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CHAPTER IV.
Dissection.

$3093. Physicians, etc., may obtain dead bodies.
§ 3094. Bodies required to be buried at publio 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.

CHAPTER V.

Cemeteries and Sepulture.

$ 3105. Title to cemetery grounds.
$3106. What constitutes a cemetery.
$3197. Cemeteries, how laid out and dedicated.
$3108. Inhabitants of city, etc., to own cemetery.
§ 3109. Publio cemeteries, under whose control,
§ 3110. Regulations, sextons, etc.

$ 3111. Register must be kept.

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, 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 Penal Code, $$ 290-297. Interdiction of unauthorized exhumation, Stats. 1818, p. 1050

3106. Six or more human bodies being buried at one place constitutes the place a cemetery. Basis of section-Stats. 1854, p. 20.

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 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.

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 onco dedicated to use for burial purposes must thereafter be used for no other purpose.

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

POL. CODE-39.

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 countyin which they are situated.

3110. The Board 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 officers to enforce obedience to the same, with such other powers and duties regarding the cemetery as they may deem necessary.

3111. The authority having control of a public cemetery must require a register of name, age, birth-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.

CHAPTER VI.

Lost and Unclaimed Property.

ARTICLE I. LOST MONEY AND GOODS.

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§ 3136. Duty of persons finding lost money, etc.
§ 3137. Appraisers, appointment and duty of.
$3138. List of appraisers. Finder to advertise.
§3139. Proceedings, if no owner appear within six months.
§ 3140. Finder to restore property. Owner may sue.
§ 3141. Finder failing to make discovery, penalty.
§ 3142. Proof, how made.

3136. 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. [Approved March 30; in effect, July 6, 1874.]

Finder-rights, duties and liabilities of, see Civil Code, §§ 1864-1872. Wrecks and wrecked property-S$ 2403-2418.

Lost property-larceny of, see Penal Code, § 485.

Former provisions-as to water craft found adrift, and lost money and property, Stats. 1850, p. 156.

3137. 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. 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.

3139. 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.

3140. 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.

3141. If any person find any money, property, or other valuable thing, and fail to make discovery of the same as required by this article, he forfeits to the owner double the value thereof.

Failing to make discovery-is larceny, Penal Code, § 485.

3142. The proof required by this article must be made before the Clerk with whom the list provided for herein is filed, and if he is satisfied therefrom that the person claiming to be is the owner, he must certify that fact under his hand and the seal of the County Court.

County Court-superseded by Superior Court (see Code (Civ. Proc., $$ 65-79), pursuant to Const. Cal. 1879, art. 22, § 3.

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