Page:1864-65 Territory of Dakota Session Laws.pdf/116

104 Sec. 354. The person charged by law with the duty of burying the body of a deceased person is entitled to the custody of such body for the purpose of burying it; except that in the cases in which an inquest is required by law to be held upon a dead body, by a coroner, such coroner is entitled to its custody until such inquest bas been completed.

Sec. 355. Every person who removes any part of the dead body of a human being from any grave or other place where the same has been buried or from any place where the same is deposited while awaiting burial, with intent to sell the same, or to dissect it without authority of law, or from malice or wantonness, is punishable by imprisonment in the territorial prison not exceeding five years, or in a county jail not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment.

Sec. 356. Every persoh who purchases, or who receives, except for the purpose of burial, any dead body of a human being knowing that the same has been removed contrary to the last section, is punishable by imprisonment in the territorial prison not exceeding five years, or in a county jail not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment.

Sec. 357. Every person who opens any grave or other place of burial, temporary or otherwise, or who breaks open any building wherein any dead boily of a human being is deposited while awaiting burial, with intent, either:

1. To remove any dead body of a human being for the purpose of selling the same, or for the purpose of dissection; or

2. To steal the coffin, or any part thereof, or anything attached thereto, or connected therewith, or the vestments or other articles buried with the same,

Is punishable by imprisonment in the territorial prison not exceeding two, or in a county jail not exceeding six months or by a fine not exceeding two hundred and fifty dollars, or by both such fine and imprisonment.

Sec. 358. Whenever a cemetery or other place of burial is lawfully authorized to be removed from one place to another, the right and duty to disinter, remove and rebury the remains of bodies there lying burial, devolves upon the persons named