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CHAPTER LXXXI.

PUBLIC CONTRACTS.

AN ACT TO PREVENT FRAUDS IN THE LETTING OF PUBLIC CONTRACTS.

[Session Laws, 1872.]

officer of this state or

Interest in pub

payment of

state, county,

city, town or

school district officer, prohibited.

2080. SECTION I. Whenever any of any county, city, town, or school district therein, shall lic contracts, or be charged with the duty of making any contract for, or on money, by any behalf of this state, or of any county, city, town or school district therein, whereby this state, or any county, city, town, or school district therein, shall be obliged to pay any sum of money to any person whomsoever, and whenever any such officer, as a member of any board of auditors, commissioners, or directors, or otherwise, shall have any vote or voice in awarding any such contract, it shall not be lawful for any such officer to become in any manner bound for the fulfillment of such contract, or to take or receive any part or portion of the money specified in such contract, or to be in any way, manner, or degree, interested in such contract, excepting in his official representative capacity.

2081. SEC. 2. Whosoever shall offend against the pro- Penalty for viovisions of this act, shall be imprisoned not exceeding six lation of this act. months, and fined not exceeding two thousand dollars, and shall be removed from office.

CHAPTER LXXXII.

PUBLIC HEALTH.

AN ACT TO PRESERVE THE PUBLIC HEALTH.

Be it enacted by the General Assembly of the State of Colorado:

County commis.

county to be a

where no other

2082. SECTION I. The county commissioners of any county, respecting which no other provision is or shall be sioners of any made by law, shall be a board of health for their respective board of health, counties, and the county clerk shall be the clerk of such provision made by law. board, and shall keep a record of their proceedings, in a book to be provided for that purpose, at the expense of the county.

Appointment of physicians as health officers.

Regulations respecting nuis

filth, and causes of sickness;

penalty for violating.

2083. SEC. 2. Every board of health may appoint one or more physicians to the board, who shall be the health officer or officers of the county, city or town for which he is appointed, and shall hold his office during their pleasure, and they shall establish his salary, or other compensation, and shall regulate all fees and charges of every person employed by them in the execution of the health laws, and of their own regulations.

2084. SEC. 3. The board of health shall make such ances, sources of regulations respecting nuisances, sources of filth, and causes of sickness within their respective limits, and on board of any car or train of cars, as they shall judge necessary for the public health and safety; and if any person shall violate any such regulations, he shall forfeit a sum not exceeding one hundred dollars.

Regulations con

2085. SEC. 4. The said board shall also make such cerning articles regulations as they may deem necessary for the public taining or con- health and safety, respecting any articles which are capable

capable of con

veying conta

in cars or trains; penalty for

violating.

gion, transported of containing or conveying any infection or contagion, or of creating any sickness, when such articles shall be brought into or conveyed from their town, city or county, on, into or from any car, or train of cars; and if any person shall violate such regulations, he shall forfeit a sum not exceeding one hundred dollars.

Destruction,

2086.

SEC. 5. The board of health shall examine into removal or pre- all nuisances, sources of filth, and causes of sickness that

vention of nuisances, sources of filth, etc.

Removal of nuis

may, in their opinion, be injurious to the health of the inhabitants within their town, city or county, or in any car or train of cars within said town, city of county, and the same shall destroy, remove or prevent, as the case may require.

2087. SEC. 6. Whenever any such nuisance, source of ances, sources of filth, or cause of sickness, shall be found on private property, private property the board of health shall order the owner or occupant, or

filth, etc., from

upon order of

board of health; such other person or persons who shall have caused or

penalty for

default.

permitted said nuisance, at his own expense, to remove the same within twenty-four hours; and in default thereof, he, she or they, shall forfeit a sum not exceeding one hundred dollars, at the suit of the county commissioners of the proper county, and for the use of the board of health of

said county, or the board of health (if one exists) of the city or town wherein the nuisance was found.

Removal of nuis

board of health,

expense thereof.

2088. SEC. 7. If the owner or occupant shall not comply with such order of the board of health, such board ances, etc., by may cause the said nuisance, source of filth, or cause of and payment of sickness, to be removed, and all expense incurred thereby shall be paid by the said owner or occupant, or by such. other person as shall have caused or permitted the same. 2089. SEC. 8. Whenever any person shall be con- Order of court victed on an indictment for common nuisance that may be abatement of injurious to the public health and safety, the court may, in in cases of conits discretion, order it to be abated, removed or destroyed, indictment. at the expense of the defendar.t, under the direction of the board of health, of the town, city or county, where the nuisance is found; and the form of the warrant to the sheriff or other officer may be varied accordingly.

for removal or

nuisance, etc.,

viction on

Complaint to be

made in case of

refusal to permit entry of board of

ing or train of

of examination,

2090. SEC. 9. Whenever the board of health shall think it necessary for the preservation of the lives or health of the inhabitants to enter any building, car or train of cars, health into buildin their town, city or county, for the purpose of examining cars for purpose into, and abating, destroying, removing or preventing any etc. nuisance, source of filth, or cause of sickness, or danger to life or limb, and shall be refused such entry, any member of the board may make complaint, under oath, to any justice of the peace of his county, whether such justice be a member of such board or not, stating the facts of the case, so far as he has knowledge thereof.

iff or constable for removal or destruction of

2091. SEC. 10. Such justice may thereupon issue a warrant to sherwarrant, directed to the sheriff or any constable of the county, commanding him to take sufficient aid, and being nuisance, etc. accompanied by any two or more members of said board of health, between the hours of sun rise and sun set, to re pair to the place where such nuisance, source of filth, or cause of sickness, or danger to life or limb complained of may be, and destroy, remove or prevent the same, under the direction of such members of the board of health.

moval of infected

2092. SEC. II. The board of health may grant per- Permits for remits for the removal of any infected article or sick person, article or sick within the limits of their town, city or county, when they person, shall think it safe and proper so to do.

Removal of sick or infected per

2093. SEC. 12.

son to, and care or residing within

⚫ of, at separate

house.

In cases where

infected person moved without

cannot be re

endangering health.

Examination

travel, of per

this state from

infected places

in other states.

When any person coming from abroad any town, city or county within this state, shall be infected, or shall lately before have been infected with the small-pox, or other sickness dangerous to the public health, the board of health of the town, city or county where such person may be, shall make effectual provisions in the manner in which they shall judge best for the safety of the inhabitants, by removing such sick or infected person to a separate house, if it can be done without danger to his health, and by providing nurses and other assistance necessary, which shall be at the charge of the county to which he belongs.

2094. SEC. 13. If any such infected person cannot be removed without danger to his health, the board of health shall make provision for him as directed in the preceding section, in the house in which he may be, and in such case they may cause the persons in the neighborhood to be removed, and may take such other measures in respect to the same as they may deem necessary for the safety of the inhabitants.

2095. SEC. 14. The board of health of any town, city and license to or county, near to or bordering upon either of the neighsons passing into boring states or territories, may appoint, by writing under their hands, suitable persons to attend any places by which travelers may pass into this state from infected places in other states; and the person so appointed may examine such passengers as they may suspect of bringing with them any infection which may be dangerous to public health, and if need be, restrain them from traveling until licensed thereto by the board of health of the town, city or county, to which such person may come; and any person coming from such infected place, who shall, without license as aforesaid, travel within this state, unless it be to travel by the most direct way to the state from whence he came, after he shall be cautioned to depart by the persons appointed as aforesaid, shall forfeit a sum not exceeding one hundred dollars.

2096. SEC. 15. Any justice of the peace may make out a warrant under his hand, directed to the sheriff or any constable of the county in and for which he is a justice of

to sheriff or con

al of person in

the peace, requiring him, under the direction of the board Issue of warrant of health, to remove any person infected with contagious stable for removsickness, or take possession of convenient houses and lodg- fected with coning, and provide nurses, attendants and other necessaries etc. for the accommodation, safety and relief of the sick.

tagious sickness,

Precautions to

of suspicion of infected baggage, clothing or goods.

2097. SEC. 16. Whenever, on application of the board of health, it shall be made to appear to any justice of the be taken in case peace that there is just cause to suspect that any baggage, clothing or goods of any kind, found within the town, city, or county are infected with any disease which may be dangerous to the public health, such justice of the peace shall, by warrant under his hand, directed to the sheriff or any constable of the county, require him to take with him as many men as the said justice shall deem necessary to secure such baggage, clothing or other goods, and to post said men as a guard over the house or place where such baggage, clothing or other goods shall be lodged, which guard shall take effectual care to prevent any person removing, or coming near to such baggage, clothing or other goods, until due inquiry be made into the circumstances thereof, and they shall be discharged therefrom.

2098. SEC. 17. The said justice may also, by the same warrant, if it shall appear to him necessary, require the the said officer, under the direction of the board of health, to impress or take up convenient houses or stores for the safe keeping of such baggage, clothing or other goods; and the board of health may cause them to be removed to such houses or stores, or be otherwise detained until they shall, in the opinion of the board of health, be freed from infection.

Impressment of

houses and stores

for safe keeping

of such bag

gage, etc.

Forcible entry

2099. SEC. 18. Such officer, in the execution of such warrant, shall, if need be, in the day time, break open any authorized. house, shop or any other place mentioned in said warrant, where such baggage, clothing or other goods shall be; and he may require such aid as shall be necessary to effect the execution of the warrant, and all persons shall, at the command of any such officer, under a penalty not exceeding ten dollars, assist in the execution of the warrant, if able to do

So.

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