Historic
CALIFORNIA CEMETERY LAWS





1854

Chapter VIII.



AN ACT to protect the bodies of Deceased Persons and Public Grave Yards.  [Passed February 16, 1854.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

     Section 1.  Any person or persons who shall enter or molest the enclosure of a public grave yard for agricultural, mining, or any other purpose, or who shall disinter, mutilate, or remove the body of any deceased person, after the same has been interred in any grave yard, vault, or other place of burial, shall be deemed guilty of a misdemeanor, and upon conviction thereof, in a court of competent jurisdiction, shall be punished by imprisonment in the State Prison, not less than two, nor more than ten years: Provided, that nothing herein contained shall be construed to prevent the relations or their agents from removing the body of a deceased relative, or friend.
     Sec. 2.  Any person or persons who shall tear down, or destroy any fence or enclosure around a public grave-yard, or cause the same to be torn down, or destroy, or remove shade, ornamental, or other trees, unless by direction of the proper authorities, shall be deemed guilty of a public offense, and upon conviction thereof, before any Justice of the Peace, Recorder, or Mayor of any incorporated city, shall be punished by imprisonment in the county jail, not less than two, nor more than six months, or by fine of not less than one hundred, nor more than five hundred dollars, or by both such imprisonment and fine.
     Sec. 3.  When grave-yards are located on the public lands they shall not contain more than an area of five acres.
     Sec. 4.  Where the bodies of six or more persons are buried it is hereby declared a public grave-yard.

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