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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