Massachusetts General Laws
Chapter 114 - Cemeteries and Burials
Section 5a - Cemetery Corporations; Burials; Designated Funeral Director

Section 5a. No such cemetery corporation shall deny the right to perform burials and the functions incidental thereto to the funeral director designated by the representative of the deceased, provided the deceased is otherwise entitled to interment in said cemetery.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XVI - Public Health

Chapter 114 - Cemeteries and Burials

Section 1 - Definitions

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 9 - By-Laws and Regulations of Cemetery and Crematory Corporations; Conduct of Business; Violations

Section 10 - Town Burial Places

Section 10a - Municipality Ownership of Unclaimed Graves; Reuse of Occupied Graves

Section 11 - Public Cemeteries; Taking of Land for Burial Purposes; Application to County Commissioners

Section 12 - Public Cemeteries; Taking of Land for Burial Places; Hearing Notice

Section 13 - Public Cemeteries; Adjudication by Commissioners; Taking

Section 14 - Public Cemeteries; Compensation of Commissioners Acting Under Petition to Take Land for Burial Place

Section 15 - Appropriation for Enclosing and Improving Public Cemetery; Sale or Conveyance of Burial Rights; Disposition of Proceeds

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 19 - Deposits for Care and Improvement of Burial Places or Lots; Records; Investment of Deposits

Section 20 - Public Cemeteries; Depositing Funds With State Treasurer; Copy of Instrument; Notice to Town or City Clerk

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 25 - Board of Cemetery Commissioners; Gifts or Bequests for Cemeteries; Investment of Funds; Disposition of Proceeds of Sales of Lots or Burial Rights

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 28 - Conveyance of Cemetery Lots or Interest in Lots in Trust for Preservation as Memorial; Rights of Heirs of Owner; Control Over Lot or Interest in Lot

Section 29 - Indivisible Character of Cemetery Lots; Vesting; Limitations and Conditions; Right of Interment; Designation of Representation of Lot; Record

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 34 - Use of Land for Burial; New Cemeteries or Extensions; Approval of Board of Health; Description of Land

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 43c - Disposition of Proceeds of Sales of Cemetery Lots and Plots; Liquidation of Indebtedness

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 47 - Certificates for Burial, Removal or Cremation; Indorsement of Coupon Accompanying Permit; Record

Section 48 - Cremation; Certificates for Burial

Section 49 - Licensing of Funeral Directors; Revocation or Suspension; Hearing; Fees; Permits

Section 50 - Penalty; Violations of Secs. 44 to 48

Section 51 - Embalming Fluid