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CHAPTER VI.

VIOLATING SEPULTURE AND THE REMAINS OF THE DEAD,

§ 290. § 291.

§ 292. § 293. § 294. § 295. § 296. $ 297.

Unlawful mutilation or removal of dead bodies.
Unlawful removal of dead body from grave for dissection,

etc.
Who are charged with the duty of burial.
Punishment for omitting to bury.
Who are entitled to custody of a body.
Arresting or attaching a dead body.
Defacing tombs and monuments.
Unlawful interments.

$ 290. Unlawful mutilation or removal of dead bodies. Every person who mutilates, disinters, or removes from the place of sepulture the dead body of a human being without authority of law, is guilty of felony. But the provisions of this section do not apply to any person who removes the dead body of a relative or friend for reinterment. En. February 14, 1872.

Cal.Rep.Cit. 58, 226; 58, 227; 135, 72; 135, 76.

Bodies not to be removed without permit: Pol. Code, sec. 3027.

Act to prevent disinterring dead bodies: See post, Appendix, title Public Health.

$ 291. Unlawful removal of dead body from grave for dissection, etc. Every person who removes any part of the dead body of a human being from any grave or other place where the same has been buried, or from any place where the same is deposited while awaiting burial, with intent to sell the same, or to dissect it, without authority of law, or from malice or wantonness, is punishable by imprisonment in the state prison not exceeding five years. En. February 14, 1872.

$ 292. Who are charged with the duty of burial. The duty of burying the body of a deceased person devolves upon the persons hereinafter specified:

1. If the deceased was a married woman, the duty of burial devolves upon her husband.

2. If the deceased was not a married woman, but left any kindred, the duty of burial devolves upon the person or persons in the same degree nearest of kin to the deceased, being of adult age, and within this state, and possessed of sufficient means to defray the necessary expenses.

3. If the deceased left no husband ror kindred answering the foregoing description, the duty of burial devolves upon the coroner conducting an inquest upon the body of the deceased, if any such inquest is held; if there is none, then upon the persons charged with the support of the poor in the locality in which the death occurs.

4. In case the person upon whom the duty of burial is cast by the foregoing provisions omits to make such burial within a reasonable time, the duty devolves upon the person next specified; and if all omit to act, it devolves upon the tenant; or if there is no tenant, upon the owner of the premises, or master; or if there is no master, upon the owner of the vessel in which the death occurs or the body is found. En. February 14, 1872.

Cal.Rep.Cit. 110, 88; 113, 203; 123, 289; 131, 72.

§ 293. Punishment for omitting to bury. Every person upon whom the duty of making burial of the remains of a deceased person is imposed by law, who omits to perform that duty within a reasonable time, is guilty of a misdemeanor; and, in addition to the punishment prescribed therefor, is liable to pay to the person performing the duty in his stead, treble the expenses incurred by the latter in making the burial, to be recovered in a civil action. En. February 14, 1872.

§ 294. Who are entitled to custody of a body. The person charged by law with the duty of burying the body of a deceased person is entitled to the custody of such body for the purpose of burying it; except that in the case in

which an inquest is required by law to be held upon a dead body by a coroner, such coroner is entitled to its custody until such inquest has been completed. En. February 14, 1872.

Cal.Rep.Cit. 131, 72; 134, 294.

$ 295. Arresting or attaching a dead body. Every person who arrests or attaches any dead body of a human being, upon any debt or demand whatever, or detains or claims to detain it for any debt or demand, or upon any pretended lien or charge, is guilty of a misdemeanor. En. February 14, 1872.

Cal.Rep.Cit. 118, 26.

$ 296. Defacing tombs and monuments. Every person who willfully and maliciously defaces, breaks, destroys, or removes any tomb, monument, or gravestone, erected to any deceased person, or any memento or memorial, or any ornamental plant, tree, or shrub, appertaining to the place of burial of a human being, or who shall mark, deface, injure, destroy, or remove any fence, post, rail, or wall of any cemetery or graveyard, is guilty of a misdemeanor. En. February 14, 1872.

$ 297. Unlawful interments. Every person who shall bury or inter, or cause to be buried or interred, the dead body of any human being, or any human remains, in any place within the corporate limits of any city or town in this state, or within the corporate limits of the city and county of San Francisco, except in a cemetery, or place of burial, now existing under the laws of this state, and in which interments have been made, or that is now or may hereafter be established or organized by the board of supervisors of the county, or city and county, in which such city or town, or city and county, is situate, shall be guilty of a misdemeanor. En. Stats. 1873-4, 458.

Cal.Rep.Cit. 60, 4.

CHAPTER VII.

OF

AND

CRIMES AGAINST RELIGION AND CONSCIENCE,

OTHER OFFENSES AGAINST GOOD MORALS.

$ 299. Sunday amusement, where liquors are sold. (Repealed.) § 300.

Keeping open places of business on Sunday. (Repealed.) $ 301. Limitation operation of preceding section. (Repealed.) § 302.

Disturbing religious meetings. § 303. Sale of liquors at theaters, and employing women to sell

liquors thereat. § 304. Selling liquors at camp-meeting. $ 305. Limitation of preceding section. § 306. Females exhibited in public places. § 307. Keeping or resorting to place where opium is used. § 308. Selling tobacco to minors. $ 309. Admission of minor to place of prostitution. § 310. No section of this number. $ 31042. Barber-shops open on Sunday.

or

$ 299. Sunday amusement, where liquors are sold. (Repealed.) En. February 14, 1872. Rep. Stats. 1883, 1.

Cal.Rep.Cit. 60, 198.

Note.—The section read as follows: “Sec. 299. Every person who, on the Christian sabbath, gets up, exhibits, opens, or maintains, or aids in getting up, exhibiting, opening, or maintaining, any bull, bear, cock, or prize fight, horse-race, circus, gambling-house, or saloon, any barbarous and noisy amusement, or who keeps, conducts, or exhibits any theater, melodeon, dance-cellar, or other place of musical, theatrical, or operatic performance, spectacle, or representation where any wines, liquors, or intoxicating drinks are bought, sold, used, drank, or given away, or who purchases any ticket of admission, or directly or indirectly pays any admission fee to or for the purpose of witnessing attending any

such place, amusement, spectacle, performance, or representation, is guilty of a misdemeanor.”

or

$ 300. Keeping open places of business on Sunday. (Repealed.) En. February 14, 1872. Rep. Stats. 1883, 1. Cal.Rep.Cit. 59, 7; 60, 152; 60, 188; 60, 190; 60, 191;

60, 192; 60, 193; 60, 195; 60, 198; 60, 201; 60, 205.

The section read as follows: “Sec. 300. Every person who keeps open on Sunday any store, workshop, bar, saloon, banking-house, or other place of business, for the purpose of transacting business therein, is punishable by fine not less than five nor more than fifty dollars."

$ 301. Limitation on operation of preceding section. (Repealed.) En. February 14, 1872. Am'd. 1880, 38. Rep. 1883, 1. Cal.Rep.Cit. 59, 12; 60, 188; 60, 189; 60, 190; 60, 191;

60, 192; · 60, 193; 60, 198; 60, 201; 60, 205. The section read as follows: “Sec. 301. The provisions of the preceding section do not apply to persons who, on Sunday, keep open hotels, boarding-houses, barber-shops, baths, markets, restaurants, taverns, livery-stables, or retail drug stores, for the legitimate business of each, or such manufacturing establishments as are usually kept in continued operation."

Act providing day of rest from labor: See post, Appendix, title Sundays.

Act providing for day of rest in bakeries: See post, Appendix, title Sundays.

$ 302. Disturbing religious meetings. Every person who willfully disturbs or disquiets any assemblage of people met for religious worship, by noise, profane discourse, rude or indecent behavior, or by any unnecessary noise, either within the place where such meeting is held, or so near it as to disturb the order and solemnity of the meeting, is guilty of a misdemeanor. En. February 14,. 1872.

Cal.Rep.Cit. 60, 195; 60, 198.

$ 303. Sale of liquors at theaters, and employing women to sell liquors thereat. Every person who sells or furrishes any malt, vinous, or spirituous liquors to any person in the auditorium or lobbies of any theater, melodeon, museum, circus, or caravan, or place where any farce, comedy, tragedy, ballet, opera, or play is being performed,

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