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property tax of not exceeding one fourth of one per cent yearly until the same is paid. En. March 12, 1872.

§ 3064. Compensation. The board of supervisors must fix the salary or compensation of boards of health or health officer, and provide for the expenses of enforcing the provisions of this article. If the board of supervisors or board of trustees, council, or other corresponding board of any incorporated town, neglects to provide a board of health or health officer by the first day of July, eighteen hundred and eighty-seven, the state board of health may direct the district attorney of the county to begin an action against such board of supervisors, or board of trustees, or corresponding board, to compel the performance of their duty, or may appoint a board of health, or health officer with the powers of a board of health, for such town or city, and the expenses of such board of health or health officer shall be a charge against the incorporated city or town for which such appointment shall be made: and when the appointment is made for unincorporated towns, the expenses of the board of health or health officer is a charge against the county. En. Stats. 1889, 43.

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3083.

§ 3084.

Penalties.

Printing and distribution of forms of register.
Permit for burial.

§ 3074. Registry of marriages. All persons who perform the marriage ceremony must keep a registry of the time of each marriage so celebrated, the residence, the names in full, the place of birth, the age of each party, and whether either party has ever been before married. En. March 12, 1872. Am'd. 1877-8, 60.

$3075. Registry of births. All physicians and professional midwives must keep a registry of the time of each

birth at which they assist, professionally, the sex, race, and color of the child, and the names and residence of the parents. En. March 12, 1872.

Cal.Rep.Cit. 84, 309.

§ 3076. Registry of deaths. Physicians who attend deceased persons in their last sickness; clergymen who officiate at a funeral; coroners who hold inquests; sextons and undertakers who bury deceased persons; must each keep a registry of the name, age, residence, and time of death of such person. En. March 12, 1872. Am'd. 1873-4, 42.

$ 3077. Reports to recorder. All persons registering marriages, births, or deaths, 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, sex, race, color, last place of residence, and cause of death of all decedents. En. March 12, 1872. Am'd. 1877-8, 60.

Cal.Rep.Cit. 84, 309.

§ 3078. Same. If at any birth no physician or midwife attends, the parents must make the report. En. March 12, 1872.

§ 3079. Duties of recorder. The recorder must keep separate registers, to be known as the "Register of Marriages," the "Register of Birth," and the "Register of Deaths," in which the marriages, 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 marriage, birth, or death but once, although it may be reported by different persons. En. March 12, 1872. Am'd. 1877-8, 60.

$ 3080. Report to secretary of state board of health. 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, mar

riages, and deaths, prepared in the manner prescribed in the instructions of the secretary, and upon blanks to be furnished by him for that purpose. En. March 12, 1872.

§ 3081. Fees. County recorders, in those counties where their compensation is by fees, shall be allowed by the board of supervisors a fee of not exceeding ten cents for each name reported, to be paid out of the general fund of the county; and in those counties where their compensation is by a fixed salary the duties in this chapter provided shall be performed without compensation other than such salary. En. March 12, 1872. Am'd. 1877-8, 60.

§ 3082. Penalties. 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 dollars, to be recovered by the district attorney of the proper county for the use of the general fund of such county. En. March 12, 1872.

§ 3083. Printing and distribution of forms of register. The secretary of the state board of health must prepare blank forms of said registers for the state printer, who must print as many copies as the said secretary shall direct and deliver the same to the secretary of state,. who shall forward the same, from time to time, and in such numbers as shall be directed by the secretary first mentioned, to the county recorders of the several counties. who must carefully keep and distribute the same to the persons in the county who are required to keep the regis ters and make the reports provided in this chapter. En. Stats. 1877-8, 61.

$ 3C84. Permit for burial. No person shall inter, cremate, or otherwise dispose of any human body, in any city, county, or city and county, without having first obtained a permit therefor. In incorporated cities, or counties, or cities and counties, the permit must be obtained from the person authorized to grant the same by any law, ordinance, or resolution, passed for that purpose. But in the absence of such law, ordinance, or resolution, the permit must be obtained from either the coroner, or health officer, board of health, or if the coroner be absent, then from the health officer or board of health; and if there be no board of health or health officer, then from Pol. Code-31

a justice of the peace. The person applying for a permit must produce and file with the officer issuing the permit a certificate signed by a physician, or a coroner, or two reputable citizens, setting forth as near as possible, the name, age, color, place of birth, occupation, date, locality, and cause of death of deceased. And no permit shall be granted without the production of such certificate. Such permit must be filed with the county recorder, and the person so filing is entitled to the compensation provided for in section three thousand and seventy-seven of this code, but if any other registration of the death of the deceased shall have been made, the recorder must record the name but once. En. Stats. 1885, 55. Am'd. 1889, 36. Cal.Rep.Cit. 84, 306; 84, 309; 84, 310.

3093. § 3094. § 3095.

CHAPTER IV.

DISSECTION.

Physicians, etc., may obtain dead bodies.

Bodies required to be buried at public expense.
Physicians to give certificate from medical scciety.

§ 3093. Physicians, etc., may obtain dead bodies. Any physician or surgeon of this state, or 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. En. March 12, 1872.

Removing body for dissection: Pen. Code, sec. 291. Violation of burial and the remains of the dead: Pen. Code, secs. 290 et seq.

Disinterring body without permit: amended 1899, 139.

Stats. 1878, 1050;

$3094. Bodies required to be buried at public expense. 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 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. En. March 12, 1872.

$ 3095. Physicians to give certificate from medical society. Every physician or surgeon, before receiving 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, that he 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. En. March 12, 1872.

§ 3105. § 3106.

3107.

3108. 3109.

§ 3110. 3111.

§ 3105.

CHAPTER V.

CEMETERIES AND SEPULTURE.

Title to cemetery grounds.

What constitutes a cemetery.

Cemeteries, how laid out and dedicated.

Inhabitants of city, etc., to own cemetery.
Public cemeteries, under whose control.
Regulations, sextons, etc.

Register must be kept.

Title to cemetery grounds. 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, 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. En. March 12, 1872.

Cal.Rep.Cit. 98, 437; 98, 438.

Sepulture and the remains of the dead, violating: See Pen. Code, secs. 290-297.

Act relating to exhumation:

Cemeteries.

See General Laws, title

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