Page:1887 Compiled Laws of Dakota Territory.pdf/1111

Violating Sepulture. 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 latter in making the burial, to be recovered in a civil action.

§ 6558. 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 in­ quest has been completed.

§ 6559. 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 the county jail not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment.

§ 6560. Every person 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.

§ 6561. Every person who opens any grave or any place of burial, temporary or otherwise, or who breaks open any build­ing wherein any dead body 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 any thing 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.

§ 6562. 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 buried, devolves upon the persons named in section 6556, in the order in which they are named, and, if they all fail to act, then upon the lawful custodians of the place of burial so removed. Every omission of such duty is punishable in the same manner as other omissions to perform the duty of making burial are made punishable by section 6557.

§ 6563. Every person who arrests or attaches any dead body of a human being upon any debt or demand whatever, or detains or claims to detain it for any debt or demand, or upon any pretended lien or charge, is guilty of a misdemeanor.

§ 6564. Every person who wilfully disturbs, interrupts or disquiets any assemblage of people met for the purpose of any funeral, or who, without authority of law, obstructs or detains any persons engaged in carrying or accompanying any dead body of a human being to a place of burial, is guilty of a mis­demeanor.