prisoners at eases in jail. 29. Whenever any person, confined in any common Removal of jail, house of correction, or work house, shall be attacked tacked with diswith any disease which, in the opinion of the physician of R. S. 21, § 25. the board of health, or of such other physician as they may consult, shall be considered dangerous to the safety and health of the other prisoners, or of the inhabitants of the town, the board of health shall, by their order in writing, direct the removal of such person to some hospital, or other place of safety, there to be provided for and securely kept, so as to prevent his escape, until their further order; and if such person shall recover from the disease, he shall be returned to the said prison or other place of confinement. moval to be court. 30. If the person so removed shall have been committed Return of reby order of any court, or under any judicial process, the made to the order for his removal, or a copy thereof, attested by the Ibid, $ 26. presiding member of said board of health, shall be returned by him, with the doings thereon, into the office of the clerk of the court, from which the process was issued for committing such prisoner; and no prisoner, removed as aforesaid, Such removal shall be considered as having thereby committed an escape. escape. QUARANTINE. shall not be an tablish a quar Ibid, § 27. 31. Any town1 may establish a quarantine ground, in Towns may esany suitable place, either within or without its own limits; antine ground. provided, that, if such place shall be without its limits, the assent of the town, within whose limits it may be established, shall be obtained therefor. towns may es quarantine Ibid, § 28. 32. Any two or more towns may, at their joint expense, Two or more establish a quarantine ground for their common use, in any tablish common suitable place, either within or without their own limits; ground. provided, that if such place shall be without their limits, they shall obtain the assent of the town, within whose limits such place may be. may establish 33. The board of health in each seaport town may, from Board of health time to time, establish the quarantine, to be performed by the quarantine all vessels arriving within the harbor of such town; and Ibid, § 29. of vessels. 1 See note to § 11, ante. Quarantine regulations to extend to all persons, &c. Ibid, § 30. To be binding on all persons after public notice. Ibid, § 31. See 14, ante, p. 190. Vessels to be or dered to quaran- Penalty if master, seamen, &c., answer on oath, may make such quarantine regulations, as they shall judge necessary for the health and safety of the inhabitants. 34. The quarantine regulations, so established, shall extend to all persons, and all goods and effects, arriving in such vessels, and to all persons, who may visit or go on board the same. 35. The quarantine regulations aforesaid, after notice thereof shall have been given, in the manner above provided, shall be observed by all persons; and any person who shall violate any such quarantine regulation, shall forfeit a sum not less than five dollars, nor more than five hundred dollars. 36. The board of health, in each seaport town, may, at all times, cause any vessel arriving in such port, when such vessel or the cargo thereof shall in their opinion be foul or infected, so as to endanger the public health, to be removed to the quarantine ground, and be thoroughly purified, at the expense of the owners, consignees, or persons in posses sion of the same; and they may also cause all persons, arriving in or going on board of such infected vessel, or handling such infected cargo, to be removed to any hospital under the care of said board of health, there to remain under their orders. 37. If any master, seaman or passenger, belonging to refuse to make any vessel, on board of which any infection may then be, or may have lately been, or suspected to have been, or which may have been [at], or which may have come from, any port where any infectious distemper prevails, that may endanger the public health, shall refuse to make answer on oath to such questions, as may be asked him, relating to such infection or distemper, by the board of health of the town, to which such vessel may come, (which oath any member of said board may administer,) such master, seaman or passenger so refusing, shall forfeit a sum not exceeding two hundred dollars; and, in case he be not able to pay said sum, he shall suffer six months' imprisonment. Quarantine ex by such person 38. All expenses, incurred on account of any person, penses to be paid vessel or goods, under any quarantine regulations, shall be paid by such person, or the owner of such vessel or goods, respectively. or owner. Ibid, § 34. DANGEROUS DISEASES. to provide for itants, when fected with dan 39. Whenever any person coming from abroad or resid- Board of health ing in any town in this state, shall be infected, or shall lately safety of inhabbefore have been infected, with the plague, or other sick- persons are inness dangerous to the public health, except the small pox, gerous sickness. 1837, 244, § 1. the board of health of said town shall make effectual provis- 1848, 119, 1. ion in the manner which they shall judge best for the safety of the inhabitants, by removing such sick or infected person to a separate house or otherwise, and by providing nurses and other assistance and necessaries; which shall all be at the charge of the person himself, his parents or master, if able, otherwise at the charge of the town to which he belongs; and in case such person is not at inhabitant of any town in this state, then at the charge of the commonwealth. hospitals imme any dangerous out unexpect 1837, 244, § 2. 40. When any disease dangerous to the public health, Board to provide other than the small pox, shall break out in any town, the diately, when board of health thereof shall immediately provide such hos- disease breaks pital or place of reception for the sick and infected as they edly. shall judge best for their accommodation, and the safety of 1848, 119, § 1. the inhabitants, and such hospitals and places of reception shall be subject to the regulations of the said board of health, in the same manner as is provided in the case of established hospitals, in the succeeding sections, and the said board of health may cause such sick and infected person to be removed to such hospital or places of reception, unless the condition of the sick or infected person be such as not to admit of his removal without danger to his health, in which case the house or place where such person shall remain shall be considered as a hospital to every purpose aforesaid; and all persons residing in or in any way concerned with the same, shall be subject to the regulations of said board of health, as before provided. small pox, &C., 41. The inhabitants of any town may establish, within Hospitals for the the same town, and be constantly provided with, one or may be provided more hospitals for the reception of persons, having the small R. s. 21, § 35. pox, or other disease, which may be dangerous to the pub lic health. by towns. To be under the orders of the 42. All such hospitals shall be subject to the orders board of health. and regulations of the board of health, or a committee of Ibid, $ 36. such town appointed for that purpose. Not to be established within 43. No such hospital shall be established, within one 100 rods of hous- hundred rods of any inhabited dwelling house, situated in es in adjoining town, unless,&c. any adjoining town, without the consent of such adjoining town.1 Ibid, 37. Physician and others, in hospi ject to board of 44. When any hospital shall be so established, the phytals, to be sub- sician, the persons inoculated or sick therein, the nurses, attendants, and all persons, who shall approach or come within the limits of the same, and all such furniture and other articles, as shall be used or brought there, shall be subject to such regulations, as may be made by the board of health, or the committee appointed for that purpose.2 Selectmen and board of health of dangerous dis- Ibid, 21, § 41. 45. When any disease dangerous to the public health, shall give notice other than the small pox, is found to exist in any town, the selectmen and board of health shall use all possible care to prevent the spreading of the infection, and to give public notice of infected places to travellers, by displaying red flags at proper distances, and by all other means, which in their judgment shall be most effectual for the common safety. Penalty on phy sicians and lating regula tions. R. S. 21, § 42. 1838, 158. 46. If any physician or other person, in any of the hosothers, for vio- pitals or places of reception before mentioned, or who shall attend, approach or be concerned with the same, shall violate any of the regulations lawfully made in relation thereto, either with respect to himself, or his or any other person's property, the person so offending shall, for each offence, forfeit a sum not less than ten nor more than one hundred dollars. Every house holder to give 47. When any householder shall know that any person notice of small within his family is taken sick of the small pox, or any other disease dangerous to the public health, he shall immediately give notice thereof to the selectmen or board of health of the pox, &c., in his family. R. S. 21, § 43. 1838, 158. 1840, 39. 1 The 38th section of the 21st chapter of the Revised Statutes was in effect repealed by stat. 1838, c. 158. 2 The 40th section of R. S. c. 21, was repealed by stat. 1837, c. 244, § 3. See also 1838, c. 158. town in which he dwells; and if he shall refuse or neglect to give such notice, he shall forfeit a sum not exceeding one hundred dollars. 1 Penalty on phy giving notice of small pox, &c. R. S. 21, § 44. 48. When any physician shall know that any person, sicians, for not whom he is called to visit, is infected with the small pox, or any other disease dangerous to the public health, such physician shall immediately give notice thereof to the selectmen, or board of health of the town in which the diseased person may be; and every physician, who shall refuse or neglect to give such notice, shall forfeit for each offence a sum not less than fifty nor more than one hundred dollars. Towns may oculation of its Ibid, 45. 49. Each town may, at any meeting, make suitable pro- provide for invision for the inoculation of the inhabitants with the cow inhabitants, and pox, under the direction of the board of health of each defray expenses. town, or of a committee chosen for that purpose; and they shall raise all necessary sums of money, to defray the expenses of such inoculation, in the same manner as other town charges are paid. 2 50. OFFENSIVE TRADES. derinen to assign sive trades. The mayor and aldermen of the city of Boston, Mayor and alwhen they shall judge it necessary, shall, from time to time, places for offenassign certain places for the exercising of any trade or em- Ibid, § 47. ployment, offensive to the inhabitants, or dangerous to the public health; and they shall forbid the exercise of either of them in places not so assigned; and all such assignments shall be entered in the records of the city; and they may be revoked, when the city officers shall think proper. become a nui-" common pleas may revoke, &c. Ibid, $48. 51. When any place or building so assigned shall be- If such place come a nuisance, by reason of offensive smells or exhala- sance, court of tions proceeding from the same, or shall become otherwise hurtful or dangerous to the neighborhood or to travellers, and the same shall be made to appear, on a trial before the court of common pleas for the county, upon a complaint 1 The stat. 1838, c. 158, repealed so much of R. S. c. 21, §§ 16, 17, 38, 40, 41, 42, 43 and 44, as relates to the small pox; but stat. 1840, c. 39, repealed so much of stat. 1838, c. 158, as related to said 43d and 44th sections. 2 Section 46 of R. S. c. 21, was repealed by stat. 1849, c. 211, § 8. |