When facts are not

stated.

tions in

ported by the depositions of two or more credible persons having knowledge of the facts, setting forth the changes correctly necessary to make the record correct. Having received such depositions, he shall file them and shall then draw a line Filing of deposithrough the incorrect statement or statements in the certifi- tions. cate, without erasing them, and make the necessary corrections, noting on the margin of the certificate his authority Correcfor so doing, and transmit the deposition, attached to the certificate, original certificate, when making his regular monthly returns how made. to the state registrar. If the correction relates to a certificate previously returned to the state registrar, he shall transmit the deposition forthwith to the state registrar. If the correction is first made upon the original certificate on file in the state bureau of vital statistics, the state registrar shall transmit a certified copy of the original certificate, corrected as above, to the local registrar, who shall thereupon substitute such certified copy for the copy of the certificate in his records. All such corrections and marginal notes referring to them shall be legibly written in ink, typewritten or printed.

tion of

SEC. 14. Each local registrar shall be entitled to be paid Fee of local the sum of not exceeding twenty-five cents for each death registrar. certificate properly and completely made out and registered with him, and by him returned to the state registrar on or before the eighth day of the following month, which sum shall cover and include the making out of the burial permit and the copy of the certificate to be filed and preserved in his office. And in case no deaths were registered during any month, the local registrar shall be entitled to a sum not exceeding twenty-five cents for each report to that effect, promptly made in accordance with the directions of the state registrar: provided, however, that all such compensation for such services shall be fixed by the board of supervisors, compensacity council, or other governing body of such local registration district. All amounts payable to registrars under the registrar, provisions of this act shall be paid by the treasurer or other lawful officer, out of the funds of each registration district, upon warrants drawn by the local auditor or other proper local officer of such district, which warrants shall specify the number of certificates properly registered and reports promptly returned where no deaths are registered, with the amount due for each: provided, however, that no warrant shall be issued to any local registrar, or, if issued, shall be paid where notice is previously given by the state registrar to the auditor, treasurer or other proper officer of such registration district that the local registrar has failed to comply with the rules and regulations of the state bureau of vital statistics and the instructions of the state registrar.

how fixed.

How paid.

1

SEC. 15. The state registrar shall, upon receipt, furnish state regisany applicant a certified copy of the record of any death trar to registered under provisions of this act, for the making and certified certification of which he shall be entitled to a fee of fifty records.

tified copy.

Fee for search of records.

Fee for cer- cents, to be paid by the applicant. And any such copy of the record of a death, when properly certified by the state registrar to be a true copy thereof, shall be prima facie evidence in all courts and places of the facts therein stated. For any search of the files and records, when no certified copy is made, the state registrar shall be entitled to a fee of fifty cents for each hour or fractional hour of time of search to be paid by the applicant. And the state registrar shall keep a true and correct account of all fees by him received under these provisions, and turn the same over to the state

Physicians and under

treasurer.

SEC. 16. Every physician and undertaker, residing in, at takers to the date of this act or thereafter establishing a residence in, registercal any registration district, shall forthwith register his or her registrars. name, address, and occupation, with the local registrar of

Rules

the district in which he or she resides, and they shall therefurnished upon be furnished by the registrar a copy of this act and by local such rules, regulations, and instructions as may be prepared registrars. by the state registrar with relation to their duties under this

attending

act.

Neglect of SEC. 17. If any physician who was in medical attendance physician; upon any deceased person at the time of death shall neglect penalty. or refuse to make out and deliver to the undertaker, sexton,

Neglect of under

penalty.

or other person in charge of the interment, removal, or other disposition of the body, upon request, the medical certificate of cause of death hereinbefore provided for, or shall willfully or knowingly make a false certification of the cause of death in any case, he shall be deemed guilty of a misdemeanor. If any undertaker, sexton, or other person

taker, etc.; acting as undertaker shall inter, remove, or otherwise dispose of the body of any deceased person without having received a burial or removal permit as herein provided, he Neglect of shall be deemed guilty of a misdemeanor. Any registrar, registrars; deputy registrar or subregistrar who shall neglect or fail

penalty.

Violation

to enforce the provisions of this act in his district, or shall neglect or refuse to perform any of the duties imposed upon him by this act or by the instructions and directions of the state registrar, shall be deemed guilty of a misdemeanor. And any person or persons who shall violate any of the pro

of this act; visions of this act, or shall willfully neglect or refuse to

perform any duties imposed upon them by the provisions of this act, shall be deemed guilty of a misdemeanor. Any transportation company or common carrier transporting or carrying, or accepting through its agents or employés for transportation or carriage, the body of any deceased person without an accompanying permit, issued in accordance with the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty nor more than two hundred dollars.

registrars

with the

of law.

SEC. 18. Local registrars are hereby charged with the Local strict and thorough enforcement of the provisions of this charged act in their districts under the supervision and direction of enforcethe state registrar. They shall make an immediate report to ment the state registrar of any violations of this law coming to their notice by observation or upon complaint of any person or otherwise. The state registrar shall have authority to investigate cases of irregularity or violation of law, personally or by accredited representative, and all registrars shall aid him, upon request, in such investigations. When he shall deem it necessary, he shall report cases of violation of any of the provisions of this act to the prosecuting attorney or other proper officer of the county or municipality, with a statement of the facts and circumstances, and when any such case is reported to them by the state registrar all prosecuting attorneys or officials acting in such capacity shall forthwith initiate and promptly follow up the necessary court proceedings against the parties responsible for the alleged violations of law.

SEC. 19. All acts and parts of acts in conflict or inconsistent with the provisions of this act are hereby repealed.

STATUTES 1905, CHAPTER CCCXLVI.-An act to amend Chapter I of an act entitled "An act to provide for the organization, incorporation and government of municipal corporations," approved March 13, 1883, and acts amendatory thereof, by adding a new section thereto, to be numbered section 9, relating to the powers and duties of city clerks and city recorders, respecting the registration of deaths and the issuance and registration of burial and disinterment permits.

[Approved March 20, 1905.]

The people of the State of California, represented in senate and assembly, do enact as follows:

corpora

SECTION 1. Chapter I of an act entitled "An act to pro- Municipal vide for the organization, incorporation and government of tions. municipal corporations" approved March 13, 1883, and acts amendatory thereof, is hereby amended by adding a new section thereto, to be numbered section 9 thereof, to read as

follows:

and

Section 9. The city clerk of each municipal corporation City clerk and the city recorder of each municipal corporation where recorder, there is no city clerk shall have the powers and shall performation the duties of a registrar within such municipality which are to registraprescribed and required by the provisions of an act entitled, deaths, etc. "An act for the registration of deaths, the issuance and registration of burial and disinterment permits, and the establishment of registration districts in counties, cities and counties, cities, and incorporated towns, under the superintendence of the state bureau of vital statistics and prescribing the powers

and duties of registrars, coroners, physicians, undertakers, sextons and other persons in relation to such registration and fixing penalties for the violation of this act."

SEC. 2. All acts and parts of acts in conflict or inconsistent with this act are hereby repealed.

SEC. 3. This act shall take effect March 31st, 1905.

PENAL CODE.

Part I Of Crimes and Punishments.

Willful

violation of regis

tration

TITLE X-OF CRIMES AGAINST THE PUBLIC HEALTH AND

SAFETY.

$377. Willful violation of registration and health laws.

§ 377. Every person who is charged with a duty relating to the registration of deaths, under chapter three, title

and health seven, of the act to establish a Political Code, approved

laws.

March twelfth, 1872, and amended March 18 and 20, 1905 (Stats. 1905, Chs. CX, CXIX and CCCXLVI), who—

1. Willfully fails to keep a registry of the name, age, residence, and time of death of a decedent; or,

2. Willfully fails to register with the county recorder a certified copy of such register, as is provided for in said chapter; or,

3. Willfully inters, cremates, or otherwise disposes of any human body, in any city, county, or city and county, without having first obtained a permit, as provided for in said chapter; or,

4. Willfully grants a permit for the interment, cremation, or disposition of a dead human body, without the certificate provided for in said chapter; or,

5. Willfully violates any of the laws of this state relating to the preservation of the public health;

Is guilty of a misdemeanor, and is, unless a different punishment for such violation is prescribed by this code, punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment.