Monument

A thing intended to transmit to posterity the memory of some one. A tomb where a dead body has been deposited. In this sense it differs from a cenotaph, which is an empty tomb.

Dig. 11. 7. 2. $; 11. 7. 2. 42.

Coke says that the erecting of monuments in church, chancel, common chapel, or churchyard in convenient manner is lawful; for it Is the last work of charity that can be done for the deceased, who whilst he lived was a lively temple of the Holy Ghost, with a reverend regard and Christian hope of a Joyful resurrection. The defacing of monuments Is punishable by the common law; Year B, 9 Bdw. IV. c. 14; and trespass niay be maintained; 10 F. Moore 494; 1 Cons. 8.

C. 172; 8 Bingh. 186.

An heir may bring an action against one that injures the monument of 4 621; Ohabitablb U8B8. Althougli tlxe tee of church or churchyard be in another, yet he cannot deface monuments; Co. 8d Inst. 202. The fabric of a church is not to be injured or deformed by the caprice of Individuals; 1 Cons. S. 0. 145; and a monument may be taken down if placed inconveniently; 1 Lee, Eccl. 640. A monument containing an improper Inscription can be removed; 1 Curt Eccl. 880. As to inscriptions on monuments an^ their value as evidence, see Inscription.