422. United States, Jurisdiction.—The jurisdiction over the United States cemeteries is in the State where the cemeteries are located unless such jurisdiction has been ceded to the United States.[756]
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]
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.
425. State Authority.—The State Legislature has authority to control cemeteries or delegate that authority to some one else, and afterward to transfer it to a different person.[758]
426. Maryland, Two Acres.—Although the declaration of rights of the State of Maryland restricted the sale of lands for a cemetery for a church to two acres, the Legislature has power to grant leave to a cemetery association to take title to more land. And where the trustees bought twelve acres of land for a burial ground and a subsequent act of the Legislature authorized the enlargement of the cemetery not to exceed twenty-five acres, the title to the excess of the valid purchase was ratified and the title vested in the trustees.[759]
427. Consent, Application.—Where a statute provides that no cemetery shall be laid out without first obtaining the consent of the municipal authorities thereto, a written [pg 224] communication signed by the officers of an incorporated society is sufficient application; and a motion granting consent adopted by the city council is sufficient action on its part to comply with the statute.[760]
428. Charter, Ground, Members.—An application for a charter to incorporate a cemetery need not specifically locate the ground.[761] The charter or the articles of incorporation, or by-laws made under them, generally determines who shall be members of the corporation. And where every owner of a lot signing the constitution and by-laws becomes a member, the trustees can not vote on the unsold lots.[762]
429. Police Power, Trespass, Burial.—Under our laws the State, by reason of its police power, has control over the cemeteries within it. However, that power has generally been very favorably exercised. Laws both civil and criminal have been enacted to protect cemeteries from invasion and trespass and to protect tombstones from injury.[763] When authorized by the Legislature a city may make a by-law prohibiting burial within its limits, notwithstanding that the cemetery [pg 225] has been constantly used for over one hundred years.[764] Also, the city has authority to protect and regulate the use of a cemetery.[765]
430. Dwelling, Limits.—Most of the States provide that no cemetery shall be laid out within a certain limit of a dwelling. But after the cemetery is established a man can not have it moved when he puts up a dwelling within the limits or where he consented to the cemetery at the time it was established.[766]
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.[767] Additional lands may be obtained under the law of eminent domain by condemnation.[768]