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SEC. 3076. All marriage certificates must be recorded Marriages as required by section seventy-four of the Civil Code.

must be recorded.

Recorder.

SEC. 3077. All persons registering births or deaths Reports to must quarterly file with the County Recorder a certified copy of their register. All such certificates must specify as near as may be ascertained the name in full, age, occupation, term of residence in the city or county, birthplace, condition, whether single or married, widow or widower, color, last place of residence, and cause of death of all decedents.

SEC. 3078. If at any birth no physician or midwife Same. attends, the parents must make the report.

Recorder.

SEC. 3079. The Recorder must record all marriage cer- Duties of tificates and keep separate registers, to be known as the "Register of Births" and the "Register of Deaths," in which the births and deaths certified to him must be numbered in the order in which they are reported to him. There must be stated in each register, in separate columns properly headed, the various facts contained in the certificates, and the name and official or clerical position of the person making the report. The Recorder must carefully examine each report and register the same birth or death but once, although it may be reported by different persons.

Report to of state and

Secretary

of Board of Health.

SEC. 3080. The County Recorder must every three months transmit to the Secretary of the State Board of Health at Sacramento City a certified abstract of the registers of births, marriages, and deaths, prepared in the manner prescribed in the instructions of the Secretary and upon blanks to be furnished by him for that purpose. SEC. 3081. The persons reporting births and deaths to Fees. the Recorder must pay to him a fee of twenty-five cents for the registration of each name, which must be primarily paid by the parents or other next of kin to the person whose birth or death is reported, and the fee allowed by law for recording a marriage. In case no fee is paid to the person reporting a birth or death to the Recorder

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by the parents or next of kin of the person reported, the
same must nevertheless be reported and registered, and
the Board of Supervisors must pay from the General
Fund of the county a fee of not exceeding ten cents for
each name reported to the person reporting and the
Recorder registering births and deaths.

SEC. 3082. Any person on whom a duty is imposed by
this Chapter who fails, neglects, or refuses to perform the
same as herein required, is liable to a penalty of fifty dol-
lars, to be recovered by the District Attorney of the
proper county for the use of the General Fund of such
county.

NOTE. This Chapter is suggested by the Secretary of the State Board of Health, and is necessary for preserving proper statistics, and, to a certain extent, accords with the Political Code of New York and the laws of other States. We once had a statute on this subject, but the machinery was too cumbersome and expensive. This is economical and supplies a deficiency which is much needed.

S

Physi

cians, etc.,

dead

bodies.

CHAPTER IV.

DISSECTION.

SECTION 3093. Physicians, etc., may obtain dead bodies.
3094. Sheriffs, etc., to give dead bodies to physicians in cer
tain cases. When dead bodies are not to be given.
3095. Physicians, etc., to have certificate from Medical So-
ciety and to give bond before receiving dead bodies.

SEC. 3093.

Any physician or surgeon of this State, or

may obtain any medical student under the authority of any such physician or surgeon, may obtain, as hereinafter provided, and have in his possession human dead bodies, or the parts thereof, for the purposes of anatomical inquiry or instruction.

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Stats. 1870, p. 405.

SEC. 3094. Any Sheriff, Coroner, Keeper of a County Poorhouse, public Hospital, County Jail, or State Prison, or the Mayor or Board of Supervisors of the City of San

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Francisco must surrender the dead bodies of such persons as are required to be buried at the public expense to any physician or surgeon, to be by him used for the advancement of anatomical science, preference being always given to medical schools by law established in this State, for their use in the instruction of medical students. But if such deceased person during his last sickness requested to be buried, or if within twenty-four hours after his death some person claiming to be of kindred or a friend of the deceased requires the body to be buried, or if such deceased person was a stranger or traveler who suddenly died before making himself known, such dead body must be buried without dissection.

that he

When dead

bodies are

not to be

given.

cians, etc.,

to have from Mediand to give

certificate

cal Society

bond before receiving dead bodies.

SEC. 3095. Every physician or surgeon, before receiv- Physiing a dead body, must give to the board or officer surrendering the same to him a certificate from the Medical Society of the county in which he resides, or if there is none, from the Board of Supervisors of the same, is a fit person to receive such dead body. He must also give a bond, with two sureties, that each body so by him received will be used only for the promotion of anatomical science, and that it will be used for such purpose within this State only, and so as in no event to outrage the public feeling.

CHAPTER V.

CEMETERIES AND SEPULTURE.

SECTION 3105. Title to cemetery grounds.

3106. What constitutes a cemetery.

3107. Cemeteries, how laid out and dedicated on public
lands.

3108. Inhabitants of city, town, or village to own cemetery.

3109. Public cemeteries, under whose control.

3110. Who exercises jurisdiction and control over.

3111. Register must be kept.

SEC. 3105. The title to lands used as a public cemetery or graveyard, situated in or near to any city, town, or village, and used by the inhabitants thereof continuously

Title to cemetery grounds.

What constitutes

without interruption as a burial ground for five years is vested in the inhabitants of such city, town, or village, and the lands must not be used for any other purpose than a public cemetery.

SEC. 3106. Six or more human bodies being buried at a cemetery. one place constitutes the place a cemetery.

Cemeteries, how laid out and 'dedicated on public lands.

Inhabit

ants of

city, town, or village to own cemetery.

Public cemeteries, under whose control.

Who

exercises:

jurisdic

tion and control over.

Stats. 1854, p. 6, Sec. 4.

SEC. 3107. Incorporated cities or towns, and for unincorporated towns or villages, the Supervisors of the county, may survey, lay out, and dedicate of the public lands situate in or near such city, town, or village, not exceeding five acres, for cemetery and burial purposes. The survey and description thereof, together with a certified copy of the order made constituting the same a cemetery must be recorded in the Recorder's office of the county in which the same is located.

SEC. 3108. The inhabitants of any city, town, village, or neighborhood may by subscription or otherwise purchase or receive by gift or donation, lands not exceeding five acres to be used as a cemetery, the title thereof to be vested in such inhabitants, and when once dedicated to use for burial purposes must thereafter be used for no other purpose.

SEC. 3109. The public cemeteries of cities, towns, villages, or neighborhoods must be inclosed and laid off into lots, and the general management, conduct, and regulation of interments, permits to inter, or remove interred bodies, the disposition of lots and keeping the same in order, is under the jurisdiction and control of the cities and towns owning the same, if incorporated; if not, then under the jurisdiction and control of the Board of Supervisors of the county in which they are situated.

SEC. 3110. The Boards of Supervisors, City Trustees, or other corresponding authorities having jurisdiction and control of cemeteries may make general rules and regulations therefor, and appoint Sextons or other offi cers to enforce obedience to the same, with such other

powers and duties regarding the cemetery as they may deem necessary.

Register

must be

SEC. 3111. The authority having control of a public cemetery must require a register of name, age, birth- kept. place, and date of death and burial of every body interred therein, to be kept by the Sexton or other officer, open to public inspection.

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3123. When and what notices to be posted.

3124. If animal not claimed what proceedings to be had.

3125. Estray, when and how kept.

3126. How estray may be sold.

defined.

SEC. 3122. Any horse, mule, jack, sheep, hog, goat, Estray neat cattle, or other domestic animal of value found running at large upon the farm, lands, or premises of any person other than those of the owner of such animal, is an estray, and may be taken up and detained by the owner or occupant of the land on which the same is found.

Stats. 1856, p. 186, Sec. 1; 1859, p. 147, Sec. 1; 1863,
p. 581, Sec. 1; 1863, p. 697, Sec. 1; 1859, p. 149,
Secs. 1-5, "Stallions;" 1860, p. 107, Sec. 1, "Stal-
lions;" 1866, p. 327, Secs. 1, 2, "Stallions."

SEC. 3123. The person taking up an estray must safely keep the same, and immediately post in three of the most public places in the township, one of which must be the public district school house, and another the Post Office, if any, written notices of the time and place of taking up,

When and notices to

what

be posted.

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