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ARTICLE V.

HEALTH AND QUARANTINE OF OTHER CITIES, TOWNS, AND HARBORS.

$3059. Boards of Supervisors, may adopt Article III.
$3050. Boards of Supervisors may adopt Article IV.
3061. Board of Health established in towns and cities.
3062. May appoint Health Officer in lieu of Board.
$ 3063. Per capita or property tax, how levied.

3059. The Board of Supervisors of any county in which there is a port of entry or harbor, for which there is not otherwise provided health and quarantine regulations, may by an ordinance adopt the whole or any part of the provisions of Article III of this Chapter, appoint a Board of Health, or Health Officer, locate quarantine grounds when necessary, and provide for the enforcement of health and quarantine regulations.

Local adaptation of health and quarantine regulations-see § 4046, subd. 20.

3060. In like manner the Board of Supervisors of any county in which there is an unincorporated city or town, for which there is not otherwise provided a Board of Health or health regulations in time of epidemics, or the existence of contagious or infectious diseases, may by an ordinance adopt for such city or town, in whole or in part, the provisions of Article IV of this Chapter, for some definite period of time; and appoint therefor a Board of Health.

3061. It shall be the duty of the Board of Trustees, Council, or other corresponding Board, of every incorporated town and city of this State, to establish, by ordinance, a Board of Health for such town or city, to consist of five persons, one at least of whom shall be a practicing physician and a graduate of some reputable school of medicine, and one, if practicable, a civil engineer. The members of the Board shall hold their offices at the pleasure of the appointing power. Every local Board of Health established in this State must:

First-Supervise all matters pertaining to the sanitary condition of their town or city, and make such rules and regulations relative thereto as are necessary and proper, and not contrary to law.

Second-Report to the Secretary of the State Board of Health, at Sacramento, at such times as the State Board of Health may require:

a. The sanitary condition of their locality.

b. The number of deaths, with the cause of each, as near as can be ascertained, within their jurisdiction, during the preceding month.

c. The presence of epidemic or other dangerous, contagious, or infectious disease, and such other matters, within their knowledge or jurisdiction, as the State Board may require.

The Trustees, Council, or other legislative Board, by whatever name known, of any incorporated city or town of this State may, by ordinance, adopt any portion of Article III and IV of this Chapter, or either of them, for some definite period of time, as may seem proper for the regulation of sanitary matters within their town or city. [In effect March 19, 1878.]

This Act shall not extend to any incorporated city or town, or city and county, for which health regulations and [are?] provided by special

statutes.

18.

Localadaptation of health laws-see § 4046, subd. 20, § 4408, subd.

Section inapplicable-to incorporated city, town, etc., for which health regulations provided by special statute, see § 2 of amendatory Act in Stats. 1878, p. 59.

3062. In the place of appointing a Board of Health, the Board of Supervisors or the city or town authorities may appoint a Health Officer, with all the duties and powers of the Board of Health and Health Officer, as specified in the two preceding articles.

3063. All necessary expenses of enforcing this article are charges against the counties, cities, or towns, respectively, for the payment of which the county, city, or town, may levy a per capita tax of not exceeding three dollars, or a property tax of not exceeding one-fourth of one per cent. yearly until the same is paid.

CHAPTER III.

Registry of Births, Marriages, and Deaths.

$3074. Registry of marriages.

$3075. Registry of births.
$3076. Registry of deaths.
$3077. Reports to Recorder.
$ 3078. Same.

$3079. Duties of Recorder.

$ 3080.
$ 3081.
$ 3082.
$ 3083.

Report to Secretary of State Board of Health.
Fees.
Penalties.

Printing and distribution of forms of register.

3074. 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. [In effect March 16, 1878.]

3075. 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.

3076. 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. [Approved March 30; in effect July 6, 1874.]

3077. 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, birth-place, condition, whether single or married, widow or widower, sex, race, color, last place of residence, and cause of death of all decedents. [In effect March 16, 1878.]

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

3079. The Recorder must keep separate registers, to be known as the "Register of Marriages," the " Register of

Births," 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. [In effect March 16, 1878.]

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.

3081. 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. [In effect March 16, 1878.]

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 dollars, to be recovered by the District Attorney of the proper county for the use of the General Fund of such county.

3083. 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 registers and make the reports provided in this Chapter. [In effect March 16, 1878.]

CHAPTER IV.

Dissection.

$3093. Physicians, etc., may obtain dead bodies.

3094. Bodies required to be buried at public expense.
3095. Physicians to give certificate from Medical Society.

3093. 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.

Basis of section-Stats. 1870, p. 405.

Dissection-removal of body for, Penal Code, § 291.

Violating sepulture and the remains of the dead-Penal Code, $$ 290-297. Disinterring, exhuming, or removing of bodies without permit, prohibited by Stats. 1878, p. 1050.

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 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.

3095. 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.

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