Tuesday, 6 January 2015

Nuisance, Public Health, Disease.

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. And where the Legislature authorized a city to remove the bodies interred and allow streets through the land, it had authority to do so.

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