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SEC. 573. Upon the answer and evidence taken the court or judge shall determine whether the person proOf judgment ceeded against is guilty of the contempt charged, and if

and fine.

If contempt is

act of omis

sion, party

it be adjudged that he is guilty of the contempt, a fine may be imposed upon him, not exceeding five hundred dollars.

SEC. 574. When the contempt consists in the omission to perform an act which is yet in the power of the imprisoned person to perform, he may be imprisoned until he shall have performed it, and in that case the act shall be specified in the warrant of commitment.

until act is performed.

SEC. 575. Persons proceeded against according to the provisions of this chapter shall also be liable to indictProceeding ment for the same misconduct, if it be an indictable offense; but the court before which a conviction is had on the indictment, in passing sentence, shall take into consideration the punishment before inflicted.

if offense indictable.

Proceedings if party fail to appear.

Illness an

non appear

ance.

SEC. 576. When the warrant of arrest has been returned served, if the person arrested do not appear on return day the court or judge may issue another warrant of arrest, or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted the measure of damages in the action shall be the extent of the loss or injury sustained by the aggrieved party, by reason of the misconduct for which the warrant was issued, and the costs of the proceedings.

SEC. 577. Whenever, by the provisions of this chapter, an officer is required to keep a person, arrested on a warrant of attachment, in custody, and to bring him beexcuse for fore a court or judge, the inability, from illness or otherwise, of the person to attend shall be a sufficient excuse for not bringing him up; and the officer shall not confine a person arrested upon the warrant in a prison, or Confinement otherwise restrain him of personal liberty, except so far as may be necessary to secure his personal attendance. SEC. 578. The judgment and order of the court or and fine for judge, made in cases of contempt, shall be final and concontempt. clusive. The punishment shall be by fine or imprison

for contempt.

Judgment

ment, but no fine shall exceed the sum of five hundred dollars.

TITLE XIV.-OF EMINENT DOMAIN.

SEC. 579. Eminent domain is the right of the people or government to take private property for public use. This right may be exercised in the manner provided in this title.

SEC. 580. Subject to the provisions of this title, eminent domain may be exercised in behalf of the following public uses :

First. Public buildings and grounds for the use of the territory, and all other public uses authorized by the legislature of this territory.

Second. Public buildings and grounds for the use of any county, incorporated city, or city and county, village, town, or school districts; canals, aqueducts, flumes, ditches, or pipes for conducting water for the use of the inhabitants of any county, incorporated city, or city and county, village, or town; or for draining any county, incorporated city, or city and county, village, or town; raising the banks of streams, removing obstructions therefrom, and widening, deepening, or straightening their channels; roads, streets, and alleys, and all other public uses for the benefit of any county, incorporated city, or city and county, village, or town, or the inhabitants thereof, which may be authorized by the legislature; but the mode of apportioning and collecting the costs of such improvements shall be such as may be provided in the statutes by which the same may be authorized.

Third. Wharves, docks, piers, chutes, booms, ferries, bridges, toll-roads, by-roads, plank and turnpike roads, steam and horse railroads; canals, ditches, flumes, aqueducts, and pipes for public transportation, supplying mines and farming neighborhoods with water, and draining and reclaiming lands, and for floating lumber and logs on streams not navigable.

Fourth. Roads, tunnels, ditches, flumes, pipes, and

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Estates and rights subject

to be taken for public

use.

Private property that can

be taken by

the exercise

of the right of

eminent domain.

dumping places for working mines; also, outlets, natural
or otherwise, for the flow, deposit, or conduct of tailings
or refuse matter from mines; also, an occupancy in com-
mon by the owners or possessors of different mines of
any place for the flow, deposit, or conduct of the tailings
or refuse matter from their several mines.

Fifth. By-roads leading to residences and farms.
Sixth. Telegraph lines.

Seventh. Sewerage of any incorporated city, or city and county, or of any village or town, whether incorporated or unincorporated, or of any settlement consisting of not less than ten families, or of any public buildings belonging to the state, or to any college or university.

SEC. 581. The following is a classification of the estates and rights in lands subject to be taken for public use:

First. A fee simple, when taken for public buildings or grounds, or for permanent buildings, for reservoirs and dams, and permanent flooding occasioned thereby, or for an outlet for a flow, or a place for the deposit of debris or tailings of a mine.

Second. An easement, when taken for any other use. Third. The right of entry upon, and occupation of, lands, and the right to take therefrom such earth, gravel, stones, trees, and timber as may be necessary for some public use.

SEC. 582. The private property which may be taken under this title includes

First. All real property belonging to any person. Second. Property appropriated to public use; but such property shall not be taken unless for a more necessary public use than that to which it has been already appropriated.

Third. Franchises for toll-roads, toll-bridges, and ferries, and all other franchises; but such franchises shall not be taken unless for free highways, railroads, or other more necessary use.

Fourth. All rights of way for any and all the purposes mentioned in section 580, and any and all structures and improvements thereon, and the lands held or used in connection therewith, shall be subject to be connected with, crossed or intersected by, any other right of way or improvements, or structures thereon. They shall also be subject to a limited use, in common with the owner thereof, when necessary; but such uses, crossings, intersections, and connections shall be made in manner most compatible with the greatest public benefit and least private injury.

Fifth. All classes of private property not enumerated may be taken for public use, when such taking is authorized by law.

SEC. 583. Before property can be taken it must appear

First. That the use to which it is to be applied is a use authorized by law.

Second. That the taking is necessary to such use. Third. If already appropriated to some public use, that the public use to which it is to be applied is a more necessary public use.

SEC. 584. In all cases where land is required for public use, the territory, or its agents in charge of such use, may survey and locate the same; but it must be located in the manner which will be most compatible with the greatest public good and the least private injury, and subject to the provisions of section 589. The territory, or its agents in charge of such public use, may enter upon the land and make examination, surveys, and maps thereof, and such entry shall constitute no cause of action in favor of the owners of the land, except for injuries resulting from negligence, wantonness, or malice.

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Proceedings

SEC. 585. All proceedings under this title must be brought in the district court for the county in which the under this act property is situated. They must be commenced by filing a complaint and issuing a summons thereon.

must be had in the district court.

The complaint.

The sum mons.

All

may

persons

appear

SEC. 586. The complaint must contain —

First. The name of the corporation, association, commission, or person in charge of the public use for which the property is sought, who must be styled plaintiffs.

Second. The names of all owners and claimants of the property, if known, or a statement that they are unknown, who must be styled defendants.

Third. A statement of the right of the plaintiff.

Fourth. If a right of way be sought, the complaint must show the location, general route, and termini, and must be accompanied by surveys and maps thereof.

Fifth. A description of each piece of land sought to be taken, and whether the same includes a whole or only a part of an entire parcel or tract.

Sixth. All parcels lying in the county, and required for the same public use, may be included in the same or separate proceedings, at the option of the plaintiff; but the court may consolidate or separate them, to suit the convenience of parties. When application for the condemnation of a right of way for the purpose of sewerage is made on behalf of a settlement, or of an incorporated village or town, the probate judge alone must be named as plaintiff.

SEC. 587. The clerk must issue a summons, which must contain the names of the parties, a general description of the whole property, a statement of the public use for which it is sought, and a reference to the complaint for descriptions of the respective parcels, and a notice to the defendants to appear and show cause why the property described should not be condemned as prayed for in the complaint. In all other particulars, it must be in the form of a summons in civil actions, and must be served in like manner.

SEC. 588. All persons in occupation of, or having or claiming an interest in, any of the property described in interested the complaint, or in the damages for the taking thereof, and make de- though not named, may appear, plead and defend, each in respect to his property or interest, or that claimed by him, in like manner as if named in the complaint.

fense.

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