Historic
CALIFORNIA CEMETERY LAWS




1872
Codified Statutes of California


Political Code

Chapter V.


CEMETERIES AND SEPULTURE.

(superceded by Health and Safety Code)

 

3105.   Title to cemetery grounds. 
    Sec. 3105.  The title to lands used as a public cemetery or graveyard, situated in or near to any city, town, or village, and used by the inhabitants thereof continuously, without interruption, as a burial ground for five years, is vested in the inhabitants of such city, town, or village, and the lands must not be used for any other purpose than a public cemetery.

3106.   What constitutes a cemetery.
    Sec. 3106.  Six or more human bodies being buried at one place constitutes the place a cemetery.

3107.   Cemeteries, how laid out and dedicated on public lands.
    Sec. 3107.  Incorporated cities or towns, and for unincorporated towns or villages, the supervisors of the county, may survey, lay out and dedicate of the public lands situated in or near such city, town, or village, not exceeding five acres, for cemetery and burial purposes.  The survey and description thereof, together with a certified copy of the order made constituting the same a cemetery, must be recorded in the recorder's office of the county in which the same is located.

3108.   Inhabitants of city, town, or village to own cemetery.
    Sec. 3108.  The inhabitants of any city, town, village, or neighborhood may, by subscription or otherwise, purchase or receive by gift or donation, lands not exceeding five acres, to be used as a cemetery, the title thereof to be vested in such inhabitants, and when once dedicated to use for burial purposes must thereafter be used for no other purpose.

3109.   Public cemeteries, under whose control.
    Sec. 3109.  The public cemeteries of cities, towns, villages, or neighborhoods must be inclosed and laid off into lots, and the general management, conduct, and regulation of interments, permits to inter, or remove interred bodies, the disposition of lots and keeping the same in order, is under the jurisdiction and control of the cities and towns owning the same, if incorporated; if not, then under the jurisdiction and control of the board of supervisors of the county in which they are situated.

    Amended by Stats. 1911, p. 315: 
    3109.  Control of cemeteries.   The public cemeteries of cities, towns, villages, neighborhoods and of fraternal or beneficial associations or societies must be inclosed and laid off into lots, and the general management, conduct and regulation of interments, permits to inter, or remove interred bodies, the disposition of lots, and keeping the same in order, are under the jurisdiction and control of the cities and towns owning the same, if incorporated; if not, then under the jurisdiction and control of the board of supervisors of the county in which they are situated; provided, that in all cases, those owned by said fraternal or beneficial associations or societies shall be under the jurisdiction of and controlled and managed by said associations or societies or by trustees appointed by them.  [Political Code, Part 3, Title 7, Chapter 5; Stats. 1923, p. 884.]

3110.   Who exercises jurisdiction and control over.
    Sec 3110.  The boards of supervisors, city trustees, or other corresponding authorities having jurisdiction and control of cemeteries, may make general rules and regulations therefor, and appoint sextons or other officers to enforce obedience to the same, with such other powers and duties regarding the cemetery as they may deem necessary.

    Amended by Stats. 1911, p. 315:
   3110.  Rules for.  The authorities having jurisdiction and control of cemeteries may make and enforce general rules and regulations therefor, and appoint sextons or other officers to enforce obedience to the same with such powers and duties regarding the cemetery as they may deem necessary.  [Political Code, Part 3, Title 7, Chapter 6; Stats. 1923, p. 884.]

   3110.  Rules: Appointment of sextons and other officers.   [apparently only a section title change; text of law remained the same as immediately above.]

3111.   Register must be kept.
    Sec. 3111.  The authority having control of a public cemetery must require a register of name, age, birthplace, and date of death and burial of every body interred therein, to be kept by the sexton or other officer, open to public inspection.

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