Page:1864-65 Territory of Dakota Session Laws.pdf/115

Rh the provisions of this chapter, requiring the burial of a dead, body, and punishing interference with or injuries to body, apply equally to the remains of the body dissected, as soon as the lawful purposes of such dissection have been accomplished.

Sec. 351. All provisions of this chapter requiring the burial of a dead body, or punishing interference with or injuries to a dead body, apply equally to any dead limb or member of a human body, seperated therefrom during lifetime.

Sec. 352. The duty of burying the body of a deceased person devolves upon the persons hereinafter specified:

1. If the deceased were a married woman the duty of burial devolves upon her husband;

2. If the deceased were not a married woman, but left any kindred, the duty of burial devolves upon the person or persons in the same degree nearest of kin to the deceased, being of adult age, and within this territory and possessed of sufficient means to defray the necessary expenses.

3. If the deceased left no husband, nor kindred, answering the foregoing description, the duty of burial devolves upon the coroner conducting an inquest upon the body of the deceased if any such inquest is held, if none, then upon the persons charged with the support of the poor in the locality in which the death occurs;

4. In case the person upon whom the duty of burial is east by the foregoing provisions omits to make such burial within a reasonable time, the duty devolves upon the person next specified; and if all omit to act, it devolves upon the tenant, or, if there is no tenant, upon the owner of the premises, or master, or, if there is no master, upon the owner of the vessel in which the death occurs or the body is found.

Sec. 353. Every person upon whom the duty of making burial of the remains of a deceased person is imposed by law, who omit to perform that duty within a reasonable time, is guilty of a misdemeanor; and, in addition to the punishment prescribed therefor, is liable to pay to the person performing the duty in his stead, treble the expenses incurred by the later in making the burial, to be recovered in a civil action.