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Fairchild cemetery manual a reliable guide to the cemeteries of Greater New York and vicinity online

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directing ; information concerning new inventions
and improvements; reports of conventions, em-
balming boards and other bodies ; the undertaker
in literature; the " Funny Side," a humorous de-
partment; "Funerals of all Nations," beautiful
engravings each month portraying funerals in
foreign countries.

These are a few of the features to be found
each month in the fifty or more pages of the
SUNNYSIDE. Every issue is profusely illustrated.
No one aspiring to be an up to-date undertaker,
embalmer or sanitarian can afford to be without it.

Send for a sample copy, or better yet, send
$2.00 for a year's subscription while you are
thinking about it.



"THE SUNNYSIDE"

138 West Twenty-Second Street
NEW YORK CITY



FAIRCHILD CEMETERY MANUAL. 187

Laws.

RAILROADS.

Each railroad has its own special rules relating to the trans-
portation of corpses. These rules in each case are governed by
the municipal and State laws of the locality from which ship-
ment is made and through which transportation is desired. By
reference to the laws and rules stated hereinbefore an idea may
be obtained of the requirements of each of the four States in
which the cemeteries referred to in this volume are located.

In general^ however, it is required by all railroads that the
cost of transportation is the price of one first-class ticket on
which is printed the word " corpse," or a minimum charge of one
dollar. Each corpse must be accompanied by a person in charge;
certificates of the proper authorities must be attached to the box
or casket in which shipment is made, or must be presented by the
person in charge when required; it is usual in most instances that
the corpse must be enclosed in a hermetically sealed casket, espe-
cially when death was caused by contagious or infectious disease.
Disinterred bodies are usually considered to be in the class of
those dead of contagious or infectious disease.

Upon inquiry at the office of the railroad over which trans-
portation is desired, all necessary information regarding trans-
portation is easily obtainable.

FORM OF BEQUEST FOR THE PERPETUAL CARE OF
A CEMETERY LOT.

I hereby give (devise), and bequeath vmto , a cor-
poration organized and existing under and pursuant to the laws

of the State of , the sum of Dollars (or other

property real or personal, describing it), in trust, however, to
apply the income arising therefrom, to the repair, preservation
or renewal of any tomb, monument, fence or other structure, and
the planting and cultivation of trees, shrubs, flowers and plants,
in and around the lot (describing it) in the cemetery grounds
of the said corporation, situate in the (state locality of cemetery) ,
and to apply the surplus thereof, if any, in and to the improve-
ment and embellishment of said lot.



188 FAIRCHILD CEMETERY MANUAL.

A'cic York Laica.

NEW YORK LAWS.

EMBALMERS, UNDERTAKERS, BURIALS AND TRANSPORTA-
TION OF THE DEAD.

The Commissioner of Health shall take cognizance of the in-
terest of the health and life of the people of tlie State, and of all
matters pertaining thereto (Pub. Health L., § 4). He shall be
the head of the Department of Health (Pub. Health L., §§ 2, 4).

There shall be in the Dejiartnunt of Health a Bureau of Vital
Statistics for the registration, among other matters, of deaths
(Pub. Health L., § 5).

The Commissioner of Healtli shall prescribe and prepare the
necessary methods, forms and rules regulating the issue of trans-
fer permits by local boards of health for the transportation of
corjjses for burial outside of the countv wherein the death oc-
curred (Pub. Health L.. § 5).

There shall be loc;il boards of healtli and health officers in
the various cities, villages and towns of the State (Pub. Health
L., § 20).

Every such local board of health shall make and publish from
time to time all such orders and regulations as they may deem
necessary and proper (Pub. Health L., § 21).

Every such local board shall make and keep a complete regis-
tration of deaths. Every physician in last attendance upon any
person who may die, shall certify the probable cause of death
and file such certificate with the local registrar of vital statistics
within twentv-four hours after tiie death occurs (Pub. Health
L., § 22).

Every local board shall prescribe sanitary regulations for the
burial and removal of corpses, and shall designate the jjroper
officer to grant permits for such burial, and jjermits for the trans-
j)ortation of any corj)ses outside of the county. The undertaker
having cliarge of the corpse shall procure a burial permit from
the local officer, with whom the certificate of death has been filed,
and there shall be no burial or removal of a corjise until a per-
mit has been obtained. When death occurs by reason of a con-
tagious or infectious disease the corpse must be enclosed in a
hermetically sealed casket of metal, or other indestructible ma-
terial before the same may be transported over any railroad or



FAIRCHILD CEMETERY MANUAL. 189

'New York Laws.
upon any passenger steamboat within the State (Pub. Health
L., § 23).

There shall be a Board of Embalming Examiners of the State
of New York, composed of five persons, who shall ascertain what
constitutes the best test for determining whether life is extinct
and shall prescribe the use of such test before embalming, as
they may deem necessary. Said board shall from time to time
make and adopt rules, regulations and by-laws not inconsistent
with law, governing the practice of embalming (Pub. Health L.,
§§ 290-291).

Every person desiring to engage in the practice of embalming
shall make written application to said board for an embalmer's
license. Same shall be accompanied by an application fee of
$5, and a certificate of some reputable person that the applicant
is more than twenty-one years of age, is of good moral character
and has obtained a common school education (Pub. Health L.,
§§ 292, 293). An examination of the applicant must follow,
and if in the judgment of the board the applicant is duly quali-
fied to practice embalming of human dead bodies, a license so
to do shall be issued upon payment of a fee of $10. The fact
of the issuance of said license shall be registered at the office of
the local board of health, and said license shall be displayed in
a conspicuous place in the office of said licensee (Pub. Health
L., §§ 293-294).

No person shall engage in the undertaking business unless
he shall be a duly licensed embalmer and shall have been em-
ployed as an assistant to a licensed undertaker continously for a
period of at least three years (Pub. Health L., §§295, 298).

In a very recent, and as yet unreported, decision the Court of
Appeals holds the aforesaid three-year provision to be uncon-
stitutional, and the law will doubtless be amended in this par-
ticular (People V. Ringe).

Undertaker's licenses shall be issued by the said board upon
payment of a registration fee of two dollars (Pub. Health L.,
§295).

Each member of an undertaking firm or manager of each place
of business conducted by a corporation shall be a licensed under-
taker (Pub. Health L.,'§295).

Such license shall be displayed in a conspicuous place in the
office of the undertaker (Pub. Health L., § 295).



190 FAIRCHILD CEMETERY MANUAL.

Xcie York Lairs.

A duly licensed eiDhalmcr actually engaged in his profession
as a means of livelihood is entitled to exemption from service
as a trial juror upon claiming his exemption therefrom (Jud.
Law, §§ 5 to, (535 and 7:20),

Any person having a claim for funeral expenses of a decedent
may apply for the issuance of letters of administration (C. C. P.,
§ 2GG2). '

Every executor or administrator shall pay out of the first
moneys received the reasonable funeral expenses of the decedent,
and the sarae shall be preferred to all debts and claims against
tlie decedent's estate (C. C. P., § 2729).

It has been held that funeral expenses are not to be treated
as a debt, but as a charge against the estate of a decedent, being
in the nature of an administration charge and entitled to a prefer-
ence as sucli (Paterson r. Paterson, 5'J X. Y. 574).

The reasonableness of a funeral charge is governed by the
station in life of the decedent and the amount of his estate.
Tlie general expenses incident to death are considered as part
of the funeral charges. (The following court decisions bear
on tliis ])roj)osition : Paterson r. Paterson ;")'.» N. Y. 574; Wood
V. \'an(ltrburgh (> Paige 277; Ferrin r. Myrick 41 N. Y. .'515;
Haslcr r. Hasler 1 Bradf. 248; Freeman r. Coit 27 Hun. 447;
Allen r. Allen li Dem. 524; Matter of StadtmuUer 110 A. D. 70.)

An executor named in a will has the power to pay the rea-
sonable funeral charges of a deceased before issuance of letters
testamentary (C. C. P., § 2(;13).

^^llerc the county treasurer acts as administrator, he is au-
thorized to ])ay funeral charges before the issuance of letters of
administration (C. C. P., § 2(500).

The surrogate may, by order, direct a temporary administrator
to pay funeral expenses (C. C. P., § 2072).

If the undertaker is not paid within sixty days after date of
death, he may apj)ly to the surrogate by petition for the pay-
ment of fuiu-ral charges. The surrogate then jiasses upon the
\ali(lity and reasonableness of the claim and may make an order
(lini-ting the jiayment thereof (C. C. P., ^ 2729).

If it shall aj)j)ear that no money has come into tlie hands of
the executor or administrator such proceeding must be dismissed
without costs and without prejudice to a further application



FAIRCHILD CEMETERY MANUAL. 191

Ncio York Laios.
showing that since such dismissal the estate has received funds
(C. C. P., § 2729).

The real property of which a decedent dies seized may be
disposed of upon application to the Court for the payment of
funeral expenses (C. C. P., § 2749).

An executor or administrator of a decedent may maintain an
action to recover damages for a wrongful act, neglect or default
by which the decedent's death was caused and the damages re-
covered, if any, are exclusively for the benefit of the decedent's
husband, wife or next of kin, and must be distributed as pro-
vided by law, but the plaintiff may deduct therefrom the rea-
sonable funeral expenses of the decedent (C. C. P., §§ 1902,
1903).

The body of an honorably discharged soldier, sailor or marine,
wlio has seen service, or the body of the wife or widow of such,
who shall have died without leaving sufficient estate for funeral
expenses, shall be buried at the expense of the county, same not
to exceed $50. (Poor Law, Sect. 4.)

The grave of such deceased shall be marked by a headstone,
containing his name, and if possible, the organization to which
he belonged, same to cost not more than $15, same to be a charge
upon the county. (Poor Law, Sect. 85.)

RULES OF BOARD OF EMBALMING EXAMINERS.

1. All applications for examination for embalmer's license must have
a certificate of some reputable person residing at the same place as the
applicant, certifying that the applicant is more than twenty-one years
of age, is of good moral character and has obtained a common school
education, and the applicant must fill out the application in his own
handwriting and sign the same and make affidavit to his signature and
that the statements contained in the application are true and that the
certificate or voucher is in the handwriting of the person whose name is
subscribed thereto.

2. All applicants for imdertaker's license who were not actually and
actively engaged in the business of undertaking on April 29, 1904, must
fill out an application such as prescribed by the Board of Embalming
Examiners and swear to the statements contained therein before an
officer authorized by law to take acknowledgments of deeds and sup-
plement the same with the sworn statement of his last employer that
he had been in his employ as an assistant undertaker for at least three
years previous to the date of his application for license, or if employed
as an undertaker's assistant by more than one undertaker during the



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FAIRCHILD CEMETERY MANUAL. 193

New York Latcs.
last three years previous to his making application for an undertaker's
liccae, the last two undertakers employing the applicant must fill out
the " employer's voucher." Three of the vouchers on tlie application
blank, at least, must be filled out and verified before the application for
undertaker's license can be received.

3. All applications for examination must he filed, together with the
application fee of five dollars, in the office of the secretary of the Board
of Embalming Examiners at least four days before the date of the
examination, to insure the examination of the applicant.

4. The secretary of the board shall notify the applicants for examina-
tion of the time and places of the four succeeding examinations after
the date of the permit.

5. Applicants who pass the examination will be allowed until the first
day of the second succeeding month, after notice of the result of each
examination, to qualify as embalmers by the pa3aiient of the examining
and licensing fee of ten dollars. After that date the examination shall
be considered void, except by the direction of the board, which may
dispense with this rule for good reasons on the part of the applicant
for failure to comply with this rule.

6. Applicants for examination who are not residents of the State
of New York are required to deposit with the secretary of the board
the examining and licensing fee of ten dollars at the time they file
their applications and paj^ their application fee of five dollars. If any
such applicant should fail to pass the examination, the deposit of ten
dollars shall be returned to such applicant who fails, at the time he is
notified of the result of his examination, and such applicants who pass
the examination shall be registered as licensed embalmers.

7. Samples of embalming fluid or comjiound submitted to the Board
of Embalming Examiners for analysis and bacteriological test and
certification must be received in a sealed bottle bearing the name of
the fluid and the manufacturer. One gallon of bulk fluid or a quantity
of concentrated fluid or embalming compound sufficient, as ordinarily
used, to make one gallon of fluid must be submitted. Upon receipt
of the package of fluid, a number will be assigned to it by the secre-
tary of the board by Mhich the fluid will always and only be known
by the chemist and the bacteriologist. The name of the fluid or com-
poimd so designated by number shall be held in absolute confidence by
such secretary until the rejDorts of the chemist and bacteriologist have
been made to the board at a meeting upon which action is taken on
such reports. After having been assigned the number, the seal of the
original package will be broken and one quart of the fluid, under the
number so assigned, given to the chemist and one quart, under number,
to the bacteriologist, in packages sealed by the secretary of the board.
Immediately thereafter the original package will again be sealed by
the secretary and preserved for future comparisons. All fees received
for the examinaion and certification of embalming fluids shall be kept
in a special fund to be known as the " Embalming Fluid Fund." Such
fund shall be used only for the purjjose of paying proper expenses
incurred therewith and for no other purpose except chemical analysis
and bacteriological tests of embalming fluids.



194 FAiHcinr.n cemeteky manual.

\ctc York LaicH.

REGULATIONS.

1. The transportation ro^rulations of the State Department of Health
and all rules or regulations of the several departments or hoards of
health in the State of Xew York pertaining to the preparation or burial
of bodies dying of contagious or infectious diseases, sliall l)e considered
a rule of the Hoard of Embalming Examiners and the violation of any
such rule or regulation may be considered sufficient reason for the
revocation of an cmi)almer's license.

2. No body of an infant dying of contagious or infectious disease
shall be carried in a coach or other conveyance used by the public.
.Ml such bodies should be conveyed in a hearse or undertaker's wagon.
L'nless the body is properly eml)almed and disinfected, the hearse or
covered undertaker wagon shall be immediately disinfected.

3. When called to care for a i)ody dying of small-pox, Asiatic cholera,
yellow fever, typhus fever, bubonic plague, diphtheria (membranous
croup), scarlet fever (scarlatina, scarlet rash), the embalmcr shall wear
an embalmer's suit of some smooth material drawn tight at neck, wrist
and ankles and tight covering for his hair and ])ut on the same before
entering the aj)artnients where such l)ody lies, and remove it immediately
upon leaving such apartments, and tiic eml>almer's suit shall be imme-
diately disinfected. The emlialmer shall disinfect his hands and face
immediately by washing in some good disinfectant, and also immerse
his instruments in such disinfectant.

4. All paraphernalia used at funerals of contagious or infectious dis-
eases shall be inuiiediatcly fumigated unless premises have been disin-
fected before they were used.

5. All funerals of bodies dying of contagious or infectious diseases,
except typhoid fever, puerperal fever, erysipelas or tuberculosis, are to
be strictly private except that the body has been arterially embalmed
and j)remises disinfected and permission obtained from the health
authorities to be otherwise.

(i. No fluid shall be injected into any bimian dead body by any
emlialmer unless he is sure that the person died of natural causes or that
he has obtained permission from the attending j)hysician.

7. No fluid shall be injected into any hinnan dead body until the
embalmer shall have applied at least Ave of the following tests of death:

I. Tie a piece of string or place a small elastic band around the finger.
If life is i)resent the end of the finger becomes a livid color, but no
change occurs after death. This test may also be applied, by tying
a cord firmly around the wrist and noticing the veins on the back of the
hands; these gradually fill up witli blood if life is present; if life
is extinct, no change occurs. If this test is apjilied in this way the
front of the wrist should be protected by a small piece of board or
pasteboard to prevent pressure on the arteries which would shut off
all blood supply.

II. Hold a cold mirror before the nostrils and mouth and notice if
a moisture ajipears on the mirror.

III. IMace a small light piece of cotton or wool or a small feather
over the li])s and notice if there is t.ic slightest sign of breatliing.



FAIRCHILD CEMETERY MANUAL. 195

'New York Laics.

IV. Look for rigor-mortis and discolorations in the dependent parts
of the body. If the limbs are stiifened, bending them in true rigor-
mortis does away with the stiffness, and discoloration may be made
to disappear by changing the position of the body.

V. Examine the eye and see if it is flaccid. Flash a bright light in
the eye and notice if the pupil contracts under the light and dilates
when the light is removed. The eye should be kept dark for a moment
before making the test. If the eye is not sensitive to light, life is
extinct. In death the clear portion in the front of the eye (the cornea)
becomes cloudy or milky and the eyeball flattened, and feels soft instead
of firm and the white of the eye becomes brownish in color.

VI. Touch the skin lightly with black hot iron or lighted match or
candle and ol)serve if a blister containing water forms, and if the usual
pinkish hue appears around the part burned. They do not appear when
life is extinct.

VII. Place a saucer of quicksilver or water over the pit of the
stomach, so as not to touch the ribs, and observe if there be any agita-
tion of the surface which would indicate a pulsation of the heart or
a respiratory movement.

VIII. Prick with a needle and observe whether the subject is sensi-
tive to pain.

CORONER CASES.

8. No fluid shall be injected into any body dying suddenly, or from
unnatural causes, unless that the consent of the coroner, medical
examiner or attending physician has been obtained, and arterial work
shall be done in such cases.

9. From and after October 1, 1907, no embalmer shall inject into
any dead human body, for the jiurpose of preserving, disinfecting or
embalming the same, any fluid that is not a thorough germicide in
the proportions ordinarily used in embalming, that is eight parts of
fluid to one hundred and fifty parts of body weight, or that contains
arsenic, zinc, mercury, copper, lead, silver, antimony or chloral or any
substance or compound that contains either or any of them, or any
poisonous alkaloid. Except that nothing in this regulation shall apply
to the use of the above named substances in any duly incorporated medi-
cal college or scientific institution by those having in their legal posses-
sion human cadavers intended to be used for the purpose of medical
study or other legitimate purposes.

10. From and after October 1, 1907, no jjerson, firm or corporation
shall sell or offer for sale in the State of New York, any embalming
fluid (concentrated or bulk) or embalming compound which is not a
thorough germicide, in the proportions ordinarily used in embalming,
that is eight parts of fluid to one hundred and fifty parts of body
weight, or that contains arsenic, zinc, mercury, copper, lead, silver,
antimony or chloral or any substance or compound that contains any
or either of them, or any poisonous alkaloid.

11. For the purpose of having approved and certified by the Board



196 FAIRCHILD CEMETERY MANl-AL.

yetc York TM\rn.

of Knibahninp Examiners of tlie State of New York that an embalming
fluid or compound is a thorough germicide in the proj)ortioiis men-
tioned in regulations nos. 9 and 10 and contains none of the chemicals
prohibited in regulations nos. 9 and 10 of tliese regulations, any person,
firm or corporation manufacturing enibalniing fluid or compound may
submit to the said board a sample of his or its product under the name
l)y which it is known; and shall lie known; to be tested and to be
chemically analyzed. The Board of ?',mbalming Examiners shall, upon
such sui)mission, have made a test of such fluid or comjtound to de-
termine its germicidal (jualitics and a chemical analysis and upon finding
that the cml)alming fluid or compound meets the requirements of regu-
lations nos. 9 and 10, shall issue a certificate to such person, firm or
corporation that the said embalming fluid or compound is approved
for the preserving, disinfecting and embalming of dead human bodies
in the State of New York. Persons, firms or corporations making
a])|)lication for such a certificate shall pay one hundred dollars ($100)
to cover the cost of making the bacteriological tests and chemical
analysis.

1^. If at any time subsequent to the issuing of a certificate of ap-
proval of any embalming fluid or compound, it shall be found by a
bacteriological test, that the fluid or compound is not up to the
standard of the original test, upon whicii the certificate was issued
or ujion a chemical analysis, it shall be found that the fluid or com-
pound contains chemicals prohibited in regulations nos. 9 and 10, the
IJoard of Embalming Examiners shall revoke such certificate of approval.



RULES OF THE NEW YORK STATE DEPARTMENT OF HEALTH
FOR THE TRANSPORTATION OF THE DEAD.

'Hiese rules having been duly adopted and properly published, have
the force of law.

Rule 1. The transportation of l)odies dead of small-pox or bubonic
|)laguc is al)solutely forl)iddcn except upon certification, sworn to by
the undertaker in charge of the remains, and the certificate of the healtii
officer, i)oth to be ajijiroved by tiie State Commissioner of Ilcallh, tiiat
the bodies liave been thoroughly disinfected i>v (


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Online LibraryBrooklyn Fairchild sonsFairchild cemetery manual a reliable guide to the cemeteries of Greater New York and vicinity → online text (page 12 of 20)