UMASS/ AMHERST MANUAL ARBS OF HEALTH MASSACHUSETTS, CONTAINING THE STATUTES RELATING TO THE PUBLIC HEALTH, THE MEDICAL EXAMINER LAWS, THE LAWS RELATING TO THE REGISTRATION OF VITAL STATISTICS, DECISIONS OF THE SUPREME COURT OF MASSACHUSETTS RELATING 'J,;;'- .. TO THE SAME. PREPARED BT DIRECTION OP THE STATE BOAEB OF HEALTH, BOSTON : j^w^, . WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 18 Post Office Square.. 1890. V, t Digitized by the Internet Archive in 2014 https://archive.org/details/manualforuseofboOOmass_0 MANUAL FOR THE USE OF ' BOARDS OF HEALTH of MASSACHUSETTS, CONTAINING THE STATUTES RELATING TO THE PUBLIC HEALTH, THE MEDICAL EXAMINER LAWS, THE LAWS RELATING TO THE REGISTRATION OF VITAL STATISTICS, AND THE DECISIONS OF THE SUPREME COURT OF MASSACHUSETTS RELATING TO THE SAME. PREPARED BY DIRECTION OF THE STATE BOAED OF HEALTH. BOSTON : WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 18 Post Office Square. 1890. ' LIBRARY OF THE LEIAND STANFORD JUNIOR . UNIVERSITY, j CONTENTS. h Introduction 2. General powers and duties of the State Board 3. Town and city boards of health 4. Nuisances, sources of filth, causes of sickness, etc 5. Wet, rotten and spongy lands 6. Appeal to county commissioners 7. Diseases dangerous to public health ; Hospitals ; Infected persons and things ; Contagious diseases in public schools * 8. Vaccination 9. Lying-in hospitals 10. Protection of infants 11. Quarantine 12. Hydrophobia 13. Offensive trades 14. Swine-slaughtering associations 15. Pollution of rivers and sources of water and ice supplies 16. Cemeteries, burials, tombs, removal and transportation of bodies . 17. Cremation 18. Contagious diseases among cattle 19. Medical societies, degrees or diplomas 20. Color-blindness and defective sight 21. Instruction in physiology and hygiene; alcohol, stimulants and narcotics 22. Sanitary provisions in factories, workshops, school-houses and other public buildings ' General and Special Laws relative to Food and Drug Inspection. 23. Food and drugs 24. Milk 25. Butter, imitation butter and cheese 26. Lard 27. Provisions, and animals intended for slaughter 28. Poultry 29. Tainted or damaged fish 30. Chocolate 31. Vinegar , . 32. Rules and regulaLions of the State;Boar,d r^lafii /e to food and drug inspection, 33. Registration of Births, Marriages, Deaths and Divorces 34. Inquests. Duties of Medical Examiners 35. Public health statutes enacted in 1890 36. Summary of powers and duties of the State Board of Health .... 37. Index Page 3 9 10 15 % 22 % 26 27 33 34 35 35 38 38 46 48 54 58 59 65 65 65 66 70 75 85 88 89 91 92 92 92 94 98 105 116 121 133 INTRODUCTION. This Manual of the Statutes of Massachusetts, relative to Public Health, has been prepared at the direction of the State Board of Health, for. the use of local boards and for all persons directly interested in questions which pertain to public health. A former manual prepared in 1882 by Geo. F. Piper, Esq., followed quite closely through the first ninety-six sections the numbering employed in the Public Statutes. In consequence of the introduction of many new statutes, enacted since 1882, and the repeal of others, such numbering has necessarily been abandoned in the present manual, as well as that of 1886, while the general order of subjects is preserved as closely as possible. A slight change has been made in the order of sections under the title of infectious diseases, hospitals, etc. The marginal notes contain the references to the chapters and sections of the Public Statutes, and also to such health laws as have»been enacted since 1882. The dates in heavier type opposite some of the sections are the years in which those statutes, or laws essentially the same, together with their amendments, were enacted. The laws relating to the medical examiners, and also those relating to the registration of vital statistics, both of which are of special interest to the medical practitioner, are introduced in the present edition of the manual. The State registration of vital statistics appears to have had its origin in the following act passed in 1639 : — " Item, that there be records kept ... of the days of every marriage, birth and death of every person within this jurisdiction. 1 ' — Colony Laws, Chap. III., 1639. The next act having any direct sanitary bearing was the following : — Chapter 23 of the Acts of the General Assembly of Massachusetts Bay (1692-1693). Second session. An Act for prevention of common nuisances arising by slaughter-houses, still-houses, etc., tallow-chandlers and curriers. 4 The following summary of the public health acts of Massa- chusetts is taken from the report of the Sanitary Commission of Massachusetts, presented to the Legislature in April, 1850. Titles of Acts Relating to Public Health; Passed by the State of Massachusetts. Date. 1692. An Act for prevention of common nuisances arising by slaughter- houses, still-houses, etc , tallow-chandlers and curriers. Act and Laws of Province of Massachusetts Bay, Ed. 1759 and 1771. * Page 15. 1696. Chap. 6. An Act in addition to an Act for preventing of common nuisances arising from slaughter-houses, still-houses, etc. Page 68. 1700. An Act directing the admission of town inhabitants. Page 125. 1701. An Act providing in case of sickness. Page 135. Repealed 1797. 1702. An Act for appointing commissioners of sewer's. Page 142. Repealed 1796. 1708. An Act in addition to and explanatory of the Act for prevention of common nuisances. Page 158. 1709. An Act for regulating of drains and common shores. Page 161. Repealed 1796. 1710. An Act explaining and enlarging of the Act for prevention of common nuisances arising by slaughter-houses, still-houses, etc., tallow- chandlers and curriers. Page 166. 1730. An Act empowering courts to adjourn and remove from the towns appointed by law for holding courts to other towns, in case of sickness from small-pox. Page 265. Repealed 1797. 1742. An Act to prevent the spreading of small-pox and other infectious sickness, and to prevent the concealing the same. Repealed 1797. 1744. An Act in addition to an Act for regulating drains and common shores. Repealed 1796. 1750. An Act to regulate the importation of German and other passen- gers come to settle in the Province. Page 342. 1751. An Act in addition to an Act made and passed in the thirteenth year of King William the Third, entitled, " An Act providing in case of sick- ness?' 1 Page 356. Repealed 1797. 1757. An Act for regulating the hospital on Rainsford's Island, and further providing in case of sickness, Page 375. Repealed 1797. 1758. An Act in addition to an Act entitled " An Act for regulating the hospital on Bainsford^s Island, and further providing in case of sickness.' 1 '' Page 378. Repealed 1797. 1763. An Act in addition to an Act relating to common sewers. Re- pealed 1797. 1776. An Act to prevent the continuance of the small-pox in the town of Boston, and to license inoculation there for a short time. Repealed 1797. 1776. An Act empowering justices of the court of general sessions of the peace in the several counties to permit inoculating hospitals to be erected in said counties. Repealed in 1792. 1777. An Act in addition to the above Act. Repealed 1792. 5 1785, March 8. An Act against selling unwholesome provisions. Vol. I., page 224. Repealed 1836. 178"), el une 7. An Act for preventing common nuisances. Jams. Ed. 1801. Vol. I., page 241. Repealed 1836. 1787, Feb. 28. An Act for the due regulation of licensed houses. Page 374. Repealed. 1788, March 26. An Act for suppressing and punishing of rogues, vaga- bonds, common beggars, and other idle, disorderly and lewd persons. Page 411. Repealed 1834. Laws 1834, page 206. 171)2. An Act providing for the establishment of hospitals for inoculat- ing with the small-pox, and for repealing all laws heretofore made for that purpose. Repealed 1793. 1793, March 15. An Act providing hospitals for inoculation, and for preventing infection from small-pox, and for repealing several Acts here- tofore made for that purpose. Vol. II. Rej^ealed 1837. 1796, Feb. 26. An Act for appointing commissioners of sewers, and making provision for the better improvement of low lands in certain cases. Vol. II., page 721. Repealed 1836. 1797, Feb. 20. An Act for regulating drains an^ common sewers. Vol. II., page 752. Repealed 1836. 1797, June 22. An Act to prevent the spreading of contagious sickness. Vol. II., page 788. Repealed 1836. 1798, Feb. 27. An Act in addition to an Act entitled "An Act for sup- pressing rogues, vagabonds, common beggars, and other idle, disorderly and lewd persons. Vol. II., page 812. Repealed 1834. 1799, Feb. 13. An Act to empower the inhabitants of the town of Boston to choose a board of health, and for removing and preventing the nuisances in said town. Vol. II., page 837. Repealed June 20, 1799. 1799, June 29. An Act to empower the town of Boston to choose a board of health, and for removing and preventing nuisances in said town. Vol. II., page 867. 1799, June 21. An Act to empower the inhabitants of the town of Salem to choose a board of health, and for removing and preventing the nuisances in said town. Vol. II., page 879. 1800, Feb. 26. An Act in addition to an Act entitled " An Act to prevent the spreading of contagious diseases.' 11 Vol.11., page 896. Repealed 1836. 1800, March 4. An Act in addition to an Act entitled " An Act to prevent common nuisances. 11 Vol. II., page 921. Repealed 1836. 1800, June 16. An Act in addition to an Act entitled " An Act to empower the inhabitants of the town of Salem to choose a board of health, and for removing and preventing nuisances in said town, 11 and for repeal- ing part of said Act. Vol. II., page 939. 1802, Feb. 22. An Act to empower the inhabitants of the town of Marblehead to choose a board of health, and for removing and preventing nuisances in said town. Vol. III., page 44. 1803, June 18. An Act in addition to an Act entitled "An Act to empower the town of Boston to choose a board of health, and for removing and preventing nuisances in said town. 11 Vol. III., page 161. 1804, March 7. An Act to repeal a part of an Act entitled "An Act to 6 empower the town of Boston to choose a board of health, and for removing and preventing nuisances," and for making further additions thereto Vol. III., page 218. 1809, June 16. An Act in further addition to an Act entitled " An Act to entitle the town of Boston to choose a board of health, and for removing and preventing nuisances." Session Laws, 1809. Page 11. 1810, Feb. 27. An Act to empower the inhabitants of the town of Plymouth to choose a board of health, and for removing and preventing nuisances in said town. Session Laws, 1810. Page 89. 1810, March 6. An Act to diffuse the benefits of inoculation for the cow- pox. Session Laws, 1810. Page 204. Repealed 1836. 1810, March 6. An Act in further addition to an Act entitled " An Act to empower the town of Boston to choose a board of health, and for remov- ing and preventing nuisances." Session Laws, 1810. Page 221. 1816, June 20. An Act to empower the town of Boston to choose a board of health, and to prescribe their power and duty. Session Laws, 1816. Page 258. 1818, June 12. An Act authorizing the town of Charlestoivn to establish a board of health. Session Laws, 1818. Page 14. 1821, June 26. An Act to empower the inhabitants of the town of Lynn to establish a board of health, and for removing nuisances in said town. Session Laws, 1821. Page 588. 1822, Feb. 23. An Act to establish the city of Boston. Session Laws, 1822. Page 734. 1827, March 2. An Act authorizing the town of Cambridge to establish a board of health. Session Laws, 1827. Page 473. 1835, Nov. 4. REVISED STATUTES.— Went into operation April 30, 1836. Chap. 21. On the preservation of the public health; quarantine; nuisances and offensive trades. Pages 207-214. Chap. 131. Of offences against the public health. Page 742. 1837, April 20. An Act relating to alien passengers. 1837, April 20. An Act concerning the public health. Supt. Rev. Stat. Page 58. 1838, April 20. An Act to repeal certain provisions of the law in relation to the small-pox. Ibid., page 82. 1840, March 18. An Act concerning the small-pox. Ibid., page 149. 1841, March 17. An Act in relation to main drains and common sewers. Ibid., page 196. 1842, March 3. An Act relating to the registry and returns of births, marriages and deaths. Ibid., page 240. 1844, March 16. An Act relating to the registry and returns of births, marriages and deaths. Ibid., page 308. 1848, April 18. An Act to repeal certain provisions of law in relation to the small-pox. Ibid., page 451. 1848, May 10. An Act concerning alien passengers. 1849, May 2. An Act in relation to the public health. Ibid., page 549. 1849, May 2. An Act relating to the registration of births, marriages and deaths. Ibid., page 545. 7 1850, March 20. An Act relating to alien passengers. Session Laws. Pages 338 and 467. 1850, March 21. An Act in addition to an Act relating to the public health. Ibid., page 841. Following each section will be found the decisions of the supreme court of the State upon the subject matter of that section. The statutes impose upon boards of health the duty of pro- tecting the people from those causes and influences which ma}' injuriously affect their health. In the words of Judge Wells, in the case of City of Salem v. Eastern Railroad Company, " Their action is intended to be prompt and summary. They are clothed with extraordinary powers for the protection of the community from noxious influences affecting life and health ; and it is important that their proceedings should be delayed as little as possible. Delay might defeat all beneficial results ; and the necessity of the case, and the importance of the public interests at stake, justify prompt action." Office of the State Board of Health, Boston, June, 1890. MANUAL. GENERAL TOWERS AND DUTIES OF STATE BOARD. 1. The governor with the advice and consent of the council state board of & health. shall appoint seven persons who shall constitute the state board of health. The persons so appointed shall hold their offices for How appointed. seven years ; provided that the terms of office of the seven first Term of office. appointed shall be so arranged that the term of one shall expire each year. All vacancies on said board, whether occurring by Vacancies, how expiration of term, or otherwise, shall be filled by the governor is8G,ioi,§i. with the advice and consent of the council. 2. The board shall be provided with rooms at the expense Rooms to be of the state and shall hold meetings each month on a day fixed Meetings! by itself, and at such other times as may be needful. It shall J^JJ™ 8 " make its own by-laws, and shall make a report of its doings to isse, 101, § 2. the governor and council on or before the thirty-first day of December in each year, such report being made up to the thirtieth day of September inclusive. 3. The board shall elect a secretary, who shall be the Secretary, executive officer, and shall hold office during the pleasure of the board. He shall perform or superintend the work prescribed by Duties, law for the state board of health, and as directed by the board, and such other duties as the board may require. He shall not Secretary pro J ^ tern. be ex officio a member of the board, but the board may, when- ever it shall be deemed necessary, elect one of the members secretary pro tempore who may in the absence or disability of the secretary perform the duties of that officer. The secretary Salary of secre- shall receive from the treasury an annual salary of three is89,'37o. thousand dollars and his necessary travelling expenses incurred in the performance of official duties. No member of the board Expenses of 1 board and office. shall receive any compensation ; but the actual personal expenses 1886, 101, § 3. of any member while engaged in the duties of the board shall be 10 Certain general powers and duties of the state board of health. P. S., c 80, § 1. 1886, 101, § 4. paid from the treasury, after they have been audited by the board. All other necessary expenses arising in the secretary's office or from the discharge of the duties of the board shall be paid out of the treasury in the same manner as those of the dif- ferent departments of the government. 4. The state board of health shall take cognizance of the interests of health and life among the citizens of the Common- wealth. It shall make sanitary investigations and inquiries in respect to the causes of disease, and especially of epidemics and the sources of mortality and the effects of localities, employ- ments, conditions, and circumstances, on the public health ; and shall gather such information in respect to those matters as it may deem proper for diffusion among the people. It shall advise the government in regard to the location and other sani- tary conditions of any public institutions. The state board of health was originally established by chap. 420, Acts of 1869. Its powers were subsequently enlarged by chap. 167, Acts of 1871, and chap. 183, Acts of 1878. By chap. 291, Acts of 1879, its powers were transferred to the newly established state board of health, lunacy and charity. By chap. 101, Acts of 1886, the state board of health was re-estab- lished, and its powers were still further enlarged by chap. 274, Acts of 1886, and further by chap. 375, Acts of 1888. Further duties in case of con- tagious diseases. P. 8., c. 80, § 2. 1879 State board shall have co- ordinate powers with local boards. 5. If small-pox or any other contagious or infectious dis- ease dangerous to the public health exists, or is likely to exist, in any place within the state, the state board shall investigate the same, and the means of preventing the spread thereof, and shall consult thereon with the local authorities, and shall have co-ordinate powers as a board of health, in every place, with the board of health or health officer thereof, or with the mayor and aldermen or the selectmen, if no such board or officer exists in such place. Towns may choose board Of health, etc., or the select- men may act. P. 8., c. 80, §3. 1797 1817 TOWN AND CITY BOARDS OF HEALTH. 6. A town, respecting which no provision is made by special law for choosing a board of health, may, at its annual meeting or at a meeting legally warned for the purpose choose a board of health by ballot, to consist of not less than three nor more than nine persons ; or may choose a health officer. If no such board or officer is chosen, the selectmen shall be the board of health. n 7. If a person elected a member of a board of health in any Vacancy in ... , # local board by town, respecting which no provision is made by special law for refusal to accept choosing a board of health, after being duly notified of his hi led.' election in the manner in which town officers are required to be 188o> 30 ' ,§ lm notified, refuses or neglects to accept said ollice, or if a mem- ber of a board of health in such town declines further service, or from change of residence or otherwise becomes unable to attend to the duties of the board, the remaining members shall, in writing, give notice of the fact to the selectmen of such town, and the two boards shall thereupon, after giving public notice of at least one week, jointly preceed to fill such vacancy. 8. Except where different provision is made by law, the city city council •i j.' • _ i 11 " • may appoint council of a city may appoint a board of health ; may constitute such board; or . , • • , • 8haU it^lf act. either branch or such council, or a joint or separate committee p. s., c. so, § 4. of their body, a board of health, either for general or special purposes ; and may prescribe the manner in which the powers and duties of the board shall be exercised and carried into effect. In default of the appointment of a board with full 1821 powers, the city council shall have the powers and perform the duties prescribed to boards of health in towns. Where, by an ordinance of a city, two members of the board of mayor and aldermen, and three members of the common council, were constituted the board of health, and no provision as to the mode of appointment was made by the ordinance, or by the joint rules and orders of the city council, but the orders of each branch provided that all committees should be appointed by the mayor and the president of the common council respectively, it was held that the members of the joint committee, constituted by the ordinance a board of health, were duly appointed by the presiding officers of each branch, and that the board so constituted and appointed was legally organized. Taunton v. Taylor, 116 Mass. 254. Where the city council constitutes the board of health, the power to make regulations as it judges necessary for the public health and safety respecting nuisances, sources of tilth and causes of sickness, may as well be exercised by an ordinance as by any other form of regulation. Commonwealth v. Patch, 97 Mass. 224. In default of the appointment of a board of health, and where the city council constitutes the board of health, an ordinance which pro- hibits the keeping or maintaining swine within certain districts of the city, under a penalty not exceeding twenty dollars for each offence, is valid as a health regulation. Commonwealth v. Patch, 97 Mass. 221. L2 It is a matter of considerable doubt whether the prohibition of offen- sive trades is the proper subject of an ordinance or by-law, because that matter is specially provided for by statute, and to prohibit their exercise in any particular locality in a town or city by a by-law or ordinance would interfere with the right of appeal to a jury which the statutes secure. Commonwealth v. Patch, 97 Mass. 223. appjf n ™ ay Every such board of health may appoint a physician to p h 8 8iC c a 8o §5 ^ e board, wno shall hold his office during its pleasure. 1816 10. Such board shall establish the salary or other compensa- Compensation tion of such physician, and shall regulate all fees and charges of phyeician, *• ^ ' ° ° etc. of persons employed by it in the execution of the health laws p. s., c. so, § c. 1 1 J J and of its own regulations. 1816 11 . Present members of boards of health of cities by appoint- bers of'cUy" 1 " nient under chapter one hundred and thirty-three of the statutes undeTSt! i877^ b °f the year eighteen hundred and seventy-seven, shall continue in 3 office? maiQ to no ^ otWca during the terms for which they were appointed, p. s., c. so, § 7. un [ ess sooner removed as provided by law. 1 877 Boards of health ^* ^ n eacn c ity' except Boston, in which a majority of the to be appointed voters shall have so voted according to law, there shall be a in cities, when. » 7 jgyy board of health, consisting of the city physician, and two persons, not members of the city council, appointed by the Term of office, mayor and aldermen. The term of office of the appointed p.™°Jc/80?§ 8. members shall be two years, and one of them shall retire from office on the first Monday of February in each year. If such board is not already in existence, the mayor and aldermen shall in January next after the vote of the city authorizing such board appoint two members, one for one year, and the other for two years ; and the board shall enter on its duties on the first Monday of February after such appointment. All vacancies occurring in boards already in existence or in those hereafter constituted shall be filled by the mayor with the approval of the board of aldermen. Each member so appointed shall be subject to removal by the mayor for cause, and shall receive such compensation as the city council may from time to time determine. Under Pub. Stats , chap. 80, sect. 8 (Statute of 1877, chap. 133), which provides that in each of the cities of the. Common wealth, except Boston, the mayor and aldermen shall appoint two persons "who together with the city physician shall constitute the board of health of such city ; " and under Pub. Stats., chap. 80, sect. 15 (Statute of 1878, chap. 21), which provides that, " in the cities of the Commonwealth where 13 the city physician is ex officio a member of the board of health, said city physician shall be appointed by the mayor, with the approval of the board of aldermen, for a term of three years," the office of city physician is established in a city whose charter and ordinances make no provision in terms for such an office.* If a statute fixes the term of office of an officer of a city, who is to be appointed by the mayor with the approval of the board of aldermen, it is unnecessary that the term of his office should be expressed either in the nomination of the mayor or in the approval by the board of aldermen. Where a city physician is ex officio a member of the board of health his title to his office may be tried by an information in the nature of a quo warranto. If a person is wrongfully holding a public office he may be ousted on an information in the nature of a quo warranto, although the term of the person who was entitled to the office when the information was filed expires before judgment is rendered. Commonwealth v. Swasey, 133 Mass. 538. 13. Such boards shall organize annually by the choice of How to be ° ^ *> organized. one of their number as a chairman ; they may also choose a p - s., c. so, § 9. clerk, not a member of the board, and make such rules and' 1877 regulations for their own government and for the government of all subordinate officers in their department as they may deem expedient. 14. Such boards may exercise all the powers vested in, and ^° t Y e e s rs and shall perform all the duties prescribed to, city councils or mayors p - s -> c - 80 » § 10 - and aldermen as boards of health, under the statutes and 1 & 7 7 ordinances in force in their respective cities on the seventeenth day of May in the year eighteen hundred and seventy-seven ; and may appoint such subordinate officers, agents and assistants as they may deem necessary, and may fix their compensation and that of their clerk ; but the whole amount of such compen- sation shall not exceed the sum appropriated therefor by the city council. 15. In each city such board of health shall annually, in To make annual January, present to the city council a report made up to and p. P s.f 1'. 80, § n. including the thirty-first day of the preceding December, and containing a full and comprehensive statement of its acts dur- 1^77 ing the year, and a review of the sanitary condition of the city ; it shall also, when the city council or the standing committee thereof on finance so requires, send to the auditor of accounts an estimate in detail of the appropriations required by its depart- ment during the next financial year. 14 12, May enforce regulations as to house drainage. P.S., c. 8 1702 1877 1881 Cities to vote on acceptance of five preced- ing sections, when. Public Statutes, c. 80, § 13. 187J) Towns may authorize boards of health to make regulations as to house drainage and its connec- tion with sewers. 1889, 108. City or town may contract for the disposal of garbage, etc. 1889, 377. In case of epidemic, etc., boards of health may be appointed in cities not accept- ing, etc. P. S., c. 80, §14. 187J> City physician how appointed, when ex officio a member of board ; how removed. P. S., c. 80, § 15. 1878 Board of health may appoint agents, etc. P.S., c. 80, § 16. 1866 1879 16. Such boards may prepare and enforce in their respec- tive cities such regulations as they may deem necessary for the safety and health of the people, with reference to house drain- age and its connection with«public sewers, where a public sewer abuts the estate to be drained. 17. If at any time a city has not voted to accept the five preceding sections, or chapter one hundred and thirty- three of the statutes of the year eighteen hundred and seventy-seven, and fifty voters residing therein present a written request to that effect thirty days prior to any meeting for the election of city officers therein, the mayor and aldermen shall notify and warn the legal voters thereof to vote upon the acceptance of said sections at such election. 18. Any town may authorize its board of health to make and enforce in such town such regulations as said board may deem necessary for the safety and health of the people with reference to house drainage and its connection with public sewers, where a public sewer abuts the estate to be drained. 'Whoever violates any such regulation shall forfeit a sum not exceeding one hundred dollars. 19. Any city or town may, by its board of aldermen, select- men, board of health or other officer or officers having in charge the disposition of the garbage, refuse and offal of such city or town, contract for a term of years for the disposition of such garbage, refuse and offal by cremation or otherwise. 20. In case of a severe epidemic, or other danger to the public health, the mayor and aldermen of the city where there is no board of health may, upon the request of one hundred voters residing therein, appoint such a board to act during the emergency, with the powers and duties of a board of health duly appointed under section eight [of chapter so, Public statutes]. 21. In eities where the city physician is ex officio a member of the board of health, he shall be appointed by the mayor, with the approval of the board of aldermen, for a term of three years, subject to removal, for cause, by the same authority. 22. The board of health in a city or town may appoint an agent or agents to act for it in cases of emergency, or when it cannot be conveniently assembled ; and such agent so appointed shall have all the authority which the board appointing him had ; but he shall, within two days, report his action in each case to it for its approval, and shall be directly responsible to 15 it and under its control and direction. An agent appointed to make sanitary inspections may make complaint in cases of violation of any law, ordinance, or by-law relating to the public health in a city or town. 23. The board of health of a city or town shall retain To retain J charge of charge of any case arising under the provisions of this chapter case^aft^er act- in which it shall have acted, to the exclusion of the overseers of p. s., c. so, § 17. the poor. 1874 NUISANCES, SOURCES OF FILTH, CAUSES OF SICKNESS, ETC. 24. The board of health of a town shall make such regula- Board of health to make regula- tions as it "judges necessary for the public health and safety, tions respecting . J . nuisances, etc. respecting nuisances, sources of filth and causes of sickness, p. s., c so,§ is. 1797 within its town, or on board of vessels within the harbor of such town, and respecting articles which are capable of con- taining or conveying infection or contagion, or of creating sickness, brought into or conveyed from its town, or into or from any vessel. Whoever violates any such regulation shall forfeit a sum not exceeding one hundred dollars. The keeping of swine may be prohibited as a sanitary regulation. The prohibition may apply to the entire town or city, or only to a part of the town or city, if that part is so situated as to require peculiar and exceptional provisions. Commonwealth v. Patch, 97 Mass. 221. A regulation that no person shall remove, cart, or carry through any of the streets, lanes or alleys of a city, any house-dirt, refuse, offal, filth or animal or vegetable substance from any of the dwelling-houses or other places occupied by the inhabitants, in any cart, wagon, truck* hand-cart or other vehicle, unless such person so removing, together with the cart, shall be duly licensed for that employment and purpose by the mayor and aldermen, upon such terms and conditions as they shall deem the health, comfort, convenience or interest of the city require, on pain of forfeiting a sum not less than three dollars nor more than twenty, is valid. Vandine, petitioner, 6 Pickering, 187 ; 135 Mass. 490. 25. The board shall give notice of all regulations made by To give notice it by publishing the same in some newspaper of its town, or, p. s e .fS! a so?§ s w. where there is no such newspaper, by posting them up in some igl6 public place in the town. Such notice shall be deemed legal notice to all persons. Notice must be given of general regulations prescribed by the board before parties can be held in fault for a disregard of their require- V 16 ments. But although such general regulations may seriously interfere with the enjoyment of private property, and disturb the exercise of valuable private rights, no previous notice to parties so to be affected by them is necessary to their validity. They belong to that class of police regulations to which all individual rights of property are held subject, whether established directly by enactments of the legislative power, or by its authority through boards of local administration. City of Salem v. Eastern Railroad Company, 98 Mass. 443. S^?m/«^ ealth 26. The board shall examine into all nuisances, sources of 5£ a ° d abate filth and causes of sickness, within its town, or in any vessel nuisances, etc. 7 ' J p.s., c. so, § 20. within the harbor of such town, that may in its opinion be 1797 injurious to the health of the inhabitants, and shall destroy, remove, or prevent the same as the case may require. to?n°miiMn e ceB, 27 - Tue board or the health officer shall order the owner owne? ated by or occupant at his own expense to remove any nuisance, source p.s., c.80, § 2i. Q f filth, or cause of sickness, found on private property, within 1797 twenty-four hours, or such other time as it deems reasonable, after notice served as provided in the following section ; and if the owner or occupant neglects so to do, he shall forfeit a sum not exceeding twenty dollars for every day during which he knowingly permits such nuisance or cause of sickness to remain after the time prescribed for the removal thereof. The board may order the removal of a nuisance without previous notice to the owner or occupant, and without any opportunity by him to be heard. City of Salem v. Eastern Railroad Company, 98 Mass. 443. In the above case, Wells, J., says, in relation to boards of health: "Their action is intended to be prompt and summary. They are clothed with extraordinary powers for the protection of the commu- nity from noxious influences affecting life and health, and it is impor- tant that their proceedings should be embarassed and delayed as little as possible by the necessary observance of formalities. Although notice and opportunity to be heard upon matters affecting private interests ought always to be given when practicable, yet the nature and object of those proceedings are such that it is deemed to be most for the general good that such notice should not be essential to the right of the board to act for the public safety. Delay for the purpose of giving notice, involving the necessity either of public notice or of inquiry to ascertain who are the parties whose interests will be affected, and further delay for such hearings as the parties may think necessary for the protection of their interests, might defeat all beneficial results from an attempt to exercise the powers conferred upon boards of health. The necessity of the case and the importance of the public interests at stake justify the omission of notice to the individual." 17 The adjudication of the board that a nuisance exists is conclusive, and no appeal lies therefrom. City of Salem v. Eastern Railroad Company, 98 Mass. 449. The board should keep an accurate record of their proceedings, and all adjudications should appear therein in clear and distinct language. An order of the board of health of a city, under Pub. Stats., chap. 80, sect. 21 (Gen. Stats., chap. 26, sect. 8), directing the owner of land to remove a nuisance in a specific manner is void. Watuppa Reservoir Company v. Colin Mackenzie, 132 Mass. 71. In the absence of statutory authority neither the board of health nor the city council of a city has any power to erect a clam on a per- son's land, without his consent, for the purpose of abating a nuisance existing on adjacent land. A city is not responsible for damages resulting from work done under the supposed authority of illegal and void votes of the city council ; and it is immaterial that the work was done in a negligent manner. Cavanagh v. City of Boston, 139 Mass. 426, An indictment charged that the defendant, at certain times and at a place named, " near the dwelling-houses of divers good citizens of the said Commonwealth, and also near divers public streets and common highways there situate," did keep and maintain five hundred swine, " by reason whereof divers large quantities of noisome, noxious and unwholesome smokes, smells and stenches on the days and times aforesaid, then and there were emitted, . . . and the air thereabouts . . . greatly filled and impregnated with many noisome . . . stinks and stenches, and has been corrupted and rendered very insalubrious, to the great damage and common nuisance of all the citizens," etc. Held, sufficient. A piggery, in which swine are kept in such numbers that their natural odors fill the air thereabouts, and make the occupation of the neighboring houses and passage over the adjacent highways disagree- able, is a nuisance. On the trial of an indictment for maintaining a common nuisance, by keeping a large number of swine in the neighborhood of certain dwellings and highways, evidence is inadmissible that it is a custom in this Commonwealth to tolerate the location of such establishments in populous localities. Commonwealth v. Perry, 139 Mass. 198. A notice issued, under the Pub. Stats., chap. 80, sect. 21, by the board of health of a town to the occupant of certain premises, order- ing him to remove the nuisance existing thereon, may be served by a constable, although he is a member of the board of health, and signs the notice. A notice issued, under the Pub. Stats., chap. 80, sect. 21, by the board of health of a town to the occupant of certain premises, recit- ing that a nuisance, " consisting of a filthy hog-pen and stable," exists thereon,. and ordering him " to abate the said nuisance on your estate, and also to remove your hogs outside the limits of the village, within 18 1849 forty-eight hours after the service hereof," is valid as an order to abate the nuisance, and is not rendered void by the direction to remove the hogs. It is not necessary that a complaint to recover the forfeiture pro- vided by the Pub. Stats., chap. 80, sect. 21, for permitting a nuisance to remain on the premises after the time prescribed by the board of health of the town for its removal, should be made by the town treas- urer, but it may be made by an agent of the board of health, appointed under the Pub. Stats., chap. 80, sect. 1G. An omission in a complaint, under the Pub. Stats., chap. 80, sect. 21, for permitting a nuisance to remain on the premises after the time prescribed by the board of health of the town for its removal, to allege that the complainant is an agent of the board of health, he being in fact such agent, is at most a formal defect, which can be availed of only by a motion to quash. Commonwealth v. William N. Alden, 143, Mass., page 113. Order for abate- 28. Such order shall be made in writing, and served by any merit, how & ' J J p*s ed c so § 22 P erson coin P e tent to serve a notice in a civil suit, personally on the owner, occupant, or his authorized agent ; or a copy of the order may be left at the last and usual place of abode of the owner, occupant, or agent, if he is known and within the state. But if the premises are unoccupied and the residence of the owner or agent is unknown or without the state, the notice may be served by posting the same on the premises and advertising in one or more public newspapers in such manner and for such length of time as the board or health officer may direct. The manifest purpose of this provision is to enable the owner or occupant to remedy the evil in the mode least detrimental or offensive to himself, and thus secure himself and his premises from the intrusion of the agents of the board of health. City of Salem v. Eastern Railroad Company, 98 Mass. 444. The order addressed to a person directing him to remove a nuisance should describe the nature and locality of the nuisance. City of Salem v. Eastern Railroad Company, 98 Mass. 444. It is not the purpose of the order to direct in what mode the person should proceed to remove the nuisance. It should direct the end to be accomplished, leaving the party to adopt any effectual mode which he may choose. City of Salem v. Eastern Railroad Company, 98 Mass. 444. An order of a board of health, reciting that a railroad company, by filling up parts of a mill-pond in Salem, without supplying suitable and safe culverts, sluiceways, trenches, and other means of drainage, have created and are maintaining a nuisance at said pond, which is dan- gerous to the public health, and a cause of sickness to the inhabitants, and requiring the company to remove said nuisance and cause of sick- 19 ness within seven days after service of notice of the order, sufficiently informs the company of the nature and locality of the nuisance. City of Salem v. Eastern Railroad Company, 98 Mass. 431. 29. If the owner or occupant fails to comply with such Owner not com- . **\ plying, board to order, the board may cause the nuisance, source of filth, or remove nuisance . * ill • i at bin expense. cause of sickness, to be removed, and all expenses incurred p. s., c. so, § 23. thereby shall be paid by the owner, occupant, or other person 1797 who caused or permitted the same, if he has had actual notice from the board of health of the existence thereof. If the owner or occupant neglects to remove the nuisance, the board are then at liberty to enter upon the private property where it exists, and take such measures as they may see fit for its removal. City of Salem v. Eastern Railroad Company, 98 Mass. 444. If the order served upon the party prescribes a certain mode of remedying- the existing nuisance, the party is not bound to adopt that mode of remedying the evil, if auother mode could be made to answer the end sought; nor is the board restricted to that mode, if they are obliged to take action. They are not only at liberty, but it is their duty, to exercise their best discretion at the time. City of Salem v. Eastern Railroad Company, 98 Mass. 445. The importance of the duty imposed upon boards of health, the necessity of prompt and decisive measures to protect the public health, require a wide discretion in the use of means by which to "destroy, remove or prevent " such cause of sickness. If it be necessary to the proper performance of their duty, they may undoubtedly, in the exer- cise of their discretion, resort to means and measures which affect injuriously other lands than those upon which the manifestation of the cause of sickuess is found. Thus, where a railroad company built their railroad originally on piles across a body of water, not interfering with the free circulation of the water, but afterwards from time to time filled in with earth the structure, so as to finally make it solid, without providing sufficient culverts or other means of drainage, and thereby divided and confined the waters, and rendered them stagnant and noisome, a source of filth, and injurious to the public health, it was held that the board, after notice to the company and their refusal to act, were justified in enter- ing upon the land of the railroad company, and in digging a trench there, for the purpose of removing or preventing the nuisance existing upon the neighboring land. City of Salem v. Eastern Railroad Company, 98 Mass. 446. It is not to be inferred from the fact that the preliminary order is required to be served only upon the owner or occupant of the land upon which the nuisance is found, that the subsequent proceedings for recovery of the expenses of removal are limited to such owner or occupant. By the express terms of the statute, they may be claimed of any " other person who caused or permitted " the nuisance. 20 As to such other person, it is only requisite that he has had actual notice from the board of the existence thereof. City of Salem v. Eastern Railroad Company, 98 Mass. 445. An action to recover expenses incurred in the removal of a nuisance should be brought in the name of the city or town, and not in the names of the members of the board. City of Salem v. Eastern Railroad Company , 98 Mass. 442. Winthrop v. Farrar, 11 Allen, 398. In a suit to recover expenses incurred in removing a nuisance, when prosecuted against a. party on the ground that he " caused the same," but who was not heard, and had no opportunity to be heard, such party is not concluded by the findings or adjudications of the board, and may contest all the facts upon which his liability is sought to be established. City of Salem v. Eastern Railroad Company, 98 Mass. 447. In a suit to recover expenses incurred in removing a nuisance, when prosecuted against a party on the ground that he " caused the same," the record of proceedings of the board is prima facie evidence of the existence of a nuisance which warranted the board in taking action and incurring expense for its removal; but it is not evidence that the nuisance was caused by the defendant, and all the facts upon which it is sought to charge the defendant with liability are open to be tried and determined by the proofs in the case. City of Salem v. Eastern Railroad Company. 98 Mass. 451. Board may 30. The board, when satisfied upon due examination that a notify occupants L of unfit dwell- cellar, room, tenement, or building, in its town, occupied as a ing place to ° L quit, etc. dwelling-place, has become, by reason of the number of occu- P. S., c. 80, § 24. 01 7 J pants, want of cleanliness, or other cause, unfit for such purpose, and a cause of nuisance or sickness to the occupants or the 1850 public, may issue a notice in writing to such occupants, or any of them, requiring the premises to be put into a proper condi- tion as to cleanliness, or, if they see fit, requiring the occupants to quit the premises within such time as the board may deem reasonable. If the persons so notified, or any of them, neglect or refuse to comply with the terms of the notice, the board may cause the premises to be properly cleansed at the expense of the owners, or may remove the occupants forcibly and close up the premises, and the same shall not again be occupied as a dwelling-place without the consent in writing of the board. If the owner thereafter occupies or knowingly permits the same to be occupied without such permission in writing, he shall forfeit not less than ten nor more than fifty dollars, when a party is 31. When a persoD is convicted on an indictment for a com- nuisance, board mon nuisance injurious to the public health, the court in its 21 discretion may order it to be removed or destroyed at the ex- may order it destroyed. pense of the defendant, under the direction of the board of p.s., c. so, § 25. health ; and the form of the warrant to the sheriff or other 1801 officer may be varied accordingly. 32. The superior court, or a justice thereof, in term time or injunction may vacation, may, either before or pending a prosecution for a nuisance/ common nuisance affecting the public health, issue an injunction P ' S '' °* 8 °' § ~ 6 ' to stay or prevent the same until the matter is decided by a 132 7 jury or otherwise ; may enforce such injunction according to the course of proceedings in chancery ; and may dissolve the same when the court or one of the justices shall think proper. 33. When the board thinks it necessary for the preservation Board may of the lives or health of the inhabitants to enter any land, build- sory examiua- n . £ tion of premises, 1112:, or premises, or vessel within its town, for the purpose of when. . . ,. P.S., c. 80, § 27. examining into and destroying, removing, or preventing a nuisance, source of filth, or cause of sickness, and the board or any agent thereof sent for that purpose is refused such entry, any member of the board or such agent may make complaint igl6 under oath to any justice of any court of record or to two justices of the peace of the county, stating the facts of the case so far as he has knowledge thereof ; and said justice or justices may thereupon issue a warrant, directed to the sheriff or any of his deputies, to such agent of the board, or to any constable of such town, commanding him to take sufficient aid, and at any reasonable time repair to the place where such nuisance, source of filth, or cause of sickness complained of may be, and to de- stroy, remove, or prevent the same, under the directions of the board. 34. Expenses incurred by a town in the removal of nui- Expenses re- coverable of sances or for the preservation of the public health, which are individuals, how sued for. recoverable of a private person or corporation, may be sued for p.s., c. so, § so. and recovered in an action of contract. 1849 35. Fines and forfeitures incurred under general laWS, the Fines and for- special laws applicable to a town, or the by-laws and regula- to usefof towns! tions of a town, relating to health, shall inure to the use of such ^g^Q 8 °' ^ 81 town. Under Statute 1849, chap. 211, sect. 7, which provides that all fines and forfeitures, incurred under the general law or the special laws applicable to any town or city, or the ordinances, by-laws, and regula- tions of* any town or city, relating to health, shall inure to the use of such town or city, and may be recovered by complaint in the name of 22 the treasurer, it was held that such fines and forfeitures were recover- able only by complaint in the name of the treasurer of the city or town' and in no other way. Commonwealth v. Fahey, 5 Cush. 408. Under sect. 26, chap. 28 of the Pub. Stats., the city marshal or other police officer, or the city treasurer, may prosecute for all fines and forfeitures which may inure to the city. The ordinances and by-laws of the city of Boston relating to burying- grounds and the burial of the dead were held to be regulations relating to health within the meaning of the above statute. Commonwealth v. Fahey, 5 Cush. 411. Lands injurious to health, etc., deemed a nuisance. P. S., c. 80, § 28. 1808 [1887, 338, § 1.] Party aggrieved may appeal to superior court, and must give notice to board or health officers. 1887, 338, § 2. Persons injuri- ously affected, etc., may apply to board for abatement. P.S., c. 80, § 29, WET, ROTTEN, AND SPONGY LANDS. 36. Lands in a city or town which are wet, rotten, or spongy, or covered with stagnant water, so as to be offensive to persons residing in the vicinity thereof, or injurious to health, shall be deemed to be a nuisance, and the board of health or health officer of such city or town may, upon petition and hearing, abate such nuisance in the manner provided in the following sec- tions, but no such nuisance shall be abated by a board of health or health officer of a city or town without a previous appropria- tion therefor by such city or town if the expense of such abate- ment will exceed the sum of two thousand dollars. 37. Any person entitled to notice of the time and place of hearing upon a petition to the board of health or health officer, under the provisions of section twenty-eight of chapter eighty of the Public Statutes as prescribed by section thirty of said chapter, who is aggrieved by the decision of such board or health officer that the land described in such petition is a nuisance, may appeal therefrom to the superior court, who may hear and determine the matter of such appeal, and during such appeal all proceedings in regard to such nuisance by such board or health officer shall be stayed. The party so appealing shall within twenty-four hours after such decision give written notice to said board or health officer of his intention so to appeal and within seven days shall present a petition to the superior court setting forth the grievances complained of, and the action of the board of health or health officer thereon, and shall there- upon enter into such recognizance before said court in such sum and with such surety or sureties as shall be ordered. 38. Any person claiming to be injuriously affected by such nuisance may, by petition describing the premises upon which it is alleged to exist, and setting out the nature of the nuisance 23 complained of, apply to the hoard or health officer for its abate- 1808 ment ; thereupon such board or health ollleer shall proceed to view the premises, and examine into the nature and cause of such nuisance. 39. Upon such examination the board or health officer, if of appomt hearing, opinion that the prayer of the petition or any part thereof p tc g c 80 §30 should be granted, shall appoint a time and place for a hearing, and before the time so appointed shall cause reasonable notice -j^.g of the time and place to be given to the petitioners, the persons whose lands it may be necessary to enter upon to abate the nuisance, and any other persons who may be affected by the proceedings, and, except in those cities and towns in which the mayor and aldermen and selectmen constitute the board of health, to the mayor or the chairman of the selectmen, that they may be heard upon the necessity and mode of abating such nuisance, and the questions of damages, and of the assessment and apportionment of the expenses of the abatement. 40. Such notice shall be in writing, and may be served, by Form of notice, . , and how served. any person competent to serve civil process, upon the mayor, p.s., c. so, §31. or chairman of the selectmen, the petitioners, the owner or occupant of any land upon which it may be necessary to enter, 18G8 or which may be benefited by the abatement, or the authorized agent of such owner or occupant, or by leaving an attested copy of such notice at the last and usual place of abode of such persons ; but if the lands are unoccupied, and the owner or agent is unknown, or out of the State, the notice to such owner may be served by posting an attested copy thereof upon the premises, or by advertising in one or more public newspapers in such manner and for such length of time as the board or health officer may direct. 41. At the time and place appointed for the hearing, the Board after board or health officer shall hear the parties, and after the hear- abate nuisance. , . i j. i t , «i Manner of such ing may cause such nuisance to be abated, according to its or abatement. Damages, and upon wl excavations, embankments, and drains ftpon any lands, and p. 8 !!, 8 *!! his discretion ; and for that purpose may enter and make such upon whom §32. under and across any streets and ways, as may be necessary for such abatement ; and shall also determine in what manner and at whose expense the improvements made shall be kept in repair, and shall estimate and award the amount of damage sustained by and benefit accruing to any person by reason of such improve- ments, and what proportion of the expense of making and keep- 1808 24 ing the same in repair shall be borne by the city or town and by any person benefited thereby. The damages so awarded shall be paid by the city or town, and there shall be assessed to the sev- eral persons benefited by such improvements their proportionate part, to be ascertained as before provided, of the expense of making and keeping in repair such improvements, and the same shall be included in the next city or town taxes of such persons, and shall be a lien upon the real estate benefited thereby, and be collected in the same manner as other taxes upon real estate. Party aggrieved Any person aggrieved by the assessment so made may at any may apply for a . ... . . , . jury, but must time within three months after receiving notice thereof, apply 1887, 338, c § 3. f or a jury ; such application shall be made in like manner and the proceedings thereon shall be the same as in case of lands taken for laying out of highways : provided, that before making his application, the party shall give one month's notice in writ- ing to the selectmen or mayor and aldermen of his intention so to apply, and shall therein particularly specify his objections to the assessment, to which specification he shall be confined upon the hearing by the jury. Board to make 42. The board or health officer shall, within thirty days return of doings ^ ^ to town clerk, after the abatement of any nuisance in the manner hereinbefore P.S., c. 80, § 33. J provided, make return to the city or town clerk of its or his 1 808 doings in the premises, which return shall be by him recorded in the city or town records, if board unrea- 43. if the board or health officer unreasonably refuses or sonably refuses ^ to act, superior neglects to proceed in the matter of such petition, the petitioner court may o t i r appoint com- may apply by petition to the superior court or any justice p. s., c. 8<>j§ 34. thereof, who, upon a hearing and good cause shown, may 1868 appoint three commissioners, who shall proceed in the manner hereinbefore provided. Persons ag- 44. Any person aggrieved by the decision of the board, award o^dam- health officer, or commissioners, in their estimate and award of for jury. y apP '* damages, may make complaint to the county commissioners for p.s., c. so, § 35. j.j ie coun ty a t an y time within one year after the return to the 1868 c i£y or t own clerk ; thereupon the same proceedings shall be had as in cases where persons or parties are aggrieved by the award of damages by selectmen for land taken for a town way. An order of the board of health of a city, under Pub. Stats., chap. 80, sect. 32 (Statute of 1868, chap. 160), directing the owner of land to remove a nuisance, is void if passed without a previous notice and hearing. 25 The owner of swamp-land conveyed to a reservoir company [author- ized by its charter to store water, and to drain ofF the same in such manner as it should deem best, and for this purpose to acquire land by purchase or otherwise] the right of flowing or raising the waters of a pond over his land by a deed containing full covenants of seisin and warranty. Held, that the deed conveyed an easement in the land, and was not a release of damages for flowing the land; and that the reservoir company might maintain a bill in equity against the owner of the land to restrain him from filling the same. Watuppa Reservoir Company v. Colin McKenzie, 132 Mass. 71. A petition to the board of health of a city described a nuisance as "owing to large quantities of stagnant water standing in an open drain between " two streets of the city. The board of health issued a notice that it was acting under the Pub. Stats., chap. 80, sects. 30, 31 and 32 (Statute of 1868, chap. 160), and abated the nuisance. On a petition for a writ of certiorari to quash the proceedings of the board of health, it did not appear whether the drain was a public or private one, nor for what purpose it was made ; and it appeared to be a watercourse. Held, that it could not be said that the nuisance was not such as could be abated under the Pub. Stats., chap. 80, sects. 30, 31 and 32 (Statute of 1868, chap. 160), and that it was too late to take this objection. Grace v. Newton Board of Health, 135 Mass. 490. On a petition for a writ of certiorari to quash the proceedings of the board of health of a city, assessing the expense of abating a nuisance under the Pub. Stats., chap. 80, sect. 32 (Statute of 1868, chap. 160), the record showed a petition addressed to the board of health, which com- plained of large quantities of stagnant water standing in an open drain between two streets, from which arose such unhealthy odors as to cause great sickness in the neighborhood, and prayed for a hearing ; a reference of the same to the next city government; a vote of the board of health, the next year, to view the premises ; a view taken; an order that the city engineer, under direction of a committee, be directed to widen, straighten and deepen a watercourse between the two streets, and that the clerk be instructed to notify abutters on the watercourse of a hearing on a certain day, under the Pub. Stats., chap. 80, sect. 30 (Statutes of 1868, chap. 160) ; a warrant issued by the clerk to a constable ;o notify abutters of the intention of the board of health to enter upon the premises for the purpose of widening, deepening and straightening the brook, and that a hearing would be given, at a time and place named, to all parties interested in the matter, as to the necessity and mode of abating the nuisance caused by the brook, and the question of damages, and of the assessment and apportionment of the expenses thereof; and a notice setting forth these things, and stating that it was in accordance with the Pub. Stats., chap. 80, sect. 32 (Statute of 1868, chap. 160). Held, that it sufficiently appeared that the board was attempting to act under this statute. Held, also, that the petition was sufficient to give the board jurisdiction. Grace v. Newton Board of Health, 135 Mass. 490. 26 An assessment cannot be levied, for expenses incurred by a board of health under the Pub. Stat., chap. 80, sect. 32 (Statute of 1868, chap. 100), upon a person to whom notice of the hearing provided lor in .sect. 30 (3) is not given, although he has knowledge of the doing of the work whereby the expenses are incurred. Under the Pub. Stats., chap. 80, sect. 32 (Statute of 1868, chap. 160), a board of health may act by a committee in abating a nuisance. If a board of health has given notice of a hearing under the Pub. Stats., chap. 80, sect. 30 (Statute of 1868, chap. 160, sect. 3), it need not give a new notice of its intention to make an assessment, under sect. 32 (5). A report of a committee of the board of health of a city, upon the assessment of damages and benefits sustained by the abatement of a nuisance, under the Pub. Stats., chap. 80, sect. 32 (Statute of 1868, chap. 160, sect. 3), was accompanied by orders drawn in accordance with the report, and by warrants upon the city treasurer for the col- lection of assessments. The record showed that the report was accepted and the orders and warrants adopted. Held, that the adop- tion of the report sufficiently appeared. Grace v. Newton Board of Health, 135 Mass. 490. Persons ag- grieved by re- fusal of board to abate a nuisance may appeal to county commissione rs. P.S., c. 80, § 3G. 180(5 Tarty appealing to give notice, etc. Other proceedings. P. S , c. 80, § 37 18(50 Cost and expenses, how paid. P.S., c. 80, § 38. 18(50 APPEAL TO COUNTY COMMISSIONERS. 45. Any person aggrieved by the neglect or refusal of the board of health in a city or town to pass all proper orders abating a nuisance or nuisances may appeal to the county com- missioners, who may hear and determine the matter of such appeal, and exercise in such case all the powers which the board might exercise. 46. The party so appealing shall, within twenty-four hours after such neglect or refusal, give written notice to the opposite party of his intention so to appeal, and within seven days shall present a petition to some one of the commissioners, setting forth the grievances complained of, and the action of the board of health thereon, and shall thereupon enter into such recog- nizance before the commissioners, in such sum, and with such surety or sureties, as they shall order. 47. Each commissioner, when acting under the provisions of this chapter, shall tax three dollars per day for time, and five cents a mile for travel to and from the place of meeting, to be paid into the county treasury ; and such costs shall in the first instance be paid by the appellant, and the commissioners may award that such costs and any other costs of the proceedings shall be paid by either party, as in their judgment justice shall require. 27 DISEASES DANGEROUS TO PUBLIC HEALTH ; HOSPITALS INFECTED PERSONS AND THINGS ; CONTAGIOUS DISEASES IN PUBLIC SCHOOLS. 48. When a householder knows that a person within his Householders family is sick of small-pox, diphtheria, scarlet fever or any of Smgerous other disease dangerous to the public health, he shall immedi- ately give notice thereof to the selectmen or board of health of 1792 the town in which he dwells, and upon the death, recovery or removal of such person, the rooms occupied and the articles used by him shall be disinfected by such householder in a man- ner approved by the board of health. Any person neglecting Penalty, or refusing to comply with either of the above provisions shall Fs'sl os", § i. § ' § ' forfeit a sum not exceeding one hundred dollars.* 49. When a physician knows that a person whom he is physicians to called to visit is infected with small-pox, diphtheria, scarlet glve n ° lce ' fever or any other disease dangerous to public health, he shall X827 immediately give notice thereof to the selectmen or board of health of the town ; and if he refuses or neglects to give such Penalty, notice he shall forfeit for each offence not less than fifty nor i884j W, § 2. more than two hundred dollars. 50. The boards of health in the several cities and towns Records to be shall cause a record to' be kept of all reports received in pur- kept * suance of the preceding sections and such record shall contain - the names of all persons who are sick, the localities in which they live, the diseases with which they are affected, together with the date and the names of the persons reporting any such cases. The boards of health shall give the school committee School commit- immediate information of all cases of contagious diseases re- fied. ported to them according to the provisions of this act. 51. The secretary of the commonwealth shall furnish the Secretary to boards of health with blank books for the record of cases of record -books. '. ,. , . , , 1884,98, §4. contagious diseases as above provided. 52. When the board of health of any city or town has had Local boards J J . notify State notice of the occurrence of a case of small-pox in such city or board of cases , of small-pox. town, such board of health shall, within twenty-four hours after 1883, 13s, § 1. the receipt of such notice, notify the state board of health of the same, and the secretary of said state board shall forthwith transmit a copy of the notice so received to the state board of lunacy and charity. 53. If the board of health of the city or town, in which a Forfeiture of case of small-pox has occurred, refuses or neglects to send a expenses, if * See chap. 102, Acts of 1890, at end of this manual. 28 local board neglects to notify. 1883, 138, § 2. School commit- tees not to allow children sick with contagious diseases to attend school. Certificate of recovery required. 1S85, 198, § 1. Board may per- mit removal of iufected articles, etc. P. S., c. 80, § 39. 1816 Board to make provision for persons in- fected. P. S., c. 80, § 40. 1797 notice as required in section one, such city or town shall forfeit its claim upon the commonwealth, for the payment of any ex- penses which may be incurred, as provided in section eighty- three of chapter eighty of the Public Statutes. 54. The school committees shall not allow any pupil to attend the public schools while any member of the household to which such pupil belongs is sick of small-pox, diphtheria, or scarlet fever, or during a period of two weeks after the death, recovery or removal of such sick person ; and any pupil coming from such household shall be required to present, to the teacher of the school the pupil desires to attend, a certificate, from the attending physician or board of health, of the facts necessary to entitle him to admission in accordance with the above regulation. 55. The board of health of a town may grant permits for the removal of any nuisance, infected articles, or sick person, within the limits of its town, when it thinks it safe and proper so to do. 5G. When a person coming from abroad or residing in a town in this state is infected, or lately has been infected, with the plague or other sickness dangerous to the public health, except as is otherwise provided in this chapter, the board shall make effectual provision in the manner which it judges best for the safety of the inhabitants by removing such person to a separate house or otherwise, and by providing nurses and other assistance and necessaries, which shall 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 ; or if he is not an in- habitant of any town, at the charge of the commonwealth. Notice should be given to the town to which the infected person belongs, before commencing an action to recover the expenses incurred by furnishing him with assistance and necessaries. Inhabitants of Springfield v. Inhabitants of Worcester, 2 Cush. 52. The following notice, sent by the selectmen of Springfield to the selectmen of Worcester, was held to be sufficient. Springfield, May 25, 1846. Gentlemen : — James E. Belden, a colored man, came here, not far from the first of this mouth, diseased with the small-pox. The expenses of his sickness have been borne by this town, the man himself having no means of paying them. According to the information we have, the town of Worcester is liable for these expenses. We have therefore thought it our duty (although not legally obliged so to do) to notify you of the case, that you may take such measures in regard to it as you may deem proper. We are told Heury W. Miller of your place is well acquainted with Belden. The physicians who have had charge of the case state that their patient will probably recover. His disease has been the worst form of small-pox. In behalf of the selectmen of Springfield, HENRY MORRIS, Chairman. To the Selectmen op Worcester. Inhabitants of Springfield v. Inhabitants of Worcester, 2 Cush. 52. 29 Under the Pub. Stats., chap. 80, sects. 40, 41, 75, the board of health of a town has no authority to take possession of a dwelling-house and the furniture therein, without the consent of the owner and occupant and to his exclusion, and use the house as a hospital for a person found therein who is infected with a contagious disease, and is too sick to be removed without clanger to his health ; and the owner cannot maintain an action of contract against the town for the use and occupation of the house during the time it was so held by the board of health. Spring v. Hyde Park, 137 Mass. 554. A member of the board of health of a town has no authority, against the consent of the owner or occupant, to take possession of a dwelling- house in which a contagious disease exists, and of the furniture therein, to the exclusion of such owner or occupant, and to carry away and destroy portions of the furniture, or to station a person on the premises with instructions to prevent ingress to and egress from the same, except in the manner pointed out in the Pub. Stats., chap. 80. In an action against a member of the board of health of a town, who unlawfully took possession of the furniture in a house in which a con- tagious disease existed, and destroyed it, the defendant asked the judge to rule that the measure of damages was the market value of the property in its infected condition. The judge refused so to rule, and instructed the jury that the plaintiff was entitled to recover what the property was worth at the time it was taken, taking into consideration how much the value had been affected by its exposure to infection. Held, that the defendant had no ground of exception. Brown v. Murdock, 140 Mass. 314. 57. If the infected person cannot be removed without clanger if infected per- to his health, the board shall make provision for him, as directed remoJed\°other8 in the preceding section, in the house in which he may be ; and p a s.^t. so, § 4i. may cause the persons in the neighborhood to be removed, and 1797 take such other measures as it judges necessary for the safety -^ggg of the inhabitants. 58. The board of health of a town near to or bordering upon Persons may be either of the neighboring states may appoint, by writing, suit- p^esbordering able persons to attend at places by which travellers may pass to eSmin^etc. from infected places in other states ; who may examine such P " s "' c " 80 ' § 42 ' travellers as it suspects of bringing any infection dangerous to the public health, and if need be may restrain them from travel- 17i)7 ling until licensed thereto by the board of health of the town to which they may come. A traveller coming from such infected place, who without such license travels within this state (except to return by the most direct way to the state whence he came), after he has been cautioned to depart by the persons so ap- pointed, shall forfeit a sum not exceeding one hundred dollars. 30 mayissue C war- ^ ' ^ w0 j us ^ ces or " tue peace may, if need be, make out a S persons ve warrant directed to the sheriff of the county or his deputy, or to p c s c so §43 an y consta ^ e 5 requiring them under the direction of the board to remove any person infected with contagious sickness, or to 1797 impress and take up convenient houses, lodging, nurses, attend- ants and other necessaries, for the accommodation, safety and relief of the sick. fssue warrants When, upon the application of the board, it appears to arSs in etc Cted a j us ^ ce 0I * tne P ea ce that there is just cause to suspect that Sheriff may baggage, clothing or goods found within the town are infected impress aid. 00 07 ° ° p. 8., c. so, § 44. with the plague or other disease dangerous to the public health, he shall, by warrant directed to the sheriff or his deputy, or to 1797 any constable, require him to impress so many men as said justice may judge necessary to secure such baggage, clothing or goods, and to post said men as a guard over the house or place where such articles are lodged ; who shall take effectual care to prevent persons from removing or coming near the same until due inquiry is made into the circumstances. H^houTeTand ^ * The justice may by the same warrant, if it appears to stores for safe hi m necessary, require the officers, under the direction of the keeping of * 1 * 7 goods, etc. board, to impress and take up convenient houses or stores for V. S., c. 80, § 45. 7 1 1 the safe keeping of such articles ; and the board may cause 1797 them to be removed thereto, or otherwise detained, until, in the opinion of the board, they are freed from infection. May break open (j2. The officers, in the execution of the warrant, shall, if houses, shops, 7 ' ' mandaid COm nee( ^ ^e, break open any house, shop or other place, mentioned p.s.,c. so, § 46. i n the warrant, where such articles are ; and may require such aid as is necessary to effect the execution of the warrant. 1 797 Whoever neglects or refuses to assist in the execution of the warrant, after being commanded to assist by either of said officers, shall forfeit a sum not exceeding ten dollars. Sd e by e owners ^ ue cnar g es of securing such articles, and transporting p s°°c 8 8o §47 anc ^ P ul 'ify m g the same, shall be paid by the owners, at such 1797 rates and prices as may be determined by the board. Town to make 64. When a sheriff or other officer impresses or takes up any compensation 1 *• •* for houses, etc., houses, stores, lodging or other necessaries, or impresses men as or services ° ° i^m greased. ^ provided in this chapter, the several parties interested shall be entitled to a just compensation therefor, to be paid by the town in which such persons or property are so impressed. Removal of 65. When a person .confined in a common jail, house of prisoners . . . £ attacked with correction or workhouse, has a disease which, in the opinion or disease. 31 the physician of the board or of such other physician as it may p. b., c. so, § 49. consult, is dangerous to the safety and health of other prisoners or of the inhabitants of the town, the board shall by its order 181 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 its further order. If such person recovers from the disease, he shall be returned to said prison or other place of confinement. 6G. If the person so removed is committed by order of court Return of re- moval to be or under judicial process, the order for his removal, or a copy made to court. -iini Such removal thereof attested by the presiding member ot the board, shall be not an escape, returned by him, with the doings thereon, into the office of the r - s > c - 80 ' § clerk of the court from which the process of commitment was 1816 issued. No prisoner so removed shall thereby commit an escape. 67. Any town may establish within its limits, and be con- Hospitals may i .11.1 i -i i p ,, be provided by stantly provided with, one or more hospitals for the reception towns. of persons having a disease dangerous to the public health. I70i 8 °' § 7 ° 68. Such hospitals shall be subject to the orders and regula- To be under tions of the board, or of a committee of the town appointed for °f h e eait°h. boald ,i P. S., c. 80, § 71. that purpose. ' * 69. No such hospital shall be established within one hundred ^t-? be near 1 dwelling-house, rods of an inhabited dwelling-house situated in an adjoining etc. & J ° P. S.,c. 80, § 72. town, without the consent of such town. 1776 70. Whoever occupies or uses a building for a hospital in a Not to be part of a city or town prohibited by the mayor and aldermen or out^thority!" selectmen shall forfeit a sum not exceeding fifty dollars for p^g"^"* § 73. every month he so occupies or uses such building, and in like proportion for a portion of a month ; and the supreme judicial court in term time or vacation may issue an injunction to pre- vent such occupancy or use. 71. When a hospital is established, the physician, nurses, physicians, etc., attendants, the persons sick therein, and all persons approaching shoject tob'oard or coming within the limits thereof, and all furniture and other p.s?, a o?8o, §74. articles used or brought there, shall be subject to such regula- ^j^ s> tions as may be made by the board of health or the committee appointed for that purpose. 72. When a disease dangerous to the public health breaks if dangerous out in a town, the board shall immediately provide such hospital outt'boarcu^ 8 or place of reception for the sick and infected as is judged best j^™ e\c! h ° spi for their accommodation and the safety of the inhabitants, which p,s "' § 75. 32 1848 1873 1701 shall be subject to the regulations of the board ; and the board may cause any sick and infected person to be removed thereto, 1837 unless his condition will not admit of his removal without dan- ger to his health, in which case the house or place where he remains shall be considered as a hospital, and all persons residing in or in any way concerned within the same shall be subject to the regulations of the board as before provided. Selectmen to 73. When such disease is found to exist in a town, the give notice of 7 infected places, selectmen and board of health shall use all possible care to pre- P. 8., c. SO, § 76. L f vent the spreading of the infection, and to give public notice of 1792 infected places to travellers, by displaying red flags at proper distances, and by all other means which in their judgment shall 1838 De mos t effectual for the common safety. And whoever obstructs the selectmen, board of health, or its agent, in using such means to prevent the spreading of the infection, or wil- fully removes, obliterates, defaces, or handles the red flags or other signals so displayed, shall forfeit for each offence not less than ten nor more than one hundred dollars. Penalty on per- 74. if a physician or other person in any of the hospitals sons in hospitals . for violating or places of reception before mentioned, or who attends, regulations. A * p.s., c. so, § 77. approaches, or is concerned with the same, violates any regula- 1792 tion lawfully made in relation thereto, either with respect to 1838 himself or his or any other person's property, he shall for each of- fence forfeit not less than ten nor more than one hundred dollars, Certain pro- 75. The provisions of sections forty, forty-one, seventy-five, visions not to r J 1 J J apply to small- seventy-six, and seventy-seven, of chapter eighty, Public Stat- p. s., c. so, § 82. utes, so far as they confer authority for the removal of patients 1838 from their homes, except in cases of persons residing in board- 1840 m £ houses, hotels, or where two or more families occupy the same dwelling, and other cases, where in the opinion of the board and the attending physician the case cannot be properly isolated, shall not apply to small-pox. 1848 1872 Expenses, how 76. All reasonable expenses which have been heretofore or to be paid. p. s., c. so, § 83. may hereafter be incurred by the board of health of a city or town, in making the provision required by law for a person 1874 infected by the small-pox or other disease dangerous to the public health, shall be paid by the person himself, his parents, or master, if able ; otherwise by the town in which he has a legal settlement ; and if he has no settlement, by the Common- wealth, in which case the bills therefor shall be approved by the state board of lunacy and charity. 33 77. No city or town officer shall be allowed to send to the Small pox pa- tients not to be almshouse* any person infected with small-pox or other disease sent to state t i i t i .,, . . . almshouse; dangerous to the public health, or any other sick person whose how provided health would be endangered by removal ; but all such persons p°!g., c . 86, liable to be maintained by the Commonwealth shall be supported §§ 25 ' 26 ' during their sickness by the city or town in which they are taken |^.rj sick, and notice of such sickness shall be given to the state board, f which may examine the case and order the removal of ^§79 the patient if it deems expedient : provided, that the notice herein required, in cases of sick persons whose health would be endangered by removal, shall be signed by the overseers of the poor, or by such officer as they see fit by special vote to appoint, and they or he shall certify, after a personal exami- nation that in their or his opinion such removal of the person isss, 211, § 1. named in such notice, at the time of his application for aid, would endanger his health. 78. The expense incurred by a city or town under the pro- Expenses of * , small-pox cases. visions of the preceding section, after notice has been given as rsss, 211, § 2. therein required, shall be reimbursed by the Commonwealth, the bills for such support having been approved by the state board or by some person designated by it, the bill so audited being endorsed with a distinct declaration that the amount charged for has been paid from the city or town treasury. 79. The expense of thus supporting a person who is a state Expenses of pauper, written notice having been given to the state board case e s. pauper * within sixty days from the time when such aid shall be first 1885 ' 2n,§ °- given, shall be paid by the Commonwealth, reference being had to the expense of supporting such a person at the almshouse, if thereto committed. VACCINATION . 1810 J 80. Parents and guardians shall cause their children and Parents, etc., to cause children wards to be vaccinated before they attain the age of two years, p e naUy C f r ated ' and revaccinated when the selectmen or mayor and aldermen neglect. J , . P.S., c. 80, §51. shall after five years from the last vaccination require it. For every year's neglect the party offending shall forfeit five dollars. * State Almhouse at Tewksbury. t The term State Board in sects. 77, 78 and 79 of this manual has reference to the State Board of Lunacy and Charity. % Chapter 117, section 2, Acts of 1809, 1810, and dated March 6, 1810, provided for " inoculation of the inhabitants with the cow-pox, under the direction of the town board of health, or a committee chosen for that purpose." 1855 34 Selectmen, etc., to enforce vac- cination. Pen- alty for neglect. P. 8., c. 80, § 52. 1855 Towns to pro- vide means. P. 8., c. 80, § 53, 1855 Inmates of factories, etc., to be vaccinated. P. S.,c. 80, § 54. 1855 Towns may make further provision for vaccination. P. S., c. 80, § 55. 1810 School commit- tee not to allow unvaccinated children to attend public schools. P.S., c.47, §9. 1855 Selectmen may license lying-in hospitals, on certificate, etc. P.S., c. 80, § 56. 1876 Licenses to be for two years, but revocable. P.S., c. 80, § 57. 1876 Hospitals sub- ject to visitation, P.S., c. 80, § 58, 81. The selectmen and mayor and aldermen shall require and enforce the vaccination of all the inhabitants, and, when in their opinion the public health requires it, the revaccination of all the inhabitants who do not prove to their satisfaction that they have been successfully vaccinated or re vaccinated within five years. Every person over twenty-one years of age, not under guardianship, who neglects to comply with any such requirement, shall forfeit five dollars. 82. Towns shall furnish the means of vaccination to such of their inhabitants as are unable to pay for the same. 83. Incorporated manufacturing companies, superintendents of almshouses, state reform schools, industrial schools, lunatic hospitals, and other places where the poor and sick are received, masters of houses of correction, jailers, keepers of prisons, warden of the state prison, and superintendents or officers of all other institutions supported or aided by the state, shall at the expense of their respective establishments or institutions cause all inmates thereof to be vaccinated immediately upon their entrance thereto, unless they produce sufficient evidence of pre- vious successful vaccination within five years. 84. Each town may make further provision for the vaccina- tion of its inhabitants, under the direction of the board of health or a committee chosen for the purpose. 85. The school committee shall not allow a child who has not been duly vaccinated to be admitted to or connected with the public schools. LYING-IN HOSPITALS. 86. The selectmen of a town may license any person to establish or keep therein a lying-in hospital, hospital ward, or other place for the reception, care, and treatment of women in labor, if the board of health shall first certify to the selectmen that the person applying for such license is in its judgment a suitable person, and that from its inspection and examination of such hospital, hospital ward, or other place aforesaid, the same is suitable, and properly arranged and provided for such business. 87. Such license shall continue in force for two years, sub- ject, however, to revocation by the selectmen. 88. Every such hospital, hospital ward, or other place shall be subject to visitation and inspection at any time by the board of health, the chief of police, and the selectmen ; and if it receives 35 in a year more than six women as patients in labor, it shall also 1876 be subject to like visitation and inspection by the state board of health. 89. Whoever establishes or keeps or is concerned in estab- Penalties for . . , , , keeping hospital lishing or keeping a hospital, hospital ward, or other place for without license. 4.U S A • *' L + • A- P.S.,c.80,§59. the purpose mentioned in section fifty-six, or is engaged in any such business, without such license, shall for the first offence be 1876 punished by a fine not exceeding five hundred dollars, one half of which shall be paid to the complainant, and the other half to the town ; and for any subsequent offence by imprisonment in the jail or house of correction not exceeding two years. PROTECTION OF INFANTS. 90. Whoever engages in the business of taking nursing infants Persons taking , „ infant to nurse or infants under three years of age to board, or of entertaining or board to give or boarding more than two such infants in the same house at the of health, same time, shall, within two days after the reception of every such board, infant beyond the first two, give written notice to the board of P ' S "' c * 8 °' § 6 °* health of the city or town where such infant is so to be enter- 1876 tained or boarded, specifying the name and age of the child and the name and place of residence of the party so undertaking its care ; and such board may enter and inspect said house and premises while said business is carried on, and direct and enforce such sanitary measures respecting such children and premises as it may deem proper. 91. Whoever violates any of the provisions of the preceding Penalties. section, or refuses admission to such board for said purpose, p - s - c - 80 > § 61 - 1 876 shall be punished by a fine of not less than fifty nor more than AO «" five hundred dollars. QUARANTINE. 92. A town may establish a quarantine ground in a suitable Towns may place either within or without its own limits ; but if such place quarantine is without its limits, the assent of the town within whose limits p r °s°c! so, § 62. it may be established shall be first obtained. 1756 93. Two or more towns may at their joint expense establish Two or more a quarantine ground for their common use in a suitable place estlbiishY either within or without their own limits ; but if such place is quarantine without their limits, they shall firs town within whose limits it may be, without their limits, they shall first obtain the assent of the p.'s °c". so, § 63. 36 Board of health may establish the quarantine of vessels. P. S., c. 80, § 64. 1699 Quarantine regulations to extend to all persons, etc., P.8.,c. 80, § 65. 1816 Penalty for violation after public notice. P.S., c. 80, § 66. 1816 Vessels sus- pected of in- fection to be ordered to quarantine ground. P.S., c. 80, § 67. 1816 Penalty, if mas- ter, seamen, etc., refuse to answer on oath. P. S., c. 80, § 68. 1797 Quarantine expenses to be paid by person or owner. P.S., c. 80, § 69 1816 94. The board of health in each seaport town may from time to time establish the quarantine to be performed by vessels arriving within its harbor, and may make such quarantine regu- lations as it judges necessary for the health and safety of the inhabitants. 95. Such regulations shall extend to all persons, goods, and effects arriving in such vessels, and to all persons who may visit or go on board of the same. 96. Whoever violates any such regulation after notice there- of has been given in the manner before provided in this chapter shall forfeit not less than five nor more than five hundred dollars. 97. The board in each seaport town may at any time cause a vessel arriving in such port, when such vessel or the cargo thereof is in its opinion foul or infected so as to endanger the public health, to be removed to the quarantine ground and thoroughly purified at the expense of the owners, consignees, or persons in possession of the same ; and may cause all persons arriving in or going on board of such vessel, or handling the cargo, to be removed to any hospital under the care of the board, there to remain under their orders. 98. A master, seaman, or passenger, belonging to a vessel on board of which any infection then is or has lately been, or is suspected to have been, or which has been at or has come from a port where an infectious distemper prevails that may endanger the public health, who refuses to make answer on oath to such questions as may be asked him relating to such infection or dis- temper by the board of health of the town to which such vessel may come (which oath any member of the board may adminis- ter) , shall forfeit a sum not exceeding two hundred dollars ; and if not able to pay said sum, he shall suffer six months' impris- onment. 99. All expenses incurred on account of any person, vessel, or goods, under quarantine regulations, shall be paid by such person or the owner of such vessel or goods respectively. The owner of a vessel under quarantine regulations is not liable for the expenses of a seaman at a hospital, to which he had been trans- ferred by order of the board of health of a town, and which was under their care. Inhabitants of Provincetown v. Smith, 120 Mass. 96. In an action of replevin of certain rags imported into a city by the plaintiff, and retained by the defendant under a claim of lien for the 37 charges for disinfecting the rags, it is not open to the plaintiff to object that the answer, which is demurred to, does not show that the disinfec- tion was accomplished to the satisfaction of the board of health of the city in accordance with a regulation of the board, but only shows that the defendant's process of disinfection was one satisfactory to the board, if such objection is not specifically assigned as a cause of demurrer. In an action of replevin of certain rags imported into a city by the plaintiff, and retained by the defendant under a claim of lien for the charges for disinfecting the rags, it is not open to the plaintiff to con- tend that the provisions of the Pub. Stats., chap. 80, sects. 64, 67, contemplate a special exercise of the judgment of the board of health as to each cargo arriving, and not the passage of a general regulation, if the answer, which is demurred to, shows that there was a distinct order for the disinfection of the rags in question. A regulation of the board of health of a city, passed under the authority conferred by the Statute of 1816, chap. 44, and the Pub. Stats., chap. 80, and ordering " that on and after this date all rags arriving at this port from any foreign port shall, before being dis- charged, be disinfected under the supervision of an officer of this board, and in a manner satisfactory to this board," even if the order was formal only, and was passed without any inquiry into the character of the rags or their special history, is not unreasonable. A regulation of the board of health of a city, passed under authority conferred by the Statute of 1816, chap. 44, and the Pub. Stats., chap. 80, and ordering " that on and after this date all rags arriving at this port from a foreign port shall, before being discharged, be disinfected under the supervision of an officer of this board, and in a manner satisfactory to this board," is not void as infringing the power of Con- gress "to regulate commerce with foreign nations." Under the Statute of 1816, chap. 44, and the Pub. Stats., chap. 80, sects. 18, 64, 65, 67, 69, the board of health of a city may pass a regu- lation without a hearing, ordering rags imported into the city to be disinfected, and the expense of such disinfection to be borne by the owner of the rags ; and it is not competent for the owner of the rags, as a defence to the claim for charges for disinfection, to show that the rags did not require disinfection, and could not have transmitted disease, if they were of the class concerning which the regulation was made. Under a regulation of the board of health of a city, made in pur- suance of the authority conferred by the Statutes of 1816, chap. 44, and the Pub. Stats., chap. 80, sects. 18, 64, 65, 67, 69, ordering rags imported into the city to be disinfected at the expense of the owner, the work of disinfection may be delegated by the board to a third person, who is entitled to claim a lien upon the rags for his charges. Samuel P. Train and another v. Boston Disinfecting Company, 144 Mass., p. 523. 38 DOGS ; HYDROPHOBIA . p.s.,o.io2,§83. 100. Every license issued to the owner of a dog shall have 1877 printed thereon a description of the disease in dogs known as hydrophobia, said description to be supplied by the secretary of the state board of health to the clerks of the several cities and towns upon application therefor. Board to assign places for exer- cising offensive trades; and may prohibit them. P.S., c. 80, § 84. 1G92 1785 1855 OFFENSIVE TRADES. 101. The board of health of a town shall from time to time assign certain places for the exercise of any trade or employ- ment which is a nuisance or hurtful to the inhabitants, or dan- gerous to the public health, or the exercise of which is attended by noisome and injurious odors,' or is otherwise injurious to their estates, and may prohibit the exercise of such trade or employment in places not so assigned ; the board may also pro- hibit such exercise within the limits of the town or in any particular locality thereof. All such assignments shall be entered in the records of the town, and may be revoked when the board shall think proper. So far as this section extends, the rules and course of proceeding under the common law are superseded, but in all other respects it con- tinues in force as before. If the board of health acts and assigns places in which any particular trade or employment may be carried on, such an assignment would undoubtedly legalize the occupation of any per- son conducting his business in that place, and he would then be liable to no process, suit or prosecution, other than those which are specially appointed and prescribed. But if no such assignment has been made, and the board, in the exercise of their discretion, have not seen fit to act at all, a remedy for injuries to the public or for violation of private rights by the permanent maintenance of offensive trades and employ- ments must be found in the rules and principles of the common law. The statute, by leaving that body to act according to the discretion of its members, has imposed no duty upon them which they are impera- tively bound to perform, and no means have been provided by a recourse to which, as by a complaint made to them, they can be compelled to exercise the power with which they are intrusted. Commonwealth v. Rumford Chemical Works, 16 Gray, 231. The board may pass an order prohibiting the exercise of an offensive trade, without having given previous notice to parties interested. Belcher v. Farrar, 8 Allen, 327. In the above case, Bigelow, C. J., says : "If, as preliminary to the exercise of any jurisdiction over the subject-matter, the selectmen were required to give notice to all persons exercising offensive trades 39 or employments within the limits of the town, of their intention to prohibit the continuance of them, it would follow necessarily that such persons would have a right to appear and object, and ask for a hearing and trial on the question whether the use of their property was hate- ful or noxious, so as to fall within any of the classes contemplated by the statute. This would often lead to protracted examinations, which might occupy days or weeks. If, in the mean time, the alleged offensive and noisome trades might be carried on great injury to health might be occasioned; and it would be impossible to prevent the evils which it was the manifest object of the statute promptly to suppress." It is questionable .whether the prohibition of offensive trades is a proper subject of a by-law or ordinance, because that matter is specially provided for by statute ; and to prohibit their exercise in any particular locality in a town or city by by-law or ordinance would interfere with the right of appeal to a jury which the statute secures. Commonwealth v. Patch, 97 Mass. 223. The keeping of swine cannot be considered a trade within the meaning of the law, and would be a proper subject of a by-law or ordinance. Commonwealth v. Patch, 97 Mass. 223; but see 135 Mass. 526. An order of the board under this section is not in the nature of an adjudication of a particular case, but of a general regulation of the trade or employment mentioned therein. It is not to be construed with technical strictness, but with the same liberality as all votes and proceedings of municipal bodies or officers who are not presumed to be versed in the forms of law; and every reasonable presumption is to be made in its favor. It need not state in direct terms that the trade which it prohibits is a nuisance. It is sufficient if the order clearly shows, that, in the opinion of the board, the exercise of such trade will be hurtful to the inhabitants, or injurious to the public health, or be attended by noisome and injurious odors. Taunton v. Taylor, 116 Mass. 261. A board of health of a town in 1881 made a regulation which provided that no swine should be kept in any place in a town, without a permit being first obtained from the board. On a complaint against a person for violation of this regulation, it appeared that the defendant kept about a hundred and fifty swine, and had been engaged for years in the business of feeding offal to swine. Held, that such a keeping of swine was an " employment," and that the authority of the board to regulate the same was under the Pub. Stats., chap. 80, sect. 84 (Gen. Stats., chap. 26, sect. 52), and not under sect. 18 (5); that the defendant w r as entitled to notice under sect 87 (55) ; and that a pub- lication under sect. 19 (6) was not sufficient. Commonwealth v. Young, 135 Mass. 526. The following order of a board of health was held to be a valid exercise of the power conferred upon boards of health : — " Ordered, that the exercise of the trade or employment of preparing 40 tripe, manufacturing neat's-foot oil, tallow and glue stock, and the boiling and trying of bones, hoofs, heads, refuse, and partially decayed animal matter, and as a part of such trade or employment, the storing about the premises where such business is carried on, of putrid meats, bones, heads, legs, and the various other materials from which offen- sive smells emanate, which are used in such trade or employment, be and the same hereby is forbidden within the limits of the city of Taunton." Taunton v. Taylor, 11G Mass. 261. A board of health may regulate as well as prohibit the exercise of offensive trades. Sawyer v. State Board of Health, 125 Mass. 195. The same power by this section is given to the boards of health of towns and cities as is given by sect. 93, chap. 80, Pub. Stats., to the state board of health. The only difference is this, that by sect. 93 the state board is bound to give notice to a party, and allow him a hearing before it can pass an order of prohibition ; but under this section the local boards may pass an order of prohibition without any previous notice. Sawyer v. State Board of Health, 125 Mass. 191. Superior court on complaint may revoke such assign- ment. P.S., c. 80, § 85. 1710 1785 Action for dam- ages from nuisance. P. S., c. 80, § 86. 1 799 Orders of pro- hibition, etc., to be served on occupant. If he refuses to obey, board may prevent. Penalty. P. 8.. c. 80, § 87. 1855 102. When it appears on a trial before the superior court for the county, upon a complaint made by any person, that a place or building so assigned has become a nuisance, by reason of offensive smells or exhalations proceeding from the same, or is otherwise hurtful or dangerous to the neighborhood or to travellers, the court may revoke such assignment and prohibit the further use of such place or building for the exercise of cither of the aforesaid trades or employments, and may cause such nuisance to be removed or prevented. 103. A person injured either in his comfort or the enjoy- ment of his estate by such nuisance may have an action of tort for the damage sustained thereby. 104. Orders of prohibition shall be served upon the occupant or person having charge of the premises where such trade or employment is exercised. If the party upon whom such order is served for twenty-four hours after such service refuses or neglects to obey the same, the board shall take all necessary measures to prevent such exercise ; and the person so refusing or neglecting shall forfeit not less than fifty nor more than five hundred dollars. A notice ordered by the board and duly received is sufficiently served. It need not necessarily be served by a constable or other officer. Winthrop v. Farrar, 11 Allen, 398. 41 The supreme judicial court lias authority under its general jurisdic- tion as a court of equity to restain by injunction the carrying on of an offensive trade which has been prohibited by a board of health. But the board must act in good faith towards the parties interested, and if by their action they have misled them and put them in a position to prevent their availing themselves of their right to appeal, and by reason thereof they have lost their opportunity to appeal, the court will refuse to enforce the orders of the board by a process in equity. Winthrop v. Farrar, 11 Allen, 402. A bill in equity to restrain a party from exercising an offensive trade or employment prohibited by the board of health of a city is properly brought in the name of the city and properly signed by the mayor. Taunton v. Taylor, 116 Mass. 262. 105. Any person aggrieved by an order passed under section Appeal by per- eighty-f our or ninety-three of chapter eighty of the Public p° s^so! § 83. .Statutes may appeal therefrom, and if he shall within three days 1889 ' 193, § x * from the service thereof upon him file a petition in the clerk's 1799 office of the superior court, in the county where the premises are located with reference to which such order is made, for a 1855 jury, a trial may, after such notice as the court shall order to the board, be had at the bar of the court, in the same manner as other civil cases are there tried by jury. If a person by mistake of law or fact, or by accident, fails to appeal from any such order and to file his petition for a jury within three days, and if he makes it appear to the court or justice that such failure was caused by mistake or accident, and that he has not since the service of such order upon him exercised such trade or em- ployment contrary to the order, he may at any time within thirty days from the service of the order upon him appeal there- from and file his petition for a jury with the same effect as if done within the said three days. 106. During the pendency of the appeal such trade or em- Trade not to be exercised ployment shall not be exercised contrary to the order unless meanwhile. specially authorized by said board after the appeal, and if so f889,''i93 8 °§'i. 89 specially authorized, all further proceedings by said board shall be stayed during the pendency of the appeal ; and upon any AOOt> violation of the order unless specially authorized as aforesaid, the appeal shall forthwith be dismissed. The statute giving to boards of health the power to forbid the exer- cise, within the limits of a town or city, or in any particular locality thereof, of any trade or employment which is a nuisance or hurtful to the inhabitants or dangerous to the public health, or the exercise of 42 which is attended by noisome and injurious odors or is otherwise njurious to their estates, and providing for an appeal, and that during the pendency of the appeal such trade or employment shall not be exercised contrary to the order, is within the authority of the legisla- ture and constitutional. Taunton v. Taylor, 116 Mass. 260. In Taunton v. Taylor, 116 Mass. 260, Gray, C. J., says: "To allow the otfeusive trade to be carried on until it had been decided by a jury to be a nuisance, and the question of law arising upon such a trial had been determined by the court, would defeat the purpose of the statute. It is a case in which private rights must be held subordinate to the public welfare, and falls within the strictest interpretation of the maxim, Salus populi suprema lex. " The rights of any person to be affected by the order of prohibition are reasonably secured by requiring the order to be served upon him or the person in charge of his business, and by allowing him an appeal to a jury to be impanelled immediately without waiting for a regular term of court, and by whose verdict the order may be altered, annulled or affirmed." Taunton v. Taylor, 116 Mass. 260. verdict of jury 107. The verdict of the iury, which may either alter the may alter, etc., J order; to be order, or affirm or annul it in full, shall be returned to the court returned for acceptance. for acceptance as in case of highways ; and said verdict when P.S., c. 80, § 90. 1 J ' 1889, 193, § 2. accepted shall have the authority and effect of an original order 1855 from which no appeal had been taken, and may also be enforced by injunction or other order of the court in equity. The following order was issued by the state board of health : — COMMONWEALTH OF MASSACHUSETTS. State Board of Health, Boston, April 5, 1876. To George A. Sawyer of the town of Watertown, in the county of Middlesex. You arc hereby notified, that at a meeting of the state board of health, held at Boston, in the county of Suffolk, on the third day of April, 1876, it was ordered, on the petition of W. H. Ingrahara and four others, and after a hearing of the parties, that G-eorge A- Sawyer of Watertown be, and he hereby is, directed to discontinue the business of slaughtering and rendering on the premises now occupied by him, on and after the fifteenth day of May, 1876. And it is adjudged and determined by this board, that the premises are noxious and offensive, and that the public health and the public comfort and convenience require that the said George A. Sawyer be ordered as aforesaid, to cease and desist from carrying on the said business on the said premises, on and after the fifteenth day of May, 1876. And you are hereby directed to comply in all respects with the requirements of the said order, under penalty of what may follow thereon. An appeal was taken to a jury of the superior court. The case was then tried in the superior court, and the jury returned the following verdict and special findings : — 43 " The jury alter the order of the state board of health, dated April 5, 1876, as follows : That Mr. George A. Sawyer shall be permitted to continue the business of slaughtering animals on the premises now occupied by him in the town of Watertown, under the restrictions as per appended sheet. " 1. Mr. George A. Sawyer shall be required to concrete the cellar under his slaughter- house, in concave form. " 2. Mr. Sawyer shall not keep swine in or under his slaughter-house. " 3. All offal and offensive matter shall be removed from the above premises before ten o'clock p.m. of the day of killing, in covered, water-tight boxes or tanks. "4. Said premises shall be kept at all times in a condition of neatness and cleanliness acceptable to the local board of health." Held, that the several findings of the jury were sufficiently clear, precise* and definite in matters of form, and were proper in substance. Sawyer v. State Board of Health, 125 Mass. 196. Where an appeal is taken and trial had before a sheriff's jury, if the defendant is dissatisfied with the verdict, his remedy is, by application to the superior court, to set it aside, and, if aggrieved by any ruling of that court in matter of law, by bringing the question before the supreme court on exceptions or appeal. Taunton v. Taylor, 116 Mass. 262. 108. If the order is affirmed by the verdict, the town shall J 8 ° B B e t B s 8 ' e ^ ow recover costs against the appellant. If it is annulled, and the JgJJ 11 ^ ^ appellant has not been specially authorized by said board after the appeal to exercise such trade or employment during the 1855 pendency of the appeal, he shall recover damages and costs against the town ; and if he has been specially authorized as aforesaid and the order is annulled, or if it is altered, the appellant shall not recover damages against the town, and the court shall render such judgment as to costs as in its discretion may seem just. 109. Whoever occupies or uses a buildiDg for carrying on slaughter therein the business of slaughtering cattle, sheep, or other to be used with- animals, or for a melting or rendering establishment, or for aity kave ' Pe " other noxious or offensive trades and occupations, or permits P,S '' c " 80 ' § 92 ' or allows said trades or occupations to be carried on upon premises owned or occupied by him, without first obtaining the written consent and permission of the mayor and aldermen of the city or selectmen of the town in which the building or premises are situated, shall forfeit a sum not exceeding two hundred dollars for every month he so occupies or uses such building or premises, and in like proportion for a longer or shorter time : provided, that this section shall not apply to any building or premises occupied or used for the trades or occupa- tions before described on the eighth day of May in the year 44 eighteen hundred and seventy-one ; but no person occupying or using any building or premises on said date for the trades or occupations aforesaid shall enlarge or extend the same without first obtaining the written consent and permission of the mayor and aldermen or selectmen. The above section is constitutional and valid as a police regulation. Watertown v. Mayo, 109 Mass. 318. Where a person before the passage of the above statute used and occupied a building on his own land as a slaughter-house, and therein slaughtered cattle, sheep and other animals, as a business, and after the passage of the statute he continued the business of slaughtering in said building, when the same caught fire accidentally, and was con- sumed, and afterwards he immediately rebuilt said slaughter-house on the same site, and continued his business of slaughtering cattle, sheep and other animals therein, and it further appeared that the new build- ing was different from the old one in its construction and arrangement, but was not larger or more extensive in size or capacity, the court held that the right to continue, without license, the same business in the building was not forfeited, and that the building was within the exception stated in the section. Watertown v. Sawyer, 109 Mass. 320. The manifest purpose of the legislature is to protect the business already established, in the place where it is carried on, not the identical building which happened to be standing for its use when the law was enacted. Watertown v. Sawyer, 109 Mass. 320. A person was the owner of land and buildings used for a long period for a melting and rendering establishment and for the manufacture of soap in Somerville, a city containing more than four thousand inhabi- tants. In this rendering business he made use of two open kettles; but the building in which they were placed did not cover the entir e lot of land. In the year 1872 he tore down a part of his buildings, which were old and dilapidated, and, without consent or permission from the mayor and aldermen of Somerville, erected a new building, standing partly on land covered by the old buildings and partly on laud that had not been so covered. The new building covered about one-third as much space as the oid buildings, and was two stories high with a French roof, while the old buildings were, for the most part, only one story in height. The owner's purpose was to place in that part of the new building formerly covered by the old one a covered kettle or tank for melting and rendering purposes, and to use the residue of the building for storage and other purposes connected with his business, and to tear down and discontinue the use of the old buildings and of the two open kettles. The capacity of the proposed new tank for rendering purposes would not exceed, and might not equal, that of the two open kettles. The old buildings were standing and in use, except so far as displaced by the new building. 45 Upon these facts the court held that it did not appear that the defendant had enlarged the premises occupied by him for the business in question, or that he had increased or purposed to increase the busi- ness, and refused to issue an injunction restraining him from so enlarging and extending them. Somerville v. O'Neil, 114 Mass. 353. 110. When any building or premises are so occupied or state board may - , „ ... i prohibit offen- USed, the state board of health shall, upon application made to sive trades. . t Penalty. it for that purpose, appoint a time and place for hearing the p.s., c. so, § 93. parties, and give due notice thereof to the party against whom the application is made, and after such notice and hearing may, if in its judgment the public health or the public comfort and convenience so require, order any person to desist and cease from further carrying on said trades or occupations in such building or premises ; and any person thereafter continuing so 1874 to occupy or use such building or premises shall forfeit a sum not exceeding two hundred dollars for every month of such occupancy and use, and in like proportion for a longer or shorter time. Precisely the same power is given by sect. 84, chap. 80 of the Public Statutes, to the local boards of health, as by this section is given to the state board. The only difference is this, that the state board is bound to give notice to a party, and allow him a hearing, before it can pass an order of prohibition ; but the local boards may pass an order of prohibition without any previous notice. Sawyer v. State Board of Health, 125 Mass. 191. The same right to appeal to a jury from an order of the state board exists as is provided for an appeal from an order of a local board under sect. 84. Sawyer v. State Board of Health, 125 Mass. 191. 111. The supreme judicial court in term time or vacation injunction to . . . . , ... , prevent offen- may issue an injunction to prevent the occupancy, use, enlarge- give trades, ment, or extension of any building or premises occupied or P ' S '' c- 80 ' * 94 * used for the trades or occupations aforesaid, without the writ- 1^71 ten consent and permission being first obtained ; and also in like manner to enforce the orders of the state board issued under the preceding section. A bill in equity to restrain by injunction a person from occupying and using a building for carrying on the business of slaughtering cattle, sheep or other animals, without the written consent of the selectmen, is properly brought in the name of the inhabitants of the town. Inhabitants of Watertown v. Mayo, 109 Mass. 315. 46 Other remedies not impaired by preceding pro- visions. P. S., c. 80, § 95. 1874 Corporations may be formed for buying and slaughtering swine, etc. P. S., c. 107, § 1. 1874 May take hind, with approval of state board of health ; to rile a description in registry of deeds. P.S., c. 107, § 1874 Liability for damages. Trial by jury. P.S., c. 107, §3. 1874 112. The three preceding sections shall not be so construed as to impair any other remedies which may exist in cases of nuisance. SWINE-SLAUGHTERING ASSOCIATIONS . 113. Three or more persons who associate themselves together by such an agreement in writing as is described in section sixteen of chapter one hundred and six of the Public Statutes, with a capital of not less than one hundred thousand nor more than five hundred thousand dollars, with the intention of forming a corporation for the purpose of buying and slaughter- ing swine and of melting and rendering and pork- packing, upon complying with the provisions of section twenty-one of said chapter shall be and remain a corporation, with all the powers, rights, and privileges, and subject to all the duties, limitations, and restrictions, contained in said chapter, except as hereinafter provided. 114. Such corporation may take and hold by purchase or otherwise such parcel of land, not exceeding one hundred acres in extent, and situated in such place, as the state board of health may determine to be suitable for said business ; and shall, within sixty days from the time of taking any land other wise than by purchase, cause to be signed by its president and filed in the registry of deeds for the county or district wherein said lands lie a description thereof as certain as is required in a common conveyance of lands and a statement of the purpose for which the lands are taken ; but no land shall be so taken without the approval in writing of the mayor and aldermen of the city or of the selectmen of the town in which it is situated. 115. Such corporation shall be liable to pay all damages sustained by any persons in their property by the taking of any land for the purposes of this chapter. A person sustaining damages as aforesaid, and not agreeing upon the sum to be paid therefor, may apply by petition for the assessment of his dam- ages, at any time within one year from the taking of said land, to the superior court in the county in which said land is situate ; such petition may be filed in the clerk's office of said court in vacation or in term time, and the clerk shall thereupon issue a summons to the corporation, returnable, if issued in Vacation, to the then next term of the said court, held fourteen days at least after the issuing of said summons, and, if in term time, return- able on such day as the court shall order, to appear and answer 47 to the said petition ; the said summons shall be served fourteen days at least before the return day thereof by leaving a copy thereof with the clerk of the corporation, and upon the return of said summons, duly served, the said petition shall stand as a cause in said court ; and upon said petition all questions of fact relating to the damages sustained by the petitioner shall be heard and determined, and the amount of such damages shall be assessed by a jury, unless the parties in writing waive their right to a jury, and agree that the same shall be determined by the court ; and the verdict of said jury, being accepted and recorded by the court, or the award of the court if jury trial is waived, shall be final and conclusive, and judgment shall be rendered and execution issued thereon ; and costs shall be recovered by the petitioner if the amount of said judgment exceeds the amount offered him for his damage before the filing of said petition, otherwise the corporation shall recover its costs. 116. Such corporation shall proceed to build upon such to build suita- land, suitable buildings for the slaughtering of swine and for regulation" 8 ^ melting and rendering, and all necessary stables and out-build- p?s!, b cTio7, § 4. ings. No such buildings shall be erected until the plans thereof, with all details of construction, have been submitted to 1874 and approved by said state board, or some person designated by it to examine them. The corporation shall carry on all its business in accordance with such regulations as said state board shall, from time to time, establish and furnish in writing to the clerk of the corporation ; and for each violation of said regula- tions, it shall forfeit not less than twenty nor more than five hundred dollars. 117. Subject to the foregoing provisions, such corporation such corpora- may manufacture and sell any of the usual products of said on slaughteriug slaughtering and melting and rendering business, or may lease or Each member permit other persons to use their buildings or parts thereof, on o^preniifesf 1 such terms as may be agreed upon. Each member of the cor- p ' s " c ' 107 ' § 5 * poration may slaughter swine on said premises, subject to such ^374 regulations and tariff of prices as the corporation may by vote at any regular meeting establish, and to the regulations of the said state board. A person engaged in business on the prem- ises of such corporation, who violates any regulations of said state board, shall forfeit not less than twenty nor more than five hundred dollars. 48 1878 POLLUTION OF RIVERS AND SOURCES OF WATER AND ICE SUPPLIES. Sources of H8. No sewage, drainage, or refuse or polluting matter, of water supply ° 1 ° not to be such kind and amount as either by itself or in connection with polluted. ^ p.s., c. so, §96. other matter will corrupt or impair the quality of the water of any pond or stream hereinafter referred to, for domestic use, or render it injurious to health, and no human excrement, shall be discharged into any pond used as a source of water supply by a city or town, or upon whose banks any filter basin so used is situated, - or into any stream so used, or upon whose banks such filter basin is situated, within twenty miles above the point where such supply is taken, or into any feeders of such pond or stream within such twenty miles. Certain rights H9. The preceding section shall not be construed to destroy not to be im- 1 & J paired. Pro- or impair rights acquired by legislative grant prior to the first applicable to day of July in the year eighteen hundred and seventy-eight, or certain rivers. . . . " . , p. s., c. so, § 97. to destroy or impair prescriptive rights of drainage or discharge, to the extent to which they lawfully existed on that date ; and nothing therein contained shall be construed to authorize the pollution of any waters in this commonwealth, in any manner contrary to law ; nor shall it be applicable to the Merrimack or Connecticut Rivers, or to so much of the Concord River as lies Supreme or within the limits of the city of Lowell. The supreme judicial or superior court, in term time or vacation, upon the application of the mayor of a city or the selectmen of a town interested, issVisf n'. 96 ' ma y g ran t au injunction against any violation of the provisions of section ninety-six of chapter eighty of the Public Statutes. If a pond and the waters of a stream running into the pond are taken for the purpose of supplying a city with pure water, it is no defence to a petition in equity, under the Statutes of 1884, chap. 154, for an injunc- tion to restrain a person from polluting the stream, that the city has, by means of a dike, prevented the waters of the stream from running into and polluting the waters of the pond. Martin v. Gleason, 139 Mass. 183. 1878 superior court may grant an injunction against a viola Cities and towns 120. Any city or town having a water supply may contract building sewers with any other city or town situated in the water-shed of such supp?y! ctwatei supply to contribute, on such terms as may be deemed proper, 1888, loo. to ^ cQgt o £ | 3u ji^j n g a sewer or system of sewers which will aid in protecting any part of the source of such water supply from pollution. 49 121. Whoever wilfully or maliciously defiles, corrupts, or Corrupting J * . spring, etc., or makes impure any spring, or other source of water, or reservoir, injuring aque- or destroys or injures any pipe, conductor of water, or other p.s., c. 208, § 7. property pertaining to an aqueduct, or aids or abets in any such trespass, shall be punished by fine not exceeding one thousand 1843 dollars, or by imprisonment in the jail not exceeding one year. / 122. Whoever wilfully deposits excrement, or foul or decay- Sources of *^ . domestic water- ing matter, in any water used for the purpose of domestic supply. water-supply, or upon the shore thereof within five rods of the water, shall be punished by fine not exceeding fifty dollars, or by imprisonment not exceeding thirty days ; and a police officer or constable of a city or town in which such water 1379 is wholly or partly situated, acting within the limits of his city or town, and any executive officer or agent of a water board, board of water commissioners, or water company furnish- ing water for domestic purposes, acting upon the premises of such board or company and not more than five rods from the water, may without a warrant arrest any person found in the act of violating the provisions of this section, and detain him until a complaint can be made against him therefor. But this section shall not be so construed as to interfere with the sewage of a city, town, or public institution, or to prevent boating, bathing, or fishing, or the enriching of land for agri- cultural purposes by the owner or occupant thereof. A landlord is liable for the acts-of his tenant in polluting the waters of a brook, which is a natural watercourse running; through the prem- ises, by discharging sink water therein, if the building leased is adapted and intended to be used in the manner complained of, whether he retains control over the house or not. In an action for polluting the waters of a brook, which is a natural watercourse, if the injury to the plaintiff resulting from the defendant's acts can be specifically ascertained, it is no defence that the plaintiff has also polluted the brook. A land owner may collect the surface water of his land, and the water drawn from wells therein, into an artificial stream, and discharge this stream into a natural watercourse running through his land, provided that this is done in the reasonable use of his land, and that the volume of water is not increased beyond the natural capacity of the watercourse to discharge it, and the land of an adjoining owner is not thereby overflowed and materially injured. Jackman v. Arlington Mills, 137 Mass. 277. 50 Bathing in 123. Whoever bathes in a pond, the water of which is used water-supply * ' Penary 6 for tne P ur P 0Se °f domestic water-supply for a city or town, 1884, 172. shall be punished by fine not exceeding ten dollars. Penalty for 124. Whoever drives a horse on the ice on a pond, the water driving horse # 1 on ice of pond of which is used for the purpose of domestic water-supply for a used for water- , 1 1 1 1 J supply, etc. city or town, shall be punished by fine not exceeding fifty p. a., c. 80, §101. , „ . 1880 dollars, or imprisonment not exceeding thirty clays. above tiont ° ^ ne P rece ding section shall not apply to persons p.s.,c.8o,§io2. engaged in cutting or harvesting ice from such ponds, or in hauling logs, wood, or lumber. Complaint of 126. Upon complaint in writing of not less than twenty- sale of impure J ice. state five consumers of ice which is cut, sold, and held for sale from board may hear partu s inter- any pond or stream in this Commonwealth, alleging that said 1886, 287, § i. ice is impure and injurious to health, the state board of health may appoint a time and place for hearing parties to be affected and give due notice thereof to such parties, and after such hearing said board may make such orders concerning the sale of said ice as in its judgment the public health requires. b?i8sued n b may ^ e supreme judicial court in term time or vacation i8?6 r< 28? c §°2 irt ' ma y i ssue ai1 injunction to enforce such orders of the state board. Parties may 128. Such orders of the state board of health shall be served apjn-ui toa° f upon any person or persons who are or have been selling said 1886,' 287, § 3. impure ice, and any party aggrieved thereby shall have the right of appeal to a jury and be subject to the provisions of sections eighty-eight, eighty-nine and ninety of chapter eighty of the Public Statutes, and the court may render such judgment as to costs as in its discretion may seem just. Water boards, 129. Water boards, water commissioners, and water companies etc., to make ' 7 1 to state board* 18 ma ^ m & use > as a sour ce of water-supply, of any pond, stream, p.s.,c.8o, §103. reservoir, or well, within the Commonwealth, and distributing the waters thereof for public, domestic, and general uses, shall 1879 make returns to the state board on or before the first day of November in every third year beginning with the year eighteen hundred and eighty-two of the facts hereinafter enumerated : provided, that the expense incurred by any such board, commis- sioners, or company, shall not exceed fifty dollars. And the state board shall publish triennially, in its report to the legisla- ture, the returns received, arranged by counties separately, and those from each county alphabetically. 130. Each of such water boards, commissioners, and com- panies shall state in the proper places on the blanks which the state board shall, on application, furnish for the purpose, — Form of return P.S..C.80, §104 51 1. Its name, charter, or other legal basis, and place of business. 2. The source or sources of its water-supply, and the name, if any, and location of each. 3. The superficial area of its water-surface, if pond, reservoir, or large well. 4. The area of watershed supplying such source or sources. 5. The general geological and topographical character of the water- Shed. G. The estimated capacity of each such source by average daily flow. 7. The estimated capacity of each such source by minimum daily flow. 8. Whether the watershed is also wholly or in part that of other ponds, streams, or reservoirs, besides that used by the party making* return ; and if so, to what extent. 9. Whether or not the source employed by the party making return is used jointly by some other party for a water-source; and if so, by whom. 10. Whether there are other sources'within ten miles, not already appropriated by law, that could be availed of in connection with the source or sources now enjoyed by the party making return ; and if so, what, and their location, area, watershed, and the means necessary to connect, with the distance from present source, and from territory to be supplied. 11. What danger of contamination the waters at present held are liable to. 12. Whether or not an analysis has been made of the water at present used, and the results of any such; by whom, and where. 13. Whether the waters at present used have been stocked with fish ; if so, to what extent, by whom and where. 14. What, up to date, has been the cost of the water-works in use, iucluding rights and lands taken, aud all damages paid ; stating cost of water-rights separately, and to whom paid. 15. Whether the storage capacity of the present source can be in- creased, and at what probable cost, exclusive of damage by flowing, and at what damage to private parties or corporations. 16. Whether any town, village, or city discharges its sewers or drains into the source used by the returning party, or their tributaries. 17. The population of the town, city, or village so discharging its sewers or drains into said source,' and the character of its manufactures. 18. The apparent results of such sewage. 19. The average daily consumption for the year of the population supplied by the party making return. 20. The percentum used by families. 21. The average consumption per family, per day. 22. The probable increase of demand, as near as can be estimated for the next year. 23. The water rates established. 52 24. The system of distribution, whether by gravity, stand-pipe, direct pumping, reservoir, or otherwise. 25. The condition of water debt and sinking fund. 26. How the effluent water is now got rid of. 27. Into what stream or body of water it finally flows. 28. What protection against impurity of present source not now provided is desired. 29. What additional expense such protection would involve, and to whom. state board to 131. The state board shall, on application from the parties furnish blanks. rL 1 Penalty for neg- who are required to make said returns, furnish the requisite lect to make returns, state blanks therefor ; and any water board, commissioners, or coin- board to prose- • _ i . i cute. pany required to make said returns shall for every neglect or p.s.,c.8o,§io5. f a ij ure g0 to C | Q ^ forfeit fifty dollars to the use of the local board of health, or the proper officers acting as such, of the city or town in which such delinquent has its principal office. And the state board shall prosecute, by an action of tort in the name of the Commonwealth, for the recovery of the penalty or forfeit herein imposed. Chapter extends to cities. P.S.,c.80,§106. State board to have supervi- sion of inland waters. May employ engi- neers and clerks. Shall report its do- ings. Shall recommend legislation and plans. 1886, 274, § 1. 1888, 375, § 1. GENERAL PROVISION. 132. The provisions of this chapter (c. 80, Public Statutes) extend to cities so far as the same are not inconsistent with their several charters or acts in amendment thereof. 133. The state board of health shall have the general over- sight and care of all inland waters, and shall be furnished with maps, plans and documents suitable for this purpose, and records of all its doings in relation thereto shall be kept. It may employ such engineers and clerks and other assistants as it may deem necessary : provided, that no contracts or other acts which involve the payment of money from the treasury of the Com- monwealth shall be made or done without an appropriation expressly made therefor by the general court. It shall annu- ally on or before the tenth day of January report to the general court its doings in the preceding year, and at the same time submit estimates of the sums required to meet the expenses of said board in relation to the care and oversight of inland waters for the ensuing year, and it shall also recommend legislation and suitable plans for such systems of main sewers as it may deem necessary for the preservation of the public health, and for the purification and prevention of pollution of the ponds, streams, and inland waters of the Commonwealth. 53 134. Said board shall from time to time, as it may deem state board expedient, cause examinations of the said waters to be made inland waters for the purpose of ascertaining whether the same are adapted nVfo^domestic for use as sources of domestic water supplies or are in a measurestopre- condition likely to impair the interests of the public or persons Ind t conduct n ' lawfully using the same, or imperil the public health. It shall KeSpfoy* recommend measures for prevention of the pollution of such 2J4 May employ r § 2 - waters, and for removal of substances and causes of every kind i 888 » 375, § 2. which may be liable to cause pollution thereof, in order to pro- tect and develop the rights and property of the Commonwealth therein and to protect the public health. It shall have authority to conduct experiments to determine the best practicable methods of purification of drainage and sewage or disposal of the same. For the purposes aforesaid it may employ such ex- pert assistance as may be necessary. 135. It shall from time to time consult with and advise the shall consult authorities of cities and towns, or with corporations, firms or authorities of individuals either already having or intending to introduce Sstc^ntroduc™ systems of water supply, drainage or sewerage, as to the most bup^LbI^I appropriate source of supply, the best practicable method of seweiage - assuring the purity thereof or of disposing of their drainage or sewage, having regard to the present and prospective needs and interests of other cities, towns, corporations, firms or individ- uals which maybe affected thereby. It shall also from time shall consult . . . .. , , , . ,. -1 with and advise to time consult with and advise persons or corporations engaged corporations as or intending to engage in any manufacturing or other business, p°o&aiT a iuthori- drainage or sewage from which may tend to cause the pollution porat°ons°o of any inland water, as to the best practicable method of pre- the boar^f" 8 fc ° venting such pollution by the interception, disposal or purifica- tion of such drainage or sewage : provided, that no person shall be compelled to bear the expense of such consultation or advice, or of experiments made for the purposes of this act. All such authorities, corporations, firms and individuals are hereby required to give notice to said board of their intentions in the premises, and to submit for its advice outlines of their pro- posed plans or schemes in relation to water supply and disposal of drainage and sewage, and all petitions to the legislature for Petitions to authority to introduce a system of water supply, drainage or accompanied be sewerage shall be accompanied by a copy of the recommenda- ^o^i^ lce ° f tion and advice of the said board thereon. Said board shall Board shall • in- • bring cases of bring to the notice of the attorney-general all instances which neglect to notice 54 of attorney- general, and report to legislature. 1886, 274, § 3. 1888, 375, § 3. Definition of " drainage " and " sewage. 1888, 375, § 4. may come to its knowledge of omission to comply with existing laws respecting the pollution of water supplies and inland waters, and shall annually report to the legislature any specific cases not covered by the provisions of existing laws, which in its opinion call for further legislation. 136. In this act the term "drainage" refers to rainfall, surface and subsoil water only, and " sewage " refers to domestic and manufacturing filth and refuse. CEMETERIES, BURIALS, AND REMOVAL OR TRANSPORTATION OF BODIES. Lots to be 137. Lots in cemeteries shall be held indivisible, and upon indivisible, but r inheritable. the decease of a proprietor, his heirs at law, or the devisees of Representatives of, how desig- such lot if devised, shall succeed to his privileges. If there is nated. ' 1 & p. s., c. 82, § 3. more than one heir or devisee, they shall within nine months from such decease designate in writing to the clerk of the cor- 1841 poration which of their number shall represent the lot ; and on their failure so to designate, the board of trustees or directors of the corporation shall enter of record which of said heirs or devisees shall represent the lot while such failure continues. precedin" 8 sec- ^ ne P rece ding section shall apply to all tombs in pub- tion to apply to \[ Q cemeteries in cities, and the boards of health in cities 'shall tombs in public cemeteries in exercise, in regard to such tombs, the powers granted by said p. s., c. 82, § 4. section to trustees or directors of cemetery corporations. 1877 139. Boards of health of cities and towns may prohibit the he° a a ith 8 may use by undertakers, for the purpose of speculation, of tombs as uons! regula ' places of deposit for bodies committed to them for burial ; may, Fssfj^Tsfl'i. 19 " if in their opinion the public health requires it, close any tomb, burial ground, cemetery or other place of burial within the city 18 1G or town, for such length of time as they may deem necessary for the protection of the public health ; may make all regula- tions which they judge necessary concerning burial grounds and interments within their respective limits, and may establish penalties not exceeding one hundred dollars for any breach of such regulations. The powers given to boards of health are large and general to make regulations for the interment of the dead and respecting burying- grounds. Withington v. Inhabitants of Harvard, 8 Cush. 68. This section is not confined in its operation to acts done within the burial-grounds. The word "interments" properly includes and de- 55 scribes the removal of the bodies of deceased persons for the purpose of burial. That this necessary duty shall be performed, especially when under- taken for hire, by suitable and trustworthy persons, and that the mov- ing of dead bodies through the public streets shall be conducted with decency and safety, are obviously matters proper for municipal regula- tion, and which, as well as the mode of burial-, may concern the public health to no slight extent. Commonwealth v. Goodrich, 13 Allen, 546. The board of health of a city may establish a regulation prohibiting any person, unless appointed an undertaker or otherwise authorized by the board of health, from moving from any house or other place in the city to any place of burial the body of any deceased person, and making it the duty of undertakers to attend funerals when required, and to collect and pay over the burial fees, and requiring, further, each undertaker to give bonds in the sum of two hundred dollars. The refusal or neglect of a person appointed an undertaker to give the bond required by the regulation would justify the revocation of his appointment without any previous notice to him. Commonwealth v. Goodrich, 13 Allen, 546. 140. Notice of such regulations shall be given by publish- Boards of health ing the same in some newspaper of the city or town or, if there regulations. , , , . . ut l P. S., c. 82, §20. is no such newspaper, by posting a copy in some public place therein ; which shall be deemed legal notice to all persons. 141. For every interment in violation of section eighteen, Penalty for chapter eighty- two of the Public Statutes, in a city or town in v^otluo^oYaec- which the notice prescribed in the preceding section has been p?s.?c h 82, e §'2i. given, the owner of the land so used shall forfeit not less than 1855 twenty nor more than one hundred dollars. Sect. 18 of chap. 82, Public Statutes, provides that, "Except in the case of the erection or use of a tomb on private land, for the exclusive use of the family of the owner, no land other than that already so used or appropriated shall be used for the purpose of burial, unless by permission of the town or of the mayor and aldermen of the city in which the same is situated." 142. Before a tomb, burial ground, or cemetery is closed by Notice to he order of such board of health for a time longer than One month, closing tombs, all persons interested shall have an opportunity to be heard, hoa'i-d y mder ° f and personal notice of the time and place of hearing shall be p - s »c. 82, §22. given to at least one owner of the tomb, and to three at least, ^§55 if so many there are, of the proprietors of such burial ground or cemetery, and notice shall also be published two successive 56 1855 weeks at least preceding such hearing, in two newspapers, if so many there are, published in the county, mder oVboard. Tne owner of a tomb aggrieved by the order of the p.s.,c. 82, §23. board of health closing a tomb, burial-ground, or cemetery, may appeal therefrom, and at any time within six months from the date of the order enter his appeal in the superior court ; and 1850 tne a PP e H an t shall give the board of health fourteen days' notice of his appeal previous to the entry thereof. But the order of the board shall remain in force until a decision is had on the appeal. ^ur b ° Co B d ts by ApP £a l s shall be tried in regular course before a jury, r.s., c. 82, §24. and if the jury find that the tomb, burial ground or cemetery 1885, 278, § 2. so closed was not a nuisance nor injurious to the public health at the time of the order, and that the closing thereof was not necessary for the protection of the public health, the court shall rescind such order so far as it affects such tomb, burial ground or cemetery ; and execution for the costs of the appeal shall issue in favor of the appellant, against the city or town in which the same was situated. But if the order is sustained execution shall issue for double costs against the appellant in favor of the board of health for the use of the city or town. Burial or 145. No human body shall be buried or removed from any removal or body J ^ not permitted c ^y or town until a proper certificate has been given by the until certificate J 11 ^ has been given, clerk or registrar to the undertaker, sexton, or other person P. fe., c. 32, § 5. 1883, 124. performing the burial or removing the body. Such certificate shall state that the facts required by chapter thirty-two of the Public Statutes have been returned and recorded ; and no clerk or registrar shall give such certificate or burial permit until the certificate of the cause of death has been obtained from the physician, if any, in attendance at the last sickness of the deceased and placed in the hands of said clerk or registrar ; and in cities and towns where there are boards of health, the certificate of the cause of death shall also be approved by such board before a permit to bury or remove is given by the regis- trar or clerk. Upon application, the chairman of the board of health, or any physician employed by any city or town for such purpose, shall sign the certificate of the cause of death to the best of his knowledge and belief, if there has been no physician in attendance. He shall also sign such certificate, upon application, in case of death by dangerous contagious disease, or in any other event when the certificate of the 57 attending physician cannot for good and sufficient reasons be early enough obtained. In case of death by violence, the medical examiner attending shall furnish the requisite medical certificate. Any person violating the provisions of this section shall be punished by fine not exceeding twenty-five dollars. 146. No railroad corporation, or other common carrier or Transportation of bodies of per- person, shall convey or cause to be conveyed, through or from sons who have any city or town in this Commonwealth, the remains or any tious disease, person who has died of small-pox, scarlet fever, diphtheria, or be so prepared typhoid fever, until such body has been so encased and pre - danger. 1883 1^4 § ^ pared as to preclude any danger of communicating the disease ' to others by its transportation ; and no local registrar or clerk shall give a permit for the removal of such body until he has received from the board of health of the city, or the selectmen of the town where the death occurred, a certificate, stating the cause of death, and that said body has been prepared in the manner set forth in this section, which certificate shall be delivered to the agent or person who receives the body. Any Penalty, person violating the provisions of this section shall be punished by fine, not exceeding twenty-five dollars. 147. The boards of health of towns and the mayor and ^^y^ aldermen of cities shall, on or before the first day of July in ^o ard ofiieaRh. each year, license a suitable number of undertakers to take charge of the funeral rites preliminary to the interment of a human body. 148. Whoever, not being authorized by the board of health, Violation of ° J sepulture. overseers of the poor, directors of a workhouse, or mayor and p.s.,c.207,§47, aldermen or selectmen of a city or town, or by the board of directors for public institutions or overseers of the poor of the 1830 city of Boston, wilfully digs up, disinters, removes, or conveys away a human body or the remains thereof, or knowingly aids in such disinterment, removal, or conveying away, and who- ever is accessory thereto either before or after the fact, shall be punished by imprisonment in the state prison or jail not exceed- ing three years or by fine not exceeding two thousand dollars. The removal of a dead body is not an offence within the meaning - of the above statute, unless it is removed with the intent to use it or dis- pose of it for the purpose of dissection. Commonwealth v. Slack, 19 Pick. 306. 58 CREMATION. persons may 6 ^9. ^ny nve or more persons may associate themselves ti°oTim C p!npo9e together in the manner prescribed by chapter one hundred and SUdtoSea. 118 six of the Public Statutes, with a capital of not less than six 1885, 265, § i. thousand nor more than fifty thousand dollars, for the purpose of providing the necessary appliances and facilities for the proper disposal by incineration of the bodies of the dead ; and corporations so established shall have the same powers and privi- leges and be subject to the same duties, liabilities and restric- tions as other corporations established under said chapter, except as hereinafter provided. The par value of shares in the capital stock of corporations organized under the provisions of this act shall be either ten or fifty dollars. May hold real 150. Every such corporation may acquire by gift, devise eel ate as ap- » 1 J ^ J 1 proved by state or purchase, and hold in fee simple so much real estate not board of health. 1 7 1 1885, 265, § 2. exceeding in value fifty thousand dollars as may be necessary for carrying out the objects connected with and appropriate to the purposes of said corporation, and situated in such place as the state board of health may determine to be suitable for said objects and purposes. No building shall be erected, occupied or used by such corporation until the location and plans thereof, with all details of construction, have been submitted to and approved by said board or some person designated by it to examine them. 5ws and rules Every such corporation may make by-laws and regula- approvaTof 16 tions consistent with law and subject to the approval of said 1885° 265 a § d 3 k° ai 'd, f° r the reception and cremation of bodies of deceased persons, and for the disposition of the ashes remain- ing therefrom, and shall carry on all its business in accordance with such regulations as said board shall from time to time establish and furnish in writing to the clerk of the corporation, and for each violation of said regulations, it shall forfeit not less than twenty nor more than five hundred dollars. No body to be 152. No body of a deceased person shall be cremated c remated within J 1 4s hours after within forty-eight hours after decease, unless death was occa- death. Certih- J D ' cate of medical sioned by contagious or infectious disease ; and no body shall examiner . required in be received or cremated by said corporation until its officers addition to . usual certificate, have received the certificate or burial permit required by law Fees of medical ; , _, . examiner. before burial, together with a certificate from the medical 1885, 26o, §4. exam i ner f the district within which the death occurred, that 59 he has viewed the body and made personal inquiry into the cause and manner of death, and is of opinion that no fur- ther examination nor judicial inquiry concerning the same is necessary. For such view, inquiry and certificate he shall receive the fees prescribed by section nine of chapter twenty- six of the Public Statutes for a view without an autopsy by examiners in counties other than Suffolk County. Medical examiners within their respective districts shall make such view and inquiry upon application therefor and payment or tender of said fees. CONTAGIOUS DISEASES AMONG CATTLE. 153. The governor, with the advice and consent of the Cattle commis- • i . -, . . o sioners to be council, shall appoint a board of cattle commissioners of not appointed, more than three members, whose term of office shall commence compensation.' on the first day of October, eighteen hundred and eighty-five, vacancies', and who shall hold office as follows : — One of said members i885, e 378. for the term of three years, one for the term of two years, one for the term of one year, and thereafter one of said members shall be appointed annually for the term of three years. The compensation of such commissioners shall not exceed five dol- lars per clay for actual service, in addition to their travelling expenses necessarily incurred. Any member of the board may be removed by the governor and council, and they may termi- nate the commissions of the entire board when in their judg- ment the public safety may permit. Vacancies in the board by the expirations of the terms of service or otherwise shall from time to time be filled by appointment by the governor with the consent of the council. 154. It shall be the duty of the cattle commissioners to commissioners make inquiries and gather facts and statistics in relation to the J u ?rieT relative prevalence among the neat stock of this state, of the disease neat^tock! m known as abortion, the annual losses caused thereby, and its 1884 ' 232 ' § lm effect on the healthfulness of milk as an article of food. 155. To ascertain the real character of the disease, its may make ex- cause, and the best methods of its cure or prevention, the com- Sercile other missioners may make or cause to be made experiments, investi- K, 6 ^, § 2. gations and examinations, and for this purpose shall have and exercise all the powers conferred upon them in cases of con- tagious disease by the provisions of section fourteen of chapter ninety of the Public Statutes. 60 Commissioners may kill sick anim als. 1884, 232, § 3. Appropriation. 1884, 232, § 4. Boards of health to cause infected ani- mals to be quarantined. Expense to be paid by cities and towns 1887, 252, § 1. Boards of Ilea 1th may prohibit departure of animals and ap- point agents to enforce regula- tions. 1887, 252, § 2. may make regulations, arrest and detain animals, etc. 1S87, 252, § 3. Regulations to be recorded and published. 1887, 252, § 4. 156. The commissioners for the purpose of aiding them in their investigations may kill any animal affected with said dis- ease, and such animal shall be paid for as provided in section seventeen of chapter ninety of the Public Statutes. Said com- missioners shall make a detailed statement in their annual report of their doings under the provisions of this act. 157. There shall be allowed and paid out of the treasury a sum not exceeding two thousand dollars, to be expended as may be necessary in carrying out the provisions of this act. 158. The boards of health of cities and towns, in case of the existence in this Commonwealth of the disease called pleuro- pneumonia among cattle, or farcy or glanders among horses, or any other contagious or infectious disease among domestic animals, shall cause the animals which are infected, or which have been exposed to infection in their respective cities and towns, to be secured or collected in some suitable place or places within their cities or towns, and kept isolated ; and when taken from the premises or possession of their owners, the expense of their maintenance shall be paid by the city or town wherein the animal is kept, and four-fifths of such payment, when certified by the treasurer of such city or town, shall be refunded by the Commonwealth ; such isolation to continue as long as the existence of such disease or other circumstances may render it necessary. 159. They may, within their respective cities and towns, prohibit the departure of animals from any inclosure or exclude animals therefrom, and may appoint agents who shall have power to enforce the prohibitions and regulations for which provision is made in sections three and four of this act. 160. They may make regulations in writing to regulate or prohibit the passage from, to or through their respective cities or towns, or from place to place within the same, of any cattle or other domestic animals, and may arrest and detain *at the cost of the owners thereof all animals found passing in violation of such regulations ; and may take all other necessary measures for the enforcement of such prohibition, and also for prevent- ing the spread of any disease among the animals of their respective cities and towns and the immediate vicinity thereof. 161. Such regulations shall be recorded upon the records of their cities and towns respectively, and shall be published in such cities and towns in such manner as may be provided in such regulations. (31 162. Any person disobeying the orders of the boards of Penalty for " A r ° disobedience. health, made in conformity with section three, or driving or 1887,252, §5. transporting any animals contrary to the regulations made, published and recorded as aforesaid, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding one year. 163. Whoever has knowledge of, or has good reason to sus- Notice to be pect the existence of a contagious disease among any species of ^health aTto domestic animals in this state, whether such knowledge is JS 8ed obtained by personal examination or otherwise, shall forthwith give notice thereof to the board of health of the city or town where such diseased animals are kept ; and for failure so to do Penalty, shall be punished by a fine not exceeding five hundred dollars, 1887 ' 25 . 2 ' § 6 * or by imprisonment in jail not exceeding one year. 164. The board of health of a city or town, having Board of health , ,. - , , m . • \. to examine do- received notice or a suspected case or contagious disease among mestic animals' any of the domestic animals in their city or town, shall forth- i88°7° 252* C §i. with make an examination thereof personally, or by a com- petent person appointed by them for that purpose, and if satis- fied there are good reasons for believing that contagion is present, shall immediately inform the cattle commissioners. 165. A city or town whose officers refuse or neglect to carry Penalty for re- into effect the provisions of the first four and the seventh sec- 1887J 252° § S 8. eCt ' tions of this act, shall forfeit a sum not exceeding five hundred dollars for each day's neglect. 166. The boards of health of cities and towns, when in Boards of health their judgment it is necessary to carry into effect the provisions anYesSate* 1, of this chapter, may within their respective cities and towns ?2Srf 8 a'c£! d take and hold, for a term not exceeding one year, any land, ESp. tlon ° f without buildings other than barns thereon, upon which to enclose and isolate any animals ; and they shall cause the dam- age sustained by the owner in consequence of such taking and holding to be appraised by the assessors of the city or town wherein the lands so taken are situated ; and they shall further cause a description of such land, setting forth the boundaries thereof, and the area as nearly as may be estimated, together with the said appraisal, to be entered on the records of the city or town. The amount of said appraisement shall be paid as Expenses, how provided in section one, in such sums and at such times as the paid ' board of health may order. If the owner of land so taken is dissatisfied with said appraisement he may by action of contract G2 Owner may re- cover by action if dissatisfied. 1887, 252, § 9. Regulations of cattle commis- sioners to super- sede those of boards of health. 1887, 252, § 10. Commissioners to have the power and authority of boards of health, and may establish hos- pitals and quar- antines, and may direct boards of health . Penalty. 1887, 252, § 11. Commissioners may cause in- fected animals to be killed and buried, and may have an ap- praisal made. 1887, 252, § 12. may cause cer- tain animals to be killed with- out appraisal. recover of the city or town wherein the lands lie a fair compen- sation for the damages sustained by him, but no costs shall be taxed unless the damages recovered in such action, exclusive of interest, exceed said appraisement. And the Commonwealth shall reimburse to the city or town four-fifths of any sum recovered of it in any such action. 167. When a board of cattle commissioners, appointed in accordance with the provisions of chapter three hundred and seventy-eight of the acts of the year eighteen hundred and eighty-five, is in existence, and makes and publishes any regu- lations concerning the extirpation, cure or treatment of animals infected with, or which have been exposed to any contagious disease, such regulations shall supersede those made by boards of health, and boards of health shall carry out and enforce all orders and directions of said commissioners to them directed. 168. Said commissioners shall have all the power and authority herein conferred upon boards of health, and in addi. tion may establish hospitals or quarantines with proper accom_ modations wherein, under prescribed regulations, animals by them selected may be confined and treated, for the purpose of determining the varying characteristics of and the methods by which a specific contagion may be disseminated or destroyed ; and they may direct boards of health to enforce and carry into effect all such regulations as may from time to time be made for that end. And any such officer who refuses or neglects to carry out any such regulation of the commissioners, shall be punished by a fine not exceeding five hundred dollars for every such offence. 169. The commissioners, when in their judgment the cir- cumstances of the case and the public good require it, may cause to be killed and buried any domestic animals which are infected with or have been exposed to contagious disease ; and except as is provided in the following section shall cause such animals to be appraised by three competent, disinterested men, under oath, at the fair value thereof in their condition at the time of appraisement, and the amount of the appraisement and necessary expense of the same shall be paid as provided in sec- tion one. 170. When the commissioners, by an examination of a case of contagious disease among domestic animals, become satisfied that it has been contracted by intention or negligence on the 63 part of the owner, or of a person in his employ, or by his con- sent, or by the use of food material liable to contain the germs of contagion, they shall cause such animals to be securely isolated at the expense of the owner, or they shall cause them to be killed without appraisal or payment ; and in all cases of F , arc y or 1 x r J glanders. farcy or glanders, the commissioners having condemned the 1887 > 252 > § 13 - animal infected therewith, shall cause such animal to be killed without an appraisal, but may pay the owner or any other per- son an equitable sum for the killing and burial thereof. 171. A person who fails to comply with a regulation made Penalty for non- . .. .itt e ,i • compliance. or an order given by the commissioners in the discharge of their 1887, 252, § u. duty, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding one year. 172. Prosecutions under the preceding section may be main- Prosecutions j . i . . may be main- tained in any COUnty. tained in any 173. All appraisements under this chapter shall be in writing 1887° J52, § 15. and signed by the appraisers and certified by the boards of Appraisements J rr J io be in writing health or commissioners, respectively, to the treasurers of the {J^"^^^ cities and towns where the animals are kept, and forwarded to the auditor of the Commonwealth. 174. The commissioners may examine under oath all per- Commissioners sons believed to possess knowledge of material facts concerning wftneie^IInder the existence or dissemination or danger of dissemination of hlv^^powers contagious disease among domestic animals ; and for this pur- JeaceJ 1068 ° f pose shall have all the powers vested in justices of the peace to paid?' ^ ow take depositions, and to compel witnesses 'to attend and testify 1887 > 252 » § 17 - by chapter one hundred and sixty-nine of the Public Statutes. All costs and expenses incurred in procuring the attendance of such witnesses shall be allowed and paid to the commissioners from the treasury of the Commonwealth upon being certified to and approved by the state auditor. 175. When animals exposed to contagious diseases are Carcasses may killed by order of the commissioners, their carcasses may be and^Sffor inspected by the commissioners or a competent, discreet person disease, appointed by them, and if they are found entirely free of dis- SeXofsa^ ' ease and in a wholesome condition for food, they may be sold 1887 ' 252 ' § 18- by them or by their order, and the proceeds of the sales shall be applied in payment of the appraised value of said animals. 176. Cattle commissioners now or hereafter appointed shall Commissioners 1 rn t * - -1 • -1 to keep a record keep a tull record or their doings, and report the same to the and report to legislature on or before the tenth day of January in each year le§Islature ' 64 1887, 252, § 19. unless sooner required by the governor ; and an abstract of the same shall be printed in the annual report of the state board of agriculture. Certain animals 177. When animals are transported within this state from may be seized 1 and quaran- infected localities beyond its boundary lines, such animals may tined at expense * J J ' J knicTif 1 *' and ^ e se * ze( * an( ^ quarantined by the commissioners, at the expense necessary. ^ of the owners thereof, so long as the public safety may require ; and if, in their judgment, it is necessary to secure that safety they may cause such animals to be killed without appraisal or payment for the same. Certain cattle 178. No Texan, Mexican, Cherokee, Indian or other cattle, not to be driven 7 7 on streets, or which the cattle commissioners decide may spread contagious outside of stock- d 1 yards. disease shall be driven on the streets of any city, town or village, 1887, 252, § 21. & or on any road in this Commonwealth, nor shall they be driven outside the stockyards connected with any railway in this Com- monwealth, between the first day of March and the first day of November. Certain cattle to 179. In all stockyards within this Commonwealth said be separated in ^ pens, when. Texan, Mexican, Cherokee, Indian or other cattle, which the 1887, 252, § 22. ' ' ' ' cattle commissioners decide may spread contagious disease, shall be kept in different pens from those in which other cattle are kept, from the first day of March until the first day of November. Penalty for 180. Any person or persons violating any provision of the 1887, 252, § 23. two preceding sections shall be punished by a fine of not less than twenty nor more than one hundred dollars. Chapter 90, p. 181. Chapter ninety of the Public Statutes and chapter one Aet^o^isTsfre! hundred and forty-eight of the acts of the year eighteen hundred i88 a 7, e 252, § 24. and eighty-five are hereby repealed : provided, that nothing herein contained shall affect any prosecution pending, or any penalty incurred before this act takes effect. Governor 182. That the governor is hereby authorized to accept on authorized to J L accept united behalf of the state the rules and regulations prepared by the States rules and l l j regulations. commissioner of agriculture, under and in pursuance of section Sheriffs and & ' 1 others to assist three of an act of congress approved on the twenty-ninth day of May in the year eighteen hundred and eighty-four, estab- lishing the bureau of animal industry ; and it is hereby made the duty of sheriffs, constables and peace officers to assist said inspectors to inspectors when so requested ; and said inspectors shall have ers and protec- the same powers and protection as peace officers while engaged officers? ^ 6 in the discharge of their duties. 1887, 250, § 1. 65 183. All expenses of quarantine, condemnation of animals Expenses to be paid by the exposed to disease and the expenses of any and all measures United states, that may be used to suppress and extirpate pi euro-pneumonia 188 '' 2o0 ' §3 - shall be paid by the United States, and in no case shall this state be liable for any damages or expenses of any kind under the provisions of this act. MEDICAL SOCIETIES ; DEGREES OR DIPLOMAS. 184. No corporation organized for medical purposes under Medical socie- the provisions of chapter one hundred and fifteen of the Public fer degrees Statutes shall confer degrees, or issue diplomas or certificates Kid"/ i^Sa, conferring or purporting to confer degrees, unless specially SS," 268, § l. authorized by the legislature so to do. 185. An officer, agent or servant of any corporation men- Penalty for vio- & * • a lationofact. tioned in section one, or any other person conferring degrees, 1883, 268, §2. or signing, issuing or authorizing the signing or issuing of any diploma or certificate purporting to confer any degree of medi- cine or surgery, contrary to the provisions of this act, shall be punished by fine of not less than five hundred dollars, nor more than one thousand dollars. COLOR-BLINDNESS AND DEFECTIVE SIGHT. 186. No railroad corporation shall employ or keep in its Railroad em- employment, in a position which requires the person employed examined rela- therein to distinguish form or color signals, any person, unless biindne^and he has been examined for color-blindness or other defective R^iiVsfrre. sight by some competent person employed by the corporation 1883 ' 125 ' and has received a certificate that he is not disqualified for such position by color-blindness or other defective sight. A railroad corporation shall forfeit one hundred dollars for each violation of the provisions of this section. INSTRUCTION IN PHYSIOLOGY AND HYGIENE ; ALCOHOL, STIMULANTS AND NARCOTICS. 187. Physiology and hygiene, which, in both divisions of Physiology and J V 5 * 7 ^ ' hygiene to be the subject, shall include special instruction as to the effects of taught in public 1 schools, mclud- alcoholic drinks, stimulants and narcotics on the human svstem, ing special in- struction as to shall be taught as a regular branch of study to all pupils in all effects of aico- schools supported wholly or in part by public money, except 1885, 332. special schools maintained solely for instruction in particular branches, such as drawing, mechanics, art, and like studies. 66 All acts or parts of acts relating to the qualifications of teach- ers in the public schools shall apply to the branch of study pre- scribed in this act. Governor to appoint inspect- ors of factories and public buildings. P. S., 103, § 9. Factories to be kept clean and provided with sanitary meas- ures. 1838, 305, § 1. (This and the following sec- tions were enacted to amend sections 1 and 2 of chapter 103 of the Acts of 1887.) Owner or occupant to make proper changes. Action to re- cover expenses, how made. 1888, 305, § 2. Inspectors of fartories to notify boards of health, of sani- tary defects, etc. 1887, 103, § 3. SANITARY PROVISIONS IN FACTORIES AND WORKSHOPS, SCHOOL- HOUSES AND OTHER PUBLIC BUILDINGS. 188. The governor shall appoint two or more of the district police to act as inspectors of factories and public buildings. In a district where a district police officer is appointed to act as such inspector, the governor may appoint an additional dis- trict police officer ; but the whole district police force shall not exceed sixteen men. 189. Every factory in which five or more persons are employed, and every factory, workshop, mercantile or other establishment or office in which two or more children, young persons or women are employed, shall be kept in a cleanly state and free from effluvia arising from any drain, privy or other nuisance, and shall be provided, within reasonable access, with a sufficient number of proper water-closets, earth-closets or privies for the reasonable use of the persons employed therein ; and wherever two or more male persons and two or more female persons are employed as aforesaid together, a sufficient number of separate and distinct water-closets, earth-closets, or privies shall be provided for the use of each sex and plainly so desig- nated, and no person shall be allowed to use any such closet or privy assigned to persons of the other sex. 190. It shall be the duty of every owner, lessee or occupant of any premises so used as to come within the provisions of this act to carry out the same and to make the changes necessary therefor. In case such changes are made upon the order of an inspector of factories by the occupant or lessee of the premises he may at any time within thirty days of the completion thereof bring an action before any trial justice, police, municipal or district court against any other person having an interest in such premises, and may recover such proportion of the expense of making such changes as the court adjudges should justly and equitably be borne by such defendant. 191. When it appears to an inspector of factories that any act, neglect or default in relation to any drain, water-closet, earth-closet, privy, ash-pit, water-supply, nuisance or other matter in a factory or in a workshop, included under section 67 one of this act, is punishable or remediable under chapter eighty of the Public Statutes, or under any law of the Commonwealth relating to the preservation of the public health, but not under this act, such inspector shall give notice in writing of such act, neglect or default to the board of health of the city or town within which such factory or workshop is situate, and it shall thereupon be the duty of such board of health to make enquiry into the subject of the notice, and to take such action thereon in the way of enforcing any provision of law within its authority as the facts may call for. 192. Any person violating any provision of sections one and ^fon' y Four* " two of chapter 103 of the acts of 1887 shall be punished by fine weeks' notice 1 required. not exceeding one hundred dollars ; but no criminal prosecution 1887, 103, § 4. shall be made for such violation until four weeks after notice in writing by an inspector of factories of the changes necessary to be made to comply with the provisions of said sections has been sent by mail or delivered to such person, nor then if in the mean time such changes have been made in accordance with such notification. A notice shall be deemed a sufficient notice under this section to all the members of a firm or to a corpora- tion, when given to one member of such firm, or to the clerk, cashier, secretary, agent or any other officer having charge of the business of such corporation or to its attorney ; and in the case of a foreign corporation notice to the officer having the charge of such factory or workshop shall be sufficient ; and such officer shall be personally liable for the amount of any fine in case a judgment against the corporation is returned unsatis- fied. 193. The following expressions used in this act shall have Definition of » ii • terras employed the following meanings : — in the act; The expression "person" means any individual, corpora- 1887 ' 103 ' 55 ' tion, partnership, company or association. The expression " child " means a person under the age of fourteen years. The expression "young person" means a person of the age of fourteen years and under the age of eighteen years. The expression " woman" means a woman of eighteen years of age and upwards. The expression "factory" means any premises where steam, water or other mechanical power is used in aid of any manufact- uring process there carried on. 68 The expression "workshop" means any premises, room or place, not being a factory as above defined, wherein any manual labor is/exercised by way of trade or for purposes of gain in or incidental to any process of making, altering, repairing, orna- menting, finishing or adapting for sale any article or part of an article, and to which or over which premises, room or place the employer of the persons working therein has the right of access or control : provided, however, that the exercise of such manual labor in a private house or private room by the family dwelling therein, or by any of them, or in case a majority of the persons therein employed are members of such family, shall not of itself constitute such house or room a workshop within this definition. The aforesaid expressions shall have the meanings above defined for them respectively in all laws of this Commonwealth relating to the employment of labor, whether heretofore or hereafter enacted, unless a different meaning is plainly required by the context. Factories to be 194. Every factory in which five or more persons are properly venti- ■/ •/ i i88- d 'i73 §1 employed, and every workshop in which children, young per- sons or women, five or more in number, are employed, shall be so ventilated while work is carried on therein that the air shall not become so exhausted as to be injurious to the health of the persons employed therein, and shall also be so ventilated as to render harmless, so far as is practicable, all the gases, vapors, dust or other impurities generated in the course of the manu- facturing process or handicraft carried on therein that may be injurious to health. Mechanical 195. jf [ n a factory or workshop included in section one of ventilation to be J L required where this act any process is carried on by which dust is generated dusty processes J 1 J are^c'onducted. and inhaled to an injurious extent by the persons employed therein, and it appears to an inspector of factories that such inhalation could be to a great extent prevented by the use of a fan or other mechanical means, and that the same could be pro- vided without excessive expense, such inspector may direct a fan or other mechanical means of a proper construction to be provided within a reasonable time, and such fan or other mechanical means shall be so provided, maintained and used. Penalty for vio- 196. Any person employing labor in a factory or workshop weeks' notice and violating any provision of this act shall be punished by fine 1887,' 183,' § 3. not exceeding one hundred dollars ; but no criminal prosecution shall be made for any such violation unless such employer shall 69 have neglected for four weeks to make such changes in his fac- tory or workshop as shall have been ordered by an inspector of factories by a notice in writing delivered to or received by sucli/ employer. 197. Every public building and every schoolhouse shall be Public buildings J 1 ° ... and school- kept in a cleanly state and free from effluvia arising from any houses to have drain, privy or other nuisance, and shall be provided with a provfsittns. 1 ary 1888 149 § 1 sufficient number of proper water closets, earth closets, or privies for the reasonable use of the persons admitted to such public building or of the pupils attending such schoolhouse. 198. Every public building and every schoolhouse shall be Public buildings and school- ventilated in such a proper manner that the air shall not become houses to be properly veuti- so exhausted as to be miunous to the health of the persons lated. 1888 149 5 2 present therein. The provisions of this section and the pre- ceding section shall be enforced by the inspection department of the district police force. 199. Whenever it shall appear to an inspector of factories inspectors to and public buildings that further or different sanitary pro- directing the . -| . provisions of visions or means or ventilation are required in any public sanitary meas- builcling or schoolhouse in order to conform to the requirements lsis,' M9, § 3. of this act, and that the same can be provided without incurring unreasonable expense, such inspector may issue a written order to the proper person or authority directing such sanitary pro- visions or means of ventilation to be provided, and they shall thereupon be provided in accordance with such order by the public authority, corporation or person having charge of, own- ing or leasing such public building or schoolhouse. 200. Any school committee, public officer, corporation or Penalty for person neglecting for four weeks after the receipt of an order IsssTiS," § 4. from an inspector, as provided in the preceding section, to pro- vide the sanitary provisions or means of ventilation required thereby shall be punished by fine not exceeding one hundred dollars. 201. The expression "public building" used in this act Definition of • i t • i 11* terms used in means any building or premises used as a place of public enter- the act. . 7 , , mi • 1888 » 149 » § 5 - tamment, instruction, resort or assemblage, lne expression "schoolhouse" means any building or premises in which pub- lic or private instruction is afforded to not less than ten pupils at one time. 70 GENERAL LAWS RELATIVE TO ADULTERATION, Adulteration prohibited. 1882, 263, § 1. Definition of terras " drugs " and " food." 1882, 263, § 2. Drugs, how adulterated. 1882, 263, § 3. Officinal drugs may be sold as called for, or as variation is made known to the purchaser. 1884, 289, § 7. Food, how adulterated. FOOD AND DRUGS. 1. No person shall, within this Commonwealth, manufacture for sale, offer for sale, or sell any drug or article of food which is adulterated within the meaning of this act. 2. The term "drug" as used in this act shall include all medicines for internal or external use, antiseptics, disinfectants and cosmetics. The term " food" as used herein shall include confectionery, condiments and all articles used for food or drink by man. 3. An article shall be deemed to be adulterated within the meaning of this act, — (a.) In the case of drugs, — (1.) If, when sold under or by a name recognized by the United States Pharmacopoeia, it differs from the standard of strength, quality or purity laid down therein, unless the order calls for an article inferior to such standard, or unless such difference is made known or so appears to the purchaser at the time of such sale ; (2.) If, when sold under or by a name not recognized in the United States Pharmacopoeia but which is found in some other pharmacopoeia, or other standard work on materia medica, it differs materially from the standard of strength, quality or purity laid down in such work; (3.) If its strength or purity falls below the pro- fessed standard under which it is sold : (b.) In the case of food, — (1.) If any substance or sub- stances have been mixed with it so as to reduce, or lower, or injuriously affect its quality or strength; (2.) If any inferior or cheaper substance or substances have been substituted wholly 71 or in part for it; (3.) If any valuable constituent has been wholly or in part abstracted from it ; (4.) If it is an imitation of, or is sold under the name of, another article ; (5.) If it consists wholly or in part of a diseased, decomposed, putrid or rotten animal or vegetable substance, whether manufactured or not, or, in the case of milk, if it is the produce of a diseased animal; (6 ) If it is colored, coated, polished or powdered, whereby damage is concealed, or if it is made to appear better or of greater value than it really is; (7.) If it contains any added poisonous ingredient, or any ingredient which may render it injurious to the health of a person consuming it. 4. The provisions of this act shall not apply to mixtures or provisions of compounds recognized as ordinary articles of food or drinks, to^aweiiedTonJ provided that the same are not injurious to health, and are tam d whennot distinctly labelled as mixtures or compounds. And no prose- health." 8 10 cutions shall at any time be maintained under said act concern- No prosecution J to be made rela- ing any drug the standard of strength or purity whereof has tive to d.ugs, if ° J ° & 1 J standard of been raised since the issue of the last edition of the United same has been raised since the States Pharmacopoeia, unless and until such change of standard issue of the last edition of the has been published throughout the Commonwealth. Pharmacopoeia 5. The state board of health shall take cognizance of the change has been interests of the public health relating to the sale of drugs and isWIsI, § 5. food and the adulteration of the same, and shall make all make^nvesSga- 1 necessary investigations and inquiries in reference thereto, and appoint inspect- for these purposes may appoint inspectors, analysts and chemists, ^J^* who shall be subject to its supervision and removal. 1882 > 263 » § 5 - Within thirty days after the passage of this act the said The board shall u ^ x c make regula- board shall adopt such measures as it may deem necessary tions as to coi- 1 j j lccting and to facilitate the enforcement hereof, and shall prepare rules and examining food and drugs, regulations with regard to the proper methods of collecting and and may expend . . , . , K „ , « • -, , -, , ten thousand examining drugs and articles of food. Said board may expend dollars annually annually an amount not exceeding ten thousand dollars for the the%™v?8ions purpose of carrying out the provisions of this act : provided, lsra/SfiM 5. 18S4 *^89 § 1 however, that not less than three-fifths of said amount shall be Three ".fifths to annually expended for the enforcement of the laws against the JJaSon'to^mUk adulteration of milk and milk products. ?88 d 4 U 2& r °§ d i cts " 6. Every person offering or exposing for sale, or delivering samples to be to a purchaser, any drug or article of food included in the pro- cers or agents^" 1882 263 6 6 visions of this act, shall furnish to any analyst or other officer see"aiso llse", or agent appointed hereunder, who shall apply to him for the 318 ' § purpose and shall tender him the value of the same, a sample 72 sufficient for the purpose of the analysis of any such drug or article of food which is in his possession, obstruction and 7. Whoever hinders, obstructs, or in any way interferes its penalty. J 47 1882, 263, § 7. with any inspector, analyst, or other officer appointed here- under, in the performance of his duty, and whoever violates any of the provisions of this act, shall be punished by a fine not exceeding fifty dollars for the first offence, and not exceed- ing one hundred dollars for each subsequent offence. state board to 8. The state board of health shall report annually to the report prosecu- t ^ tione and money legislature the number of prosecutions made under chapter two expended. 1883 , 2(53, § 2. hundred and sixty-three of the acts of eighteen hundred and 1884, 289, § 2. eighty-two, and an itemized account of all money expended in carrying out the provisions thereof. Powers of in- 9. An inspector appointed under the provisions of said spectors. i i i r 1884, 289, §3. chapter two hundred and sixty-three of the acts of the year eighteen hundred and eighty-two shall have the same powers and authority conferred upon a city or town inspector by section two of chapter fifty-seven of the Public Statutes. Act of 1882 does 10. Nothing contained in chapter two hundred and sixty- not affect chap- , ter57of theP.s. three of the acts of the year eighteen hundred and eighty-two 1884, 289, §4. - J ^ J shall be in any way construed as repealing or amending any- thing contained in chapter fifty-seven of the Public Statutes. Samples to be n. Before commencing the analysis of any sample the scaled for bene- ° J J L fit of defendant, person making the same shall reserve a portion which shall be 1884, 289, § 8. sealed ; and in case of a complaint against any person the reserved portion of the sample alleged to be adulterated shall upon application be delivered to the defendant or his attorney. Selling corrupt 12. Whoever knowingly sells any kind of diseased, cor- or unwholesome . provisions with- runted, or unwholesome provisions, whether for meat or drink, out notice. p. s., c. 208, § i. without making the same fully known to the buyer, shall be punished by imprisonment in the jail not exceeding six months, or by fine not exceeding two hundred dollars. The gist of the offence under this section consists in the guilty knowledge or evil intent of a party in selling what he knows to be unfit for food. The sale, of itself, is not made criminal; but it is the sale coupled with the knowledge of the diseased state of the thing sold which constitutes the offence. Commonwealth v. Boynton, 12 Cush. 499. 1784 Adulterating 13. Whoever fraudulently adulterates, for the purpose of food. P.S., R. S. p °s.', c.208, § 3. sale, bread or any other substance intended for food, with 73 any ^substance injurious to health, or knowingly barters, gives away, sells, or has in possession with intent to sell, any sub- stance intended for food, which has been adulterated with any substance injurious to health, shall be punished by imprison- ment in the jail not exceeding one year, or by fine not exceed- ing three hundred dollars ; and the articles so adulterated shall be forfeited, and destroyed under the direction of the court. 14. Whoever adulterates, for the purpose of sale, any Adulterating • t -i« it • i liquor used for liquor used or intended for drink, with Indian cockle, vitriol, drink, with in- _ , ,. , . , , dian cockle, etc. grams of /paradise, opium, alum, capsicum, copperas, laurel- i».s., c.208, §4. water, logwood, Brazil wood, cochineal, sugar of lead, or any R " "* im ' other substance which is poisonous or injurious to health, and whoever knowingly sells any such liquor so adulterated, shall be punished by imprisonment in the state prison not exceed- ing three years ; and the articles so adulterated shall be for- feited. 15. Whoever fraudulently adulterates, for the purpose of Adulteration of J 1 L drugs or niedi- sale, any drug or medicine, or sells any fraudulently adulter- p in g 8, 208 §5 ated drug or medicine, knowing the same to be adulterated, shall be punished by imprisonment in the jail not exceeding 1853 one year, or by fine not exceeding four hundred dollars ; and such adulterated drugs and medicines shall be forfeited, and destroyed under the direction of the court. 1G. Whoever sells arsenic (arsenious acid), atropia or any Persons selling of its salts, chloral hydrate, chloroform, cotton root and its fluid tokeep?eco°rdi9, extract, corrosive sublimate, cyanide of potassium, Donovan's etc ' solution, ergot and its fluid extract, Fowler's solution, laudanum, McMunn's elixir, morphia or any of its salts, oil of pennyroyal, oil of savin, oil of tansy, opium, Paris green, Parsons' vermin ex- terminator, phosphorus, prussic acid, u rough on rats," strychnia or any of its salts, tartar emetic, tincture of aconite, tincture of belladonna, tincture of digitalis, tincture of nux vomica, tinct- ure of veratrum viride, without the written perscription of a physician, shall keep a record of such sale, the name and amount of the article sold, and the name and residence of the person or persons to whom it was delivered, which record shall be made before the article is delivered, and shall at all times be open to inspection by the officers of the district police and by the police authorities and officers of cities and towns. Who- Penalty for ever neglects to keep or refuses to show to said officers such to°show record shall be punished by fine not exceeding fifty dollars. rec0ld ' 74 Whoever sells any of the poisonous articles named in this sec- tion, without the written prescription of a physician, shall affix to the bottle, box or wrapper containing the article sold a label of red paper upon which shall be printed in large black letters the word — Poison, and also the word — Anti- dote, and the name and place of business of the vendor. The name of an antidote, if there be any, for the poison sold shall also be upon the label. Every neglect to affix such label to such poisonous article before the delivery there- of to the purchaser shall be punished by fine not exceeding fifty dollars. Whoever purchases poison as aforesaid and gives a false or fictitious name to the vendor shall be punished by fine not exceeding fifty dollars : provided, that nothing in this act shall be construed to apply to wholesale dealers and to manufacturing chemists in their sales to the retail trade. 75 LAWS RELATIVE TO SPECIAL ARTICLES OF FOOD. [The older statutes relative to the weights and measures of sundry articles, and the local inspection of the same, containing much material pertaining to commercial inspection, and irrelevant to the subject of adulteration, are omitted from this resume, with the exception of the statutes relative to milk and provisions and animals intended for slaughter. ] OF THE INSPECTION AND SALE OF MILK AND MILK PRODUCTS. 1. The mayor and aldermen of cities shall, and the select- Appointment of J , inspectors of men of towns may, annually appoint one or more persons to be mMc. ^ ^ inspectors of milk for their respective places, who shall be sworn before entering upon the duties of their office. Each 1864 inspector shall publish a notice of his appointment for two weeks in a newspaper published in his city or town, or, if no newspaper is published therein, he shall post up such notice in two or more public places in such city or town. 2. Such inspectors shall keep an office, and shall record in Their duties and books kept for the purpose the names and places of business of K, e 3i8, § i. all persons engaged in the sale of milk within their city or town. Said inspectors may, with the approval of the mayor or the selectmen, employ suitable persons to act as collectors of samples, who shall be sworn before entering upon their duties. Said inspectors, or the collectors employed and qualified as aforesaid, may enter all places where milk is stored or kept for sale, and all carriages used for the conveyance of milk, and the said inspectors or the collectors may take samples for analysis from all such places or carriages, and at the same time a portion of each sample so taken shall, if the person taking the same be 1804 76 requested so to do, be sealed and delivered to the owner or person from whose possession the same is taken and a receipt given therefor to the person taking the same. The inspectors shall cause the samples of milk so taken to be analyzed or otherwise satisfactorily tested, the results of which analysis or test they shall record and preserve as evidence. The inspectors shall receive such compensation as the mayor and aldermen or select- men may determine. Pub. Stats., chap. 57, sect. 2 (statute of 1864, chap. 122, sect. 2), so far as it authorizes inspectors of milk to enter all carriages used in the conveyance of milk, and, whenever they have reason to believe any milk found therein is adulterated, to take specimens thereof for the purpose of analyzing or otherwise satisfactorily testing the same, is constitutional. Commonwealth v. Carter, 132 Mass. 12. Under the Pub. Stats., chap. 57, sect. 2, as amended by the Statutes of 1884, chap. 310, sect. 3, and 1885, chap. 352, sect. 4, an inspector of milk cannot appoint an agent who shall have the right, in the absence of the inspector, and without his immediate personal direction and control, to take, by force and against the will of the owner, samples of milk for analysis from a carriage used for the conveyance of milk. Commonwealth v. Clarence A. Smith, 141 Mass. page 135. Placing wax upon the top of the cork in a bottle containing a portion reserved from a sample of milk taken for analysis, and not extending the wax over the mouth of the bottle and thus rendering the bottle air- tight, is not a sufficient compliance with the requirements of the Statutes of 1884, chap. 310, sect. 4, that such reserved portion shall be " sealed." Commonwealth v. Charles W. Lockhardt, 144 Mass. page 132. No evidence of 3. If the said inspector or collector after being so requested analysis to be received if in- shall refuse or neglect to seal and deliver to the owner or person to deiiveTfam- 8 from whose possession the same is taken, as provided in section 1886, 318, §3. one of this act, a portion of the sample taken as aforesaid, no evidence shall be received in any court of the results of the analysis or test of the same, which may have been recorded and preserved as aforesaid. Eaftalin f °peai ^' Whoever makes, uses or has in his possession, any imita- or tampering ^ion or counterfeit of any seal used by any milk inspector or with sample. ^ J ^ 1 1886, 318, § 4. his agents, and whoever changes or in any manner tampers with any sample taken or sealed as provided in section one, shall be punished by fine not exceeding fifty dollars or by imprisonment in the house of correction not exceeding ninety days. 77 5. In all cities, and in all towns in which there is an inspector Persons selling „ ... , ... . . ,. milk from car- OI milk, every person who conveys milk in carriages or other- riages to be wise for the purpose of selling the same in such city or town p. s., c. 57, § 3. shall annually, on the first day of May, or within thirty days thereafter, be licensed by the inspector or inspectors of milk I88O of such city or town to sell milk within the limits thereof, and shall pay to such inspector or inspectors fifty cents each to the use of the city or town. The inspector or inspectors shall pay over monthly to the treasurer of such city or town all sums collected by him or them. Licenses shall be issued only iu the names of the owners of carriages or other vehicles, and shall for the purposes of this chapter be conclusive evidence of ownership. No license shall be sold, assigned, or transferred. Each license shall record the name, residence, place of busi- ness, number of carriages or other vehicles used, name and residence of every driver or other person engaged in carrying or selling said milk, and the number of the license. Each licensee shall before engaging in the sale of milk cause his name, the number of his license, and his place of business to be legibly placed on each outer side of all carriages or vehicles used by him in the conveyance and sale of milk, and he shall report to the inspector or inspectors any change of driver or other person employed by him which may occur during the term of his license. Whoever, without being first licensed under the provisions of this section, sells milk or exposes it for sale from carriages or other vehicles, or has it in his custody or possession with intent so to sell, and whoever violates any of the provisions of this section, shall for a first offence be pun- ished by fine of not less than thirty nor more than one hundred dollars ; for a second offence by fine of not less than fifty nor more than three hundred dollars ; and for a subsequent offence by fine of fifty dollars and by imprisonment in the house of correction for not less than thirty nor more than sixty days. 6. Every person before selling milk or offering it for sale in persons selling a store, booth, stand, or market-place in a city or in a town in ™c.^ to be°regis- which an inspector or inspectors of milk are appointed, shall p.^c. 57, § 4. register in the books of such inspector or inspectors, and shall pay to him or them fifty cents to the use of such city or town ; 1880 and whoever neglects so to register shall be punished for each offence by fine not exceeding twenty dollars. 78 A complaint by H. F., inspector of milk in the city of Boston, alleging that the defendant, being a dealer in milk, and being recorded as a dealer in milk in the books of said H. F., sold adulterated milk in violation of the provisions of Pub. Stats., chap. 57, sect. 4 (Gen. Stats., chap. 49, sect. 151), does not sufficiently allege that he was recorded in the books of the inspector as a dealer in milk. Commonwealth v. O'Donnell, 1 Allen, 593. A complaint for selling adulterated milk in violation of the provi- sions of Pub. Stats., chap. 57, sect. 4 (Gen. Stats., chap. 49, sect. 151), which, after alleging the official character of the inspector, and that he kept an office and books as required by the statute, charges that the defendant, being a dealer in milk, and being recorded as a dealer in milk "in the books of said inspector," did sell, etc., does not suffi- ciently show that he was recorded in any such books as the statute requires the inspector to keep. Commonwealth v. McCarron, 2 Allen, 157. Sun^etc ^' Whoever, by himself or by his servant or agent, or as miik terated * ae servan t or a & en t of any other person, sells, exchanges or F886 M 3i8 57, 2 5 ' ^ e ^ vers 5 or nas ^ n n ^ s custody or possession with intent to sell or exchange, or exposes or offers for sale or exchange, adulterated 1880 milk, or milk to which water or any foreign substance has been added, or milk produced from cows fed on the refuse of distiller- ies, or from sick or diseased cows, or milk not of good standard quality, shall, for a first offence, be punished by fine of not less than fifty nor more than two hundred dollars ; for a second offence, by fine of not less than one hundred nor more than three hundred dollars, or by imprisonment in the house of cor- rection for not less than thirty nor more than sixty days, and, for a subsequent offence, by fine of fifty dollars and by im-^ prisonment in the house of correction for not less than sixty nor more than ninety days. 1. A person may be convicted of selling adulterated milk, under Pub. Stats., chap. 57, sect. 5 (Gen. Stats., chap. 49, sect. 151), although he did not know it to be adulterated ; and an averment in the indict- ment that he had such knowledge may be rejected as surplusage. 2. It is not necessary, in such indictment, to aver that the milk was cow's milk. 3. An indictment under alleging a sale of adulterated milk to a woman is not defeated by proof that she was married and was acting as agent for her husband, if the seller had no notice, express or implied, of these facts. 4. An indictment under Pub. Stats., chap. 57, sect. 5 (Gen. Stats., chap. 49, sect. 151), which charges that the defendant sold a certain 79 quantity of "adulterated milk, to which a large quantity, that is to say, four quarts, of water had been added," is not bad for duplicity. Commonwealth v. Farren, 9 Allen, 489. 1. An indictment which alleges that the defendant " did unlawfully keep, offer for sale and sell" adulterated milk charges but one offence. 2. In support of such indictment, one, who in a great many instances has used a lactometer for the purpose of testing the quality and the purity of milk, may testify to the result of an experiment made by him with the same lactometer upon the milk in question, although no evidence is offered as to the character of the instrument. Commonwealth v. Nichols, 10 Allen, 199. 1. At the trial of an indictment on Pub. Stats., chap. 57, sect. 5 (Statute of 1868, chap. 263), for selling adulterated milk, there was evidence that the defendant [who was a son of the owner of a milk route], with a companion who was in the same employment with himself, knowingly adulterated milk on its way for distribution to his father's customers, and then, having charge, with his companion, of its distribution from the wagon on which it was conveyed upon the route, caused a can of it to be delivered to one of the customers by the hand of his companion. Held, that he had no ground of exception to instructions to the jury, that, in the absence of proof of any previous contract to supply milk to the customer, the delivery might be deemed an act of sale; nor to an instruction framed on a supposition that the jury might find that he was in the employment of his father, although there was no averment in the indictment to that effect. Commonwealth v. Haynes, 107 Mass. 194. A person may be convicted of selling adulterated milk upon a com- plaint under Pub. Stats., chap. 57, sect. 5 (Statute of 1880, chap. 209, sect. 3), without allegation or proof that he knew it to be adulterated. Commonwealth v. Evans, 132 Mass. 11. A complaint under Pub. Stats., chap. 57, sect. 5, alleging that the de- fendant, at a time and place named, had in his possession a certain quantity, to wit, one pint, of adulterated milk, to wit, milk containing less than thirteen per cent, of milk solids, with intent then and there unlawfully to sell the same, is sufficient, without further alleging that the milk was analyzed, and found on analysis to contain less than thirteen per cent, of milk solids. At the trial of a complaint under Pub. Stats., chap. 57, sect. 5, alleging that the defendant had in his possession adulterated milk, to wit, milk containing less than thirteen per cent, of milk solids, with intent to sell the same, it is immaterial in what manner the quantity of milk solids has been reduced below thirteen per cent., if the intent is to sell the milk as pure milk, and not as skimmed milk. Commonwealth v. Bowers, 140 Mass. 483. A complaint, under the Pub. Stats., chap. 57, sect. 5, alleging, in one count, that the defendant, at a time and place named, sold a certain quantity, to wit, one pint, of adulterated milk, to wit, milk containing less than thirteen per cent, of milk solids, and in another count alleg- 80 ing that the defendant, at the same time and place, had in his possession a certain quantity, to wit, one pint, of adulterated milk, to wit, milk containing less than thirteen per cent, of milk solids, with intent then and there unlawfully to sell the same, is sufficient, without further alleging that the milk was analyzed, and found, on analysis, to contain less than thirteen per cent of milk solids. The Pub. Stats., chap. 57, sect. 10, do not prohibit any person not an inspector of milk from making a complaint for a violation of the provisions of the chapter. A complaint, under the Pub. Stats., chap. 57, sect. 5, alleging that the defendant sold one pint of adulterated milk, to wit, milk containing less than thirteen per cent, of milk solids, is not supported by the proof that he sold the milk as skimmed milk out of a tank marked as required by sect. 7, although the milk was watered. A complaint, under the Pub. Stats., chap. 57, sect. 5, alleging a sale of adulterated milk, to wit, milk containing less than thirteen per cent, of milk solids, is supported by proof of a sale of milk, which, by the removal of a part of the cream, has been reduced to solids below thirteen per cent., unless the milk was sold as skimmed milk, and out of a vessel, can, or package marked as required by sect. 7 ; and it is not necessary that a complaint charging such offence should be drawn under sect. 6. At the trial of a complaint, under the Pub. Stats., chap. 57, sect. 5, alleging, in the first count, a sale by the defendant, at a time and place named, of adulterated milk, and, in the second count, the having in his possession, at the same time and place, such milk, with intent unlaw- fully to sell the same, the defendant asked the judge to rule, that, " if the jury find, on the evidence, that there was a consummated sale, they cannot convict under the second count." The judge declined so to rule, and, after instructing the jury as to what would authorize a con- viction on the first count, instructed them that, " if they should further find that the defendant kept the same milk with intent to sell it, they would be authorized to return a verdict of guilty on the second count. ' Held, that the defendant had no ground for exception. Commonwealth v. Albert Tobias, 149 Mass. page 129. At the trial of a complaint, under the Pub. Stats., chap. 57, sect. 5, alleging that the defendant had in his possession adulterated milk, with intent unlawfully to sell the same, the evidence showed that a wagon with the defendant's name and a number on it was standing upon a public street in a city at an early hour in the morning ; that the defendant's name was on the wagon, and there were several eight-quart cans in the wagon ; that a collector of samples in the employ of the inspector of milk for the city took a sample of milk from one of the cans, which was not marked " skimmed milk; " and that an analysis of the milk taken showed that it was below the legal standard. Held, that there was evidence of an intent on the part of the defendant to sell the milk, which was properly submitted to the jury. Commonwealth v. Webster Smith, 143 Mass. page 169. 81 At the trial of an indictment on the Pnb. Stats., chap. 57, sect. 5, charging the defendant with having adulterated milk in his possession, with intent unlawfully to sell the same, an analyst in the employ of the inspector of milk may testify to the result of his analysis of the milk taken from the defendant from memory, using a memorandum made by him at the time of analysis to refresh his memory, without further proof that the requirements of the Pub. Stats., chap. 57, sect. 2, as amended by the Statutes of 1884, chap. 310, sect. 3, have been complied with. At the trial of an indictment on the Pub. Stats., chap. 57, sect. 5, charging the defendant with having adulterated milk in his possession, with intent unlawfully to sell the same, an aualyst in the employ of the inspector of milk, who analyzed the milk taken from the defendant, testified that he reserved a portion of the milk so taken by putting it into a bottle, which he corked and sealed. A chemist to whom the analyst delivered a portion of the milk so reserved, testified, for the defendant, that the bottle was not sealed. The defendant asked the judge to rule, that, if the bottle was corked only, it was not a compli- ance with the Statutes of 1884, chap. 310, sect. 4, as to the sealing of such reserved portion. The judge declined so to rule, and instructed the jury that they might consider the evidence as bearing upon the credibility of the government witness. Held, that the defendant had no ground for exception. If at a trial of an indictment on the Pub. Stats., chap. 57, sect. 5, charging the defendant with having adulterated milk in his possession, with intent unlawfully to sell the same, an analyst in the employ of the inspector of milk of a city testifies that he added, for the preserving it, a few drops of carbolic acid to the sample reserved from milk delivered to him for analysis, it is a question of fact for the jury whether the reservation of the sample was in accordance with the requirement of the Statutes of 1884, chap. 310, sect. 4. Commonwealth v. Frank W. Spear, 143 Mass. page 172. A complaint on the Statutes of 1886, chap. 318, sect. 2, alleging that, on the first day of July, 1886, the defendant had in his possession "one pint of milk not of standard quality, that is to say, milk containing less than thirteen per cent, of milk solids, with intent then and there unlawfully to sell the same within this Commonwealth," is sufficient, without negativing the exception of the months of May and June. The Statute of 1885, chap. 352, sect. 6, provide that sect. 9 of the Pub. Stats., chap. 57 (which relates to the sale of adulterated milk), " is hereby amended so as to read as follows." In each section, after the words quoted, there follows a sentence which covers the whole subject of the original section. Held, that the Statutes of 1886, chap. 318, sect. 2, was a valid enactment. The Statutes of 1884, chap. 310, sect. 4, providing for the reservation and sealing, before commencing the analysis, of a portion of the sample of milk taken for analysis, is impliedly repealed by the Statutes of 1886, chap. 318, sects. 1, 3. Commonwealth v. John II. Kennison, 143 Mass. page 418. 82 On a complaint for the sale of milk not of good standard quality, evidence that the milk was delivered under a special contract is immaterial. If a buyer of milk takes a portion to a milk inspector, the latter may testify on the trial of such a complaint as to the results of his analysis. Commonwealth v. Benjamin F. Holt, 146 Mass. page 38. An averment in a complaint under the milk acts, that the defendants were " partners," is mere surplusage, and need not be proved. On such a complaint, evidence that the defendant was on a wagon with a license number on it, and containing milk cans, from one of which was taken adulterated milk, is competent on the issue that he was in possession of the milk to sell it. Commonwealth v. Gridley B. Howell, 146 Mass. page 128. A motion to quash an indictment because it " sets forth no crime or offence known to the law," made after the impanelling of the jury, is filed too late; nor does it assign " specifically the objection relied on," within the Pub. Stats., chap. 214, sect. 25. An indictment on the Statutes of 1886, chap. 318, sect. 2, alleging that the defendant had in his "possession milk to which a certain foreign substance had been added, to wit, annotto coloring matter," with intent unlawfully to sell the same, is sufficient without naming the quantity. Evidence offered at the trial of such an indictment as to two samples of milk, taken from the defendant's possession at substantially the same time, is competent, and the government cannot be required at the time of the offer, if ever, to elect which sample it will rely on. The addition of annotto coloring matter, whether injurious to health or not, is punishable under the statute. Evidence that the milk was of low grade is competent, although it may tend to prove another offence. Commonwealth v. John V. Schaffner, 146 Mass. page 512. Garbage and 8. Whoever knowingly feeds or has in his possession with offal not to be . „ ° ' ■ „ . fed to milch intent to feed to any milch cow, any garbage, refuse or otral cows. » 1889,326. collected by any city or town, or by any person having authority from any city or town, by contract or otherwise, shall be pun- ished by imprisonment in the jail or house of correction not exceeding sixty days or by fine not exceeding one hundred dollars. Penalty for sell- 9. Whoever, by himself or by his servant, or as the servant which^reamhas or agent of any other person, sells, exchanges, or delivers, or p. s., c. n 57l§ 6. has in his custody or possession with intent to sell or exchange, or exposes or offers for sale as pure milk, any milk from which the cream or a part thereof has been removed, shall be punished by the penalties provided in the preceding section. 83 10. No dealer in milk, and no servant or agent of such a VesBehMJontain. dealer, shall sell, exchange, or deliver, or have in his custody which cream JlUS l)C€SIl 1*6- or possession with intent to sell, exchange, or deliver milk from moved to be which the cream or any part thereof has been removed, unless " skimmed in a conspicuous place above the centre upon the outside of p.'sV, c. 57, § 7. 1885 (> 52 § 7 every vessel, can or package from Or in which such milk is sold, ' the words "skimmed milk" are distinctly marked in uncon- densed Gothic letters not less than one inch in length. Who- ever violates the provisions of this section shall be punished by the penalties provided in section five. 11. No person shall sell, exchange or deliver, or have in his standard of . skimmed milk custody or possession with intent to sell, exchange or deliver, and penalty for -1.11 , . , violation. skimmed milk containing less than nine and three-tenths per 1885, 352, § 8. cent, of milk solids exclusive of fat. Whoever violates the provisions of this section shall be punished by the penalties provided in section five of chapter fifty-seven of the Public Statutes. The Statute of 1885, chap. 352, sect. 8, provides that no person shall sell, or have in his possession with intent to sell, skimmed milk below a certain standard, and enacts that whoever violates the provisions of this section shall be punished by the penalties provided in the Pub. Stats., chap. 57, sect. 5. Held, on a complaint made under the Statutes of 1885, chap. 352, sect. 8, for an offence committed after the Statutes of 1886, chap. 318, sect. 2, took effect, that, even if the last-named statute repealed by implication the Pub. Stats., chap. 57, sect. 5, the complaint could be maintained. Commonwealth v. William F. Welch, 144 Mass. page 357. 12. Any inspector of milk, and any servant or agent of an Penalty on in- inspector, who wilfully connives at or assists in a violation of for conniving,' the provisions of this chapter, and whoever hinders, obstructs, p.°s , c. 57, § 8. or in any way interferes with any inspector of milk, or any ser- 1884 ' 310, § 5 - vaut or agent of an inspector, in the performance of his duty, shall be punished by fine of not less than one hundred nor more than three hundred dollars, or by imprisonment for not less than thirty nor more than sixty days. 13. In all prosecutions under chapter three hundred and Whatmiiktobe deemed adulter- eighteen of the acts of eighteen hundred and eighty-six, if the ated. .„ , 1886, 318, § 2, milk is shown upon analysis to contain more than eighty-seven last clause, per cent, of watery fluid, or to contain less than thirteen . per cent, of milk solids, or to contain less than nine and three- tenths per cent, of milk solids exclusive of fat, it shall be 84 deemed for the purposes of this act to be not of good standard quality, except during the months of May and June, when milk containing less than twelve per cent, of milk solids shall be deemed to be not of good standard quality. Pub. Stats., chap. 57, sect. 9 (Statute of 1880, chap. 209, sect. 7), providing that "in all prosecutions under this act," for selling adul- terated milk, "if the milk shall be shown upon analysis to contain more than eighty-seven per centum of watery fluid or to contain less than thirteen per centum of milk solids, it shall be deemed for the purposes of this act to be adulterated," is constitutional. Commonwealth v. Evans, 132 Mass. 11. A complaint under the Pub. Stats., chap. 57, sects. 5, 9, alleging that the defendant, at a time and place named, had in his custody and possession a certain quantity, to wit, one pint, of adulterated milk, to wit, milk then and there containing less than thirteen per cent, of milk solids, with intent then and there unlawfully to sell the same, is sufficient. Commonwealth v. Keenan, 139 Mass. 193. Inspectors to institute com- plaints. P. S., c. 57, § 10. Names, etc., of persons con- victed to be published. F.S., c. 57, § 11. Powers of inspectors under chap. 263 of Acts of 18S2. 1885, 352, § 5. Lower courts may try milk cases. 1885, 149, § 1. 14. It shall be the duty of every inspector to institute a complaint for a violation of any of the provisions of this chap- ter on the information of any person who lays before him satis- factory evidence by which to sustain such complaint. 15. Each inspector shall cause the name and place of business of every person convicted of selling adulterated milk, or of having the same in his possession with intent to sell, to be published in two newspapers in the county in which the offence was committed. 16. Inspectors appointed under the provisions of chapter two hundred and sixty-three of the acts of the year eighteen hundred and eighty-two shall have the power and authority conferred upon a city or town inspector by section one of chap- ter three hundred and eighteen of the acts of eighteen hundred and eighty-six. They shall also have the power and authority conferred upon inspectors of milk by section twenty of chapter fifty-six of the Public Statutes. 17. Municipal, district and police courts and trial justices shall, in their respective counties, concurrently with the superior court, have jurisdiction of cases arising under the provisions of chapter fifty-seven of the Public Statutes relating to the inspec- tion and sale of milk, and may impose the same penalties for any violation of the provisions of said chapter as therein pro- vided. 85 BUTTER, IMITATION BUTTER AND CHEESE. 18. Whoever, by himself or his agents, sells, exposes for Spurious butter sale, or has in his possession with intent to sell, any article, 1886, 317, § l." substance or compound, made in imitation or semblance of butter or as a substitute for butter, and not made exclusively and wholly of milk or cream, or containing any fats, oils or grease not produced from milk or cream, shall have the words " imitation butter," or if such substitute is the compound known as oleomargarine, then the word "oleomargarine," or if it is known as butterine, then the word "butterine," stamped, labelled or marked in a straight line in printed letters of plain, uncondensed Gothic type, not less than one-half inch in length, so that said words cannot be easily defaced, upon the top, side and bottom of every tub, firkin, box or package containing any of said article, substance or compound. The said stamp, label or mark shall contain no other words. And whoever, by himself or his agents, exposes or offers for sale any of the said article, substance or compound not in the original package, shall attach to the said article, substance or compound, in a conspicuous place, a label bearing the words "imitation but- ter," "oleomargarine," or "butterine," as the article may be. in printed letters of plain, uncondensed Gothic type, not less than one-half inch in length. And in cases of retail sales of Retail packages ° to be marked. any of said article, substance or compound not in the original packages, the seller shall, by himself or his agents, attach to each package so sold, and shall deliver therewith to the pur- chaser, a label or wrapper bearing in a conspicuous place upon the outside of the package the words " imitation butter," "oleomargarine," or "butterine," and no other words, in printed letters in a straight line of plain, uncondensed Gothic type, not less than one-half inch in length. Oleomargarine was exposed for sale in the original package, namely, a tub, the top of the cover of which had been duly marked, as well as the side and bottom, but from which the cover had been removed, disclosing the superficial surface of the oleomargarine without any mark. Held, that the terms of the Statutes of 1886, chap. 317, sect. 1, had been complied with. Commonwealth v. Charles W. Bean, 148 Mass. page 172. 19. Whoever, by himself or his agents, sells, exposes for Spurious cheese i , . • i • ... to be plainly sale, or has m his possession with intent to sell, any article, marked as such. 86 P.S., c. 56, § 18 1885, 352, § 2. Wrappers to be marked. Penalties for violation of statutes and for erasure of marks, etc. 1886, 317, § 2. Complaints for violations to be instituted by inspectors of milk. 1884, 310, § 2. substance or compound made in imitation or semblance of cheese, or as a substitute for cheese, and not made exclusively and wholly of milk or cream, or containing any fats, oils or grease not produced from milk or cream, shall have the words " imitation cheese," stamped, labelled or marked, in printed letters of plain, uncondensed Gothic type, not less than one inch in length, so that said words cannot be easily defaced, upon the side of every cheese cloth or band around the same, and upon the top and side of every tub, firkin, box or package containing any of said article, substance or compound. And in case of retail sales of any of said article, substance or compound not in the original packages, the seller shall, by himself or his agents, attach to each package so sold at retail, and shall deliver therewith to the purchaser, a label or wrapper bearing in a conspicuous place upon the outside of the package the words "imitation cheese," in printed letters of plain, uncon- densed Gothic type, not less than one-half inch in length. 20. Whoever sells, exposes for sale, or has in his posses- sion with intent to sell, any article, substance or compound made in imitation or semblance of butter or cheese, or as a sub- stitute for butter or cheese, except as provided in the two preced- ing sections, and whoever with intent to deceive, defaces, erases, cancels or removes any mark, stamp, brand, label or wrapper provided for in said sections, or in any manner shall falsely label, stamp or mark any box, tub, article or package marked, stamped or labelled as aforesaid, shall for every such offence forfeit to the city or town where the offence was committed one hundred dollars, and for a second and each subsequent offence two hundred dollars. 21. Inspectors of milk shall institute complaints for viola- tions of the provisions of the three preceding sections when they have reasonable cause to believe that such provisions have been violated, and on the information of any person who lays before them satisfactory evidence by which to sustain such complaint. Said inspectors may enter all places where butter or cheese is stored or kept for sale, and said inspectors shall also take specimens of suspected butter and cheese and cause them to be analyzed or otherwise satisfactorily tested, the result of which analysis or test they shall record and preserve as evidence ; and a certificate of such result, sworn to by the analyzer, shall be admitted in evidence in all prosecutions under 87 this and the three preceding sections. The expense of such analysis or test, not exceeding twenty dollars in any one case, may be included in the costs of such prosecutions. Whoever hinders, obstructs, or in any wa"y interferes with any inspector, or any agent of an inspector, in the performance of his duty? shall be punished by a fine of fifty dollars for the first offence, and of one hundred dollars for each subsequent offence. 22. For the purposes of the four preceding sections the Terms "butter" terms "butter" and "cheese" shall mean the products which defined. are usually known by these names, and are manufactured P ' S '' °" ° 6 ' § 21 " exclusively from milk or cream, with salt and rennet, and with or without coloring matter. 23. Whoever, by himself or his agents, sells, exposes for Spurious butter .... . . . not to be marked sale, or has in his possession with intent to sell, any article, "dairy "or substance or compound, made in imitation or semblance of Penalty, butter or as a substitute for butter, and not made exclusively 1886 » 317,§3 - and wholly of milk or cream, or containing any fats, oils or grease not produced from milk or cream, contained in any box, tub, article or package, marked or labelled with the word " dairy," or the word ^ creamery," shall for every such offence forfeit to the city or town where the offence was committed one hundred dollars, and for a second and each subsequent offence two hundred dollars. 24. Every person who conveys any imitation butter, oleo- Persons selling . . . imitation butter margarine or butterme in carriages or otherwise, for the pur- from carriages pose of selling the same in any city or town, shall within thirty Penalties, days of the passage of this act, and annually on the first day 18 ' 0>ol<5§4 - of May, or within thirty days thereafter, be licensed by the inspector or inspectors of milk of such city or town to sell the same within the limits thereof, and shall pay to such inspector or inspectors fifty cents to the use of the city or town. The inspector or inspectors shall pay over monthly to the treasurer of such city or town all sums collected by him or them. In towns in which there is no inspector of milk, licenses shall be issued by the town clerk. Licenses shall be issued only in the names of the owners of carriages or other vehicles, and shall, for the purposes of this chapter, be conclusive evidence of ownership. No license shall be sold, assigned or transferred. Each license shall record the name, residence, place of busi- ness, number of carriages or other vehicles used, the name and residence of every driver or other person engaged in carrying or selling imitation butter, oleomargarine or butterine, and the number of the license. Each licensee shall before engaging in the sale of any of the articles as aforesaid cause his name, the I number of his license, and his j^lace of business to be legibly placed on each outer side of all carriages or vehicles used by him in the conveyance and sale of the articles as aforesaid, in Gothic letters not less than one inch in length, and he shall report to the inspector or inspectors any change of driver or other person employed by him which may occur during the term of his license. Whoever, without being first licensed under the provisions of this section, sells any of the said articles as aforesaid, or exposes or offers them for sale from carriages or other vehicles, or has them in his custody or possession with intent so to sell, and whoever violates any of the provisions of this section, shall, for the first offence, be punished by fine of not less than thirty nor more than one hundred dollars ; for a second offence, by fine of not less than fifty nor more than three hundred dollars. other peradns 25. Every person before selling or offering for sale anv of selling imitation J 1 ° J butter to be the said articles in a store, booth, stand or market-place in a registered. \. w 1886, 317, § 5. city or in a town in which an inspector or inspectors of milk are appointed, shall within thirty days of the passage of this act, and annually on the first day of May, or within thirty days thereafter, register in the books of such inspector or inspectors, or if there be no inspector then in the books of the town clerk, and shall pay to him or them fifty cents to the use of such city or town ; and whoever neglects to so register shall be punished for each offence by fine not exceeding twenty dollars. Portion of sam- 20. Before commencing the analysis of any sample the per- ple to be J i i reserved for son making the same shall reserve a portion which shall be defendant. . . . 1884, 310, § 4. sealed ; and in case of a complaint against any person the reserved portion of the sample alleged to be adulterated shall upon application be delivered to the defendant or his attorney. LARD. Compound lard 27. No manufacturer or other person shall sell, deliver, to be properly labelled. prepare, put up, expose or offer for sale any lard, or any 1887, 44J, § i. ar ft c i e intended for use as lard, which contains any ingredient but the pure fat of swine, in any tierce, bucket, pail or other vessel or wrapper, or under any label, bearing the words "pure," "refined," "family," or either of them, alone or in 89 combination with other words, nor unless every vessel, wrap- per or label, in or under which such article is sold or delivered, or prepared, put up or exposed for sale, bears on the top or outer side thereof, in letters not less than one-half inch in length and plainly exposed to view, the words: — Compound Lard. Any person who violates any provision hereof shall be punished by fine not exceeding fifty dollars for the first or one hundred dollars for any subsequent offence. OF THE INSPECTION AND SALE OF PROVISIONS, AND ANIMALS INTENDED FOR SLAUGHTER. 28. The mayor and aldermen of cities and the selectmen of A e p n p a d£tm!n 2 t oi towns may annually appoint one or more persons to be inspec- jj^gfj™ of tors of provisions and of animals intended for slaughter. p - s -> c - 58 » § *• Such inspectors shall be sworn faithfully to discharge the duties 1876 of their office, and shall receive such compensation as the city council or the selectmen shall determine. 29. Said inspectors may inspect all animals intended for Duties and slaughter, and all meats, fish, vegetables, produce, fruits, and inspectors, provisions of all kinds, found in said cities or towns, or exposed 1 * S '' °' 58, § 2 ' for sale or kept with intent to sell therein ; and may for this purpose enter into all buildings or enclosures where said ani- mals, meats, fish, vegetables, produce, fruits or provisions are kept, stored, or exposed for slaughter or sale. When such animals, meat, fish, vegetables, produce, fruit or provisions are found on such inspection to be tainted, diseased, corrupted, decayed, or unwholesome from any cause, said inspectors shall seize the same, and cause them or it to be destroyed or disposed of otherwise than for food ; but if, at the time of the seizure, the owner of the property seized notifies in writing the inspector seizing the same of his desire to appeal to the board of health, said inspector shall cause said animals, meat, fish, vegetables, produce, fruit or provisions to be inspected by said board of health, or by a committee thereof consisting of not less than two members ; and if said board or committee find the same to be tainted, diseased, corrupted or unwholesome, they shall order the same to be destroyed or disposed of otherwise than for food. If said board or committee do not so find, they shall order said animals, meat, fish, vegetables, produce, fruit or provisions to be forthwith returned to the owner thereof. All moneys received by said inspectors or board of health for 90 property disposed of as aforesaid shall, after deducting all expenses incurred by reason of such seizure, be paid to the owner of such property. Duties and 30. Said inspectors may inspect all veal found in said cities powers relative to veal. ^ ^ or towns or offered or exposed for sale or kept with intent to sell therein, and if said veal is, in the judgment of the inspector, that of a calf killed under four weeks old, he shall seize the same and cause it to be destroyed or disposed of as provided in the preceding section, subject, however, to the provisions therein contained concerning appeal and the disposal of moneys. Killing for sale, 31. Whoever kills or causes to be killed, for the purpose of or selling calf ' L 4 wwka^Sd° ur sa ^ e ' Ca ^ ^ eSS ^ an * ?0U1 wee ^ s or knowingly sells, or p. s., c. 208, § 2. has in his possession with intent to sell, the meat of any calf killed when less than four weeks old, shall be punished by 18(>6 imprisonment in the jail or house of correction not exceeding six months, or by fine not exceeding two hundred dollars, or by both such imprisonment and fine ; and all such meat exposed for sale, or kept with intent to make sale thereof, may be seized and destroyed by any board of health or health officer, or by any sheriff, deputy-sheriff, constable or police officer. Where a party is charged with an offence of " killing, or causing to be killed, for the purpose of sale, any calf less than four weeks old," it is not necessary to allege in the indictment or prove that he knew the calf to be less than four weeks old. The defendant is bound to know the facts and obey the law at his peril. Under the next clause of this section, the offence is not the killing of the calf, but " knowingly" selling, or having in possession with intent to sell, the meat of a calf killed when less than four weeks old; and this language makes the defendant's knowledge essential to be alleged and proved. The legislature saw fit to make the man who kills, or causes to be killed, a calf for the purpose of sale, at all events punishable if the animal was less than four weeks old ; but to punish the man who sells veal only in case he knows it to have been killed when under four weeks old. Commonwealth v. Raymond, 97 Mass. 567. Search warrants 32. When complaint is made on oath to any police, district or for un whole- . . , . . . . , . , . , some food, etc. municipal court, or to a magistrate authorized to issue warrants ., c. 58, §4. cr i m j ua j caseS) that the complainant believes that any dis- eased animals, or any tainted, diseased, corrupted, decayed, or unwholesome meat, fish, vegetables, produce, fruit, or provisions 91 of any kind, or any veal of a calf killed under four weeks old, are kept or concealed in a particular house or place with the intent to kill, sell, or offer the same for sale for food, the court or magistrate, if satisfied there is reasonable cause for such belief, shall issue a warrant to search for such animals or articles, and all such warrants shall be directed and executed as provided in section three of chapter two hundred and twelve [of the Public Statutes]. If, upon hearing, said court or magis- trate determines that said animals or articles or any of them were kept or concealed for the purposes aforesaid, the same shall be destroyed or disposed of by the inspector, or by any officer designated by the court or magistrate according to the provisions of section two of this chapter ; if the court or magis- trate does not so determine, said animals or articles shall be returned to the owner. 33. Whoever knowingly sells, or offers or exposes for sale, Penalty for or has in his possession with intent to sell for food, any diseased SgJ^etc^un- 6 1- animal, or any tainted, diseased, corrupted, decayed, or un- food. es ° me wholesome meat, fish, vegetables, produce, fruit, or provisions p ' s '' c ' 58 ' § 5 ' of any kind whatever, shall be punished by imprisonment in jail for not more than sixty days, or by fine of not more than one hundred dollars. 34. The place where property condemned under this chapter Name and place . » j t ,1 £ i • 'j. of business of is round, and the name or every person in whose possession it person con- is found, and of every person convicted of an offence under the published*! 6 preceding section, shall be published in two newspapers pub- p ' s '' c ' ° 8, § 6 ' lished in the county in which the property was found or the conviction took place. 35. The provisions of this chapter shall not be in force in This chapter not any city or town unless they are adopted by the city council of unless accepted, such city or by the inhabitants of such town, or unless the pro- P " S "' c ' ° S ' § 7 ' visions of chapter one hundred and eighty of the statutes of the year eighteen hundred and seventy-six have been already so adopted. POULTRY. 36. No poultry, except it be alive, shall be sold or exposed Poultry to be A ^ L ' A properly for sale until it has been properly dressed, by the removal of ^ Bed before the crop and entrails when containing food. 1887, 94, § l. 37. Whoever knowingly sells or exposes for sale poultry Penalty, contrary to the provisions of section one of this act shall be to enforce. § 2. 1887, 94. 92 punished by a fine of not less than five nor more than fifty dol- lars for each offence. The boards of health in the several cities and towns shall cause the provisions of this act to be enforced in their respective cities and towns. Penalty for selling tainted fish for food. P.S., c. 56, 38. OF THE SALE OP TAINTED OR DAMAGED FISH. Whoever sells within this Commonwealth or exports therefrom tainted or damaged fish, unless with the intent that the same shall be used for some other purpose than as food, 1801) shall forfeit ten dollars for every hundred pounds of such fish, and in the same proportion for any other quantity ; and upon a trial in such case the burden of proof shall be upon the defend- ant to show for what purpose such fish was so exported or sold. Chocolate, how to be stamped. P.S., c. 60, § 8. 1803 Ingredients of. Boxes, how branded. P.S., c. 60, § 9. Boxes, when may be seized, etc. P.S., c. 60, § 10. OF THE SALE OF CHOCOLATE. 39. No manufacturer of chocolate shall make any cake of chocolate except in pans in which are stamped the first letter of his christian name, the whole of his surname, the name of the town where he resides, and the quality of the chocolate in figures, No. 1, No. 2, No, 3, as the case may be, and the let- ters Mass. 40. Number one shall be made of cocoa of the first quality, and number two of cocoa of the second quality, and both shall be free from adulteration ; number three may be made of the inferior Kinds and qualities of cocoa. Each box containing chocolate shall be branded on the end thereof with the word chocolate, the name of the manufacturer, the name of the town where it was manufactured, and the quality, as described and directed in the preceding section for the pans. 41. If chocolate manufactured in this Commonwealth is offered for sale or found within the same, not being of one of the qualities described in the two preceding sections and marked as therein directed, the same may be seized and libelled. Sale of adulter- ated vinegar. Penalty. P. S., c. 60, § 69. 1883, 257, § 1. 1 880 OF THE ADULTERATION OF VINEGAR. 42. Every person who manufactures for sale or offers or exposes for sale as cider vinegar, any vinegar not the legiti- mate product of pure apple juice, known as apple cider or vinegar, not made exclusively of said apple cider or vinegar, into which any foreign substances, ingredients, drugs or acids have been introduced, as may appear by proper tests, shall for 93 each such offence be punished by fine of not less than fifty nor more than one hundred dollars. 43. Every person who manufactures for sale, or offers or Sale of vinegar J 1 containing in- exposes for sale, any vinegar found upon proper tests to con- gradients ™^ ri - tain any preparation of lead, copper, sulphuric acid or other Penalty . ' ingredients injurious to health, shall for each such offence be punished by fine of not less than one hundred dollars. 44. The mayor and aldermen of cities shall, and the select- Appointment of J inspectors. men of towns may, annually appoint one or more persons to be p.s., c. eo, § 71. inspectors of vinegar for their respective places, who shall be sworn before entering upon their duties. 45. Any city or town in which an inspector shall be ap- Compensation pointed under the preceding section, may provide compensation i88s|%^ § 2" for such inspector from the time of such appointment, and in default of such provision shall be liable in an action at law for reasonable compensation for services performed under such appointment. 46. No person shall by himself, his servant or agent, or as Sale of aduiter- t ated vinegar. the servant or agent of any other person, sell, exchange, deliver 1884,307, §1. or have in his custody or possession with intent to sell or exchange, or expose or offer for sale or exchange, any adulter- ated vinegar, or label, brand or sell as cider vinegar, or as apple vinegar, any vinegar not the legitimate product of pure apple juice, or not made exclusively from apple cider. 47. All vinegars shall be without artificial coloring matter, standard of vin- and shall have an acidity equivalent to the presence of not less i885, 150, § 1. than four and one-half per cent, by weight of absolute acetic acid, and in the case of cider vinegar shall contain in addition not less than two per cent, by weight of cider vinegar solids upon full evaporation over boiling water, and if any vinegar contains any artificial coloring matter or less than the above amount of acidity, or in the case of cider vinegar, if it contains less than the above amount of acidity or of cider vinegar solids, it shall be deemed to be adulterated within the meaning of this act. 48. It shall be the duty of the inspectors of milk who may Milk inspectors be appointed by any city or town to enforce the provisions of m*§fi' this act. 49. Whoever violates any of the provisions of this act shall Penalty for - 1 L violation. be punished by fine not exceeding one hundred dollars. 1884, 307, §4. 94 EULES AND EMULATIONS OF THE STATU HOARD OF HEALTH RELATIVE TO THE INSPECTION AND ANALYSIS OF FOOD AND DRUGS. 1. The State Board of Health shall appoint analysts and inspectors, as provided in section 5 of chapter 263, Acts of 1882. 2. It shall be the duty of the inspectors to procure samples of drugs and articles of food at such times and places as the Secretary shall direct, in the manner provided in section 6 of chapter 263 of the Acts of 1882,' and in section 3 of chapter 289 of the Acts of 1884, and in all acts amendatory of said provisions. 3. Under the direction of the secretary, one of the inspec- tors shall, for the identification of samples, affix a number to each sample of food or drugs obtained by him, beginning with number one, and taking every alternate or odd number there- after, without limit ; and the other inspector shall use and affix each alternate or even number, beginning with number two, and following such form of numbering, without limit, also, as far as may be directed. Under no circumstances shall an inspector convey any information to an analyst as to the source from which any sample was obtained. 4. The inspectors shall keep records of each sample, each record to include the following items : — (a) The inspector's number. (b) The date of purchase or receipt of sample. (c) The character of the sample. (d) The name of the vender. (e) The name of the city or town and street and number where the sample is obtained, and in the case of a licensed milk peddler, the number of his license. (f) As far as possible the names of manufacturers, producers or wholesalers, with marks, brands or labels stamped or printed upon goods. 95 5* It shall be the duty of the analysts so appointed to determine, under the direction of the secretary, by proper examination and analysis, whether articles of food and drugs, manufactured for sale, offered for sale, or sold within this Commonwealth, are adulterated within the meaning of chapter 263 of the Acts and Resolves passed by the General Court of Massachusetts in 1882, and all acts amendatory thereof, adul- teration being defined as follows, viz. : — In the case of drugs, (1) If sold under or by a name recog- nized in the United States Pharmacopoeia, it differs from the standard of strength, quality or purity laid down therein, unless the order calls for an article inferior to such standard, or unless such difference is made known or so appears to the purchaser at the time of such sale. (2) If when sold under or by a name not recognized in the United States Pharmacopoeia, but which is found in some other pharmacopoeia or standard work on Materia Medica, it differs materially from the standard of strength, quality or purity laid down in such work. (3) If its strength or purity falls below the professed standard under which it is sold. In case of food, (1) If any substance or substances have been mixed with it, so as to reduce or lower or injuriously affect its quality or strength. (2) If any inferior or cheaper sub- stance or substances have been substituted wholly or in part for it. (3) If any valuable constituent has been wholly or in part abstracted from it. (4) If it is an imitation of or is sold under the name of another article. (5) If it consists wholly or in part of a diseased, decomposed, putrid or rotten animal or vegetable substance, whether manufactured or not, or in the case of milk, if it is the produce of a diseased animal. (6) If it is colored, coated, polished or powdered, whereby damage is concealed, or if it is made to appear of better or of greater value than it really is. (7) If it contains any added poisonous ingredient, or any ingredient which may render it injurious to the health of the person consuming it. 6. It shall also be the duty of the analysts to receive such specimens of food and drugs for analysis as may be delivered to them by the secretary, or by the inspectors, and to examine the same. To avoid, as far as possible, all suggestion or danger of specimens having been tampered with, each analyst shall keep each specimen in his possession in a suitable and secure 96 place, labelled in such a manner as to prevent any person from having access to the same without the knowledge and presence of the analyst. Analyses of perishable articles should be made promptly after they are received. 7. An analyst shall give no information, under any circum- stances, regarding the result of any analysis, to any person except to the secretary of the board, prior to any trial in court in reference to such analysis. The analysts shall carefully avoid any error regarding the inspector's number attached to each sample, and shall report the results of their work in detail to the secretary. In the case of all articles having a numerical standard pro- vided by statute, the result of the analysis should show their relation to such standard. 8. Before beginning the analysis of any sample, the analyst shall reserve a portion, which shall be sealed, and in the event of finding the portion analyzed to be adulterated, he shall pre- serve the sealed portion, so that in case of a complaint against any person the last named portion may, on application, be delivered by the secretary to the defendant or to his attorney. 9. Each analyst shall present to the secretary, on the Thursday before the first Saturday of each month, a summary of the analyses made by him during the previous month. Each analyst shall also present, on or before the first of January of each year, an annual report of the work done for the year ending on the 30th of September preceding. 10. The secretary shall have charge of the reports of analyses, and shall cause cases founded on such reports to be submitted to the courts for prosecution. In each case of a retailer, and of every dealer not a manufact- urer or producer, he may, if the party has not been previously complained of in court, issue a notice or warning of any viola- tion of the law relative to the adulteration of food and drugs, and of the offender's liability to prosecution on a repetition of the sale. 1 1 . Should the result obtained by any analyst be questioned in any given case, another analyst shall repeat the analysis, unless otherwise instructed by the Board, provided a sufficient sum to meet the expense of the analysis be deposited with the Secretary by any interested party feeling aggrieved, which sum 97 will not be returned unless the second analysis fails to confirm the first in essential particulars. 12. Any appeal from the decision of an analyst shall be filed with the secretary, who shall report it, and any matter in controversy, to the board, giving his judgment thereon, and the Board shall supervise and control the action of its officers in executing the law. 13. Where standards of strength, quality or purity are not fixed by the act, the analysts shall present to the secretary such standard as in their judgment should be fixed, and the secretary shall report the same to the board for its action. The standards set by the British Society of Public Analysts will be followed, as nearly as practicable, until otherwise ordered. 14. Whenever a drug or preparation, not described in a national pharmacopoeia or other standard work on Materia Medica, shall be manufactured, offered for sale or used in this State, the standard of such drug, and the standard and propor- tion of the ingredients of such preparation, and the range of variability from such standard or standards, shall be ascertained by the analysts, who shall report the same through the Secretary to the Board. 15. The analysts shall occupy such time in the performance of their respective duties as a reasonable compliance with the terms of the statute shall require, and shall be present one hour of each day, at such time of the day and at such place as shall be designated by the Board, to meet the convenience of inter- ested parties and the public. 98 LAWS CONCERNING THE REGISTRATION OF BIRTHS, MARRIAGES AND DEATHS. City and town clerks to record births, mar- riages and deaths. P.S., c.32, § 1. 1(>3J) 1 785 1844 1849 1887, 202, § 5. 1890, 402. Parents and others to give notice of births and deaths. P.S., c. 32, §2. OF THE REGISTRY AND RETURN OF BIRTHS, MARRIAGES AND DEATHS. 1. The clerk of each city and town shall receive or obtain, and record and index, the following facts concerning the births, marriages and deaths therein, separately numbering and record- ing the same in the order in which he receives them, designating in separate columns as follows : — In the record of births, the date of birth, the place of birth, the name of the child, (if it has any,) the sex and color of the child, the names and the places of birth of the parents, the occupation of the father, the residence of the parents, and the date of the record. In the record of marriages, the date of the marriage, the place of marriage, the name, residence, and official station of the person by whom married, the names and the places of birth of the parties, the residence of each, the age and color of each, the condition of each, (whether single or widowed,) the occu- pation, the names of the parents, and the date of the record. In the record of deaths, the date of the death, the name of the deceased, the sex, the color, the condition, (whether single, widowed, or married,) the age, the residence, the occupation, the place of death, the place of birth, the names and places of birth of the parents, the disease or cause of death, the place of burial, if the deceased was a married woman her maiden name and the name of her husband, and the maiden name of the mother of any deceased person, and the date of the record. 2. Parents shall give notice to the clerk of their city or town of the births and deaths of their children ; every householder shall give like notice of every birth and death happening in his house ; the eldest person next of kin shall give such notice of 99 the death of his kindred; the keeper of a workhouse, house 1795 of correction, prison, hospital, or almshouse, except the state almshouse, and the master or other commanding officer of a ship, 1839 shall give like notice of every birth and death happening among 1855 the persons under his charge. Whoever neglects to give such notice for the space of six months after a birth or death shall forfeit a sum not exceeding five dollars. 3. A physician who has attended a person during his last ^ e h r [f f y ia JJ c t0 illness shall, when requested, forthwith furnish for registration, jsgjj, 63. 18o8, oOuj § 1. a certificate stating, to the best of his knowledge and belief, the name of the deceased, his age, the disease of which he died, the duration of his last sickness, and the date of his decease. If a physician neglects or refuses to make a certifi- p 6 ^ 11 ^^ §3 cate as aforesaid, he shall be punished by a fine not exceeding fifty dollars. 4. Every sexton, undertaker, or other person having charge Sextons and . others to make of a burial-ground, and every undertaker or superintendent of returns to city burials having charge of the funeral rites preliminary to the in- p.s., c. 32, § 4.' terment of a human body, shall forthwith obtain and return to 1844 the clerk of the city or town in which the deceased resided, or the death occurred, the facts required by this chapter to be 1849 recorded by said officer concerning the deceased, and the person making such return shall receive from his city or town the fee of twenty-five cents therefor. All such returns shall be pre- i887, 202, § 2. served by said clerk or registrar, and filed, arranged and in- dexed conveniently for examination and reference. ;">. No undertaker, sexton or other person shall bury in a Burial or re- city or town or remove therefrom the body of a deceased person noTano4edtiii until he has received a permit so to do from the board of health be'e^ven!^ 8 or its duly appointed agent, or, if there is no board of health in fssli'soef^ I. 5 ' such city or town, from the city or town clerk. No such permit shall be issued until there has been delivered to such board, or 1878 agent or clerk, as the case may be, a satisfactory written state- ment containing the facts required by this chapter to be returned and recorded, together with the certificate of the attending physician, if any, as required by section 3 of this chapter, or in lieu thereof a certificate as hereinafter provided. If there is no attending physician, or if the certificate of the attending physician cannot be obtained, for good and sufficient reasons, early enough for the purpose, the chairman of the board of health or any physician employed by a city or town 100 Penalty. Undertakers, how licensed. P. S., c. 32, § 6. 1872 Physicians, etc., to return monthly lists of births. P.S.,c. 32, §7. 1883, 158. 1889. 288. 1880 Clerks to give notice that they will furnish blanks. P. 8., c. 32, § 8. Penalty for neglecting to report. P.S., c. 32, §9. Clerks to send copies of records to secretary of state. P.S..C. 32, § 10. 1844 1849 Record to be evidence. P. 8., c. 32, § 11. for tbe purpose shall, upon request of said board, agent or clerk, make such certificate as is required of the attending physician ; and in case of death by violence the medical examiner shall, if requested, make the same. When such satisfactory statement and certificate are delivered to the board of health or to its agent, the board or agent shall forthwith countersign and transmit the same to the clerk or registrar for registration. The person to whom the permit is so given shall thereafter furnish for registration any other information as to the deceased or to the manner and cause of the death, as the clerk or registrar may require. Any person violating any of the provisions of this section shall be punished by a fine not exceeding fifty dollars. 0. The boards of health of towns and the mayor and alder- men of cities shall, on or before the first day of July in each year, license a suitable number of undertakers to take charge of the funeral rites preliminary to the interment of a human body. 7. Physicians and midwives shall, on or before the fifth day of each month, report to the clerk of each city or town, a cor- rect list of all children, born therein during the month next preceding, at whose birth they were present, stating the date and place of each birth, the name of the child (if it has any), the sex and color of the child, the name, place of birth and residence of the parents, and the occupation of the father. The fee of the physician or midwife shall be twenty-five cents for each birth so reported, and shall be paid by the city or town in which the report is made. 8. The clerk of each city and town shall give public notice that he is prepared to furnish, to all physicians and midwives applying therefor, blanks for returns under the preceding sec- tion. 9. Any physician or midwife neglecting to report such list for ten days after it is due shall for each offence forfeit a sum not exceeding twenty dollars. 10. The clerk of each city and town shall annually, on or before the first day of March, transmit to the secretary of the commonwealth certified copies of the records of the births, marriages, and deaths which have occurred therein during the year ending on the last day of the preceding December. 11. The record of the town clerk relative to a birth, mar- riage, or death, shall be prima facie evidence, in legal proceed- 101 ings, of the facts recorded. A certificate, signed by the town clerk for the time being, shall be admissible as evidence cf , such record. 12. The clerk of each city and town, (except in such cities Fees of clerks and towns as choose a registrar, in which cases the provisions ? or leSSiag^ of this section shall apply to the registrar,) for receiving or e\s!, c.32, § 12. obtaining, recording, indexing, and returning the facts relating to marriages, births, and deaths occurring therein, shall be entitled to receive from the city or town for each marriage, 18GG fifteen cents ; for each birth, fifty cents ; for each death returned to him by the persons specified in sections two, three, 1873 and four, twenty cents for each of the first twenty entries, and ten cents for each subsequent entry ; for each death not so returned, but by him obtained and recorded, thirty-five cents, as the same shall be certified by the secretary of the common- wealth ; but a city or town containing more than ten thousand inhabitants may limit the aggregate compensation allowed to their clerk or registrar. He shall forfeit not less than twenty reuaity. nor more than one hundred dollars for each refusal or neglect to perform any duty required of him by sections one, two, three, four, ten, twelve, fourteen, sixteen, and eighteen. 13. The superintendent of the state almshouse shall obtain, Superintendent record, and make return of the facts in relation to the births h ouse to record and deaths which occur in his institution, in like manner as is etc. reU1Q a ° 8 ' required of town clerks. The clerk of a town in which such cierk of town * exempt* almshouse is located shall, in relation to the births and deaths p.s., c. 32, § 13. of persons in said almshouse, be exempt from the duties other- 1855 wise required of him by this chapter. 14. The secretary shall at the expense of the common- Secretary to ,.. furnish blank wealth prepare and furnish to the clerks of the several cities books and and towns, and to the superintendent of the state almshouse, p.gjfc. 32, § 14. blank books of suitable quality and size to be used as books of record under this chapter, blank books for indexes thereto, and 1844 blank forms for returns, on paper of uniform size ; and shall accompany the same with such instructions and explanations as 1849 may be necessary and useful. City and town clerks shall make such distribution of blank forms of returns furnished by the secretary as he shall direct. 15. The secretary shall cause the returns received by him Secretary to y v cause returns for each year to be bound together in one or more volumes to be bound and . report results to with indexes thereto. He shall prepare from the returns such general court. 1 1 P.S., c. 32, § 15. 102 1844 1849 Registrars may be chosen in certain cases. P. S., c. 32, § 16, 1849 Secretary to prosecute for penalty. P.S., c. 32, § 17. Cities or towns may make rules to enforce regis- tration. P. S., c. 32, §18. Clerk or regis- trar to make certified copies of certain records and send to other cities and towns. 1889, 208. Physicians to certify primary and secondary causes of death in case of sol- diers and sailors. 1889, 224. tabr.lVir results as will render them of practical utility, make ;vpcit thereof annually to the general court, and do all other acts necessary to carry into effect the provisions of this chapter. 16. A city or town containing more than ten thousand in- habitants may choose a person other than the clerk to be registrar, who shall be sworn, and to whom all the provisions of this chapter concerning clerks shall apply. The returns and notices required to be made and given to clerks shall be made and given to such registrar under like penalties. 17. The secretary of the commonwealth shall prosecute, by an action of tort in the name of the commonwealth, for the recovery of any penalty or forfeiture imposed by sections two, three, twelve, sixteen, and eighteen. 18. A city or town may make rules and regulations to enforce the provisions of this chapter, or to secure a more perfect registration of births, marriages, and deaths therein. 19. The clerk or registrar of each city and town shall on the first day of each month make a certified copy of the record of all deaths and births recorded in the books of said city or town during the previous month, whenever the deceased person or the parents of the child born, were resident in any other city or town in this Commonwealth at the time of said death or birth ; and shall transmit said certified copies to the clerk or registrar of the city or town in which such deceased person or parents were resident at the time of said death or birth, stating in addition the name of the street and number of the house, if any, where such deceased person or parents so resided, when- ever the same can be ascertained ; and the clerk or registrar so receiving such certified copies shall record the same in the books kept for recording deaths or births. Such certified copies shall be made upon blanks to be furnished for that purpose by the secretary of the Commonwealth. 20. A physician who has attended a person in his last illness in furnishing a certificate for the purposes of registration as required by section three of chapter thirty-two of the Public Statutes shall, in case the deceased was a soldier or a sailor who served in the war of the rebellion, give both the primary and the secondary or immediate cause of death as nearly as he can state the same. If a physician refuses or neglects to make such certificate he shall forfeit to the treasurer the sum of ten dollars for the use of the town in which he resides. 103 21. Every justice of the peace, minister, and clerk or keeper £ e r r m °"g JJJJ. of the records of a meeting wherein marriages among Friends riages to keep ° ° records and or Quakers are solemnized, shall make a record of each mar- make returns. ^ P. S.,c. 145, §24. riage solemnized before him, or in such meeting, and of all facts relating to the marriage which are required by law to be 1834 recorded, lie shall also, between the first and tenth days of each month, return a copy of all such records for the month 1844 next preceding to the clerk or registrar of the city or town in which the marriage was solemnized, and shall, when one or both of the parties to the marriage resided in a city or town other than that in which the marriage was solemnized, return a copy of the record of such marriage to the clerk or registrar of the city or town in which either party resided, and to the clerks or registrars of both cities or towns when the parties resided in different places. All marriages so returned shall be recorded Penalty. by the clerk or registrar, and every person neglecting to make the returns required by this section shall forfeit for each neglect not less than twenty nor more than one hundred dollars. All Returns to be ^ filed for refer- such returns shall be preserved by said clerk or registrar, and ence. 1 J & 1887, 202, § 3. filed, arranged and indexed conveniently for examination and reference. 22. The record of a marriage, made and kept as prescribed Record of mar- ° 1 A riage to be evi- by law by the person before whom the marriage has been dence thereof . , . *, i , , i . . P. S., c.145, §29. solemnized, or by the clerk or registrar of a city or town, or a R g copy of such record duly certified, shall be received in all courts and places as presumptive evidence of such marriage. 23. When a marriage has been solemnized by a consul or certificate from diplomatic agent of the United States, a copy of the record or evidence. a certificate from such consul or agent shall be presumptive p - 8 ' c - 145 ' §30 - evidence of such marriage. 24. The provisions of sections two and three of chapter two 1887,202, §4. hundred and two of the tfcts of the year eighteen hundred and eighty-seven shall apply to all returns of marriages and deaths now in the offices of town and city clerks and city registrars. 25. A city or town may cause to be carefully copied, such a city or town of its records as relate to grants of land, to divisions and HIS to be rec allotments of land made by the original proprietors of the p. P s?, d c. 37, § 5. • • 1887 *^0'^ § 1 township, or to easements, private rights, or ways, and also • ' 8 ' any records of births, deaths and marriages kept by such city 1857 or tow r n, or by a parish within the same. 104 Returns of statistics of divorce to be made by clerks of courts to secretary of state annually. 1882, 194, § 1. Secretary to furnish blanks. 1882, 194, § 2. RETURNS OF DIVORCES. 26. The clerks of courts for the several counties, and of the supreme judicial court for the county of Suffolk, shall, annually, during the month of February, make returns to the secretary of the Commonwealth in relation to libels for divorce in their respective counties for the calendar year next preceding. Such returns shall specify the following details : the number of libels pending at the beginning of the year ; the number of libels filed within the year ; the number of divorces granted ; the number of divorces refused ; the number of libels contested ; the num- ber of libels uncontested ; the alleged cause for divorce in each case ; the sex of the libellant and the length of time the parties have been married ; and the number of cases in which notice has been given to the district-attorney for prosecution under section forty-four of chapter one hundred and forty-six of the Public Statutes, and the criminal offence for which divorce has been granted in such cases. 27. The secretary shall furnish the said clerks of courts with suitable blank forms for the returns provided for in the preced- to prepare an abstract and publish in registration report. 1S82, 194, S 3. 28. The secretary shall annually prepare from said returns full and complete abstracts and tabular statements of the facts relating to divorces for each county, and embody such abstracts and statements, with necessary analyses, in the annual reports to the legislature relating to the registry of births, deaths and marriages. 105 TILE INQUEST LAWS. [The following code supersedes the coroner laws, which were repealed in 1877, abolish- ing the office of coroner.] DUTIES OF MEDICAL EXAMINERS. iers. P.S., c. 26, § 1. Number to be appointed in 1 . The governor shall nominate and by and with the advice Appointment of and consent Of the council shall appoint, in each couuty, able nT' ' and discreet men, learned in the science of medicine, to be medical examiners in such county ; and every such nomination shall be made at least seven days prior to the appointment. 2. The number of medical examiners, appoiuted as provided in the preceding section, shall be as follows : — «»ch ojjjj n *y : For the county of Barnstable, three examiners, being one in Barnstable each of the three districts into which said county is divided for Couuty- said purpose : namely, district one, composed of the towns of Harwich, Dennis, Yarmouth, Brewster, Chatham, Orleans, and Eastham ; district two, of the towns of Barnstable, Sandwich, Mashpee, and Falmouth ; and district three, of the towns of Provincetown, Truro and Wellfleet. For the county of Berkshire, four examiners, being one in Berkshire each of the four districts into which said county is divided for Coumy ' said purpose : namely, district one, composed of the towns of Williamstown, Clarksburg, Adams, North Adams, Florida, Savoy, New Ashford, and Cheshire ; district two, of the towns of Lanesborough, Windsor, Pittsfield, Dalton, Hinsdale, Peru, and Hancock ; district three, of the towns of Richmond, Lenox, Washington, Becket, Lee, Stockbridge, Tyringham, and Otis ; and district four, of the towns of West Stockbridge, Alford, Great Barrington, Monterey, Sandisfield, New Marlborough, Sheffield, Egremont, and Mount Washington. 106 Dukes County. Essex Couuty. Bristol County. For the county of Bristol, four examiners, being one in each of the four districts into which said county is divided for said purpose : namely, district one, composed of the towns of Attleborough, Seekonk, Norton, Mansfield, and liehoboth ; district two, of the city of Taunton and the towns of Raynham, Easton, Berkley, and Dighton ; district three,- of the city of Fall River and the towns of Somerset, Swanzey, Freetown, and Westport ; and district four, of the city of New Bedford and the towns of Dartmouth, Fairhaven, and Acushnet. For the county of Dukes County, three examiners, being one in each of the three districts into which said county is divided for said purpose : namely, district one, composed of the towns of Edgartown and Cottage City ; district two, of the towns of Tisbury and Gosnold ; and district three, of the towns of Chil- mark and Gay Head. For the county of Essex, ten examiners, being one in each of the ten districts into which said county is divided for said pur- pose : namely, district one, composed of the city of Gloucester and the town of Rockport ; district two, of the towns of Ipswich, Rowley, Hamilton, and Essex ; district three, of the city of New- buryport and the towns of Newbury, West Newbury, Amesbury, and Salisbury ; district four, of the city of Haverhill and the towns of Bradford and Merrimac ; district five, of the city of Lawrence and the towns of Methuen, Andover, and North Andover ; district six, of the toWns of Georgetown, Boxford, Topsfield, and Groveland ; district seven, of the towns of Beverly, Wenham, and Manchester ; district eight, of the towns of Peabody, Danvers, Middleton, and Lynnfield ; district nine, of the city of Lynn and the towns of Saugus, Nahant, and Swampscott ; and district ten, of the city of Salem and the town of Marblehead. For the county of Franklin, three examiners, being one in each of the three districts into which said county is divided for said purpose : namely, the eastern district, composed of the towns of Bernardston, Erving, Gill, Greenfield, Leverett, Montague, Northfield, Shutesbury, and Sunderland ; the western district, composed of the towns of Ashfield, Buckland, Charlemont, Colrain, Conway, Deerfield, Hawley, Heath, Leyden, Monroe, 1884,321, §§ 1,2. Rowe, Shelburne, and Whately ; and the northern district, com- posed of the towns of Orange, Warwick, New Salem and Wendell. County 6 " ^ or ^ e coun ty °^ Hampden, four examiners, being one in Franklin County. 107 each of the four districts into which said county is divided for said purpose : namely, district one, composed of the towns of Brimfield, Holland, Palmer, Monson, and Wales ; district two, of the city of Springfield and the towns of Agawam, Chicopee, Longmeadow, Ludlow, West Springfield, Wilbraham, and Hampden ; district three, of the city of Holyoke ; and district four, of the towns of Blandford, Chester, Granville, Mont- gomery, Russell, Southwick, Tolland, and AVestfield. For the county of Hampshire, four examiners, being one in Hampshire each of the four districts into which said county is divided for said purpose : namely, district one, composed of the towns of Chesterfield, Cummington, Goshen, Hatfield, Northampton, Plainfield, and Williamsburgh ; district two, of the towns of Easthampton, Huntington, Middlefield, Southampton, West- ham pton, and Worthington ; district three, of the towns of Amherst, Granby, Hadley, Pelham, and South Hadley ; and district four, of the towns of Belchertown, Enfield, Greenwich, Prescott, and Ware. For the county of Middlesex, ten examiners, being One in Middlesex each of the ten districts into which said county is divided for Couuty * said purpose : namely, district one, composed of the city of Cambridge and the towns of Belmont and Arlington ; district two, of the cities of Maiden find Somerville and the towns of Everett and Medford ; district three, of the towns of Melrose, Stone- ham, Wakefield, Wilmington, Reading, and North Reading ; dis- trict four, of the towns of Woburn, Winchester, Lexington, and Burlington ; district five, of the city of Lowell and the towns of Dracut, Tewksbury, Billerica, Chelmsford, and Tyngsborough ; district six, of the towns of Concord, Carlisle, Bedford, Lincoln, Littleton, Acton, and Boxborough ; district seven, of the city of Newton and the towns of Watertown, Waltham, and Weston ; district eight, of the towns of Framingham, Wayland, Natick, . Sherborn, Holliston, Hopkinton, and Ashland ; district nine, of the towns of Marlborough, Hudson, Maynard, Stow, and Sud- bury ; and district ten, of the towns of Ayer, Groton, Westford, Dunstable, Pepperell, Shirley, Townsend, and Ashby. For the county of Nantucket, one examiner. Nantucket Comity. For the county of Norfolk, nine examiners, being one in each Norfolk County, of the nine districts into which said county is divided for said purpose : namely, district one, composed of the towns of Ded- ham, Needham, Wellesley, Norwood, and Dover ; district two, 108 Plymouth Couuty. 1886, 74. of the towns of Hyde Park and Milton ; district three, of the towns of Quincy and Randolph ; district four, of the towns of Weymouth, Braintree, and Holbrook ; district five, of the towns of Stoughton, Canton, Walpole, and Sharon ; district six, of the towns of Franklin, Foxborough, and Wrentham ; district seven, of the towns of Med way, Medlield, Norfolk, and Belling- ham ; district eight, of the town of Brookline ; and district nine, of the town of Cohasset. For the county of Plymouth, five examiners, being one in each of the five districts into which said county is divided for said purpose : namely, district one, composed of the city of Brock- ton and the towns of West Bridgewater, East Bridgewater, Bridgewater, and South Abington ; district two, of the towns of Abington, Rockland, Hanover, Hanson, South Scituate, and Pembroke ; district three, of the towns of Plymouth, Halifax, Kingston, Plympton, and Duxbury ; district four, of the towns of Middleborough, Wareham, Mattapoisett, Carver, Rochester, Lakeville, and Marion.; and district five, of the towns of Hingham, Hull, Scituate, and Marshfield. Suffolk county. F or the county of Suffolk, two examiners. For the county of Worcester, eleven examiners, being one in each of the eleven districts into which said county is divided for said purpose : namely, district one, composed of the towns of Athol, Petersham, Phillipston, and Royalston ; district two, of the towns of Gardner, Templeton, and Winchendon ; district three, of the city of Fitchburg and the towns of Ashburnham, Leominster, Lunenburg, Princeton, and Westminster ; district four, of the towns of Berlin, Bolton, Clinton, Harvard, Lan- caster, and Sterling ; district five, of the towns of Grafton, Northborough, Southborough, and Westborough ; district six, of the towns of Mendon, Milford, and Upton ; district seven, of the towns of Blackstone, Douglas, Northbridge, and Uxbridge ; district eight, of the towns of Charlton, Dudley, Oxford, South- bridge, Sturbridge, and Webster ; district nine, of the towns of Brookfield, North Brookfield, Spencer, Warren, and West Brookfield ; district ten, of the towns of Barre, Dana, Hubbard- ston, Hardwick, New Braintree, Oakham, and Rutland ; and dis- trict eleven, of the city of Worcester and the towns of Auburn, Boylston, Holden, Leicester, Millbury, Paxton, Shrewsbury, Sutton, and West Boylston. Associate 3. The governor may also in like manner nominate and examiner for Suffolk. appoint an associate medical examiner for the county of Suffolk, 1881, 295. 1 r J Worcester Couuty. 109 who shall, at the request of either of the medical examiners for said count}', perform all the duties and exercise all the powers of a medical examiner in said county, but he shall not in any year be so required to serve for more than one month at the request of either of said medical examiners. 4. Said medical examiners and associate medical examiner Term of office . . and removal. shall hold their offices lor a term or seven years from the time p. s., e. 26, § 4. of their respective appointments, but shall be liable to removal from office by the governor and council at any time for cause shown. 5. Each medical examiner and the associate medical ex- official bonds, etc. aminer for Suffolk county shall, before entering upon the duties p. s., c. 26, § 5. of his office, be sworn, and give bond to the treasurer of the county, with sureties in the sum of five thousand dollars, for the faithful performance of such duties. If he fails to give such bond for thirty clays after his appointment, such appoint- ment shall be void. G. The superior court shall each year examine into the Examination of /v>- /.hit. Ti i« • -i bond by supe- sumciency of all bonds given under the preceding section ; and rior court, if it appears that any such bond is insufficient, said court shall i sV 7 , 206 ^ § ' I 4 ? 5 " cause a record of that fact to be made by its clerk, and shall require the party who gave such bond to give a new one, satis- factory to the court, within such time as it shall order. 7. A surety on any such bond, or his heirs, executors, or Discharge of ... ... . „ . . surety on bond. administrators, may petition the superior court, for the county g.s., c. 17, § 76. for which the officer who gave it was appointed, to be dis- 1877 » - 00 > § 24 - charged from such bond, and like proceedings shall, thereupon be had as in case of a similar petition by a surety on a sheriff's official bond. 8. If the condition of any such bond is broken to the injury Breach of con- of any person, the officer who gave it shall be liable to removal G!s"c. f i7?§ d 77. from his office and be subject to like penalties as sheriffs 1877, 200 ' § 24 " in like cases, and actions may be brought upon such bonds in like manner as upon the official bonds of sheriffs. 9. In the county of Suffolk each medical examiner shall Salaries and fees ^ of medical receive from the treasurer of the county, in full for all services examiners. J ' 1885, 379, § 1. performed by him, a salary of three thousand dollars a year, and the associate medical examiner a salary of five hundred dollars ; but if the said associate medical examiner serves in any year more than two months, at the request of either medical examiner, he shall, for such service in excess of two months, be paid at the same rate as such medical examiner, and such 110 compensation shall be deducted from the salary of the medical examiner in whose stead he serves. The medical examiners in other counties shall receive fees as follows : For a view with- out an autopsy, five dollars ; for a view and autopsy, thirty dollars ; and for travel, at the rate of ten cents a mile to and from the place of view. Duties of mecii- 10. Medical examiners shall make examination as herein- cal examiners. p. s., c. 26, § io. after provided, upon the view of the dead bodies of such persons only as are supposed to have come to their death by violence. When ™ 11. When a medical examiner has notice that there has been autopsy shall be made. ^ found, of is lying within his county,, the dead body of a person who is supposed to have come to his death by violence, he shall forthwith repair to the place where such body lies, and take charge of the same ; and if, on view thereof and personal in- quiry into the cause and manner of the death, he deems a further examination necessary, he shall, upon being thereto authorized in writing by the district attorney, mayor or select- men of the district, city, or town where such body lies, make an autopsy in the presence of two or more discreet persons, whose attendance he may compel by subpoena if necessary, and shall then and there carefully reduce or cause to be reduced to writing every fact and circumstance tending to show the con- dition of the body and the cause and manner of death, together with the names and addresses of said witnesses, which record he shall subscribe. Before making such autopsy he shall call the attention of the witnesses to the position and appearance of the body. Districtatiomey 12. If upon such view, personal inquiry or autopsy, he is or other magis „ . . . . , in trate to be noti- of opinion that the death was caused by violence, he shall at was caused by once notify the district attorney and a justice of the district, pjgfTcfsje, § 12. police or municipal court for the district or city in which the body lies, or a trial justice, and shall file a duly attested copy of the record of his autopsy in such court or with such justice, and a like copy with such district attorney ; and shall in all cases certify to the clerk or registrar having the custody of the records of births, marriages and deaths in the city or town in which the person deceased came to his death, the name and residence of the person deceased, if known, or when the name and residence cannot be ascertained, a description of the person deceased as full as may be, for identification, together with the cause and manner by and in which he came to his death. Ill 13. The court or trial justice shall thereupon hold an inquest, When inquest * A shall be held. which maybe private, in which case any or all persons other P. s., c. 26, § 13. than those required to be present by the provisions of this chapter, may be excluded from the place where such inquest is held ; and said court or trial justice may also direct the wit- nesses to be kept separate, so that they cannot converse with each other until they have been examined. The district attorney or some person designated by him, may attend the inquest and examine all witnesses. An inquest shall be held in all cases of death by accident upon a railroad ; and the district attorney or the attorney-general may, if he deems it necessary or expedient, direct an inquest to be held in the case of any other casualty from which the death of a person results. 14. The justice or district attorney may issue subpoenas for witnesses may witnesses, returnable before such court or trial justice. The p. s., c. 26, § 14. persons served with such process shall be allowed the same fees, their attendance may be enforced in the same manner, and they shall be subject to the same penalties, as if served with a subpoma in behalf of the Commonwealth in a criminal prosecution pending before such court, or trial justice. 15. The presiding justice or trial justice shall, after hearing Justices to re- the testimony, draw up and sign a report in which he shall find where and how and certify when, where and by what means the person deceased to ws 8 death me came to his death, his name if known, and all material circum- 1 ' 8 '' c ' 26, § 15 ' stances attending his death ; and if it appears that his death resulted wholly or in part from the unlawful act of any other person or persons, he shall further state the name of such per- son or persons, if known to him, and he shall file such report with the records of the superior court in the county wherein the inquest is held. 1G. If the justice finds that murder, manslaughter, 01* an Witnesses may , , .j.. j , i • i • i he bound over assault has been committed, he may bind over, as in criminal in certain cases, prosecutions, such witnesses as he deems necessary, or as the P ' S '' c ' 26 ' § lfl " district attorney may designate, to appear and testify at the court in which an indictment for such offence may be found or presented. 17. If a person charged by the report with the commission Justice to issue of an offence is not in custody, the justice shall forthwith issue arrest of person process for his apprehension, and such process shall be made re- commlssioif of turn able before any court or magistrate having jurisdiction in the S^; 2 6, § u. premises, who shall proceed therein in the manner required by 112 examination. P.S., c. 20, § 19 law ; but nothing herein shall prevent any justice from issuing such process before the finding of such report if it be otherwise lawful to issue the same, inquest may be 18. If a medical examiner reports that a death was not ordered by dis- trict attorney or caused by violence, and the district attorney or the attorney- by attorney- / general. general is of a contrary opinion, either the district attorney or ,,c. 6, §i . ^ e attorney-general may, notwithstanding such report, direct an inquest to be held in accordance with the provisions of this chapter, at which inquest he, or some person designated by him, shall be present and examine all the witnesses. Chemist may be 19. The medical examiner may, if he deems it necessary, called to aid the m . call a chemist to aid in the examination of the body or of sub- stances supposed to have caused or contributed to the death, and such chemist shall be entitled to such compensation for his services as the medical examiner certifies to be just and reason- able, the same being audited and allowed in the manner herein provided. A clerk who may be employed to reduce to writing the results of a medical examination or autopsy, shall be allowed for his services two dollars per day. Disposal of 20. The medical examiner upon the completion of his i887"*3i"o 2 §*i 2 °" au ^°P s y * n an y case rising under the provisions of this chapter, or upon the conclusion of his view or medical examination when an autopsy is deemed unnecessary, shall deliver the dead body, upon their claim therefor, to one or more of the persons herein- after named ; and they shall be entitled thereto as fol- lows : — First, the husband or wife, as the case may be. Second, the next of kin. Third, any friend of the deceased. But if the dead body is unidentified or unclaimed for a period of not less than forty-eight hours following the view thereof, the medical examiner shall deliver the body to the overseers of the poor of the city or town wherein it is found lying, and said overseers shall decently bury the same in accordance with the provisions of section seventeen of chapter eighty-four of the Public Statutes. Services for 21. When services are rendered in bringing to land the brinGjinj? dcud body to land dead body of a person found in any of the harbors, rivers or pensated. m waters of the Commonwealth, the medical examiner may allow p. s., c. 26, § 21. compensation for said services as he deems reasonable, but this provision shall not entitle any person to compensation for services rendered in searching for a dead body. 113 22. In all cases arising under the provisions of this chapter Medical exam- iner to take the medical examiner shall take charge of auy money or other charge of money or other prop- personal property of the deceased, found upon or near the erty found on body, and deliver the same to the person or persons entitled to body! its custody or possession ; or, if not claimed by such person 1 * S '' c * 26 ' § 2- ' within sixty days, then to a public administrator, to be adminis- tered upon according to law. 23. A medical examiner who fraudulently neglects or re- Penalty for fuses to deliver any such property to such person within three gfve C up prop- days after due demand upon him therefor shall be punished by p. c . 26, § 23. imprisonment in the jail or house of correction not exceeding two years, or by fine not exceeding five hundred dollars. 24. Every medical examiner shall return an account of the Account of . . . expenses and expenses of each view or autopsy, including his fees, to the feestoberen- county commissioners having jurisdiction over the place where audited, the examination or view is held, or in the county of Suffolk to the mw.'sim I. 2 *" auditor of the city of Boston, and shall annex to his return the written authority under which the autopsy was made. Such commissioners or auditor shall audit such accounts and certify to the treasurer of the county what items in such account are deemed just and reasonable and such items shall be paid by said treasurer to the person entitled to receive the same. 25. The fees of trial justices for the services specified in Fees of trial this chapter shall be as follows : namely, for receiving and filing services at a duly attested copy of the record of an autopsy, fifty cents ; for i878, e 23o'. each subpoena issued, ten cents ; for each day's attendance in holding the inquest, five dollars ; for the recognizance of wit- nesses, twenty cents ; and for drawing up and filing a report in superior court, five dollars. The said fees, having been audited by the district-attorney, shall be paid from the treasury of the county. 26. Section seventeen of chapter eighty-four of the Public Medical exam- Statutes is hereby amended by striking out the words " except charged with such strangers as are buried by medical examiners under the strangers. provisions of section twenty of chapter twenty-six." 27. When a medical examiner deems it necessary to have a Fee of medical physician present at an autopsy as one of the witnesses, as ^ ineB8, provided in section eleven of chapter twenty-six of the Public Statutes, such physician shall be allowed five dollars for his services. Other witnesses required by law to be present at an Fees of other autopsy shall be allowed two dollars each. im?!ii9*\ 2. 114 Medical ex- aminers to make returns to secre- tary of state. 1885, 379, § 3. Fees for record- ing and making returns. Penalty. 1885, 379, § 4. Secretary of state to furnish blank books and forms for returns. 1885, 379, § 5. to cause returns to be bound, and to publish results in registration report. 1885,379, § 6. Medical ex- aminer to file a report of 28. Every medical examiner shall, annually, on or before the first day of March, transmit to the secretary of the common- wealth certified copies of the records of all deaths which have occurred during the year ending on the last day of the preceding December, the cause and manner of which he has investi- gated, in accordance with the requirements of chapter twenty- six of the Public Statutes : provided, however, if the term of office of any medical examiner shall end before the last day of December, he shall send to the secretary of the commonwealth, within the sixty days next ensuing upon the expiration of his commission as a medical examiner, certified copies of the records of all deaths officially investigated by him during that part of the then current calendar year in which he continued in office. 29. Each medical examiner shall be entitled to receive from the treasury of the commonwealth, for recording and returning the facts relating to deaths as herein provided, twenty cents for each of the first twenty entries, and ten cents for each subse- quent entry in any year, as certified by the secretary of the commonwealth, and such allowance and payment shall be made to the medical examiners in Suffolk County for record and returns pursuant to this section, notwithstanding the limitation to the salary fixed by section nine of chapter twenty-six of the Public Statutes as amended by this act. Any medical examiner shall forfeit not less than ten nor more than fifty dollars for each refusal or neglect to fulfil the requirements of section three of this act. 30. The secretary shall, at the expense of the common- wealth, prepare and furnish to the several medical examiners, blank books of suitable quality and size,*to be used as books of record under this act, and blank forms for returns, on paper of uniform size. 31. The secretary shall cause the returns received by him for each year, in accordance with this act, to be bound together in one volume, with indexes thereto ; he shall prepare or cause to be prepared from the said returns such tabular results as will render them of practical utility, and shall make report thereof annually to the general court in connection with the report of the registry and return of births, marriages and deaths required by section fifteen of chapter thirty- two of the Public Statutes. 32. Every medical examiner shall forthwith file with the district attorney of his district, a report of each autopsy made 115 by him and of his view and personal inquiry in such case under * ut °i? 8 3 T ?' ith J i i j district attorney the provisions of chapter twenty-six of the Public Statutes; and certify as to 1 " its necessity. and shall certify in such report that, in his judgment, the cause and manner of death could not be ascertained by view and inquiry, and that an autopsy was necessary for that purpose. The district attorney shall examine such report, and if of the District at- • • i i in , • ii torney shall ex- opinion that such autopsy was necessary shall, except in the amine reports county of Suffolk, so certify to the county commissioners, hav- opinion as to ing jurisdiction over the place where the autopsy is held, and no iSsm^'s T- fee for any autopsy shall be certified by the commissioners for payment until such certificate by the district attorney shall have been filed with said commissioners. 110 ADDITIONAL STATUTES RELATING TO PUBLIC HEALTH. Privy vault not to be established in sewered street without permission of board of health. Board may declare vault a nuisance and forbid its con- tinuance. 1890, 74, § 1. Act to take effect when accepted by city council. 1890, 74, §'2. The following statutes relating to public health matters were enacted by the Legislature of 1890. [Chap. 74.] An Act in relation to the preservation of public health in cities. Be it enacted, etc., as follows : Section 1. No privy vault shall be established in a city which accepts this act either upon premises situated on a public or private street, court or passage way where there is a public sewer opposite thereto, or upon premises connected with a public or private sewer, without permission in writing first obtained from the board of health of such city. And whenever there is in such city a privy vault so situated which, in the opinion of the board of health of such city, is injurious to the public health, said board shall declare the same to be a nuisance, and forbid its continuance, and sections twenty-one to twenty-three inclusive of chapter eighty of the Public Statutes shall apply to such nuisances so declared. Section 2. This act shall take effect in any city of the Commonwealth when accepted by the city council thereof. [Approved March 6, 1890. [Chap. 102.] An Act concerning notice in case of infectious or con- tagious DISEASES. Be it enacted, etc., as follows: Section one of chapter ninety-eight of the acts of the year eighteen hundred and eighty-four is hereby amended by strik- ing out all of said section and inserting in place thereof the fol- lowing new section : — Section 1. When a householder knows 117 that a person within his family or house is sick of small-pox, Householder to diphtheria, scarlet fever, or any other infectious or contagious health of case of disease dangerous to the public health, he shall immediately ease? 10 " 8 dl8 ' give notice thereof to the board of health of the city or town in which he dwells, and upon the death, recovery or removal of such person, such of the rooms of said house and such of Certain rooms 1 and articles to the articles therein as, in the opinion of the board of health, be disinfected, have been subjected to infection or contagion shall be disin- fected by such householder to the satisfaction of said board of health. Any person neglecting or refusing to comply with Penalty for either of the above provisions shall be punished by a fine not refusal. ° r exceeding one hundred dollars. [Approved March 19, 1890. 1 ? J0 ' 10 *" [Chap. 124.] Ax Act providing for the purchase or taking of land by CITIES AND TOWNS FOR THE PURIFICATION AND DISPOSAL OF SEWAGE. Be it enacted, etc., as follows: Section one of chapter fifty of the Public Statutes is hereby amended by adding at the end thereof the words : — Cities and Cities and towns J ° may take land towns may with the approval of the state board of health, for sewage dis- obtained after a public hearing by said board of all parties interested, purchase or take land within their respective limits for the purification and disposal of sewage. Said board shall state board to A give notice of give notice of such hearings by publication in such newspapers hearings. and at such times as it may deem proper, — so that said section as amended shall read as follows : — Section 1 . The mayor Authorities of i ii j. iii ii i • cities and towns and aldermen of a city, and the selectmen or road commis- may make sioners of a town, may lay, make, and maintain all such main tems, iag drains or common sewers, as they adjudge to be necessary for the public convenience or the public health, through the lands of any persons or corporations, and may repair the same when- ever it is necessary ; main drains and common sewers so laid shall be the property of the city or town. Cities and towns may with the approval of the state board of health, obtained after a public hearing by said board of all parties interested, purchase or take land within their respective limits for the puri- fication and disposal of sewage. Said board shall give notice of such hearings by publication^ such newspapers and at such times as it may deem proper. [Approved March 27, 1890. )0, 124°.' 118 [Chap. 132.] Buildings to connected wi sewer, when 1890, V32, § 1. Penalty. 1890, 132, § 1. An Act to provide for connecting buildings with public SEWERS. Be it enacted, etc., as follows : Section 1. Every building situated on a public or private street, court or passageway, in which there is a public sewer, shall, when required by the board of health of the city or town in which it stands, be connected by a good and sufficient partic- ular drain with such public sewer. Section 2. Any person owning, leasing or maintaining any building not connected with a public sewer as provided in the preceding section shall be punished by a fine not exceeding two hundred dollars. Section 3. This act shall take effect upon its passage. [Approved March 28, 1890. State board of health to have supervision of streams and ponds used as sources of water supply. 1890, 441, § 1. Complaints as to pollution. Hearing to be held. Board may pro hibit pollution. [Chap. 441..] An Act in addition to the acts to prevent the pollution of sources of water supply. Be it enacted, etc., as follows : Section 1. The state board of health shall have the general supervision of all streams and ponds used by a city or town as sources of water supply, with reference to their purity, together with all springs, streams and water-courses tributary thereto ; and shall have authority to examine the same from time to time and inquire what pollutions exist and what are their causes. Section 2. Whenever the mayor of a city or the selectmen of a town, using a stream or pond as a source of water supply, complains to said state board of health that manure, excrement, garbage, sewage or any other matter is so deposited, kept or discharged within one hundred feet of the high water mark of any such stream or pond, or any stream, pond, spring or water- course tributary thereto, as to pollute or tend to pollute the waters of such stream, pond, spring or water-course, the said board of health shall appoint a time and place for hearing par- ties to be affected, and give due notice thereof to such parties ; and after such hearing, if in its judgment the public health - requires it, may prohibit the deposit, keeping or discharge of any such material as aforesaid, and may order any person to desist therefrom and to remove any such material theretofore 119 deposited ; but shall not prohibit the use of any structure as Prohibition was customary at the time of the passage of this act, unless the mayor of the city or the selectmen of the town making the complaint shall file with said state board of health an agree- ment in writing that such city or town shall at its own expense make such changes in said structure or its location as said board shall deem expedient, and such agreement shall be bind- ing on such city or town ; and when such changes have been Damages to be made all damages occasioned thereby shall be paid by such 'city town? 3 ' uty ° r or town; and if the parties cannot agree thereon, such dam- maybedcter- ages shall be determined by a jury on petition of either party mme yjuiy ' filed in the clerk's office of the superior court, in the manner provided by law in relation to determining the damages occa- sioned by taking land for highways in such city or town ; said ^qJ^J 11 aud board shall not prohibit the cultivation and use of the soil in allowed. 1 1890, 440, § 2. the ordinary methods of husbandry, provided no human excre- ment be used thereon. Section 3. Any person aggrieved by an order passed under Appeals, how this act may appeal therefrom ; and if he shall, within ten days from the service of such order upon him, file a petition in the clerk's office of the superior court in the county where the prem- ises are located, with reference to which such order is made, for a jury, a trial may, after such notice as the court shall order to the said board of health and the mayor of the city or the chair- man of the selectmen of a town interested in such order, be had at the bar of the court in the same manner as other civil cases are tried by jury. If a person by mistake of law or fact Failure to or by accident fails to appeal from any such order and to file appeal * his petition for a jury within ten days, and if he makes it appear to the court or justice that such failure was caused by mistake or accident and that he has not since the service of such order upon him violated such order, he may at any time within thirty days from the service of the order upon him appeal therefrom and file his petition for a jury with the same effect as if done within the said ten days. During the pen- orders to be dency of the appeal the order of the said board of health shall during e peu V - lth be complied with unless otherwise authorized by said board dency of a ^ eaL after the appeal. The verdict of the jury, which may either Authority of alter the order or affirm or annul it in full, when accepted by ISo/Si, § 3. the court shall have the authority and effect of and may be enforced in the same way as an original order from which no appeal had been taken. 120 Court may enforce orders of board. may restrain by injunction. 1890, 441, § 4. Penalty for vio- lation. 1890, 441, § 5. Act not to impair or repeal existing provi- sions. Certain rivers excepted. 1890, 441, § 6. Heal ings to be held in city or town where pol- lution is alleged to exist. 1890, 441, § 7. Section 4. Any court having equity jurisdiction may, in term time or vacation, on the application of said state board of health or of any party interested, by any suitable process or decree in equity, enforce by injunction or otherwise such orders of said board of health or of said court ; and may at the same time issue an injunction to restrain, until the orders of said board have been complied with, the use or occupation of the premises within said distance of one hundred feet on which the said material is deposited or kept. Section 5. Whoever deposits, keeps or discharges on his premises any material in violation of such order of prohibition, after the same has been served upon him as aforesaid, shall forfeit a sum not exceeding ten dollars for each and every day until such order is complied with. Section 6. This act shall not be construed to impair or repeal any existing provision of law in regard to the pollution of springs, streams, ponds or water-courses, or the prevention of such pollution, or the powers and jurisdiction of any court relating to the prevention of such pollution ; nor shall it be applicable to the Merrimac or Connecticut rivers, nor to so much of the Concord river as lies within the limits of the city of Lowell. Section 7. All hearings granted in accordance with the provisions of this act shall be held in the city or town in which the nuisance or pollution is alleged to exist. [Approved June 23, 1890. 121 POWEKS AND DUTIES OF THE STATE BOARD OF HEALTH. The manual herewith published contains the laws now in force which pertain to public health in the State of Massachusetts, together with the laws relating to inquests and to the registration of births, mar- riages and deaths. These laws have been enacted at different periods. Some of them have reference to the powers and duties of the State Board of Health, some to those of local boards having jurisdiction in cities and towns, and some have reference to neither of these bodies. As a matter of convenience, the following summary of the powers and duties of the State Board is herewith published in separate form. ORGANIZATION OF THE BOARD. TERMS OF OFFICE. VACANCIES. ROOMS. MEETINGS. BY-LAWS. 1. The state board of health shall consist of seven persons, appointed by the governor, with the advice and consent of the council. (1886, c. 101, § 1.) 2. The members of the board shall hold office for seven years, so arranged that the term of one member shall expire eacli year. (1886, c. 101, § 1.) 3. All vacancies in the board shall be filled by the governor and council. (1886, c. 101, § 1.) 4. The board shall be provided with rooms at the expense of the state. (1886, c. 101, § 2.) 5. It shall hold meetings each month, on a day fixed by itself, and at such other times as may be needful. (1886, c. 101, § 2.) 6. It shall make its own by-laws. (1886, c. 101, § 2.) REPORT. 7. It shall make a report of its doings to the governor and council on or before the thirty-first day of December in each year, such report to be made up to the thirtieth of September inclusive. (1886, c- 101, §2.) DUTIES OF SECRETARY. 8. The board shall elect its secretary, who shall be its executive officer, and shall hold office during the pleasure of the board. He shall perform or superintend the work prescribed by law for the state board of health, and as directed by the board, and such other duties as the board may require. He shall not be ex officio a member of the board, 122 but the board may, whenever it shall be deemed necessary, elect one of its members secretary pro tempore, who may in the absence or disability of the secretary perform the duties of that office. The secretary shall receive from the treasury an annual salary of three thousand dollars, and his necessary travelling expenses incurred in the performance of official duties. (1886, c. 101, § 3.) EXPENSES OE BOARD. 9. No member of the board shall receive any compensation. The actual personal expenses of any member while engaged in the duties of the board shall be paid from the treasury, after they have been audited by the board. (1886, c. 101, § 3.) 10. All other necessary expenses arising in the secretary's office or from the discharge of the duties of .the board shall be paid out of the treasury in the same manner as those of the different departments of the government. (1886, c. 101, § 3.) GENERAL DUTIES OE BOARD. 11. It shall take cognizance of the interests of health and life among the citizens of the Commonwealth. (1886, c. 101, § 4.) 12. It shall make sanitary investigations and inquiries in respect to the causes of disease, and especially of epidemics and the sources of mortality. (1886, c. 101, § 4.) 13. It shall also make investigations in respect to the effects of localities, employments, conditions, and circumstances, on the public health. (1886, c. 101, § 4.) 14. It shall gather such information in respect to the foregoing subjects as it may deem proper for diffusion among the people. (1886, c. 101, § 4.) 15. It shall advise the government in regard to the location and other sanitary conditions of any public institutions. (1886, c. 101, § 4.) SMALL-POX AND OTHER CONTAGIOUS DISEASES. 16. If sm all-pox or any other contagious or infectious disease dan- gerous to the public health exists, or is likely to exist, in any place within the state, the state board shall investigate the same, and the means of preventing the spread thereof, and shall consult thereon with the local authorities, and shall have co-ordinate powers as a board of health, in every place, with the board of health or health officer there- of, or with the mayor and aldermen or the selectmen, if no such board or officer exists in such place. (Pub. Stats., c. 80, § 2.) 17. It shall be notified by local boards of the occurrence of small- pox in cities and towns, within twenty-four hours after they have received notice of such occurrence. (1883, c. 138, § 1.) ■ 18. The secretary of the state board shall forthwith transmit a copy of the notice so received to the state board of lunacy and charity. (1886, c. 101, § 4.) 123 INSPECTION OF LYING-IN HOSPITALS. 19. Every lying-in hospital, hospitah»warcl, or other place for the reception, care and treatment of women in labor, shall be subject to visitation and inspection by the state board of health, if it receives more than six women as patients in labor in a year. (Pub. Stats. » c. 80, § 58.) HYDROPHOBIA. 20. The secretary of the board shall supply a description of the disease known as hydrophobia to the clerks of cities and towns upon application from them. (Pub. Stats., c. 102, § 83.) OFFENSIVE TRADES, ETC 21. When any building is occupied or used for carrying on there- in the business of slaughtering cattle, sheep or other animals, or for a melting or rendering establishment, or for other noxious or offensive trades and occupations, the state board of health shall, upon application made to it for that purpose, appoint a time and place for hearing the parties, and give clue notice thereof to the party against whom the application is made, and after such notice and hearing may, if in its judgment the public health or the public comfort and conven- ience so require, order any person to desist and cease from further carrying on said trades or occupations in such building or premises; and any person thereafter continuing so to occupy or use such building or premises shall forfeit a sum not exceeding two hundred dollars for every month of such occupancy and use, and in like proportion for a longer or shorter time. (Pub. Stats., c. 80, § 93.) 22. The supreme judicial court in term time or vacation may issue an injunction to prevent the occupancy, use, enlargement, or extension of any building or premises occupied or used for the trades or occupa- tions aforesaid, without the written consent and permission of the mayor and aldermen of the city or selectmen of the town in which the building or premises are situated being first obtained; and also in like manner to enforce the orders of the state board issued under the pre- ceding section. (Pub. Stats., c. 80, § 94.) 23. Corporations formed for the purpose of buying and slaughter- ing swine and of melting and rendering and pork-packing, may take and hold by purchase or otherwise such parcel of land, not exceeding- one hundred acres in extent, and situated in such place, as the state board of health may determine to be suitable for said business. (Pub. Stats., c. 107, § 2.) 24. Buildings constructed under tfce provisions of chapter 107, Pub. Stats., and intended for the slaughtering of swine, and for melting and rendering, and the necessary stables and outbuildings, shall not be erected until the plans thereof, with all details of construction, have been submitted to and approved by said state board, or some person designated by it to examine them. The corporation shall carry on all its business in accordance with such regulations as said state board shall, from time to time, establish and furnish in writing to the 124 clerk of the corporation ; and for each violation of said regulations it shall forfeit not less than twenty nor more than five hundred dollars. (Pub. Stats., c. 107, § 4.) ♦ 25. Subject to the foregoing provisions, such corporation may manufacture and sell any of the usual products of said slaughtering . and melting and rendering business, or may lease or permit other per- sons to use their buildings or parts thereof, on such terms as may be agreed upon. Each member of the corporation may slaughter swine on said premises, subject to such regulations and tariff of prices as the corporation may by vote at any regular meeting establish, and to the regulations of the said state board. A person engaged in business in the premises of such corporation, who violates any regulation of said state board, shall forfeit not less than twenty nor more than five hun- dred dollars. (Pub. Stats., c. 107, § 5.) IMPURE ICE. 26. Upon complaint in writing of not less than twenty-five con- sumers of ice which is cut, sold, and held for sale from any pond or stream in this Commonwealth, alleging that said ice is impure and injurious to health, the state board of health may appoint a time and place for hearing parties to be affected and give clue notice thereof to such parties, and after such hearing said board may make such orders concerning the sale of said ice as in its judgment the public health requires. (1886, c. 287, § 1.) 27. The supreme judicial court in term time or vacation may issue an injunction to enforce such orders of the state board. (1886, c. 287, §2.) 28. Such orders of the state board of health shall be served upon any person or persons who are or have been selling said impure ice, and any party aggrieved thereby shall have the right of appeal to a jury and be subject to the provisions of sections eighty-eight, eighty-nine and ninety of chapter eighty of the Public Statutes, and the court may render such judgment as to costs as in its discretion may seem just. (1886, c. 287, § 3.) WATER SUPPLIES AND SEWERAGE. 29. Water boards, water commissioners, and water companies mak- ing use, as a source of water supply, of any pond, stream, reservoir, or well, within the Commonwealth, and distributing the waters thereof for public, domestic, and general uses, shall make returns to the state board on or before the first day of November in every third year, beginning with the year eighteen hundred and eighty-two, of the facts hereinafter enumerated : provided, that the expense incurred by any such board, commissioners, or company, shall not exceed fifty dollars. (Pub. Stats., c. 80, § 103.) 30. The state board shall publish triennially, in its report to the legislature, the returns received, arranged by counties separately, and those from each county alphabetically. (Pub. Stats., c. 80, § 103.) 125 31. The state board shall, on application from the parties who are requirecTto make said returns, furnish the requisite blanks* therefor; and any water board, commissioners, or company required to make said returns shall, for every neglect or failure so to do, forfeit fifty dollars to the use of the local board of health, or the proper officers acting as such, of the city or town in which such delinquent has its principal office. (Pub. Stats., c. 80, § 104.) 32. The state board shall prosecute, by an action of tort in the name of the Commonwealth, for the recovery of the penalty or forfeit herein imposed. (Pub. Stats., c. SO, § 105.) 33. The state board of health shall have the general oversight and care of all inland waters. (1888, c. 375, § 1.) 34. It shall be furnished with maps, plans and documents suitable for this purpose. (1888, c. 375, § 1.) 35. Records of all its doings in relation thereto shall be kept. (1888, c. 375, § 1.) 36. It may employ such engineers and clerks and other assistants as it may deem necessary : provided, that no contracts or other acts which involve the payment of money from the treasury of the Com- monwealth shall be made or done without an appropriation expressly made therefor by the general court. (1888, c. 375, § 1.) 37. It shall annually, on or before the tenth clay of January, report to the general court its doings in the preceding year. (1888, c. 375, § 1.) 38. At the same time it shall submit estimates of the sums required to meet the expenses of said board in relation to the care and oversight of inland waters for the ensuing year. (1888, c. 375, § 1.) 39. It shall also recommend legislation and suitable plans for such systems of main sewers as it may deem necessary for the preservation of the public health and for the purification and prevention of pollution of the ponds, streams and inland waters of the Commonwealth. (1888, c. 375, § 1.) 40. It shall from time to time as it may deem expedient, cause ex- aminations of the said waters to be made for the purpose of ascertain- ing whether the same are adapted for use as sources of domestic water supplies or are in a condition likely to impair the interests of the public or persons lawfully using the same, or imperil the public health. (1888, c. 375, § 2.) 41. It shall recommend measures for prevention of the pollution of such waters and for removal of substances and causes of every kind which may be liable to cause pollution thereof, in order to protect and develop the rights and property of the Commonwealth therein and to protect the public health. (1888, c. 375, § 2.) 42. It shall have authority to conduct experiments to determine the best practicable methods of purification of drainage and sewage or disposal of the same. (1888, c. 375, § 2.) * For the blauk forms required by this act see Manual, page 51. 126 43. For the purposes aforesaid it may employ such expert assist- ance as may be necessary. (1888, c. 375, § 2.) 44. It shall from time to time consult with and advise the authorities of cities and towns, or with corporations, firms or individuals either already having or intending to introduce systems of water supply, drainage, or sewerage, as to the most appropriate source of supply, the best practicable method of assuring the purity thereof or of disposing of their drainage or sewage, having regard to the present and prospec- tive needs and interests of other cities, towns, corporations, firms or individuals which may be affected thereby. (1888, c. 375, § 3.) 45. It shall also from time to time consult with and advise persons or corporations engaged or intending to engage' in any manufacturing or other business, drainage or sewage from which may tend to cause the pollution of any inland water, as to the best practicable method of preventing such pollution by the interception, disposal or purification of such drainage or sewage : provided, that no person shall be com- pelled to bear the expense of such consultation or advice, or of experiments made for the purposes of this act. (1888, c. 375, § 3.) 46. All such authorities, corporations, firms and individuals are hereby required to give notice to said board of their intentions in the premises, and to submit for its advice. outlines of their proposed plans or schemes in relation to water supply and disposal of drainage and sewage, and all petitions to the legislature for authority to introduce a system of water supply, drainage or sewerage shall be accompanied by a copy of the recommendation and advice of the said board thereon. (1888, c. 375, § 3.) 47. It shall bring to the notice of the attorney-general all instances which may come to its knowledge of omission to comply with existing laws respecting the pollution of water supplies and inland waters and shall annually report to the legislature any specific cases not covered by the provisions of existing laws, which in its opinion call for further legislation. (1888, c. 375, § 3.) 48. Cities and towns may with the approval of the state board of health, obtained after a public hearing by the board of all parties inter- ested, purchase or take land within their respective limits for the purification and disposal of sewage. (1890, c. 124.) 49. The board shall give notice of such hearings by publication in such newspapers and at such times as it may deem proper. (1890, c. 124.) 50. The state board of health shall have the general supervision of all streams and ponds used by a city or town as sources of water sup- ply, with reference to their purity, together with all springs, streams and water-courses tributary thereto. (1890, c. 441, § 1.) 51. It shall have authority to examine the same from time to time and inquire what pollutions exist and what are their causes. (1890, c. 441, § 1.) 52. Whenever the mayor of a city or the selectmen of a town, using a stream or pond as a source of water supply, complains to said state 127 board of health that manure, excrement, garbage, sewage or any other matter is so deposited, kept or discharged within one hundred feet of the high water mark of any such stream or pond, or any stream, pond, spring or water-course tributary thereto, as to pollute or tend to pol- lute the waters of such stream, pond, spring or water-course, the said board of health shall appoint a time and place for hearing parties to be affected, and give due notice thereof to such parties. (1890, c. 441, § 2.) 53. After such hearing, if in its judgment the public health requires it. il may prohibit the deposit, keeping or discharge of any such mate- rial as aforesaid, and may order any person to desist therefrom and to remove any such material theretofore deposited. (1890, c. 441, § 2.) 54. It shall not prohibit the use of any structure as was customary at the time of the passage of this act, unless the mayor of the city or the selectmen of the town making the complaint shall file with said state board of health an agreement in writing that such city or town shall at its own expense make such changes in said structure or its location as said board shall deem expedient, and such agreement shall be binding on such city or town. (1890, c. 441, § 2.) 55. When such changes have been made all damages occasioned thereby shall be paid by such city or town. (1890, c. 441, § 2.) 56. If the parties cannot agree thereon, such damages shall be determined by a jury on petition of either party filed in the clerk's office of the superior court, in the manner provided by law in relation to determining the damages occasioned by taking land for highways in such cify or town. (1890, c. 441, § 2.) 57. Said board shall not prohibit the cultivation and use of the soil in the ordinary methods of husbandry, provided no human excrement be used thereon. (1890, c. 441, § 2.) 58. Any person aggrieved by an order passed under this act may appeal therefrom; and if he shall, within ten days from the service of such order upon him, file a petition in the clerk's office of the superior court in the county where the premises are located, with reference to which such order is made, for a jury, a trial may, after such notice as the court shall order to the said board of health and the mayor of the city or the chairman of the selectmen of a town interested in such order, be had at the bar of the court in the same maimer as other civil cases are tried by jury. (1890, c. 441, § 3.) 59. If a person by mistake of law or fact or by accident fails to appeal from any such order and to file his petition for a jury within ten days, and if he makes it appear to the court or justice that such fail- ure was caused by mistake or accident and that he has not since the service of such order upon him violated such order, he may at any time within thirty days from the service of the order upon him appeal therefrom and file his petition for a jury with the same effect as if done within the said ten days. (1890, c. 441, § 3.) 60. During the pendency of the appeal the order of the said board of health shall be complied with unless otherwise authorized by said board after the appeal. (1890, c. 441, § 3.) 128 61. The verdict of the jury, which may either alter the order or affirm or annul it in full, when accepted by the court shall have the authority and effect of and may be enforced in the same way as an original order from which no appeal had been taken. (1890, c. 441, §3.) 62. Any court having- equity jurisdiction may, in term time or vacation, on the application of said state board of health or of any party interested, by any suitable process or decree in equity, enforce by injunction or otherwise such orders of said board of health or of said court. (1890, c. 441, § 4.) 63. And may at the same time issue an injunction to restrain, until the orders of said board have been complied with, the use or occupa- tion of the premises within said distance of one hundred feet on which the said material is deposited or kept. (1890, c. 441, § 4.) 64. Whoever deposits, keeps or discharges on his premises any material in violation of such order of prohibition, after the same has been served upon him as aforesaid, shall forfeit a sum not exceeding ten dollars for each and every day until such order is complied with. (1890, c. 441, § 5.) 65. This act shall not be construed to impair or repeal any existing provision of law in regard to the pollution of springs, streams, ponds or water-courses, or the prevention of such pollution, or the powers and jurisdiction of any court relating to the prevention of such pollu- tion; nor shall it be applicable to the Merrimac or Connecticut rivers, nor to so much of the Concord river as lies within the limits of the city of Lowell. (1890, c. 441, § 6.) 66. All hearings granted in accordance with the provisions of this act shall be held in the city or town in which the nuisance or pollution is alleged to exist. (1890, c. 441, § 7.) CREMATORIES. 67. The state board of health may determine the proper location of crematories established by corporations organized for the purpose of incinerating the bodies of the dead. No building shall be erected, occupied or used by such corporation until the location and plans thereof, with all details of construction, have been submitted to and approved by said board or some person designated by it to examine them. (1885, c. 265, § 2.) 68. Every such corporation may make by-laws and regulations con- sistent with law and subject to'the approval of said state board, for the reception and cremation of bodies of deceased persons, and for the disposition of the ashes remaining therefrom, and shall carry on all its business in accordance with such regulations as said board shall from time to time establish and furnish in writing to the clerk of the cor- poration. (1885, c. 265, § 3.) FOOD AND DRUG INSPECTION. 69. The state board of health shall take cognizance of the interests of the public health relating to the sale of drugs and food and the adulteration of the same. (1882, c. 263, § 5.) 129 70. It shall make all necessary investigations and inquiries in ref- erence thereto. (1882, c 263, § 5.) 71. For these purposes it may appoint inspectors, analysts and chemists, who shall be subject to its supervision and removal. (1882, c. 263, § 5.) 72. The said board shall adopt such measures as it may deem necessary to facilitate the enforcement of this act, and shall prepare rules and regulations with regard to the proper methods of collecting and examining drugs and articles of food. (1882, c. 263, § 5.) 73. Said board may expend annually an amount not exceeding ten thousand dollars for the purpose of carrying out the provisions of this act. (18,82, c. 263, § 5.) 74. Not less than three-fifths of said amount shall be annually expended for the enforcement of the laws against the adulteration of milk and milk products. (1882, c. 263, § 5.) 75. Samples of food or drugs are to be furnished to any officer or agent of the board who applies for the same and offers its value. (1882, c. 263, § 6.) 76. Whoever obstructs such officers is liable to punishment. (1882, c. 263, § 7.) 77. The state board of health shall report annually to the legislature the number of prosecutions made under said chapter, and an itemized account of all money expended in carrying out the provisions thereof. (1884, c. 289, § 2.) 78. An inspector of the state board shall have the same powers and authority conferred upon a city or town inspector by section two of chapter fifty-seven of the Public Statutes with reference to the collec- tion of samples of milk. (1884, c. 289, § 3.) 79. Inspectors of the state board shall have the power and authority conferred upon a city or town inspector by section one of chapter three hundred and eighteen of the acts of eighteen hundred and eighty- six with reference to the collection of samples of milk. They shall also have the power and authority conferred upon inspectors of milk by section twenty of chapter fifty-six of the Public Statutes with refer- ence to the collection of samples of butter, or imitation butter. (1885, c. 352, § 5.) The following statutes relate to certain general duties of the Board which were not included in the preceding digest of laws : — [Pub. Stat., Chap. 4.] Sect. 5. The annual reports which are required by law or custom to be made to the governor and council, to the general court, to the secretary of the commonwealth, or to the governor to be by him trans- mitted to the general court, shall, except when other provision is made, include the year ending on the thirtieth day of September, and be 130 submitted to the secretary of the commonwealth on or before the fifteenth day of October; and whoever wilfully neglects to make and transmit a report as required by this section shall forfeit ten dollars for each day such neglect continues. Sect. 6. Public officers and boards, and managers of public insti- tutions, shall, in addition to their annual reports, make special reports when the public interests require them. Sect. 7. There shall be printed annually, on or before the assem- bling of the general court, or as soon thereafter as possible, the number of copies of documents and reports specified in the following list, the same to be numbered in a series to be called Public Documents, and distributed as herein provided. Said reports shall be made as brief as may be without omitting any facts or information which the officers or departments making them are required by law to furnish therein, and they shall be transmitted to the general court through the office of the secretary of the commonwealth. No larger number of copies than is herein provided for shall be printed at the expense of the common- wealth, or be paid for out of any contingent fund or out of the earn- ings of any department or institution, where such earnings are the property of the commonwealth; and no bill for printing any larger number shall be approved by the auditor or paid out of any funds belonging to the commonwealth. . . . Report of the state board of health five thousand copies. Sect. 8. Five hundred copies of each of the series of public docu- ments named in the preceding section shall be retained by the state printers for binding in sets ; and the secretary of the commonwealth shall furnish one set, in a bound volume with a brief index, to each city or town in the commonwealth, to be preserved in some public place therein, and one set to such public and other libraries as he in his discretion may select. All public documents, the distribution of whicfi is not otherwise provided for, shall be distributed under direc- tion of the secretary of the commonwealth and of the secretaries or heads of the several boards or departments to which they relate. Sect. 10. Each member of the executive and legislative depart- ment, the clerks of both branches of the general court, and each reporter assigned a seat in either branch, shall be entitled to receive one copy of each of the books named in sections seven and nine. Each member of the general court and the clerks of the two branches shall also be entitled to receive . . . seven additional copies of the report of the state board of health. BOARD OF SUPERVISORS OF STATISTICS. [Pub. Stat., Chap. 31.] Sect. 17. The secretary of the commonwealth, the secretaries of the boards of agriculture, of education, and of the state board of health, and the chief of the bureau of statistics of labor, shall constitute a board of supervisors of statistics, who shall serve without pay. A member of said board shall be appointed chairman thereof by the gov- 131 ernor with the advice of the council, aud shall have power to appoint a secretary. The board shall meet regularly at the state house at Least once in each month, and at other times when called together by the chairman. Sect. 18. The board shall have general supervision on all matters relating to the statistics to be gathered and reported by either of the departments represented on the board. Any investigation contem- plated by either of said departments shall, before it is made, be reported to the board, which shall so direct the method thereof as to prevent unnecessary work, and to make plain the presentation of the facts, and shall simplify and abridge, as far as may be, the statistical matter to be presented by any department represented, and, when such matter is germane to that under the care of another department, shall see that such matters are consolidated and presented by one depart- ment only. Sect. 19. A sum not exceeding five hundred dollars shall be allowed said board for annual contingent expenses. Note. — The statutes relative to cattle diseases printed on pages 59 and 60 of this Manual, comprising the sections numbered 154, 155, 156 and 157 (Acts of 1884, c. 232), are practically rendered null and void, no appropriation having been made for their execution since the first year of enactment. INDEX. « INDEX. Page Adulterated bread, statutes relative to 72 Butter, statutes relative to 85-88 Cheese, statutes relative to 86 Chocolate, statutes relative to 92 Drugs, statutes relative to 70 Food, statutes relative to 71 Lard, statutes relative to 88 Liquors, statutes relative to 73 Medicine, statutes relative to 73 Milk, statutes relative to 75-84 Vinegar, statutes relative to 92, 93 Adulteration of Food and Drugs. General laws relative to 70 Prohibited 70 Definition of term " food " 70 Of term "drug" 70 Drugs, how adulterated 70 U. S. Pharmacopoeia the standard of officinal drugs 70 Officinal drugs may be sold as called for, or as their variation is made known to purchaser 70 Food, how adulterated 70 Exceptions 71 Drugs, pharmacopceial standard, change of 71 State board of health to make investigations and appoint officers ... 71 Regulations to be made 71 Appropriations for executing the laws ........ 71 Three-fifths to be expended in enforcing the statutes relative to adultera- tion of milk and its products 71 Samples to be furnished to officers and agents 71 Penalty for obstruction of officers 72 State board to report prosecutions and expenditures 72 Inspectors under act of 1882 to have equal powers with local inspectors . 72 Act of 1882 does not repeal or amend chapter 57 of Public Statutes . . 72 Samples to be sealed for benefit of defendant 72 Penalty for selling corrupt or unwholesome provisions 72 For fraudulently adulterating bread or other food 72 For adulterating liquors 73 For adulterating drugs or medicines . • 73 Sale of poisons to be recorded 73 Penalty for neglect or refusal to show record 73 Labels to be attached to poisons 74 Penalty for neglecting to affix label 74 For giving fictitious name 74 136 Agents and Assistants to Local Boards of Health. Page May be appointed 13, 14 Compensation of 13 Authority of 14 To report to board of health 14 May make complaints 15 Alcoholic Drinks. Effects of, instruction in public schools G5 Analysts, appointed by State Board of Health. Penalty for hindering or obstructing 72 To reserve samples for defendant 72 Their duties specified 94-97 Appeals from decision of analyst 99 Appeal. None lies from adjudication that nuisance exists ' . 17 Party aggrieved by decision of board of health as to wet lands may appeal to superior court 22 In case of damages awarded concerning wet lands may appeal to county commissioners 24 Party aggrieved by assessment may apply for a jury 24 In case of neglect or refusal of board of health to act 26 Notice to be given to opposite party 26 Necessary proceedings 26 Costs and expenses, how paid 26 In case of offensive trades, from order of board of health .... 41 Costs in appeal, in matter of offensive trades 43 In case of offensive trades, from order of state board 45 Of tombs closed by order of board of health . 56 Of land taken for isolation of infected animals 62 From decision of analyst 99 With reference to orders prohibiting pollution of water supplies . . . 119 Appropriation. Boards of health acting under chapter 80, section 28, of Public Statutes, limited to $ 2,000, if no appropriation is made by town . . . . 22 For carrying on work of food and drug inspection 71 Three-fifths to be expended in enforcing laws against adulteration of milk and its products 71 Autopsies, Medico-Legal, Laws relating to. (Sec Medical Examiners.) Barnstable County. Medical examiner districts 105 Bathing. In water supplies prohibited 50 Berkshire County. Medical examiner districts 105 Births, Registration of. (See Registration of Births, Marriages, Deaths, etc.) Board of Health. (See State Board of Health, City Boards of Health and Town Boards of Health.) Bread. Penalty for fraudulently adulterating 72 Bristol County. Medical examiner districts 106 Burial-grounds. (See Cemeteries.) Burials. Not permitted until certificate given 56 Certificate, what to contain 56 To be approved by board of health 56 To be approved by chairman of board of health 56 137 Burials — Concluded. Certificate to be approved by city or town physician To be approved by medical examiner . . . . . Undertakers to be licensed Sepulture, violation of Board of health to regulate Penalty for violating regulations Decisions. (See Decisions of Supreme Judicial Court.) Butter. Spurious, to be marked in wholesale and in retail packages . Fraudulent sales of, penalty Complaints relative to, how instituted Term "butter" defined Spurious butter not to be marked as " dairy " or " creamery " Persons selling from carriages to be licensed . Selling at stores or markets to be registered . Calves under Four Weeks old. Sale of meat prohibited Cases. Belcher v. Farrar, 8 Allen, 327 Brown v. Murdock, 140 Mass. 314 Cavanagh v. City of Boston, 139 Mass. 426 . Commonwealth v. W. N. Alden, 143 Mass. 113 . . Commonwealth v. Bowers, 140 Mass. 483 . Commonwealth v. Boynton, 12 dishing, 499 . Commonwealth v. Carter, 132 Mass. 12 .... Commonwealth v. Evans, 132 Mass. 11 .... Commonwealth v. Fahey, 5 Gushing, 408-411 . Commonwealth v. Farren, 9 Allen, 489 .... Commonwealth v. Goodrich, 13 Allen, 546 Commonwealth v. Haynes, 107 Mass. 194 .... Commonwealth v. Holt, 146 Mass. 38 ... Commonwealth v. Keenan, 139 Mass. 193 Commonwealth v. J. H. Kennison, 143 Mass. 418 . Commonwealth v. C. W. Lockhardt, 144 Mass. 132 Commonwealth v. McCarron, 2 Allen, 157 Commonwealth v. Nichols, 10 Allen, 199 .... Commonwealth v. O'Donnell, 1 Allen, 593 Commonwealth v. Patch, 97 Mass. 221-224 Commonwealth v. Perry, 139 Mass. 198 . Commonwealth v. Raymond, 97 Mass. 567 Commonwealth v. Rowell, 146 Mass. 128 . Commonwealth v. Rumford Chemical Works, 16 Gray, 231 Commonwealth v. Schaffner, 146 Mass. 512 Commonwealth v. Slack, 19 Pickering, 306 Commonwealth v. C. A. Smith, 141 Mass. 135 . Commonwealth v. W. Smith, 143 Mass. 169 t Commonwealth v. F. W. Spear, 143 Mass. 172 . Commonwealth v. Swasey, 133 Mass. 538 .... Commonwealth v. A. Tobias, 149 Mass. 129 Commonwealth v. Welch, 144 Mass. 357 .... Commonwealth v. Young, 135 Mass. 526 .... Grace v. Newton Board of Health, 135 Mass. 490 . Jackman v. Arlington Mills, 137 Mass. 277 . . Martin v. Gleason, 139 Mass. 183 Provincetown, Inhabitants of, v. Smith, 120 Mass. 96 Salem, City of, v. Eastern Railroad Co., 98 Mass. 431-451 138 Cases — Concluded. Page Sawyer v. State Board of Health, 125 Mass. 191-196 .... 40, 43, 45 Somerville v. O'Neil, 114 Mass. 353 45 Spring v. Hyde Park, 137 Mass. 554 29 Springfield, Inhabitants of, v. Inhabitants of Worcester, 2 Cushing, 52 . . 28 Taunton v. Taylor, 116 Mass. 254-261 11, 39-43 Train (S. P.) and another v. Boston Disinfecting Company, 144 Mass. 523 . 36 Vandine, petitioner, 6 Pickering, 187 15 Watertown v. Mayo, 109 Mass. 315-318 44, 45 Watertown v. Sawyer, 109 Mass. 320 . 44 Watuppa Reservoir Co. v. Colin McKenzie, 132 Mass. 71 .... 17, 25 Winthrop v. Farrar, 11 Allen, 398-402 20, 40, 41 Withington v. Inhabitants of Harvard, 8 Cushing, 68 54 Cattle. Contagious diseases among 59 To be appointed 59 Compensation of 59 Removals 59 Vacancies 59 Commissioners to make inquiries relative to abortion 59 May make experiments and exercise other powers 59 May kill sick animals ■ . 60 Appropriation 60 Boards of health to cause infected animals to be quarantined .... 60 Expense to be paid by cities and towns 60 May prohibit departure of animals and appoint agents . . . . . 60 May make regulations, arrest and detain animals 60 Regulations to be recorded and published 60 Penalty for disobedience 61 Notice to be given to board as to diseased animals 61 Penalty for disobedience 61 Board of health to examine suspected animals 61 To inform cattle commissioners 61 Penalty for neglect . 61 Board of health may take land and estimate damages . . . . . 61 Expenses, how paid 61 Owner may recover by action 62 Commissioners may cause infected animals to be killed and buried . . 62 May cause such animals to be appraised and paid for * 62 Certain animals to be killed without appraisement 62 Regulations of, to supersede those of boards of health 62 Powers and authority ■ . . . . . . 62 May establish hospitals or quarantines 62 * May direct boards of health 62 Penalty for non-compliance 63 Reasonable expenses of owner to be paid 63 Prosecutions may be maintained in any county 63 Appraisements to be in writing and certified 63 Carcasses may be inspected and sold, when 63 Commissioners to keep record and report to legislature ^ 63 May administer oaths 63 Certain animals may be seized, quarantined and killed 64 Certain cattle not to be driven on streets 64 Certain cattle to be separated in pens 64 Penalty for violation 64 Repeal of former statutes 64 139 Cemeteries. (See Tombs.) Page Lots in, to be held indivisible 54 One of heirs to represent lot 54 Board of health to regulate . • 54 Regulations, notice of, to be given 55 Penalty for violating regulations 55 Tombs, when and how closed 55 Appeal from order of board 56 To be tried by a jury 57 Decisions. (See Decisions of Supreme Judicial Court.) Cheese. Spurious, wholesale and retail packages to be marked 85 Penalty for fraudulent sale 86 Term " cheese " defined 87 Chemist. State board may appoint 71 May be called to aid medical examiner 112 Chocolate. To be stamped 92 Its sale regulated 92 Grades or qualities specified 92 May be seized if not of required quality 92 City Boards of Health. How appointed and established 11, 12 City council to be, if none appointed H May appoint physician 12 To establish salaries and fees of employees 12 Term of office . 12 Vacancies in office, how filled 12 Members subject to removal 12 Compensation of members 12 Organization of 13 May choose clerk 13 Rules and regulations of . 13 Powers of 13 Agents and assistants of 13 Compensation of agents 13 Reports to city council 13 House drainage, may enforce regulations with reference to ... 14 Legal voters to be notified to vote on certain provisions 14 May contract for garbage disposal 14 In case of severe epidemic cities may appoint a board for emergency . . 14 City physician, how appointed 14 Board of health may appoint agent 14 Powers and duties of agents 15 Retain charge to exclusion of overseers of poor 15 Nuisances, to make regulations respecting 15 To give notice of regulations 15 Nuisances, to examine, prevent, destroy or remove 16 To order owner to remove nuisance 16 Order for abatement, how served 18 Owner failing to comply, board to remove nuisance 19 Unfit dwelling-houses to be vacated 20 May order nuisance removed 20 Injunction, may issue 21 May enter premises to examine 21 Expenses incurred may be sued for 21 140 City Boards of Health — Continued. page Fines to inure to use of towns 21 Wet, rotten and spongy lands, powers over 22 Party aggrieved may appeal to superior couvt 22 Must give notice to board of health 22 Persons injured may apply to board for abatement 22 Board to appoint hearing 23 Form of notice, how served . 23 Board may abate nuisance after hearing 23 Party aggrieved may apply for a jury 24 Return to be made to city or town clerk 24 Superior court may appoint commissioners if board of health refuses to act 24 Persons aggrieved in award of damages may apply for jury ... 24 Refusal of board of health to act ; appeal to county commissioners . . 26 Party appealing to give notice to opposite party 26 Expenses of commissioners, how paid 26 To receive notice from householders of existence of infectious diseases . . 27 To approve mode of disinfection 27 To receive notices from physicians • . . . 27 To keep records of infectious diseases 27 To give notice to school committees , 27 To be provided with blank books for recording cases 27 To notify state board of cases of small-pox 27 Forfeiture of claim for expenses 27 Certificate of recovery of school children required 27 Infected articles, may grant permits to remove 28 Infected persons, may make provision for 28 May prevent travelling 29 Two justices of peace may issue warrant to remove infected persons, under direction of board 30 Justice of peace on application of board may issue warrant to secure infected articles 30 Officers under direction of board may take houses for safe keeping of infected articles 30 Officers under direction of board may break open houses and command aid, 30 Expenses to be paid by owner of goods 30 Town to pay for houses and services 30 Prisoners attacked with dangerous disease may be removed . 30 Return of removal to be made to superior court 31 Towns may establish hospital for infectious diseases 31 Hospitals for persons with dangerous diseases, -subject to orders of . 31 Such hospital not to be established near dwelling-house, etc. ... 31 Physicians, nurses, etc., of hospital to be subject to board of health . . 31 Hospitals for dangerous diseases, board to provide ...... 31 Hospital for dangerous diseases not to be occupied without authority . 31 Flags to be displayed in case of infection 32 Penalty for violating regulations 32 Certain provisions not to apply to small-pox 32 Expenses, how to be paid 32 Town may provide for vaccination, under direction of board . ... 34 Lying-in hospitals, to certify in certain cases 34 To visit 34 Infants taken to board, persons engaged in business to notify ... 35 May enter and inspect house where infants are boarded 35 Quarantine of vessels, may establish 35 May cause suspected vessels to be ordered to quarantine ground ... 36 141 City Boards or Health — Concluded. ' page Offensive trades, places may be assigned for 38 May be prohibited 38 Tombs, to exercise certain powers in relation to 54 Regulations may be made relative to tombs ....... 54 Penalties may be established in relation to tombs 54 Notice of regulations to be published 55 Burial-places, certain powers in relation to 55 Notice to be given to parties interested before closing tombs ... 55 Provision for appeals from order of board of health 56 Appeals to be tried before a jury 56 Certificate of cause of death to be approved by 56 Certificate to be given relative to transportation of dead bodies ... 57 To license undertakers • . . . 57 Penalty for disinterment without authority of board ..... 57 Duties in relation to dangerous diseases of cattle 60-62 In relation to sanitary defects in factories and workshops .... 67 On seizure of diseased meats, etc., by inspector, appeal lies to 89 May seize veal in certain cases 90 May require certain buildings to be connected with sewer . . . . 118 Decisions. (See Decisions of Supreme Judicial Court.) Clerk of Boards of Health. Not to be a member of the board 13 Compensation 13 Color Blindness and Defective Sight. Railroad corporations to examine employees with reference to 65 Complaints. For violation of statutes relative to adulteration of butter and cheese, how instituted 86 CoMrouNDS or Mixtures. Provisions as to 71 Contagious Diseases. (See Dangerous Diseases.) County Commissioners. Appeal to, by persons aggrieved by refusal to abate nuisance .... 26 Party appealing, to give notice to opposite party 26 Costs and expenses of commissioners, how paid 26 Cream. Penalty for sale of milk from which cream has been removed ... 82 Cremation. Disposal of garbage or offal by cremation or otherwise by city or town . . 14 Corporations may be formed for incinerating bodies of the dead ... 58 May hold real estate as approved by state board 58 May make by-laws and rules subject to approval of board .... 58 No body to be cremated within forty-eight hours after death .... 58 Certificate of medical examiner required in addition to usual certificate . 59 Dangerous Diseases. Powers of state board . 10 Pupils affected with, not to attend public schools 28 Householders to give notice of 27 Physicians to give notice of 27 Record of cases to be kept by boards of health 27 Boards of health to give immediate notice of, to school committees . . 27 Record books to be provided for 27 Towns may establish hospitals for 31 Hospitals to be provided by board of health 31 Notice to be given of infected places . 32 Flags to be displayed 32 142 Dangerous Diseases — Concluded. Page Expenses incurred, how paid 32 Persons infected by, may be removed to hospital 32 Transportation of bodies of persons who have died of 57 Dangerous Diseases of Cattle. (See Cattle.) Deaths, Registration of. (See Registration of Births, Marriages, Deaths, etc.) Deaths by Violence. (See Medical Examiners.) Decisions of Supreme Judicial Court. Local Boards of Health, Regulations, etc. Organization of city board of health . 11 Power to make regulations may be exercised by an ordinance . . . 11 Ordinance prohibiting swine keeping is valid 11 Prohibition of offensive trades by ordinance is doubtful 12 Title of city physician to hold office in board of health 12 Nuisances. Keeping of swine may be prohibited by regulation, and the prohibition may apply to the whole or part of city or town 15 Regulation as to removing offal is valid 15 Notice must be given of regulations, but previous notice to parties affected not necessary to be valid 15 No appeal from decision of board of health as to existence of a nuisance . 16 An order of board of health to remove a nuisance in a specific .manner is void, 17 Power of board of health to erect dam to remove nuisance .... 17 City not responsible for damages from work done under authority of illegal votes of council 17 Form of indictment in case of nuisance from piggery 17 Piggery in which large numbers of swine are kept is a nuisance ... 17 Evidence as to custom in other places inadmissible 17 Purpose of serving an order in writing in case of nuisance .... 18 Order should describe nature and locality of nuisance 18 Not intended to dictate method of removal 18 What constitutes sufficient information as to locality and nature of a nuisance, 18 If owner or occupant neglects to remove nuisance, the board may enter and remove it 19 Either the owner or the board may use discretion as to method of removal . 19 Board of health may resort to means which injuriously affect other lands . 19 Proceedings not limited to owner or occupant 19 Action to be brought in name of city or town 20 In suit to recover expenses of removal, party may contest facts as to lia- bility "... 20 Records of proceedings of board are prima facie evidence of existence of nuisance, but not that it was caused by defendant 20 Fines and forfeitures recoverable only in name of treasurer of city or town . 21 City marshal or other officers may prosecute for fines 22 Wet, Rotten and Spongy Lands. Order to remove nuisance under Public Statutes, chapter 80, section 32, is void, if made without previous notice or hearing 24 Right of flowage, etc 25 Power to abate nuisance under Public Statutes, chapter 80, sections 30-32 . 25 Jurisdiction of board under Public Statutes, chapter 80, sections 30-32 . . 25 Assessment cannot be levied on person to whom notice is not given under Public Statutes, chapter 80, section 32 26 Board may act by a committee under Public Statutes, chapter 80, section 32 . 26 If a board has given notice of hearing, it need not give new notice of inten- tion to make assessment under Public Statutes, chapter 80, section 32 . 26 Legality of the adoption of report of committee on assessment of damages under Public Statutes, chapter 80, section 32 26 143 Decisions of Supreme Judicial Court — Continued. Page Infection, Persons sick with Infectious Discsacs, Hospitals, etc. Notice to l>e given to town where infected person belongs before action is taken to recover expenses '28 Form of notice sufficient 28 Authority of board of health in taking possession of dwelling-house under Public Statutes, chapter 80, sections 40, 41, 75 29 Owner cannot maintain action of contract against town for use of house • 29 Authority of member of board of health as to taking possession of dwelling- house and furniture 29 Damages for value of property taken 29 Quarantine. Owner of a vessel in quarantine not liable for expenses of a seaman trans- ferred to hospital by order of board of health 36 Claim of lien for disinfection of rags 36 Regulations of board of health as to rag disinfection not unreasonable . . 37 Not void 37 Board of health may pass regulations without hearing 37 Disinfection may be delegated to third person 37 Offensive Trades. Effect of Public Statutes, chapter 80, section 84, as to assignment of offensive trades 38 Board may prohibit offensive trade without notice 38 Keeping of swine not a trade 39 Order of board, under Public Statutes, chapter 80, section 84, may be con- sidered as a general regulation, and is sufficient if it shows that exercise of such trade is injurious to health 39 Keeping of swine an employment, and board has authority to regulate under Public Statutes, chapter 80, section 84 39 Defendant entitled to notice under Public Statutes, chapter 80, section 84 . 39 Form of order valid under Public Statutes, chapter 80, section 84 . 39 Board of health may regulate as well as prohibit offensive trades ... 40 State board must give notice, local boards may prohibit without notice . . 40 Sufficiency of notice ; 40 Authority of supreme court to restrain by injunction, the board acting in good faith toward interested parties 41 Bill to restrain party, how properly brought and signed 41 Public Statutes, chapter 80, section 89, constitutional 41 Private rights subordinate to public welfare 42 Rights of parties secured by appeal to jury 42 Order of board altered by jury in proper manner 43 Further appeal to superior court and to supreme court 43 Public Statutes, chapter 80, section 92, constitutional 44 Right to continue without license 44 Purpose of law to protect the business and not the building .... 44 Enlargement or extension of buildings 44 Appeal from order of state board as well as from that of local ... 45 Bill to restrain by injunction, how properly brought . . . . 45 Pollution of Rivers and Water Supplies. Petition for an injunction to restrain from polluting water under 1884, chap- ter 154, defence to 48 Landlord liable for acts of tenant in polluting brook 49 No defence that plaintiff* has also polluted brook 49 Reasonable use of land by discharge of water 49 Cemeteries and Burial-grounds. Ordinances of city of Boston as to burials held to be regulations relating to health 22 144 Decisions of Supreme Judicial Court — Concluded. Page Powers of boards of health 54 " Interment " includes removal of bodies 55 Regulation as to appointing undertakers and refusal of latter to give bond . 55 Removal of body not an offence, unless with intent to use and dispose of for dissection 57 Adulterated or Unwholesome Food and Drugs. Criminal knowledge essential under Public Statutes, chapter 208, section 1 . 72 (Milk.) Public Statutes, chapter 57, section 2, constitutional ... 75 Authority of inspector of milk to appoint agent, etc. . . . . . 76 Definition of " sealing " of sample 76 Sufficiency of complaint 78 Criminal knowledge not essential under Public Statutes, chapter 57, section 5 78 Not essential to affirm that milk was cow's milk 78 Agency of seller • 78 Form of indictment 78-80 An expert in use of lactometer may testify to its results in a given case without evidence as to its character 79 Responsibility as to sale of milk under Public Statutes, chapter 57, section 5, 79 Immaterial in what manner the quality has been reduced below the stand- ard (Public Statutes, chapter 57, section 5) 79 Public Statutes, chapter 57, section 9, is constitutional 79, 84 Sufficiency of complaint 78-84 Person not an inspector can make complaint 80 Having in possession and keeping with intent to sell 80 Intent to sell 80, 82 Analyst's right to use memorandum as evidence 81 Sealing of sample 81 Tampering with sample a question of fact for jury 81 Validity of statute 81 Statutes as to reservation and sealing of sample, 1884, chapter 310, section 4, impliedly repealed by 1886, chapter 318, sections 1,3. . . . 81 Evidence that milk was delivered under special contract immaterial . . 82 Inspector may testify as to results of analysis, when 82 No proofs required that defendants were " partners " 82 Motion to quash indictment 82 Not necessary to name quantity of coloring matter 82 Government cannot be required to choose one of two samples ... 82 Addition of coloring matter to milk is punishable whether it be injurious or not . 82 ( Oleomargarine.) Cover of tub removed,' but marked, statutes complied with, 85 (Veal.) Criminal knowledge not essential under first clause of Public Stat- utes, chapter 208, section 2, but essential under second clause ... 87 Defiling and corrupting water supply prohibited 49 Diphtheria. Householder to give notice of 27 Physician to give notice of 27 Pupils affected with, not to attend public schools 28 Transportation of bodies of persons who have died of 57 Disinfection. Approval by board of health 27 Diseases of Human Beings. (See Dangerous Diseases.) Diseases of Cattle. (See Cattle.) Diseased animal or vegetable substance, sale of 71 Product of diseased animal, sale of 71 Milk of sick or diseased cows, sale of 78 145 Page Distilleries, refuse of, milk of cows fed on 78 Disputed analysis 96 Dogs. Licenses to have description of hydrophobia printed upon them ... 38 Drainage. (See House Drainage.) Not to be discharged into sources of water supply 48 Experiments in purification of 53 Systems of, state board to advise as to 53 Tlans of, to be submitted to board 53 Petitions for authority to introduce systems 53 Definition of 54 Drug. Definition of term 70 Drugs. How adulterated, specifications 70 Officinal drugs may be sold as called for, or as their variation is made known to the purchaser 70 Penalty for fraudulently adulterating drugs 73 Not included in U. S. Pharmacopoeia 70, 95 Dukes County. Medical examiner districts 106 Dwelling-houses. Unfit for occupancy, may be vacated 20 Essex County. Medical examiner districts 106 Factories, workshops, etc., inspection of. (See Inspection of Factories, etc.) Fines and Forfeitures. (See Penalties.) How recovered 21 Fish. Sale of tainted or damaged 89 Flags or Signals. Removal from infected places prohibited 32 Food. Adulteration of, prohibited 71 Definition of term " food " 70 How adulterated, specification 70 Fraudulent adulteration of . . . . . . _ . . . . 72 Sale of unwholesome food 89 Provisions of act as to unwholesome food not to be in force unless accepted by city or town . . . . . 91 Search warrants for unwholesome food 90 Franklin County. Medical examiner districts 106 Garbage. City or town may contract for disposal of garbage, refuse and offal . . 14 Hampden County. Medical examiner districts 106 Hampshire County. Medical examiner districts 107 Hospitals*. (See Lying-in Hospitals.) Towns may establish 31 Subject to orders and regulations of board of health 31 Not to be near dwelling-houses 31 Not to l )e occupied without authority ; 31 Inmates shall be subject to board of health 31 Dangerous diseases, board of health to provide for. ...... 31 Regulations of, penalty for violating 32 146 House Drainage. Page Regulations may be established by board of health 14 Town may authorize board of health to make and enforce regulations as to, 14 Householders. To give notice of infectious diseases 27 To disinfect rooms as approved by board of health 27 Penalty for refusal or neglect 27 Hydrophobia. Description of, to be furnished to city and town clerks 38 Ice, Impure. Horses not to be driven on ice of ponds used as water supplies ... 50 Exception as to persons engaged in harvesting ice or hauling logs, etc. . 50 State board may hear parties interested and make orders concerning sale of ice 50 Supreme court may issue injunction to enforce orders 50 Parties may have right of appeal to a jury 50 Imitation butter to be marked on wholesale and retail packages .... 85 Imitation cheese to be marked on wholesale and retail packages .... 85 Infants. (See Protection of Infants.) Infected Persons and Articles. Board of health may permit removal of 28 Infected persons to be removed to separate house ...... 28 Care of 28 Expenses incurred in care of, how paid 28 If cannot be removed, persons in neighborhood to be removed ... 29 Infected persons may be restrained from travelling 29 Warrant may issue to remove infected person 30 To secure infected articles 30 To take up houses, etc. . • 30 Officers may break open house 30 Expenses of securing and purifying, how paid 30 Compensation for houses, etc., taken 30 Prisoners infected to be removed 30 Return of removal to be made to court 31 Injunction. To prevent nuisances 21 To prevent use of building for hospital . * 31 To restrain offensive trades *..... 45 To enforce orders of state board of health in relation to pollution of ice supplies 50 Decisions. (See Decisions of Supreme Judicial Court.) Inquest Laws. (See Medical Examiners.) ' Inquests. (See Medical Examiners.) Inspection of Butter. (See Butter.) Inspection of Drugs. (See Drugs.) Inspection of Factories, Workshops, School-houses ai4d O.ther Public Buildings. Inspectors to be appointed . « 66 Factories to be kept clean and to have sanitary provisions .... 66 Owner or occupant to make proper changes , . 66 Action to recover expenses 66 Inspector to notify boards of health of defects 66 Penalty for violation of acts relative to inspection 67 Factories to be properly ventilated 68 Mechanical ventilation required in case of dusty operations .... 68 Penalty for violation 68 Four weeks' notice requisite" to make changes 68 147 Inspection of Factories, etc. — Concluded. Page Public buildings and school-houses to have proper sanitary provisions . . 69 To be properly ventilated 69 Inspectors to issue orders as to sanitary provisions 69 Penalty for violation 69 Definition of terms used in acts 67, 69 Inspection of Milk. (See Milk and Milk Products.) Inspection of Provisions, and Animals intended for Slaughter. Inspectors to be appointed . * 89 Compensation of inspectors 89 Duties and powers of inspectors 89 Inspectors to seize diseased meats, etc 89 Appeal lies to board of health 89 Veal to be inspected 90 Of calf under four weeks to be seized 90 Search warrants for unwholesome meats, etc 90 Penalty for knowingly selling diseased meats 91 Names of convicted persons and places of business to be published . . 91 Not in force unless accepted by town or city 91 Inspection of Vinegar. (See Vinegar.) Inspectors. State board of health may appoint 71 Thus appointed to have same powers as local inspectors 72 Of milk, how appointed 75 Duties and powers 75 Of provisions, how appointed 89 Duties and powers 89 Of vinegar, how appointed 93 Of milk, to enforce statutes as to vinegar 93 Their duties 93 Interments. (See Burials.) Lard. Statute relative to 88 Licenses. To be issued to persons selling milk from carriages or other vehicles . . 77 To be issued to persons selling oleomargarine from carriages or otherwise . 87 Liquors. Adulteration of, punished 73 Lying-in Hospitals. Selectmen may license 34 Licenses to be for two years, but revocable 34 Subject to visitation by board of health, police and selectmen ... 34 By state board of health, when 35 Penalties for keeping hospital without license 35 Marriages, Registration of. (See Registration of Births, Marriages, Deaths, etc.) Medical Examiners. Certificate of cause of death, when to be made by 57, 58 Their appointment 105 Number to be appointed in each county 105 Associate examiner for Suffolk county 108 Term of office and removal 109 Official bonds 109 Examination of bond by superior court 109 Discharge of surety on bond 10g Breach of condition of bond 109 Salaries and fees .' 109 148 Medical Examiners — Concluded. tage Duties of 110 When to make an autopsy 110 District attorney or other magistrate to be notified, if death was caused by violence 110 Inquest, when to be held Ill Witnesses may be summoned Ill Justices to report when, where and how, deceased came to his death . . Ill Witnesses may be bound over in certain cases Ill Justices to issue process for arrest of person charged with commission of offence Ill Inquest may be ordered by district attorney or by attorney -general . . 112 Chemist may be called to aid examination 112 Disposal of body 112 Compensation for services in landing body 112 To take charge of money or other property found on or near the body . . 113 Penalty for neglecting to give up property 113 Accounts to be rendered and audited 113 Fees of trial justices for services at inquests 113 Section 17 of chapter 84, Public Statutes, amended 113 Fees of medical and other witnesses 113 To make returns to secretary of state 114 Fees for recording and making returns 114 Penalty for refusal or neglect 114 Secretary of state to furnish blank books and forms for record . . . 114 To cause returns to be bound and results to be published . . . . 114 Medical examiner to file a report of autopsy with district attorney and certify as to its necessity 114 District attorney shall examine reports and state opinion as to necessity of autopsy 115 Medical Societies. Not to confer degrees except as authorized by legislature .... 65 Penalty for violation 65 Medicine. Adulteration of 73 Middlesex County. Medical examiner districts 107 Milch Cows. Garbage and offal not to be fed to 82 Milk and Milk Products. Three-fifths of general appropriation for inspection of food and drugs to be expended in enforcing statutes as to milk 71 Inspectors, appointment of 75 Duties and powers of . . 75, 84, 86, 93 Of inspectors of state board 72, 84 Samples to be reserved for the defendants 72, 76 Penalty for imitating or tampering with seal 76 Neglect or refusal to deliver sample 76 No evidence to be received, when 76 Peddlers to be licensed 77 Persons selling milk in stores and markets to be registered .... 77 Penalty for selling adulterated milk 78 Garbage and offal not to be fed to milch cows 82 Vessels from which skimmed milk is sold to be marked .... 83 Standard of skimmed milk 83 Penalties for violation of statutes 76-78, 82, 83 Standard of 83 149 Milk and Milk Products — Concluded. ' Page Publication of names of offenders 84 District courts may try milk cases 81 Inspectors of, to enforce statutes as to butter and cheese .... 86 To enforce statutes as to vinegar 93 Nantucket County. Medical examiner district 107 Norfolk County. Medical examiner districts 107 Notice. Regulations of boards of health to be published 15 Board of health may order nuisance removed without notice, when . . 16 Wet lands, notice of hearing concerning 22 Local board of health may prohibit an otfeusive trade without previous notice, 40 Burial regulations, concerning 55 Tombs, when closed . ' 55 Decisions. (See Decisions of Supreme Judicial Court.) Nuisances Regulations respecting 15 Penalties for violating regulations 15 Regulations to be published 15 To be removed, prevented or destroyed 16 Adjudication of board of health conclusive 17 Removed, how may be 19 Court may order removal 20 Injunction may issue to prevent 21 Board of health may enter premises to destroy 21 Expenses incurred in removal of 21 Wet, rotten and spongy lands deemed a nuisance 22 Persons injured by such nuisance may apply for abatement .... 22 Board of health to appoint hearing 23 Form of notice 23 Board may abate nuisance after hearing 23 Return to be made to town clerk 24 When board refuses or neglects to act the superior court may appoint com- missioners 24 Persons aggrieved by refusal to abate nuisance may appeal to county com- missioners 24, 26 Party appealing to give notice to opposite party 26 Costs and expenses of appeal, how paid . 26 Board of health may grant permit to remove 28 Offal. City or town may contract for disposal of garbage or offal . . . . 14 Offensive Trades. (See Swine-slaughtering Associations.) Places may be assigned for 38 May be prohibited without notice 38 Assignments to be recorded 38 May be revoked by the board of health 38 Form of order prohibiting 39 Assignment may be revoked by court 40 Damages caused, how recovered 40 Orders of prohibition to be served on occupant 40 Appeal allowed from board of health . 41 Business not to be exercised pending appeal 41 Jury may alter order of board of health 42 Costs, how recovered 43 Buildings not to be used for, without permission 43 150 Offensive Trades — Concluded. Page Building used for, not to be enlarged 44 State board of health may prohibit 45 Supreme court may issue injunction to prevent 45 Decisions concerning offensive trades. (See Decisions of Supreme Judicial Court.) Oleomargarine. To be stamped or marked on Avholesale and retail packages .... 85 Persons selling from carriages to be licensed 87 Other persons to be registered 88 Orders. To be in writing 18 How served 18 Form of 18 Decisions as to orders. (See Decisions of Supreme Judicial Court.) Penalties. For violating regulations as to house drainage 14 Violating regulations respecting nuisances 15 Failure to remove nuisance 1G Occupying dwelling-house after order to quit 20 To inure to towns 21 Neglect by householder to give notice of small-pox, etc. . ... . . 27, 117 By physician to give notice 27 Infected persons travelling 29 Refusing to assist officer in case of infected persons and articles ... 30 Establishing hospital without authority 31 Removing flags displayed in infected places ^ 32 Violating regulations in hospitals 32 Neglect to be vaccinated 33 Keeping lying-in hospitals without license 35 Violation of regulations concerning infants taken to board .... 35 Refusing admission to house where infants are boarded 35 Violating quarantine regulations 36 Refusing to obey orders in relation to offensive trades 40 Occupying building for offensive trades 43, 45 Violation of regulations of swine-slaughtering establishments ... 47 Corrupting and defiling water 49 Bathing in water supply 50 Driving horse on ice of pond used for water supply 50 Water boards, etc., failing to make certain returns 52 Burial-grounds, violation of regulations , 54 Burials, violation of regulations 55, 56 For violation of statutes as to transportation of bodies 57 Sepulture, violation of 57 Infected animals, violating orders of boards of health 61 Violating regulations concerning 61-64 For issuing diplomas without authority 65 For violation of statute as to color-blindness 65 For violation of laws relative to sanitation of factories and workshops . . 66 For violation of law as to ventilation of workshops and factories ... 68 For neglecting to comply with orders of inspector of school-houses, etc. . 69 For violating statutes relative to sanitary provisions in workshops and factories 67, 68 For failing to obey orders of inspector relative to public buildings and school-houses 69 For hindering or obstructing an officer, or otherwise violating the statutes as to adulteration 72 For selling corrupt or unwholesome provisions 72 151 Penalties — Concluded. * Ei For fraudulently adulterating bread or other food For fraudulently adulterating liquors For fraudulently adulterating drugs or medicine For violating statute as to sale of poisons 73, For imitating or tampering with seal For selling milk without license For selling milk without registering For selling adulterated milk For feeding garbage and offal to milch cows For selling milk from which cream has been removed For selling skimmed milk not marked For adulterating skimmed milk % . For assisting in violation of law, or hindering or obstructing an inspector or his agent . * 83- Lowcr courts may impose penalties for violation of milk laws For fraudulent sale of butter and cheese For defacing or erasing marks For marking spurious butter as 4< dairy " or " creamery " For failure to be licensed For violation of law relative to lard For neglect to be registered For sale of veal less than four weeks old For sale of unwholesome food For selling poultry not properly dressed For sale of tainted and damaged fish 92 For sale of adulterated vinegar Violation of statute as to vinegar For violation of act relative to sewers 1 For violation of act relative to pollution of water supplies .... 1 PlI AKMAC0PO3IA, U. S. The legal standard of officinal drugs Other pharmacopoeias or standard works on materia medica recognized Provision as to change of standard Physicians. To boards of health How appointed Term of office Salary of . To give notice of small-pox and other dangerous diseases .... In hospitals for dangerous diseases 31, Certificate of cause of death to be given by Physician, city, how appointed Plymouth County. Medical examiner districts I 1 Poisons. Record to be kept by persons selling Penalty for failure or neglect to do so For refusal to show record Labels to be attached, with name of antidote Penalty for neglect to attach label For giving false name by purchaser Pollution of Water. (See Water and Water Supply.) Powers and duties of state board of health 1! Privy Vault. Not to be established in a sewered street without permission of board of health .1 Board may declare vault a nuisance and order its discontinuance . . • 11 152 Prosecutions. Page Certain provisions as to 71 State board of health to report 72 Protection of Infants, i Persons taking infants to board to notify board of health .... 35 Penalty for violating regulations of boards of health 35 Boards of health may enter and inspect houses 35 May establish regulations 35 Penalty for violation of statute, or refusal to admit board of health . . 35 Provisions. Inspectors of, how appointed 89 Seizure of . 89 Board of health to inspect 89 Publication of names of convicted persons 84, 91 Public Buildings. Inspection of. (See Inspection of Factories, etc.) Quarantine. Towns may establish 35 Assent of town to be obtained . 35 May be established by two or more towns ....... 35 Boards of health may establish quarantine of vessels 36 Regulations "... 36 Suspected vessels to be ordered to quarantine ground 36 Penalty for violating regulations 36 Expenses, how paid 36 Railroad Corporations. Statute relative to transportation of dead bodies 103 Record. To be kept by board of health 17 Of dangerous diseases 27 Secretar3 r of Commonwealth to furnish books for 27 Of assignments of places for offensive trades 38 Of land taken by swine-slaughtering associations 46 Of regulations in relation to diseased animals 60 Of land taken for isolation of diseased animals 61 Cattle commissioners to keep records 63 Of sales of poisons 73 Of inspection items 94 Of deaths by violence to be transmitted to secretary of Commonwealth . 114 Registration of Births, Marriages, Deaths, Divorces and Returns of Medical Examiners. City and town clerks to record births, marriages and deaths .... 98 Parents and others to give notice of births and deaths 98 Physicians to certify deaths . 99 Penalty for neglect or refusal to certify 99 Sextons, undertakers and others to make returns to city and town clerks . 99 Burial or removal of body forbidden till certificate has been given . . 99 Undertakers, how licensed 100 Physicians to return monthly lists of births 100 Clerks to give notice that they will furnish blanks 100 Penalty for neglecting to report 100 Clerks to send copies of records to secretary of Commonwealth ... 100 Record to be evidence in legal proceedings 100 Fees of clerks and registrars 100 Penalty for refusal or neglect to record 101 Superintendent of state almshouse to make records 101 Clerk of town in which state almshouse is located exempt from certain duties, 101 153 Registration of Bikths, MAB.flA.GES, Deaths, etc. — Concluded. tage Secretary of Commonwealth to furnish blank books and forms ... 101 To cause returns to be bound and to report results 101 Registrars may be chosen by certain cities and towns 102 Secretary to prosecute for penalties 102 Cities and towns may make and enforce rules and regulations . . . 102 Clerk or registrar to make certified copies of certain facts for other cities and towns 102 Physicians to certify primary and secondary causes of death in case of veterans 102 Railroad corporations and others not to carry certain bodies without proper precautions and permit from health authorities 103 Persons performing marriages to keep records and make returns ... 103 Record of marriage to be evidence of the same 103 Certificate from consul to be evidence 103 City or town may cause its record to be copied 103 Returns of statistics of divorce to be made to secretary of state ... 104 Secretary to furnish blanks 104 To prepare and publish registration report 104 Medical examiners to make returns to secretary of state . . . . 114 Fees for recording deaths by violence 114 Penalty for neglect 114 Secretary to furnish blank books and forms 114 To publish the results . . . . . 114 Reports. Of state board of health 9, 52, 72 Of city boards 13 Of cattle commissioners 63 Monthly and annual, to be made by analyst 96 Rivers. (See Water and Water Supply.) Rules and regulations as to inspection and analysis ....... 94 Samples. To be furnished to officers or agents of board 71 Of food and drugs to be sealed for benefit of defendant 72 Of milk products to be sealed for benefit of defendant 75, 86 To be kept in a secure place 95 To be numbered 96 Portion to be reserved for defendant 96 Scarlet-fever. (See Diphtheria.) School Committee. Not to allow pupils ill with infectious disease at school 28 Not to allow unvaccinated children at school 34 School-houses, Inspection of. (See Inspection of Factories, Workshops, etc.) Schools, Public. Instruction in physiology and hygiene, and effects ' of stimulants and narcotics, required in 65 Seal. Imitating or tampering with, prohibited 76 Search Warrants. For unwholesome food 90 Secretary of Commonwealth. To furnish blank books for recording infectious diseases .... 27 Secretary of State Board of Health. To be elected by board . 9 Duties of 9 Not to be a member ex officio of board 9 Board may elect secretary pro tempore 9 154 Secretary of State Board of Health — Concluded. Page To transmit copy of notice of cases of small-pox to state board of lunacy and charity 27 To supply a description of hydrophobia to city and town clerks ... 38 To direct the inspection of food and drugs 94 To direct the analysis of food and drugs 95 To deliver samples to analysts 95 To receive reports of analysts 96 To deliver portion of reserved sample to defendant or his attorney . . 96 To submit cases for prosecution 96 To receive deposit in disputed cases 96 To receive appeal from decision of analyst 97 To receive and report on standard of strength 97 Seizure. Of provisions 89 Sewage Disposal. Sewage not to be discharged into water supply . . * . . . . 48 State board of health to conduct experiments relative to sewage disposal . 53 To consult with and advise certain persons and manufacturing corpora- tions as to sewage disposal 53 Outlines of plans of sewage disposal to be submitted to state board of health, 53 Legal definition of " sewage " 54 Cities and towns may purchase land for sewage disposal with approval of state board of health 117 Sewerage. State board of health to consult with and advise authorities of cities and towns as to systems of sewerage 53 Petitions to legislature as to systems of.sewerage to be accompanied with advice of state board . 53 Sewers. City boards of health may prepare and enforce regulations relative to . . 14 Town board of health may be authorized to regulate connection of houses with sewers 14 Cities and towns may contract with other cities and towns to build sewers . 48 State board of health to recommend legislation and plans for systems of sewers 52 Vaults not to be established without authority on streets having sewers, under certain conditions 116 Buildings to be connected with sewer when required by board of health . 118 Skimmed Milk. Vessels or cans to be marked when used for sale of 83 Standard of 83 Slaughter-houses. (See Offensive Trades.) Small-pox. (See Dangerous Diseases.) Powers of state board of health 10 Householders to give notice of 27 Physicians to give notice of 27 Local board of health to notify state board 27 Secretary of state board to transmit copy to board of lunacy and charity . 27 Forfeiture in case of neglect or refusal to notify 27 School committee not to allow pupils sick with small-pox to attend public schools 28 Certain provisions not to apply to 32 Persons infected with, when may be removed 32 Expenses incurred, how paid 32 Patients sick with, not to be sent to state almshouse 33 How provided for . / 30 155 Standard. Page U. S. Pharmacopoeia and other works recognized, how 73 Of milk 83 Of skimmed milk 83 Of vinegar 93 Not fixed 97 Deviation from, how reported 97 State Board of Health. Governor, with advice and consent of council, may appoint .... 9 Of what number to consist 9 Term of office . . 9 Vacancies, how filled 9 To be provided with rooms 9 Meetings 9 By-laws 9 Reports 9 Secretary to be elected by board 9 Duties of secretary 9 Not to be a member ex officio of board * 9 Board may elect secretary pro tempore 9 Salary of secretary 9 Personal expenses of board, how paid 9 Other expenses of board, how paid 10 To take cognizance of interests of health and life of citizens .... 10 To make certain sanitary investigations and inquiries 10 To gather and diffuse information on such matters 10 To advise the government as to the location and sanitary conditions of public institutions . ■ 10 Contagious diseases, duties in case of 10 Concurrent powers with local boards 10 To be notified by local boards of cases of small-pox 27 To visit and inspect lying-in hospitals 34 To hear parties relative to nuisance from offensive trades .... 45 May order persons to cease and desist from carrying on such trades . . 45 Penalty for non-compliance 45 To approve the taking of land by swine-slaughtering associations ... 46 To approve plans for buildings to be used by swine-slaughtering associations, 47 To establish regulations for business of swine-slaughtering associations . 47 May hear complaints and make orders concerning the sale of impure ice . 50 "Water boards and companies to make certain returns to 50 To publish triennial returns 50 To furnish blanks to water boards, etc 50 To have oversight and care of inland waters 52 May employ engineers, clerks and assistants 52 To report its doings 52 To recommend legislation and plans of sewerage 52 To examine waters used for domestic purposes 53 To recommend measures to prevent pollution 53 To conduct experiments as to drainage of manufacturing establishments . 53 May employ experts ,53 To consult with authorities of cities and towns, firms and individuals as to water supply and sewerage 53 To consult with persons and corporations as to sewage disposal to prevent pollution of water supplies 53 Authorities of cities and towns, etc., to give notice of intentions and to submit plans relative to water supplies and disposal of drainage and refuse 53 156 State Board of Health — Concluded. Page All petitions to the legislature for authority to introduce water supplies and sewerage systems to be accompanied with a copy of the advice of the board 53 To bring cases of neglect to notice of attorney-general 53 Location and plans of crematories to be submitted to board .... 58 To take cognizance of interests of public health relative to sale of food and drugs 71 To make inquiries relative to sale of food and drugs 71 May appoint inspectors, analysts and chemists 71 May expend money for carrying out provisions of act 71 To report prosecutions and expenditures 72 Rules and regulations of 94 May approve the taking of land in cities and towns for sewage disposal . 117 May hold public hearing relative to the same 117 To give notice of hearing 117 To have general supervision of streams and ponds and their tributaries used as sources of water supply 118 To have authority to examine and inquire as to pollutions and their causes 118 To receive complaints from city and town authorities as .to pollution of streams and ponds used as sources of water supply 118 To appoint hearings with reference to the same 118 To give notice of such hearings 118 May prohibit deposit of polluting material 118 May order the offender to desist and remove such material . . . . 118 Prohibition of use of structure conditional 119 Shall not prohibit agricultural use of soil if human excrement is not used . 119 Provision for appeal 119 Order of board to be complied with pending appeal 119 Verdict of jury, how enforced 119 Court may enforce orders of state board of health 120 Penalty for violation of law 120 This statute does not impair or repeal existing laws as to pollution . . 120 Hearings to be held in city or town where nuisance is alleged to exist . 120 Exceptions as to certain streams 120 Summary of powers and duties 121 Printing and distribution of reports 129, 130 Statistics, Supervisors of, Board of. (See Supervisors of Statistics.) Suffolk County. Medical examiners 108 Supervisors of Statistics, Board of. Law relating to . . . 130 Swine-slaughtering Associations. Corporations may be formed 46 May take land with approval of state board 46 Liability for damages . 46 Damages, how assessed 46 May carry on slaughtering business 47 Buildings to be approved by state board 47 Business to be regulated by state board 47 Each member may slaughter 47 Penalty for violating regulations 47 Tomrs. (See Cemeteries.) Board of health to exercise certain powers 54 May be closed by board of health 54 Penalties may be established by board of health 54 157 Tombs — Concluded. i-agi Notice to be given before closing 5i Appeal lies from order of board 51 Appeals to be tried by jury 5! Town Boards of Health. How chosen II Of what number to consist li May choose a health officer li Selectmen to be, if none chosen li Vacancies, how filled 1 May appoint physician IS May establish salaries and fees of employees 15 May be authorized to regulate house drainage 14 May contract for disposal of garbage 14 May appoint agent 14 Powers and duties of agents lc Shall retain charge in certain cases to exclusion of overseers of poor . 1 1" May appoint agents If Nuisances, to make regulations respecting It To publish regulations L Nuisances, to destroy, remove or prevent 1. To order owner or occupant to remove nuisance ll Order for abatement, how served 18 Own^r failing to comply, board to remove nuisance 19 Unfit dwelling-houses may be vacated 20 May order nuisance removed 20 Injunction may issue 21 Expenses incurred recoverable 21 Fines to inure to use of towns 21 May enter premises to examine 21 Wet, rotten and spongy lands, powers of board over 22 Party aggrieved may appeal to superior court and must give notice to board of health 22 Persons injured may apply to board for abatement 22 Board of health to appoint a hearing 23 Form of notice, how served 23 Board after hearing may abate nuisance 23 Damages, how assessed 23 Party aggrieved may apply for jury, but must give notice .... 24 Return to be made by board 24 Superior court may appoint commissioners if board refuses to act . . 24 Persons aggrieved at award of damages may apply for a jury ... 24 Appeal to county commissioners in case of refusal of board to act . . 26 Party appealing to give notice to opposite party 2G Expenses of commissioners, how paid 26 To receive notices from householders of existence of diseases dangerous to health .............. 27 To approve methods of disinfection 27 To receive notices from physicians of dangerous diseases .... 27 To keep records of such reports 27 To give immediate information to school committees 27 To be provided with blank books for such records 27 To notify state board of cases of small-pox 27 Penalty of neglect or refusal to notify state board 28 Nuisances, infected articles or sick persons, may grant permits to remove . 28 Certificates of health required on recovery of scholars from small-pox, etc. . 28 Infected persons, may make provision for 28, 29 158 Town Boards of Health — Continued. Page Infected persons may be restrained from travelling 29 Two justices of peace may issue warrant to remove infected persons under direction of board 30 Justice of peace on application of board may issue warrant to secure infected articles 30 Officers under direction of board may take houses for safe keeping of infected articles 30 Officers under direction of board may break open houses and command aid, 30 Expenses to be paid by owner of goods 30 Town to pay for houses and services of men 30 May order removal of prisoners infected with dangerous disease ... 30 Return of removal to be made to superior court 31 Towns may provide hospitals for infectious diseases « 31 Hospitals for persons with dangerous diseases subject to order of board . 31 Such hospitals not to be near dwellings in adjoining towns .... 31 Not to be occupied without authority 31 Physicians, nurses, etc., to be subject to hoard of health . . . . 31 Hospitals for persons with dangerous diseases to be provided by board . 31 Flags to be displayed in case of infectious diseases 32 Penalty for violating regulations as to hospitals 32 Certain provisions not to apply to small-pox 32 Expenses, how to be paid 32 Small-pox patients not to be sent to state almshouse . . . . • . 33 Towns may provide for vaccination under direction of board of health . . 34 To certify in case of lying-in hospitals 34 To visit lying-in hospitals 34 Persons taking infants to board to notify board . 35 May enter and inspect houses where infants are boarded .... 35 May establish quarantine of vessels 35 Offensive trades, places may be assigned for 38 May be prohibited 38 Assignments to be recorded 38 May be revoked by board of health 38 May be revoked by court 40 A person injured may have an action for damage 40 Orders of prohibition to be served on occupant 40 Board may prevent exercise of. trade 40 Provision for appeal from order of prohibition 41 Trade not to be exercised meanwhile ' 41 Verdict of jury may alter, affirm or annul order of board .... 42 Costs, how assessed 42 Slaughter-houses not to be used without written consent of authorities . . 43 May prohibit the use of tombs by undertakers for purpose of speculation . 54 May close burial-places 54 May make regulations relative to burial-places 54 Penalties may be established for violation of regulations of tombs . . 54, 55 To give notice of regulations 55 Notice to be given to interested parties before closing tombs .... 55 Provision for appeal from order of board of health 56 Appeals to be tried before a jury 56 To approve certificate of cause of death 56 Undertakers to be licensed 57 To give certificates in case of transportation of bodies of persons who have died of contagious disease 57 Penalty for disinterment without authority 57 Duties in relation to cattle diseases 60-62 159 Town Boards of Health — Concluded. Tage Duties in relation to sanitary defects in factories and workshops ... 07 On seizure of diseased meats by inspector, appeal lies to board ... 89 May seize veal in certain cases 90 May require certain buildings to be connected with sewer .... 118 Transportation. Of bodies of persons who have died of infectious disease, how regulated . 57 Undertakers. To be licensed by boards of health of towns, and mayor and aldermen of cities 57 To make returns to city and town clerks 99 Vaccination. Children to be vaccinated 33 Mayor and aldermen may require it 34 Selectmen may require it . . . ' . . 34 Penalty for neglect . 34 Towns to furnish means 34 Inmates of factories and public institutions to be vaccinated .... 34 School committees not to allow unvaccinated children to attend public schools r * K ; • • ■ 34 Towns may make further provisions 34 Vault. {See Privy.) Veal. Regulations as to sale of 90 Penalty for sale of meat of calf less than four weeks old .... 90 Ventilation of Factories and Workshops. (See Inspection of Factories, etc.) Vessels. Board of health may establish regulations concerning nuisances ... 15 May examine and remove nuisances 16 May establish quarantine 35 Vinegar. Sale of adulterated 92 Containing injurious ingredients 92 Appointment of inspectors 93 Compensation of inspectors 93 Inspectors of milk to enforce statutes as to vinegar 93 Sale of adulterated, prohibited 93 Legal standard of - . 93 Penalty for violation of statutes as to 91, 93 Vital Statistics. (See Registration of Births, Marriages, Deaths, etc.) Water and Water Supply. Sources of water supply not to be polluted 48 Cities and towns may unite to protect water supplies 48 Certain rights not to be impaired 48 Certain rivers exempted 48 Penalty for defiling domestic water supply 49 Bathing in water supply prohibited 50 Penalty for driving horse on ice of certain ponds 50 Exceptions to such penalty 50 Boards, commissions and companies to make triennial returns to state board, 50 Forms of returns required ,".1 State board to furnish blanks and recover penalties 52 To have supervision of inland waters 52 May employ engineers, clerks and assistants 52 Shall report its doings 52 Shall recommend legislation 52 160 Water and "Water Supply — Concluded. State board shall examine quality of inland waters for domestic use Shall recommend measures to prevent pollution .... Shall have authority to conduct experiments ...... 53 Shall consult with authorities of cities and towns as to water supply and drainage Shall consult with and advise corporations as to sewage disposal Shall bring cases of neglect to notice of attorney-general . Shall report cases to legislature which call for legislation . Decisions relative to. (See Decisions of Supreme Judicial Court.) Act of 1890 to prevent pollution of State board of health to have supervision of sources of water supply To receive complaints as to deposits of polluting material . To hold hearings May prohibit pollution Prohibition limited 119 Damages to be paid by city or town 119 May be determined by jury 119 Cultivation of soil allowed 119 Appeals, how made • 119 Failure to appeal 119 Orders to be complied with during pendency of appeal 119 Authority of verdict 119 Court may enforce orders of board 120 May restrain by injunction 120 Penalty for violation . . . . • 120 Act not to impair existing provisions 120 Certain rivers excepted 120 Hearings to be held in city Avhere the pollution is alleged to exist ... 120 Wet, Rotten and Spongy Lands. May be deemed nuisances 22 Powers and duties of boards of health 22 Expenditure in such cases limited to $ 2,000, if no appropriation has been made by city or town "... 22 Party aggrieved may appeal to superior court and must give notice to board of health or health officer 22 Nuisances, how abated 22 Proceedings to abate nuisance 22 Damages, and upon whom assessed 23 Return to be made to city or town clerk 24 Board of health refusing to act, party may apply to superior court . . 24 Commissioners may be appointed 24 Appeal to a jury 24 Decisions relative to. (See Decisions of Supreme Judicial Court.) Worcester County. Medical examiner districts 108 Workshops, Inspection of. (Sec Inspection of Factories, Workshops, etc.)