ing application for the certificate, and, whether the dental college that issued the diploma maintains a standard of dental education conforming to that fixed by the Board, and whether the application otherwise complies with the rules of the Board. If these facts are shown by competent evidence, it shall be the duty of the Board to issue a certificate signed by its President and Secretary, and over its official seal, stating that the person applying for such certificate and possessing such diploma is entitled to a license to practice dentistry in the State of Indiana.

4257j. Review of evidence.

19. The Board shall have the right to review the evidence upon which a license has been obtained, and if it shall be found that a license has been obtained by fraud or misrepresentation, the Board shall revoke such license.

4257k. License refused, when. 20. The Board may refuse to

grant a certificate to any person guilty of felony, or gross immorality, or addicted to the liquor or drug habit to such a degree as to render him unfit to practice dentistry, or to any person who may be found by the Board to be insane; and may after notice and hearing, revoke a certificate and any license which may have been granted thereon for like cause. An appeal may be taken from the action of the Board to the Circuit or Superior Court of the county in which the certificate was refused or revoked by the Board, upon the applicant giving a good and satisfactory bond in the sum of two hundred dollars, to be approved by the court, to secure the costs of such appeal should the appeal be determined against him.

42571. Attorney General and prosecuting attorney represents board. 21. It shall be the duty of the Attorney General, and of the Prosecuting Attorney of the court to which an appeal from any action of the Board may be taken, to represent the Board in any such appeal; and in case such Board shall be sustained upon appeal, a fee of twenty dollars shall be taxed as a part of the costs of the appeal in favor of the prosecuting attorney.

4257m. Act does not apply, when.

22. This Act shall not apply

to any commissioned officer of the United States Army, Navy or Marine Hospital service in the discharge of his official duties, nor to any dentist who is legally qualified to practice in the, state or territory in which he resides, when in actual consultation with a local practitioner of this State; nor to any dentist residing on the border of a neighboring State and duly authorizing to practice dentistry under the laws thereof, whose practise extends into the borders of this State: Provided That such practitioner shall not open an office or appoint a place to meet patients or solicit practice within the limits of this State.

4257n. Physicians and surgeons exempt. 23. This Act shall not apply to licensed physicians or surgeons, who are hereby authorized to extract teeth and to perform surgical operations at their usual office, residence, or in the vicinity of their ordinary practice, whenever in their judgment the same may be necessary.

42570. What constitutes practice. 24. To open an office for such

purpose, or to announce to the public in any way an intention to practice dentistry in any county in the State, shall be to engage in the practice of dentistry within the meaning of this Act.

4257p. Three members may grant permit. 25. Any three mem

beas of the Board may grant a permit to practice dentistry to any person who shall possess a diploma or who shall have attended not less than two years at a reputable dental college recognized by the Board, and who shall file with the Secretary of the Board his application therefor: but such permit shall by its terms be limited to some specified period of time, not to exceed a year and no second permit shall be granted to the same person.

4257q. Holder of permit to have license. 26. The holder of a per

mit shall not be authorized to practice dentistry thereon until the same has been presented to the Clerk of the Circuit Court of the county in which said applicant proposes to practice and a temporary license shall have been issued thereon, which license shall show upon its face the time of the expiration of the authority given by the Board to practice dentistry, for which license the same fee shall be paid as for other dental liNor shall any permit authorize the issuance of a license which does not on its face show the time at which it expires.

censes.

4257r. Penalty for practicing without license. 27. Any person who shall practice dentistry in this State without having a license duly issued as hereinbefore provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars nor more than two hundred dollars.

4257s. Annual report of board. 28. The Board shall make an an

nual report to the Governor and Indiana State Dental Association.

4258. What dead bodies used. 1. When the body of any person who shall die in any State, city, or county prison or jail, or county asylum or infirmary, or public hospital, within this State, shall remain unclaimed by any next of kin or relative of such deceased person for twenty-four hours after death, and be liable to be buried at public expense, and there are no next of kin of such deceased person, or next of kin, if known, shall, upon notice, refuse to receive and bury the body of such deceased person, such body may be used as a subject for anatomical dissection and scientific examination, in aid of medical and surgical science, as hereinafter prescribed: Provided, That when any person shall express a wish to be buried, the dead body of such person shall not be delivered for dissection, but shall be properly buried.

4259. How dead body obtained. 2. It shall be lawful for the superintendent or warden of any State prison, or the superintendent of any county asylum or infirmary, or the Sheriff of any county having charge of the county jail, or the Chief of Police, City Marshal, or other city official having charge of any city prison, or the superintendent or other proper official in charge of any hospital within this State, upon the written application of the faculty or other proper authority of any duly incorporated and reputable medical college, or incorporated medical association, organized and in operation within this State, to deliver to such college or incorporated medical association as shall first make application therefor, for anatomical dissection or other scientific purposes of such college or association, the unclaimed body of any person dying as aforesaid: Provided, That such application be made before or within ten days after the interment of such body. And in every case of such delivery, the person receiving such body shall, in the name and behalf of such college or incorporated medical association, sign and deliver to the officer or person from whom the same is received, and whose duty it shall be to demand and obtain such receipt, a receipt therefor, stating, if known, the name, age, and sex of such person, and the place, date, and cause of death; which receipt shall be preserved and recorded in a book, to be kept for that purpose in the institution or association from which such body shall be delivered: Provided, That should the remains of any person, so delivered or received, be subsequently claimed by any relative or friend, they shall be given up to such relative or friend for interment, if so claimed within twenty-four hours.

1. The bodies of the dead belong to the surviving relatives, in the order of inherit. ance, as property.- Bogert v. Indianapolis, 13 Ind. 134.

2. For the law of burial, in its relation to the place of interment and the protection of the dead body, see In re Beekman Street, 4 Bradford (N. Y.), 503.

4260. Record-book. 3. It shall be the duty of every superintendent, officer, or person having in charge any institution or association named in the first section [§ 4258], to keep a book of record therein, wherein shall be entered, on the day of reception, the name, sex, and age of the person received as a prisoner or patient therein, his or her place of birth and of residence, the names of his or her parents, and their residence, if living, and the names and residence of the wife or husband, if any, and brothers and sisters, if any, of such person, and the date and cause of death of such person, if he or she died in such institution; and the body of any person dying as aforesaid, whose record, thus made, shall afford proof or probable reason to believe that there are next of kin of such person living within the United States, shall not be delivered to any medical college or incorporated medical association as aforesaid, except upon the neglect or refusal of such next of kin, after due notice, to receive and bury, or pay for the burial of such body, but shall be decently interred, subject to all lawful rights or claims thereto of such next of kin.

4261. Convict's body. 4. The dead body of any convict executed under the laws of this State for any capital offense may be, by the Sheriff, delivered, for dissection or other scientific purposes in medicine or surgery, to the faculty or other proper authorities of any duly incorporated and organized medical college or medical association within this State, in operation nearest to the place of such execution, upon the proper written request of such faculty or college authority: Provided, That there be no next of kin, known to the Sheriff, of such executed person, claiming such body; in which case, it shall be delivered to such claimant.

4262. When Coroner may deliver body. 5. In case of any vagrant found dead, or in case of any person killed while committing a felony, or if any prisoner convicted of felony, and justifiably killed in attempting to escape from prison or from officers of the law having him or her in lawful custody, upon the body of which person an inquest may lawfully be held and shall be held by the Coroner or other officer thereto lawfully authorized, it shall be the duty of such inquest to inquire as to the existence and residence of any next of kin of such deceased person; and if it shall be the verdict of such inquest that the person, so found dead or killed, had no next of kin, the Coroner or other officer holding such inquest may, at his discretion, and with the approval of the Sheriff of the county wherein such inquest is held, upon the request, in writing, of the faculty or other authorities of any duly incorporated and organized medical college or medical association. within this State, in operation nearest to the place of such inquest, deliver such dead body to such college, for the scientific purposes thereof, taking a proper descriptive receipt therefor, which shall be filed with the Clerk of the county.

4263. Pay for body-Penalty. 6. It shall not be lawful for any officer or agent of any incorporated medical association, nor for any other person, directly or indirectly, to tender or pay to any public officer or superintendent, or other person named in or intended in the preceding sec tions of this Act; nor for any such officer, superintendent, or person, directly

or indirectly, to ask, take, or receive, any money or other gift or valuable consideration or reward,- for the delivery of any dead body as aforesaid. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined in a sum not exceed ing one thousand dollars, and be imprisoned in the county jail not exceeding six months.

4264. Violating Act-Penalty. 7. Any officer, superintendent, or person named or intended in the preceding sections of this Act, who shall deliver over; or any person who shall knowingly receive, for dissection or scientific purposes, as aforesaid, any dead body, in violation of the provisions of this Act, shall be deemed guilty of a felony, and, on conviction, shall be fined in a sum not exceeding five hundred dollars, and be imprisoned in the State prison not exceeding three years.

4265. Gift or bequest of bodies lawful. 8. Nothing in this Act contained shall be held or construed to prohibit or prevent any reputable physician or surgeon, or duly incorporated and organized medical college or incorporated medical association within this State from acquiring and using, for anatomical and scientific purposes, by bequest or free gift from any person having lawful authority to bequeath or dispose of the same, the body or remains of any deceased person.

4266. "Next of kin" defined. 9. The term, "next of kin," as used in this Act, shall be taken and construed to mean surviving husband or wife, father or mother, son or daughter, brother or sister, or any relative within the sixth degree of consanguinity.

[1879 S., p. 154. In force May 31, 1879.]

4267. Duty of medical colleges. 1. Every medical school or college or incorporated medical association in this State shall keep, in a suitable book to be provided for that purpose, a record of all human bodies, or any part thereof, received by such school or college or incorporated medical association, or by any officer, professor, or student thereof, for the purposes of dissection; in which book shall be plainly entered, at the time of receiving such body, the name of the deceased person, if known, so received, and his or her residence when in life, and the true name and residence of the person from whom said body is received, and the price paid therefor; which book shall be produced and exhibited upon the demand of any officer who may, under proper process of law, be making inquest in the buildings or rooms of such school or college or incorporated medical association, for any dead body alleged to be unlawfully concealed therein, and upon the lawful demand of any Court or officer thereof.

4268. Custodian of record. 2. A person shall be designated by the faculty or board of trustees of said school or college or incorporated medical association to keep and have the custody of the record required by the preceding section to be kept; and if such person shall, on demand, fail or refuse to produce said book, he shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars, to which may be added imprisonment in the county jail for any period not less than one month nor more than one year.

4269. Receiving body without record-Felony. 3. Any person, who shall receive or have in possession, or dissect or permit to be dissected in any such school or college or incorporated medical association, any such

body, of which the record required by section one of this Act [§ 4267] shall not have been made, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by imprisonment in the State prison for a term not less than one year nor more than five years.

4270. False entry-Felony. 4. Any person, who shall knowingly make any false entry in the record required by section one of this Act [§ 4267] to be kept, shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished by imprisonment in the State prison for not less than one year, nor more than three years.

4271. Dissecting without right. 5. Any person who shall dissect, or have in his possession for the purpose of dissection, any human body, or any part thereof, other than such as are or may be given by law to such uses, shall be deemed guilty of a felony, and, upon conviction thereof, shall be imprisoned in the State prison for not less than two years nor more than five years.

4272. Presumption from possession. 6. When any such body shall be received or found in any building or rooms of any such school or college or incorporated medical association, it shall, for the purposes of this Act and of any prosecutions thereunder, be deemed and taken to be in the possession of the person or persons who, under the rules or practice of such school or college or incorporated medical association, have the supervision of the dissecting-room and of the instruction given therein, unless the contrary be made to appear.