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moval to be

made to court.

Such removal not an

63. If the person so removed is committed by order Return of reof court or under judicial process, the order for his removal, or a copy thereof attested by the presiding public Statutes, member of the board, shall be returned by him, with the c. 80, § 50. doings thereon, into the office of the clerk of the court 1816. from which the process of commitment was issued. No prisoner so removed shall thereby commit an escape.

be provided by

64. Any town may establish within its limits, and be Hospitals may constantly provided with, one or more hospitals for the towns. reception of persons having a disease dangerous to the c. 80, § 70. public health.

Public Statutes,

1701.

orders of board

65. Such hospitals shall be subject to the orders and To be under regulations of the board, or of a committee of the town of health.

appointed for that purpose.

Public Statutes, c. 80, § 71.

Not to be near

etc.

66. No such hospital shall be established within one dwelling-house, hundred rods of an inhabited dwelling-house situated in Public Statutes, an adjoining town, without the consent of such town.

c. 80, § 72. 1776.

occupied with

67. Whoever occupies or uses a building for a hospi- Not to be tal in a part of a city or town prohibited by the mayor out authority. Injunction. and aldermen or selectmen shall forfeit a sum not exceed- Public Statutes, c. 80, § 73. ing fifty dollars for 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 prevent such occupancy or use.

in hospitals,

of health.

c. 80, § 74.

68. When a hospital is established, the physician, Physicians, etc., nurses, attendants, the persons sick therein, and all per- subject to board sons approaching or coming within the limits thereof, and Public Statutes, all furniture and other articles used or brought there, shall be subject to such regulations as may be made by the board of health or the committee appointed for that purpose.

disease breaks

provide hospi

69. When a disease dangerous to the public health If dangerous breaks out in a town, the board shall immediately provide out, board to such hospital or place of reception for the sick and infected tal, etc. as is judged best for their accommodation and the safety of c. 80, § 75. the inhabitants, which shall be subject to the regulations

Public Statutes,

1701.

Selectmen to give notice of

Public Statutes,

c. 80, § 76.

1792.

of the board; and the board may cause any sick and infected person to be removed thereto, unless his condition will not admit of his removal without danger 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.

70.

When such disease is found to exist in a town, the infected places. selectmen and board of health shall use all possible care to prevent the spreading of the infection, and to give public notice of infected places to travellers, by displaying red flags at proper distances, and by all other means which in their judgment shall be most 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 wilfully 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 persons in hospitals for violating regulations.

c. 89, § 77.

71.

If a physician or other person in any of the hospitals or places of reception before mentioned, or who Public Statutes, attends, approaches, or is concerned with the same, violates any regulation lawfully made in relation thereto, either with respect to himself or his or any other person's property, he shall for each offence forfeit not less than ten nor more than one hundred dollars.

1792.

Certain pro

visions not to

pox.

c. 80, §

72.

The provisions of sections forty, forty-one, seventyapply to small five, seventy-six, and seventy-seven, of chapter eighty, PubPublic Statutes, lic Statutes, so far as they confer authority for the removal of patients from their homes, except in cases of persons residing in boarding-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.

Expenses, how

73. All reasonable expenses which have been heretoPublic Statutes, fore or may hereafter be incurred by the board of health

to be paid.

c. 80, § 83.

of a city or town, in making the provision required by law for a person infected with 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 Commonwealth, in which case the bills therefor shall be approved by the state board of lunacy and charity.

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cause children

Penalty for neglect.

74. Parents and guardians shall cause their children Parents, etc., to and wards to be vaccinated before they attain the age of to be vaccinated. two and revaccinated when the selectmen or mayor Public Statutes, years, and aldermen shall after five years from the last vaccina- c. 80, § 51. tion require it. For every year's neglect the party offending shall forfeit five dollars.

75. 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 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.

Selectmen, etc., cination. Pen

to enforce vac

alty for neglect.

Public Statutes,

c. 80, § 52.

vide means.

76. Towns shall furnish the means of vaccination to Towns to prosuch of their inhabitants as are unable to pay for the Public Statutes,

same.

c. 80, § 53.

factories, etc..

Public Statutes,

77. Incorporated manufacturing companies, superin- Inmates of tendents of almshouses, state reform schools, industrial to be vaccinated. schools, lunatic hospitals, and other places where the poor c. 80, § 54. 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

Chapter 117, section 2, Acts of 1809, provided for "inoculation of the inhabitants with the cow-pox, under the direction of the town board of health, or of a committee chosen for that purpose."

Towns may make further provision for vaccination.

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.

78. Each town may make further provision for the vaccination of its inhabitants, under the direction of the Public Statutes, board of health or a committee chosen for the purpose. c. 80, § 55. The school committee shall not allow a child who

School commit

tee not to allow

unvaccinated

children to

attend public

schools.

Public Statutes,

c. 47, § 9.

Selectmen may license lying-in hospitals, on certificate, etc.

c. 80, § 56.

79. has not been duly vaccinated to be admitted to or connected with the public schools.

LYING-IN HOSPITALS.

80. The selectmen of a town may license any person to establish or keep therein a lying-in hospital, hospital Public Statutes, 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.

Licenses to be for two years,

81. Such license shall continue in force for two years, but revocable. subject, however, to revocation by the selectmen. 82. Every such hospital, hospital ward, or other place ject to visitation, shall be subject to visitation and inspection at any time

Public Statutes, c. 80, § 57. Hospitals sub

etc.

Public Statutes, by the board of health, the chief of police, and the select

c. 80, § 58.

Penalties for keeping hospital

Public Statutes,

c. 80, § 59.

men; and if it receives in a year more than six women as patients in labor, it shall also be subject to like visitation and inspection by the state board of health.

83.

Whoever establishes or keeps or is concerned in without license. 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 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.

board,

infants to nurse or board to give notice to board

Power of the
board.
Public Statutes,

84. Whoever engages in the business of taking nurs- Persons taking ing infants or infants under three years of age to or of entertaining or boarding more than two such infants of-health. in the same house at the same time, shall, within two days after the reception of every such infant beyond the first c. 80, § 60. two, give written notice to the board of health of the city or town where such infant is so to be entertained 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.

Public Statutes,

c. 80, § 61.

85. Whoever violates any of the provisions of the Penalties. preceding 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.

QUARANTINE.

establish a

ground.

86. A town may establish a quarantine ground in a Towns may suitable place either within or without its own limits; but quarantine if such place is without its limits, the assent of the town Public Statutes, within whose limits it may be established shall be first obtained.

towns may

c. 80, § 62. 1756. 87. Two or more towns may at their joint expense Two or more establish a quarantine ground for their common use in a establish a suitable place either within or without their own limits; quarantine but if such place is without their limits, they shall first Public Statutes, obtain the assent of the town within whose limits it may be.

common

ground.

c. 80, § 63.

may establish

of vessels.

88. The board of health in each seaport town may Board of health from time to time establish the quarantine to be performed the quarantine by vessels arriving within its harbor, and may make such Public Statutes, quarantine regulations as it judges necessary for the health and safety of the inhabitants.

c. 80, § 64.

1699.

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