Act 1891, c. 26, s. 3)._Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1

If the council think fit, they may direct the registrar to restore

any name or entry erased, without fee, or on payment of such fee not

exceeding the regular fee as the council may fix (_ib._, s. 35 [2]).

The council is required to ascertain facts, in the exercise of its

powers of erasing and restoring, by a committee of their own body of

not more than five, and a written report of the committee may be acted

on by the council (_ib._, s. 36 [1], as amended Act 1891, c. 26, s. 4).

At least two weeks’ notice of the first meeting of the committee for

ascertaining the facts of any case must be served on a person whose

conduct is subject to inquiry, and such notice must embody a copy of

the charges or a statement of the subject-matter of the inquiry, and

specify the time and place of meeting. The testimony is under oath, and

subject to cross-examination and the full right to call evidence in

defence and reply. In the event of the non-attendance of such person

the committee, on the proof of personal service of the notice, may

proceed with the inquiry in his absence and without further notice

(_ib._, s. 36 [5]).

No action can be brought against the council or committee for anything

done _bona fide_ under this act notwithstanding want of form in the

proceedings. Any person whose name has been ordered erased may appeal

from the decision of the council to any division of the high court

at any time within six months from the date of the order of erasure,

and the judge may make such order as to restoration, confirmation, or

further inquiries by the committee or council and as to costs, as to

him shall seem right (_ib._, s. 37, as amended Act 1891, c. 26, s. 5).

The appeal may be by a summons served on the registrar to show cause,

and is founded upon a copy of the proceedings before the committee, the

evidence taken, the committee’s report, and the order of the council

certified by the registrar. The registrar is required to furnish to any

person desiring to appeal a certified copy of all proceedings, reports,

orders, and papers on which the committee acted, on payment of five

cents a folio (_ib._, s. 38, as amended Act 1891, c. 26, s. 6).

The Act of 1891, c. 26, s. 7, provides for procuring the attendance of

witnesses before the committee, and for payment of costs by the person

whose name has been directed to be erased.

RIGHTS OF REGISTERED PERSONS.—Every person registered is entitled

according to his qualifications to practise medicine, surgery, or

midwifery, or any of them, as the case may be, and to demand and

recover with full costs reasonable charges for professional aid,

advice, and visits and the cost of any medicine or other medical or

surgical appliances rendered or supplied by him to his patient (_ib._,

s. 39).

LIMITATIONS.—One year after the termination of professional services

is established as a period of limitations to an action for negligence

or malpractice by reason thereof against duly registered members of

said college (_ib._, s. 40).

EVIDENCE.—The register is required to be printed and published, and a

copy thereof purporting to be so printed and published is _prima facie_

evidence that the persons specified are registered; and, subject to the

provisions of subsection 2 of this section, the absence of the name of

any person from such copy shall be _prima facie_ evidence that such

person is not registered (_ib._, s. 41 [1]).

In case of the name of a person not appearing in such copy, a certified

copy, under the hand of the registrar, of the entry of the name on the

ANNUAL CERTIFICATE OF REGISTRATION.—Every registered medical

practitioner is required to obtain from the registrar annually, before

December 31st, a certificate under seal of the college that he is a

duly registered medical practitioner (Act 1891, c. 26, s. 8).

On payment of all fees and dues payable by such practitioner to the

college, the registrar is required to write his name and the date on

the margin of the certificate, and the certificate is deemed to be

issued only from such date; any fees properly charged during the time

in which a name was erased from the register are legally recoverable on

production of the certificate of registration at time of suit (_ib._).

No certificate is issued to any practitioner indebted to the college,

nor until the annual fee for the certificate prescribed by the statute

and the by-laws of the college is paid (_ib._).

If a practitioner omits to take out such certificate, he shall not be

entitled thereto until he pays the certificate fee, and any other fees

or dues which he owes the college (_ib._).

After twelve months’ default in taking out such certificate, and two

months’ notice of default by registered letter to the registered

address of the defaulter, if payment is not made, the registrar is

required to erase his name and the provisions as to unregistered

practitioners forthwith apply (_ib._).

Such practitioner may, unless otherwise disqualified, obtain

re-registration and re-instatement to full privileges by applying

to the registrar and paying up the fees and dues and taking out his

certificate (_ib._).

NEGLECT TO REGISTER.—Those entitled to register and neglecting so

to do are not entitled to any rights or privileges conferred by

registration, and are liable to all the penalties against unqualified

or unregistered practitioners (Rev. St., 1887, c. 148, s. 42).

FRAUDULENT REGISTRATION.—If a person procures registration by means

of false or fraudulent representations it is lawful for the registrar,

on a receipt of sufficient evidence of such falsity or fraud, to

represent the matter to the council, and on the written order of the

president, attested by the seal of the college, to erase his name from

the register and publish the fact and cause of erasure in the Ontario

_Gazette_; and after such notice such person ceases to be a member of

said college and to enjoy the privileges conferred by registration

without the express sanction of the council (_ib._, s. 44 [1]).

OFFENCES AND PENALTIES.—Wilfully procuring or attempting to procure

registration by false or fraudulent representations is punishable with

a penalty not exceeding $100. Knowingly aiding and assisting therein is

punishable with a penalty of from $20 to $50 for each offence (_ib._,

s. 44 [2]).

Practising without registration for hire, gain, or hope of reward is

punishable with a penalty of from $25 to $100 (_ib._, s. 45).

A person wilfully or falsely pretending to be a physician, doctor of

medicine, surgeon or general practitioner, or assuming any title,

addition, or description other than that he actually possesses and is

legally entitled to, is punishable with a penalty of from $10 to $50

(_ib._, s. 46).

A person taking or using a name, title, addition, or description

implying or calculated to lead people to infer that he is recognized by

law as a physician, surgeon, accoucheur, or licentiate in medicine,

surgery, or midwifery is punishable by a penalty of from $25 to $100

(_ib._, s. 47).

UNREGISTERED PERSONS.—No person is entitled to recover a charge for

medical or surgical advice or attendance or the performance of any

operation or any medicine prescribed or supplied unless he produces to

the court a certificate that he is registered; but this section does

not extend to the sale of drugs or medicines by a licensed chemist or

druggist (_ib._, s. 48, as amended Act 1891, c. 26, s. 2).

No person shall be appointed as a medical officer, physician, or

surgeon in any branch of the public service, or in any hospital

or other charitable institution not supported wholly by voluntary

contribution, unless he be registered (_ib._, s. 49).

No certificate required from any physician, surgeon, or medical

practitioner is valid unless the signer be registered (_ib._, s. 50).

COSTS.—The justice of the peace having jurisdiction of a prosecution

may award payment of costs in addition to the penalty, and in default

of payment may commit to the common jail for a period not exceeding one

month unless the penalty and costs are sooner paid (_ib._, s. 51).

APPEAL.—Any person convicted who gives notice of appeal must give

satisfactory security for the amount of the penalty and the costs of

conviction and appeal (_ib._, s. 52).

PROOF.—In any trial under the act, the burden of proof as to

registration is on the person charged (_ib._, s. 53).

Where proof of registration is required, the production of a printed or

other copy of the register certified under the hand of the registrar

for the time being is sufficient evidence of all persons who are

registered practitioners, and any certificate upon such copy purporting

to be signed by any person in his capacity of registrar is _prima

facie_ evidence that such person is registrar without proof of his

signature or of his being registrar (_ib._, s. 54).

LIMITATIONS OF PROSECUTIONS.—Prosecutions are limited to commence

within one year from the date of the offence (_ib._, s. 55)

STAY.—The council may, by order signed by its president having the

seal of the college appended, stay proceedings in any prosecution when

deemed expedient (_ib._, s. 56).

PROSECUTOR.—Any person may be prosecutor or complainant (_ib._, s. 57

[2]).

QUALIFICATION.—Schedule B referred to in the act is as follows:

1. A license to practise physic, surgery, and midwifery, or either,

within Upper Canada under the acts of Upper Canada, 59 G., III., c. 13,

and 8 G., IV., c. 3, respectively.

2. A license or diploma granted under 2 Vict., c. 38, or under the

Consolidated Statutes for Upper Canada, c. 40, or any act amending the

same.

3. A license or authorization to practise physic, surgery, and

midwifery, or either, within Lower Canada, whether granted under

ordinance 28 G., III., c. 8, or act 10 and 11 Vict., c. 26, and acts

amending the same, or under c. 71 of the Consolidated Statutes for

Upper Canada, or any act amending the same.

4. A certificate of qualification to practise medicine, surgery, and

midwifery, or either, hereafter granted by any colleges or bodies named

or referred to in sec. 6.

5. A medical or surgical degree or diploma of any university or college

in Her Majesty’s dominions or of such other universities or colleges as

the council may determine.

6. A certificate of registration under the Imperial Act 21 and 22

Vict., c. 90, known as “The Medical Act,” or any act amending the same.

7. A commission or warrant as physician or surgeon in Her Majesty’s

military service.

8. Certificates of qualification to practise medicine under any of the

acts relating to homœopathy or the eclectic system of medicine.

FEES.—To registrar, for transfer under sec. 9 (2), $2.

To registrar, for registration under sec. 24, not more than $10, to be

fixed by the by-laws of council.

To registrar, for registration under sec. 25, such fees as the council

may by general by-law establish.

To registrar, for copies under sec. 38, 5 cents a folio.

Members are required to pay an annual fee to the college; the amount

and means of enforcing which are in the discretion of the elected

members of the council (Act 1893, c. 27, s. 6).

PRINCE EDWARD ISLAND.

MEDICAL SOCIETY.—The members of the medical profession constitute a

body corporate under the name of the “Medical Society of Prince Edward

Island” (Act 1892, c. 42, s. 1).

Persons registered under the act 34 Vict., c. 25, or 37 Vict., or the

Prince Edward Island Medical Act of 1890, are members of the society

and entitled to register under this act without a fee (_ib._, s. 2).

All persons registered under this act are members of the said society

(_ib._, s. 3).

REGISTRATION.—There is a council of said society, composed of seven

members of the society elected by the society (_ib._, s. 4), which is

required to appoint a registrar among other officers (_ib._, s. 6); and

to cause him to keep a register of the name of every person registered

under this act, or the acts mentioned in sec. 2, and from time to time

of the names of all persons who have complied with this act and the

rules and regulations made by the council respecting the qualifications

of practitioners of medicine, surgery, or midwifery, which is called

the Prince Edward Island Medical Register; and only those persons whose

names are inscribed therein are qualified and licensed to practise

medicine, surgery, or midwifery, except as hereinafter provided (_ib._,

s. 8).

The registrar is required to keep his register correct, and to make the

necessary alterations in the addresses and qualifications of persons

registered (_ib._, s. 9).

The council is required to admit to registration, on the payment of the

registration fee, all persons duly registered by the medical council of

Great Britain or otherwise authorized to practise medicine, surgery, or

midwifery in the United Kingdom of Great Britain and Ireland (_ib._, s.

10).

Every person who holds a medical or surgical degree or diploma dated

prior to January 1st, 1880, from any university, college, or school

of medicine in Great Britain, Ireland, or Canada, or any of the

universities or colleges in the United States mentioned in Schedule A,

is entitled to register on producing to the registrar such diploma or

satisfactory evidence of the qualification in respect whereof he seeks

to be registered (_ib._, s. 11).

Every person desirous of being registered, not registered under the

acts mentioned in sec. 2, and who had not become possessed of a diploma

as provided in sec. 11, must, before being entitled to register, be

examined as to his knowledge and skill for the efficient practice

of his profession before the medical council, and on passing the

examination required and producing proof of study in medicine, surgery,

and midwifery four years, one of which may be with a registered

medical practitioner, shall, subject to the next section, be entitled

to register and by virtue of such registration to practise medicine,

surgery, and midwifery; provided, the council may, if it see fit,

dispense with the examination in any case (_ib._, s. 12).

No person commencing the study of medicine on or after September

1st, 1892, shall be entitled to register unless he has passed a

matriculation examination equivalent to that of the College of Surgeons

of London, or shall hold a license as a first-class teacher in this

province, or shall have obtained from the council a certificate that he

has satisfactorily passed a matriculation examination in the subjects

specified in Schedule B.

Any graduate or student matriculated in the arts in any university in

Her Majesty’s dominions shall not be required to pass the matriculation

examination (_ib._, s. 13).

The council may grant a license to practise medicine, surgery, or

midwifery to an applicant at the time of the passage of this act

practising medicine, surgery, or midwifery, or any of them, in Prince

Edward Island, on a preliminary examination as the council may think

necessary for the public safety, provided such person shall have

practised five years in the province, but such person is not thereby

entitled to registration (_ib._, s. 15).

When there has been established an authorized examining body or an

institution recognized by the legislature of any other province of the

Dominion of Canada as the sole examining body for granting certificates

of qualification, and where the curriculum is equal to that appointed

by the medical council of Prince Edward Island, the holder of such

certificate shall, upon due proof, be entitled to registration by the

council of Prince Edward Island, if the same privilege is accorded in

such other province to those registered in Prince Edward Island (_ib._,

s. 16).

The council is required to hold examinations at least every three

months, if required, for candidates for registration, at such places

and times and in the same manner as the council may direct (_ib._, s.

18).

Every person registered who obtains a higher degree or other

qualification shall, on the payment of such fees as the council shall

appoint, be entitled to have it registered in substitution for or in

addition to the qualification previously registered (_ib._, s. 19).

No qualification is entered unless the registrar be satisfied, by

proper evidence, that the person claiming is entitled to register it.

There is an appeal to the council; any name proved to the council to

have been fraudulently or incorrectly entered may be erased by an order

in writing of the council (_ib._, s. 20).

If the registrar is dissatisfied with the evidence he may, subject to

appeal to the council, refuse registration until the person claiming

it has furnished evidence to the satisfaction of the registrar, duly

attested by oath or affidavit before a notary public or justice of the

peace (_ib._, s. 21).

A medical practitioner guilty of infamous or disgraceful conduct in a

professional respect is liable to have his name erased, and if he apply

for registration the council may refuse it (_ib._, s. 22).

The registrar may publish in a newspaper or newspapers of Prince Edward

Island the fact that the name of such person has been erased, and the

cause of the erasure, but not until the appeal, if any has been taken

within the time allowed, has been disposed of (_ib._, s. 23).

Where the council refuse to register, or direct an erasure, the entry

shall not be again made except by direction of the council or the order

of the supreme court or a judge thereof (_ib._, s. 24).

Five days’ notice of the meeting of the council for the hearing of an

appeal under sec. 2 must be served on the person charged, embodying

a copy of the charges or a statement of the inquiry and the time and

place of meeting (_ib._, s. 25).

RIGHTS OF REGISTERED PERSONS.—Every person licensed or registered

under the act is entitled according to his qualifications to practise

medicine, surgery, and midwifery, or any of them, as the case may be,

and recover with costs his reasonable charges for professional aid,

advice, and visits, and the cost of medicines or medical and surgical

appliances rendered or supplied by him to his patient (_ib._, s. 26).

LIMITATIONS.—Twelve months is established as the period of limitations

for an action from negligence or malpractice against a person

registered (_ib._, s. 27).

EVIDENCE.—The registrar is required, under the direction of the

council, to print and publish once in two years a register of the

names of all persons registered, with the residence and medical title,

diploma, and qualification conferred by any college or body, with the

dates thereof, as existing on the day of the publication. A copy of

such register, for the time being, purporting to be so printed and

published, is _prima facie_ evidence that the persons specified are

registered. The absence of a name from such copy is _prima facie_

evidence that such person is not registered.

In case a name does not appear in the copy, a certified copy, under

the hand of the registrar of the council, of the entry of a name is

evidence that such person is registered (_ib._, s. 28).

FRAUDULENT REGISTRATION.—If a person be registered by false or

fraudulent representations the registrar may, on the receipt of

sufficient evidence thereof, report the matter to the council, and on

the order of the council erase his name from the register and make

known the fact and cause by a notice in the newspaper or newspapers on

Prince Edward Island (_ib._, s. 29 [1]).

OFFENCES AND PENALTIES.—Wilfully procuring or attempting to procure

registration by false or fraudulent representation is punishable with

a penalty not exceeding $50. Knowingly aiding and assisting therein is

punishable with a penalty of from $10 to $25 for each offence (_ib._,

s. 29 [2]).

Without registration or license, practising for hire or hope of reward

or advertising to give advice in medicine, surgery, or midwifery is

punishable with a penalty not exceeding $25 (_ib._, s. 30).

Wilfully or falsely pretending to be a physician, doctor of medicine,

surgeon, or general practitioner, or assuming a title, addition, or

description not actually possessed, or pretending to be recognized by

law as a physician, accoucheur, or a licentiate in medicine, surgery,

or midwifery, is punishable with a penalty not exceeding $25 (_ib._, s.

31).

UNREGISTERED PERSONS.—No person is entitled to recover a charge for

medical or surgical advice or attendance or for the performance of a

surgical operation unless registered, licensed, or otherwise authorized

under this act (_ib._, s. 32).

No person is to be appointed as a medical officer, physician, or

surgeon in any branch of the public service, or any hospital or other

charitable institution unless registered (_ib._, s. 33).

COSTS.—On prosecution, costs may be awarded and the offender may be

committed to a common jail in default of paying the penalty and costs,

for not exceeding one month (_ib._, s. 34).

APPEAL FROM CONVICTION.—A person appealing from conviction is required

to give satisfactory security for the penalty, costs of conviction, and

appeal before released from custody (_ib._, s. 35).

LIMITATION OF PROSECUTIONS.—Prosecutions are required to be commenced

within six months from the date of the offence (_ib._, s. 36).

PROSECUTOR.—Any person may be prosecutor or complainant (_ib._, s. 37).

APPEAL FROM REGISTRAR’S DECISION.—A person aggrieved by the decision

of the registrar may appeal to the council, and persons aggrieved

by the decision of the council may appeal to the supreme court of

the province, which decision shall be final. The act prescribes the

procedure on appeal (_ib._, s. 38, 39).

POWERS OF COUNCIL.—The council may make by-laws for carrying out the

act, to be approved by the lieutenant-governor in council, but nothing

shall prevent any registered medical practitioner from giving medical

treatment or advice to any person by reason of such person having

previously engaged the services of any other physician (_ib._, s. 40).

The council is authorized to make regulations regarding the holding of

examinations and the subjects of examinations (_ib._, s. 41)

EXCEPTIONS.—The act does not prevent any person from giving necessary

medical or surgical aid or attendance to any one in urgent need of

it provided it be not for hire or gain, nor the giving of it be made

a business or means of livelihood; nor does it prevent women from

practising midwifery, or any person from practising dentistry or

treating cases of cancer by external application, and charging for

such service and suing for and recovering reasonable charges; nor does

it prevent a druggist, apothecary, or storekeeper from suing for and

recovering the price of drugs or chemicals supplied or sold by him

(_ib._, s. 42).

The act does not prevent a person not holding a medical degree,

license, or diploma from a university or college from practising

medicine, surgery, or midwifery provided he was engaged in such

practice in the province for five years immediately before the passage

of the act, nor from recovering with costs his reasonable charges for

professional aid, advice, and visits and the cost of medicine or other

medical or surgical appliances rendered or supplied by him to his

patients (_ib._, s. 43).

APPEAL ON PROSECUTION.—Appeal from the decision on prosecution may be

taken to the supreme court (_ib._, s. 44).

Schedule A:

University of Pennsylvania, Philadelphia, Pa.

Jefferson Medical College, Philadelphia, Pa.

Bellevue Medical College, New York, N. Y.

University of New York, New York, N. Y.

College of Physicians and Surgeons, New York, N. Y.

Harvard University.

University of Michigan.

Schedule B specifies at length the requirements for the examination

mentioned in sec. 13.

FEES.—Persons registered under sec. 2 are not required to pay a fee.

For registration under secs. 11 and 12, not exceeding $20, to be fixed

by the society.

To the council, for a license under sec. 15, $5.

An annual fee is required to be paid by members of the society, not

more than $5 annually, as levied by the council (_ib._, s. 17).

For registration under sec. 19, such fees as the council may appoint.

QUEBEC.

COLLEGE OF PHYSICIANS, ETC.—All persons residing in the province

authorized to practise medicine, surgery, or midwifery therein, and

registered under this law, are constituted a corporation by the name of

“The College of Physicians and Surgeons of the Province of Quebec” (R.

S., 1888, art. 3,969).

The affairs of the college are conducted by a board of governors, forty

in number, chosen as provided in the act and known as the “Provincial

Medical Board” (_ib._, art. 3,972 to 3,975).

QUALIFICATION.—No person can lawfully practise medicine, surgery, or

midwifery unless he has obtained a license from the said board and

unless he be registered (_ib._, art. 3,976).

Every person who obtains a medical degree or diploma in any university

or college mentioned in art. 3,972 is entitled to such license without

examination as to his medical knowledge or skill, provided such diploma

has only been given after four years of medical study from the date

of admission to study and according to the requirements of the act;

provided, the said board has power to grant the same privileges to

holders of degrees or diplomas of medicine and surgery from other

British colonial or French universities or colleges (_ib._, art. 3,977).

The colleges referred to in art. 3,792 are: Laval University at Quebec,

Laval University at Montreal, University of McGill College, University

of Bishops College, The Incorporated School of Medicine and Surgery of

Montreal affiliated with the University of Victoria College or with any

other British university. The privilege above conferred on holders of

degrees or diplomas from British colleges and universities is extended

to every person whose name is entered upon the medical register under

the Imperial Medical Act of 1886 (49-50 Vict., c. 48) or of any act

amending the same (_ib._, art. 3,977 a, as added by Act 1889, c. 39).

The law prescribes the preliminary qualifications for admission to

study medicine, surgery, or midwifery to be ascertained by examination.

No one is entitled to the license of the college on presentation of

a diploma unless previously admitted to study in accordance with

these conditions, or unless he has passed an equivalent preliminary

examination before a college, school or board authorized by law to

require and cause such preliminary examinations to be passed in Her

British Majesty’s other possessions (_ib._, arts. 3,978, 3,979).

A candidate for a license to practise desiring to be registered,

and who has not obtained a degree or diploma in medicine from any

institution mentioned in art. 3,972 (_supra_) must, before being

entitled to such license and to register, pass an examination before

the board as to his knowledge and skill for the efficient practice

of medicine, surgery, and midwifery. Upon passing the examination

and proving to the satisfaction of the examiners that he has, in an

institution for the teaching of medicine in Her Majesty’s possessions,

complied with the rules and regulations made by the provincial board,

and on payment of such fees as the board may by general by-law

establish, such person shall be entitled to a license (_ib._, art.

3,980).

All persons coming from any recognized college outside of Her

Majesty’s possessions desirous of obtaining a license from the College

of Physicians and Surgeons of the province must previously pass a

preliminary examination before the examiners appointed by the board

or establish to the satisfaction of the board that they have already

passed equivalent examinations, and they must moreover follow in one

of the schools of medicine in the province a complete course (for six

months) of lectures, and such other course or courses as shall be

necessary to complete the curriculum required by the board. They may

pass their professional examination immediately after their preliminary

examination (_ib._, art. 3,981).

POWERS OF MEDICAL BOARD.—The board of governors of the College of

Physicians and Surgeons has among other powers the power to examine

all credentials and documents purporting to entitle the bearer to a

license to practise and all diplomas, degrees, or other qualifications

sought to be registered, and to require the bearer to attest on oath,

to be administered by the chairman, that he is the person whose name is

mentioned therein, and that he became legally possessed thereof; and to

and birth of every member of the profession practising in the province,

the date of his license and the place where he obtained it (_ib._, art.

3,982).

The provincial medical board, among other powers, has the power to

make regulations respecting the tariffs or rates to be charged in

towns and counties for medical, obstetrical, or surgical advice, or

for attendance or for the performance of any operation or for any

medicines prescribed or supplied. The tariff must be approved by the

lieutenant-governor in council, and can only come into force six months

after its publication once in the Quebec _Official Gazette_, and that

of the order in council approving the same. The tariff does not, in

case of suit, obviate the necessity of proof of giving the advice,

care, prescriptions, medicines, and other things therein mentioned

(_ib._, art. 3,983).

The said board has power to fix the fees for license and registration

(_ib._, art. 3,984).

QUALIFICATIONS OF CANDIDATE.—The qualifications of a candidate for a

license are:

1. That he holds a certificate of study from a licensed physician for

the period intervening between the courses of lectures which he has

followed.

2. That he has reached the age of twenty-one years.

3. That he has followed his studies during a period of not less than

four years, commencing from the date of his admission by the board to

study medicine.

4. That during said four years he attended at some university, college,

or incorporated school of medicine within Her Majesty’s possessions not

less than two six-months’ courses of general or descriptive anatomy,

of practical anatomy, of surgery, of the practice of medicine, of

midwifery, of chemistry, of materia medica and general therapeutics, of

the institutions of medicine or physiology and general pathology, of

clinical medicine, and of clinical surgery; one six-months’ course or

two three-months’ courses of medical jurisprudence, one three-months’

course of botany, one three-months’ course of hygiene, and a course

of not less than twenty-five demonstrations upon microscopic anatomy,

physiology, and pathology.

5. That he attended the general practice of a hospital in which are

contained not less than fifty beds under the charge of not less than

two physicians or surgeons, for not less than one and one-half years or

three periods of not less than six months each.

6. That he has attended six cases of labor and compounded medicines for

six months.

Each six-months’ course shall have consisted of one hundred and twenty

lectures except in the case of clinical medicine, clinical surgery, and

medical jurisprudence.

Of four years’ study required by this section, three six-months’

sessions, at least, must be passed in attending upon lectures at a

university, college, or incorporated school of medicine recognized by

the board.

The first of such courses must have been attended during the session

immediately succeeding the preliminary examination, and the last

during the fourth year of study, and the candidates must undergo an

examination on the final subjects of the curriculum at the end of the

session in the fourth year of study (_ib._, art. 3,985).

MEMBERS OF COLLEGE.—All persons obtaining a license to practise from

the College of Physicians and Surgeons of the province are members of

the college, but are not eligible for governors within four years from

the date of their admission as members (_ib._, art. 3,986).

WOMEN.—The provincial medical board has power to make regulations

respecting the admission of women to the study and practice of

midwifery. Women who were legally qualified on the 31st of October,

1879, to practise as midwives in the province, while required to

conform to the rules of said college, retain their right. Nothing in

the act or the regulations shall prevent women in the country from

practising midwifery or assisting at accouchements without being

admitted to the study or practice of midwifery; but they must obtain a

certificate from a duly licensed physician certifying that they have

the necessary knowledge (_ib._, art. 3,987).

registrar a register of persons duly licensed and registered, and

who have complied with the law and the regulations of the board, and

those persons only whose names are inscribed therein are deemed to be

qualified and licensed (_ib._, art. 3,988).

The registrar is required from time to time to make the necessary

alterations in the register (_ib._, art. 3,989).

EVIDENCE.—The registrar, under the direction of the board of

governors, causes to be printed, published, and distributed to the

members, from time to time, a copy, called _The Quebec Medical

Register_, of the register, containing names, surnames, residences,

medical titles, diplomas, and qualifications conferred by a college

or other medical body, with the dates of the same. A printed copy,

certified under the hand of the registrar as such, is _prima facie_

evidence that the persons named and entered have been registered in

accordance with this law. The absence of the name of any person from

such copy is _prima facie_ proof that such person has not been lawfully

registered; provided always in case a person’s name does not appear

on such printed copy, a copy or extract from the register certified

by the registrar of the college of the entry of such person’s name on

the register is proof that such person is duly registered (_ib._, art.

3,990).

A certificate under the hand of the registrar of the payment of the

annual contribution of members of the college is _prima facie_ evidence

that such payments have been made (_ib._, art. 3,991).

NEGLECT TO REGISTER.—A person entitled to register who neglects to

or to claim any of the rights and privileges conferred, and is liable

for all penalties imposed for practising without registration, saving

the right of certain members holding a license from the College of

Physicians and Surgeons of Lower Canada (_ib._, art. 3,992).

ESTABLISHED PRACTITIONER.—A person who has attended medical lectures

during three sessions of a medical school in the British possessions,

and who has actually been engaged in the practice of medicine for

over thirty years in the province, may, on proof of these facts to

the satisfaction of the provincial medical board, and producing a

certificate signed by two resident medical practitioners in the

neighborhood where he has practised that he has succeeded in his

profession, and is entitled to the consideration of the board, be

entitled to a license and to registration without an examination

(_ib._, art. 3,993).

UNREGISTERED PERSONS.—No person unless otherwise authorized is

entitled to recover any charge for medical or surgical advice, or

professional service, or for the performance of any operation, or for

any medicines prescribed or supplied, nor is he entitled to any of the

rights or privileges conferred, unless he has registered according

to law and paid his annual contribution to the college (_ib._, art.

3,994).

No certificate required from any physician or surgeon or medical

practitioner is valid unless the signer is registered (_ib._, art.

3,995).

PERSONS GUILTY OF FELONY.—Any registered member of the medical

profession convicted of felony forfeits his right to registration,

and the medical board causes his name to be erased from the register

(_ib._, art. 3,996).

If a person known to have been convicted of felony presents himself

for registration, the registrar is required to refuse him registration

(_ib._, art. 3,997).

OFFENCES AND PENALTIES.—A person not entitled to register convicted of

having practised in contravention of this law, for reward or the hope

of reward, is liable to a penalty of $50.

A like penalty is incurred by every person assuming the title of

doctor, physician, or surgeon, or any other name implying that he is

legally authorized to practise, if unable to establish the fact by

legal proof, and by every person who in an advertisement in a newspaper

or in a written or printed circular, or on business cards or on signs,

assumes a designation so as to lead the public to believe that he is

duly registered or qualified; and by every person who offers or gives

his services as a physician, surgeon, or accoucheur for gain or hope of

reward, if he be not duly authorized and registered.

BURDEN OF PROOF.—In every prosecution, proof of registration is

incumbent on the party prosecuted.

WITNESSES.—Members of the college are not incompetent witnesses by

reason of their membership.

COSTS.—The court imposing a penalty adds costs, and, in default of

payment within a delay which it fixes, condemns the defendant to

imprisonment in a common jail of the district for sixty days (_ib._,

art. 3,998).

EVIDENCE.—In cases where proof of registration is required, the

production of a printed or other copy or extract from the register,

certified under the hand of the registrar of the college, is sufficient

evidence that all persons named therein are registered practitioners

and any certificate upon such proof, or other copy of the register or

extract from such register, purporting to be signed by any person in

his capacity of registrar of the college, is _prima facie_ evidence

that such person is registrar without proof of the signature or of his

being in fact such registrar (_ib._, art. 3,999).

HOMŒOPATHISTS.—The rights of homœopathists are not affected by the

foregoing sections (_ib._, art. 4,002).

The homœopathic physicians and surgeons of the province form a

corporation under the name of the Montreal Homœopathic Association

(_ib._, art. 4,003).

The corporation has power to appoint three medical graduates of a

British or provincial university or medical licentiates of a British

or provincial college or board legally incorporated to be a board of

examiners, to examine all persons who may desire to obtain a license to

practise homœopathic medicine (_ib._, art. 4,008).

A person desiring to be examined touching his qualifications to

practise according to the doctrines and teaching of homœopathy shall

give notice in writing of at least one month to the secretary or

treasurer of the association, and show that he is not less than

twenty-one years of age; has followed medical studies for not

less than four years under the care of one or more duly qualified

medical practitioners; has attended at some recognized university or

incorporated school of medicine not less than two six-months’ courses

of anatomy, physiology, surgery, theory and practice of medicine,

midwifery, chemistry, materia medica, and therapeutics respectively,

and not less than one six-months’ course of clinical medicine and

medical jurisprudence respectively, or their equivalents in time;

and shall have complied with the regulations of such university or

incorporated school of medicine with regard to such courses, and

shall have followed such other course or courses as may hereafter be

considered by the board of examiners requisite for the advancement of a

medical education.

All such persons shall, at a regularly appointed time and place, be

examined on all the aforesaid branches by the board of examiners

(_ib._, art. 4,009).

If the board be satisfied by examination that a person is duly

qualified to practise either or all of said branches of medicine, as

taught and practised by homœopathists, they shall certify the same

under the hands and seals of two or all of such board.

The lieutenant-governor, on receipt of such certificate, may, if

satisfied of the loyalty, integrity, and good morals of the applicant,

grant to him a license to practise medicine, surgery, and midwifery, or

either of them, conformably to the certificate, and all such licensees

are entitled to all the privileges enjoyed by licentiates of medicine

(_ib._, art. 4,010).

The corporation appoints a secretary who keeps a register of names of

all persons duly licensed to practise medicine, surgery, and midwifery,

or either of them, according to the doctrines and teachings of

homœopathy.

Only those whose names are inscribed in said register are qualified

and licensed to practise according to the doctrines and teachings of

homœopathy (_ib._, art. 4,015).

The said secretary is required to make the necessary alterations in

the addresses or qualifications of the persons registered (_ib._, art.

4,016).

OFFENCES AND PENALTIES.—A person practising according to the

homœopathic doctrines for reward in contravention of this act, or

assuming a title implying that a person is legally authorized to

practise according to homœopathic doctrines, if unable legally to

establish such authorization; or by advertisement published in a

newspaper or in a written or printed circular, or on business cards or

signs, assuming a designation to lead the public to believe that he is

duly registered and qualified to practise according to the doctrines of

homœopathy; or offering or giving his services as physician, surgeon,

or accoucheur for gain or hope of reward, if not duly authorized or

registered, is punishable with a penalty of $50.

BURDEN OF PROOF.—In every prosecution, the proof of registration is

incumbent on the party prosecuted.

COSTS.—The court may condemn the defendant to pay $50 in addition to

costs within a delay which it determines, and to imprisonment of sixty

days in a common jail of the district on default of payment within the

delay (_ib._, art. 4,017).

WITNESSES.—A member of the corporation is not an incompetent witness

on account of his membership (_ib._, art. 4,018).

FEES.—The provincial board of medical examiners may establish

examination fees (_ib._, art. 3,981).

Members of the College of Physicians and Surgeons of the Province of

Quebec are required to pay an annual fee of $2 (_ib._, art. 3,986).

FORENSIC MEDICINE.

THANATOLOGICAL.

THE

LEGAL STATUS OF THE DEAD BODY;

THE DISPOSAL AND OBLIGATION TO DISPOSE OF THE SAME; HOW

AND BY WHOM IT MAY BE EXHUMED OR REMOVED;

AUTOPSIES, BY WHOM ORDERED; THE RIGHTS

OF RELATIVES AND ACCUSED PERSONS.

INCLUDING

AN APPENDIX CONTAINING A SYNOPSIS OF THE STATUTES OF THE

DIFFERENT UNITED STATES AND TERRITORIES

CONCERNING SAME.

TRACY C. BECKER, A.B., LL.B., ETC.,

_Counsellor at Law, etc.; Professor of Civil Law and Medical

Jurisprudence, Law Department, University of Buffalo._

LEGAL STATUS OF THE DEAD BODY.

=Disposal and Obligations to Dispose of the Same.=—There is no right

of property, in the ordinary sense of the word, in a dead human body;

but for the health and protection of society it is a rule of the common

law, and which has been confirmed by statutes in civilized states

and countries, that public duties are imposed upon public officers,

and private duties upon the husband or wife and the next of kin of

the deceased, to protect the body from violation and see that it is

properly interred, and to protect it after it is interred. A parent is

bound to provide Christian burial for a deceased child, if he has the

means, but if he has not the means, though the body remains unburied

so long as to become a nuisance, he is not indictable for the nuisance

although he could obtain money for the burial expenses by borrowing it

of the poor-law authorities of the parish, for he is not bound to incur

a debt. (Reg. _v._ Vann, 2 Div. C. C., 325; 15 Jur., 1,090.) On the

other hand it has been held in England, that every householder in whose

house a dead body lies is bound by the common law, if he has the means

to do so, to inter the body decently, and this principle applies where

a person dies in the house of a parish or a union. (Reg. _v._ Stewart,

12 A. & D., 1,272.) And the expense may be paid out of the effects of

the deceased. (Tugwell _v._ Hayman, 3 Camp., 298, and note.)

In Pierce _v._ The Proprietors Swan Point Cemetery, 10 R. I., 227,

s. c., 14 Am. Rep., 667, the Court said: “That there is no right

of property in a dead body, using this word in its ordinary sense,

may be well admitted, yet the burial of the dead is a subject which

interests the feelings of mankind to a much greater degree than many

matters of actual property. There is a duty imposed by the universal

feelings of mankind to be discharged by some one toward the dead; a

duty, and we may also say a right, to protect from violation; it may,

therefore, be considered as a sort of _quasi_ property, and it would

be discreditable to any system of law not to provide a remedy in such

a case; ... but the person having charge of it cannot be considered as

the owner of it in any sense whatever, he holds it only as a sacred

trust for the benefit of all who may from family or friendship have

an interest in it.” See also Wyncoop _v._ Wyncoop, 42 Pa. St., 293; 4

Albany Law Jour., 56; Snyder _v._ Snyder, 60 How. Prac., 368; Weld _v._

Walker, 130 Mass., 422; Guthrie _v._ Weaver, 1 Mo. Apps., 136; Johnson

_v._ Marinus, 18 Abb. N. C., 72, and note.[493]

The law casts the duty of burial of the wife upon the husband, and

of the husband upon the wife. In Secord _v._ Secord (cited in note 1

above), the Court said: “There are cogent reasons connected with public

policy and the peace of families, where in the absence of testamentary

disposition the possession of a corpse and the right to determine its

burial should follow the administration of the estate.” Inasmuch as

the husband has the first right to administer upon the estate of the

wife, and the wife upon the estate of the husband, the law imposes the

correlative duty of burial upon the person having such right; and so

it has been held that the husband is liable for the necessary expense

of the decent interment of his wife from whom he has been separated,

whether the party incurring the expense is an undertaker or mere

volunteer.[494]

Where the deceased leaves a will appointing executors, the executors

have a right to the possession of the body, and the duty of burial

is imposed upon them, but it has been doubted whether at common law

a direction by will concerning the disposal of the body could be

enforced, and therefore the right to make such direction has been

conferred by statute in several States.[495]

And where a widow ordered a funeral of her husband, it was held that

she was liable for the expense, although she was an infant at the time,

the Court holding that the expense fell under the head of necessaries,

for which infants’ estates are liable.[496]

If there be no husband or wife of the deceased, the nearest of kin

in the order of right to administration is charged with the duty of

burial.[497]

Such acts as casting a dead human body into a river without the rites

of sepulture (Kanavans Case, 1 Me., 226); stealing a corpse (2 East,

PC., 652) or stealing for dissection a dead body of one executed when

the death sentence did not direct dissection (Rex _v._ Cundick, D. &

R., n. p., 13), were indictable offences at common law.[498]

In the works of the early dramatists, and by some writers of fiction,

it has been stated, or implied, that the body of a deceased person

could be seized and detained to compel the payment of his debts. This

was never the law. In Jones _v._ Ashburnham, 4 East, 460, it was held

that to seize a dead body on pretence of arresting for debt would be

_contra bonos mores_, and an extortion on the relatives, and that case

distinctly overrules any authority to be derived from the case of Quick

_v._ Coppleton, 1 Vent., 161, to the effect that forbearance to seize

or hold a body upon such a pretence would afford any consideration for

a promise to pay a debt. So, also, where a jailer refused to give up

a body of a person who had died while a prisoner in execution in his

custody, to the executors of the deceased, unless they would satisfy

certain claims against the deceased due the jailer, the Court issued

a peremptory mandamus in the first instance, commanding that the body

should be delivered up to the executors (Rex _v._ Fox, 2 Q. B., 247).

And in R. _v._ Scott, 2 Q. B., 248, it was said, that a jailer who

should attempt to do so would be guilty of misconduct in his public

character, for which he would be liable to prosecution.[499]

_How and by Whom the Dead Human Body may be Removed or Exhumed._—Where

the right of burial has been exercised, and the body interred in

its final resting-place, no person has any right to interfere

with it without the consent of the owner of the grave, or of the

properly constituted public authorities. In Foster _v._ Dodd, 8 D.

& E., 842-854, it was held, that a dead body belongs to no one, and

is, therefore, under the protection of the public. If it lies in

consecrated ground, ecclesiastical authorities will interpose for

its protection; but whether in ground consecrated or unconsecrated,

indignities offered to the remains or the act of indecently

disinterring them, are the ground of an indictment.[500]

Even the purchaser of land upon which is located a burial-ground may

be enjoined from removing bodies therefrom, if he attempts to do so

against the wishes of the relatives or next of kin of the deceased.

Every interment is a concession of the privilege which cannot afterward

be repudiated, and the purchaser’s title to the ground is fettered with

the right of burial.[501]

On the other hand, the right of the municipal or state authorities,

with the consent of the owner of the burial lot or in the execution of

the right of eminent domain, to remove dead bodies from cemeteries is

well settled.[502]

After the right of burial has once been exercised by the person charged

with the duty of burial, or where such person has consented to the

burial by another person, no right to the corpse remains except to

protect it from unlawful interference.[503]

On the other hand, where a husband did not freely consent to the burial

of his wife in a lot owned by another person, it was held that a court

of equity might permit him, after such burial, to remove her body,

coffin, and tombstones to his own lot, and restrain any person from

interfering with such removal.[504]

In Rhodes _v._ Brandt, 21 Hun, N. Y., 1, the defendant brought an

action against one Beelard to recover for services rendered by him, as

a physician, in treating a child of Beelard’s for a fracture of the

thigh-bone, in which action Beelard set up malpractice on the part of

the defendant as a defence. During the pendency of the action the child

died and was buried. Subsequently Beelard, the father, acting under the

advice of his counsel, directed and allowed the plaintiff, a physician,

to cause the body of the child to be exhumed, and a portion of the

thigh-bone to be removed, in order that it might be used in evidence on

the trial of the question of malpractice. After the bone was removed,

the body was returned to the grave. The defendant thereupon caused the

plaintiff to be arrested for unlawfully removing the body from the

grave contrary to the provisions of the statute, and the plaintiff

sued the defendant for malicious prosecution. The Court held that the

plaintiff had not removed the body from the grave “for the purpose of

dissection or from mere wantonness,” as these terms were used in the

statute (3 R. S., 6th ed., 965), for violation of which he had been

arrested, nor had he committed any offence against public decency or

the spirit of the statute.[505]

_Autopsies, by Whom Ordered; the Rights of Relatives and Accused

Persons._—As shown in a previous article in this volume, on the Powers

and Duties of Coroners and Medical Examiners, in cases of sudden or

suspicious death, it has been the law for nearly a thousand years

that an inquisition or inquest _super visum corporis_ must be held by

an officer known as a coroner, and that this office and its powers and

duties were inherited by this country as part of the English common-law

system in force at the time of the formation of the republic of the

United States. When a body has been buried, and the coroner believes

that an inquest is necessary, he has power to disinter the body and

hold an inquest, and he may direct a post-mortem examination to be

made, but after having done so he must cause the body to be reinterred.

It is now well settled that in holding such an inquest, and making such

an autopsy or post-mortem examination required by his official duty,

the coroner has authority to employ, and it is his duty to employ,

professional skill and aid, and his contract will bind the county to

pay a reasonable compensation for the same.[506]

As will be seen below from a synopsis of the statutes relating to

this matter, many of the States have enacted statutes defining and

prescribing the duties of the coroner and other public officers in such

cases. At an early period in England (see 2 and 3 Will. IV., chap. 75,

sec. 7) it was enacted by the English Parliament that any executor

or other person having lawful possession of the body of a deceased

person, and not being an undertaker or other party entrusted with the

body for the purpose only of interment, might lawfully permit the body

of such deceased person to undergo an anatomical examination, unless

to the knowledge of such executor or other party such person should

have expressed his desire during his life in writing, or verbally in

the presence of two or more witnesses during his illness whereof he

died, that his body after death might not undergo such examination, or

unless the surviving husband or wife or known relative of the deceased

shall require the body to be interred without such examination. By

another section of this statute (sec. 10), professors of anatomy and

other persons duly licensed were declared not liable to punishment for

having in their possession human bodies when having such possession

according to the provisions of the act.

Section 308 of the New York Penal Code, subdivision 3, as amended

by chapter 500, Laws 1889, enacts that whenever and so far as the

husband, wife, or next of kin of the deceased, being charged by law

with the duty of burial, may authorize dissection for the purpose

of ascertaining the cause of death and no further, the right exists

to dissect the dead human body. The same statute also provides that

whenever any district attorney of that State, in the discharge of

his official duties, shall deem it necessary, he may exhume, take

possession of, and remove the body of a deceased person, or any

portion thereof, and submit the same to a proper physical or chemical

examination or analysis, to ascertain the cause of death, which

examination or analysis will be made on the order of a justice of the

Supreme Court of the State, or the county judge of the county in which

the dead bodies shall be, granted on the application of the district

attorney, with or without notice to the relatives of the deceased

person, or to any person or corporation having the legal charge of

such body, as the court may direct. The district attorney shall also

have power to direct the sheriff, constable, or other peace officer,

and employ such person or persons as he may deem necessary to assist

him, in exhuming, removing, obtaining possession of, and examining

physically or chemically such dead body, or any portion thereof; the

expense thereof to be a county charge paid by the county treasurer on

the certificate of the district attorney.

The matter of ordering autopsies and dissections of dead bodies, or

exhuming the same for that purpose or other purposes, is a matter of so

much public importance that it has been regulated in nearly all of the

United States by statutory enactments, which together with the other

statutes relating to the subject-matter of this article are hereunto

appended.

The author of this article is greatly indebted for assistance in

preparing the same, and in compiling these statutes, to Mr. Amasa J.

Parker, Jr., of the Albany, N.Y., bar.

APPENDIX.

_Statutory Regulations Concerning Dead Bodies._

The coroner has power to hold inquest and direct autopsy,

Ala., Code, sec. 4,801 _et seq._

Ariz., Pen. Code, sec. 2,309 _et seq._

Ark., R. S., sec. 692.

Cal., Pen. Code; sec. 1,510.

Col., Mill’s Stat., sec. 870.

Conn., Gen. Stat., secs. 2,005, 2,008.

Del., R. S., ch. 33.

Fla., R. S., secs. 3,011, 3,019.

Ga., Code, secs. 590, 591, 4,101 _et seq._

Idaho, R. S., sec. 8,377.

Ill., S. & C. Am. Stat., v. 1, 606.

Ind., R. S., secs. 5,878, 5,879.

Iowa, McCl. Am. Code, sec. 487.

Kan., Gen. Stat., secs. 1,780, 1,784.

Ky., Gen. Stat., ch. 25, secs. 3, 11.

La., Voorh. Rev. L., sec. 653.

Me., R. S., ch. 139, sec. 1.

Md., Code, art. 22, secs. 3, 4.

Minn., Gen. Stat., sec. 1,011 _et seq._

Miss., Am. Code, sec. 816.

Mo., R. L., sec. 2,438 _et seq._

Mont., Crim. L., secs. 869, 883.

Neb., Consol. Stat., sec. 3,144.

N. H., Pub. Stat., ch. 262, sec. 1 _et seq._

N. J., Rev. Stat., p. 170 _et seq._

N. C., Code, sec. 657.

N. Dak., Comp. Laws, sec. 664 _et seq._

Ohio, R. L., sec. 1,221 _et seq._

Oklahoma, Stat., sec. 1,745 _et seq._

Ore., Crim. Code, sec. 453 _et seq._

Pa., Bright Pen. Digest, 1536, sec. 37.

R. I., Pub. Laws, 1884, ch. 420, sec. 17.

S. C., R. S., secs. 711, 2,664 _et seq._

Tenn., Code, sec. 6,139 _et seq._

Va., Code, sec. 2,928 _et seq._

Wash., Hill’s Am. Stat., v. 1, sec. 245 _et seq._

W. Va., Code, ch. 154.

Wis., S. & B. Am. Stat., ch. 200.

Wyo., R. S., sec. 1,879 _et seq._

Medical examiner shall hold inquest and direct autopsy.

Mass., Pub. Stat., ch. 26, secs. 10, 11.

R. I., Pub. Laws, 1884, ch. 420.

Justice of the peace shall hold inquest and direct autopsy.

Mich., How. Am. Stat., v. 2, sec. 9,583 _et seq._

Nev., Gen. Stat., sec. 225 _et seq._

N. M., Comp. L., sec. 443 _et seq._

Texas, Code Crim. P., art. 988 _et seq._

Vt., Rev. L., sec. 3,934 _et seq._

Wis., S. & B. Am. Stat., ch. 200.

And may order a body to be disinterred for the purpose of holding such

inquisition.

Ark., R. L., sec. 718.

Cal., Pen. Code, sec. 1,510.

Del., R. L., ch. 33.

Ga., Code, secs. 590, 591, 410 _et seq._

Idaho, R. L., sec. 8,377.

S. C., R. S., sec. 2,687.

Texas, Code Crim. P., art. 989.

And when not claimed by friends and relatives, to bury the body

decently, and when the property of deceased is not sufficient to defray

expenses, this may be done at public expense.

Cal., Pen. Code, sec. 3,094.

Col., Mill’s Stat., sec. 882.

Conn., Gen. Stat., sec. 2,015.

Idaho, R. L., sec. 2,081.

Ill., S. & C. Am. Stat., v. 1, 606.

Iowa, McCl. Am. Code, sec. 501.

Kan., Gen. Stat., sec. 1,792.

Ky., Gen. Stat., ch. 25, sec. 6.

La., Voorh. Rev. L., sec. 660.

Me., R. S., ch. 139, sec. 11.

Md., Code, art. 22, sec. 7.

Mass., Laws, 1887, ch. 310.

Mich., How. Am. Stat., v. 3, sec. 9,593.

Minn., Gen. Stat., sec. 1,021.

Miss., Am. Code, secs. 3,145, 3,146.

Mo., R. L., sec. 2,456.

Mont., Gen. Laws, sec. 881.

Neb., Consol. Stat., sec. 3,144.

Nev., Gen. Stat., sec. 2,269.

N. H., Pub. Stat., ch. 262, sec. 16.

N. J., Rev. Stat., p. 170, sec. 5.

N. M., Comp. Laws, sec. 447.

N. Dak., Comp. Laws, sec. 676.

Ohio, R. L., sec. 1,227.

Oklahoma, Stat., sec. 1,759.

Ore., Crim. Code, sec. 462.

R. I., Pub. Laws, 1884, ch. 420, sec. 24.

Tenn., Code, sec. 6,150.

Va., Code, sec. 3,946.

Wash., Hill’s Am. Stat., v. 1, sec. 257.

W. Va., Code, ch. 154, sec. 8.

Wis., S. & B. Am. Stat., ch. 200.

Wyo., R. S., sec. 1,886.

Removal or disinterment of a dead body without authority of law or

consent of relatives, for the purpose of selling such body or for

dissection or for mere wantonness, is—

(_a_) A felony.

Cal., Pen. Code, sec. 290.

Ga., Laws, 1882, v. 2, p. 87.

Ill., S. & C. Am. Stat., v. 1, p. 794.

Ind., R. S., sec. 2,166.

Mo., R. S., secs. 3,842, 3,845.

Mont., Laws, 1889, p. 114.

N. C., Laws, 1885, ch. 90.

(_b_) A misdemeanor.

Ark., R. S., secs. 1,902, 1,903.

Del., Laws, 1883, ch. 234.

Kan., Gen. Stat., sec. 2,372 _et seq._

Md., Code, art. 27, secs. 133, 134.

Pa., Bright Pen. Digest, 229, sec. 11.

Tenn., Code, secs. 5,659, 5,660.

(_c_) Is punishable by various sentences.

Ala., Code, secs. 4,023, 4,028.

Ariz., Pen. Code, sec. 491.

Col., Mill’s Stat., sec. 1,367.

Conn., Gen. Stat., sec. 1,880.

Fla., R. L., sec. 2,625.

Iowa, McCl. Am. Code, sec. 5,328.

Ky., Gen. Stat., ch. 29, art. 17, sec. 16.

Me., R. S., ch. 124, sec. 27.

Mass., Pub. Stat., ch. 207, secs. 47, 48.

Mich., How. Stat., v. 2, sec. 9,297.

Miss., Am. Code, secs. 1,023, 1,024.

Neb., Consol. Stat., sec. 5,847.

N. H., Pub. Stat., ch. 266, sec. 7.

N Dak., Comp. Laws, sec. 6,559.

Ohio, R. L., sec. 7,034.

Oklahoma, Stat., sec. 2,198.

Ore., Crim. Code, sec. 656.

Texas, Pen. Code, art. 345.

Vt., Rev. L., secs. 4,194, 4,196.

Va., Code, sec. 208.

W. Va., Code, ch. 149, sec. 13.

Wis., S. & B. Am. Stat., sec. 4,592.

Wyo., R. L., sec. 1,029.

(_d_) A high misdemeanor.

N. J., Rev. Stat., p. 249, sec. 122.

Bodies of criminals executed under sentence, and those dying in jail,

poor-house, etc., when to be delivered over for dissection.

Ark., R. S., sec. 2,552.

Cal., Pen. Code, sec. 3,094.

Col., Mill’s Stat., secs. 1,547, 1,548, 1,204.

Conn., Gen. Stat., secs. 1,729, 1,732.

Ga., Laws, 1887, v. 2, p. 87.

Ill., S. & C. Am. Stat., v. 1, 869.

Ill., Crim. Code, sec. 503.

Ill., S. & C. Am. Stat., v. 3, p. 867.

Ind., R. L., sec. 4,258 _et seq._

Iowa, McCl. Am Code, sec. 5,329.

Kan., Gen. Stat., sec. 3,758.

Me., R. S., ch. 13, sec. 2.

Me., Laws, 1893, ch. 254.

Mass., Laws, 1891, ch. 185.

Mass., Pub. Stat., ch. 202, sec. 8.

Mich., How. Stat., v. 3, sec. 2,284.

Minn., Gen. Stat., sec. 678.

Mo., R. S., sec. 6,883.

Neb., Consol. Stat., secs. 3,299, 3,301, 5,848.

N. H., Pub. Stat., ch. 136.

N. J., Rev. Stat., p. 239, sec. 69.

N. C., Laws, 1891, ch. 129.

N. Dak., Laws, 1890, ch. 92.

Ohio, R. S., sec. 3,763.

Ore., Hill’s Am. Laws, sec. 3,730 _et seq._

Pa., Bright Pen. Dig., p. 94, sec. 1 _et seq._

Vt., Laws, 1884, ch. 85.

Va., Code, ch. 80.

Wash., Hill’s Am. Stat., v. 1, sec. 2,428 _et seq._

Wash., S. & B. Am. Stat., sec. 1,437.

Duty of burial, etc.

Ariz., Pen. Code, sec. 493.

Cal., Pen. Code, sec. 292.

Minn., Gen. Stat., sec. 6,221.

N. Dak., Comp. Laws, secs. 6,550, 6,556.

Oklahoma, Stat., sec. 2,189.

Concealing birth of child which, if born alive, would be a bastard, is

punishable.

Col., Mill’s Stat., sec. 1,195.

Fla., R. L., sec. 2,393.

Mass., Pub. Stat., ch. 207, sec. 11.

Mich., How. Am. Stat., sec. 9,284.

Mont., Crim. L., sec. 41.

Neb., Consol. Stat., sec. 5,582.

Nev., Gen. Stat., sec. 4,597.

N. H., Pub. Stat., ch. 278, sec. 14.

N. Dak., Comp. L., sec. 6,947.

Oklahoma, Stat., sec. 2,179.

Ore., Crim. Code, sec. 649.

Pa., Bright Pen. Digest, 431, sec. 158.

R. I., Pub. Stat., ch. 244, sec. 8.

Wis., S. & B. Am. Stat., sec. 4,585.

Is a misdemeanor.

Minn., Gen. Stat., sec. 6,210.

N. J., Rev. Stat., p. 241, sec. 83.

Is a felony.

Mo., R. S., sec. 3,479 (whether born dead or alive)

ALABAMA.

Removal of body wantonly for dissection or sale, purchase of a

body unlawfully disinterred, violating grave with intent to steal

body, etc., or wantonly mutilating body, is punishable by fine or

imprisonment (Code, secs. 4,023, 4,028).

Coroner, or in his absence justice of the peace, to hold inquest and

direct examination of body by surgeon, etc. (Code, sec. 4,801 _et

seq._).

ARIZONA.

Mutilation, etc., of dead body is a felony (Pen. Code, sec. 491).

Removal of a part of body unlawfully is punishable (Pen. Code, sec.

492).

Duty of burying body is, if a married woman, on husband; if not

a married woman, on nearest of kin who is an adult possessed of

sufficient means. If deceased has no relatives, on coroner holding

inquest or overseers, etc., of poor (Pen. Code, sec. 493).

Refusal of one on whom duty of burial is imposed by law, is punishable

(Pen. Code, sec. 494).

Arrest or attachment of a dead body is a misdemeanor (Pen. Code, sec.

496 _et seq._).

Coroner to hold inquest and direct autopsy (Pen. Code, sec. 2,309 _et

seq._).

Person whose duty it is to bury is entitled to custody except where

coroner holds it until inquest is completed (Pen. Code, sec. 495).

ARKANSAS.

Bodies of persons dying in alms-house, prison, house of correction, or

jail shall be surrendered to a physician for dissection, etc., unless

the deceased request to be buried or the body is claimed by relatives,

or unless deceased died suddenly and unknown; and after such use for

dissection it shall be decently buried (R. S., sec. 2,552).

Removal of dead body for the purpose of dissection, or stealing, or

from wantonness, or receiving same knowing it to have been unlawfully

disinterred, is a misdemeanor (R. S., secs. 1,902, 1,903).

Dead body can be transported out of county in which death occurred on

permit of State board of health (R. S., sec. 480).

Coroner to hold inquest and direct autopsy, etc. (R. S., sec. 692).

And may order a body to be disinterred for inquisition (R. S., sec.

718).

CALIFORNIA.

Removal, mutilation, or disinterment of dead body without authority of

law is a felony (Pen. Code, sec. 290).

Removal of part of body for sale, dissection maliciously or wantonly is

punishable (Pen. Code, sec. 291).

_Duty of Burial._—Of married woman, on husband; not a married woman,

nearest of kin who is an adult with sufficient means; where no

relatives, on coroner who held the inquest or overseers, etc., of poor

(Pen. Code, sec. 292).

Refusal to bury by person on whom duty rests by law to bury, is a

misdemeanor and he is liable for treble the expenses (Pen. Code, sec.

293).

Custody of body is on him on whom duty to bury is imposed by law,

except where coroner detains remains for inquest (Pen. Code, sec. 294).

Arrest or attachment of dead body for any debt or demand is a

misdemeanor (Pen. Code, sec. 295).

One who disinters or exhumes a body without permit of board of health,

health officer, or mayor, or transports such exhumed remains through

streets of town, city, etc., except in a sealed coffin, guilty of a

misdemeanor (Laws, 1878, ch. 673).

A sheriff, coroner, or keeper of county poor-house, public hospital,

county jail, or State prison, etc., must surrender bodies of those who

are to be buried at public expense, to any physician or surgeon for

dissection, etc., unless deceased during his last sickness requested

to be buried or body is claimed by relatives, etc., or deceased was a

stranger or traveller, died suddenly (Pen. Code, sec. 3,094).

Coroner to bury body when no other person takes charge of same (Pen.

Code, sec. 4,286).

Coroner to hold inquest, direct autopsy, and may exhume (Pen. Code,

see. 1,510).

COLORADO.

Concealment of death of issue which, if born alive, would be a bastard,

is punishable (Mill’s Stat., sec. 1,195).

Body of criminal executed for capital offence shall be delivered to

a physician or surgeon unless claimed by relative or friend (Mill’s

Stat., sec. 1,204).

Board of health, mayor, etc., or officer, etc., having control of any

alms-house, prison, hospital, jail, etc., shall surrender bodies to be

buried at public expense to any physician or surgeon for dissection,

etc., unless deceased during last illness requested to be buried, or

body is claimed by relatives or friends, or deceased was a stranger or

traveller who died unknown (Mill’s Stat., secs. 1,547, 1,548).

Non-resident poor person to be decently buried (Mill’s Stat., sec.

3,391).

Coroner to hold inquest, etc., or, if none, bury it decently at expense

of county (Mill’s Stat., secs. 870-882).

Removal of body unlawfully for sale, dissection, etc., punishable

(Mill’s Stat., sec. 1,367).

Board of health may direct removal of dead bodies from cemetery within

a city (Laws, 1893, ch. 113, sec. 54).

CONNECTICUT.

No body shall be buried or disinterred or removed beyond limits of

any town unless a permit is obtained, and where deceased died of an

infectious disease body shall be in a hermetically sealed case (Gen.

Stat., secs. 106, 108, 113).

Custody of remains is in husband or wife or next of kin (Gen. Stat.,

sec. 536).

Coroner to hold inquest, etc. (Gen. Stat., secs. 2,005, 2,008). And

deliver body to friends or, if none, to town authorities for burial

(Gen. Stat., sec. 2,015).

Mayor, etc., may deliver bodies of those not buried within twenty-four

hours after death to medical college for dissection, etc., unless

relatives or friends do not consent, or deceased requested to be

buried, or was a stranger or traveller (Gen. Stat., sec. 1,729).

Bodies of convicts dying in State prison and not having any known

relatives, shall be delivered to medical institution of Yale College

(Gen. Stat., sec. 1,732).

Body of one dying in a hospital shall not be examined unless father,

etc., consent, or if none, within forty-eight hours after death (Gen.

Stat., sec. 1,735).

Removal of body from grave unlawfully, or receiving, secreting, or

dissecting same, is punishable (Gen. Stat., 1880).

Body of executed criminal shall be buried by sheriff (Gen. Stat., sec.

1,640).

DELAWARE.

Coroner to hold inquest, etc., or may cause body to be disinterred (R.

L., ch. 33).

Removal of body from grave unlawfully, a misdemeanor (Laws, 1883, ch.

204).

FLORIDA.

Buying, selling, or having possession for purpose of buying or selling,

a dead body is punishable (R. L., sec. 2,625).

Concealing birth of issue which, if born alive, would be a bastard, is

punishable (R. L., sec. 2,393).

Coroner to hold inquest, etc. (R. L., secs. 3,011, 3,019).

GEORGIA.

Coroner to hold inquest or to disinter same for inquisition (Code,

secs. 590, 591, 410 _et seq._).

Public officers and their assistants, and their deputies of every

county, city, town, or other municipality, or of every prison, chain

gang, penitentiary, county morgue, public hospital, having control

of dead body to be buried at public expense (not dying of infectious

disease) shall deliver same to medical college for dissection, etc.,

unless claimed by friends or relatives or such friends or relatives

request same to be buried, or unless deceased was a stranger or

traveller (Laws, 1887, vol. 2, p. 77).

Removal of body from grave, etc., unlawfully for dissection or sale is

felony, or receiving or purchasing it knowing it to have been so taken,

or trafficking in dead bodies, or having them conveyed without the

State for sale, etc., is a felony (Laws, 1882, vol. 2, p. 87).

IDAHO.

Coroner to hold inquest, etc., and may exhume it for that purpose (R.

L., sec. 8,377).

Coroner to bury body decently when not claimed by relatives, etc., and

if necessary, at expense of county (R. L., sec. 2,081).

ILLINOIS.

Removal of body unlawfully or aiding in such removal is punishable as a

felony—one to ten years (S. & C. Am. Stat., vol. 1, p. 794).

Coroner to hold inquest, etc. (S. & C. Am. Stat., vol. 1, p. 606).

And to deliver body to friends or bury decently if no friends claim it,

if necessary at county expense (S. & C. Am. Stat., vol. 1, p. 606).

Body of executed criminals may be delivered to any physician or surgeon

for dissection unless friends object (S. & C. Am. Stat., vol. 1, p.

869; Crim. Code, sec. 503).

In cities and counties where population exceeds one hundred thousand,

superintendents of penitentiaries, wardens of poor-houses, coroner,

city undertaker, having body required to be buried at public expense,

may deliver remains to medical college or any physician or surgeon for

dissection, unless claimed by relatives (S. & C. Am. Stat., vol. 3, p.

867).

INDIANA.

Removal of dead body or part of same unlawfully is a felony (R. L.,

sec. 2,165).

Concealment of body or part thereof, which has been unlawfully used for

dissection, is a felony (R. L., sec. 2,167).

Receiving or buying a body knowing it to have been unlawfully

disinterred is a felony (R. L., sec. 2,168).

Dead body of one dying in a State, city, or county prison or jail,

or county asylum or infirmary or public hospital, or dead body of an

executed criminal, or dead body of a vagrant, or one killed while

committing a felony or escaping from prison or officers, may be

delivered to the faculty of a medical college in State for dissection,

etc., unless deceased requested to be buried or body is claimed by next

of kin (R. L., sec. 4,258 _et seq._).

Dissecting or possessing body for dissection except as prescribed by

law is a felony (R. L., sec. 4,271).

Coroner to hold inquest, etc. (R. L, secs., 5,878, 5,879).

IOWA.

Coroner to hold inquest, etc. (McCl. Am. Code, sec. 487).

To bury body decently at expense of county, if necessary, or deliver it

to relatives (McCl. Am. Code, sec. 501).

Removal, etc., of dead body unlawfully, or aiding such removal or

knowingly receiving body so removed, etc., is punishable (McCl. Am.

Code, sec. 5,328).

Coroner, undertaker, superintendent of public asylum, hospital,

poor-house, or penitentiary, may deliver body to medical college or

physician for dissection, etc., unless relatives, etc., refuse or

deceased desired to be buried (McCl. Am. Code, sec. 5,329).

Bodies of those executed, or dying in hospitals or prisons under

sentence for crime, shall be delivered to medical college or

association or any physician or surgeon for dissection, etc., unless

relatives or friends do not consent, or body shall have been interred,

or is not claimed by relatives, or deceased expressed a wish to be

buried, and after such use the remains shall be interred (Gen. Stat.,

sec. 3,758).

State board of health shall issue permits for transportation of bodies

beyond county where death occurred (Gen. Stat., sec. 6,030).

KANSAS.

Coroner to hold inquest, etc. (Gen. Stat., secs. 1,780, 1,794).

To bury body if not claimed by friends, etc., and at public expense, if

necessary (Gen. Stat., sec. 1,792).

Removal of a body unlawfully for dissection or wantonly, or receiving

body knowing it to have been so removed, is a misdemeanor (Gen. Stat.,

sec. 2,372 _et seq._).

KENTUCKY.

Coroner to hold inquest, etc. (Gen. Stat., ch. 25, secs. 3, 11).

To bury the body or deliver to friends (Gen. Stat., ch. 25, sec. 6).

Body of one dying on a steamboat, or other craft, if not claimed by

friends, shall be buried by master or officer in command on shore, at

least four feet deep (Gen. Stat., ch. 29, art. 17, sec. 15).

Removal of body unlawfully from grave is punishable (Gen. Stat., ch.

29, art. 17, sec. 16).

LOUISIANA.

Coroner shall hold inquest, etc., and bury body when not claimed by

friends (Voorh. Rev. L., secs. 653, 660).

MAINE.

Coroner to hold inquest, etc. (R. L., ch. 139, sec. 1).

To bury the body at State or town expense (R. L., ch. 139, sec. 11).

Seizure of body on execution, punishable (R. L., ch. 124, sec. 26).

Removal, etc., of body unlawfully, or receiving it knowingly, or

exposing, etc., body, is punishable (R. L., ch. 124, sec. 27).

Bodies may be buried and the expense recovered from the town (R. L.,

ch. 24, sec. 34).

If any resident request or consent that his body be delivered to a

physician or surgeon for dissection, it may be so delivered, unless

kindred or family connection objects (R. L., ch. 13, sec. 1).

Body of criminal dying in State prison or jail, or who was executed,

may be delivered to medical college or physician, etc., for dissection,

unless deceased or kindred request to be buried (R. L., ch. 13, sec. 2).

Body of person dying in the State, which is not claimed by relatives,

notice having been given, shall be delivered to medical school unless

ten voters of the town object to such disposition in writing (Laws,

1893, ch. 254).

MARYLAND.

Coroner to hold inquest, etc. (Md. Code, art. 22, secs. 3, 4).

Shall bury the body when necessary at public expense (Md. Code, art.

22, sec. 7).

Removal, etc., from graveyard, etc. (except potter’s field), of a body

is a misdemeanor (Md. Code, art. 27, secs. 133, 134).

MASSACHUSETTS.

Medical examiners shall hold inquest, etc. (Pub. Stat., ch. 26, secs.

10, 11).

And shall deliver it to relatives or friends, or if no one claims it,

to overseer of poor etc., for burial (Laws, 1887, ch. 310).

Body shall not be buried in city or town or removed therefrom without a

permit (Laws, 1888, ch. 306).

Body of one dying of infectious disease shall not be transported

without permit, and only in a sealed case (Laws, 1883, ch. 124, sec. 2).

Body shall not be cremated without permit and inquest by medical

examiner, or within forty-eight hours after death, unless death was

occasioned by contagious disease (Laws, 1885, ch. 265, sec. 4).

Overseers of poor, mayor and alderman of city, or superintendent of

State alms-house, may deliver body of person required to be buried at

public expense, to any physician or surgeon or medical college unless

deceased requested to be buried, or relative request burial or claim

it, or deceased was a stranger or traveller (Laws, 1891, ch. 185).

Body of criminal executed shall be delivered for dissection to a

medical college if requested; if not, to friends or relatives, or, if

none, to any physician or surgeon (Pub. Stat., ch. 202, sec. 8).

Removal of body unlawfully from grave is punishable, or buying,

selling, or possessing for such purpose, is punishable (Pub. Stat., ch.

207, secs. 47, 48).

Concealing birth of child which, if born alive, would be a bastard, is

punishable (Pub. Stat., ch. 207, sec. 11).

Seizing dead body on execution is punishable (Pub. Stat., ch. 207, sec.

46).

Body of a prisoner shall be buried by sheriff at town expense if not

claimed by relatives or friends (Pub. Stat., ch. 220, sec. 31).

MICHIGAN.

Justice of the peace to hold inquest, etc. (How. Am. Stat., vol. 2,

sec. 9,583 _et seq._).

And shall bury the body at the State or town expense (How. Am. Stat.,

vol. 3, sec. 9,593).

Woman concealing death of issue which, if born alive, would be a

bastard, is punishable (How. Am. Stat., vol. 3, sec. 9,284).

Board of health, officers, sheriff, etc., of any prison, etc.,

poor-house, alms-house, having body required to be buried at public

expense, shall, if not claimed by relatives, or if it have died of any

infectious disease, deliver it to University of Michigan, etc., for

dissection, etc. (How. Am. Stat., vol. 3, sec. 2,284).

Body shall not be shipped out of State nor used in State for any

purpose but anatomical study (How. Am. Stat., vol. 3, sec. 2,286).

Removal of body unlawfully is punishable (How. Stat., vol. 2, sec.

9,297).

MINNESOTA.

Gen. Stat., secs. 6,220, 6,230, same as N. Y. P. C., secs. 305-315.

Concealing birth of child which died before or after birth is a

misdemeanor (Gen. Stat., sec. 6,210).

Coroner to hold inquest, etc. (Gen. Stat., sec. 1,011 _et seq._).

And cause body to be buried at expense of county (Gen. Stat., sec.

1,021).

Section 6,216, same as 303, N. Y. P. C.

Body must be buried within four days, and if death was from contagious

disease, within twenty-four hours and in a tightly sealed coffin which

must not be reopened (Gen. Stat., sec. 607).

Wardens, superintendents of poor, and other persons having control of

bodies shall deliver same to medical college committee, for dissection,

unless claimed by relatives or friends, or relatives or friends do

not consent, or one detained as a witness or on suspicion of having

committed a crime, or deceased requested to be buried (Gen. Stat., sec.

678).

MISSISSIPPI.

Body of paupers and strangers to be buried (Am. Code, secs. 3,145,

3,146).

Coroner to hold inquest, etc. (Am. Code, sec. 816).

Removal of body unlawfully and wantonly, for sale or receiving same, is

punishable (Am. Code, secs. 1,023, 1,024).

MISSOURI.

Coroner to hold inquest, etc. (R. L., sec. 2,438 _et seq._).

And shall bury the body, if not claimed by friends, at public expense

(R. L., sec. 2,456).

And may direct a chemical analysis and microscopical examination of

body (R. L., sec. 2,469).

Superintendents or wardens of penitentiary, houses of correction,

insane asylums, poor-houses, and coroners, sheriffs, city and county

undertakers, having charge of a body required to be buried at public

expense, shall deliver the same to medical college for dissection

unless claimed by relatives or friends, and trafficking in such bodies

is a misdemeanor (R. L., sec. 6,883 _et seq._).

Concealing birth of child, so that it may not be known whether it was

born alive or dead, is a felony (R. L., sec. 3,479).

Removal of dead body from grave without authority (except that of

criminal executed for crime), for purpose of sale, etc., or receiving

such body knowingly, is a felony (R. L., secs. 3,842, 3,845).

MONTANA.

Concealing birth of child which, if born alive, would be a bastard, is

punishable (Crim. Laws, sec. 41).

Coroner to hold inquest, etc. (Gen. Laws, secs. 869, 883).

And bury body at public expense if not claimed by relatives, etc. (Gen.

Laws, sec. 881).

Removal, etc., of dead body from grave without authority, and for the

purpose of sale or dissection, or from wantonness, is a felony (Laws,

1889, p. 114).

NEBRASKA.

Coroner to hold inquest, etc. (Consol. Stat., sec. 3,130 _et seq._).

To bury body if not claimed by friends (Consol. Stat., sec. 3,144).

Removal of body from grave without authority for sale, dissection,

etc., is punishable (Consol. Stat., sec. 5,847).

Fœticide is punishable (Consol. Stat., sec. 5,582).

Bodies of paupers or criminals unclaimed by friends or relatives may

be delivered to medical college or physician for dissection, etc., and

such body shall not be transported out of State (Consol. Stat., secs.

3,299, 3,301, 5,848).

NEVADA.

Justice of peace to hold inquest, etc. (Gen. Stat., sec. 2,256 _et

seq._).

And cause the body to be buried at public expense (Gen. Stat., sec.

2,269).

Body shall not be buried without certificate of physician or coroner

(Gen. Stat., sec. 4,872 _et seq._).

Body shall not be transported out of State without a permit (Gen.

Stat., secs. 4,870, 4,871).

Concealing birth of child which, if born alive, would be a bastard, is

punishable (Gen. Stat., sec. 4,597).

Non-resident, _et al._, to be buried at public expense (Gen. Stat.,

sec. 1,986).

NEW HAMPSHIRE.

Coroner to hold inquest, etc. (Pub. Stat., ch. 262, sec. 1 _et seq._).

And bury body if a stranger, at public expense (Pub. Stat., ch. 262,

sec. 16).

Concealing birth of child which, if born alive, would be a bastard, is

punishable (Pub. Stat., ch. 278, sec. 14).

Body of person dying in a county, city, or town, or State prison or

jail, required to be buried at public expense, shall be delivered to

any physician or medical college for dissection, etc., unless deceased

requested to be buried, or friends claimed it or request burial, or

deceased was a stranger or traveller who died suddenly (Pub. Stat., ch.

136).

Body not to be buried without permit or disinterred (Pub. Stat., ch.

173, sec. 6).

Removal of dead body without authority, or concealing it, knowing it to

have been so dug up, is punishable (Pub. Stat., ch. 266, sec. 7).

NEW JERSEY.

Coroner to hold inquest, etc. (Rev. Stat., p. 170 _et seq._).

And bury body if not claimed by friends (Rev. Stat., p. 170, sec. 5).

Concealing birth of child which, if born alive, would be a bastard, is

a misdemeanor (Rev. Stat., p. 241, sec. 83).

Body of executed criminal may be delivered to physician, etc., for

dissection unless claimed by relatives (Rev. Stat., p. 239, sec. 69).

Removal of a body without authority for sale, dissection, etc., is a

high misdemeanor (Rev. Stat., p. 249, sec. 122).

Exposing body of an executed murderer is a misdemeanor (Supp. Rev.

Stat., p. 194, sec. 19).

Body must not be buried without a permit; nor body brought into the

State without permit; nor taken out of State without permit (Laws,

1888, ch. 39, secs. 5-8).

NEW MEXICO.

Justice of the peace to hold inquest, etc. (Comp. Laws, sec. 443 _et

seq._).

And bury the body (Comp. Laws, sec. 447).

Body of one dying of a contagious disease shall not be carried in an

open coffin, or be exposed (Laws, 1889, ch. 79, sec. 8).

Body shall not be buried within fifty yards of running stream (Laws,

1891, ch. 93).

NEW YORK.

Duty of burial, etc. (Pen. Code, sec. 305 _et seq._).

Attempt at sexual intercourse with dead body is a crime against nature

(Pen. Code, sec. 303).

Transfer of body of one who died of a contagious or infectious disease

shall be in hermetically sealed casket (Laws, 1893, ch. 661, sec. 23).

Bodies of those dying in, or in custody of managers, etc., of any

prison, asylum, morgue, hospital, or in possession of undertakers,

shall be delivered to medical college of this State, etc., for purpose

of medical study, unless claimed by relatives or friends, or friends or

relatives do not assent to such disposal, or deceased requested during

last illness to be buried (Laws, 1893, ch. 661, sec. 207).

In certain cases bodies of convicts, unless claimed, shall be delivered

to certain medical colleges (R. S., pt. 4, ch. 3, secs. 132, 133).

District attorney may cause body to be exhumed, examined, etc. (Pen.

Code, sec. 308).

NORTH CAROLINA.

Coroner to hold inquest, etc. (Code, sec. 657).

Concealing birth of child, by burying dead body, is a misdemeanor.

Opening grave without authority for purpose of taking body is a felony

(Laws, 1885, ch. 90).

Coroner may order a chemical analysis of remains (Laws, 1887, ch. 269).

Dead body of convict, unclaimed by friends, shall be delivered to

medical college except such dying of contagious disease (Laws, 1891,

ch. 129).

Body of one dying of contagious disease must not be transported by

common carrier until disinfected, nor shall permit for removal be

issued until such disinfection (Laws, 1893, ch. 214, sec. 16).

NORTH DAKOTA.

Coroner to hold inquest, etc. (Comp. Laws, sec. 664 _et seq._).

And bury the body if not claimed by friends, etc. (Comp. Laws, sec.

676).

Concealing birth of child which, if born alive, would be a bastard, or

of child dying within two years after birth, is punishable (Comp. Laws,

sec. 6,947).

COMP. LAWS.

Sec. 6,549 same as 305 N. Y. P. C.

” 6,550 ” 306 ”

” 6,551 ” 307 ”

” 6,552 ” 308 (1-3) ”

” 6,553 ” 309 ”

” 6,554 ” 310 ”

” 6,559 ” 311 ”

” 6,560 ” 312 ”

” 6,563 ” 314 ”

Duty of burial of married woman, on husband. If not married woman, on

nearest of kin who is an adult or has means sufficient (Comp. Laws,

sec. 6,556).

Refusal to bury by one on whom duty is imposed by law, a misdemeanor

(Comp. Laws, sec. 6,557).

Custody of body pertains to one whose duty it is to bury (Comp. Laws,

sec. 6,558).

When cemetery is by law changed to other place, duty is on relative to

move body (Comp. Laws, sec. 6,562).

Body of executed criminal, and those dying in State penitentiary or

county jail under sentence, shall be delivered to medical college or

any physician for dissection, unless deceased requested to be buried,

or friends ask to have it buried, or deceased was a stranger or

traveller (Laws, 1890, ch. 92).

OHIO.

Coroner to hold inquest, etc. (R. L., sec. 1,221 _et seq._).

And bury body, etc. (R. L., sec. 1,227).

Body of pauper or unknown, not an inmate of any penal, charitable, or

reformatory institution, and not claimed by relative or delivered for

dissection according to law, shall be buried at public expense (Laws,

1890, p. 283).

Corpse shall not be conveyed to or from a city without a permit (R. L.,

sec. 2,119).

Bodies of those dying in city hospitals, city or county infirmaries,

work-houses, asylums, charitable institutions, penitentiaries, or

jails, which are required to be buried at public expense, shall be

delivered to medical college or society for study, etc., unless claimed

by relative, or deceased was a stranger or traveller (except tramps)

(R. L., sec. 3,763).

Removing body from grave without authority for dissection or receiving

such body is punishable (R. L., sec. 7,034).

Body of executed criminal, if not claimed by relative or friends, may

be delivered for dissection, etc. (R. L., sec. 7,343, 1).

OKLAHOMA.

Coroner to hold inquest, etc. (Stat., sec. 1,745 _et seq._).

And bury the body at public expense if not claimed by relatives (Stat.,

sec. 1,759).

Concealing birth of issue which, if born alive, etc., or dying within

two years after birth, is punishable (Stat., sec. 2,179).

2,188-2,190 same as 305-307 N. Y. P. C.

2,191 ” 308 ” (except subd. 4)

2,192-2,193 ” 309-310 ”

2,198 ” 311 ” (ex. punishment)

2,199 ” 312 ”

2,202 ” 314 ”

Custody is in him whose duty it is to bury (Stat., secs. 21, 97).

Duty of burial of married woman, on husband; if not married woman, on

nearest of kin who is an adult and has sufficient means (Stat., sec.

2,195).

Refusal to bury by one on whom duty rests, is a misdemeanor (Stat.,

sec. 2,196).

OREGON.

Coroner to hold inquest, etc. (Crim. Code, sec. 453 _et seq._).

And bury body if not claimed by friends (Crim. Code, sec. 462).

Unmarried woman concealing birth of child so that it may not be known

whether it was born alive or not, is punishable (Crim. Code, sec. 649).

Bodies of criminals executed, those dying in hospitals, insane asylums,

alms-houses, or penitentiaries, may be delivered to medical college or

physician for dissection, etc., unless they shall have been interred,

or claimed by relatives, or relatives and friends do not consent, or

deceased expressed a wish to be buried; and they shall be used for such

purpose only and in this State (Hill’s Am. Laws, sec. 3,730 _et seq._).

Removal of body without authority, etc., is punishable (Crim. Code,

sec. 656).

PENNSYLVANIA.

Coroner to hold inquest in Philadelphia County only in case of a

violent death (Bright Pen. Dig., 1536, sec. 37).

And may in Berks and Lancaster Counties order a post mortem (Bright

Pen. Dig., 1536, sec. 38).

Concealing death of child which, if born alive, would be a bastard, is

punishable (Bright Pen. Dig., 431, sec. 158).

Removal of body from grave without authority is a misdemeanor (Bright

Pen. Dig., 229, sec. 11).

Bodies of those dying in alms-house, hospital, prison, or public

institution, or those in morgue, which are required to be buried at

public expense, shall be delivered to medical college, physician, etc.,

to be used for scientific purposes only, unless claimed by relatives

or deceased was a traveller, and trafficking in such bodies is a

misdemeanor (Bright Pen. Dig., p. 9, sec. 1 _et seq._).

RHODE ISLAND.

Concealing death of child which, if born alive, would be a bastard, so

that it may not be known, etc., is punishable (Pub. Stat., ch. 244,

sec. 8).

Seizing dead body under execution is punishable (Pub. Stat., ch. 223,

sec. 2).

Bodies of those dying in jail shall, if not claimed by relatives, be

buried at public expense (Pub. Stat., ch. 201, sec. 30).

Medical examiner to make autopsy (Pub. Stat., 1884, ch. 420).

And bury body of stranger at State expense if necessary (Pub. Laws,

1884, ch. 420, sec. 24).

Coroner to hold inquest if, in opinion of medical examiner, death was

caused by act of some one other than deceased (Pub. Laws, 1884, ch.

420, sec. 17).

SOUTH CAROLINA.

Coroner to hold inquest, etc. (R. L., secs. 711, 2,664 _et seq._).

And may have body disinterred for inquisition (R. L., sec. 2,687).

TENNESSEE.

Coroner to hold inquest, etc. (Code, sec. 6,139 _et seq._).

And may order a chemical analysis of remains, etc. (Code, sec. 6,150).

Body to be buried, if not claimed by relatives, etc., at public expense

if necessary (Code, sec. 6,160).

Wilfully and improperly exposing or abandoning a dead body is a

misdemeanor (Code, sec. 5,658).

Removing or purchasing dead bodies without authority is a misdemeanor

(Code, secs. 5,659, 5,660).

Body of deceased convict to be buried unless claimed by friends (Code,

sec. 6,402).

TEXAS.

Justice of the peace to hold inquest, etc. (Code Crim. P., art. 988 _et

seq._).

And may disinter the body for such inquisition (Code Crim. P., art.

989).

Removal, etc., of dead body from grave without authority is punishable

(Code, art. 345).

Bodies of convicts to be buried (Rev. C. Stat., art. 3,561).

VERMONT.

Justice of the peace to hold inquest, etc. (Rev. Laws, sec. 3,934 _et

seq._).

Removal, etc., of dead body without authority, is punishable (Rev.

Laws, secs. 4,194, 4,196).

Bodies of those dying in poor-house or other public institution, which

are required to be buried at public expense, may be delivered to any

physician for dissection, etc., unless deceased requested to be buried,

or friends or relations request burial, or deceased was a stranger or

traveller. Such body shall not be removed from State, and shall be used

for scientific purposes only (Laws, 1884, ch. 85).

VIRGINIA.

Coroner to hold inquest, etc. (Code, sec. 3,938 _et seq._).

And to bury the body at public expense (Code, sec. 3,946).

Removal, etc., of dead body from grave without authority, is punishable

(Code, sec. 3,794).

Bodies of those dying on vessels in State, shall be buried by master on

the shore above high-water mark (Code, sec. 2,002).

Bodies of those dying in alms-house, prison, morgue, hospital, jail,

or other public institution, which are required to be buried at public

expense, and bodies of criminals executed for crime shall be delivered

to medical college, etc., and physician or surgeon for anatomical

study, unless (except criminals) relatives and friends claim the body

or deceased was a stranger or traveller; and such bodies shall not be

sent out of the State (Code, ch. 80).

WASHINGTON.

Coroner to hold inquest, etc. (Hill’s Am. Stat., vol. 1, sec. 245 _et

seq._).

And bury body, if not claimed by friends, at public expense (Hill’s Am.

Stat., vol. 1, sec. 257).

Bodies of those dying in poor-house, public hospital, county jail,

State prison, etc., which are required to be buried at public expense,

shall be delivered to medical college, physician, surgeon, etc., for

study, unless deceased requested to be buried, or it is claimed by

friends or relatives, or deceased was a stranger or traveller; and such

body shall be used only in the State (Hill’s Am. Stat., vol. 1, sec.

2,428 _et seq._).

Removal, etc., of body from the grave without authority is punishable

(Pen. Code, sec. 208).

WEST VIRGINIA.

Coroner to hold inquest, etc. (Code, ch. 154).

And bury the body at public expense, or if of a stranger, may forward

it to its destination or bury it (Code, ch. 154, sec. 8).

Removal, etc., of a body from grave is punishable (Code, ch. 149, sec.

13).

WISCONSIN.

Justice of the peace or coroner to hold inquest, etc. (S. & B. Am.

Stat., ch. 200).

And shall cause the body to be buried at public expense (S. & B. Am.

Stat., ch. 200, sec. 4,877).

Dead body of convict shall, if not claimed by relatives or friends, be

buried (S. & B. Am. Stat., sec. 4,926).

Removal, etc., of body from grave without authority is punishable (S. &

B. Am. Stat., sec. 4,592).

Concealing death of child which, if born alive, would be a bastard, is

punishable (S. & B. Am. Stat., sec. 4,585).

Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1 · 第 11 / 21 章