Remains may be re claimed.

Restric

tions on uso.

Final burial

hours after death, been requested by any relative or friend for burial, may be delivered to professors and teachers of medical schools in this state for the uses of medical and surgical study; but no remains of a person detained for debt or as a witness, or on suspicion of crime, or of any traveler, or of any person who expressed a desire, in his last sickness, that his remains be buried, shall be so delivered, but shall be buried in the usual manner; and no remains of a person known to have any relative or friend shall be so delivered, without their consent.

§ 846. Any remains that have been so delivered shall be given up at any time to any relative or friend claiming them.

§ 847. Such remains shall be used for no other purpose than medical and surgical study, and shall not be in any manner trafficked in nor removed out of the state. Any person who violates any provision of this or the two preceding sections, or who knowingly receives any remains delivered up in violation of any such provision, is guilty of a misdemeanor.

§ 848. Those to whom such remains are so delivered shall after such uses bury the same decently in a public cemetery, under penalty of not less than twenty-five nor more than fifty dollars for each neglect, to be recovered by the health officer of the place for the benefit of his department.

CHAPTER XVII.

OBSERVANCE OF SUNDAY.

SECTION 849. Service of process, &c. 850. Recreations and traveling. 851. Selling on Sunday.

852. Observance of Saturday.

853. Service of process on persons who observe Saturday.

854. Prosecution of offenders.

855. Limitation.

856. Collection of penalties.

857. Certificate of conviction, &c., to be filed.
858. Costs.

process, &c.

§ 849. No papers shall be served, and no pro- Service of cess, judgment or order, of any court or officer of justice shall be served or executed on Sunday, except in cases of breach or apprehended breach of the peace, or for the apprehension of persons charged with crimes, misdemeanors, and except in cases specially authorized by law. A person violating this section is liable in damages therefor to the injured party.

2 R. S., 83, § 65.

and travel

ing.

§ 850. There shall be no shooting, hunting, Recreations fishing, sporting, playing, horse-racing, gaming, frequenting of tippling-houses, or any unlawful exercises or pastime on Sunday; nor shall any person travel on that day, unless in cases of charity or necessity, or in going to or returning from some place of worship within twenty miles, or in going for medical aid or for medicines and

Selling on
Sunday.

returning, or in visiting the sick and returning, or in carrying the mail of the United States, or in going express by order of some public officer, or in removing his family or household furniture, when such removal was commenced on some other day; nor shall there be any servile laboring or working on that day, excepting works of necessity and charity, unless done by some person who uniformly keeps Saturday as holy time, and does not labor or work on that day, and whose labor shall not disturb other persons in the observance of Sunday. Any person fourteen years of age or upwards, who violates any provision of this section, is liable to a penalty of one dollar for each offense.

2 R. S., 83, § 66.

§ 851. No person shall expose to sale any articles on Sunday; except meats, milk and fish, which may be sold before nine o'clock in the morning; and except medicines, which may be sold at any time; and the articles so exposed for sale shall be forfeited. Upon conviction of the offender by any justice of the peace of the county, or mayor, recorder or alderman of the city, such officers shall issue a warrant for the seizure of the forfeited articles, which, when seized, shall be sold on one day's notice, and the proceeds shall be paid to the overseers of the poor for the use of the poor of the town or city.

Ib., § 67.

of Saturday.

§ 852. Every person who keeps Saturday as Observance holy time and does not labor on that day is exempt, on that day, from performance of military duty, except in case of war, invasion or insurrection, and from performance of jury duty.

2 R. S., 84, § 69.

§ 853. Whoever maliciously procures any process in a civil action to be served on that day upon any such person, or serves any such process returnable on that day, or maliciously procures any civil action, to which such person is a party, to be adjourned to that day for trial, is guilty of a misdemeanor.

Ib., §§ 70, 71.

Service of

process on persons

who ob

serve Saturday.

of offenders

§ 854. On complaint made to any justice of the Prosecution peace, mayor, recorder or alderman, of a violation of any provision of this chapter, or when such magistrate witnesses any such violation, he shall cause the offender to be brought before him; and if upon summary inquiry he is found guilty, the magistrate shall make a record of his conviction. Such conviction is not the subject of review upon the merits. No process to enforce it shall issue before the record is signed.

Ib., § 72.

§ 855. No prosecution shall be had for any of Limitation. the violations specified in the preceding section, unless by issuing process to apprehend the offender,

Collection of penalties

Certificate of convic

tions, &c.,

or by his actual appearance to answer the complaint, within twenty days after the offense.

2 R. S., 84, § 73.

§ 856. Upon a conviction for any such offense, the magistrate shall, except where it is otherwise provided, issue an execution to any constable of the county, commanding him to levy the penalties and costs, of the personal property of the offender, and in case sufficient cannot be found, then to commit him to the county jail for a specified time, not less than one nor more than three days.

Ib., § 74.

§ 857. Within thirty days after days after any such conto be filed. viction, the magistrate shall cause to be filed, in the office of the clerk of the county, a certificate thereof, briefly stating the offense charged, the conviction and judgment thereon, and, if any fine has been collected, the amount thereof and to whom paid.

Costs.

Ib., 85, § 75.

§ 858. The same fees shall be paid by the convict as in civil suits before justices of the peace, but in no case to exceed five dollars; but no fees shall be allowed in case of his imprisonment. Ib., § 76.