Section 39. The owner of a tomb aggrieved by an order of the board of health closing a tomb, burial ground or cemetery may, within six months after the date thereof, appeal therefrom to the superior court, first giving written notice to the board fourteen days before the entry of such appeal; but the order of the board shall remain in force until the appeal has been determined.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 114 - Cemeteries and Burials
Section 1a - Organization of Cemetery Corporations
Section 1b - Cemetery Corporations; Liability of Directors, Officers or Trustees
Section 2 - Powers and Duties of Cemetery Corporations
Section 2a - Cemetery Corporations; Disclosure; Penalty
Section 3 - Cemetery Corporations; Records of Conveyances of Burial Lots
Section 3a - Cemetery Corporations; Ownership of Unclaimed Graves; Reuse of Occupied Graves
Section 4 - Cemetery Corporations; Certified Copies of Recorded Deeds and Instruments; Evidence
Section 5 - Cemetery Corporations; Trust Funds
Section 5a - Cemetery Corporations; Burials; Designated Funeral Director
Section 5b - Cemetery Corporations; Notification of Certain Options for Burial Services; Penalty
Section 5c - Cemetery Corporations; Fiduciary Duty Owed to Contributors to Trust Fund
Section 6 - Cemetery Corporations; Cremation
Section 7 - Formation and Organization of Crematory Corporations
Section 8 - Crematory Corporations; Acquisition and Holding of Land in Fee
Section 10 - Town Burial Places
Section 10a - Municipality Ownership of Unclaimed Graves; Reuse of Occupied Graves
Section 12 - Public Cemeteries; Taking of Land for Burial Places; Hearing Notice
Section 13 - Public Cemeteries; Adjudication by Commissioners; Taking
Section 16 - Appropriation for and Care of Public Cemeteries
Section 17 - Preservation of Ancient Burial Places
Section 18 - Care of Neglected Burial Places Within Limits of Town
Section 21 - Public Cemeteries; Investment of Funds; Interest
Section 22 - Town Board of Cemetery Commissioners; Election of Members
Section 23 - Board of Cemetery Commissioners; Powers and Duties
Section 24 - Board of Cemetery Commissioners; Conveyance of Burial Lots; Record; Fee
Section 26 - Board of Cemetery Commissioners; Limit of Debts or Liabilities; Annual Report
Section 27 - Appointment of Board of Cemetery Commissioners; Powers and Duties
Section 30 - Hearing as to Representation of Cemetery Lot or Tomb
Section 31 - Descent of Family Cemetery Lot to Heirs
Section 32 - Right of Person to Interment; Release
Section 33 - Right of Husband to Interment
Section 35 - Lands to Be Used for Burial; Approval
Section 36 - Use of Cemeteries; Appeal From Order of Board of Health; Hearing
Section 37 - Use of Cemeteries; Regulations by Local Boards of Health; Notice
Section 38 - Closing of Tombs, Burial Ground or Cemetery; Hearing; Notice
Section 39 - Owner of Tomb; Appeal From Order of Board of Health
Section 40 - Use of Cemeteries; Jury Trial; Rescission of Order; Costs and Double Costs
Section 41 - Laying Out or Constructing Public Ways In, Upon or Through Burial Places; Authority
Section 42 - Passage Through Cemeteries
Section 42a - Visitation Hours of Cemeteries
Section 42b - Commercial Use of Cemeteries; Consent; Penalties
Section 43 - Buildings Upon Burial Places
Section 43a - Ownership, Maintenance and Operation of Cemeteries; Private Profit
Section 43b - Sale of Cemetery Lots and Plots for Speculative Purposes
Section 43d - Location of Community Mausoleums; Exceptions
Section 43e - New Community Mausoleums; Plans and Specifications; Approval; Construction
Section 43f - Community Mausoleums; Construction; Supervision
Section 43g - Use of Community Mausoleum Prior to Completion; Care and Improvement Fund
Section 43h - Sale of Community Mausoleum Prior to Completion
Section 43i - Removal of Bodies Constituting Menace to Public Health
Section 43j - Permanent Care and Improvement Fund for Community Mausoleums
Section 43k - Custodian of Fund; Administration and Investment
Section 43l - Abating or Enjoining Nuisance
Section 43m - Permanent Disposition of Dead Bodies or Remains
Section 43n - Penalties; Violations of This Chapter
Section 43o - Sale of Monuments for Cemetery Lots by Cemetery Corporations
Section 44 - Cremation of Bodies
Section 44a - Receptacles for Cremated Remains; Caskets
Section 45 - Burial Permits; Permits for Removal of Bodies; Certificates of Death; Deceased Veterans
Section 45a - Funeral Director's Name Used in Connection With Death Certificate or Burial Permit
Section 46 - Permit for Burial of Bodies Brought Into Commonwealth; Certificate; Recording
Section 46a - Veterans; Burial; Affidavit; Veteran Graves Officer
Section 48 - Cremation; Certificates for Burial
Section 49 - Licensing of Funeral Directors; Revocation or Suspension; Hearing; Fees; Permits