Massachusetts Statutes
§ 40 — Use of cemeteries; jury trial; rescission of order; costs and double costs
Massachusetts § 40
JurisdictionMassachusetts
Part IADMINISTRATION OF THE GOVERNMENT
Title XVIPUBLIC HEALTH
Ch. 114CEMETERIES AND BURIALS
This text of Massachusetts § 40 (Use of cemeteries; jury trial; rescission of order; costs and double costs) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Mass. Gen. Laws ch. 114, § 40 (2026).
Text
Section 40. Appeals shall be tried before a jury, and if the jury find that the tomb, burial ground or cemetery so closed was not a nuisance or injurious to the public health at the time of the order and that the closing thereof was not necessary for the protection of the public health, the court shall rescind such order so far as it affects such tomb, burial ground or cemetery, and the appellant may recover the costs of the appeal from the town where the tomb, burial ground or cemetery was situated. If the order is sustained, the board of health shall recover double costs, to the use of the town.
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Bluebook (online)
Massachusetts § 40, Counsel Stack Legal Research, https://law.counselstack.com/statute/ma/114/40.