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give notice of

diseases.

1 SECTION 48. A householder who knows that a person in his Householder to 2 family or house is sick of smallpox, diphtheria, scarlet fever or dangerous 3 any other infectious or contagious disease dangerous to the public 1742-3, 17, §§ 5, 4 health shall forthwith give notice thereof to the board of health of i 1792, 58, § 7. 5 the city or town in which he dwells. Upon the death, recovery or R. S. 21, 43. 6 removal of such person, the householder shall disinfect to the satis- P. S. 80, 78. 1884, 98, § 1. 7 faction of the board such rooms of his house and articles therein as, 1890, 102. 8 in the opinion of the board, have been exposed to infection or con9 tagion. Whoever violates the provisions of this section shall be 10 punished by a fine of not more than one hundred dollars.

G. S. 26, § 47.

physician for
notice, etc.
R. §

1 SECTION 49. If a physician knows that a person whom he is Penalty on
2 called to visit is infected with smallpox, diphtheria, scarlet fever not giving
3 or any other disease dangerous to the public health, he shall im- 1827, 129.
4 mediately give notice thereof in writing over his own signature to G. S. 26, 48.
5 the selectmen or board of health of the town; and if he refuses or P. S. 80, § 79.
6 neglects to give such notice, he shall forfeit not less than fifty nor 1891, 188.
7 more than two hundred dollars for each offence.

§

1884, 98, § 2.

1

diseases.

SECTION 50. The board of health shall keep a record, in blank Record of 2 books to be provided by the secretary of the commonwealth, of all cagious 3 reports received pursuant to the two preceding sections, which shall 1884, 98, §§ 3, 4. 4 contain the name and location of all persons who are sick, their

5 disease, the name of the person who reports the case and the date 6 of such report. Said board shall give immediate information to

7 the school committee of all contagious diseases so reported to them.

1

notify state 1883, 138, § 1.

SECTION 51. If the board of health of a city or town has had Local board to 2 notice of a case of smallpox, diphtheria, scarlet fever or of any board. 3 other disease dangerous to the public health therein, it shall within 1886, 101, §4. 4 twenty-four hours thereafter, give notice thereof to the state board 18, 302, § 1. 5 of health, and the secretary thereof shall forthwith transmit a copy 6 of such notice to the state board of charity.

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SECTION 52. If such board refuses or neglects to give such notice, 2 the city or town shall forfeit its claim upon the commonwealth for 3 the payment of expenses as provided in section fifty-six.

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SECTION 53. Expenses incurred by a town in the removal of 2 nuisances or for the preservation of the public health, which are 3 recoverable of a private person or corporation, may be recovered 4 in an action of contract.

Forfeiture of 1883, 138, § 2.

claim, when.

1893, 302, § 2.

recovered.

Expenses, how 1849, 211, §6.

G. S. 26, § 49.

P. S. 80, 80.

98 Mass. 442.

1

forfeitures.

SECTION 54. Fines and forfeitures which are incurred under the Disposition of 2 general laws, the special laws applicable to a town, or the by-laws R. S. 21, § 46. 3 and regulations of a town, relative to health, shall inure to the use G. 3. 26,$50. 4 of such town.

1849, 211, § 7.

153 Mass. 216.

P. S. 80, § 81. 5 Cush. 408.

apply to small

1838, 158.

1 SECTION 55. The provisions of sections forty-one, forty-two, Certain pro. 2 and forty-three, so far as they confer authority for the removal of visions not to 3 patients from their homes, shall not apply to smallpox, except in pox 4 cases of persons residing in boarding houses or hotels or in cases of 1840, 39. 5 two or more families occupying the same dwelling or in other cases G. S. 26, § 51. 6 in which, in the opinion of the board and the attending physician, P. S. 80, $ 82. 7 the case cannot be properly isolated.

1848, 119.

1872, 189.

140 Mass. 324.

Expenses, how

to be paid.

SECTION 56. Reasonable expenses incurred by the board of 1 1701-2, 9, $$ 1, 2. health in making the provision required by law for a person in- 2

1797, 16, § 1.
1837, 244, § 1.
1848, 119.
R. S. 21, § 16.
G. S. 26, § 16.
1874, 121, § 2.

fected with the smallpox or other disease dangerous to the public 3 health shall be paid by such person, his parents or master, if able; 4 otherwise by the town in which he has a legal settlement. If he 5 P. S. 80, $$ 40, has no settlement, they shall be paid by the commonwealth and 6

83.

the bills therefor shall be approved by the state board of charity.

7

Compensation
for houses,
etc., im.
pressed.
R. S. 21, § 24.
G. S. 26,

24.

P. S. 80, § 48.

Impure ice. 1886, 287, § 1.

Appeal.
1886, 287, § 3.

Enforcement of orders.

SECTION 59. Such orders shall be served upon any person who 1 1886, 287, §§ 2, 3. sells or offers for sale impure ice, and may be enforced in equity 2 by the supreme judicial court or the superior court.

3

-visitation of.
1876, 157, § 3.
P. S. 80, § 58.
1886, 101, § 4.

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SECTION 57. If a sheriff or other officer impresses or takes up any houses, stores, lodging or other necessaries, or impresses men, 2 the town in which such persons or property are so impressed shall 3 pay a just compensation to the persons entitled thereto.

4

IMPURE ICE.

SECTION 58. The state board of health, upon complaint in writ- 1 ing of not less than twenty-five consumers of ice cut from any pond 2 or stream in this commonwealth and sold or held for sale, alleging 3 that said ice is impure and injurious to health, after notice to the 4 parties interested of the time and place appointed for the hearing, 5 and after hearing said parties, may make such orders relative to 6 the sale of said ice as in its judgment the public health requires.

7

1876, 157, § 4. P. S. 80, § 59.

LYING-IN HOSPITALS.

Lying-in hospitals.

P.S. 80, §§ 56,57.

SECTION 61. The selectmen of a town may issue a license, sub- 1 1876, 157, §§,1, 2. ject to revocation by them, to a person to establish or keep therein 2 for two years, a lying-in hospital, hospital ward or other place for 3 the reception, care and treatment of women in labor, if the board 4 of health shall first certify to the selectmen that, in its judgment, 5 the applicant for such license is a suitable person, and that from its 6 inspection and examination of such hospital, hospital ward or other 7 place aforesaid, the same is suitable for such business.

8

SECTION 60. A person who is aggrieved by such orders may 1 appeal therefrom in the manner prescribed by section ninety-five, 2 and shall be subject to the provisions of sections ninety-six and 3 ninety-seven, and the court may award costs in its discretion.

4

SECTION 62. Such hospital, hospital ward, or other place shall 1 be subject to visitation and inspection at any time by the select- 2 men, the board of health and the chief of police, and if, during the 3 year, it receives more than six patients, by the state board of health. 4

Penalties for keeping hos

SECTION 63. Whoever establishes or keeps or is concerned in 1

pital without establishing or keeping a hospital, hospital ward or other place 2 for the purpose mentioned in section sixty-one or is engaged in any 3 such business, without such license, shall for the first offence be 4 punished by a fine of not more than five hundred dollars, to be 5 equally divided between the complainant and the town; and for any 6 subsequent offence by imprisonment for not more than two years. 7

NUISANCES AND CAUSES OF SICKNESS.

relative to

1 SECTION 64. The board of health shall examine into all nui- Regulations 2 sances, sources of filth and causes of sickness within its town, or nuisances, etc. 3 on board of vessels within the harbor of such town, which may in 11. 4 its opinion be injurious to the public health, shall destroy, remove

1797, 16, §§ 3, 5, R. S. 21, §§ 5,

5 or prevent the same as the case may require and shall make regula- G. §. 26, §§ 5,7.

P. S. 80, 18, 97 Mass. 221.

s

163 Mass. 240.

6 tions for the public health and safety relative thereto and relative to 20. 7 articles which are capable of containing or conveying infection or 125 Mass. 196. 8 contagion or of creating sickness which are brought into or con9 veyed from its town, or into or from any vessel. Whoever violates 10 any such regulation shall forfeit not more than one hundred dollars.

1

house drain

1877, 133, § 5.

SECTION 65. The board of health of a city, and the board of relative to 2 health of a town if authorized by the town, may make and enforce age. 3 regulations for the public health and safety relative to house drain- 1881, 185. 4 age and its connection with public sewers, if a public sewer abuts 1889, 108. 5 the estate to be drained. Whoever violates any such regulation 6 shall forfeit not more than one hundred dollars.

P. S. 80, § 12.

1

to

SECTION 66. Said board shall order the owner or occupant of Nuisances, etc. 2 any private premises, at his own expense, to remove any nuisance, by owner. 1797, 16, § 11. 3 source of filth or cause of sickness found thereon, within twenty- R. S. 21, § 10. 4 four hours, or within such other time as it considers reasonable, 18, 39 5 after notice; and the owner or occupant shall forfeit not more than 9:26;1 6 twenty dollars for every day during which he knowingly violates 98 Mass. 431. 7 such order.

211, § 3.

P. S. 80, §

132 Mass. 71. 143 Mass. 113.

1 SECTION 68. If the owner or occupant fails to comply with such 2 order, the board may cause the nuisance, source of filth or cause of 3 sickness to be removed, and all expenses incurred thereby shall be 4 paid by the person who caused or permitted the same, if he has had 5 actual notice from the board of health of the existence thereof.

1

order for

1849, 211, § 4.

P. S. 80, § 22.

SECTION 67. Such order shall be in writing, and may be served Service of 2 personally on the owner, occupant or his authorized agent by abatement. 3 any person authorized to serve civil process, or a copy of the order G. S. 26, § 9. 4 may be left at the last and usual place of abode of the owner, OC- 143 Mass. 113. 5 cupant or agent, if he is known and within the commonwealth. 6 If the premises are unoccupied and the residence of the owner or 7 agent is unknown or is without the commonwealth, the board may 8 order the notice to be served by posting it on the premises and by 9 advertising it in one or more newspapers.

Board to re

move. when.
1797, 16, § 11.

Rs.1, 11.
G. S. 26, 10.

1849, 211, § 5.

P. S. 80, § 23. 98 Mass. 445.

1

regulated.

SECTION 69. If the city council of a city or a town having a Location of 2 population of more than five thousand accepts the provisions of this petals 3 section, or has accepted the corresponding provisions of earlier 180,744 4 laws, no privy vault shall be constructed upon premises which are 5 connected with a public or private sewer or which abut on a public 6 or private street, court or passageway in which there is a public 7 sewer opposite thereto, without permission in writing having first

Eviction from
unfit dwelling.
1850, 108.

G. S. 26, § 11.
P. S. 80, § 24.

Removal of nuisance. 1801, 16, § 3. R. S. 21, § 12. G. S. 26, § 12. P. S. 80, § 25.

been obtained from the board of health of such city or town. 8 And if, in the opinion of said board, a privy vault so situated is 9 injurious to the public health, it shall declare the same to be a 10 nuisance and shall forbid its continuance, and the provisions of the 11 three preceding sections shall apply thereto.

12

Compulsory examination of premises. 1816, 44, § 2. R. S. 21, § 14. G. S. 26, § 14. 1873, 2, § 1. 1877, 211, § 1. P. S. 80, § 27.

SECTION 70. The board, if satisfied upon examination that a 1 building, tenement, room or cellar in its town which is occupied as 2 a dwelling place, has become, by reason of the number of occupants, 3 uncleanliness or other cause, unfit for such purpose, and is liable to 4 become a nuisance or be a cause of sickness to the occupants or to 5 the public, may issue a notice in writing to such occupants or any 6 of them, requiring the premises to be put into a cleanly condition, 7 or to be vacated within such time as the board may deem reason- 8 able. If the persons so notified neglect or refuse to comply with 9 the terms of the notice, the board may cause the premises to be 10 properly cleansed at the expense of the owner, or may remove the 11 occupants forcibly and close up the premises, which shall not be 12 again occupied as a dwelling place without its permission in 13 writing. If the owner thereafter occupies or knowingly permits 14 the same to be occupied without such permission in writing, he 15 shall forfeit not less than ten nor more than fifty dollars.

16

SECTION 71. If a person is convicted on an indictment for a 1 common nuisance injurious to the public health, the court may order 2 the nuisance to be removed or destroyed at the expense of the 3 defendant, under the direction of the board of health.

4

Injunction of
nuisance.
1827, 88.
R. S. 21, § 13.

SECTION 72. The superior court shall have jurisdiction in equity, 1 either before or pending a prosecution for a common nuisance 2 G. S. 26, 13. affecting the public health, to enjoin the maintenance of such nui- 3

P. S. 80, § 26.

sance until the matter is decided or the injunction is dissolved.

4

SECTION 73. If the board considers it necessary for the preser- 1 vation of life or health to enter any land, building or premises, or 2 go on board a vessel within its town, for the purpose of examining 3 into and destroying, removing or preventing a nuisance, source of 4 filth or cause of sickness, and the board, or any agent thereof sent 5 for that purpose, is refused such entry, any member of the board 6 or such agent may make complaint to a justice of any court of 7 record or to a magistrate authorized to issue warrants in criminal 8 cases, who may thereupon issue a warrant, directed to the sheriff 9 or any of his deputies, to such member or agent of the board, or to 10 any constable of such town, commanding him to take sufficient aid 11 and at any reasonable time repair to the place where such nuisance, 12 source of filth or cause of sickness complained of may be, and to 13 destroy, remove or prevent the same, under the direction of the 14 board.

15

Land deemed a nuisance, when.

1868, 160, § 1. P. S. 80, § 28. 1887, 338, § 1. 132 Mass. 71. 160 Mass. 486.

SECTION 74. Land which is wet, rotten, or spongy, or covered 1 with stagnant water, so that it is offensive to residents in its viein- 2 ity or injurious to health, shall be deemed a nuisance, which the 3 board of health of the city or town where it lies, upon petition and 4

163 Mass. 240. hearing, may abate in the manner provided in the following sec- 5

6 tions; but if the expenses of abatement will exceed two thousand 7 dollars, such abatement shall not be made without a previous appro8 priation therefor.

1

for abatement.

SECTION 75. Whoever is injured by such nuisance may, by Application 2 petition describing the premises upon which it is alleged to exist 1868, 160, $2. 3 and stating the nature of the nuisance complained of, apply to the P. S. 80, § 29. 4 board for its abatement; whereupon such board shall view the 5 premises and examine into the nature and cause of such nuisance.

- proceedings P. S. 80, 30.

1568, 160, § 3.

1 SECTION 76. Upon such examination, if the board is of opinion 2 that the petition should be granted, it shall appoint a time and place 135 Mass. 490. 3 for a hearing, first giving reasonable notice thereof to the petition- 166 Mass. 399. 4 ers, to the persons whose lands it may be necessary to enter upon to 5 abate the nuisance and to any other persons who may be damaged 6 or benefited by the proceedings, and to the mayor or the chairman 7 of the selectmen, unless the selectmen constitute the board of health, 8 that they may be heard upon the necessity and mode of abating 9 such nuisance, the question of damages and of the assessment and 10 apportionment of the expenses of the abatement.

1 SECTION 77. Such notice shall be in writing, and may be served,
2 of any person authorized to serve civil process, by personal service
3
upon the persons to be notified or upon their authorized agents, or
4 by leaving an attested copy of such notice at the last and usual
5 place of abode of such persons; but if the land is unoccupied and
6 the owner or agent is unknown or out of the commonwealth, the
7 notice to such owner may be served by posting an attested copy
8 thereof upon the premises, or by advertising in one or more news-
9 papers in such manner and for such length of time as the board
10 may order.

and how

Form of notice
served.
P. S. 80, § 31.

1868, 160, § 4.

166 Mass. 399.

nuisance.

1868, 160, § 5.

1 SECTION 78. At the time and place appointed therefor, the board Abatement of 2 shall hear the parties, and thereafter may, in its discretion, cause Damages. 3 such nuisance to be abated by entering upon any land and by P. S. 80, $32. 4 making such excavations, embankments and drains therein and 135 Mass. 490. 5 under and across any streets and ways, as may be necessary; and 6 shall also determine in what manner and at whose expense the im7 provements shall be kept in repair, shall estimate and award the 8 damage sustained by, and the benefit accruing to, any person by 9 reason of such improvements, and what proportion of the expense 10 of making and keeping the same in repair shall be borne by the city 11 or town and by the persons benefited thereby. The board shall 12 forthwith give notice of its decision, in the manner required in the 13 preceding section, to the parties to whom notice is required to be 14 given by section seventy-six and to the assessors of said city or 15 town. The expense of making and keeping such improvements in 16 repair shall be assessed by the assessors upon the persons benefited 17 thereby, as ascertained by said decision, shall be included in their 18 taxes, shall be a lien upon the land benefited thereby and shall be 19 collected in the same manner as other taxes upon land.

1

SECTION 79. A person entitled to notice under the provisions Appeal from 2 of section seventy-six who is aggrieved by the decision of said of nuisance.

adjudication 1887, 338, § 2.

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