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and provisions for such city or town, such board of health shall forthwith cause such animal to be inspected by an inspector or by a competent veterinarian appointed by them for that purpose, and if upon such inspection such board or such inspector suspects or has reason to believe that contagion exists he or they shall proceed according to the provisions of sections seven, eight, nine and twentysix of this act.

or city for

SECTION 31. A city or town whose officers refuse or Penalty on town neglect to carry into effect the provisions of sections neglect of twenty-four, twenty-five, twenty-six and thirty of this oflicers. act shall forfeit a sum not exceeding five hundred dollars for each day's neglect.

of fines and

SECTION 32. All fines and forfeitures imposed upon Recovery cities or towns under sections two and thirty-one may be forfeitures. recovered by complaint or indictment to the use of the Commonwealth, or the same may be recovered in an action of tort, in the name of the board of cattle commissioners, to the use of the Commonwealth, and such complaint, indictment or action may be maintained in any county.

etc., for quaran

of land to be

SECTION 33. The boards of health of cities and towns, May take land, when in their judgment it is necessary to carry into effect tine purposes; the provisions of this act may, within the limits of their damages. respective cities and towns, take and hold for a term not exceeding one year any land without buildings, other than barns or stables, thereon, upon which to enclose, quarantine and isolate any animals. They shall cause the damage sustained by any person in consequence of such taking and holding to be appraised by the assessors of the city or town wherein the land so taken is situated, and shall Description further, within thirty days after any such taking, cause to recorded. be entered upon the records of such city or town a description of such land sufficiently accurate for identification, together with the amount of the damages so appraised. The amount of said appraisement shall be paid by such city or town, in such sums and at such times as the board of health may order. Any person aggrieved by such ap- Persons praisement or order may, by an action of contract com- recover by menced at any time within three months after such taking, contract, etc. recover of the city or town wherein the land lies, reasonable compensation for the damages so sustained by him. If, upon trial, the damages are increased beyond such appraisement, exclusive of interest, he shall recover his costs; otherwise he shall pay costs. The Commonwealth shall reimburse to such city or town four fifths of the cities and towns,

aggrieved may

an action of

Commonwealth

to reimburse

etc.

Animals quarantined to be

with contagious disease.

Penalty for breaking quar. antine, or unlawful sale, removal, etc., of animals.

amount of such appraisal or judgment paid by such city or town, when certified by the treasurer of the city or town paying the same.

SECTION 34. Every animal quarantined or isolated by deemed affected order of the board of cattle commissioners or any of its members, or by any board of health or inspector, in accordance with the provisions of this act, shall, during the continuance of such quarantine or isolation, be deemed to be affected with a contagious disease. Any person who shall knowingly break or authorize or cause to be broken any quarantine imposed under the provisions of this act, or who shall knowingly remove, authorize or cause to be removed from any building, place or enclosure where the same is quarantined or isolated, any animal contrary to such order of quarantine or isolation, or who shall knowingly place or cause or authorize to be placed any other animal or animals within a building, place or enclosure where any animal or animals are quarantined, or in contact therewith, contrary to any order or notice of quarantine, or who shall knowingly conceal, sell, remove or transport, or knowingly cause or authorize to be concealed, sold, removed or transported, any animal, knowing or having reasonable cause to believe that such animal is affected with a contagious disease, or who shall knowingly authorize or permit any such animal to go at large upon any way, street or highway within the limits of this Commonwealth, or who shall knowingly bring or authorize or permit to be brought from any other country, state, district or territory into this Commonwealth, any animal that is affected with or has been exposed to any contagious disease, or who shall disobey any lawful order or regulation of any board of health or of any inspector in the discharge of his or their duty under the provisions of this act, shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding one year, or by both such fine and imprisonment.

Penalty for violation of rules, etc.

Cattle commissioners and

owners to be notified when carcasses are found to be affected with a contagions disease.

SECTION 35. Every person who kills or causes to be killed, with the consent of the owner or person in possession thereof, any animal under suspicion that the same is affected with or has been exposed to a contagious disease, and who, upon the inspection of the carcass thereof, finds or is of the opinion that the same is affected with a contagious disease, shall notify such owner or person in possession thereof of the existence of such disease, and shall

also immediately notify the board of cattle commissioners
of the same and of the place where the animal was found,
the name of the owner or owners, or person or persons in
possession thereof, and of the disposal made of such car-
cass. Any person violating the provisions of this section Penalty.
shall be subject to the same penalties as are provided in
section fifteen of this act.

cattle commis

appointed,

SECTION 36. The board of cattle commissioners created Additional by chapter three hundred and seventy-eight of the acts of sioners to be the year eighteen hundred and eighty-five shall hereafter term, etc. consist of not more than five members, and the governor, with the advice and consent of the council, shall appoint two additional commissioners, one for the term of two years and one for the term of three years, and upon the expiration of the term of office of any of said commissioners shall thereafter appoint a successor or successors for the term of three years. Said additional commissioners shall be subject to the provisions of said chapter three hundred and seventy-eight, so far as the same are applicable. SECTION 37. Contagious diseases under the provisions Contagious of this act shall include glanders, farcy, contagious pleuropneumonia, tuberculosis, Texas fever, foot-and-mouth disease, rinderpest, hog cholera and rabies.

diseases.

SECTION 38. The board of cattle commissioners shall Cattle commissioners, powers, have power to make from time to time orders and regula- etc. tions concerning the extirpation, prevention and suppression of contagious diseases among domestic animals, or concerning the destruction, care and treatment of animals affected with, or which have been exposed to, any contagious disease. They shall further have throughout the Commonwealth all the power and authority herein conferred upon boards of health by sections twenty-four, twenty-five, twenty-six and thirty-three of this act.

commissioners.

SECTION 39. The board of cattle commissioners shall Duties of cattle from time to time make orders and regulations concerning the inspection and examination of animals, and the carcasses, meat and product thereof, concerning the quarantine, killing, burial and disposal of animals or carcasses affected with or which have been exposed to contagious disease, and concerning the cleansing and disinfecting of districts, buildings or places where such contagion exists or has existed. Such board shall further from time to time make and prescribe forms of records of inspectors, certificates of examinations, notices and orders of quar

Orders and regulations of

sioners, publication, etc.

antine, orders for killing and burial, and all returns to be made by inspectors and boards of health which are required or provided for under the provisions of this act. SECTION 40. All orders and regulations made by the cattle commis board of cattle commissioners under the provisions of this act shall be spread upon the records of such board, and a copy thereof shall be sent to each city or town to which the regulation or order applies, and shall be published by such board, or by the city or town to which they are directed, in such manner as such orders and regulations shall prescribe, or such orders or regulations may be directed to boards of health or inspectors; and in such case a copy of the same shall be mailed to the board of health of every city or town included in such order, or to every known inspector appointed for the same. All orders and regulations made by the board of cattle commissioners under the provisions of this act shall supersede those made by the boards of health under sections twenty-four, twenty-five and twenty-six hereof.

To supersede orders, etc., of boards of health.

Hospitals, etc., may be established.

Enforcement

of regulations,

neglect.

SECTION 41. The board of cattle commissioners may establish hospitals or quarantines, with proper accommodations, wherein, under prescribed regulations, animals by such commissioners selected may be confined and treated for the purpose of determining the varying characteristics of and the methods by which a specific contagion may be disseminated or destroyed, and they may direct boards of health and inspectors to enforce and carry into effect all such regulations as may from time to time be made for that end.

SECTION 42. The boards of health for the several etc.; penalty for cities and towns, and every inspector of animals and provisions appointed under the provisions of this act, shall carry out and enforce all lawful regulations, orders and directions of the board of cattle commissioners or any of its members, to them or him directed, and any such officer or inspector who refuses or neglects to carry out the same shall be punished by a fine not exceeding five hundred dollars for every such offence.

Officers, agents and assistants, appointment,

etc.

SECTION 43. The board of cattle commissioners shall have the power and authority to appoint from time to time such officers, agents and assistants as are necessary or expedient to carry out the purposes of this act and to remove any and all of the same. All such officers, agents and assistants shall have the power and authority con

ferred upon inspectors under the provisions of sections thirteen and fifty-seven hereof, and shall receive such compensation as such board shall determine.

cattle commis

contagious

disease to be killed, etc.

isolated or

SECTION 44. Each member of the board of cattle com- Power and missioners shall have throughout the Commonwealth all authority of the power and authority conferred upon boards of health sioners. under section twenty-six of this act, and all the power and authority conferred upon inspectors of animals and provisions under sections four, six, seven, eight, ten, twelve, thirteen and twenty of this act: provided, however, that Proviso. no appeal from any act done by any of said commissioners shall lie to the board of health, as provided in said sections ten, twelve and twenty. Each such commissioner shall have the same power and authority to quarantine or isolate animals which have been exposed to a contagious disease, when in his judgment it is necessary or expedient so to do. Whenever any animal is quarantined or isolated by order of any of said commissioners such quarantine or isolation shall continue until the further order of such commissioner of the board of cattle commissioners. SECTION 45. When the board of cattle commissioners Animals with or any of its members, by an examination of a case of contagious disease among domestic animals, becomes satisfied that the public good requires it, such board or commissioner shall cause such animal or animals affected therewith to be securely isolated at the expense of the owner, or shall cause it or them to be killed without appraisal or payment. Such order of killing shall be in writing and may be directed to the board of health, inspector or other person, and shall contain such direction as to the examination and disposal of the carcass, and the cleansing and disinfecting of the premises where such animal was condemned, as such board or commission shall deem expedient. A reasonable sum may be paid out of A reasonable the treasury of the Commonwealth for the expense of such to killing and burial. If it shall subsequently appear, upon post mortem examination or otherwise, that such animal was free from the disease for which it was condemned, a reasonable sum therefor shall be paid to the owner thereof by the Commonwealth: provided, however, that whenever Proviso. any cattle afflicted with the disease of tuberculosis are killed under the provisions of this section one half of the value thereof at the time of slaughter for food or milk purposes, and without taking into consideration the ex

sum to be paid

owner in

certain cases.

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