Section 1. The Board of Public Works shall have the care, superintendence and management of the public cemeteries in the town and may make rules and regulations concerning the same which the Board of Health is not authorized by law to make, and which are not repugnant to any law of the Commonwealth or in contravention of any vote of the town. All moneys raised by the town or appropriated for the care, improvement, or embellishment of said public cemeteries, shall be expended by the Board of Public Works.
Section 2. The Board of Public Works shall keep set apart and reserved, a sufficient portion of the cemetery as a public burial place for the use of the inhabitants of Swampscott, free of charge and may also lay out any portion in said cemetery in suitable lots or other subdivisions for family or other burial places, with all necessary paths and avenues, in conformity with the plans heretofore adopted by the town; may plant and embellish the same with trees, shrubs and flowers, and other rural ornaments; shall keep the said cemetery suitably enclosed by a wall or fence; shall maintain in good repair a receiving tomb, and may cause to be erected such other structures as may be necessary or convenient for the use of the cemetery.
Section 3. The Board of Public Works shall have the authority to grant and convey to any person or persons by deed or certificate duly executed in the name of the Town of Swampscott, the sole and exclusive right of a burial, and of erecting tombs, cenotaphs and other monuments in any of the designated lots or subdivisions of the cemetery. Such deeds or certificates shall be recorded in a book kept for that purpose in the office of the Town Clerk.
Section 4. Any funds, moneys, or securities contributed for the use of said cemetery or burial lot therein, shall be paid to the Town Treasurer, unless otherwise provided by law, to be kept by him separate and apart from other funds of the town, and subject to the order of the Board of Public Works. Such proceeds shall be used for no other purpose than the care, improvement and embellishment of said cemetery, and any balance remaining at the end of any financial year over and above the annual expenditures may be invested by the Board of Public Works as a “Perpetual Care Fund”, the income of which shall be applied solely to the care of said cemetery. A detailed account of the receipts and expenditures and of the investments of the fund shall be included in the Annual
Section 5. It shall be the duty of the Board of Public Works to have entire control of the town tomb, and superintend all interments in the cemetery, keeping accurate record of same.