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.

Well Pollution


"The Clergyman's Hand-book of Law"
Charles M. Scanlan
1909
Project Gutenburg





431. Well, Pollution.—And where a man had built a dwelling near a cemetery, it was not good ground for him to prevent the enlargement of the cemetery by showing that it might destroy his well. The court questions whether there is any legal ground for complaint for the pollution of subterranean waters when caused by the proper use without negligence of the adjacent premises. Additional lands may be obtained under the law of eminent domain by condemnation.

Friday 2 January 2015

Tombstones - soldiers

"The Clergyman's Hand-book of Law"
Charles M. Scanlan
1909
Project Gutenburg





423.Tombstones, Soldiers.—The United States will erect tombstones at the graves of soldiers who served in the Civil War, in all cemeteries where their graves are unmarked. Wherever the United States has jurisdiction over cemeteries, it has made it a criminal offense punishable by fine or imprisonment to deface a tombstone.757
[pg 223]
424. Indigent Soldiers, Tombstones.—Most of the States have statutes providing for the burial of indigent soldiers and for putting tombstones at their graves. The attention of relatives of deceased soldiers should be called to it.

Thursday 1 January 2015

The Clergyman's Hand-book of Law 1909

"The Clergyman's Hand-book of Law"
Charles M. Scanlan
1909
Project Gutenburg




421. Statutes, Land.—There are sufficient statutory provisions on cemeteries to make a large book, and the frequent changes made in such laws render a full statement of the law impossible. The statutes against locating cemeteries near cities, dwellings, etc., should be carefully examined before buying land therefor.

Friday 20 June 2014

Venetian Life in 1867




VENETIAN LIFE

 William Dean Howells

1867
"Anciently there was great show of mourning in Venice for the dead, when, according to Mutinelli, the friends and kinsmen of the deceased, having seen his body deposited in the church, "fell to weeping and howling, tore their hair and rent their clothes, and withdrew forever from that church, thenceforth become for them a place of abomination." Decenter customs prevailed in after-times, and there was a pathetic dignity in the ceremony of condolence among patricians: the mourners, on the day following the interment, repaired to the porticos of Rialto and the court of the Ducal Palace, and their friends came, one after one, and expressed their sympathy by a mute pressure of the hand.
   
Death, however, is hushed up as much as possible in modern Venice. The corpse is hurried from the house of mourning to the parish church, where the friends, after the funeral service, take leave of it. Then it is placed in a boat and carried to the burial-ground, where it is quickly interred. I was fortunate, therefore, in witnessing a cheerful funeral at which I one day casually assisted at San Michele. There was a church on this island as early as the tenth century, and in the thirteenth century it fell into the possession of the Comandulensen Friars. They built a monastery on it, which became famous as a seat of learning, and gave much erudite scholarship to the world. In later times Pope Gregory XVI. carried his profound learning from San Michele to the Vatican. The present church is in the Renaissance style, but not very offensively so, and has some indifferent paintings. The arcades and the courts around which it is built contain funeral monuments as unutterably ugly and tasteless as any thing of the kind I ever saw at home; but the dead, for the most part, lie in graves marked merely by little iron crosses in the narrow and roofless space walled in from the lagoon, which laps sluggishly at the foot of the masonry with the impulses of the tide. The old monastery was abolished in 1810, and there is now a convent of Reformed Benedictines on the island, who perform the last service for the dead.
   
On the day of which I speak, I was taking a friend to see the objects of interest at San Michele, which I had seen before, and the funeral procession touched at the riva of the church just as we arrived. The procession was of one gondola only, and the pallbearers were four pleasant ruffians in scarlet robes of cotton, hooded, and girdled at the waist. They were accompanied by a priest of a broad and jolly countenance, two grinning boys, and finally the corpse itself, severely habited in an under-dress of black box, but wearing an outer garment of red velvet, bordered and tasseled gayly. The pleasant ruffians (who all wore smoking-caps with some other name) placed this holiday corpse upon a bier, and after a lively dispute with our gondolier, in which the compliments of the day were passed in the usual terms of Venetian chaff, lifted the bier on shore and set it down. The priest followed with the two boys, whom he rebuked for levity, simultaneously tripping over the Latin of a prayer, with his eyes fixed on our harmless little party as if we were a funeral, and the dead in the black box an indifferent spectator Then he popped down upon his knees, and made us a lively little supplication, while a blind beggar scuffled for a lost soldo about his feet, and the gondoliers quarreled volubly. After which, he threw off his surplice with the air of one who should say his day's work was done, and preceded the coffin into the church.
   
We had hardly deposited the bier upon the floor in the centre of the nave, when two pale young friars appeared, throwing off their hooded cloaks of coarse brown, as they passed to the sacristy, and reappearing in their rope-girdled gowns. One of them bore a lighted taper in his right hand and a book in his left; the other had also a taper, but a pot of holy water instead of the book.
   
They are very handsome young men, these monks, with heavy, sad eyes, and graceful, slender figures, which their monastic life will presently overload with gross humanity full of coarse appetites. They go and stand beside the bier, giving a curious touch of solemnity to a scene composed of the four pleasant ruffians in the loaferish postures which they have learned as facchini waiting for jobs; of the two boys with inattentive grins, and of the priest with wandering eyes, kneeling behind them.
A weak, thin-voiced organ pipes huskily from its damp loft: the monk hurries rapidly over the Latin text of the service, while
   
    "His breath to heaven like vapor goes"

on the chilly, humid air; and the other monk makes the responses, giving and taking the sprinkler, which his chief shakes vaguely in the direction of the coffin. They both bow their heads—shaven down to the temples, to simulate His crown of thorns. Silence. The organ is still, the priest has vanished; the tapers are blown out; the pall-bearers lay hold of the bier, and raise it to their shoulders; the boys slouch into procession behind them; the monks glide softly and dispiritedly away. The soul is prepared for eternal life, and the body for the grave".