Section 308 of the New York Penal Code, subdivision 3, as amended by chapter 500, Laws 1889, enacts that whenever and so far as the husband, wife, or next of kin of the deceased, being charged by law with the duty of burial, may authorize dissection for the purpose of ascertaining the cause of death and no further, the right exists to dissect the dead human body. The same statute also provides that whenever any district attorney of that State, in the discharge of his official duties, shall deem it necessary, he may exhume, take possession of, and remove the body of a deceased person, or any portion thereof, and submit the same to a proper physical or chemical examination or analysis, to ascertain the cause of death, which examination or analysis will be made on the order of a justice of the Supreme Court of the State, or the county judge of the county in which the dead bodies shall be, granted on the application of the district attorney, with or without notice to the relatives of the deceased person, or to any person or corporation having the legal charge of such body, as the court may direct. The district attorney shall also have power to direct the sheriff, constable, or other peace officer, and employ such person or persons as he may deem necessary to assist him, in exhuming, removing, obtaining possession of, and examining physically or chemically such dead body, or any portion thereof; the expense thereof to be a county charge paid by the county treasurer on the certificate of the district attorney.
The matter of ordering autopsies and dissections of dead bodies, or exhuming the same for that purpose or other purposes, is a matter of so much public importance that it has been regulated in nearly all of the United States by statutory enactments, which together with the other statutes relating to the subject-matter of this article are hereunto appended.
The author of this article is greatly indebted for assistance in preparing the same, and in compiling these statutes, to Mr. Amasa J. Parker, Jr., of the Albany, N.Y., bar.
APPENDIX.
Statutory Regulations Concerning Dead Bodies.
The coroner has power to hold inquest and direct autopsy,
Ala., Code, sec. 4,801 et seq.
Ariz., Pen. Code, sec. 2,309 et seq.
Ark., R. S., sec. 692.
Cal., Pen. Code; sec. 1,510.
Col., Mill’s Stat., sec. 870.
Conn., Gen. Stat., secs. 2,005, 2,008.
Del., R. S., ch. 33.
Fla., R. S., secs. 3,011, 3,019.
Ga., Code, secs. 590, 591, 4,101 et seq.
Idaho, R. S., sec. 8,377.
Ill., S. & C. Am. Stat., v. 1, 606.
Ind., R. S., secs. 5,878, 5,879.
Iowa, McCl. Am. Code, sec. 487.
Kan., Gen. Stat., secs. 1,780, 1,784.
Ky., Gen. Stat., ch. 25, secs. 3, 11.
La., Voorh. Rev. L., sec. 653.
Me., R. S., ch. 139, sec. 1.
Md., Code, art. 22, secs. 3, 4.
Minn., Gen. Stat., sec. 1,011 et seq.
Miss., Am. Code, sec. 816.
Mo., R. L., sec. 2,438 et seq.
Mont., Crim. L., secs. 869, 883.
Neb., Consol. Stat., sec. 3,144.
N. H., Pub. Stat., ch. 262, sec. 1 et seq.
N. J., Rev. Stat., p. 170 et seq.
N. C., Code, sec. 657.
N. Dak., Comp. Laws, sec. 664 et seq.
Ohio, R. L., sec. 1,221 et seq.
Oklahoma, Stat., sec. 1,745 et seq.
Ore., Crim. Code, sec. 453 et seq.
Pa., Bright Pen. Digest, 1536, sec. 37.
R. I., Pub. Laws, 1884, ch. 420, sec. 17.
S. C., R. S., secs. 711, 2,664 et seq.
Tenn., Code, sec. 6,139 et seq.
Va., Code, sec. 2,928 et seq.
Wash., Hill’s Am. Stat., v. 1, sec. 245 et seq.
W. Va., Code, ch. 154.
Wis., S. & B. Am. Stat., ch. 200.
Wyo., R. S., sec. 1,879 et seq.
Medical examiner shall hold inquest and direct autopsy.