for the benefit of commerce, by the construction of wharves, piers, and docks, and otherwise; provided, that these lands may be leased for a period not exceeding fifty years, subject to all of said uses and trusts. [Amendment approved April 24, 1917; Stats. 1917, p. 193.]

This act granted to the town of Martinez certain tide-lands on Carquinez Straits.

ACT 1276.

TITLE 99.
CEMETERIES.

To protect the bodies of deceased persons and public graveyards. [Stats. 1854, p. 6.]

Superseded by Penal Code, §§ 290–297.

This act fixed a penalty for disinterring or mutilating the body of a deceased person.

ACT 1277.

Providing for the removal of human remains from cemeteries in cities having a population of more than five thousand and not exceeding one hundred thousand.

[Approved March 23, 1893. Stats. 1893, p. 234.]

Amended 1895, p. 157.

§ 1. Removal of human remains from cemeteries.

§ 1. Removal of human remains from cemeteries. The city council of any city in this state having a population of more than fifteen hundred and not exceeding one hundred thousand, may, by ordinance duly passed, and under such lawful rules and regulations which it may adopt, provide for the exhuming, taking up, and removal from cemeteries within the boundary lines of such city, or from cemeteries owned and controlled by such city that may have been located without its boundaries (and in which such cemeteries no interments of human remains have been made for a period of not less than two years), of all the human remains interred in such cemeteries. [Amendment approved March 26, 1895. Stats. 1895, p. 157.]

АСТ 1278.

An act to protect public health from infection caused by exhumation and removal of the remains of deceased persons.

[Approved April 1, 1878. Stats. 1877-78, p. 1050.]

Amended 1. 1889, p. 130. 2. 1917, p. 36.

§1. Disinterring of bodies unlawful without permit.

§ 2. Provisions for disinterring remains.

§ 3. Misdemeanor. Transportation of bodies, etc. Misdemeanor.

§ 4.

§ 5.

§ 6.

Reward for information.

Act does not apply in what cases.

§ 7. In effect when.

§ 1. Disinterring of bodies unlawful without permit. It shall be unlawful to disinter or exhume from a grave, vault, or other burial place, the body or remains of any deceased person, unless the person or persons so doing shall first obtain, from the board of health, health officer,

mayor, or other head of the municipal government of the city, town, or city and county where the same are deposited, a permit for said purpose. Nor shall such body or remains disinterred, exhumed, or taken from any grave, vault, or other place of burial or deposit, be removed or transported in or through the streets or highways of any city, town, or city and county, unless the person or persons removing or transporting such body or remains shall first obtain, from the board of health or health officer (if such board or officer there be), and from the mayor or other head of the municipal government of the city or town, or city and county, a permit, in writing, so to remove or transport such body or remains in and through such streets and highways.

§2. Provisions for disinterring remains. Permits to disinter or exhume the bodies or remains of deceased persons, as in the last section, may be granted; provided, the person applying therefor shall produce a certificate from the coroner, registrar, the physician who attended such deceased person, or other physician in good standing cognizant of the facts, which certificate shall state the cause of death or disease of which the person died, and also the age and sex of such deceased; and provided, further, that the body or remains of deceased shall be inclosed in a metallic case or coffin, sealed in such manner as to prevent, as far as practicable, any noxious or offensive odor or effluvia escaping therefrom, and that such case or coffin contains the body or remains of but one person, except where the infant children of the same parent or parents, or parent and children are contained in such case or coffin. And the permit shall contain the above conditions and the words "Permit to remove and transport the body of, age name, age, and sex shall be written therein. April 5, 1917; Stats. 1917, p. 36.]

sex," and the [Amendment approved

§3. Misdemeanor. Transportation of bodies, etc. Any person or persons who shall disinter. exhume, or remove, or cause to be disinterred, exhumed, or removed, from a grave, vault, or other receptacle or burial place, the body or remains of a deceased person, without a permit therefor, shall be guilty of a misdemeanor and be punished by a fine not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for not less than thirty days nor more than six months, or by both such fine and imprisonment. Nor shall it be lawful to receive such body, bones, or remains on any vehicle, car, barge, boat, ship, steamboat, or vessel for transportation in or from this state, unless the permit to transport the same is first received, and is retained in evidence by the owner, driver, agent, superintendent, or master of the vehicle, car, or vessel.

§4. Misdemeanor. Any person or persons who shall move or transport, or cause to be moved or transported, on or through the streets or highways of any city or town, or city and county, of this state, the body or remains of a deceased person, which shall have been disinterred or exhumed without a permit, as described in section 2 of this act, shall be guilty of a misdemeanor, and be punishable as provided in section 3 of this act.

§ 5. Reward for information. Any person who shall give information to secure the conviction of any person or persons for the violation of the provisions of this act shall be entitled to receive the sum of

twenty-five dollars, to be paid from the fund collected from fines imposed and accruing under this act.

§ 6. Act does not apply in what cases. Nothing in this act contained shall be taken to apply to the removal of the remains of deceased persons from one place of interment to another cemetery or place of interment within this state; provided, that no permit shall be issued for the disinterment or removal of any body, unless such body has been buried for one year or more, without the written consent of the mayor, chairman of the board of supervisors, or city council of any municipality of the state. [Amendment approved March 13, 1889.

Stats. 1889, p. 130.]

§ 7. In effect when. This act shall take effect and be in force from the thirtieth day after its passage and approval.

This act does not repeal § 290 of the Penal Code: People v. Dalton, 58 Cal. 226.

ACT 1279.

An act authorizing the board of supervisors or other governing body of any incorporated city, or city and county, having a population of more than one hundred thousand persons, to order the disinterment and removal of all human bodies interred in any cemetery of more than five acres in extent, or from a part thereof, situate within the boundaries of such city, or city and county, and directing the reinterment of such bodies in cemeteries outside of the limits of such city, or city and county, or the depositing of the same in a mausoleum or columbarium, whenever the further maintenance of such cemetery or part thereof as a burial place for the human dead threatens or endangers the health, safety, comfort or welfare of the public, and providing a mode of procedure under and by which such removals may, when so ordered, be made by the cemetery corporation, association, corporation sole or other person governing or controlling such cemetery lands, or by the relatives or friends of those whose bodies are buried therein, and providing for the sale, mortgage or pledge of cemetery lands from which the human bodies are removed.

[Approved June 5, 1923. Stats. 1923, p. 646.]
Certain cities may compel abandonment of cemeteries.
Rules and regulations governing removal of remains.
Cemetery associations may remove remains to other cemeteries,

ete.

Resolution of intention.

Notice of resolution of intention.

Time when association may remove remains. Right of interested parties to be notified and be present.

§ 1.

§ 2. § 3.

§ 4.

§ 5.

§ 6.

§ 7.

§ 8.

$ 9.

Reinterment of remains, manner of, etc.
Removal of vaults, monuments, etc.

§ 10.

Sale of lands after removal of remains.

§ 11.

Expense of removal of bodies. Perpetual care.
of voluntary removals.

Confirmation of sales.
Reimbursement

§ 12.

Exchange of cemetery lots, etc. Reservation of lands for mausoleum.

Removal of remains by friends or relatives. Removal by owner of lot.

!

13. Markers, plats, plans, records, etc.

§14. Declaration of removal to be filed.

§ 15. Use of surplus funds for perpetual care, etc.

$16.

Rules and regulations of health officers relative to removal.

§ 17. Removals from church cemeteries.

§ 18. Constitutionality.

§ 19.

Repealed.

§ 1. Certain cities may compel abandonment of cemeteries. The board of supervisors or other governing body of any incorporated city, or city and county of this state, having a population of more than one hundred thousand persons, shall have power to order the disinterment and removal of all human bodies interred in any cemetery of more than five acres in extent, or from any part thereof, situate within the limits of such city, or city and county, where the right of burial in such cemetery has been prohibited by law for a period of fifteen years or more, whenever such board of supervisors or other governing body shall, by ordinance, declare that the further maintenance of such cemetery or part thereof as a burial place for the human dead threatens or endangers the health, safety, comfort or welfare of the public and demands the disinterment and removal beyond the limits of the city, or city and county, of the human bodies interred therein.

§ 2. Rules and regulations governing removal of remains. The board of supervisors or other governing body of such incorporated city, or city and county, may in any ordinance ordering or directing the disinterment and removal of such bodies prescribe reasonable rules and regulations governing the manner of making such disinterments and removals and providing for the reinterment or other disposition of such bodies in cemeteries outside of the limits of such city, or city and county; and such ordinance shall prescribe a reasonable time of not less than two years in which the removal of such bodies may be made by the cemetery corporation, association or other person owning or controlling such cemetery, or by the owners or holders of burial lots therein, or by the relatives or friends of those whose bodies are interred in such cemetery, and may also provide that if such bodies are not so removed within the period fixed, the city, or city and county will itself proceed to disinter the bodies remaining, and reinter them in another cemetery or cemeteries outside the limits of the city, or city and county.

§3. Cemetery associations may remove remains to other cemeteries, etc. Any cemetery corporation or association owning or controlling any cemetery from which the human bodies interred therein are ordered removed by an ordinance adopted in accordance with the provisions of section two of this act, may, by resolution of its board of directors er other governing body, when ratified and approved by a majority vote of the lot owners and holders of such corporation or association voting at any regular meeting of the cemetery corporation or association, or at a meeting specially called for that purpose, declare it to be the intention and purpose of the corporation or association to itself disinter and remove the bodies in accordance with the ordinance of the board of supervisors, or other governing body of such city, or city and county ordering and directing such disinterment and removal, and to reinter such bodies in another cemetery or cemeteries outside the limits of such city, or city and county, or to deposit the removed bodies in a

memorial mausoleum or columbarium as hereinafter provided. Any corporation sole or other person owning or controlling any such cemetery in any incorporated city, city and county, from which the human bodies buried therein are ordered disinterred and removed by ordinance of the board of supervisors or other governing body of such city, or city and county as provided in section two of this act may also declare the intention of such corporation sole or other person owning or controlling any such cemetery to disinter such bodies and reinter them in another cemetery outside the limits of such city, or city and county or deposit the bodies so removed in a memorial mausoleum, or columbarium as hereinafter provided.

§ 4. Resolution of intention. Any resolution or declaration of intention to disinter and remove the human bodies interred in any such cemetery in accordance with any ordinance adopted by the board of supervisors or other governing body of the incorporated city, or city and county, wherein such cemetery lands are situated which may be adopted or declared by any cemetery corporation, association, corporation sole or other person owning or controlling such cemetery shall specify and declare that at any time after the expiration of ten months from and after the first publication of the notice of such resolution or declaration required to be published under the provisions of section five of this act, the human bodies then remaining in any such cemetery or part thereof shall be removed by such cemetery corporation, association, corporation sole or other person owning or controlling such cemetery.

§ 5. Notice of resolution of intention. Notice of such resolution or declaration of intention to remove the human remains from any such cemetery or part thereof shall be given to all persons interested therein by publication in a newspaper of general circulation published in the incorporated city, or city and county, wherein said cemetery or part thereof is situated, which publication shall be made at least once a week for two successive months. Said notice shall be entitled "Notice of Declaration of Intention to Remove Human Bodies from (insert name of cemetery) in accordance with the provisions of Ordinance No. (insert number) of the (insert name of city, or city and county) adopted (insert date)" and shall specify a date not less than ten months after the first publication of such notice when the cemetery corporation, association, corporation sole, or other person owning or controlling such cemetery lands and causing such notice to be published will proceed to remove the human remains then remaining in such cemetery or part thereof. Copies of said notice so published shall within ten days after the first publication thereof be posted in at least three conspicuous places in the said cemetery or part thereof from which said removals of the human remains interred therein are to be made, and a further copy of said notice shall be mailed to every person who owns or holds or has the right of hurial in any lot or plat in said cemetery or part thereof affected by such resolution or declaration of abandonment and removal whose name appears as such owner or holder upon the records of such cemetery, which such notice so mailed shall be addressed to the last known postoffice address of such respective lot owner or lot holder as the same appears from the records of said cemetery, and if no such address