34-26-17. Duty of burial on failure by persons first charged--County claim against estate for expense of burial. In case the person upon whom the duty of burial is first cast by the provisions of § 34-26-16 omits to make such burial within a reasonable time, the duty devolves upon the person next specified; and if all omit to act it devolves upon the tenant, or if there is no tenant upon the owner of the premises or master, or if there is no master upon the owner of the vessel in which the death occurs or the body is found; and if all of these omit to act it devolves upon the county of the legal residence of the deceased and if no such residence is known, then upon the county where the body is first found dead, and in all such cases the said county shall have a legal preferred claim against the estate of the decedent for the actual expense incurred.
Source: PenC 1877, § 355, subdiv 4; CL 1887, § 6556, subdiv 4; RPenC 1903, § 360, subdiv 4; RC 1919, § 3874 (4); SDC 1939, § 27.1303 (4); SL 1963, ch 153.
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