Brooklyn Fairchild sons.

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

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injection with an ap|>roved embalming fluid, (6) disinfecting and stoj)-
j)itig all orifices with altsorbciit cotton, and, (c) washing the iiody with
an apj>roved disinfectant, all of which must be done by a licensed
cml)aluicr of the State of New York. After iteing disinfected as above,
such i)ody shall be enveloped in a layer of dry cotton not less than
one inih thick, completely wrajiped in a sheet and bandaged, and en-
cased in an air-tight zinc, copper or lead lined coffin, or iron casket,
nil joints and seams hcrinetically sealed, and all enclosed in a strong,
tight wooden box. Or, the body being prcj>ared for siupment by dis-
infecting and wrapping as above, may lie placed in a str(»ng coffin or
casket, and said coffin or casket encascil in an air-tight zinc, copper
or tin case, nil joints and seams hermetically soldered and nil enclosed


New York Laws.
in a strong outside wooden box, or the casket may be enclosed in a
hermetically sealed metal case.

Rule 2. The bodies of those who have died of Asiatic cholera, yellow
fever, typhus fever, diphtheria (membranous croup), scarlet fever (scar-
latina, scarlet rash), erysipelas, leprosy, glanders or anthrax, shall not
be accepted for transportation unless prepared for shipment in the
manner prescribed by Rule 1, the same to be approved and certified
to by a local health officer.

Rule 3. The bodies of those dead of typhoid fever, puerperal fever,
tuberculosis, measles and cerebro-spinal meningitis, or other dangerous
communicable diseases other than those specified in Rules 1 and 2 may
be received for transportation when prepared for shipment by filling the
cavities with an approved embalming fluid, washing the exterior of the
body with an approved disinfectant, stopping all orifices of the body
with absorbent cotton, and by being arterially embalmed with an ap-
proved embalming fluid, all of which must be done by a licensed em-
balmer of the State of New York, and the same encased in a coffin or
casket and outside wooden or metal box. In the event of bodies dying
of diseases mentioned in this rule not reaching their destination within
120 hours after the hour of death, the casket or overbox shall be her-
metically sealed.

Rule 4. The bodies of those dead of diseases that are not contagious,
infectious or communicable, may be received for transportation when
encased in a sound casket or overbox, provided that they reach their
destination within thirty liours after death. If the body cannot reach
its destination within thirty hours after death, it must be prepared for
shipment by filling the cavities with an approved embalming fluid, wash-
ing the exterior of the body with an approved disinfectant, stopping all
orifices with absorbent cotton and the body must be arterially embalmed
with an approved embalming fluid by a licensed embalmer of the State
of Ne^Y York, and the same encased in a coffin or casket and outside
wooden or metal box.

Rule 5. In cases of bodies dead of diseases mentioned in Rules 1
and 2, the body must not be accompanied by persons or articles which
have been exposed to the infection of the disease, unless certified by
the health officer as having been properly disinfected; and before selling
passage tickets, agents shall carefully examine the transit permit and
note the name of the passenger in charge, and of any others proposing
to accompany the body. The transit permit in such cases shall specifi-
cally state who is authorized by the local board of health to accom-
pany the remains. In all cases where bodies are forwarded imder Rules
1 and 2 notice must be sent by telegraph to healtli officer at destination,
advising the date and train on whicli the body may be expected. This
notice must be sent by or in the name of the health officer at the initial
point, and is to enable the health officer at destination to take all neces-
sary precautions at that point.

Rule 6. Every dead body must be accompanied by a person in charge,
who must be provided with a passage ticket and also present a full
first-class ticket marked " Corpse " for the transportation of the body.


ft etc York I.aica.

and a transit permit — with undertaker's certifieate, name of deceased,
date of death; age, phioe of death, eause of death, the point to which
the body is to he sliipj)cd, and when death is caused hy any of the dis-
eases specified in Unics 1 and 2, the name of the person authorized l>y
the local hoard of health to accompany the bcnly. The undertaker's
certificate and jiastcr shall he detachftl from the transit jiermit and
j>asted on the ct)tfin hox. The transit permit shall he handed to the
passenger in charge of the corpse. When a body is transported by
express, the express messenger will be in charge of the body, hold the
transit ])ennit and surrender the same to the jierson to \\honi the
corpse is consigned.

Rule 7. Kvery disinterred body, dead from any disease or cause, shall
i>e treated as infectious or dangerous to the ])ublic health and shall not
be accej)ted for transportation unless said removal has been apj)roved
i>y the IcM-al health authorities having Jurisdiction where such body is
disinterred, and the consent of the health authorities of the locality to
which the corj)se is consigned has first been obtained; and if the deatli
was from causes s])ecified in Rule 1 the approval of the State Com-
missioner of Health must likewise be ol)tained. All such disinterred
renuiins shall be enclosed in a hermetically sealed zinc, tin or copjier
lined coffin or box or hermetically sealed metal case. Bodies deposited
in receiving vaults shall not be treated and considered the same as
buried bodies when originally prepared by a licensed eml)almer of the
State of New York as tlirected in Rules 1, 2 and 3 (according to the
nature of the disease causing death), j)rovided shijiment takes j)lace
within tliirty days from time of death. After thirty days all such
l)odies must be enclosed in a hermetically sealetl casket or in a casket
enclosed in a hermetically sealed (soldered) zinc, tin or cojiper lined
box or hermetically sealed metal case, and permission nmst be obtained
from the health authorities of the h)cality to which the corj)se is con-
signetl before the shipment is made. Bodies not so prejiared and de-
positeil in receiving vaults will be treated the same as buried bodies.

Rule S. The term " ajiproved embalming fluid " as used in these
rules means iin embalming fluid that has been submitted to a bacterio-
logical test and ai)i)rove(l by the Boaril of I'.mbalming l-',xaminers of
the State of New York. .V o ])er cent, solution of carbolic acid, a 1/500
solution of corrosive sul)limate or 14 per cj'iit. of a 10 per cent, solu-
tion of formaldehyde are approved as disinfectants for external wash-
ing of bodies when re(juired by these rules. Other prepared disinfectants
of equal germicitlal action may also be used.

To Trnnsptirtatinn Aijents Concerned:

\o\\ will in no case receive a C(»r]ise for transportation unless accom-
jianied by a board of health certificate, also an undertaker's certificate
that the body has been jirepared for and shijiment in accordance
with tlie rules of tlie State J)ciiartment of Health, nor will you receive
it even irith such cerdficafes if fluids (tre escaping from the case or it
has become ofensire in any depree. One full first-class limited or
unlimited tick«'t will lu- nciuircd for the transportation of a corpse with-


'New York Laws.
out regard to the age of the deceased, and a corpse will not be taken for
transportation except there is a passenger with it in charge. The word
" Corpse " should be plainly written on the face of a local and each
coupon of a coupon ticket. A record must be made of all bodies
shipped and carried, on the back of your station and trip reports, giv-
ing name of deceased, and destination.

It will be the duty of agents and baggage agents to see that each
burial case is properly marked on " paster," giving date and at what
station shipped, point of destination, " state," number and form of ticket,
name of passenger in charge and place of residence, with name of agent.
If the corpse is destined to a point beyond the initial line, the initials
of each road over which it passes must be written on the paster; also
the terminal point of each road at which transfer is made with con-
necting line, as shown on the couiDons of the ticket.

You will see that the " Certificate of Undertaker " is properly filled
out by him, and the paster is properly filled out by yourself and it
securely jjasted to the coffin box before it is put into the car, and the
permit remaining you will hand to the passenger in charge of the corpse.

All this information is necessary to insure the prompt and correct
transportation of the coi'pse.


Cemeteries may be organized under the general laws of the
State, or may be incorporated under a special law, when in the
judgment of the legislature, the objects of the corporation can
not be attained under the general laws (Const. N. Y., Art. 8, § 1).

Cemeteries are usually incorporated under the Membership
Corporation Law, Article IV. This statute provides the manner
of incorporation, organization and management, and governs the
rights, duties and obligations of the corporation, its members and
lot owners.

Cemetery lands may be acquired by eminent domain, purchase,
gift and dedication.

The rights and privileges of members and lot owners are fixed
and determined by the statutory law, and by the rules and regu-
lations of the corporation. As a general proposition a plot can
not be transferred after an interment has been made therein.

The real estate of a corporation organized exclusively for
cemetery purposes is exempt from taxation, unless organized for
profit, or its officers receive profit therefrom beyond a reasonable
compensation for their services (Tax Law, § 4, Subd. 7).

Gifts of real and personal property to a cemetery corporation,
in trust for the perpetual care and maintainance, improvement


A'fic York Laics.

or embellishment of private burial lots in cemeteries, and the
walks, fences, monuments, structures and tombs therein are per-
mitted, and shall be deemed to be for charitable and benevolent
uses, and shall not be deemed invalid by reason of any indefinite-
ness or uncertainty of the persons designated as beneficiaries,
nor shall they be deemed invalid as violating any existing law
against perjjetuities or the suspension of the power of aliena-
tion (Personal Prop. Law, § \Sa\ Real Prop. Law, § 114a).


New Jersey Laws.



The Board of Health of the State of New Jersey takes cog-
nizance of all matters eifecting the life and health of citizens
(Gen. Stat. Health, §§ 1, 2).

Said board also constitutes the State Bureau of Vital Statistics,
which among other things registers deaths occurring in the State
(Gen. Stat. Health, § 2).

There are also local boards in all municipal divisions of the
State (Gen. Stat. Health, §§9, 10).

Local boards have the power to adopt ordinances (Gen. Stat.
Health, § 16).

Such boards also may prescribe the penalty of the violation
thereof (Gen. Stat. Health, § 18).

Such boards have the power to specify when no public funeral
shall be had, because of death from certain diseases, and a viola-
tion of such regulations may be punished by a fine not to exceed
$50 (Gen. Stat. Health, § 25).

Such boards also have the power to regulate the burial and
interment of human bodies (Gen. Stat. Health, § 29).

It is not lawful for any sexton or undertaker to act as deputy
registrar of vital statistics, nor to issue permits for the burial
of the dead (Gen. Stat. Health, § 99).

County boards of health may adopt rules or by-laws and
ordinances to compel the registration of deaths (Gen. Stat.
Health, §§ 101-103).

A Board of Undertakers and Embalmers of the State of New
Jersey was created in 1906 (Ch. 219, L. 1906, § 1), and the
practice of embalming and undertaking is governed by said
statute and those amendatory therof and supplemental thereto.
This board has the power from time to time to adopt and approve
rules, regulations and by-laws (Ch. 219, L. 1906, § 3).*

* Although application was made, it was impossible to obtain a copy
of the rules and by-laws of said board.



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New Jersey Laws.

All applicants for licenses as undertakers and embalmers are
required to pass uniform examinations upon questions pertaining
to embalming,, the disposition of the human bodies and shipment
of bodies of persons dying of contagious or infectious diseases,
or any cause whatsoever, in accordance with the rules of the
State Board of Health, and upon such other subjects as the
board may deem proper (Ch. 219, L. 190G, § 3).

No person shall engage in the undertaking or embalming
business without a license (Ch. 219, L. 1906, § 10).

In order to obtain a license all applicants must pass an ex-
amination held by the State Board and must file an application
accompanied by $5, and the certificate of three persons that the
applicant is twenty-one years of age, is of good moral character,
has had a grammar-school education, and has served two years'
apprenticeship with a reputable funeral director (Ch. 219, L.
1906, § 4, 5).

The license when issued must be recorded by the State Board,
and must be registered with the local board of health, and dis-
played in a conspicuous place in the office or place of business
of the licensee (Ch. 219, L. 1906, § 6).

The said board has the power of revocation of licenses upon
the conviction of the licensee of certain offenses and for the
violation of the provisions of this act, or of the rules and regu-
lations of the State Board (Ch. 219, L. 1906, §§ 7, 10, 11) and
the offenses mentioned in said § 11 are punishable by a fine of

The license issued by the State Board is not assignable, and
only one person may conduct business thereunder, except in the
case of representatives of a deceased licensee who are continuing
the business (Ch. 219, L. 1906, § 8).

The transportation of the dead is governed by Ch. 156 of the
laws of 1900.

It is not lawful for any undertaker or other person to convey
or aid in the conveyance to any railroad or common carrier, to
be transported across or within the State, nor is it lawful for any
common carrier to accept for transit, or to transport across, or
within the State, any human body dead of certain specified con-
tagious or infectious diseases, unless the same is enclosed in a
hermetically sealed casket, and unless a license of such trans-
portation be obtained from the Board of Health of the State,


.Vcir Jcrac]/ Latcs.

and a violation of this statute is punishable by a fine of $100

(Ch. 1j, Laws of li»0(), § 2).

Upon filing with the local Registrar of Vital Statistics, one
of each of said certificates, said registrar shall issue a transit
permit (Ch. ];">•;, Laws of 1!)00, §3).

\\'lien it is desired to transport by common carrier, from a
I)oint without, to a point within or across tlie State, a body of a
jierson who shall have died outside of the State, the undertaker
or j)erson attending said body in transit or shipping same, shall
att.ieh to the outside of the casket, a certificate of death made
by the physician, who attended the deceased during the last
illness. If such certificate is not so attached as aforesaid, it
shall l>e lawful for a common carrier to refuse transportation.
If it be inconvenient to obtain such ])hysician's certificate, then
any member of a local board of health may, after inquiry, make
such certificate. If there be no undertaker's certificate accom-
panying such body, and it be inconvenient to

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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 13 of 20)