§ 3074. STATE REGISTRAR, DUTY BUREAU OF VITAL STATISTICS. OF. The state board of health shall maintain, at the city of Sacramento, a bureau of vital statistics for the complete and proper registration of births, marriages and deaths, for legal, sanitary and statistical purposes, which bureau shall be under the supervision of the secretary of the state board of health, who shall be ex officio state registrar of vital statistics, and whose duty it shall be, after consultation with the state board of health, to promulgate and enforce all necessary rules and regulations that may be required to carry out the provisions of this chapter. [Repealing clause.] Sec. 12. All acts and parts of acts in conflict specially repealed. History: Enacted March 12, 1872; amended March 16, 1878, Code § 3075. STATISTICIAN, APPOINTMENT OF. TERM OF OFFICE AND SALARY OF STATISTICIAN. ASSISTANTS AND CLERKS. The state board of health shall appoint a competent statistician to assist the state registrar of vital statistics and such clerical and professional assistants as may be required for the proper discharge of the duties of said registrar. Said statistician shall also be an assistant to the secretary of the state board of health. The statistician so appointed shall hold office at the pleasure of the board and shall receive an annual salary of eighteen hundred dollars payable out of the general fund of the state from money not otherwise appropriated, at the time and in the manner in which state officers are paid. The compensation for clerical and professional assistants shall be fixed by the board and shall be payable from its fund for contingent expenses provided in the general appropriation act. [Repealing clause.] Sec. 12. All acts and parts of acts in conflict specially repealed. History: Enacted March 12, 1872; amended March 18, 1905, Stats. and Applied, cited, construed, referred to, etc., in: Ex parte Keeney, 84 Cal. 304, 309, 24 Pac. Rep. 34 (cited). § 3076. REGISTRY OF MARRIAGES PERFORMED. All persons who perform the marriage ceremony in this state shall within three days after the ceremony file with the county recorder a certificate of registry of the marriage performed by them in such form as may be prescribed by the state registrar which shall contain among other matters as near as can be ascertained, the olace and date of marriage, sex, race, color, age, name and surname, birthplace. residence of the parties married, number of marriage and condition of each, whether single, widowed, or divorced, the occupation of the parties, maiden name of the female, if previously married, the names and birthplace of the parents of each and the maiden name of the mother of each. [Repealing clause.] Sec. 12. All acts and parts of acts in conflict specially repealed. History: Enacted March 12, 1872; amended March 30, 1874, Code Amdts. 1873-4, p. 42; March 18, 1905, Stats. and Amdts. 1905, p. 104. Registry of marriages. See KERR'S CYC. CIV. CODE §§ 73-77. § 3077. REGISTRY OF BIRTHS. Physicians, midwives, nurses and other persons assisting at a birth shall return in writing within five days thereafter to the county recorder of the county where such birth takes place in such form as may be prescribed by the state registrar a certificate of registry of such birth which shall contain among other matters, the time and place of such birth, name, sex, race and color of the child, the name, residence, age, birthplace and occupation of the parents and the maiden name of the mother, and whether born in or out of wedlock, and such other information as may be required by the state registrar. Provided, however, that in cities having a freeholders charter the health officer shall act as local registrar and perform all the duties thereof. In case the child is not named the recorder or registrar of such locality shall deliver to such parent, next of kin, physician, midwife or other person furnishing such certificate of birth a supplementary blank for report of given name, which shall be filled out and returned as soon as the child shall be named. In case there shall be no physician, midwife, or nurse attending at such birth, then, it shall be the duty of the parents of any child born in this state (and if there be no parent alive, then the next of kin of said child) within ten days after such birth to report in writing to the recorder of the county or health officer of cities having a freeholders charter where such birth takes place, in such form as may be prescribed by the state registrar, the date, place and residence, name, sex, race, and color of such child, and the names, residence, birthplace and age of the parents, their occupations, and the maiden name of the mother, and whether born in or out of wedlock, and such other information required by the state registrar. [Repealing clause.] Sec. 12. All acts and parts of acts in conflict specially repealed. History: Enacted March 12, 1872; amended March 16, 1878, Code Amats. 1877-8, p. 60; March 18, 1905, Stats. and Amdts. 1905, pp. 104-105. Applied, cited, construed, referred to, etc., in: Ex parte Keeney, 84 Cal. 304, 309, 24 Fac. Rep. 34 (cited). § 3078. COUNTY RECORDER, DUTY OF. DUTY OF HEALTH OFFICER. It shall be the duty of every county recorder to receive without fee or charge each certificate of registry of marriage and birth; provided, however, that in cities having a freeholders charter the health officer shall act as local registrar for births, and shall receive, without fee or charge, each certificate of birth and enter the same in the same manner as provided for the county recorder; to enter the same in separate registers to be known as the "Register of Marriages," and the "Register of Births," in separate columns, properly §§ 3079-3080 (744) FEE OF RECORDER, ETC.-BLANKS AND INSTRUCTIONS. [Pt. III. headed, the various facts contained in the certificates and the name and official or clerical position of the person making the report. The recorder or health officer must carefully examine each report, and register the same marriage, or birth but once, although it may be reported by different persons. The certificates shall be numbered by him and entered in the order in which they are reported to him. On or before the fifth day of each month each recorder, or health officer, shall transmit by United States mail, carefully inclosed in appropriate envelopes or wrappers, addressed to the state registrar at Sacramento, or shall personally deliver to him at his office in Sacramento, on or before the fifth day of each month, the original certificates of births and marriages filed with him during the preceding month, and shall accompany said certificates with a brief statement of the number of such certificates, and the dates of their receipt. The state registrar shall thereupon file said original certificates of marriage[s] and births, and cause the same to be separately and systematically indexed. [Repealing clause.] Sec. 12. All acts and parts of acts in conflict specially repealed. History: Enacted March 12, 1872; amended March 18, 1905, Stats. and § 3079. FEE OF RECORDER AND HEALTH OFFICER. For their services as required by section three thousand and seventy-eight of this code, county recorders, or health officers of cities having a freeholders charter, shall, in addition to their compensation for the other duties of their office, be allowed by the board of supervisors, ten cents for each name registered and reported to the state registrar, which sum shall be paid out of the general fund of the county upon warrants issued quarterly and signed by the county auditor and approved by the state registrar, which warrants shall specify the number of certificates of marriages and births properly registered and filed with the state registrar. [Repealing clause.] Sec. 12. All acts and parts of acts in conflict specially repealed. History: Enacted March 12, 1872; amended March 16, 1878, Code § 3080. STATE REGISTRAR TO PREPARE BLANK FORM AND INSTRUCTIONS. The state registrar shall prepare a sample form and blank for use in registering, recording and preserving the reports of marriages and births, and shall prepare and issue such detailed instructions as may be required to secure the uniform observance of its provisions and the maintenance of a perfect system of registration, and no other forms of blanks shall be used than those prescribed by the state registrar. [Blanks to be furnished by supervisors.] Printed blanks in the form prescribed by the state registrar for the registration of marriages and births shall be furnished to each recorder or health officer by the board of supervisors of each county or city and county in sufficient quantities, and each recorder or health officer shall furnish without charge a sufficient number of copies to each applicant upon whom is imposed the duty of certifying to a marriage or birth. [Repealing clause.] Sec. 12. All acts and parts of acts in conflict specially repealed. History: Enacted March 12, 1872; amended March 18, 1905, Stats. and § 3081. STATE REGISTRAR MAY REQUIRE FURTHER INFORMATION. The state registrar shall carefully examine the certificates of marriages and births received monthly from the county recorders or health officers, and if any such are incomplete or unsatisfactory, he shall require such further information to be furnished as may be necessary to make the record satisfactory. All physicians, clergymen, judges, midwives, nurses, parents, or other informants upon whom the duty is imposed of certifying to marriages or births, and all other persons having knowledge of the facts, are required to furnish such information as they may possess regarding any marriage or birth upon demand of the state registrar, in person by mail or through the local recorder. Whenever it may be alleged that the facts are not correctly stated in any certificate of marriage or birth theretofore registered, the county recorder shall require a deposition under oath to be made by the person asserting the fact, to be supported by the depositions of two or more credible persons having knowledge of the facts, setting forth the change necessary to make the record. correct. Having received such depositions, he shall file them and shall then draw a line through the incorrect statement or statements in the certificate, without erasing them, and make the necessary corrections, noting on the margin of the certificate his authority for so doing, and transmit the deposition, attached to the original certificate, when making his regular monthly returns to the state registrar. If the correction relates to a certificate previously returned to the state registrar, he shall transmit the deposition forth. with 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 immediately transmit a certified copy of the original certificate, corrected as above, to the county recorder, 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. [Repealing clause.] Sec. 12. All acts and parts of acts in conflict specially repealed. History: Enacted March 12, 1872; amended March 16, 1878, Code Amdts. 1877-8, pp. 60-61; March 18, 1905, Stats. and Amdts. 1905, pp. 106-107. § 3082. PENALTY FOR FAILURE TO PERFORM DUTY. Any officer or person upon whom a duty is imposed under this chapter who fails, neglects or refuses to perform any of the duties imposed upon him under this chapter or by the instructions and directions of the state registrar shall be deemed guilty of a misdemeanor and upon conviction shall be punished in the same manner as other misdemeanors provided in the Penal Code. [Repealing clause.] Sec. 12. All acts and parts of acts in conflict specially repealed. History: Enacted March 12, 1872; amended March 18, 1905, Stats. and § 3083-3094 (746) COPY OF RECORDS-BODIES FOR DISSECTION. [Pt. III § 3083. STATE REGISTRAR TO FURNISH CERTIFIED COPIES OF RECORDS. The state registrar shall upon request furnish any applicant a certified copy of the record of any marriage or birth registered under the provisions of this chapter, for the making and certification of which he shall be entitled to a fee of fifty cents to be paid by the applicant. Any such copy of the record of a marriage or birth 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 shall deposit all fees with the state treasurer. [Repealing clause.] Sec. 12. All acts and parts of acts in conflict specially repealed. History: Enacted March 16, 1878, Code Amdts. 1877-8, p. 61; amended $3084. PERMIT FOR BURIAL (repealed). History: Enacted March 10, 1885, Stats. and Amdts. 1885, p. 55; amended February 25, 1889, Stats. and Amdts. 1889, pp. 36-37; repealed March 18, 1905, Stats. and Amdts. 1905, p. 107. 1. Applied, cited, construed, referred to. 2. Duty and liability of officer. 1. Applied, cited, construed, referred to, etc., in: Ex parte Keeney, 84 Cal. 306, 309, 310, 24 Pac. Rep. 34 (cited). 2. Duty and liability of officer.-Before issuing his permit it is duty of officer to demand, receive, and file proper certificate of death prescribed by statute. Upon its receipt it is equally his duty to issue permit. For violation of his duty in either of these respects he is liable to be proceeded against for removal from office under proper statute, and is punishable for misdemeanor under § 378 of Penal Code.Ex parte Keeney, 84 Cal. 304, 310, 24 Pac. Rep. 34. CHAPTER IV. §3093. Physicians, etc., may obtain dead bodies. §3094. Sheriff, etc., to surrender bodies to physicians, when. § 3095. Physicians, etc., to have certificate from medical society. § 3093. PHYSICIANS, ETC., MAY OBTAIN DEAD BODIES. Any physician or surgeon of this state, or any medical student under the authority of any such physician or surgeon, may obtain, as hereinafter provided, and have in his possession human dead bodies, or the parts thereof, for the purposes of anatomical inquiry or instruction. History: Enacted March 12, 1872, founded upon §1 Act March 26, 1870, Stats. 1869-70, p. 405. Disinterring body without permit.-See HENNING'S GENERAL LAWS pp. 90-96. Penalty for removing body for dissection. -See KERR'S CYC. PEN. CODE 291. Violation of burial and the remains of the dead. See KERR'S CYC. PEN. CODE § 290 et seq. $3094. SHERIFF, ETC., TO SURRENDER BODIES TO PHYSICIANS, WHEN. Any sheriff, coroner, keeper of a county poorhouse, public hospital, county jail, or state prison, or the mayor or board of supervisors of the city |