HARRY HUGHES, Governor
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(2) IF ALL THE BODIES IN A CEMETERY ARE TO BE
DISINTERRED FOR PURPOSES OF RELOCATION OR ABANDONMENT OF THE
CEMETERY, ONE APPLICATION IS SUFFICIENT FOR THAT PURPOSE.
REVISOR'S NOTE: Subsection (a) of this section is new
language added to avoid repetition.
Subsections (b) through (e) of this section
formerly appeared as Article 43, § 22.
In subsection (b)(1) of this section, the phrase
"after delivery in a fetal death" is added to
reflect that delivery may not occur immediately
after death.
In subsection (b)(2) of this section, the
reference to "fetal death" is added to reflect
that certificates for death and for fetal death
are different.
In subsection (c) of this section, the former
references to "inter" and "interment" are deleted
as unnecessary in light of the use of the defined
term "final disposition".
In subsection (c)(2) of this section, the former
reference to a "sexton" is deleted as unnecessary
in light of the reference to a "person in
charge".
Subsection (d) of this section is revised to
merge the formerly separate, but similar
provisions as to the effect of a burial-transit
permit of this State and of another state or
country. This revision clarifies that the permit
of another state or country is authority for
transit in this State.
The only other changes are in style.
The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that Article 27, § 265 of the Code also relates
to disinterment and reinterment, including
removal of a body to ascertain the cause of
death. That section requires the approval of a
State's attorney and provides a penalty. The
General Assembly may wish to resolve the apparent
overlap between these sections. Also see the
reference to the State's attorney in Article 27,
§ 267 of the Code.
As to who has rights to a body or fetus, see
Snyder v. Holy Cross Hospital et al., 30 Md. App.
317 (1976).
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