THE
LEGAL STATUS OF THE DEAD BODY;
THE DISPOSAL AND OBLIGATION TO DISPOSE OF THE SAME; HOW
AND BY WHOM IT MAY BE EXHUMED OR REMOVED;
AUTOPSIES, BY WHOM ORDERED; THE RIGHTS
OF RELATIVES AND ACCUSED PERSONS.
INCLUDING
AN APPENDIX CONTAINING A SYNOPSIS OF THE STATUTES OF THE
DIFFERENT UNITED STATES AND TERRITORIES
CONCERNING SAME.
BY
TRACY C. BECKER, A.B., LL.B., ETC.,
Counsellor at Law, etc.; Professor of Civil Law and Medical Jurisprudence, Law Department, University of Buffalo.
LEGAL STATUS OF THE DEAD BODY.
Disposal and Obligations to Dispose of the Same.—There is no right of property, in the ordinary sense of the word, in a dead human body; but for the health and protection of society it is a rule of the common law, and which has been confirmed by statutes in civilized states and countries, that public duties are imposed upon public officers, and private duties upon the husband or wife and the next of kin of the deceased, to protect the body from violation and see that it is properly interred, and to protect it after it is interred. A parent is bound to provide Christian burial for a deceased child, if he has the means, but if he has not the means, though the body remains unburied so long as to become a nuisance, he is not indictable for the nuisance although he could obtain money for the burial expenses by borrowing it of the poor-law authorities of the parish, for he is not bound to incur a debt. (Reg. v. Vann, 2 Div. C. C., 325; 15 Jur., 1,090.) On the other hand it has been held in England, that every householder in whose house a dead body lies is bound by the common law, if he has the means to do so, to inter the body decently, and this principle applies where a person dies in the house of a parish or a union. (Reg. v. Stewart, 12 A. & D., 1,272.) And the expense may be paid out of the effects of the deceased. (Tugwell v. Hayman, 3 Camp., 298, and note.)
In Pierce v. The Proprietors Swan Point Cemetery, 10 R. I., 227, s. c., 14 Am. Rep., 667, the Court said: “That there is no right of property in a dead body, using this word in its ordinary sense, may be well admitted, yet the burial of the dead is a subject which interests the feelings of mankind to a much greater degree than many matters of actual property. There is a duty imposed by the universal feelings of mankind to be discharged by some one toward the dead; a duty, and we may also say a right, to protect from violation; it may, therefore, be considered as a sort of quasi property, and it would be discreditable to any system of law not to provide a remedy in such a case; ... but the person having charge of it cannot be considered as the owner of it in any sense whatever, he holds it only as a sacred trust for the benefit of all who may from family or friendship have an interest in it.” See also Wyncoop v. Wyncoop, 42 Pa. St., 293; 4 Albany Law Jour., 56; Snyder v. Snyder, 60 How. Prac., 368; Weld v. Walker, 130 Mass., 422; Guthrie v. Weaver, 1 Mo. Apps., 136; Johnson v. Marinus, 18 Abb. N. C., 72, and note.[493]
The law casts the duty of burial of the wife upon the husband, and of the husband upon the wife. In Secord v. Secord (cited in note 1 above), the Court said: “There are cogent reasons connected with public policy and the peace of families, where in the absence of testamentary disposition the possession of a corpse and the right to determine its burial should follow the administration of the estate.” Inasmuch as the husband has the first right to administer upon the estate of the wife, and the wife upon the estate of the husband, the law imposes the correlative duty of burial upon the person having such right; and so it has been held that the husband is liable for the necessary expense of the decent interment of his wife from whom he has been separated, whether the party incurring the expense is an undertaker or mere volunteer.[494]
Where the deceased leaves a will appointing executors, the executors have a right to the possession of the body, and the duty of burial is imposed upon them, but it has been doubted whether at common law a direction by will concerning the disposal of the body could be enforced, and therefore the right to make such direction has been conferred by statute in several States.[495]
And where a widow ordered a funeral of her husband, it was held that she was liable for the expense, although she was an infant at the time, the Court holding that the expense fell under the head of necessaries, for which infants’ estates are liable.[496]
If there be no husband or wife of the deceased, the nearest of kin in the order of right to administration is charged with the duty of burial.[497]
Such acts as casting a dead human body into a river without the rites of sepulture (Kanavans Case, 1 Me., 226); stealing a corpse (2 East, PC., 652) or stealing for dissection a dead body of one executed when the death sentence did not direct dissection (Rex v. Cundick, D. & R., n. p., 13), were indictable offences at common law.[498]
In the works of the early dramatists, and by some writers of fiction, it has been stated, or implied, that the body of a deceased person could be seized and detained to compel the payment of his debts. This was never the law. In Jones v. Ashburnham, 4 East, 460, it was held that to seize a dead body on pretence of arresting for debt would be contra bonos mores, and an extortion on the relatives, and that case distinctly overrules any authority to be derived from the case of Quick v. Coppleton, 1 Vent., 161, to the effect that forbearance to seize or hold a body upon such a pretence would afford any consideration for a promise to pay a debt. So, also, where a jailer refused to give up a body of a person who had died while a prisoner in execution in his custody, to the executors of the deceased, unless they would satisfy certain claims against the deceased due the jailer, the Court issued a peremptory mandamus in the first instance, commanding that the body should be delivered up to the executors (Rex v. Fox, 2 Q. B., 247). And in R. v. Scott, 2 Q. B., 248, it was said, that a jailer who should attempt to do so would be guilty of misconduct in his public character, for which he would be liable to prosecution.[499]
How and by Whom the Dead Human Body may be Removed or Exhumed.—Where the right of burial has been exercised, and the body interred in its final resting-place, no person has any right to interfere with it without the consent of the owner of the grave, or of the properly constituted public authorities. In Foster v. Dodd, 8 D. & E., 842-854, it was held, that a dead body belongs to no one, and is, therefore, under the protection of the public. If it lies in consecrated ground, ecclesiastical authorities will interpose for its protection; but whether in ground consecrated or unconsecrated, indignities offered to the remains or the act of indecently disinterring them, are the ground of an indictment.[500]
Even the purchaser of land upon which is located a burial-ground may be enjoined from removing bodies therefrom, if he attempts to do so against the wishes of the relatives or next of kin of the deceased. Every interment is a concession of the privilege which cannot afterward be repudiated, and the purchaser’s title to the ground is fettered with the right of burial.[501]
On the other hand, the right of the municipal or state authorities, with the consent of the owner of the burial lot or in the execution of the right of eminent domain, to remove dead bodies from cemeteries is well settled.[502]
After the right of burial has once been exercised by the person charged with the duty of burial, or where such person has consented to the burial by another person, no right to the corpse remains except to protect it from unlawful interference.[503]
On the other hand, where a husband did not freely consent to the burial of his wife in a lot owned by another person, it was held that a court of equity might permit him, after such burial, to remove her body, coffin, and tombstones to his own lot, and restrain any person from interfering with such removal.[504]
In Rhodes v. Brandt, 21 Hun, N. Y., 1, the defendant brought an action against one Beelard to recover for services rendered by him, as a physician, in treating a child of Beelard’s for a fracture of the thigh-bone, in which action Beelard set up malpractice on the part of the defendant as a defence. During the pendency of the action the child died and was buried. Subsequently Beelard, the father, acting under the advice of his counsel, directed and allowed the plaintiff, a physician, to cause the body of the child to be exhumed, and a portion of the thigh-bone to be removed, in order that it might be used in evidence on the trial of the question of malpractice. After the bone was removed, the body was returned to the grave. The defendant thereupon caused the plaintiff to be arrested for unlawfully removing the body from the grave contrary to the provisions of the statute, and the plaintiff sued the defendant for malicious prosecution. The Court held that the plaintiff had not removed the body from the grave “for the purpose of dissection or from mere wantonness,” as these terms were used in the statute (3 R. S., 6th ed., 965), for violation of which he had been arrested, nor had he committed any offence against public decency or the spirit of the statute.[505]
Autopsies, by Whom Ordered; the Rights of Relatives and Accused Persons.—As shown in a previous article in this volume, on the Powers and Duties of Coroners and Medical Examiners, in cases of sudden or suspicious death, it has been the law for nearly a thousand years that an inquisition or inquest super visum corporis must be held by an officer known as a coroner, and that this office and its powers and duties were inherited by this country as part of the English common-law system in force at the time of the formation of the republic of the United States. When a body has been buried, and the coroner believes that an inquest is necessary, he has power to disinter the body and hold an inquest, and he may direct a post-mortem examination to be made, but after having done so he must cause the body to be reinterred. It is now well settled that in holding such an inquest, and making such an autopsy or post-mortem examination required by his official duty, the coroner has authority to employ, and it is his duty to employ, professional skill and aid, and his contract will bind the county to pay a reasonable compensation for the same.[506]
As will be seen below from a synopsis of the statutes relating to this matter, many of the States have enacted statutes defining and prescribing the duties of the coroner and other public officers in such cases. At an early period in England (see 2 and 3 Will. IV., chap. 75, sec. 7) it was enacted by the English Parliament that any executor or other person having lawful possession of the body of a deceased person, and not being an undertaker or other party entrusted with the body for the purpose only of interment, might lawfully permit the body of such deceased person to undergo an anatomical examination, unless to the knowledge of such executor or other party such person should have expressed his desire during his life in writing, or verbally in the presence of two or more witnesses during his illness whereof he died, that his body after death might not undergo such examination, or unless the surviving husband or wife or known relative of the deceased shall require the body to be interred without such examination. By another section of this statute (sec. 10), professors of anatomy and other persons duly licensed were declared not liable to punishment for having in their possession human bodies when having such possession according to the provisions of the act.
Section 308 of the New York Penal Code, subdivision 3, as amended by chapter 500, Laws 1889, enacts that whenever and so far as the husband, wife, or next of kin of the deceased, being charged by law with the duty of burial, may authorize dissection for the purpose of ascertaining the cause of death and no further, the right exists to dissect the dead human body. The same statute also provides that whenever any district attorney of that State, in the discharge of his official duties, shall deem it necessary, he may exhume, take possession of, and remove the body of a deceased person, or any portion thereof, and submit the same to a proper physical or chemical examination or analysis, to ascertain the cause of death, which examination or analysis will be made on the order of a justice of the Supreme Court of the State, or the county judge of the county in which the dead bodies shall be, granted on the application of the district attorney, with or without notice to the relatives of the deceased person, or to any person or corporation having the legal charge of such body, as the court may direct. The district attorney shall also have power to direct the sheriff, constable, or other peace officer, and employ such person or persons as he may deem necessary to assist him, in exhuming, removing, obtaining possession of, and examining physically or chemically such dead body, or any portion thereof; the expense thereof to be a county charge paid by the county treasurer on the certificate of the district attorney.
The matter of ordering autopsies and dissections of dead bodies, or exhuming the same for that purpose or other purposes, is a matter of so much public importance that it has been regulated in nearly all of the United States by statutory enactments, which together with the other statutes relating to the subject-matter of this article are hereunto appended.
The author of this article is greatly indebted for assistance in preparing the same, and in compiling these statutes, to Mr. Amasa J. Parker, Jr., of the Albany, N.Y., bar.
APPENDIX.
Statutory Regulations Concerning Dead Bodies.
The coroner has power to hold inquest and direct autopsy,
Ala., Code, sec. 4,801 et seq.
Ariz., Pen. Code, sec. 2,309 et seq.
Ark., R. S., sec. 692.
Cal., Pen. Code; sec. 1,510.
Col., Mill’s Stat., sec. 870.
Conn., Gen. Stat., secs. 2,005, 2,008.
Del., R. S., ch. 33.
Fla., R. S., secs. 3,011, 3,019.
Ga., Code, secs. 590, 591, 4,101 et seq.
Idaho, R. S., sec. 8,377.
Ill., S. & C. Am. Stat., v. 1, 606.
Ind., R. S., secs. 5,878, 5,879.
Iowa, McCl. Am. Code, sec. 487.
Kan., Gen. Stat., secs. 1,780, 1,784.
Ky., Gen. Stat., ch. 25, secs. 3, 11.
La., Voorh. Rev. L., sec. 653.
Me., R. S., ch. 139, sec. 1.
Md., Code, art. 22, secs. 3, 4.
Minn., Gen. Stat., sec. 1,011 et seq.
Miss., Am. Code, sec. 816.
Mo., R. L., sec. 2,438 et seq.
Mont., Crim. L., secs. 869, 883.
Neb., Consol. Stat., sec. 3,144.
N. H., Pub. Stat., ch. 262, sec. 1 et seq.
N. J., Rev. Stat., p. 170 et seq.
N. C., Code, sec. 657.
N. Dak., Comp. Laws, sec. 664 et seq.
Ohio, R. L., sec. 1,221 et seq.
Oklahoma, Stat., sec. 1,745 et seq.
Ore., Crim. Code, sec. 453 et seq.
Pa., Bright Pen. Digest, 1536, sec. 37.
R. I., Pub. Laws, 1884, ch. 420, sec. 17.
S. C., R. S., secs. 711, 2,664 et seq.
Tenn., Code, sec. 6,139 et seq.
Va., Code, sec. 2,928 et seq.
Wash., Hill’s Am. Stat., v. 1, sec. 245 et seq.
W. Va., Code, ch. 154.
Wis., S. & B. Am. Stat., ch. 200.
Wyo., R. S., sec. 1,879 et seq.
Medical examiner shall hold inquest and direct autopsy.
Mass., Pub. Stat., ch. 26, secs. 10, 11.
R. I., Pub. Laws, 1884, ch. 420.
Justice of the peace shall hold inquest and direct autopsy.
Mich., How. Am. Stat., v. 2, sec. 9,583 et seq.
Nev., Gen. Stat., sec. 225 et seq.
N. M., Comp. L., sec. 443 et seq.
Texas, Code Crim. P., art. 988 et seq.
Vt., Rev. L., sec. 3,934 et seq.
Wis., S. & B. Am. Stat., ch. 200.
And may order a body to be disinterred for the purpose of holding such inquisition.
Ark., R. L., sec. 718.
Cal., Pen. Code, sec. 1,510.
Del., R. L., ch. 33.
Ga., Code, secs. 590, 591, 410 et seq.
Idaho, R. L., sec. 8,377.
S. C., R. S., sec. 2,687.
Texas, Code Crim. P., art. 989.
And when not claimed by friends and relatives, to bury the body decently, and when the property of deceased is not sufficient to defray expenses, this may be done at public expense.
Cal., Pen. Code, sec. 3,094.
Col., Mill’s Stat., sec. 882.
Conn., Gen. Stat., sec. 2,015.
Idaho, R. L., sec. 2,081.
Ill., S. & C. Am. Stat., v. 1, 606.
Iowa, McCl. Am. Code, sec. 501.
Kan., Gen. Stat., sec. 1,792.
Ky., Gen. Stat., ch. 25, sec. 6.
La., Voorh. Rev. L., sec. 660.
Me., R. S., ch. 139, sec. 11.
Md., Code, art. 22, sec. 7.
Mass., Laws, 1887, ch. 310.
Mich., How. Am. Stat., v. 3, sec. 9,593.
Minn., Gen. Stat., sec. 1,021.
Miss., Am. Code, secs. 3,145, 3,146.
Mo., R. L., sec. 2,456.
Mont., Gen. Laws, sec. 881.
Neb., Consol. Stat., sec. 3,144.
Nev., Gen. Stat., sec. 2,269.
N. H., Pub. Stat., ch. 262, sec. 16.
N. J., Rev. Stat., p. 170, sec. 5.
N. M., Comp. Laws, sec. 447.
N. Dak., Comp. Laws, sec. 676.
Ohio, R. L., sec. 1,227.
Oklahoma, Stat., sec. 1,759.
Ore., Crim. Code, sec. 462.
R. I., Pub. Laws, 1884, ch. 420, sec. 24.
Tenn., Code, sec. 6,150.
Va., Code, sec. 3,946.
Wash., Hill’s Am. Stat., v. 1, sec. 257.
W. Va., Code, ch. 154, sec. 8.
Wis., S. & B. Am. Stat., ch. 200.
Wyo., R. S., sec. 1,886.
Removal or disinterment of a dead body without authority of law or consent of relatives, for the purpose of selling such body or for dissection or for mere wantonness, is—
(a) A felony.
Cal., Pen. Code, sec. 290.
Ga., Laws, 1882, v. 2, p. 87.
Ill., S. & C. Am. Stat., v. 1, p. 794.
Ind., R. S., sec. 2,166.
Mo., R. S., secs. 3,842, 3,845.
Mont., Laws, 1889, p. 114.
N. C., Laws, 1885, ch. 90.
(b) A misdemeanor.
Ark., R. S., secs. 1,902, 1,903.
Del., Laws, 1883, ch. 234.
Kan., Gen. Stat., sec. 2,372 et seq.
Md., Code, art. 27, secs. 133, 134.
Pa., Bright Pen. Digest, 229, sec. 11.
Tenn., Code, secs. 5,659, 5,660.
(c) Is punishable by various sentences.
Ala., Code, secs. 4,023, 4,028.
Ariz., Pen. Code, sec. 491.
Col., Mill’s Stat., sec. 1,367.
Conn., Gen. Stat., sec. 1,880.
Fla., R. L., sec. 2,625.
Iowa, McCl. Am. Code, sec. 5,328.
Ky., Gen. Stat., ch. 29, art. 17, sec. 16.
Me., R. S., ch. 124, sec. 27.
Mass., Pub. Stat., ch. 207, secs. 47, 48.
Mich., How. Stat., v. 2, sec. 9,297.
Miss., Am. Code, secs. 1,023, 1,024.
Neb., Consol. Stat., sec. 5,847.
N. H., Pub. Stat., ch. 266, sec. 7.
N Dak., Comp. Laws, sec. 6,559.
Ohio, R. L., sec. 7,034.
Oklahoma, Stat., sec. 2,198.
Ore., Crim. Code, sec. 656.
Texas, Pen. Code, art. 345.
Vt., Rev. L., secs. 4,194, 4,196.
Va., Code, sec. 208.
W. Va., Code, ch. 149, sec. 13.
Wis., S. & B. Am. Stat., sec. 4,592.
Wyo., R. L., sec. 1,029.
(d) A high misdemeanor.
N. J., Rev. Stat., p. 249, sec. 122.
Bodies of criminals executed under sentence, and those dying in jail, poor-house, etc., when to be delivered over for dissection.
Ark., R. S., sec. 2,552.
Cal., Pen. Code, sec. 3,094.
Col., Mill’s Stat., secs. 1,547, 1,548, 1,204.
Conn., Gen. Stat., secs. 1,729, 1,732.
Ga., Laws, 1887, v. 2, p. 87.
Ill., S. & C. Am. Stat., v. 1, 869.
Ill., Crim. Code, sec. 503.
Ill., S. & C. Am. Stat., v. 3, p. 867.
Ind., R. L., sec. 4,258 et seq.
Iowa, McCl. Am Code, sec. 5,329.
Kan., Gen. Stat., sec. 3,758.
Me., R. S., ch. 13, sec. 2.
Me., Laws, 1893, ch. 254.
Mass., Laws, 1891, ch. 185.
Mass., Pub. Stat., ch. 202, sec. 8.
Mich., How. Stat., v. 3, sec. 2,284.
Minn., Gen. Stat., sec. 678.
Mo., R. S., sec. 6,883.
Neb., Consol. Stat., secs. 3,299, 3,301, 5,848.
N. H., Pub. Stat., ch. 136.
N. J., Rev. Stat., p. 239, sec. 69.
N. C., Laws, 1891, ch. 129.
N. Dak., Laws, 1890, ch. 92.
Ohio, R. S., sec. 3,763.
Ore., Hill’s Am. Laws, sec. 3,730 et seq.
Pa., Bright Pen. Dig., p. 94, sec. 1 et seq.
Vt., Laws, 1884, ch. 85.
Va., Code, ch. 80.
Wash., Hill’s Am. Stat., v. 1, sec. 2,428 et seq.
Wash., S. & B. Am. Stat., sec. 1,437.
Duty of burial, etc.
Ariz., Pen. Code, sec. 493.
Cal., Pen. Code, sec. 292.
Minn., Gen. Stat., sec. 6,221.
N. Dak., Comp. Laws, secs. 6,550, 6,556.
Oklahoma, Stat., sec. 2,189.
Concealing birth of child which, if born alive, would be a bastard, is punishable.
Col., Mill’s Stat., sec. 1,195.
Fla., R. L., sec. 2,393.
Mass., Pub. Stat., ch. 207, sec. 11.
Mich., How. Am. Stat., sec. 9,284.
Mont., Crim. L., sec. 41.
Neb., Consol. Stat., sec. 5,582.
Nev., Gen. Stat., sec. 4,597.
N. H., Pub. Stat., ch. 278, sec. 14.
N. Dak., Comp. L., sec. 6,947.
Oklahoma, Stat., sec. 2,179.
Ore., Crim. Code, sec. 649.
Pa., Bright Pen. Digest, 431, sec. 158.
R. I., Pub. Stat., ch. 244, sec. 8.
Wis., S. & B. Am. Stat., sec. 4,585.
Is a misdemeanor.
Minn., Gen. Stat., sec. 6,210.
N. J., Rev. Stat., p. 241, sec. 83.
Is a felony.
Mo., R. S., sec. 3,479 (whether born dead or alive)
Alabama.
Removal of body wantonly for dissection or sale, purchase of a body unlawfully disinterred, violating grave with intent to steal body, etc., or wantonly mutilating body, is punishable by fine or imprisonment (Code, secs. 4,023, 4,028).
Coroner, or in his absence justice of the peace, to hold inquest and direct examination of body by surgeon, etc. (Code, sec. 4,801 et seq.).
Arizona.
Mutilation, etc., of dead body is a felony (Pen. Code, sec. 491).
Removal of a part of body unlawfully is punishable (Pen. Code, sec. 492).
Duty of burying body is, if a married woman, on husband; if not a married woman, on nearest of kin who is an adult possessed of sufficient means. If deceased has no relatives, on coroner holding inquest or overseers, etc., of poor (Pen. Code, sec. 493).
Refusal of one on whom duty of burial is imposed by law, is punishable (Pen. Code, sec. 494).
Arrest or attachment of a dead body is a misdemeanor (Pen. Code, sec. 496 et seq.).
Coroner to hold inquest and direct autopsy (Pen. Code, sec. 2,309 et seq.).
Person whose duty it is to bury is entitled to custody except where coroner holds it until inquest is completed (Pen. Code, sec. 495).
Arkansas.
Bodies of persons dying in alms-house, prison, house of correction, or jail shall be surrendered to a physician for dissection, etc., unless the deceased request to be buried or the body is claimed by relatives, or unless deceased died suddenly and unknown; and after such use for dissection it shall be decently buried (R. S., sec. 2,552).
Removal of dead body for the purpose of dissection, or stealing, or from wantonness, or receiving same knowing it to have been unlawfully disinterred, is a misdemeanor (R. S., secs. 1,902, 1,903).
Dead body can be transported out of county in which death occurred on permit of State board of health (R. S., sec. 480).
Coroner to hold inquest and direct autopsy, etc. (R. S., sec. 692).
And may order a body to be disinterred for inquisition (R. S., sec. 718).
California.
Removal, mutilation, or disinterment of dead body without authority of law is a felony (Pen. Code, sec. 290).
Removal of part of body for sale, dissection maliciously or wantonly is punishable (Pen. Code, sec. 291).
Duty of Burial.—Of married woman, on husband; not a married woman, nearest of kin who is an adult with sufficient means; where no relatives, on coroner who held the inquest or overseers, etc., of poor (Pen. Code, sec. 292).
Refusal to bury by person on whom duty rests by law to bury, is a misdemeanor and he is liable for treble the expenses (Pen. Code, sec. 293).
Custody of body is on him on whom duty to bury is imposed by law, except where coroner detains remains for inquest (Pen. Code, sec. 294).
Arrest or attachment of dead body for any debt or demand is a misdemeanor (Pen. Code, sec. 295).
One who disinters or exhumes a body without permit of board of health, health officer, or mayor, or transports such exhumed remains through streets of town, city, etc., except in a sealed coffin, guilty of a misdemeanor (Laws, 1878, ch. 673).
A sheriff, coroner, or keeper of county poor-house, public hospital, county jail, or State prison, etc., must surrender bodies of those who are to be buried at public expense, to any physician or surgeon for dissection, etc., unless deceased during his last sickness requested to be buried or body is claimed by relatives, etc., or deceased was a stranger or traveller, died suddenly (Pen. Code, sec. 3,094).
Coroner to bury body when no other person takes charge of same (Pen. Code, sec. 4,286).
Coroner to hold inquest, direct autopsy, and may exhume (Pen. Code, see. 1,510).
Colorado.
Concealment of death of issue which, if born alive, would be a bastard, is punishable (Mill’s Stat., sec. 1,195).
Body of criminal executed for capital offence shall be delivered to a physician or surgeon unless claimed by relative or friend (Mill’s Stat., sec. 1,204).
Board of health, mayor, etc., or officer, etc., having control of any alms-house, prison, hospital, jail, etc., shall surrender bodies to be buried at public expense to any physician or surgeon for dissection, etc., unless deceased during last illness requested to be buried, or body is claimed by relatives or friends, or deceased was a stranger or traveller who died unknown (Mill’s Stat., secs. 1,547, 1,548).
Non-resident poor person to be decently buried (Mill’s Stat., sec. 3,391).
Coroner to hold inquest, etc., or, if none, bury it decently at expense of county (Mill’s Stat., secs. 870-882).
Removal of body unlawfully for sale, dissection, etc., punishable (Mill’s Stat., sec. 1,367).
Board of health may direct removal of dead bodies from cemetery within a city (Laws, 1893, ch. 113, sec. 54).
Connecticut.
No body shall be buried or disinterred or removed beyond limits of any town unless a permit is obtained, and where deceased died of an infectious disease body shall be in a hermetically sealed case (Gen. Stat., secs. 106, 108, 113).
Custody of remains is in husband or wife or next of kin (Gen. Stat., sec. 536).
Coroner to hold inquest, etc. (Gen. Stat., secs. 2,005, 2,008). And deliver body to friends or, if none, to town authorities for burial (Gen. Stat., sec. 2,015).
Mayor, etc., may deliver bodies of those not buried within twenty-four hours after death to medical college for dissection, etc., unless relatives or friends do not consent, or deceased requested to be buried, or was a stranger or traveller (Gen. Stat., sec. 1,729).
Bodies of convicts dying in State prison and not having any known relatives, shall be delivered to medical institution of Yale College (Gen. Stat., sec. 1,732).
Body of one dying in a hospital shall not be examined unless father, etc., consent, or if none, within forty-eight hours after death (Gen. Stat., sec. 1,735).
Removal of body from grave unlawfully, or receiving, secreting, or dissecting same, is punishable (Gen. Stat., 1880).
Body of executed criminal shall be buried by sheriff (Gen. Stat., sec. 1,640).
Delaware.
Coroner to hold inquest, etc., or may cause body to be disinterred (R. L., ch. 33).
Removal of body from grave unlawfully, a misdemeanor (Laws, 1883, ch. 204).
Florida.
Buying, selling, or having possession for purpose of buying or selling, a dead body is punishable (R. L., sec. 2,625).
Concealing birth of issue which, if born alive, would be a bastard, is punishable (R. L., sec. 2,393).
Coroner to hold inquest, etc. (R. L., secs. 3,011, 3,019).
Georgia.
Coroner to hold inquest or to disinter same for inquisition (Code, secs. 590, 591, 410 et seq.).
Public officers and their assistants, and their deputies of every county, city, town, or other municipality, or of every prison, chain gang, penitentiary, county morgue, public hospital, having control of dead body to be buried at public expense (not dying of infectious disease) shall deliver same to medical college for dissection, etc., unless claimed by friends or relatives or such friends or relatives request same to be buried, or unless deceased was a stranger or traveller (Laws, 1887, vol. 2, p. 77).
Removal of body from grave, etc., unlawfully for dissection or sale is felony, or receiving or purchasing it knowing it to have been so taken, or trafficking in dead bodies, or having them conveyed without the State for sale, etc., is a felony (Laws, 1882, vol. 2, p. 87).
Idaho.
Coroner to hold inquest, etc., and may exhume it for that purpose (R. L., sec. 8,377).
Coroner to bury body decently when not claimed by relatives, etc., and if necessary, at expense of county (R. L., sec. 2,081).
Illinois.
Removal of body unlawfully or aiding in such removal is punishable as a felony—one to ten years (S. & C. Am. Stat., vol. 1, p. 794).
Coroner to hold inquest, etc. (S. & C. Am. Stat., vol. 1, p. 606).
And to deliver body to friends or bury decently if no friends claim it, if necessary at county expense (S. & C. Am. Stat., vol. 1, p. 606).
Body of executed criminals may be delivered to any physician or surgeon for dissection unless friends object (S. & C. Am. Stat., vol. 1, p. 869; Crim. Code, sec. 503).
In cities and counties where population exceeds one hundred thousand, superintendents of penitentiaries, wardens of poor-houses, coroner, city undertaker, having body required to be buried at public expense, may deliver remains to medical college or any physician or surgeon for dissection, unless claimed by relatives (S. & C. Am. Stat., vol. 3, p. 867).
Indiana.
Removal of dead body or part of same unlawfully is a felony (R. L., sec. 2,165).
Concealment of body or part thereof, which has been unlawfully used for dissection, is a felony (R. L., sec. 2,167).
Receiving or buying a body knowing it to have been unlawfully disinterred is a felony (R. L., sec. 2,168).
Dead body of one dying in a State, city, or county prison or jail, or county asylum or infirmary or public hospital, or dead body of an executed criminal, or dead body of a vagrant, or one killed while committing a felony or escaping from prison or officers, may be delivered to the faculty of a medical college in State for dissection, etc., unless deceased requested to be buried or body is claimed by next of kin (R. L., sec. 4,258 et seq.).
Dissecting or possessing body for dissection except as prescribed by law is a felony (R. L., sec. 4,271).
Coroner to hold inquest, etc. (R. L, secs., 5,878, 5,879).
Iowa.
Coroner to hold inquest, etc. (McCl. Am. Code, sec. 487).
To bury body decently at expense of county, if necessary, or deliver it to relatives (McCl. Am. Code, sec. 501).
Removal, etc., of dead body unlawfully, or aiding such removal or knowingly receiving body so removed, etc., is punishable (McCl. Am. Code, sec. 5,328).
Coroner, undertaker, superintendent of public asylum, hospital, poor-house, or penitentiary, may deliver body to medical college or physician for dissection, etc., unless relatives, etc., refuse or deceased desired to be buried (McCl. Am. Code, sec. 5,329).
Bodies of those executed, or dying in hospitals or prisons under sentence for crime, shall be delivered to medical college or association or any physician or surgeon for dissection, etc., unless relatives or friends do not consent, or body shall have been interred, or is not claimed by relatives, or deceased expressed a wish to be buried, and after such use the remains shall be interred (Gen. Stat., sec. 3,758).
State board of health shall issue permits for transportation of bodies beyond county where death occurred (Gen. Stat., sec. 6,030).
Kansas.
Coroner to hold inquest, etc. (Gen. Stat., secs. 1,780, 1,794).
To bury body if not claimed by friends, etc., and at public expense, if necessary (Gen. Stat., sec. 1,792).
Removal of a body unlawfully for dissection or wantonly, or receiving body knowing it to have been so removed, is a misdemeanor (Gen. Stat., sec. 2,372 et seq.).
Kentucky.
Coroner to hold inquest, etc. (Gen. Stat., ch. 25, secs. 3, 11).
To bury the body or deliver to friends (Gen. Stat., ch. 25, sec. 6).
Body of one dying on a steamboat, or other craft, if not claimed by friends, shall be buried by master or officer in command on shore, at least four feet deep (Gen. Stat., ch. 29, art. 17, sec. 15).
Removal of body unlawfully from grave is punishable (Gen. Stat., ch. 29, art. 17, sec. 16).
Louisiana.
Coroner shall hold inquest, etc., and bury body when not claimed by friends (Voorh. Rev. L., secs. 653, 660).
Maine.
Coroner to hold inquest, etc. (R. L., ch. 139, sec. 1).
To bury the body at State or town expense (R. L., ch. 139, sec. 11).
Seizure of body on execution, punishable (R. L., ch. 124, sec. 26).
Removal, etc., of body unlawfully, or receiving it knowingly, or exposing, etc., body, is punishable (R. L., ch. 124, sec. 27).
Bodies may be buried and the expense recovered from the town (R. L., ch. 24, sec. 34).
If any resident request or consent that his body be delivered to a physician or surgeon for dissection, it may be so delivered, unless kindred or family connection objects (R. L., ch. 13, sec. 1).
Body of criminal dying in State prison or jail, or who was executed, may be delivered to medical college or physician, etc., for dissection, unless deceased or kindred request to be buried (R. L., ch. 13, sec. 2).
Body of person dying in the State, which is not claimed by relatives, notice having been given, shall be delivered to medical school unless ten voters of the town object to such disposition in writing (Laws, 1893, ch. 254).
Maryland.
Coroner to hold inquest, etc. (Md. Code, art. 22, secs. 3, 4).
Shall bury the body when necessary at public expense (Md. Code, art. 22, sec. 7).
Removal, etc., from graveyard, etc. (except potter’s field), of a body is a misdemeanor (Md. Code, art. 27, secs. 133, 134).
Massachusetts.
Medical examiners shall hold inquest, etc. (Pub. Stat., ch. 26, secs. 10, 11).
And shall deliver it to relatives or friends, or if no one claims it, to overseer of poor etc., for burial (Laws, 1887, ch. 310).
Body shall not be buried in city or town or removed therefrom without a permit (Laws, 1888, ch. 306).
Body of one dying of infectious disease shall not be transported without permit, and only in a sealed case (Laws, 1883, ch. 124, sec. 2).
Body shall not be cremated without permit and inquest by medical examiner, or within forty-eight hours after death, unless death was occasioned by contagious disease (Laws, 1885, ch. 265, sec. 4).
Overseers of poor, mayor and alderman of city, or superintendent of State alms-house, may deliver body of person required to be buried at public expense, to any physician or surgeon or medical college unless deceased requested to be buried, or relative request burial or claim it, or deceased was a stranger or traveller (Laws, 1891, ch. 185).
Body of criminal executed shall be delivered for dissection to a medical college if requested; if not, to friends or relatives, or, if none, to any physician or surgeon (Pub. Stat., ch. 202, sec. 8).
Removal of body unlawfully from grave is punishable, or buying, selling, or possessing for such purpose, is punishable (Pub. Stat., ch. 207, secs. 47, 48).
Concealing birth of child which, if born alive, would be a bastard, is punishable (Pub. Stat., ch. 207, sec. 11).
Seizing dead body on execution is punishable (Pub. Stat., ch. 207, sec. 46).
Body of a prisoner shall be buried by sheriff at town expense if not claimed by relatives or friends (Pub. Stat., ch. 220, sec. 31).
Michigan.
Justice of the peace to hold inquest, etc. (How. Am. Stat., vol. 2, sec. 9,583 et seq.).
And shall bury the body at the State or town expense (How. Am. Stat., vol. 3, sec. 9,593).
Woman concealing death of issue which, if born alive, would be a bastard, is punishable (How. Am. Stat., vol. 3, sec. 9,284).
Board of health, officers, sheriff, etc., of any prison, etc., poor-house, alms-house, having body required to be buried at public expense, shall, if not claimed by relatives, or if it have died of any infectious disease, deliver it to University of Michigan, etc., for dissection, etc. (How. Am. Stat., vol. 3, sec. 2,284).
Body shall not be shipped out of State nor used in State for any purpose but anatomical study (How. Am. Stat., vol. 3, sec. 2,286).
Removal of body unlawfully is punishable (How. Stat., vol. 2, sec. 9,297).
Minnesota.
Gen. Stat., secs. 6,220, 6,230, same as N. Y. P. C., secs. 305-315.
Concealing birth of child which died before or after birth is a misdemeanor (Gen. Stat., sec. 6,210).
Coroner to hold inquest, etc. (Gen. Stat., sec. 1,011 et seq.).
And cause body to be buried at expense of county (Gen. Stat., sec. 1,021).
Section 6,216, same as 303, N. Y. P. C.
Body must be buried within four days, and if death was from contagious disease, within twenty-four hours and in a tightly sealed coffin which must not be reopened (Gen. Stat., sec. 607).
Wardens, superintendents of poor, and other persons having control of bodies shall deliver same to medical college committee, for dissection, unless claimed by relatives or friends, or relatives or friends do not consent, or one detained as a witness or on suspicion of having committed a crime, or deceased requested to be buried (Gen. Stat., sec. 678).
Mississippi.
Body of paupers and strangers to be buried (Am. Code, secs. 3,145, 3,146).
Coroner to hold inquest, etc. (Am. Code, sec. 816).
Removal of body unlawfully and wantonly, for sale or receiving same, is punishable (Am. Code, secs. 1,023, 1,024).
Missouri.
Coroner to hold inquest, etc. (R. L., sec. 2,438 et seq.).
And shall bury the body, if not claimed by friends, at public expense (R. L., sec. 2,456).
And may direct a chemical analysis and microscopical examination of body (R. L., sec. 2,469).
Superintendents or wardens of penitentiary, houses of correction, insane asylums, poor-houses, and coroners, sheriffs, city and county undertakers, having charge of a body required to be buried at public expense, shall deliver the same to medical college for dissection unless claimed by relatives or friends, and trafficking in such bodies is a misdemeanor (R. L., sec. 6,883 et seq.).
Concealing birth of child, so that it may not be known whether it was born alive or dead, is a felony (R. L., sec. 3,479).
Removal of dead body from grave without authority (except that of criminal executed for crime), for purpose of sale, etc., or receiving such body knowingly, is a felony (R. L., secs. 3,842, 3,845).
Montana.
Concealing birth of child which, if born alive, would be a bastard, is punishable (Crim. Laws, sec. 41).
Coroner to hold inquest, etc. (Gen. Laws, secs. 869, 883).
And bury body at public expense if not claimed by relatives, etc. (Gen. Laws, sec. 881).
Removal, etc., of dead body from grave without authority, and for the purpose of sale or dissection, or from wantonness, is a felony (Laws, 1889, p. 114).
Nebraska.
Coroner to hold inquest, etc. (Consol. Stat., sec. 3,130 et seq.).
To bury body if not claimed by friends (Consol. Stat., sec. 3,144).
Removal of body from grave without authority for sale, dissection, etc., is punishable (Consol. Stat., sec. 5,847).
Fœticide is punishable (Consol. Stat., sec. 5,582).
Bodies of paupers or criminals unclaimed by friends or relatives may be delivered to medical college or physician for dissection, etc., and such body shall not be transported out of State (Consol. Stat., secs. 3,299, 3,301, 5,848).
Nevada.
Justice of peace to hold inquest, etc. (Gen. Stat., sec. 2,256 et seq.).
And cause the body to be buried at public expense (Gen. Stat., sec. 2,269).
Body shall not be buried without certificate of physician or coroner (Gen. Stat., sec. 4,872 et seq.).
Body shall not be transported out of State without a permit (Gen. Stat., secs. 4,870, 4,871).
Concealing birth of child which, if born alive, would be a bastard, is punishable (Gen. Stat., sec. 4,597).
Non-resident, et al., to be buried at public expense (Gen. Stat., sec. 1,986).
New Hampshire.
Coroner to hold inquest, etc. (Pub. Stat., ch. 262, sec. 1 et seq.).
And bury body if a stranger, at public expense (Pub. Stat., ch. 262, sec. 16).
Concealing birth of child which, if born alive, would be a bastard, is punishable (Pub. Stat., ch. 278, sec. 14).
Body of person dying in a county, city, or town, or State prison or jail, required to be buried at public expense, shall be delivered to any physician or medical college for dissection, etc., unless deceased requested to be buried, or friends claimed it or request burial, or deceased was a stranger or traveller who died suddenly (Pub. Stat., ch. 136).
Body not to be buried without permit or disinterred (Pub. Stat., ch. 173, sec. 6).
Removal of dead body without authority, or concealing it, knowing it to have been so dug up, is punishable (Pub. Stat., ch. 266, sec. 7).
New Jersey.
Coroner to hold inquest, etc. (Rev. Stat., p. 170 et seq.).
And bury body if not claimed by friends (Rev. Stat., p. 170, sec. 5).
Concealing birth of child which, if born alive, would be a bastard, is a misdemeanor (Rev. Stat., p. 241, sec. 83).
Body of executed criminal may be delivered to physician, etc., for dissection unless claimed by relatives (Rev. Stat., p. 239, sec. 69).
Removal of a body without authority for sale, dissection, etc., is a high misdemeanor (Rev. Stat., p. 249, sec. 122).
Exposing body of an executed murderer is a misdemeanor (Supp. Rev. Stat., p. 194, sec. 19).
Body must not be buried without a permit; nor body brought into the State without permit; nor taken out of State without permit (Laws, 1888, ch. 39, secs. 5-8).
New Mexico.
Justice of the peace to hold inquest, etc. (Comp. Laws, sec. 443 et seq.).
And bury the body (Comp. Laws, sec. 447).
Body of one dying of a contagious disease shall not be carried in an open coffin, or be exposed (Laws, 1889, ch. 79, sec. 8).
Body shall not be buried within fifty yards of running stream (Laws, 1891, ch. 93).
New York.
Duty of burial, etc. (Pen. Code, sec. 305 et seq.).
Attempt at sexual intercourse with dead body is a crime against nature (Pen. Code, sec. 303).
Transfer of body of one who died of a contagious or infectious disease shall be in hermetically sealed casket (Laws, 1893, ch. 661, sec. 23).
Bodies of those dying in, or in custody of managers, etc., of any prison, asylum, morgue, hospital, or in possession of undertakers, shall be delivered to medical college of this State, etc., for purpose of medical study, unless claimed by relatives or friends, or friends or relatives do not assent to such disposal, or deceased requested during last illness to be buried (Laws, 1893, ch. 661, sec. 207).
In certain cases bodies of convicts, unless claimed, shall be delivered to certain medical colleges (R. S., pt. 4, ch. 3, secs. 132, 133).
District attorney may cause body to be exhumed, examined, etc. (Pen. Code, sec. 308).
North Carolina.
Coroner to hold inquest, etc. (Code, sec. 657).
Concealing birth of child, by burying dead body, is a misdemeanor. Opening grave without authority for purpose of taking body is a felony (Laws, 1885, ch. 90).
Coroner may order a chemical analysis of remains (Laws, 1887, ch. 269).
Dead body of convict, unclaimed by friends, shall be delivered to medical college except such dying of contagious disease (Laws, 1891, ch. 129).
Body of one dying of contagious disease must not be transported by common carrier until disinfected, nor shall permit for removal be issued until such disinfection (Laws, 1893, ch. 214, sec. 16).
North Dakota.
Coroner to hold inquest, etc. (Comp. Laws, sec. 664 et seq.).
And bury the body if not claimed by friends, etc. (Comp. Laws, sec. 676).
Concealing birth of child which, if born alive, would be a bastard, or of child dying within two years after birth, is punishable (Comp. Laws, sec. 6,947).
| Comp. Laws. | |||||
| Sec. | 6,549 | same as | 305 | N. Y. P. C. | |
| ” | 6,550 | ” | 306 | ” | |
| ” | 6,551 | ” | 307 | ” | |
| ” | 6,552 | ” | 308 | (1-3) | ” |
| ” | 6,553 | ” | 309 | ” | |
| ” | 6,554 | ” | 310 | ” | |
| ” | 6,559 | ” | 311 | ” | |
| ” | 6,560 | ” | 312 | ” | |
| ” | 6,563 | ” | 314 | ” | |
Duty of burial of married woman, on husband. If not married woman, on nearest of kin who is an adult or has means sufficient (Comp. Laws, sec. 6,556).
Refusal to bury by one on whom duty is imposed by law, a misdemeanor (Comp. Laws, sec. 6,557).
Custody of body pertains to one whose duty it is to bury (Comp. Laws, sec. 6,558).
When cemetery is by law changed to other place, duty is on relative to move body (Comp. Laws, sec. 6,562).
Body of executed criminal, and those dying in State penitentiary or county jail under sentence, shall be delivered to medical college or any physician for dissection, unless deceased requested to be buried, or friends ask to have it buried, or deceased was a stranger or traveller (Laws, 1890, ch. 92).
Ohio.
Coroner to hold inquest, etc. (R. L., sec. 1,221 et seq.).
And bury body, etc. (R. L., sec. 1,227).
Body of pauper or unknown, not an inmate of any penal, charitable, or reformatory institution, and not claimed by relative or delivered for dissection according to law, shall be buried at public expense (Laws, 1890, p. 283).
Corpse shall not be conveyed to or from a city without a permit (R. L., sec. 2,119).
Bodies of those dying in city hospitals, city or county infirmaries, work-houses, asylums, charitable institutions, penitentiaries, or jails, which are required to be buried at public expense, shall be delivered to medical college or society for study, etc., unless claimed by relative, or deceased was a stranger or traveller (except tramps) (R. L., sec. 3,763).
Removing body from grave without authority for dissection or receiving such body is punishable (R. L., sec. 7,034).
Body of executed criminal, if not claimed by relative or friends, may be delivered for dissection, etc. (R. L., sec. 7,343, 1).
Oklahoma.
Coroner to hold inquest, etc. (Stat., sec. 1,745 et seq.).
And bury the body at public expense if not claimed by relatives (Stat., sec. 1,759).
Concealing birth of issue which, if born alive, etc., or dying within two years after birth, is punishable (Stat., sec. 2,179).
| 2,188-2,190 | same as | 305-307 | N. Y. P. C. | |
| 2,191 | ” | 308 | ” | (except subd. 4) |
| 2,192-2,193 | ” | 309-310 | ” | |
| 2,198 | ” | 311 | ” | (ex. punishment) |
| 2,199 | ” | 312 | ” | |
| 2,202 | ” | 314 | ” |
Custody is in him whose duty it is to bury (Stat., secs. 21, 97).
Duty of burial of married woman, on husband; if not married woman, on nearest of kin who is an adult and has sufficient means (Stat., sec. 2,195).
Refusal to bury by one on whom duty rests, is a misdemeanor (Stat., sec. 2,196).
Oregon.
Coroner to hold inquest, etc. (Crim. Code, sec. 453 et seq.).
And bury body if not claimed by friends (Crim. Code, sec. 462).
Unmarried woman concealing birth of child so that it may not be known whether it was born alive or not, is punishable (Crim. Code, sec. 649).
Bodies of criminals executed, those dying in hospitals, insane asylums, alms-houses, or penitentiaries, may be delivered to medical college or physician for dissection, etc., unless they shall have been interred, or claimed by relatives, or relatives and friends do not consent, or deceased expressed a wish to be buried; and they shall be used for such purpose only and in this State (Hill’s Am. Laws, sec. 3,730 et seq.).
Removal of body without authority, etc., is punishable (Crim. Code, sec. 656).
Pennsylvania.
Coroner to hold inquest in Philadelphia County only in case of a violent death (Bright Pen. Dig., 1536, sec. 37).
And may in Berks and Lancaster Counties order a post mortem (Bright Pen. Dig., 1536, sec. 38).
Concealing death of child which, if born alive, would be a bastard, is punishable (Bright Pen. Dig., 431, sec. 158).
Removal of body from grave without authority is a misdemeanor (Bright Pen. Dig., 229, sec. 11).
Bodies of those dying in alms-house, hospital, prison, or public institution, or those in morgue, which are required to be buried at public expense, shall be delivered to medical college, physician, etc., to be used for scientific purposes only, unless claimed by relatives or deceased was a traveller, and trafficking in such bodies is a misdemeanor (Bright Pen. Dig., p. 9, sec. 1 et seq.).
Rhode Island.
Concealing death of child which, if born alive, would be a bastard, so that it may not be known, etc., is punishable (Pub. Stat., ch. 244, sec. 8).
Seizing dead body under execution is punishable (Pub. Stat., ch. 223, sec. 2).
Bodies of those dying in jail shall, if not claimed by relatives, be buried at public expense (Pub. Stat., ch. 201, sec. 30).
Medical examiner to make autopsy (Pub. Stat., 1884, ch. 420).
And bury body of stranger at State expense if necessary (Pub. Laws, 1884, ch. 420, sec. 24).
Coroner to hold inquest if, in opinion of medical examiner, death was caused by act of some one other than deceased (Pub. Laws, 1884, ch. 420, sec. 17).
South Carolina.
Coroner to hold inquest, etc. (R. L., secs. 711, 2,664 et seq.).
And may have body disinterred for inquisition (R. L., sec. 2,687).
Tennessee.
Coroner to hold inquest, etc. (Code, sec. 6,139 et seq.).
And may order a chemical analysis of remains, etc. (Code, sec. 6,150).
Body to be buried, if not claimed by relatives, etc., at public expense if necessary (Code, sec. 6,160).
Wilfully and improperly exposing or abandoning a dead body is a misdemeanor (Code, sec. 5,658).
Removing or purchasing dead bodies without authority is a misdemeanor (Code, secs. 5,659, 5,660).
Body of deceased convict to be buried unless claimed by friends (Code, sec. 6,402).
Texas.
Justice of the peace to hold inquest, etc. (Code Crim. P., art. 988 et seq.).
And may disinter the body for such inquisition (Code Crim. P., art. 989).
Removal, etc., of dead body from grave without authority is punishable (Code, art. 345).
Bodies of convicts to be buried (Rev. C. Stat., art. 3,561).
Vermont.
Justice of the peace to hold inquest, etc. (Rev. Laws, sec. 3,934 et seq.).
Removal, etc., of dead body without authority, is punishable (Rev. Laws, secs. 4,194, 4,196).
Bodies of those dying in poor-house or other public institution, which are required to be buried at public expense, may be delivered to any physician for dissection, etc., unless deceased requested to be buried, or friends or relations request burial, or deceased was a stranger or traveller. Such body shall not be removed from State, and shall be used for scientific purposes only (Laws, 1884, ch. 85).
Virginia.
Coroner to hold inquest, etc. (Code, sec. 3,938 et seq.).
And to bury the body at public expense (Code, sec. 3,946).
Removal, etc., of dead body from grave without authority, is punishable (Code, sec. 3,794).
Bodies of those dying on vessels in State, shall be buried by master on the shore above high-water mark (Code, sec. 2,002).
Bodies of those dying in alms-house, prison, morgue, hospital, jail, or other public institution, which are required to be buried at public expense, and bodies of criminals executed for crime shall be delivered to medical college, etc., and physician or surgeon for anatomical study, unless (except criminals) relatives and friends claim the body or deceased was a stranger or traveller; and such bodies shall not be sent out of the State (Code, ch. 80).
Washington.
Coroner to hold inquest, etc. (Hill’s Am. Stat., vol. 1, sec. 245 et seq.).
And bury body, if not claimed by friends, at public expense (Hill’s Am. Stat., vol. 1, sec. 257).
Bodies of those dying in poor-house, public hospital, county jail, State prison, etc., which are required to be buried at public expense, shall be delivered to medical college, physician, surgeon, etc., for study, unless deceased requested to be buried, or it is claimed by friends or relatives, or deceased was a stranger or traveller; and such body shall be used only in the State (Hill’s Am. Stat., vol. 1, sec. 2,428 et seq.).
Removal, etc., of body from the grave without authority is punishable (Pen. Code, sec. 208).
West Virginia.
Coroner to hold inquest, etc. (Code, ch. 154).
And bury the body at public expense, or if of a stranger, may forward it to its destination or bury it (Code, ch. 154, sec. 8).
Removal, etc., of a body from grave is punishable (Code, ch. 149, sec. 13).
Wisconsin.
Justice of the peace or coroner to hold inquest, etc. (S. & B. Am. Stat., ch. 200).
And shall cause the body to be buried at public expense (S. & B. Am. Stat., ch. 200, sec. 4,877).
Dead body of convict shall, if not claimed by relatives or friends, be buried (S. & B. Am. Stat., sec. 4,926).
Removal, etc., of body from grave without authority is punishable (S. & B. Am. Stat., sec. 4,592).
Concealing death of child which, if born alive, would be a bastard, is punishable (S. & B. Am. Stat., sec. 4,585).
A public officer having in his charge a body required to be buried at public expense, shall deliver same to member of State or county medical society, etc., for anatomical study, unless claimed by relatives, or they consent to such disposal, or deceased requested to be buried, or was a stranger or traveller (S. & B. Am. Stat., sec. 1,437).