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of Boston, or on board any vessel, or on any island in the harbor of Boston, which they may think necessary; which rules, orders, and regulations, from and after the same have been published in two newspapers printed in the said town of Boston, shall continue in force and be obeyed by all persons, until changed, altered, or repealed by the same board who made them, or by some succeeding board of health. And any person or persons who disobey or violate any such rules, orders, or regulations, so as aforesaid made by such board, shall severally forfeit and pay for such offence, a sum not less than one and not more than fifty dollars, according to the nature and aggravation of such offence.
SECT. 4. Be it further enacted, that the said board of health shall May setze and have power to seize, take, and destroy, or to remove to any safe sions. place without the limits of the town of Boston, or cause the same to be done, any unwholesome and putrid, or tainted meat, fish, bread, vegetable, or other articles of the provision kind, or liquor, which in their opinion, first consulting the physician of said board, or some other reputable physician of the town of Boston, shall not be fit for food and nourishment, and injurious to the health of those who might use the same; and the cost of such seizing, taking, destroying, or removing shall be paid for by the person, or persons, in whose possession the same unwholesome, putrid, or tainted, article shall or may be found.
Sect. 5. Be it further enacted, that the said board of health shall May make rules have power, from time to time, to make and establish all such rules, infected cloth orders and regulations relating to clothing or any article capable of ing, etc. containing or conveying any infectious disease, or creating any sickness, which may be brought into, or conveyed from the town of Boston, or into or from any vessel, or on or from any island in the harbor of Boston, as they shall think proper for public safety, or to prevent the spreading of any dangerous or contagious disease. And all such rules, orders and regulations, so as aforesaid by said board made and established, shall be obeyed by all persons from and after the same have been published in two of the newspapers printed in the town of Boston, and shall continue to be in full force, until altered or repealed by the board who made and established the same, or some other succeeding board; and every person who shall disobey Fines. or violate any of such rules, orders, and regulations, shall forfeit and pay a sum not less than one dollar and not more than one hundred dollars, according to the nature and aggravation of such offence.
SECT. 6. Be it further enacted, that the said board of health shall Quarantine. have power to establish and regulate the quarantine to be performed by all vessels arriving within the harbor of the town of Boston, and P.S. 80, $$ 62–69. for that purpose shall have power, from time to time, to establish, make, and ordain all such orders, rules, and regulations relating to said quarantine as said board shall think necessary for the safety of the public and the security of the health of the inhabitants of the said town of Boston; which said rules, orders, and regulations, so as aforesaid established, made, and ordained, shall be obeyed by all persons, and shall continue to be in force from and after the same shall have been published in two newspapers printed in the town of Boston, until the same are altered or repealed by the said board establishing, making and ordaining the same, or by some succeeding board of health. And said rules, orders and regulations may extend as well to all persons arriving in such vessels, and to their property and effects aboard such vessels, and to all such persons as may visit or go on board such vessels, after their arrival in said harbor of
ton, and to the cargo of all such vessels, as to the vessels themselves, as also to every matter and thing relating to or connected with such
vessel, or the cargo of the same, or to any person or persons going on
tions of said board of health, shall be paid by such persons. Officers ap
Sect. 7. [Be it further enacted, that said board of health shall
physician to said board, who shall reside in Boston, and an assistant
pital island, also an island-keeper, to reside on said Hospital island, R.O. c. 22, $ 16.
boatmen and such other officers and servants as will be necessary to
of all money expended thereon.]
have power to elect and appoint scavengers, superintendents of bury-
SECT. 9. Be it further enacted, that all the powers and duties
of health of the town of Boston, anything in said laws to the conExpenses. trary notwithstanding. [And, for all expenses which may arise in
Vacancies Alled up.
the execution of their duty, the said board of health shall be author. ized to draw upon the town treasurer of the town of Boston; and the accounts of said board, including all receipts and expenditures of money, shall be examined by the committee of accounts annually chosen by said town of Boston for that purpose, who shall report a state of them to the said town accordingly, and the same shall be paid by the treasurer of said town of Boston. And, on the death or resignation of any member of said board of health, the said board may cause such vacancy to be filled by a new election from the ward from which said member was elected, by directing the clerk of such ward to call a meeting of the inhabitants of such ward, qualified to elect a member of the board of health, to meet at such time and place as shall be notified to him by said board ; at which meeting such vacancy shall be filled, and such proceedings be had as are directed in the first section of this act, as to the choice and return and notification of the person elected as a member of said board as aforesaid.] SECT. 10. Be it further enacted, that whenever any prisoner con- May remove
sick prisoners. fined in the gaol in Boston, or within the limits of said prison, shall be attacked with any contagious, malignant, disorder, which in the opinion of said board of health, first having consulted with the physician of said board, or some other respectable physician of the town of Boston, endangers the safety and health of the other prisoners in said gaol, or the inhabitants of said town, and that the suffering such prisoners, so attacked as aforesaid, longer to remain in said gaol, or within the limits of said prison, is not consistent with the public safety, or the health of the inhabitants of said town, or the prisoners in said gaol ; in every such case, the said board of health shall make application in writing to any two justices of the peace, quorum unus, therein stating the facts relative to such case; and the said justices, to whom such application shall be made, shall examine into such case, and, if satisfied that the facts stated are true, shall issue their warrant to said board of health, authorizing and directing them to remove said prisoner, so attacked with such contagious and malignant disorder, to the hospital on Rainsford island, or to some other place of safety, there to remain under the directions of said board, until such prisoner either recovers or dies; and, in case of recovery, then to be returned by said board to the place from which he was taken; and such warrant, so executed by said board, or any member thereof, shall be by them returned, with their doings thereon, into the clerk's office of the court, from which the process for committing such prisoner to gaol shall have issued; and the place to which such prisoner shall be removed by virtue of such order, shall be considered as the gaol of the county of Suffolk ; and every prisoner, removed as aforesaid, for the causes aforesaid, shall not thereby be considered as having committed any escape, so as to prejudice either himself, his bondsmen, or the persons who bad the custody of him in his confinement aforesaid. Sect. 11. Be it further enacted, that the said board of health of Burying
grounds. the town of Boston are hereby authorized and empowered, from time to time, to make and establish rules, orders, and regulations, for the interment of the dead in said town, to establish the police of the 13 Allen 546. burying grounds, appoint and locate the places where the dead may be buried in said town, and cause the places for the deposit of the dead in said town, and the burying grounds, to be repaired and properly enclosed. Also to make regulations for funerals and funeral pro- Funerals. cessions, and appoint all necessary officers and persons to carry the same into effect, and to appoint to them their duties and fees; and shall also have the power to establish such penalties for the violation of any such rules, orders, and regulations, as they may think proper :
5 Cush. 408.
Proviso for pen. provided, no one penalty for any one violation shall exceed the sum
of fifty dollars. And all such rules, orders, or regulations, so, as aforesaid, made and established by said board, shall be obeyed by every person, from and after the same have been published in two of the newspapers printed in Boston, and shall continue in full force, until the same are altered or repealed by the said board who made and established them, or by some succeeding board.
Sect. 12. Be it further enacted, that the said board of health shall have power to grant permits for the removal of any nuisance, infected article, or sick person, within the town of Boston, when they think it safe and proper so to do; and said board, whenever they think justice requires it, may stop, discontinue, discharge or com
promise any suit, complaint, or information, originating under this May prosecute. act. And all fines, forfeitures, penalties, sums to be paid or
recovered, arising under any of the provisions of this act, shall be prosecuted for, by, and in the name of "the board of health of the town of Boston,” by complaint or information by said board, to be made in writing to some justice of the peace within and for the county of Suffolk; which said justice, upon said complaint or information being made to him as aforesaid, shall receive the same, and thereupon issue his warrant, therein reciting the said complaint or information, directed to the sheriff of the county of Suffolk, or either of his deputies, or any constable of the town of Boston, commanding them, or either of them, to summon the party informed against or complained of, to appear before him at a time and place to be named in said warrant, to show cause, if any they have, why they should not pay the sum demanded of them in such complaint or information ; which said warrant shall, by the officer who receives the same, be served on the party informed or complained against as aforesaid, at least seven days before the day in said warrant stated as the day of trial, by giving such party in hand a copy of such warrant, reading the same to him, or leaving a copy thereof at the last and usual place of abode of such party; and if such party shall not appear at the time and place appointed, or, appearing, shall not show sufficient cause as aforesaid, the said justice shall proceed to render judgment in every such case, that the said board of health shall recover such sum in damages, or as tine, as the case may be, as according to the provisions of this act, they ought by law to recover, with costs, and shall proceed to issue his execution therefor, in the same manner as executions issue from justices of the peace in civil cases triable before them; and such executions shall be served and made returnable in the same manner as executions in civil actions are by law served and made returnable, which issue on judgments rendered in the supreme judicial court of this commonwealth : provided, however, that, in all such prosecutions as aforesaid, if the said board of health shall discontinue such prosecution, or become non-suit, or the same, on the merits, should be decided by such justice trying such prosecution, against them, in every such case, the said party informed against and complained of, shall recover his legal costs against said board, which costs shall be paid by the treasurer of the town of
Boston. And in every prosecution under this act, before any justice Appeals.
of the peace as aforesaid, the party complained against in such prosecution, being dissatisfied with the judgment in the same, given by such justice, may appeal therefrom to the Boston court of common pleas, next to be holden at Boston within and for the county of Suffolk, after such judgment is so as aforesaid given or rendered by said justice : provided such appeal be entered within twenty-four hours after such judgment is given as aforesaid ; and the same proceedings in all respects relating to such appeal shall be had as are
Forms of proc. ess.
by law required on appeals from judgments rendered in civil causes by justices of the peace in this commonwealth ; and on the entry of such appeal in the said court, the said court shall have cognizance and jurisdiction of the same, and shall proceed to hear and determine the same in the same manner, and award execution in the same way and manner, as they have cognizance and jurisdiction, [to] proceed to hear, and determine, and award execution in civil causes, on appeals to them from judgments given by justices of the peace in this commonwealth. And in all cases of such appeals or prosecutions under this act, the party prevailing in the said court shall recover his costs, to be paid Costs. in the manner prescribed in this section of this act; provided, however, that no appeal shall be allowed or granted to said court in any prosecution under the provisions of this act, where the amount of the judgment rendered and had before and by any justice of the peace, shall not amount to more than five dollars, exclusive of costs. And all fines and forfeitures recovered by said board of health, under the provisions of this act, shall inure to the use of the inhabitants of the town of Boston, and be accounted for by said board of health, to and with the town treasurer of said town of Boston: and provided, also, Proviso. that, in consequence of said appropriation of said fines and forfeitures, or the appropriation of any other moneys by virtue of this act, no inhabitant of the said town of Boston shall be disqualified as a justice of the peace, a witness, or juror, in any prosecution under this act, nor shall the said board of health, or any member of the same, or any officer of the same, be rendered thereby incompetent witnesses in any prosecution under this act; and the members of said board of health, while they continue in such office, shall be exempted from all Exemptions. militia duty, and every other duty and service, which, by law, the selectmen of towns in this commonwealth are exempted from; and all laws heretofore made relating to a board of health in the town of Boston, so far as they are inconsistent with, or contrary to, the pro- Acts repealed. visions of this act, shall be, and the same are hereby, repealed : pro- Proviso. vided, however, that the election of the present board of health for the said town of Boston, and all their doings under the said laws, are hereby confirmed, and they shall have and exercise all the powers and duties required or permitted by this present act: and provided, Proviso. also, that all prosecutions now pending shall be proceeded in, in the same way and manner, as though this act had never been passed. And, in all prosecutions under this act, the persons prosecuted may May plead the plead the general issue, and give any special matter in evidence under general issue. the same; and the complaint, information, pleadings, or proceedings in any prosecutions under this act, may, by leave of court before whom the same is or may be pending, be amended in any state of such prosecution, without the payment of costs by either party.
June 20, 1816.
AN ACT TO REGU
AN ACT IN FURTHER ADDITION TO AN ACT ENTITLED
LATE THE PAVING OF STREETS IN THE TOWN OF BOSTON, AND FOR
REMOVING OBSTRUCTIONS IN THE SAME.” Be it enacted, etc. :
SECTION 1. That the selectmen of the town of Boston, for the time being, whenever in their opinion the safety or convenience of the Powers. inbabitants of said town shall require it, shall be, and they hereby 1870, 337. are, empowered to discontinue any street, lane, or alley of the said town, or to make any alteration in the same, in part or in whole ;