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

2. If the deceased was not a married woman, but left any kindred, the duty of burial devolves upon the person or persons in the same degree nearest of kin to the deceased, being of adult age, and within this State, and possessed of sufficient means to defray the necessary expenses. 3. If the deceased left no husband nor kindred answering the foregoing description, the duty of burial devolves upon the coroner conducting an inquest upon the body of the deceased, if any such inquest is held; if there is none, then upon the persons charged with the support of the poor in the locality in which the death occurs.

4. In case the person upon whom the duty of burial is cast by the foregoing provisions omits to make such burial within a reasonable time, the duty devolves upon the person next specified; and if all omit to act, it devolves upon the tenant; or if there is no tenant, upon the owner of the premises, or master, or if there is no master upon the owner, of the vessel in which the death occurs or the body is found.

Duty of burial.-At common law, it is a misdemeanor for one, whose duty it is to have a dead body buried, to refuse or neglect to bury it -1 Me. 226, if he have sufficient means to do so-5 Cox C. C. 379; 2 Denison, 325; or to prevent the burial-Willes, 537; or to willfully ob struct and interrupt the burial service-4 Barn. & C. 902; 2 Strange, 699; or to bury a body of one who died a violent death before or with out a coroner's inquest-1 Salk. 377; 7 Mod. 10; or to throw a dead body into a river without the rites of a christian burial-1 Me. 226. A statute, which empowers boards of health to regulate burial-grounds and interments, includes the removal of dead bodies-13 Allen, 546. The statute applies only to burial-places dedicated in the mode point. ed out by statute-9 Ind. 172.

293. Every person upon whom the duty of making burial of the remains of a deceased person is imposed by law, who omits to perform that duty within a reasonable time, is guilty of a misdemeanor; and, in addition to the punishment prescribed therefor, is liable to pay to the person performing the duty in his stead, treble the expenses incurred by the latter in making the burial, to be recovered in a civil action.

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

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

296. Every person who willfully and maliciously defaces, breaks, destroys, or removes any tomb, monument, or gravestone, erected to any deceased person, or any memento or memorial, or any ornamental plant, tree, or shrub, appertaining to the place of burial of a human being, or who shall mark, deface, injure, destroy, or remove any fence, post, rail, or wall of any cemetery or graveyard, is guilty of a misdemeanor.

Violation of sepulcher.-It is an offense at common law to deface tombs, monuments, graves, burial-lots, etc.-3 Coke Inst. 202; 2 Bish. C. L. 6th ed. § 1188. If a place has once acquired the character of a cemetery, it does not cease to have it by mere disuse-7 Allen, 299. See Pol. Code, §§ 3074-3082.

297. Every person who shall bury or inter, or cause to be buried or interred, the dead body of any human being, or any human remains, in any place within the corporate limits of any city or town in this State, or within the corporate limits of the city and county of San Francisco, except in a cemetery, or place of burial, now existing under the laws of this State, and in which interments have been made, or that is now or may hereafter be established or organized by the board of supervisors of the county, or city and county, in which such city or town, or city and county, is situate, shall be guilty of a misdemeanor. effect March 30th, 1874.]

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CHAPTER VII.

OF CRIMES AGAINST RELIGION AND CONSCIENCE, AND OTHER OFFENSES AGAINST GOOD MORALS.

$299. Sunday amusements, where liquors are sold. Repealed.
$300. Keeping open places of business on Sunday. Repealed.
§ 301. Limitation on operation of preceding section. Repealed.
§ 302. Disturbing religious meetings.

§ 303.

Sale of liquors at theaters, and employing women to sell 11. quors thereat.

§ 304. Selling liquors at camp-meeting.

§ 305. Limitation of preceding section.

§ 306. Females exhibited in public places.

§ 307. Keeping or resorting to place where opium is used.

§ 309. Admission of minor to place of prostitution.

299. Relating to Sunday exhibitions and amusements, was repealed by act approved and in effect February 8th, 1883.

300. Relating to transaction of business on Sunday, was repealed by act approved and in effect February 8th, 1883.

301. Excepting certain business from the provisions of foregoing sections, was repealed by act approved and in effect February 8th, 1883.

302. Every person who willfully disturbs or disquiets any assemblage of people met for religious worship, by noise, profane discourse, rude or indecent behavior, or by any unnecessary noise, either within the place where such meeting is held, or so near it as to disturb the order and solemnity of the meeting, is guilty of a misdemeanor.

Disturbing religious worship is an indictable offense-2 Wheel. C. C. 135; 5 Har. (Del.) 490; 3 Sneed, 313; 5 Tex. Ct. App. 470; although the meeting was only to transact business-5 Sneed, 518; 78 N. C. 448;

S. C. 2 Am. Cr. R. 133. So a sunday-school is a religious meeting-6 Baxt. (Tenn.) 234; or a singing-school for instruction in sacred music -26 Cal. 607; 28 id.232. There must be an actual disturbance, by noise, er rude and indecent conduct at or near the place of worship-37 Ala. 154; 46 id. 175. So disturbing a congregation, though not in a church, chapel, or meeting-house, constitutes the offense-Dev. & B. 358; as a disturbance made on a camp-ground-3 Gratt. 624; contra, 32 Mo. 548; and see 20 Alb. L. J. 124; but not when the exercises are over-3 Ired. 111. It is sufficient if the disturbance occur a reasonable time before the dispersing of the congregation-38 Ala. 224; 53 id. 398; 3 Sneed, 313; 5 id. 518. It depends on usage and practice-53 Ala. 398; 1 Gray, 476; 53 Me. 125; 1 Craw. & D. 157; and is a question of fact for the jury -14 Ind. 429; 19 id. 181; 28 Conn. 232. See Desty's Crim. Law, § 93 b.

303. Every person who sells or furnishes any malt, vinous, or spirituous liquors to any person in the auditorium or lobbies of any theater, melodeon, museum, circus, or caravan, or place where any farce, comedy, tragedy, ballet, opera, or play is being performed, or any exhibition of dancing, juggling, wax-work figures and the like is being given for public amusement, and every person who employs or procures, or causes to be employed or procured, any female to sell or furnish any malt, vinous, or spirituous liquors at such place, is guilty of a misde

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Constitutional law. -Legislative enactments or municipal ordinances to prohibit noisy amusements and to prevent immorality,' are not repugnant to the Constitution of the United States or of the State of California-38 Cal. 702. See 43 Cal. 480.

Sale of liquors to minors, Act of 1872, Appendix, p. 716; on election days, Act of 1874, Appendix, p. 717; at State Capitol, Act of 1880, Ap pendix, p.746. intoxication of officers, Act of 1880, Appendix, p.746.

304. Every person who erects or keeps a booth, tent, stall, or other contrivance for the purpose of selling or otherwise disposing of any wine, or spirituous or intoxicating liquors, or any drink of which wines, spirituous or intoxicating liquors form a part, or for selling or otherwise disposing of any article of merchandise, or who peddles or hawks about any such drink or article, within one mile of any camp or field meeting for religious worship, during the time of holding such meeting, is punishable by fine of not less than five nor more than five hundred dollars.

305. The provisions of the preceding section do not apply to any person carrying on a regular business in

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