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

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Contrary doctrine
11
Police power inalienable
12
Corporations subject to police regulation
13
Illustrations IS 12 Private rights subordinate to police power
16
CHAPTER II
18
Constitutional guaranties
21
Fourteenth amendment
22
The liquor traffic
23
Eminent domain
25
Prohibitory liquor laws
26
Destruction of property to avert calamity
27
Gray 237
28
Property cannot be taken under police power
29
Regulation of commerce
30
Coordinate jurisdiction over commerce
31
Quarantine laws
32
Right of exclusion as to persons
34
Right of exclusion as to things
36
Newton 345
39
Inspection laws
41
Navigation laws
44
Ordinary powers
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
58
Dist Attorney v Lynn etc R Co 255
59
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
Chicago
71
Examples of unreasonable ordinances 7 2
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
Sec 8i Meetings minutes bylaws
91
Health officer
93
Agents and employes
95
Ordinances and regulations
96
Boston 171
97
Publication of general regulations
99
Special orders
100
Special orders how served
101
Method of enforcing orders and regulations
102
Penalties
103
Kind of penalty fines
104
Imprisonment forfeiture
106
Baltimore etc Turnpike Co v
107
Power to issue warrants
109
Compelling attendance of witnesses
110
Duties of board of health how enforced m
114
Acts ultra vires may be restrained
116
JMinisterial 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
Worcester 68 71
122
Restraining exercise of general powers
123
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
Ah Lit Ex parte 397
144
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 17
170
Cambridge 26 30 54
171
Dangerous structures
172
Offensive trades and employments
173
CHAPTER VII
176
City of Lowell
177
Barber In re 43
178
Fall River 246 248
179
Extent of liability
181
Liability for suppressing alleged nuisances
182
Justifying under statute
183
Cambria Iron Co v Shaffer 300
184
Justifying exercise of discretionary powers
185
Justifying under ordinance
189
Justifying under special order
190
Justifying summary proceedings
191
What is a convenient place
203
Extent of annoyance
205
Chicago etc R Co 417
207
Character of the act or thing itself
209
Examples of nuisances
211
City of Lowell 177
212
Auburn Gas Light Co
213
State 231 232
214
CHAPTER IX
216
Sanction must be expressed or necessarily implied
217
Applies only to acts strictly necessary
218
Extent of legislative power to sanction nuisances
220
Extent of legislative power to declare nuisances
221
Exercise of legislative discretion conclusive 223
223
CHAPTER X
226
Joint and several liability
227
Liability for fault of contractor
229
Liability for letting premises with nuisance thereon
230
Bostwick 370
231
Liability for continuance of a nuisance
233
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 244v
244
Liability based upon an implied contract
246
CHAPTER XL
250
Public remedies
251
Private remedies
252
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
Philadelphia 242
267
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
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
Am Soc Prev Cruelty
296
License not a contract
297
Municipal licenses
298
Regulations affecting certain classes of persons
299
Regulation of dangerous occupations
300
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
CHAPTER XV
321
CHAPTER XVI
329
CHAPTER XVII
340
CHAPTER XVIII
349
CHAPTER XIX
360
Equity will not restrain removal
369
Restraining violation of regulations
370
Miscellaneous regulations
371
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
Del Hudson Canal Co v Erie
389
Number and kind required
390
Hoistways
391
CHAPTER XXI
393
Particular uses which may be forbidden
396
Buildings put to illegal use cannot be destroyed
397
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 4H Sec 367 Extent of power of regulation
414
Effect of commerce clause in Constitution
415
Del Lack West R Co v East
416
Regulations enlarging obligations 4i6 370 Regulations must be reasonable
418
Requiring railroads to establish police
419
Examples of regulations 42t 373 Municipal regulations
424
State Commissioners of Railroads
427

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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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