Historic
CALIFORNIA CEMETERY LAWS




1899

Chapter XL.
An act supplemental to an act entitled "An act to authorize the Incorporation of Rural Cemetery Association," approved April 28, 1859, authorizing such association to erect, purchase, or lease buildings and furnaces and other works for cremation of human bodies; also, to erect or lease buildings in which shall be entombed only the ashes of cremated dead, to make provision for the care of the burial places and ashes of the dead; also, to provide for the cremation of the unclaimed dead and bodies liable, if interred, to spread disease.  [Approved March 1, 1899.]

The people of the state of California, represented in Senate and Assembly, do enact as follows:

     Section 1.    Associations incorporated under the act of which this act is supplementary, shall, in addition to the powers granted by said act, have authority to purchase, lease, or erect buildings and appliances to be used exclusively for the purpose of cremating human bodies, and they may purchase, or lease, and hold land necessary for cremation purposes, or for the erection of columbariums for the entombing of the ashes of the cremated, when inclosed in metal, or stone, or cement vessels, and not otherwise; but no uncremated body shall be interred or placed for any time whatever inside of the walls, or in the walls, of a place where the ashes of the cremated are deposited.
     Sec. 2.    Such associations shall invest their funds and use the proceeds thereof, after current expenses are paid, for the perpetual care of grounds, lots, buildings, and niches, according to contracts made and to be made with patrons, and in conducting its business such association shall have the same powers granted by law to corporations in general; provided, they shall have no authority to contract any pecuniary obligation whatever, nor shall they have power to levy or collect assessments.
     Sec. 3.    In case of epidemics or the prevalence of contagious diseases, or otherwise, the proper authorities of any county, city and county, city, or town, may order the unclaimed or unknown dead, and the dead who die in public institutions under the control of any county, city and county, city, or town, and the dead commonly buried at public expense, cremated, and their ashes immured or otherwise preserved in receptacles in columbariums, or interred in burial places; and human bodies, and parts of bodies, used in medical or other schools (except specimens to be preserved) shall not be cast into the waters of the state, nor on the ground, nor in receptacles for refuse matter, nor in vaults, nor in sewers but shall either be buried as deep in the ground as is by law required for dead bodies, or cremated, as in this act provided.  But the remains of a person shall not be cremated by compulsion, under the provisions of this section, if he or his family, or any member thereof, or his church or spiritual adviser objects.
     Sec. 4.    A violation of any of the provisions of this act is a misdemeanor.
     Sec. 5.    This act shall be in force from the day of its passage.

  [Repealed by Section 32 of Chapter 1148, commonly known as the General Cemetery Act, approved June 19, 1931, and enacted August 14, 1931.]

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