§ 305. Right to direct disposal of one's own body after death, 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 becomes 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.

Rowland v. Miller, 39 N. Y. State Rep'r, 117; 15 N. Y. Supp. 703.

§ 306. Duty of burial. - Except in the cases in which a right to dissect it is expressly conferred by law, every dead body of a human being, lying within this state must be decently buried within a reasonable time after death.

Rowland v. Miller, 39 N. Y. State Rep'r, 117; 15 N. Y. Supp. 703. See 10 Cent. L. J. 303, 325; Johnston v. Marinus, 18 Abb. N. C. 72; Rex v. Vantaudillo, 4 M. & S. 73; Wolcott v. Melick, 3 Stockt. 209; Clark v. Lawrence, 6 Jones Eq. (N. C.) 83; Barnes v. Hathon, 54 Me. 124. Windt v. German Ref. Ch., 4 Sandf. Ch. 471; Snyder v. Snyder, 60 How. 368, Patterson v. Patterson, 59 N. Y. 583; Copper's case, 58 How. 55; Rousseau v. City of Troy, 49 id. 492; Matter of Beekman St., 4 Bradf. 503; Dwenger v. Geary, 113 Ind. 113; Weld v. Walker, 130 Mass. 422.

§ 307. Burial in other states.-- The last section does not impair any right to carry the dead body of a human being through this state, or to remove from this state the body of a person dying within it, for the purpose of burying the same elsewhere.

§308. Dissection, when allowed. - The right to dissect the dead body of a human being exists in the following cases:

1. In the cases prescribed by special statutes;

2. Whenever a coroner is authorized by law to hold an inquest upon the body, so far as such coroner authorizes dissection for the purposes of the inquest, and no further;

3. 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.

4. Whenever any district attorney in this 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, and the same shall be made on the order of any justice of the supreme court of this state, or the county judge of the county in which such dead body shall be, which order shall be made 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. Said district attorney shall have power to direct the sheriff, constable or other peace officer in this state, or to 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 therefor shall be a county charge, to be paid by the county treasurer on the certificate of the district attorney. [AMD. CH. 500 of 1889.]

People v. Fitzgerald, 105 N. Y. 152; 5 N. Y. Cr. 335, rev'g 43 Hun, 35; Crisfield v. Perine, 15 id. 202; aff'd, 81 N. Y. 622.

§309. Unlawful dissection a misdemeanor. - A person who makes, or causes or procures to be made, any dissection of the body of a human being, except by authority of law, or in pursuance of a permission given by the deceased, is guilty of a misdemeanor.

§ 310. Remains after dissection must be buried. In all cases in which a dissection has been made, the provisions of this chapter, requiring the burial of a dead body, and punishing interference with or injuries to it, apply equally to the remains of the body dissected, as soon as the lawful purposes of such dissection have been accom. plished.

$311. Body stealing. - A person who removes the dead body of a human being, or any part thereof, from a grave, vault, or other place, where the same has been buried, or from a place where the same has been deposited while awaiting burial, without authority of law, with intent to sell the same, or for the purpose of dissection, or for the purpose of procuring a reward for the return of the same, or from malice or wantonness, is punishable by imprisonment for not more than five years, or by a fine not exceeding one thousand dollars, or both.

What constitutes. Tate v. State, 6 Blackf. 110; Rhodes v. Brandt, 21 Hun, 1; People v. Fitzgerald, 105 N. Y. 151; 59 Am. Rep. 483; 5 N. Y. Cr. 335; People v. Dalton, 58 Cal. 226.

§312. Receiving stolen body. - A person who purchases, or receives except for the purpose of burial, the dead body of a human being, or any part thereof, knowing that the same has been removed contrary to the last section, is punishable by imprisonment for not more than three years.

§313. Opening grave. - A person who opens a grave or other place of interment, temporary or otherwise, or a building wherein the dead body of a human being is deposited while awaiting burial, without authority of law, with intent to remove the body, or any part thereof, for the purpose of selling it or demanding money for the same, or for the purpose of dissection, or from malice or wantonness, or with intent to steal or remove the coffin or any part thereof, or anything attached thereto, or any vestment, or other article interred, or intended to be interred with the dead body, is punishable by imprisonment for not more than two years, or by a fine of not more than two hundred and fifty dollars or by both.

Rhodes v. Brandt, 21 Hun, 1; Coates v. New York City, 7 Cow. 585; Wynkoop v. Wynkoop, 42 Penn. St. 293; Craig v. Presbyterian Ch., 88 id. 42; Com. v. Cooley, 10 Pick. 39; Town of Lake View v. Rose Hill Cem. Co., 70 III. 191; Pierce v. Cem. Co., 10 R. I. 227.

§ 314. Arresting or attaching a dead body. - A person who ar rests or attaches the dead body of a human being upon any debt o demand whatever, or detains or claims to detain it for any debt on demand, or upon any pretended lien or charge, is guilty of a misde

meanor.

Rowland v. Miller, 39 N. Y. State Rep'r, 117; 15 N. Y. Supp. 703.

§ 315. Disturbing funerals. A person who, without authority of law, obstructs or detains any persons engaged in carrying or accom. panying the dead body of a human being to a place of burial, is guilty of a misdemeanor.

CHAPTER VII.

INDECENT EXPOSURES, OBSCENE EXHIBITIONS, BOOKS, AND PRINTS,

AND BAWDY AND OTHER DISORDERLY HOUSES.

SEC. 316. Exposure of person.

317. Possessing, etc., obscene prints.

318 Indecent articles, etc.

319. Mailing, carrying obscene print, etc.

320. Warrant to sheriff to search, etc.

321. Physician's instruments.

322. Keeping disorderly houses, etc.

§ 316. Exposure of person. - A person who willfully and lewdly exposes his person, or the private parts thereof, in any public place, or in any place where others are present, or procures another so to expose himself, is guilty of a misdemeanor.

What is a public place. People v. Bixby, 4 Hun, 636; 67 Barb. 221. Intent material. Miller v. People, 5 Barb. 203. Ill. See State v. Millard, 18 Vt. 574. Indecent exposure, what is. Com. v. Wardell (Mass.), 19 Alb. L. J. 135; 128 Mass. 52; 35 Am. Rep. 357; Van Houten v. State, 46 N. J. L. 16; 50 Am. Rep. 397; Reg. v. Willard, 36 Eng. Rep. 610.

$317. Obscene prints. A person who sells, lends, gives away or shows, or offers to sell, lend, give away or show, or has in his possession with intent to sell, lend or give away, or to show, or advertises in any manner, or who otherwise offers for loan, gift, sale or distribution, any obscene, lewd, lascivious, filthy, indecent or disgusting book, magazine, pamphlet, newspaper, story paper, writing, paper, picture, drawing, photograph, figure, or image, or any written or printed matter of an indecent character; or any article or instrument of indecent or immoral use, or purporting to be for indecent or immoral use or purpose, or who designs, copies, draws, photographs, prints, utters, publishes, or in any manner manufactures, or prepares any such book, picture, drawing, magazine, pamphlet, newspaper, story paper, writing, paper, figure, image, matter, article or thing, or who writes, prints, publishes, or utters, or causes to be written, printed, published, or uttered, any advertisement or notice of any kind, giving information, directly or indirectly, stating, or purporting so to do, where, how, of whom, or by what means any, or what purports to be any, obscene, lewd, lascivious, filthy, disgusting or indecent book, picture, writing, paper, figure, image, matter, article or thing, named in this section can be purchased, obtained or had, or who has in his possession, any slot machine or other mechanical contrivance with moving pictures of nude or partly denuded female figures which pictures are lewd, obscene, indecent or immoral or other lewd, obscene, indecent or immoral drawing, image, article or object, or who shows, advertises or exhibits the same, or causes the same to be shown, advertised or exhibited, or who buys, owns or holds any such machine with the intent to show, advertise or in any manner exhibit the same, or who, [AMENDED BY CHAP. 731 OF 1900. In effect May 1, 1900.]

2. Prints, utters, publishes, sells, lends, gives away or shows, or has in his possession with intent to sell, lend, give away or show, or otherwise offers for sale, loan, gift or distribution, any book, pamphlet, magazine, newspaper or other printed paper devoted to the publication, and principally made up of criminal news, police reports, or accounts of criminal deeds, or pictures, or stories of deeds of bloodshed, lust or crime; or who

3. In any manner, hires, employs, uses or permits any minor or child to do or assist in doing any act or thing mentioned in this section, or any of them is guilty of a misdemeanor, and, upon conviction, shall be sentenced to not less than ten days nor more than one year imprisonment, or be fined not less than fifty dollars nor more

than one thousand dollars, or both, for each offense. [AMD. CH. 380 of 1884; 692 of 1887.]

See § 297, supra; Willis v. Warren, 1 Hilt. 590. Evidence of sales of similar pictures by others, immaterial. People v. Muller, 19 W. Dig 256; 2 Ν. Υ. Cr. 279; id. 375; 32 Hun, 209; aff'd, 96 N. Y. 408; People v. Hallenbeck, 52 How. 502; United States v. Stenker, 32 Fed. Rep'r, 693; Same v. Bennett, 16 Blatchf, 338; State v. Brown, 27 Vt. 619; State v. Millard, 18 id. 574; Com. v. Holmes, 17 Mass. 336, Com. v. Landis, 8 Phila. 453; McNair v. People, 98 Ill. 441; State v. Pennington, 2 Lea, 506.

§ 318. Indecent articles. - A person who sells, lends, gives away, or in any manner exhibits or offers to sell, lend or give away, or has in his possession with intent to sell, lend or give away, or advertises, or offers for sale, loan or distribution, any instrument or article, or any recipe, drug or medicine for the prevention of conception, or for causing unlawful abortion, or purporting to be for the prevention of conception, or for causing unlawful abortion, or advertises, or holds out representations that it can be so used or applied, or any such description as will be calculated to lead another to so use or apply any such article, recipe, drug, medicine or instrument, or who writes or prints or causes to be written or printed, a card, circular, pamphlet, advertisement or notice of any kind, or gives information orally, stating when, where, how, of whom, or by what means such an instrument, article, recipe, drug or medicine can be purchased or obtained, or who manufactures any such instrument, article, recipe, drug or medicine, is guilty of a misdemeanor, and shall be liable to the same penalties as provided in section 317 of this Code. [AMD. CH. 692 of 1887.]

§ 319. Mailing, carrying obscene print, etc.- A person who deposits, or causes to be deposited, in any post-office within the state, or places in charge of an express company, or of a common carrier, or other person, for transportation, any of the articles or things specified in the last two sections, or any circular, book, pamphlet, advertisement, or notice relating thereto, with the intent of having the same conveyed by mail or express, or in any other manner, or who knowingly or willfully receives the same, with intent to carry or convey, or knowingly or willfully carries or conveys the same, by express, or in any other manner except in the United States mail, is guilty of a misdemeanor.

§320. Warrant to sheriff to search, etc. - A magistrate having jurisdiction to issue warrants in criminal cases, upon complaint that any person within his jurisdiction is offending against the provisions of this chapter, supported by oath or affirmation, must issue a warrant, directed to the sheriff or to any constable, marshal, or police officer within the county, directing him to search for, seize, and take possession of any of the articles specified in this chapter, in the possession of the person against whom complaint is made. The magistrate must immediately transmit every article seized by virtue of the warrant, to the district attorney of the county, who must, upon the conviction of the person from whose possession the same was taken, cause it to be destroyed, and the fact of such destruction to be entered upon the records of the court in which the conviction is had.

§ 321. Physician's instruments.--- An article or instrument, used or applied by physicians lawfully practicing, or by their direction or prescription, for the cure or prevention of disease, is not an article of indecent or immoral nature or use, within this chapter. The supplying of such articles to such physicians or by their direction or prescription, is not an offense under this chapter.

§ 322. Keeping disorderly houses. - A person who keeps a house of ill-fame or assignation of any description, or a house or place for persons to visit for unlawful sexual intercourse, or for any lewd, obscene or indecent purpose, or disorderly house, or a house commonly known as a stale beer dive, or any place of public resort by which the peace, comfort, or decency of a neighborhood is habitually disturbed, or who, as agent or owner, lets a building or any portion of a building, knowing that it is intended to be used for any purpose specified in this section, or who permits a building or a portion of a building to be so used, is guilty of a misdemeanor. This section shall be construed to apply to any part or parts of a house used for any of the purposes herein specified. [AMD. CH. 690 of 1887.]

See $ 385, sub. 2, post. Jacobowsky v. People, 6 Hun, 524; S. C., 64 N. Y. 659; Barnesciotta v. People, 10 Hun, 37; S. C., 69 N. Y. 612; People v. Carey, 1 Sheld. 573; 4 Park. 238; Lowenstein v. People, 54 Barb. 299; People v. Erwin, 4 Den. 129; Abrahams v. State, 4 Iowa, 541; 6 id. 117; State v. Evans, 5 Ired. 603. What constitutes. People, ex rel. Van Houton, v. Sadler, 97 N. Y. 146; King v. People, 83 id. 590; 11 W. Dig. 392; People v. Miller, 38 Hun, 83; 3 N. Y. Cr. 480; People v. Mauch, 24 How. 276; Lawton v. Steele, 119 N. Y. 239; Ely v. Supervisors, etc., 36 N. Y. 297; Moody v. Same, 46 Barb. 659; Arras v. Richardson, 24 N. Y. State Rep'r, 743; 5 N. Y. Supp. 755; People v. Wallach, 39 N. Y. State Rep'r, 531; People v. Hulett, id. 646; Berry v. People, 1 N.Y. Cr. 43; Com. v. Hopkins, 133 Mass. 381; 43 Am. Rep. 527; State v. Boardman, 64 Me. 523; Herzinger v. State, 70 Md. 278; Com. v. Gannett, 1 Allen, 7; Henson v. State, 62 Md. 231; Sparks v. State, 59 Ala. 82; State v. Hanchett, 36 Conn. 35; Handy v. State, 63 Miss. 207; 56 Am. Rep. 803; State v. Dame, 60 N. H. 479; 49 Am. Rep. 331; State v. Smith, 29 Minn. 195; Com. v. Kimball, 7 Gray, 328; Wooster v. State, 55 Ala. 217; State v. Fletcher, 18 Mo. 425; Morris v. State, 38 Tex. 603; Mahalovitch v. State, 54 Ga. 217; O'Brien v. People, 28 Mich. 213; State v. Wells, 46 Iowa, 662; State v. Brunell, 29 Wis. 435; People v. Berry, 1 N. Y. Cr. 43, 57.

See 10 Cr. L. Mag. 513; § 621, post; §§ 899 et seq. of Code of Crim. Proc.

324. Lottery declared a public nuisance.

325. Contriving, drawing, etc., lottery.

326. Selling lottery tickets.

327. Advertising lotteries.

328. Offering property for disposal dependent upon the drawing of any

lottery.

329. Keeping office, etc., for registry.

330. Insuring lottery tickets, etc.

331. Advertising offers to insure lottery tickets.

332. Property offered for disposal in lotteries, forfeited.

333. Letting building for lottery purposes.

334. Lotteries out of this state.

335. Advertisements by persons out of this state.

§ 323. "Lottery " defined. - A lottery is a scheme for the distri. bution of property by chance, among persons who have paid or agreed