Page:Revised Codes of the State of North Dakota 1895.pdf/1308

§§ 7190-7196 § 7190. Right to transport dead body. The last section does not affect the right to carry the dead body of a human being through this state or to remove from this state the body of a person dying within it, for the purpose of burying the same in another state or territory.

§ 7191. Dissection, when allowed. The right to dissect the dead body of a human being exists in the following cases:

1. In the cases authorized by positive enactment of the legislative assembly of this state.

2. Whenever the death occurs under circumstances in which a coroner is authorized by law to hold an inquest upon the body, and a coroner authorizes such dissection for the purposes of the inquest.

3. Whenever any husband or next of kin of a deceased person being charged by law with the duty of burial, authorizes such dissection for the purpose of ascertaining the cause of death.

§ 7192. Unlawful dissection, misdemeanor. Every person who makes or procures to be made any dissection of the body of a human being, except by authority of law, or in pursuance of a permission given by the deceased, is guilty of a misdemeanor.

§ 7193. Remains after dissection. In all cases in which a dissection has been made, the provisions of this chapter requiring the burial of a dead body, and punishing interference with or injuries to a dead body, apply equally to the remains of the body dissected, as soon as the lawful purposes of such dissection have been accomplished.

§ 7194. Dead limb or member of body. 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, separated therefrom during lifetime.

§ 7196. Whose duty to bury. The duty of burying the body of a deceased person devolves upon the persons hereinafter specified:

1. If the deceased was a married woman, the duty of burial devolves upon her husband.

2. If the deceased was 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 state, 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 cast 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.

§ 7196. Neglect of burial, misdemeanor. Every person upon whom the duty of making burial of the remains of a deceasel person is imposed by law, who omits 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 perform- 1274