CHAP. 29.

CHAPTER 29.

OF BOARDS OF HEALTH AND INFECTIOUS DISEASES.

to be made by

1. The Governor in Council may from time to time Sanatory orders make sanatory orders and the same revoke, renew, alter, the Governor in or vary, for the prevention of infectious or contagious dis- Council. eases, for the relief of persons suffering thereunder, and for the interment of persons who may have died thereof; and such orders may be enforced by penalties therein expressed, not to exceed four hundred dollars for any one offence, and shall be notified by proclamation or be published in the Royal Gazette; and the production of any such proclamation or publication shall be evidence of the making, date and contents of such order.

Health, how

2. The Governor in Council may appoint in any place Boards of or district in this Province a Board of Health for carrying appointed. such sanatory orders into effect; and may prescribe the other duties of such boards; and in case of vacancies therein may fill the same by new appointments; and shall prescribe the limits of the district within which each such board shall exercise its powers.

by sessions.

3. The Courts of General or Special Sessions through- Health wardens out the Province, and the City Council in the City of Hal- to be appointed ifax, may from time to time appoint health wardens for the said City and for the several townships and districts, who in the day time enter and examine all houses, buildings and places, and all vessels and boats, and report their condition to the Boards of Health. They shall carry out Their duties. all orders of any such board for cleansing any house, building, place, vessel or boat, or for the preservation of public health, the maintenance of cleanliness, and the prevention of contagion or infection. In case the General or Special Sessions or the said City Council shall not appoint such health wardens the Board of Health shall appoint them.

4. Any such board may by order in writing cause any Powers of board. house, building, place, vessel or boat to be fumigated or otherwise purified, and may cause anything dangerous to the public health to be removed or destroyed, when ne

cessary.

accept office;

duct; duration

5. If any health warden upon being notified of his Fine for warappointment shall refuse to accept the office, or when den's refusal to accepted shall refuse to discharge the duties thereof or to and for misconcomply with any sanatory orders to him communicated, he of appointment, shall forfeit twenty dollars, and another shall immediately be appointed in his place; but no appointment of health warden shall continue for more than one year, nor shall any person be bound to serve oftener than cnce in four years.

&c.

CHAP. 29.

Cases of plague or imminent danger, how provided against.

Powers as re

sick persons, &c.

6. If any infectious plague, disease or distemper shall have been introduced, or there shall be imminent danger of its introduction into any place, the Board of Health shall assemble and make sanatory orders as occasion may require, with penalties as in the first section mentioned, and may appoint persons to enforce the same; and thereupon copies of such orders shall be forthwith transmitted to the Provincial Secretary's office, and the same, until altered or amended by the Governor in Council, shall continue in force.

7. Any Board of Health may order to be removed from gards removal of any dwelling-house or other place any person sick with any contagious or infectious disease to any house or place proper for that purpose; and if any person be sick with contagious or infectious disease in any house or place, and such person cannot be removed without danger to his life -to be certified by a duly qualified medical practitionerthen the Board of Health may cause such house or place or any contiguous house or place to be vacated by other occupants, for such time as the Board shall deem necessary for the safety of the public.

General vaccinations, how ordered and provided for.

Returns of poor persons vaccinated; remuneration.

Penalty for bringing infected persons into Province.

Flag to be displayed on

infectious dis

8. The general or any special sessions, consisting of not less than seven magistrates, or the City Council of Halifax on requisition from the Board of Health, or whenever they think it necessary, may order a general vaccination in any county or any part thereof, and may make orders for providing for the expense of the vaccination of such poor and indigent persons as are unable to pay therefor.

9. All persons who shall vaccinate the poor and indigent, as above, shall return to the grand jury and sessions or to the City Council along with the particulars of their accounts duly attested to, the names and ages of the persons vaccinated, and the dates of their vaccination; and such accounts when examined and allowed shall be assessed for and paid as other county or city charges are.

10. Any person who shall knowingly bring into this Province any person sick of any infectious or contagious disease dangerous to the public health, without permission from a board of health in the county where brought, or who shall knowingly land in any part of the Province any person so sick, from any vessel or ship, without such permission, shall be fined in a sum not less than one hundred nor more than four hundred dollars.

11. Whenever any person shall become sick of smallhouse in case of pox or malignant cholera in any dwelling-house, vessel, or other place in any city, town, or district, it shall be the duty of the proprietor or other person in charge or pos session of such house, vessel, or place, to display in some

ease.

conspicuous place therein a yellow flag, not less than twelve CHAP. 30. inches square, and to keep the same displayed during the prevalence of any such infectious disease. All expenses in carrying into effect the objects herein expressed shall be borne by the respective boards of health in such city, town, or district.

board to be

12. The reasonable expenses already incurred, or here- Expenses of after to be incurred, by any Board of Health, in carrying county charge. out the provisions of this Chapter, shall be a county or district or city charge, and shall be assessed by the justices in session and levied and collected in the same manner and at the same times as the ordinary county rates.

violating

13. Every person violating any provision of this Chap- Penalty for ter, or disobeying any sanatory order made thereunder, visions of Chapshall incur a penalty not exceeding four hundred dollars. ter.

CHAPTER 30.

OF NUISANCES.

tors, how ap

tion of office;

1. The General or any Special Sessions may by order Health inspecappoint health inspectors and define the limits of their pointed; durarespective jurisdictions, and may fix the time, not to ex- limits of jurisceed one year, for which such appointment shall be in diction. force. Within the limits of the jurisdiction of commissioners of streets the commissioners shall exercise such powers instead of the Sessions. All such inspectors shall be sworn into office.

stituted.

spectors.

2. Every board of health, and in places where none Court, how conexist three or more health wardens, and where neither exist a General or Special Sessions shall constitute a court under this Chapter, and all orders by the court shall be forthwith executed, notwithstanding any appeal therefrom. 3. Health inspectors for the purposes of this Chapter Powers of inshall have charge of all streets, highways, passages vessels, wharves, docks, wells, markets and market places, common sewers, drains, vaults, privies, and other places, and shall cause all nuisances and filth to be removed therefrom or destroyed, and may open and enter all places where noxious substances dangerous to the public health may be reasonably suspected to exist; subject nevertheless to the control of the commissioners of streets, if any there be, in all things relating to public streets, sewers and drains within their jurisdiction, and to the control of the special court in all other matters.

СНАР. 30.

Duties of in

spectors.

Their compen

provided.

4. Health inspectors shall execute and enforce all sanatory orders to them directed under this Chapter, or the several chapters relating to infectious diseases and rabid animals.

5. Every health inspector shall be entitled to such sation and how adequate compensation for his services and for charges incurred about his duties as the justices in session or special court shall allow; and, after deducting any sum collected and received under this Chapter, the balance if any due him, together with all other necessary charges and expenses incurred under this Chapter, shall be added to the apportioned assessment upon such district or place, and assessed and levied thereon exclusively, and collected as the county

Dwelling houses

and their conve

for not providing.

rates now are.

6. Every dwelling house within the City of Halifax, or niences; penalty elsewhere within the limits of a health inspector, shall be furnished with a suitable underground drain for carrying off waste water; also with a suitable privy and underground vault attached thereto; and the owner of such dwelling house who shall neglect to provide the same shall forfeit a sum not exceeding twenty dollars.

Privies and

constructed.

7. All privies and vaults shall be built so that the inside vaults, how to be shall be at least two feet from the line of the adjoining lot, unless by consent of the owner thereof in writing, and shall be at least two feet distant from every street, lane, court, square, public place, or public or private passage way. There shall be no communication between a privy and any public sewer or drain. Every vault shall be tight, and the contents shall not be allowed to be within two feet of the surface of the ground: but the special court may give other instructions relative to their construction.

Privies and

vaults, how

offensive.

8. When any privy or vault shall be reported offensive cleansed when by the health inspector, the same, within a reasonable time after notice in writing to that effect given to the owner or his agent or the occupant of the land where situate, may be ordered by the special court or health warden to be cleansed and disinfected at the expense of the owner, agent or occupant; and, in case of neglect, the same shall be done under the orders of the health inspector, who shall recover double the expense from the owner, agent or occupant, as a private debt.

Privies and

vaults, how and when to be emptied.

Waste water,

how disposed of.

9. No vault or privy shall be emptied without a permit from the health inspector where such is appointed, and in no case between the fifteenth day of June and the fifteenth day of September unless by order of the special court, and then only in cases where it is absolutely necessary,

10. All waste water shall be conveyed through drains underground to a common sewer, or to such reservoir as the health inspector shall appoint.

vacated when

11. When it shall appear to the special court that any CHAP. 30. tenement used as a dwelling-house is so unfit for that Dwelling purpose that the public health is endangered thereby, the houses, how court may make an order in writing for its being vacated public health within a reasonable time to be therein prescribed; which endangered. order shall be served upon the inmates or left at such dwelling-house; and, in case of disobedience thereto or of a re-occupation of the dwelling-house without a permit to that effect, the court may direct a warrant to the Sheriff or constables or health inspectors to enforce compliance with the terms of such order.

cint lots, how

12. Whenever it shall appear to the special court that Cellars and vaany cellars, lots or vacant grounds are in a state likely to cleansed. endanger the public health they shall cause à notice to be given to the owners or the occupants if any, and, it there are no occupants and the owners do not reside within the jurisdiction of the court, may give notice by advertisement in one or more public newspapers, if any be there printed, or by posting the same, publicly requiring such owners or occupants to remove such cause of complaint as in such notice prescribed; and in case of neglect the court shall order the same to be removed, and double the expense shall be recovered by the health inspectors from the owners or occupants of the land.

ter, penalty for

13. No person unless specially licensed in that behalf offensive matshall put in any place on land or water any offensive matter allowing: how or thing likely to endanger the public health, under to be removed. penalty not exceeding twenty dollars for each offence; and, if any person shall suffer any such matter or thing to remain upon his premises after notice in writing requiring him to move the same, the health inspector may remove the same under the direction of the special court and at the charge of the owner or occupant of such place, and may recover double the expense as a private debt.

mike orders for

sive substances.

14. Any justice on the oath of one witness, may make Justice may. an order in writing for the removal, burial, or destruction, removing or deof any offensive substance being or likely to become a stroying offennuisance in any place or in any boat or vessel, and may direct the same to be done by the party occasioning the offence, or by any other party whom the justice shall appoint; and the expense shall be recovered as in the order prescribed.

of unwholesom

15. No person shall sell, or offor for sale, or have in his Penalty for sale possession in a public or private market or any other place food. for the purpose of sale, any unwholesome, stale or putrid article of fond, under a penalty not exceeding forty dollars; and any such article may be forthwith seized and destroyed by the health inspector.