7039. (4844) (4791) (4968) (4292) (741) Attachment against person refusing.-It is the duty of the officer before whom such writ is returnable, in case of such refusal or neglect on the part of the person to whom it is directed, to proceed forthwith against him, by process of attachment, as for contempt, to compel obedience to the writ, and to punish him for such contempt; and when such attachment is issued against the sheriff, or his deputy, it may be directed to the coroner, or to any constable, and may be executed by such coroner or constable.

(Clay's Digest, p. 467, § 33.) Failure to produce the body of the prisoner. -Ex parte Shaudies, 66 Ala. 134.

7040. (4845) (4792) (4969) (4293) (742) Penalty for eluding writ.—Any person who has in his custody, or under his control, a person who is entitled to a writ of habeas corpus, and, either before or after the issue of such writ, with intent to elude the service or effect thereof, transfers such person to the custody of another, or places him under the control of another, or conceals him, or changes his place of confinement, forfeits to the party aggrieved the sum of five hundred dollars, and is also guilty of a misdemeanor; and, on conviction thereof, must be fined not less than fifty dollars, and may also be imprisoned in the county jail not more than twelve months.

(Clay's Digest, p. 468, § 36.)

7041. (4846) (4793) (4970) (4294) (743) Penalty on defaulting witness; proceedings therefor.-If any witness, duly subpoenaed under the provisions of this chapter, fails to attend as required, the judge or chancellor before whom the writ is returnable must indorse such failure on the back of the subpoena, and deliver it to the clerk of the circuit court, or court of like jurisdiction, of the county in which the examination is had; and the same proceedings must be thereon had as against defaulting witnesses in that court, the indorsement being presumptive evidence of such default.

(Clay's Digest, p. 466, § 23.)

7042. (4847) (4794) (4971) (4295) (744) Attendance of witnesses; how proved and taxed.-Witnesses may prove their attendance before the judge or chancellor, as in other cases, and have the same taxed in the bill of costs, on the subsequent conviction of the party, where he is detained on a criminal charge.

(Clay's Digest, p. 466, § 24.)

7043. (4848) (4795) (4972) (4296) (745) Costs discretionary; how taxed and collected.-In other cases the court, judge,

or chancellor may impose the costs, or any portion thereof, on either party; and when the writ is returnable before a chancellor, or before a judge of the circuit or city court, the costs must be taxed by the clerk of such circuit or city court, and collected by execution.

7044. (4849) (4796) (4973) (4297) (746) Fees of officers; how taxed and collected.-The officer serving the writ is entitled to one dollar for such service, and to five cents for each mile in going and returning, to be proved by his own oath, before the judge of probate or clerk; and for issuing and serving subpoenas, the officers are entitled to the same fees as in other cases; for holding an examination, the judge of probate is entitled to three dollars; which fees must be taxed in the bill of costs in the case provided for by section 7042 (4847), and in other cases collected by execution issued by the judge of probate.

(Feb. 19, 1895, p. 699.)

7045. (4850) (4797) (4974) (4298) (747) Costs before probate judge; how taxed, etc.--When the writ is returnable before the judge of probate, he must tax the costs, and may collect the same by execution, except in the case provided for in section 7042 (4847).

7046. (4851) (4798) (4975) (4299) (748) Execution for costs, returnable when.-An execution for costs, issued under the last three sections, may be made returnable at any day, not less than one month nor more than three months from the date of its issue, except upon the conviction of a public offense.

7047. (4852) (4799) (4976) (4300) (749) Guards summoned when necessary.-When the person on whose behalf the writ is sued out is charged with a public offense, the officer or person having charge of him may summon a sufficient guard to aid in conveying him before the court, judge, or chancellor before whom the writ is returnable, and conveying him back again, if he is not discharged.

(Clay's Digest, p. 469, § 45.)

7048. (4853) (4800) (4977) (4301) (750) Compensation of guards; penalty.-In the case provided for in the preceding section, the officer and guards are entitled to the same compensation as for removing any prisoner on a change of venue, to be paid in the same manner; and such guards are under the control of the officer summoning them; and any guard who refuses to obey or violates the lawful instructions of such officer, is guilty of a misdemeanor.

(Clay's Digest, p. 469, § 46.)

HARD LABOR FOR COUNTY (Criminal Code)........6580-6592, 6596,

HARD LABOR FOR FINES AND COST (Criminal Code)
HARD LABOR OF CONVICTS (Criminal Code)
HAWERS AND PEDDLERS (Political Code)

HEALTH AND QUARANTINE (Political Code)

CHAPTER 228.

HEALTH, QUARANTINE AND FOOD; PENAL STATUTES CONCERNING. 7049-7083.

ARTICLE 1. HEALTH AND QUARANTINE LAWs. 7049-7073.

UNWHOLESOME FOOD AND ADULTERATED LIQUORS AND CANDIES. 7074-7082.

ARTICLE 3. LIVE STOCK SANITARY BOARD. 7083.

SECTION.

Health and Quarantine Laws.

7065. Making false affidavit before quarantine officer, penalty for.

7066. Health officer failing. to report quarantine to state health officer, penalty for. 7067. Conductor of train refusing to allow quarantine officer to ride on train free of charge, penalty.

7068. Transportation in violation of provision of quarantine law of this state.

SECTION.

7069. Quarantine officer or guard in-
timidating people, penalty
for.

7070. Quarantine officer or guard
may arrest without warrant.
7071. False swearing as to quaran-
tine laws.

7072. Resisting arrest by quarantine
officer, penalty for.

7073. Penalty for violating health
and quarantine laws.

7049. (5337) (4080) Failure of head of family to report pestilential or infectious disease.-Any head of a family, or any other person upon whose premises a case of pestilential or infectious disease occurs, which is not under the charge of a physician, who refuses or willfully fails to report the same to the county health officer, must, on conviction, be fined not less than five nor more than twenty-five dollars.

Original statutes regulating passed in 1807.-Toulmin's Digest, pp. 688 et seq. (Aikin's Digest, p. 352; Clay's Digest, p. 500; Feb. 28, 1881, p. 81, $85, 8.)

7050. (5338) (4081) Failure of midwife to report birth.— Any midwife, attending a childbirth, who refuses or willfully fails to make to the county health officer, within the time prescribed by the county board of health, a full report, specifying the name of the parents, if known, the date of the birth, and the sex and color of the child, with such other details as are required by the board of health, must, on conviction, be fined not less than five nor more than twenty-five dollars. (Feb. 28, 1881, p. 81, § § 5, 8.)

1901,

7051. (5339) (4082) Failure of midwife to report death.- Amended, Any midwife having charge of a patient at the time of death Mar. 4, who refuses or willfully fails to make to the county health p. 187, $1. officer within five days after the expiration of each calendar month a full report of the name, age, sex, color, date, place, and cause of death of such patient, so far as known, together with such other details as may be required by the county board of health, must, on conviction, be fined not less than five nor more than twenty-five dollars.

(Feb. 28, 1881, p. 81, § § 5, 8.)

7052. (5340) (4083) Failure of physician to report pestilential or infectious diseases.-Any physician or person practicing medicine, being called upon to treat a case of pestilential or infectious disease in the limits of the county, who refuses

Health and Quarantine Laws.

or willfully fails to make to the county health officer, within such time as may be prescribed by the county board of health, a full report of the same, specifying the character of the disease, the name and locality of the patient, together with such other details as may be required by the county board of health, must, on conviction, be fined not less than ten nor more than fifty dollars.

7053. (5341) (4084) Failure of physician to report birth.— Any physician or person practicing medicine or surgery, attending a childbirth, who refuses or willfully fails to make to the county health officer, within the time prescribed by the county board of health, a full report, specifying the name of the parent, if known, the date of the birth, and the sex and color of the child, with such other details as are required by the board of health, must, on conviction, be fined not less than ten nor more than fifty dollars.

7054. (5342) (4085) Failure of physician to report death.— Any physician or person practicing medicine or surgery, having charge of a patient at the time of death, who refuses or willfully fails to make to the county health officer, within such time as may be prescribed by the county board of health, a full report of the name, age, sex, color, date, place, and cause of the death of such patient, so far as is known, together with such other details as may be required by the county board of health, must, on conviction, he fined not less than ten nor more than fifty dollars.

7055. (5343) (4086) Failure of health officer, etc., of Escambia county to report yellow fever in Florida.-If the health officer or probate judge of the county of Escambia has good cause or suspicion or of belief that yellow fever exists in either of the counties of Santa Rosa or Escambia, in the State of Florida, and fails to report the same to the governor of this state, he must, on conviction, be fined not less than five hundred dollars.

(Feb. 17, 1885, p. 134, § 4.)

7056. (5344) (4087) Failure of judge of probate to act upon notice from governor.-If the judge of probate of Escambia county, upon being notified by the governor of this state that there is good cause for suspicion or belief that yellow fever exists in either or both of the counties of Santa Rosa or Escambia, in the State of Florida, fails to take such steps as he is by law authorized to take to prevent the introduction or spread of contagious or infectious diseases, or to establish such hospitals, or to appoint such guards, as are necessary and suitable for that purpose, must, on conviction, be fined not less than five hundred dollars.