The Law of Public Health and Safety: And the Powers and Duties of Boards of Health

Forside
 

Innhold

Police power inalienable
12
Corporations subject to police regulation
13
CHAPTER II
18
West Virginia 23 305 307 309
23
American Print Works v Lawrence
28
Schultz 97 101 160 169 213 270 Commissioners v Mason
31
Inspection laws
32
Eastman
39
Navigation laws
44
Relief Society
45
CHAPTER III
46
Discretionary powers
47
Extent of legislative discretion
48
Liability for failure to exercise powers
49
No liability where powers are discretionary
50
Municipal police powers
52
How derived
53
Control over nuisances general powers
55
Special powers
56
Special legislation not permissible 08
58
Extent of authority over nuisances
60
CHAPTER IV
62
Upon whom binding
64
Recitals in ordinances
65
Effect of repeal
66
Validity how determined
67
Ordinances must be reasonable
68
Examples of reasonable ordinances
69
Baltimore
71
Examples of unreasonable ordinances
72
Must not conflict with Constitution or charter
73
Must be consistent with charter
74
Must be general impartial and not oppressive
75
Must be consistent with legislative policy of State
77
Ordinances and general laws
78
Tendency of authorities
80
CHAPTER V
82
State boards of health
85
Local boards of health in cities
86
Local boards of health in villages
87
Combined sanitary districts
88
Powers and duties of local boards
89
Meetings minutes bylaws
91
Health officer
93
Agents and employes
95
Ordinances and regulations
96
Schultz 97 101 160 169
97
Mace
98
Publication of general regulations
99
Special orders
100
Special orders how served ΙΟΙ
101
Method of enforcing orders and regulations
102
Penalties
103
Kind of penalty fines
104
Imprisonment forfeiture
106
Power to issue warrants
109
Compelling attendance of witnesses
110
Duties of board of health how enforced III
114
Acts ultra vires may be restrained
116
Ministerial acts only may be enjoined
117
Restraining acts in abatement of statutory nuisances
118
Restraining acts in enforcement of ordinances
120
Restraining enforcement of special orders
121
Restraining exercise of general powers
123
Cooper
124
Expenses of local boards of health
126
CHAPTER VI
129
Warrant to remove patients
131
Procedure when disease breaks out
132
Precautionary measures
133
Procedure in a particular case of disease
135
Compulsory vaccination
139
Giving notice of dangerous diseases
140
Warrant to aid in disinfection of goods
141
Liability for expenses
142
Inspection and restraint of travelers
147
Health officer
149
State regulations adopted by United States
150
Extent of powers of local authorities
151
Registration of vital statistics
153
Reports of births deaths and marriages
154
Duty of registering officers
155
Nuisances powers and duties of boards of health
156
Kind of nuisances cognizable
157
General ordinances relating to nuisances
159
Inspection of nuisances
161
Ordinary procedure against nuisances inspection
162
Complaint preliminary notice
163
Notice how served
164
Contents of notice order
165
Hearing final order
166
Final order conclusive
167
Summary abatement
168
Cleansing or draining unwholesome places
169
Drainage laws
170
Dangerous structures
172
Offensive trades and employments
173
CHAPTER VII
176
Extent of liability
181
Liability for suppressing alleged nuisances
182
Justifying under statute
183
Reddington 233 234
184
Justifying exercise of discretionary powers
185
Justifying under ordinance
189
Justifying under special order
190
Justifying summary proceedings
191
Rule as to liability
192
How far protected as quasijudicial officers
194
Statutory exemption from liability
196
CHAPTER VIII
198
Scope of the law of nuisances
199
Tests to determine question of nuisance
200
Locality
201
Alger
202
What is a convenient place
203
Extent of annoyance
205
Character of the act or thing itself
209
Examples of nuisances
211
Andrews Ex parte
213
Port Jervis Gas Light Co
214
CHAPTER IX
216
Sanction must be expressed or necessarily implied
217
Applies only to acts strictly necessary
218
Chy Lung v Freeman
219
Extent of legislative power to sanction nuisances
220
What constitutes a continuance of a nuisance
234
Liability through covenants to repair
235
When landlord is responsible for use of premises
237
Landlord not liable for tenants fault
238
Liability of a tenant
239
Municipal responsibility for nuisances governmental action
240
Illustrations
241
Acts done under legislative sanction
243
Liability of municipality as owner of property
244
212 Liability based upon an implied contract
246
CHAPTER XI
250
Public remedies
251
Private remedies
252
Brookga
253
Remedy in equity
254
Procedure in equity
255
Private suits to abate public nuisances
256
Special injury must be shown
257
Nuisance must be clearly proved
258
Injury must be certain
259
Equity will not aid enforcement of criminal law
260
Grounds of equity jurisdiction
262
Extent of relief in equity
263
Injunctions against criminal proceedings
265
CHAPTER XII
269
Applicable to common law and statutory nuisances
270
Limitations upon legislative power
271
When remedy may be resorted to
272
By whom may be exercised
273
When private person may resort to it
275
Extent of remedy
276
Buffalo 47 48 117
277
Limited by the necessities of the case
278
Expenses of abatement
280
What facts may be controverted
281
Legislative declaration of nuisance conclusive
285
CHAPTER XIII
286
Extent of regulation permissible
287
Illustration
288
Restrictions upon certain kinds of business
289
Regulations must be reasonable
292
Licenses as means of regulation
294
Exclusive licenses
295
License not a contract
297
Municipal licenses
298
Bonnell
299
City of Lowell
301
Regulation of skilled trades
302
CHAPTER XIV
304
Their constitutionality
305
Construction and application of the acts
307
The acts apply to persons in practice
309
The practice of pharmacy and dentistry
310
The sale of drugs and medicines
311
Issue of licenses to practice
313
The revocation of licenses
314
Special regulations affecting physicians
317
275
318
CHAPTER XV
321
Smith
325
CHAPTER XVI
329
CHAPTER XVII
340
Duke of Buccleugh v Cowan 229
343
Bowers
345
Davenport
347
CHAPTER XVIII
349
Rochester 64 68 73 74
355
CHAPTER XIX
360
City of Buffalo v Chadeague
361
Equity will not restrain removal
369
Restraining violation of regulations
370
Miscellaneous regulations
371
Casinello Ex parte 71 213 294
372
CHAPTER XX
373
General features of building laws
374
Common form of ordinance
375
Fee for building permit
376
Discretionary powers of officers
377
How construed
378
Must be reasonable
379
Special permits
380
Special regulations
381
Unsafe structures
382
Enforcing the laws
384
When a penalty is incurred
385
Fireescapes
386
Who must provide them
387
Steele
389
Number and kind required
390
Hoistways
391
CHAPTER XXI
393
Roome
396
Equity will aid in enforcing regulations
398
Extent of judicial interference
399
CHAPTER XXII
401
Regulations must be reasonable
402
Prohibiting further use of cemeteries
403
Cemeteries not nuisances per se
405
Extent of power to prohibit
406
The power is discretionary
409
Municipal powers
410
Municipal regulations
411
REGULATION OF RAILROADS
414
Effect of commerce clause in Constitution
415
Regulations enlarging obligations
416
Bond
417
Regulations must be reasonable
418
Requiring railroads to establish police
419
Examples of regulations
420
State
423
Municipal regulations
424
Chicago etc R Co 68
425
277
426
State Commissioners of Railroads
427
Blunt v
429
People
430
92
432
Ayer v Norwich
434
Shearon
435
Water
442
Lincoln County Court 298
448
United States
452
284
459
Pilotage harbor regulations 18 18 21
463

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Side 23 - be imposed upon one than such as is prescribed to all for like offenses. Class legislation, discriminating against some and favoring others, is prohibited ; but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it affects alike all persons similarly situated, is not within the Amendment 1
Side 387 - in every case where a statute enacts or prohibits a thing for the benefit of a person, he shall have a remedy upon the same statute for the thing enacted for his advantage, or for the recompense of a wrong done to him contrary to the said law.
Side 159 - any factory, workshop, or workplace not kept in a cleanly state, or not ventilated in such a manner as to render harmless, as far as practicable, any gases, vapors, dust or other impurities generated in the course of the work carried on therein,
Side 24 - as it is a business attended with danger to the community, it may, as already said, be entirely prohibited, or be permitted under such conditions as will limit to the utmost its evils. The manner and extent of regulation rest in the discretion of the governing authority.
Side 37 - Here is the limit between the sovereign power of the State and the Federal power. That is to say, that which does not belong to commerce is within the jurisdiction of the police power of the State; and that which does belong to commerce is within the jurisdiction of the United States.
Side 85 - They have cognizance of all matters touching the interests of the health and lives of the citizens of the State, and are directed to make special study of vital statistics, the causes of disease, and especially of epidemics, the sources of mortality, and the effects of localities, employments, and other conditions upon the public health) They
Side 20 - of the community. Even liberty itself, the greatest of all rights, is not unrestricted license to act according to one's own will. It is only freedom from restraint under conditions essential to the equal enjoyment of the same rights by others. It is then liberty regulated by law. Crowley v. Christensen, 137 US 86;
Side 304 - degree of skill and learning upon which the community may confidently rely, their possession being generally ascertained upon an examination of parties by competent persons, or inferred from a certificate to them in the form of a diploma or license from an institution established for instruction on the subjects, scientific or otherwise, with which such
Side 34 - in such cases and upon such conditions as it may see fit to prescribe. In the United States this power is vested in the national government, to which the Constitution has committed the entire control of international relations,
Side 23 - be interposed to the pursuits of any one, except as applied to the same pursuits by others under like circumstances ; that no greater burdens shall be laid upon one than are laid upon others in the same calling and condition;

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