[491] Laws of N. Y., Act 1893, c. 661, secs. 23, 31. In New York physicians are also required to attest certificates of the fact of birth for registration (Act 1893, c. 661, secs. 22, 31), and to certify the existence of contagious and infectious diseases (ib., s. 24).
[492] See suggestions on the policy of the New York law in Conn. Mut. L. I. Co. v. Union Tr. Co., 112 U. S., 250; Pearsall v. Elmer, 5 Redf., 181; and contra, Edington v. Mut. L. I. Co., 5 Hun, 1.
[493] A valuable note is appended to this last case, citing the law literature of burial-grounds, burials, etc., and also giving in full the opinion of the Special Term of the New York Supreme Court, in the case of Secord v. Secord, not elsewhere reported. And see also The Law of Burial, 4 Bradf., 503. (Matter of Beekman St.)
[494] Ambrose v. Kerreson, 10 C. B., 776; Bradshaw v. Beard, 12 Com. B., n. s., 344; Johnson v. Marinus, 18 Abb. N. C., 72; Hewitt v. Bronson, 5 Daily, 1; Cunningham v. Reardon, 98 Mass., 538.
[495] In New York State, section 305 of the Penal Code provides: “A person has the right to direct the manner in which his body shall be disposed of after his death; and also to direct the manner in which any part of his body, which had become separated therefrom during his lifetime, shall be disposed of; and the provisions of this chapter do not apply to any case where a person has given directions for the disposal of his body or any part thereof inconsistent with those provisions.” See also Patterson v. Patterson, 59 N.Y., 583; Me. R. S., ch. 13, sec. 1; Minn. Gen. Stats., sec. 6,220; N. D. Comp. Laws. sec. 6,549; Oklahoma Stats., sec. 2,188. See also Williams v. Williams, Law Rpts., 20 Ch. D., 659; 2 Wms. on Exrs., p. 968; Secord v. Secord, supra.
[496] Chappel v. Cooper, 13 M. & W., 252.
[497] Secord v. Secord, supra; Wyncoop v. Wyncoop, 42 Pa. St., 293; Bogert v. Indianapolis, 13 Ind., 135; Snyder v. Snyder, 60 How. Prac., 368; Law of Burial, 4 Bradf., 503.
[498] 1 Bishop Crim. Law, sec. 506; see also Roscoe’s Cr. Ev., 445, 446; Stephens’ Dig. Crim. L., sec. 292; Reg. v. Clark, 15 Cox C. C., 171.
[499] Some of the United States have enacted statutes declaring it to be a misdemeanor to attach or seize under execution a dead body. Arizona Pen. Code, 491, etc.; Cal. Pen. Code, sec. 295; Me. R. S., chap. 124, sec. 26; Mass. Pub. Stat., chap. 207, sec. 46; N. Dak. Comp. Laws, sec. 6,563; Oklahoma Stat., sec. 2,202; R. I. Pub. Stat., sec. 3,222.
[500] So in Meagher v. Driscoll, 96 Am. Dec., 759, it was held that a dead body is not the subject of property, and after burial it becomes a part of the ground to which it has been committed; “Earth to earth, ashes to ashes, dust to dust.”