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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 several 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 give notice. 1887, 338, § 3. for 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 writing 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 return of doings to town clerk. P. S., c. 80, § 33. 1868

If board unreasonably refuses

to act, superior

court may appoint commissioners.

42. The board or health officer shall, within thirty days after the abatement of any nuisance in the manner herein before provided, make return to the city or town clerk of its or his doings in the premises, which return shall be by him recorded in the city or town records.

43. If the board or health officer unreasonably refuses or neglects to proceed in the matter of such petition, the petitioner may apply by petition to the superior court or any justice P.S., c. 80, § 34. thereof, who, upon a hearing and good cause shown, may appoint three commissioners, who shall proceed in the manner herein before provided.

* 1868

Persons aggrieved in award of dam

for jury.
P. S., c. 80, § 35.

44. Any person aggrieved by the decision of the board, health officer, or commissioners, in their estimate and award of age may apply damages, may make complaint to the county commissioners for the county at any time within one year after the return to the city or town clerk; whereupon 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.

1868

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.

The owner of swamp-land conveyed to a reservoir company [authorized 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.

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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 complained 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 to 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.

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. 160), upon a person to whom notice of the hearing provided for 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 collection of assessments. The record showed that the report was accepted and the orders and warrants adopted. Held, that the adoption of the report sufficiently appeared.

Grace v. Newton Board of Health, 135 Mass. 490.

Persons aggrieved by refusal of board to abate a

nuisance may

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 comcommissioners. missioners, who may hear and determine the matter of such P.S., c. 80, § 36. appeal, and exercise in such case all the powers which the board might exercise.

appeal to county

1866

Party appealing to give notice, etc. Other proceedings. P.S., c. 80, § 37.

1866

Cost and expenses, how paid.

P. S., c. 80, § 38.

1866

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 recognizance 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.

DISEASES DANGEROUS TO PUBLIC HEALTH; HOSPITALS; INFECTED
PERSONS AND THINGS; CONTAGIOUS DISEASES IN PUBLIC SCHOOLS.

to give notice

diseases.

48. When a householder knows that a person within his Householders family is sick of small-pox, diphtheria, scarlet fever or any of dangerous other disease dangerous to the public health, he shall immediately 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 manner approved by the board of health. Any person neglecting Penalty. P. S., c. 80, § 78. or refusing to comply with either of the above provisions shall 1884, 98, § 1. forfeit a sum not exceeding one hundred dollars.*

give notice.

49. When a physician knows that a person whom he is Physicians to called to visit is infected with small-pox, diphtheria, scarlet fever or any other disease dangerous to public health, he shall 1827 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 more than two hundred dollars.

P. S., c. 80, § 79.

1884, 98, § 2.

50. The boards of health in the several cities and towns Records to be kept. shall cause a record to be kept of all reports received in pursuance 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 commitimmediate information of all cases of contagious diseases re- fied. ported to them according to the provisions of this act.

tee to be noti

1884, 98, § 3.

51. The secretary of the commonwealth shall furnish the Secretary to furnish blank boards of health with blank books for the record of cases of record-books. contagious diseases as above provided.

52. When the board of health of any city or town has had notice of the occurrence of a case of small-pox in such city or town, such board of health shall, within twenty-four hours after 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.

1884, 98, § 4.

Local boards board of cases of small-pox. 1883, 138, § 1. 1886, 101, § 4.

notify State

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.

claim for

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.
1885, 198, § 1.

Board may permit removal of

etc.

Board to make provision for persons infected.

P. S., c. 80, § 40.

notice as required in section one, such city or town shall forfeit its claim upon the commonwealth, for the payment of any expenses which may be incurred, as provided in section eightythree 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 infected articles, removal of any nuisance, infected articles, or sick person, within P. S., c. 80, § 39. the limits of its town, when it thinks it safe and proper so to do. 1816 56. 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 inhabitant of any town, at the charge of the commonwealth.

1797

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 month, 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 Henry 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,

TO THE SELECTMEN OF WORCESTER.

HENRY MORRIS, Chairman.

Inhabitants of Springfield v. Inhabitants of Worcester, 2 Cush. 52.

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