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R. S. 3060-3063

[Buildings at Stations, How Constructed.]

3060. The buildings to be erected at the quarantine station shall consist of, at the station on the Mississippi river, two separate buildings, as hospitals for the sick, of a small house as residence for the officers appointed under this act, and of a well ventilated store for the reception of the freight of such infected vessels as the resident physician shall deem necessary to cause to be unloaded.

The buildings at the Rigolets shall be constructed of wood, and consist of a hospital for the sick, and of a store for the freight of vessels or steamboats ordered to be unloaded.

At the Atchafalaya station a good shed shall be provided for the freight of vessels ordered to be unloaded. The Board of Health shall receive the transfer of such land as may be necessary at the Rigolets on the Atchafalaya river, in the same manner and under the same conditions as are required by section three thousand and thirty-three; and all plans, specifications and contracts for the above buildings shall be submitted to and approved by the Governor of the State; provided, that the cost of said buildings shall in no case exceed the amount appropriated.

[Board Declared a Body Corporate.]

3061. The Board of Health and its successors is hereby created a body corporate, under the name of the Board of Health of the State of Louisiana, to sue and be sued under that title.

[Powers of Incorporated Towns.]

3062. The authorities of incorporated towns and cities are authorized to enact ordinances to protect them from the introduction of contagious and epidemical diseases.

[Powers of Police Juries.]

3063. The police juries shall have power to enact ordinances and regulations, not inconsistent with the laws and Constitution of the United States, or of this State, to protect their respective parishes against the introduction of all and every kind of contagious or epidemical diseases.

R. S. 3063-Act 192, 1898

ORGANIZATION OF STATE, PARISH AND MUNICIPAL

BOARDS OF HEALTH.

Act 192, 1898, p. 437.

AN ACT to carry into effect Article 296 of the Constitution of the State of Louisiana, in relation to Boards of Health; to protect and preserve the public health; to provide for the establishment and organization of a State Board of Health, and parish and municipal Boards of Health; to define the powers, duty and authority of said Boards; to provide for the appointment or election of officers and employees thereof and for the fixing of the salaries of the said officers and employees of said board; to authorize the State Board to prepare and promulgate a sanitary code for the State of Louisiana, and fixing penalties for the violations of the provisions thereof; to provide for a general sanitation of the State and a local sanitation of parishes and municipalities; to authorize the regulation of the isolation of cases of infectious and contagious diseases, and a maritime and land quarantine against places infected with such diseases; to repeal all laws and parts of laws, special and general, in conflict with the provisions of this act, and to provide for the succession of the boards created by this act, to all powers, authority, rights, claims and property of the present boards.

[Membership-Term of Office-Meetings, Per Diem and Mileage.]

SECTION 1. Be it enacted by the General Assembly of the State of Louisiana, That a State Board of Health for the State of Louisiana, is hereby created and established to consist of seven (7) representative physicians from the various sections of the State, who shall be appointed by the Governor, by and with the advice and consent of the Senate, as provided by Article 296 of the Constitution. They shall hold their offices for seven (7) years from the date of their qualification, unless sooner removed for cause. The members first appointed shall be so designated that the term of two of the members shall expire in two years from the date of their qualification, and the term of two other members shall expire in four years from the date of their qualification and the terms of the three others in six years. When re-appointed the members shall then serve for seven (7) years. They shall qualify, and be commissioned in the manner now provided by the Constitution and laws of the State of Louisiana, for all other officers of the State. At any meeting of said Board three members shall constitute a quorum to transact business. The Board shall meet once in every three months on a day to be fixed by it, and as much oftener as the Board may determine. Special and called meetings may be held as hereinafter provided in this act.

R. S. 3063-Act 192, 1898

All members of said Board shall be entitled to and allowed ten dollars ($10.00) per day for each day they may be actually present at; and in attendance on any meeting of said Board, and such members of the Board as may not reside in the city of New Orleans, shall in addition to the ten dollars ($10.00) per day for attendance as hereinbefore provided shall be entitled to and shall be allowed ten ($10.00) dollars for each and every day consumed in going to, and coming from the Board meetings, and five cents (5c) per mile, mileage, for every mile traveled in going to or coming from said meetings, by the most direct route of transportation from the places of their respective residences to and from the place of meetings of the said Board, all of which per diem of all members and the mileage of members residing outside of the City of New Orleans shall be paid by the secretary and treasurer of the Board on the voucher of the member, approved by the president of the Board, out of the funds of the Board (as amended by Act 150, 1902, p. 266).

State ex rel. vs Auditor, 52 An. 1258.

[President-Secretary-Treasurer-Salaries-Term of Office-Duties.] SEC. 2. Be it further enacted, etc., That the Governor shall designate and appoint one of the members to be president of said Board, who shall receive an annual salary of five thousand dollars ($5,000), and shall serve as such for four years from the date of his appointment, the said salary to be paid out of the funds, or appropriations, of said Board. At its first meeting after the passage of this act, the Board shall elect a suitable person, other than a member of the Board, to be secretary and treasurer, who shall receive an annual salary of twenty-five hundred dollars ($2,500), to be paid out of the funds or appropriations of the Board, and shall serve for four years from the date of his election. He shall be removable at the pleasure of the Board. He shall give bond to the State of Louisiana for the faithful performance of his duty, in such sum and with such surety thereon as shall be fixed and approved by the Board. The duties and powers of said president and secretary and treasurer shall be those incident to like officers in similar corporations, and also such other powers and duties now devolved by law upon their predecessors in the present Board, as well as those additionally prescribed by the provisions of this act. In addition to said powers and duties heretofore prescribed by existing laws, the president shall have the power after the adjournment of the Board, and during the interval of time between the meetings of the Board and when the Board is not in session, to issue all orders and warrants, and to take all necessary steps to execute the sanitary law of the State, and to carry out the rules, ordinances and regulations of the Board made thereunder, and he may in his discretion

R. S. 3063-Act 192, 1898

call special meetings of the Board whenever in his opinion an emergency shall require it, provided, that in all cases where two or more members shall demand the same it shall be his duty to convene said special meetings.

[Powers Quarantine-Sanitary Code-Inspectors, etc.]

SEC. 3. Be it further enacted, etc., That said Board shall have all the powers, authority and jurisdiction now possessed by the existing State Board of Health under present laws now in force, except in so far as modified and changed by the provisions of this act. It shall have exclusive jurisdiction, control and authority over maritime quarantine within the State, as now provided by existing laws of the State. It shall have supervisory power over land quarantine, and over the care and control of infectious and contagious disease within the State in order to accomplish the subsidence and suppression thereof, and to prevent the spread of the same. Such supervision and control shall be exercised in the manner and to the extent hereinafter laid down in this act. It shall prepare or cause to be prepared a Sanitary Code for the State of Louisiana, which shall contain and provide rules and regulations and ordinances of a general nature for the improvement and amelioration of the hygienic and sanitary condition of the State. On the adoption of said code by the Board it shall be printed and published in pamphlet form with such number of copies as may be necessary for the distribution for information of health bodies, health and sanitary officers and the public generally. When so printed said code. shall cover and provide for, especially, land and maritime quarantine regulations; the reporting, care and management of cases of infectious and contagious diseases; it shall regulate the manner of keeping and reporting and tabulating vital and mortuary statistics; it shall provide for affording facilities for vaccination, provided the same shall not be made compulsory, except in cases of children attending the public schools of a parish where smallpox prevails, and when the same shall have been recommended by a majority of the local Board of Health; it shall regulate the carriage and transportation of persons, freight and dead bodies brought into the State or transported through or in the State in so far as the same may affect the public health; it shall provide for the carrying out of the laws of the State in regard to the adulteration of articles intended for human food or consumption; it shall provide for the inspection of meats, milk, coal oil and other articles affecting the public health and safety, where and when the same may be brought into one parish from another, or from outside the State, leaving to the local Boards hereinafter provided, the regulation of the sale or offering for sale of said articles within the parish or municipality to which the same may be brought; and said code shall contain general rules in regard to such health, sanitary and hygienic

R. S. 3063-Act 192, 1898

subjects, as can not in the opinion of the State Board of Health be efficiently and effectively regulated by the local Boards. And any violations of any provision or provisions, or regulation or regulations of said code, shall constitute a misdemeanor, and the offender shall be punished by a fine of twenty-five (25) dollars, or thirty days imprisonment in the parish jail for each and every offense, on conviction before any court of competent jurisdiction. The Board shall have the power to appoint inspectors and other necessary officers and employees, and (sic) fix the salaries thereof. All inspectors, officers and employees of the said Board shall have power to arrest without warrant all persons violating the provisions of any rule or regulation of the said Board, when such violation has occurred within the sight, view or personal knowledge of said inspector, officer or employee, and in all cases where said violation may not have occurred within the sight, view or personal knowledge of said inspector, officer or employee said functionary, shall have only the right to arrest in execution of a warrant duly issued by the president of the Board. It is hereby made the duty of all sheriffs, their deputies, constables, and their deputies, police officers of towns and cities, and all other peace officers, to aid and assist in the arrest and apprehension of all persons violating the articles of any rule or regulation of the State Board of Health; to themselves arrest and apprehend all offenders committing the offense in their view or sight or within their personal knowledge. The members of the State Board of Health and every person duly authorized by them may without fear or hindrance, enter, examine and inspect all grounds, erections, structures, public buildings and places. The State Board shall at all times keep in readiness one or more medical inspectors and nurses, medicines, clothing, bedding, appliances, tents and other necessary paraphernalia, so as to repair to any locality in the State that applies to it for assistance upon the outbreak of an infectious or contagious disease with the view of stamping out the same. An annual appropriation of five thousand dollars shall be made to start this first help. The local authorities shall keep up the work at their own expense after it has been started (as amended by Act 150, 1902, p. 266).

[Parish Boards of Health.]

SEC. 4. Be it further enacted, etc., That each and every parish in the State shall establish and organize Parish Boards of Health in the manner following: The police jury of each parish shall immediately after the promulgation of this act, and hereafter not later than the third regular meeting in the new police jury term elect and appoint a Parish Board of Health to consist of three persons; said Board to be composed of a duly licensed and registered physician, a resident of said parish who shall be chairman of said Board of Health, and health

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