Ex parte Keeney

Petitioner, who is health officer of the city and county of San Francisco, is arrested and held under a warrant issued out of the police court of said city and county, upon a complaint charging him with misdemeanor, for that he, “as such health officer, did grant and issue a permit to deposit the body of said Ah Tin in the city cemetery, in said city and county of San Francisco, and to inter said body in said city and county, ■without requiring, receiving or obtaining, or filing, and without the issuance of the certificate of the death of said Ah Tin, signed or issued by an attending physician, or by the coroner of said city and county of San Fran *305 cisco, or by a physician authorized by the coroner to grant a certificate of death, thereby violating the provisions of order No. 2162 of the board of supervisors of the city and county of San Francisco.”

Order No. 2162 referred to is entitled as an order “ regulating the granting of certificates of death and the issuance of permits for interments.” It provides that no person shall deposit in any cemetery, or inter in said city and county, any human body, without first having obtained and filed with the health officer a certificate…