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town clerk, alderman

§ 837. Each town clerk and alderman shall, Duty of within fifteen days, record such report in a book and county

to be kept by him for the purpose, and transmit a copy or abstract, in such form as the secretary of state prescribes, to the county clerk; who shall, within fifteen days, transmit a certified abstract in the like form to the secretary of state.

§ 838. The district, town, city and county officers shall receive, from their respective counties, such compensation for these services as the boards of supervisors may determine; except that in the city of New York the fee for recording a birth or a marriage shall not exceed ten cents, and the fee for the latter shall be paid by the person reporting it. Every person solemnizing a marriage in that city may require a fee of one dollar from the parties, out of which he shall pay for recording it.


Fees of


§ 839. Any person who neglects compliance with Penalty or violates any provision of this chapter relating to the city of New York, is liable to a penalty of fifty dollars, to be recovered by the mayor, aldermen and commonalty, and one-half thereof to be paid to the person making complaint.

Title to cemetery grounds.

Cemeteries in towns divided.


of birds.



SECTION 840. Title to cemetery grounds.
841. Cemeteries in towns divided.

842. Protection of birds.

843. Public ways through cemeteries.
844. Village cemeteries.

§ 840. The title to any land, which was used by the inhabitants of any town as a cemetery for fourteen years immediately before the first day of January, eighteen hundred and thirty, shall be deemed to be vested in the town in which it lies, and is subject as other town property to the government and direction of the electors in town meeting. But the same shall never be used for any other purpose than a public cemetery.

1 R. S., 669, § 1; 2 Ib., 974, § 8.

§ 841. Any cemetery, the property of a town which is to be divided or altered, shall not be included among the property to be apportioned, or otherwise disposed of, but the same shall belong to the town in which it is situated after the division or alteration.

1 R. S., 644, § 9.

§ 842. Any person who kills, wounds or catches any bird, or destroys or removes any bird's nest, or eggs or young birds therein, within any cemetery, or in any place within two miles of the inclosure of

Greenwood cemetery in the county of Kings, and any person who knowingly buys or sells or has on sale any bird so killed or caught, is guilty of a misdemeanor, and is punishable by a fine of five dollars for every bird, nest, eggs or young so meddled with, to be recovered in any justice's court of the county where the offense is committed, by the person making complaint, and for the use of the poor of the county.

Laws of 1853, ch. 629; as amended by Laws of 1855, ch. 564.



843. No public way shall be laid out through Public any part of a cemetery, during the time it is in use cemeteries. as such, without the consent of the trustees of the cemetery.

1 R. S., 1198, § 10, last clause.


§ 844. Further provisions respecting cemeteries Village in villages are contained in chapter V of title V of part IV of this Code.



SECTION 845. What remains may be delivered for dissection.

846. Remains may be reclaimed.

847. Restrictions on use.

848. Final burial,

From Laws of 1854, ch. 123.

§ 845. In cities of over thirty thousand popula- what re

tion the remains of deceased persons which have

not been buried, and have not, within twenty-four

mains may be deliver

ed for dis


Remains may be re claimed.

Restrictions on use.

Final burial

hours after death, been requested by any relative or friend for burial, may be delivered to professors and teachers of medical schools in this state for the uses of medical and surgical study; but no remains of a person detained for debt or as a witness, or on suspicion of crime, or of any traveler, or of any person who expressed a desire, in his last sickness, that his remains be buried, shall be so delivered, but shall be buried in the usual manner; and no remains of a person known to have any relative or friend shall be so delivered, without their consent.

§ 846. Any remains that have been so delivered shall be given up at any time to any relative or friend claiming them.

847. Such remains shall be used for no other purpose than medical and surgical study, and shall not be in any manner trafficked in nor removed out of the state. Any person who violates any provision of this or the two preceding sections, or who knowingly receives any remains delivered up in violation of any such provision, is guilty of a misdemeanor.

§ 848. Those to whom such remains are so delivered shall after such uses bury the same decently in a public cemetery, under penalty of not less than twenty-five nor more than fifty dollars for each neglect, to be recovered by the health officer of the place for the benefit of his department.



SECTION 849. Service of process, &c. 850. Recreations and traveling.

851. Selling on Sunday.

852. Observance of Saturday.

853. Service of process on persons who observe Saturday.

854. Prosecution of offenders.

855. Limitation.

856. Collection of penalties.

857. Certificate of conviction, &c., to be filed.
858. Costs.

process, &c.

§ 849. No papers shall be served, and no pro- Service of cess, judgment or order, of any court or officer of justice shall be served or executed on Sunday, except in cases of breach or apprehended breach of the peace, or for the apprehension of persons charged with crimes, misdemeanors, and except in cases specially authorized by law. A person violating this section is liable in damages therefor to the injured party.

2 R. S., 83, § 65.

and traveling.

§ 850. There shall be no shooting, hunting, Recreations fishing, sporting, playing, horse-racing, gaming, frequenting of tippling-houses, or any unlawful exercises or pastime on Sunday; nor shall any person travel on that day, unless in cases of charity or necessity, or in going to or returning from some place of worship within twenty miles, or in going for medical aid or for medicines and

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