CHAPTER 35.

SEC. 6. The board of health of the township in which such burying- TITLE VIII. grounds shall be, and their successors in office, shall hold the fee of such land in trust for such township; and they shall keep the same, Board to hold or so much thereof as shall be necessary, surrounded with a good and ground in trust, substantial fence; the expenses of the purchase of such lands, and of fencing and regulating the same to be paid by the township.

SEC. 7. Notice shall be given by the board of health, of all regula- Notice of regula. tions made by them, by publishing the same in some newspaper of tions, how pubthe township, if there be one published therein, and if not, then by lished. posting them up in five public places in such township; and such. notice of said regulations shall be deemed legal notice to all persons. SEC. 8. The board of health shall examine into all nuisances, sources of filth and causes of sickness that may, in their opinion, be Board to examinjurious to the health of the inhabitants within their township, or in any vessel within any harbor or port of such township; and the same stroy, remove or shall destroy, remove, or prevent, as the case may require.

ine into nuisances, &c., and de

prevent the same

found on private

SEC. 9. Whenever any such nuisance, source of filth, or cause of Proceedings, if sickness, shall be found on private property, the board of health shall nuisance, &c., order the owner or occupant thereof, at his own expense, to remove property. the same within twenty-four hours; and if the owner or occupant shall neglect so to do, he shall forfeit a sum not exceeding one hundred dollars.

&c., to be remov

SEC. 10. If the owner or occupant shall not comply with such order When nuisance. of the board of health, such board may cause the said nuisance, source ed by board at of filth or cause of sickness to be removed, and all expenses incur- expense of own. red thereby shall be paid by the said owner or occupant, or by such other person as shall have caused or permitted the same.

er, &c.

ses.

Proceeding,

SEC. 11. Whenever any person shall be convicted on an indictment Court may order for a common nuisance that may be injurious to the public health, nuisance remov. the court may, in its discretion, order it to be removed or destroyed ed in certain ca at the expense of the defendant, under the direction of the board of health of the township where the nuisance is found; and the form of the warrant to the sheriff or other officer may be varied accordingly. SEC. 12. Whenever the board of health shall think it necessary, for the preservation of the lives or health of the inhabitants, to enter any when admittance building or vessel in their township, for the purpose of examining in- of board, &c., is to and destroying, removing or preventing any nuisance, source of filth or cause of sickness, 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.

refused.

SEC. 13. Such justice may thereupon issue a warrant, directed to Ib. the sheriff or any constable of the county, commanding him to take sufficient aid, and being accompanied by any two or more members of said board of health, between the hours of sunrise and sunset, to repair to the place where such nuisance, source of filth, or cause of sickness complained of may be, and the same destroy, remove or prevent, under the direction of such members of the board of health.

SEC. 14. The board of health may grant permits for the removal of any nuisance, infected article or sick person, within the limits of their township, when they shall think it safe and proper so to do.

SEC. 15. When any person coming from abroad, or residing in any township within this state, shall be infected, or shall lately before have

Board may permit removal of

infected articles,

&c.,

CHAPTER 35.

Board to make provisions to

prevent spread

TITLE VIII been infected with the small pox, or other sickness dangerous to the public health, the board of health of the township where such person may be, shall make effectual provision in the manner in which they shall judge best for the safety of the inhabitants, by removing such of small pox, &c. 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 and necessaries, which shall be at the charge of the person himself, his parents, or other person who may be liable for his support, if able; otherwise, at the charge of the county to which he belongs.

Provision in case infected

persons cannot be removed.

Board may re.

strain travelers

fected districts.

SEC. 16. 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 as they may deem necessary for the safety of the inhabitants.

SEC. 17. The board of health of any township near to, or bordering upon either of the neighboring states, may appoint, by writing coming from in- under their hands, suitable persons to attend any places by which travelers may pass from infected places in other states; and the persons so appointed may examine such passengers as they may suspect of bringing with them any infection which may be dangerous to the public health, and if need be, may restrain them from traveling until licensed thereto by the board of health of the township to which such persons 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.

Removal of persons infected.

Infected baggage, clothing, and goods, how seGured.

Impressing hou. ses, &c., for

keeping infected goods.

SEC. 18. Any two justices of the peace may, if need be, make out a warrant under their hands, directed to the sheriff or any constable of the county, requiriug him, under the direction of the board of health, to remove any person infected with contagious sickness, or to take possession of convenient houses [and] lodgings, and to provide for nurses, attendants, and other necessaries, for the accommodation, safety and relief of the sick.

SEC. 19. Whenever, on the application of the board of health, it shall be made to appear to any justice of the peace, that there is just cause to suspect that any baggage, clothing, or goods of any kind found within the township, 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.

SEC. 20. The said justice may also, by the same warrant, if it shall appear to him necessary, require the said officer, under the direction of the board of health, to impress and 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 to be otherwise detained until they shall, in the opinion of said board of health, be freed from infection.

TITLE VIII.

CHAPTER 35.

SEC. 21. Such officer, in the execution of such warrant, shall, if need be, break open any house, shop, or any other place mentioned in said warrant, where such baggage, clothing, or other goods shall Power of officer be; and he may require such aid as shall be necessary to effect the executing warexecution 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.

rant.

SEC. 22. The charges of securing such baggage, clothing, or other Charges to be goods, and of transporting and purifying the same, shall be paid by paid by owner. the owner or owners thereof, at such rates and prices as shall be determined by the board of health.

ses, &c.

SCE. 23. Whenever the sheriff or other officer shall take possession Compensation of any houses, stores, lodgings, or other necessaries, or shall employ for houses, nurany nurse or attendants, as provided in this chapter, the several parties interested shall be entitled to a just compensation therefor, to be paid by the county in which such persons or property shall have been so employed or taken possession of.

dangerous dis

SEC. 24. Whenever any person confined in any common jail, shall be When prisoners attacked with any disease, which, in the opinion of the physician of attacked with the board of health, or of such other physicians as they may consult, ease, may be reshall be considered dangerous to the safety and health of the other moved. prisoners, or of the inhabitants of the township, the board of health shall, by their order in writing, direct the removal of such person to some hospital or other place of safety, there to be provided for and securely kept, so as to prevent his escape, until their further orders; and if such prisoner shall recover from the disease, he shall be returned to such jail.

ed to be return

SEC. 25. If the person so removed shall have been committed by Prisoners removorder of any court, or under any judicial process, the order for his re-ed, and not to be moval, or a copy thereof, attested by the presiding member of said considered as having escaped. board of health, shall be returned by him, with the doings thereon, into the office of the clerk of the circiut court for the county; and no prisoner, removed as aforesaid, shall be considered as thereby having committed an escape.

tendents of poor

may remove

SEC. 26. Whenever any pestilence or contagious disease shall break When superinout in any county poor-house in this state, or in the vicinity thereof, and the physician to such county poor-house, or such other physician paupers from as the superintendents may consult, shall certify that such pestilence poor houses, or disease is likely to endanger the health of the persons supported at such poor-house, the superintendents of such county poor-house shall cause the persons there supported, or any of them, to be removed to some other suitable place in the same county, and there to be maintained and provided for at the expense of the county, with all necessary medical attendance and care, until they can safely be returned to such poor-house, or otherwise discharged."

Quarantine.

SEC. 27. Any township may establish a quarantine ground in any Township qu2suitable place, either within or without its own limits: Provided, that rantine. if such place shall be without its limits, the assent of the township within whose limits it may be established, shall be first obtained therefor.

SEC. 28. Any two or more townships may, at their joint expense, Quarantine for establish a quarantine ground for their joint use, either within or with- townships

two or more

TITLE VIII. CHAPTER 35.

Quarantine in

ing on certain

out their own limits: Provided, that if such place shall be without their limits, they shall first obtain the assent of the township within whose limits the same may be.

SEC. 29. The board of health in each township in this state bordertownships border ing upon lake Michigan, lake Superior, lake Huron, lake St. Clair or lakes, rivers, &c. lake Erie, or upon any of the principal rivers or straits connecting together any of the said lakes, or bordering upon any navigable waters uniting with any of the said lakes, rivers or straits, may from time to time establish the quarantine to be performed by all vessels arriving within the limits of such townships, and may make such quarantine regulations as they shall judge necessary for the health and safety of the inhabitants.

Quarantine reg.

ulations to extend to persons and goods in vessels.

Penalty for vio. lating quarantine regulations.

Vessels in certain cases to be removed to quaran

SEC. 30. The quarantine regulations so established, shall extend to all persons, and all goods and effects, arriving in such vessels, and to persons who may visit or go on board of the same.

all

SEC. 31. The said quarantine regulations, after notice shall have been given in the manner before provided in this chapter, shall be observed and complied with by all persons; and any person who shall violate any such regulations, shall forfeit a sum not less than five dollars, and not more than five hundred dollars.

SEC. 32. The board of health in each township bordering upon any of the lakes, rivers, straits, or other navigable waters herinbefore mentine ground, &c. tioned, may at all times cause any vessel arriving within the limits of the township, when such vessel or the cargo thereof shall, in their opinion, be foul or infected, so as to endanger the public health, to be removed to the quarantine ground, and to be thoroughly purified, at the expense of the owners, consignees, or persons in possession of the same; and they may also cause all persons arriving in, or going on board of such infected vessel, or handling such infected cargo, to be removed to any hospital under the care of the said board of health, there to remain under their orders.

Master, &c., to answer on oath in regard to infections.

Expenses, by

whom to be paid.

Hospital for reception of perpox, &c.

SEC. 33. If any master, seaman or passenger, belonging to any vessel on board of which any infection may then be, or may have lately been, or which may have been at, or which may have come from, any port or place where any infectious disease prevails, that may endanger the public health, shall refuse to answer on oath, to be administered by any member of such board, such questions as may be asked him, relating to such infection or disease, by any member of the board of health of the township to which such vessel may come, such master, seaman or passenger, so refusing, shall forfeit a sum not exceeding two-hundred dollars; and in case he shall not pay such sum, he shall suffer six months imprisonment.

SEC. 34. All expenses incurred on account of any person, vessel or goods, under any quarantine regulations, shall be paid by such person, or by the owner of such vessel or goods respectively.

Small Pox, and other Dangerous Diseases.

SEC. 35. The inhabitants of any township may establish within their cons having small township, and be constantly provided with, one or more hospitals for the reception of persons having the small pox, or other disease which may be dangerous to the public health.

By whom hospi

SEC. 36. All such hospitals shall be subject to the orders and regutals to be regula lations of the board of health, or a committee appointed by such board for that purpose; but no such hospital shall be established with

ted, &c.

in one hundred rods of any inhabited dwelling house situated in an adjoining township, without the consent of such adjoining township.

TITLE VIII.

CHAPTER 35.

SEC. 37. If any person shall inoculate any other person, or inocu- Penalty for inlate himself, or suffer himself to be inoculated with the small pox, small pox, exoculating with unless at some hospital licensed and authorized by law, he shall for cept at hospitals. each offence forfeit a sum not exceeding two hundred dollars.

regulations of

SEC. 38. When any hospital shall be so established, the physician Physicians, &c., attending the same, the persons inoculated or sick therein, the nurses, to be subject to attendants, and all persons who shall approach or come within the board, &c. limits of the same, and all such furniture and other articles as shall be used or brought there, shall be subject to such regulations as shall be made by the board of health, or of the committee appointed for that purpose.

SEC. 39. When the small pox, or any other disease dangerous to When board of the public health, shall break out in any township, the board of health health to provide hospital. shall immediately provide such hospital or place of reception for the sick and infected, as they shall judge best for their accommodation, and the safety of the inhabitants; and such hospitals and places of reception, shall be subject to the regulations of the board of health, in the same manner as hereinbefore provided for established hospitals.

tal, &c.

SEC. 40. The board of health shall cause such sick or infected per- When infected sons to be removed to such hospitals or places of reception, unless persons to be rethe condition of the sick person be such as not to admit of removal moved to hospi without danger of life; in which case the house or place where the sick shall remain, shall be considered as a hospital to every purpose before mentioned, and all persons residing in, or in any way concerned with the same, shall be subject to the regulations of the board of health, as before provided.

dangerous dis

Sec. 41. When the small pox, or any other disease dangerous to Board to prevent the public health, is found to exist in any township, the board of the spread of health shall use all possible care to prevent the spreading of the infec- ease. tion, and to give public notice of infected places to travellers, by such means as in their judgment shall be most effectual for the common safety.

of hospitals.

SEC. 42. If any physician or other person, in any of the hospitals or Penalty for vioplaces of reception before mentioned, or who shall attend, approach lating regulations or be concerned with the same, shall violate any of the regulations lawfully made in relation thereto, either with respect to himself, or his or any other person's property; the person so offending shall, for each offence, forfeit a sum not less than ten, nor more than one hundred dollars.

SEC. 43. Whenever any householder shall know that any person House holders to within his family is taken sick with the small pox, or any other dis- give notice of disease; penalty ease dangerous to the public health, he shall immediately give notice for neglect. thereof to the board of health, or to the health officer of the township in which he resides; and if he shall refuse or neglect to give such notice, he shall forfeit a sum not exceeding one hundred dollars. SEC. 44. Whenever any physician shall know that any person whom Penalty on phy. he is called to visit, is infected with the small pox, or any other disease sician nezlecting dangerous to the public health, such physician shall immediately give notice thereof to the board of health, or health officer of the township in which such diseased person may be; and every physician who shall refuse or neglect to give such notice, shall forfeit for each offence, a sum not less than fifty, nor more than one hundred dollars.

to give notice.