporations usu ally formulate reasonable rules for the care, adornment and management of lots and ceme tery grounds, and heavy penalties are incurred by wilful desecration or unlawful interference with the vested rights of owners. To avoid the possiblity of the sale of cemeteries for non-payment of taxes, State legislatures usu ally exempt them from taxation. Similarly, a grave, vault or burial lot, in which bodies are interred cannot be seized for debt, nor can an owner raise a or loan on it, this being contrary to public policy. See also BURIAL; BURYING PLACES; CREMATION; DEAD, DISPOSAL OF THE FUNERAL RITES. Consult Mack, W., and Hale, W. B., eds., 'Corpus Juris) (Vol. XI, pp. 49-69, New York 1917).