34-26-18. Failure to make burial as misdemeanor--Civil liability for treble expenses.
Every person upon whom the duty of making burial of the remains of a deceased person is imposed by law, who omits to perform that duty within a reasonable time, is guilty of a Class 1 misdemeanor; and, in addition to the punishment prescribed therefor, is liable to pay to the person performing the duty in his stead, treble the expenses incurred by the latter in making the burial, to be recovered in a civil action.
Source: PenC 1877, §356; CL 1887, §6557; RPenC 1903, §361; RC 1919, §3875; SDC 1939, §13.1415; SL 1977, ch 190, §69.