Page:1864-65 Territory of Dakota Session Laws.pdf/114

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102
PENAL CODE.

Section 359. Arresting or attaching a dead body

360. Disturbing funerals.

361. Defacing tombs, monuments, &c.

362. Unlawful dissection.

Sec. 345. Every person has the right to direct the manner in which his body shall be disposed of after his death; and to direct the manner in which any part of his body which becomes seperated therefrom during his life time shall be disposed of. The provisions of this chapter do not apply where such person has given directions for the disposal of his body or any part thereof inconsistent with those provisions.

Sec. 316. Except in the cases in which a right to dissect a dead body is expressly conferred by law, every dead body of a human being lying within this territory must be decently buried within a reasonable time after the death,

Sec. 347. The last section does not affect the right to carry the dead body of a human being through this territory or to remove from this territory the body of a person dying within it, for the purpose of burying the same in another state, or territory.

Sec. 348. The right to dissect the dead body of a human being exists in the following cases:

1. In the cases authorized by positive enactment of the Legislative assembly of this Territory;

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

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

Sec. 319. Every person who makes or procures to be made any dissection of the body of a human being, except by authority of law, or in pursuance of a permission given by the deceased, is guilty of a misdemeanor.

Sec. 350. In all cases in which a dissection has been made,