In order to make such arrest, the officer or other person having the writ possesses the same power to execute the same as is given to a sheriff for the arrest of a person charged with felony. [C. L. § 5293.

1083. Defect of form. Appearance. Producing plaintiff. The writ of habeas corpus must not be disobeyed for any defect of form or misdescription of the plaintiff or defendant; provided, that enough shall be stated to show the meaning and intent of the writ. Service being made, the defendant must appear at the proper time and place and answer the petition. He must also bring the body of the plaintiff, or show good cause for not doing so. To get possession of a plaintiff's person, when there is no person appearing to have him in charge or custody, the same power is given to the officer or person having the writ as is given to the sheriff for the arrest of a person charged with felony. [C. L. § 5294. 1084.

Defendant's answer. The defendant in his answer must state plainly and unequivocally whether he then has, or at any time has had the plaintiff under his control and restraint, and, if so, the cause thereof. If he shall have transferred him, he must state that fact, and to whom, and the time thereof, as well as the reason or authority therefor. [C. L. § 5296.

1085. Wrongful refusal to award writ. Any judge, whether acting individually or as a member of a court, who shall wrongfully and wilfully refuse to award such writ, whenever proper application for the same shall have been made, shall forfeit and pay a sum not exceeding five thousand dollars to the party thereby aggrieved. [C. L. § 5297*.

1086. Disposal of plaintiff pending judgment. Until judgment is given on the return, the court or judge before whom any party may be brought on such writ, may commit him to the sheriff of the county, or place him in such custody as may be deemed proper. [C. L. § 5285*.

N. Dak. (1895) % 8668*.

1087. Plaintiff's presence at trial. Waiver. Discharge. The plaintiff in writing, or by his attorney, may waive his right to be present at the trial, in which case the proceedings may be had in his absence. The writ in such case shall be modified accordingly. If no sufficient, just, legal cause of detention is shown, the plaintiff must be discharged. [C. L. § 5299.

1088. Hearing to be summary. Upon the return of any writ of habeas corpus, the court or judge shall, after having given sufficient notice, proceed in a summary manner to hear the matter, and shall dispose of the prisoner as justice may require. [C. L. § 5300*.

1089. Recommitment or bail. Witnesses. In all cases where the imprisonment is for a criminal offense and there is not sufficient cause for discharge, and, although the commitment may have been informally made or without due authority, or the process may have been executed by a person not duly authorized, the court or judge may make a new commitment, or admit the party to bail. if the case is bailable. And all material witnesses shall also be required to enter recognizance to appear at the same time and place and not depart therefrom without leave. All such papers must be filed in the clerk's office where the same is made returnable. [C. L. $$ 5300*, 5303*.

1090. Shall not be again imprisoned for same cause. No person who shall have been discharged by order of the court or judge upon habeas corpus, shall be again imprisoned, restrained, or kept in custody for the same cause, except in the following cases:

1. If he shall have been discharged from custody on a criminal charge, and shall be afterwards committed for the same offense, by legal order or process.

2. If, after a discharge for defect of proof, or for any defect of the process, warrant, or commitment in a criminal case, the prisoner shall be again arrested on sufficient proof and committed by legal process for the same offense.

Cal. Pen. C. 1496. Mont. Pen. C. 2763.

1091. Warrant, when irreparable injury probable. When it appears to any court or judge, authorized by law to issue the writ of habeas corpus, that anyone is illegally held in custody, confinement, or restraint, and that there is reason to believe that such person will be carried out of the jurisdiction of the court or judge before whom the application is made, or will suffer some irreparable injury before compliance with the writ of habeas corpus can be enforced, such court or judge may cause a warrant to be issued, reciting the facts, and directed to the sheriff or any constable of the county, commanding the officer to take such person thus held in custody, confinement, or restraint, and forthwith bring him before such court or judge, to be dealt with according to law.

Cal. Pen. C. 1497. Mont. Pen. C. 2764.

1092. Id. The court or judge may also insert in such warrant a command for the apprehension of the person charged with such illegal detention and restraint.

Cal. Pen. C. 1498. Mont. Pen. C. 2765.

1093. Refusal to deliver copy of process. A person refusing to deliver a copy of the legal process by which he detains the plaintiff in custody to anyone who demands such copy for the purpose of taking out a writ of habeas corpus, shall forfeit not exceeding two hundred dollars to the plaintiff. [C. L. § 5302*.

1094. Penalties. If the defendant attempts to elude the service of the writ of habeas corpus, or if the defendant or any officer wilfully fails to comply with any requirement of this title, or if he shall disobey the order of discharge, he shall, upon conviction, be imprisoned in the state prison or county jail for a period of not more than one year and fined not exceeding one thousand dollars, and shall also forfeit to the person aggrieved not more than five thousand dollars. Any person knowingly aiding or abetting in any such act shall be subject to a like punishment and forfeiture. [C. L. §§ 4559-61*, 5295*, 5301–2*. 1095. Costs. Costs. Costs shall be taxed as the court may direct.

TITLE 24.

HEALTH.

CHAPTER 1.

STATE BOARD OF HEALTH.

1096. Appointment. How constituted. The governor, by and with the consent of the senate, shall appoint seven persons, a majority of whom shall be physicians in good standing and graduates of regularly chartered and legally constituted medical colleges, and one of whom shall be a civil engineer, who shall constitute the state board of health and vital statistics.

1097. Terms of office. The persons so appointed shall hold their offices for seven years; provided, that the terms of office of the seven first appointed shall be so arranged that the term of one shall expire on the thirty-first day of December of each year, and the vacancies so created, as well as all vacancies occurring otherwise, shall be filled by the governor.

1098. Duties and powers. The board shall have the general supervision of the interests of the health of the citizens of the state, and shall especially study its vital statistics. It shall have general supervision of all matters pertain

ing to quarantine, shall have co-ordinate powers as a board of health with every local board, and shall have authority to make such rules and regulations not contrary to law as may be deemed necessary for the preservation of public health. It shall make sanitary investigations and inquiries respecting the causes of diseases, especially of epidemic diseases, including those of domestic animals, the sanitary conditions and effects of localities, employments, and circumstances on the public health, and it shall gather such information in respect to these matters as it may deem proper for diffusion among the people.

1099. Reports. The board shall, on or before the first day of December preceding each regular session of the legislature, make to the governor a report of its official acts and investigations.

1100. Id. Meetings. The board shall recommend such forms and amendments of laws as shall be deemed to be necessary. The secretary of the board shall be superintendent of registration of vital statistics. The board shall

hold meetings at least once every three months, one of which meetings shall be held at the capital during the session of the legislature. Its first meeting shall be within ten days after the appointment of the members of the board shall have been made, and four members shall always constitute a quorum for business.

1101. Officers. Compensation. The board shall elect from its members a president, whose term of office shall be one year, and a secretary. The latter shall be the executive officer of the board, and shall hold his appointment until removed by the appointment of his successor or otherwise. No member except the secretary shall receive any compensation, but the actual and necessary expenses of any and all members, while engaged in the duties of the board, shall be paid out of the state treasury on the warrant of the state auditor.

1102. Secretary. Duties and salaries. Expenses. The secretary shall perform and superintend the work prescribed in this title, and shall perform such other duties as the board may require. He shall provide for a course of free lectures to be delivered each year at the capital, on the subjects of “ sanitary science, hygiene," and "nursing, nursing," and shall procure competent persons to deliver the same. He shall furnish to the legislature, when in session, such information relative to the state board and its work, as from time to time the legislature may deem necessary. The secretary of the board shall receive from the state treasury, in quarterly payments, an annual salary of one thousand dollars, and such necessary expenses as shall be allowed by the state board of examiners on presentation of an itemized account, certified by the state board of health. All other expenses of the board of health shall be paid out of the appropriation made for the purpose.

1103. Office. Stationery. The state board of examiners shall provide such apartments, stationery, and clerical assistance as the board may require in the discharge of its duties.

1104. County clerk's duties. The county clerk of each county shall send to the secretary of the state board of health, at such times as the state board shall direct, a copy of the records in his office, showing the marriages, births, and deaths reported during a prescribed time.

CHAPTER 2.

LOCAL BOARDS.

1105. Municipal boards. It shall be the duty of the board of trustees or city council of every incorporated town or city of the state, to establish by ordinance a board of health for such town or city, to consist of three or more per

sons, one of whom, when practicable, shall be a physician, a graduate of a regularly chartered medical college, who shall be the executive officer of the board and be known as the health officer.

Power of city to establish, 206, sub. 65.

1106. District health officers. County board. Each board of county commissioners shall divide the county, outside of the limits of incorporated cities and towns, into sanitary districts, and shall appoint a health officer for each district, who shall be, when practicable, a physician. Such district health officers shall, together with the board of county commissioners, constitute the county board of health. [C. L. § 2172*; '96, p. 528*.

Power of county commissioners, 2 511, sub. 39.

1107. Duties and powers. Every local board of health, whether county or municipal, shall supervise all matters pertaining to the sanitary condition of its county, town, or city, and shall have power and authority to order nuisances or the cause of any special disease or mortality to be abated and removed. ['96, p. 528*.

1108. Reports to state board. Every local board of health or health officer shall report to the secretary of the state board of health at such times as the state board may require, the sanitary condition of the locality, the number of births and deaths, and the causes of death as near as can be ascertained within their jurisdiction. during the preceding month; also the presence of epidemic or other dangerous, contagious, or infectious diseases, and such other matters within their knowledge or jurisdiction as the state board of health shall require.

1109. Sanitary rules and ordinances. It shall be the duty of the board of trustees of every incorporated town, and of the city council of every incorporated city, and of the board of county commissioners of each county in the state, to establish by ordinance such sanitary rules and regulations as may be necessary to promote the general health, and to prevent the outbreak or spread of infectious or contagious diseases; and to provide penalties for the infraction of any of such ordinances. [C. L. § 2173**.

1110. Quarantine. Any local board of health may declare quarantine in its county, city, or town, or any part thereof, against a contagious or infectious disease prevailing there or elsewhere, and against all persons and things likely to spread contagion or infection. Each of such boards shall have power and authority to enforce such quarantine until the same is raised by it, and may confine any person affected with or likely to spread contagion or infection to the house or premises in which he resides, or to a place to be provided by the board for the purpose. [C. L. SS 2173-5.

CHAPTER 3.

PENALTIES.

1111. Contagious diseases to be reported. All physicians or other persons having knowledge of the existence of any contagious or infectious disease, or having reason to believe that any such disease exists, are hereby required to report the same forthwith to the local board of health. [C. L. § 2176*.

1112. Duties of persons exposed. All physicians or nurses, or other persons having been exposed to any contagious or infectious disease, are forbidden to mingle with other persons subject thereto, in the clothing worn by them while so exposed, unless the same has been thoroughly disinfected, or to otherwise expose any other person to such contagion or infection. [C. L. § 2177*.

1113. Penalties. Any person who shall wilfully or unlawfully or know

ingly introduce any contagious or infectious disease into any county, city, town, or village, or who neglects or refuses to comply with any of the provisions of this title, shall be deemed guilty of a misdemeanor. [C. L. § 2178*.

TITLE 25.

HIGHWAYS.

CHAPTER 1.

GENERAL PROVISIONS.

1114. Defined. In all counties of this state, all roads, streets, alleys. lanes, courts, places, trails, and bridges laid out or erected as such by the public, or dedicated or abandoned to the public, or made such in actions for the partition of real property, are public highways.

Cal. Pol. C. 2618*. Mont. Pol. C. 2600*. Dedication of streets, etc., 2014. Highways defined, 2498.

There being in Utah territory no statute requiring any formal acceptance by officers or agents in charge of public roads, of land dedicated by owners

[C. L. §§ 2065-9*.

for highways, the court is not prepared to say that an acceptance may not be inferred under some circumstances from the action and use of the public generally, without any action of the body charged with the repair of public roads. Wilson v. Hull, 7 U. 90; 24 P. 799.

A highway shall be deemed to have

1115. When deemed dedicated. been dedicated and abandoned to the use of the public when it has been continuously used as a public thoroughfare for a

The extent of the dedication is determined by all the circumstances, not only by the part actually used, but also the width of the highways in the vicinity and of the system of which the particular

period of ten years. [C. L. § 2066*. highway is a part. Burrows v. Guest, 5 U. 91; 12 P. 847. Wilson v. Hull, 7 U. 90; 24 P. 799. Whitesides v. Green, 13 U. 341; 44 P. 1032.

1116. Continue until abandoned. All highways once established must continue to be highways until abandoned by order of the board of county commissioners of the county in which they are situated, by operation of law, or by judgment of a court of competent jurisdiction; provided, that a road not used or worked for a period of five years ceases to be a highway. [C. L. § 2070*.

Cal. Pol. C. 2619*. Mont. Pol. C. 2601*.

1117. Width of public and private ways. The width of all public highways, except bridges, alleys, lanes, and trails, shall be at least sixty-six feet. The width of all private highways and by-roads, except bridges, shall be at least twenty feet; provided, that nothing in this title shall be so construed as to increase or diminish the width of either kind of highway already established or used as such.

Cal. Pol. C. 2620*. Mont. Pol. C. ? 2602*.

1118. Forfeiture of franchise. Whenever the franchise of any tollbridge, trail, turnpike, or of any plank or common wagon road has expired by limitation, forfeiture, or non-user, the same becomes a free public highway, and no claim shall be valid against the public for right of way or for the land or material comprising such bridge, trail, turnpike, or plank or wagon road. $2069*.

Cal. Pol. C. 2619*.

[C. L.

1119. Limited highways. Where roads or streets are laid out through improved lands, and such lands are not protected by fences along the lines of the roads or streets passing through them, such roads or streets may, by the board of county commissioners of the county, be declared to be limited highways. A