or fractional part of an hour employed. in such search. And the state registrar shall keep a full and correct account of all fees received by him under these provisions and deposit such money with the state treasurer, who shall credit the amount to the fund provided and to be used for the payment of the traveling and contingent expenses of the state board of health. [Amendment approved 1907; Stats. 1907, p. 115.]

Legislation § 3083. 1. Added by Code Amdts. 1877-78, p. 61. 2. Amended by Stats. 1905, p. 107. 3. By Stats. 1907, p. 115.

§ 3084. Burial permit. Removal of body. Superintendent's report. Health officer's report. No person, firm or corporation shall deposit in any cemetery, or inter in any cemetery in any county, city, or city and county in this state, any human body without first having obtained and filed with the board of health, or health officer, of the city, city and county, or county where the death occurred, a certificate, signed by a physician, or a coroner, setting forth as near as possible, the name, age, color, sex, place of birth, occupation, date, locality and the cause of death of the deceased, and obtain from said board of health or health officer a burial permit; nor shall any human body be removed or disinterred without a permit from the board of health, health-officer, or by order of the coroner, of the county, city and county, or city in which the same is buried. A burial permit issued in one county, or city, or city and county, shall be valid and sufficient in any county which shall be specified therein as the place of interment, and shall be issued in duplicate, and shall be marked respectively original and duplicate. The original shall be retained by and filed with the board of health, or health-officer issuing the same, and the duplicate shall be presented to and filed with the board of health or health officer of the county wherein the body is interred and no further permit for burial shall be required, but any county burial fees required by law or ordinance shall be paid. Superintendents of cemeteries must return to the county board of health or health-officer, and county recorder of the county where the interment is made, on each Monday, the names of all persons interred or deposited within their respective cemeteries for the preceding week. No superintendent of a cemetery shall remove, permit, or cause to be removed, disinter or cause or permit to be disinterred, any corpse that has been deposited in the cemetery, without a permit from the county board of health, or health officer, or by order of the county coroner. The board of health, or health officer must file a report with the county recorder on each Monday, showing the names of all persons interred in the county on permits issued outside of the county, for the preceding week, and by what board of health or health officers burial permits therefor were issued.

Legislation § 3084. 1. Added by Stats. 1885, p. 55. Stats. 1889, p. 36. 3. Repealed by Stats. 1905, p. 107. § 3084 was added by Stats. 1913, p. 106.

2. Amended by

4. The present

§ 3093. § 3094.

§3095.

CHAPTER IV.

Dissection.

Physicians may obtain dead bodies.

Surrender of bodies required to be buried at public expense.
Physicians to give certificate from supervisors.

§ 3093. Physicians may obtain dead bodies. Any person licensed by the medical or osteopathic boards of examiners in this state or any medical or osteopathie student, under the authority of any such licensed physicians, 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. [Amendment approved; Stats, 1907, p. 835.]

Removing body for dissection: Pen. Code, § 291.

Violation of burial and the remains of the dead: Pen. Code, §§ 290 et seq.

Disinterring body without permit: Stats. 1877-78, p. 1050, as amended by Stats, 1899, p. 139.

Legislation § 3093. 1. Enacted March 12, 1872; based on Stats. 1869-70, p. 405, § 1. 2. Amended by Stats. 1907, p. 835.

§ 3094. Surrender of 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, licensed by the medical or osteopathic boards of examiners, to be by him used for the advancement of anatomical science, preference being always given to medical and osteopathic schools, by law established in this state, for their use in the instruction of 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 traveler who suddenly died before making himself known, such dead body must be buried without dissection. [Amendment approved 1907; Stats. 1907, p. 835.]

Legislation § 3094. 1. Enacted March 12, 1872; based on Stats. 1869-70, p. 405, § 2. 2. Amended by Stats. 1907, p. 835.

§ 3095. Physicians to give certificate from supervisors. Every physician, licensed by the medical or osteopathic boards of examiners in this state, before receiving a dead body, must give to the board or officer surrendering the same to him a certificate from the county board of supervisors 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. [Amendment approved 1907; Stats. 1907, p. 835.]

Legislation § 3095. 1. Enacted March 12, 1872; based on Stats. 1869-70, p. 405, § 3. 2. Amended by Stats. 1907, p. 835.

What constitutes a cemetery.

§ 3107.

§ 3108.

§ 3109.

Cemeteries, how laid out and dedicated on public lands.
Inhabitants of city, town, or village to own cemetery.
Control of cemeteries.

§ 3110. Rules for.

§ 3105. 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.

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

Act relating to exhumation: See Gen. Laws, tit. "Cemeteries."
Lands, not to be used for other purposes: See post, § 3108.

Legislation § 3105. Enacted March 12, 1872.

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

Legislation § 3106. Enacted March 12, 1872; based on Stats. 1854, Redding ed. p. 20, Kerr ed. p. 7, § 4.

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

Legislation § 3107. Enacted March 12, 1872.

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

Lands not to be used for other purposes: See ante, § 3105.
Legislation § 3108. Enacted March 12, 1872.

§ 3109. Control of cemeteries. The public cemeteries of cities, towns, villages, neighborhoods and of fraternal or beneficial associations or societies 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, are 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; provided, that in all cases, those owned by said fraternal or beneficial associations or societies shall be under the jurisdiction of and controlled and managed by said associations or societies or by trustees appointed by them. [Amendment approved 1911; Stats. 1911, p. 315.]

Legislation § 3109. 1. Enacted March 12, 1872. 2. Amended by Stats. 1911, p. 315.

§ 3110. Rules for. The authorities having jurisdiction and control of cemeteries may make and enforce general rules and regulations therefor, and appoint sextons or other officers to enforce obedience to the same with such powers and duties regarding the cemetery as they may deem necessary. [Amendment approved 1911; Stats. 1911, p. 315.]

Legislation § 3110. 1. Enacted March 12, 1872. 2. Amended by Stats. 1911, p. 315.

§ 3111. Register must be kept. The authority having control of a public cemetery must require a register of name, age, birthplace, and date of death and burial of every body interred therein, to be kept by the sexton or other officer, open to public inspection.

Legislation § 3111. Enacted March 12, 1872.

Duty of persons finding lost money, goods, etc.
Justice to appoint appraisers. Duty of appraisers.
Justice to file list of appraisers. Finder to advertise, how and

§ 3139.

when.

Proceedings, if no owner appear within six months. § 3140. Finder to restore property, when. Owner may sue, when. § 3141. Finder failing to make discovery, penalty. § 3142.

Proof, how made.

Code commissioners' note to Article I. This "article is substituted for an act concerning water-craft found adrift, and lost money and property. (Stats. 1850, p. 156.) The material changes made are: 1. In establishing a uniform rule applicable alike to all kinds of lost property. 2. In vesting the title of the property in the finder instead of in the county in which it is found. It is certainly just that when property cannot be restored to the owner the title ought to vest in the person whose care and expenditure has preserved it, and that no sufficient reason can be adduced for taking it from him and giving it to a county which has neither run risk nor incurred expense in relation to it."

§ 3136. Duty of persons finding lost money, goods, etc. If any person find any money, goods, things in action, or other personal property, or shall save any domestic animal from drowning or from starvation, when such property shall be of the value of ten dollars or more, he must

inform the owner thereof, if known, and make restitution without compensation, further than a reasonable charge for saving and taking care thereof; but if the owner is not known to the party saving or finding such property, he must, within five days, make an affidavit before some justice of the peace of the county, stating when and where he found or saved such property, particularly describing it; and if the property was saved, particularly stating from what and how he saved the same, stating therein whether the owner of the property is known to him, and that he has not secreted, withheld, or disposed of any part of such property. [Amendment approved 1874; Code Amdts. 1873–74, p. 42.]

Finder, rights, duties, and liabilities of: See Civ. Code, §§ 1864–1872.
Wrecks and wrecked property: Ante, §§ 2403-2418.

Lost property, larceny of: See Pen. Code, § 485.

Legislation§ 3136. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 42.

§ 3137. Justice to appoint appraisers. Duty of appraisers. The justice must then summon three disinterested householders to appraise the same. The appraisers, or any two of them, must make two lists of the valuation and description of such property, and sign and make oath to the same, and deliver one of the lists to the finder, and the other to the justice of the peace.

§ 3138. Justice to file list of appraisers. Finder to advertise, how and when. The justice must file such list, and the finder must transmit a copy of the same to the recorder of the county, who must record the same in a book known as the "estray and lost property book," within fifteen days, and the finder must at once set up at the court house door and four other public places in the township or city a copy of such valuation and description of property.

Legislation § 3138. Enacted March 12, 1872.

§ 3139. Proceedings, if no owner appear within six months. If no owner appears and proves the property within six months, and the value thereof does not exceed twenty dollars, the same vests in the finder; but if the value exceed twenty dollars, the finder must, within thirty days after setting up the list mentioned in the preceding section, cause a copy of the description to be inserted in some newspaper printed in the county, if there be one, and if not, in some newspaper printed in the state, for three weeks; and if no owner prove the property within one year after such publication it vests in the finder.

Legislation § 3139. Enacted March 12, 1872.

§ 3140. Finder to restore property, when. Owner may sue, when. If, within one year, an owner appears and proves the property and pays all reasonable charges, including fees of officers, the finder must restore the same to him. On failure to make restoration of such property, or the appraised value thereof, on being tendered such charges and fees, the owner may recover the same or the value thereof by civil action in any court having jurisdiction.

Legislation § 3140. Enacted March 12, 1872.