13. May make regulations as to in- 29. Removal of prisoners attacked terments, &c. with diseases in jail. 14. Notice of their regulations to 30. Return of removal to be made be published. 15. Board to examine into nuisances, &c. to the court. Such removal 27. 28. shall not be an escape. 31. 16. When a party is convicted of a nuisance, the court may order it removed at his expense. 17. Court of common pleas, &c., Towns may establish a quarantine ground. 32. Two or more towns may establish common quarantine ground. may issue injunctions in cases 8. How board of health may make 34. compulsory examination of pre- Quarantine regulations to extend to all persons, &c. 33. Board of health may establish the quarantine of vessels. 35. To be binding on all persons | 55. Adulterating drugs or medi after public notice. 36. Vessels to be ordered to quar- 56. antine ground. 57. 37. Penalty if master, seaman, &c., 38. Quarantine expenses to be paid 40. Board to provide hospitals im mediately, when any dangerous 41. Hospitals for the small pox, &c., may be provided by towns. 42. To be under the orders of the board of health. 43. Not to be established within 45. Selectmen and board of health ers for violating regulations. 47. Every householder to give notice of small pox, &c., in his family. 48. Penalty on physicians, for not giving notice of small pox, &c. 49. Towns may provide for inoculation of its inhabitants, and defray expenses. cines. Violation of sepulture. Penalty for selling tainted fish for food. Board of health authorized to cover certain flats with water. 59. City authorized to establish a cemetery in any town, and to make rules, &c., with consent of such town. ORDINANCE. 1. Mayor and aldermen shall con- 3. Consulting physicians. Their duties. 4. Owners, &c., of dwelling houses, 5. &c., shall furnish them with suitable drains and privies. Penalty. How vaults and privies shall 6. Vaults may be connected with 8. Offensive vaults, privies and 9. Regulations as to cleansing vaults and privies. 10. Applications for cleansing vaults. What sums shall be paid therefor. 11. Further regulations. 50. Mayor and aldermen to assign places for offensive trades. 12. Waste water. 51. If such place become a nuisance, court of common pleas may revoke, &c. 52. Action for damages from nui. 14. sances. 53. Selling corrupt or unwhole some provisions without notice. 54. Adulterating food or liquors. 23. Horses and carriages not to be 40. He shall have care of burying 24. Damaged grain, &c., not to be 41. May give licenses for burials, 39. 29. To attend cases of disease in 46. Time for burials. Tolling of jail. 30. To examine cases of disease | 47. when called upon by mayor and bell. Funeral car. No grave to be dug without 45. No dead body to be removed 49. 32. To keep record of doings of his office. No dead body to be disturbed 50. 33. Harbor master shall report to No grave, &c., to be opened, ex- Burial fees. 52. 34. Master of such vessel shall give notice to the harbor master or Mayor and aldermen may make ment. 1. By the seventeenth section of the act establishing the Powers formerly city of Boston, all the power and authority by law vested board of health in the board of health for the town of Boston, at the time of ferred to the city the passage of the said act, relative to the quarantine of 1821, 110, § 17. vessels, and relative to every other subject whatsoever, was transferred to, and vested in the city council, to be carried into execution by the appointment of health commissioners, Powers formerly vested in boards of health of towns, now vested in city councils of cities. 1849, 211, § 1. How such pow- or in such other manner as the health, cleanliness, comfort, and order of the said city might in their judgment require, subject to such alterations as the legislature might from time to time adopt.1 2. By the act of May 2, 1849, it was provided that all the powers vested in, and the duties prescribed to boards of health of towns, by the general laws, should be vested in, and prescribed to city councils of cities, in case no special provision to the contrary was made in such laws themselves, or in the special laws applicable to any particular city. 3. The powers and duties above named, may be exercised and carried into effect by city councils, in any manner which they may prescribe, or through the agency of any persons to whom they may delegate the same, notwithstanding a personal exercise of the same, collectively or individually, is prescribed in the instance of towns, as above Either branch of referred to. And city councils are authorized to constitute committee, may either branch, or any committee of their number, whether joint or separate, the board of health for all, or for particular purposes, within their own cities. council, or any be board of health. Nuisances, how and by whom to be removed. Ibid, 3. 7 Pick. 76. Penalty. 4. Whenever any nuisance, source of filth, or cause of sickness, shall be found on private property, within any city, the board of health, or health officer, shall order the owner, or occupant thereof, to remove the same, at his own expense, within twenty-four hours, or such other time as they shall deem reasonable, after notice served, as provided in the succeeding section; and if the owner, or occupant, 1 It is not only the right but the duty of the city government of Boston, so far as they may be able, to remove every nuisance which may endanger the health of the citizens. And they have necessarily the power of deciding in what manner this shall be done, and their decision is conclusive, unless they transcend the powers conferred on them by the city charter. Police regulations to direct the use of private property so as to prevent its being pernicious to the citizens at large, are not void although they may in some measure interfere with private rights without providing for compensation. The property of a private individual may be appropriated to public use in connexion with measures of municipal regulation, and in such case compensation must be provided for, or the appropriation will be unconstitutional and void. Baker v. City of Boston, (12 Pick. Rep. 184.) shall neglect so to do, he shall forfeit a sum not exceeding twenty dollars, for every day during which he shall knowingly permit such nuisance or cause of sickness to remain, after the time prescribed, as aforesaid, for the removal thereof. nuisances, how 1849, 211, § 4. 5. The order mentioned in the last section shall be Order to remove communicated by a written notice, served personally upon to be served. the owner or occupant, or their authorized agent, by any person competent to serve a notice in a civil suit; or such notice may be left at the owner, occupant, or agent's last and usual place of abode, if the same be known, and is within the state; and if the owner or agent's residence is unknown, or without the state, the premises being unoccupied, then such notice may be served by posting up the same on the premises, and by advertising in one or more public newspapers, in such manner, and for such length of time, as the board of health, or health officer, shall deem expedient. when order is with. whom paid. 6. If the owner or occupant shall not comply with the Proceedings order above mentioned, the board of health may cause the not complied said nuisance, source of filth, or cause of sickness, to be Ibid, § 5. removed, and all expenses, incurred thereby, shall be paid Expenses, by by the said owner or occupant, or by such other person as shall have caused or permitted the same, if such owner or occupant, or such other person, shall have had actual notice. from the board of health of the existence of said nuisance, source of filth, or cause of sickness. shall be recov ered. Ibid. § 6. 7. All expenses incurred by any town or city in the How expenses removal of nuisances, or for the preservation of the public health, and which are recoverable of any private person or corporation, by virtue of any provisions of law, may be sued for and recovered in an action of debt before any court having jurisdiction of the amount claimed. whom to enure, ered. Com. v. Fahey, 8. All fines and forfeitures incurred under the general Fines, &c., to laws, or the special laws applicable to any town or city, or and how recovthe ordinances, by-laws and regulations of any town or city, Ibid, $7. relating to health, shall enure to the use of such town or s. J. C. March T. city; and may be recovered by complaint, in the name of the treasurer, before any justice of the peace of the county, 1850. |