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Selectmen, etc.,

to enforce vac

P. 8., c. 80, § 52.

81. The selectmen and mayor and aldermen shall require cination. Pen- and enforce the vaccination of all the inhabitants, and, when in alty for neglect. 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 revaccinated 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.

1855

Towns to pro

vide means.

82. Towns shall furnish the means of vaccination to such of

P. S., c. 80, § 53. their inhabitants as are unable to pay for the same.
1855
Inmates of
factories, etc.,
to be vaccinated.

1855

83. Incorporated manufacturing companies, superintendents of almshouses, state reform schools, industrial schools, lunatic P. S., c. 80, § 54. 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 previous successful vaccination within five years.

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

hospitals, on certificate, etc. P.S., c. 80, § 56.

84. Each town may make further provision for the vaccination 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.

86.

LYING-IN HOSPITALS.

The selectmen of a town may license any person to license lying-in 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.

1876

Licenses to be

for two years, but revocable.

87. Such license shall continue in force for two years, subP.S., c. 80, § 57. ject, however, to revocation by the selectmen. 1876

88. Every such hospital, hospital ward, or other place shall be Hospitals subject to visitation, subject to visitation and inspection at any time by the board of P. S., c. 80, § 58. health, the chief of police, and the selectmen; and if it receives

etc.

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.

Penalties for

keeping hospital without license. P. S., c. 80, § 59.

Whoever establishes or keeps or is concerned in establishing or keeping a hospital, hospital ward, or other place for 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.

Persons taking

infant to nurse or board to give notice to board

of health.

Power of the

P. S., c. 80, § 60.

90. Whoever engages in the business of taking nursing infants or infants under three years of age to board, or of entertaining or boarding more than two such infants in the same house at the 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 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.

P. S., c. 80, § 61.

91. Whoever violates any of the provisions of the preceding Penalties. section, or refuses admission to such board for said purpose, shall be punished by a fine of not less than fifty nor more than five hundred dollars.

1876

QUARANTINE.

92.

establish a

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. S., c. 80, § 62.

[blocks in formation]

ground.

1756
Two or more
establish a

towns may

common

93. Two or more towns may at their joint expense establish a quarantine ground for their common use in a suitable place either within or without their own limits; but if such place is without their limits, they shall first obtain the assent of the P.S., c. 80, § 63. town within whose limits it may be.

quarantine ground.

Board of health may establish

the quarantine

of vessels.

P. S., c. 80, § 64. 1699

Quarantine regulations to extend to all

persons, etc.,

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 regulations 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

P. 8., c. 80, § 65. visit or go on board of the same.

1816

Penalty for

96.

Whoever violates any such regulation after notice thereviolation after of has been given in the manner before provided in this chapter P.S., c. 80, § 66. shall forfeit not less than five nor more than five hundred 1816

public notice.

Vessels suspected of in

fection to be ordered to quarantine ground.

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 P. S., c. 80, § 67. 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.

1816

Penalty, if master, seamen,

etc., refuse to

answer on oath.

98. A master, seaman, or passenger, belonging to a vessel on board of which any infection then is or has lately been, or is P. S., c. 80, § 68. 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 distemper by the board of health of the town to which such vessel may come (which oath any member of the board may administer), shall forfeit a sum not exceeding two hundred dollars; and if not able to pay said sum, he shall suffer six months' impris

1797

Quarantine

expenses to be

paid by person

or owner.

P. S., c. 80, § 69. 1816

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 transferred 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

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 disinfection 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 contend 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 discharged, 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 Congress "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 regulation 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 pursuance 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.

P. S., c. 102, § 83.

1877

DOGS HYDROPHOBIA.

100. Every license issued to the owner of a dog shall have 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

trades; and

may prohibit them.

1692

OFFENSIVE TRADES.

101. The board of health of a town shall from time to time cising offensive assign certain places for the exercise of any trade or employment which is a nuisance or hurtful to the inhabitants, or danP.S., c. 80, § 84. 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 prohibit 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.

1785

1855

So far as this section extends, the rules and course of proceeding under the common law are superseded, but in all other respects it continues 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 person 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 employments 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 imperatively 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

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