Page:United States Statutes at Large Volume 76A.djvu/637

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–541–

-541(1) the cause of death can not otherwise be definitely determined; or (2) there is reason to believe that death may have been due to a disease the knowledge of which, gained by the post-mortem examination, would be of importance in guarding the health of the conmiunity. (b) Except as provided by subsections (c) and (d) of this section, a post-mortem examination may not be performed without the consent of the person or persons having the right and duty to control the disposition of the remains of the deceased, who are, in the absence of testamentary dispositions of the deceased, respectively in order of precedence the: (1) surviving spouse; (2) surviving child or children; (3) surviving parent or parents; and (4) person or persons respectively in the next degree of kindred in the order named by law as entitled to succeed the estate of the deceased. (c) Post-mortem examinations on bodies found within the Canal Zone may be performed by the health director or his designee, without the consent specified by subsection (b) of this section, if: (1) the coroner or deputy coroner has ordered an autopsy in a matter within his jurisdiction; or (2) there are reasonable grounds to believe that the deceased may have died from a guarantinable disease. (d) Post-mortem examinations on bodies brought into the Canal Zone shall be performed by the health director or his designee only in cases specified in paragraphs (1) and (2) of subsection (c) of this section. I n such cases, the consent specified in subsection (b) of this section is not required. C H A P T E R 229—COMPROMISING CRIMES Sec. 4821. 4822. 4823. 4824.

Compromise of certain misdemeanors. Procedure for compromise. Order as bar to another prosecution. Other compromises prohibited.

§ 4821. Compromise of certain misdemeanors When the person injured by an act constituting a misdemeanor has a remedy by civil action, the offense may be compromised as provided by section 4822 of this title, except when it is committed: (1) by or upon an officer of justice, while in the execution of the duties of his office; (2) riotously; or (3) with an intent to commit a felony. § 4822. Procedure for compromise If the person injured appears before the court in which the action is pending at any time before trial, and acknowledges that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution and the defendant to be discharged therefrom. The reasons for the order shall be set forth therein, and entered on the minutes. § 4823. Order as bar to another prosecution The order prescribed by section 4822 of this title is a bar to another prosecution for the same offense. § 4824. Other compromises prohibited A public offense may not be compromised, nor may any proceeding or prosecution for the punishment thereof be stayed upon a compromise, except as provided by this chapter.