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CHAPTER 90.

OF THE BOARD OF CATTLE COMMISSIONERS AND OF CONTAGIOUS

DISEASES OF CATTLE.

Board of cattle com. missioners. 1860, 1992, $ 1; 221, § 1. 1862, 29, $ 1. P. S. 90, $ 12. 1855, 377. 1891, 491, $ 36. 18., 408, $ 1. 1 Op. A. G. 556.

SECTION 1. There shall be a board of cattle commissioners con- 1 sisting of three persons, one of whom shall annually, in May, be ap

2 pointed by the governor, with the advice and consent of the council, 3 for a term of three years from the first day of the following June. 4 The governor and council may remove any member of the board 5 and may revoke the commissions of the entire board if, in their 6 opinion, the public safety will permit. Each member of the board 7 shall receive, as compensation, not more than five dollars a day for 8 each day of actual service and his actual travelling expenses which 9 have been necessarily incurred.

10

Clerks, oficers,

, etc. 1894, 491, $$ 43, 52.

SECTION 2. The board may appoint a clerk who shall receive i 15:23, , . such compensation, not exceeding five hundred dollars a year, as 2

the board may determine. It may also from time to time appoint 3 18:4), 408, $$ 2, 7. officers, agents and assistants, who shall have the authority and 4

powers of inspectors under the provisions of section twenty-three, 5 shall receive such compensation as the board may determine and 6 may at any time be removed by the board.

7

Records and
report.
1887, 252, $ 19.
1894, 491, $ 51.

SECTION 3. The board shall keep a full record of its doings and i

shall annually, on or before the tenth day of January, or sooner if 2 Ism., 400; 33. required by the governor, make a report thereof to the general 3

court, an abstract of which shall be printed in the annual report of 4 the state board of agriculture.

5

Regulations; record of. 1860, 221, $ 6. P.S.SH, 16.

13.

SECTION 4. The board may from time to time make orders and 1

regulations relative to the prevention, suppression and extirpation 2 1994, 491, $$ 3- of contagious diseases of domestic animals, and relative to the in- 3 19:9, 408, $$ 4, 5, spection, examination, quarantine, care and treatment or destruction 4

of such animals which are affected with, or have been exposed to, 5 such diseases, and relative to the burial or other disposal of their 6 carcasses and the cleansing and disinfection of districts, buildings 7 or places in which such contagion exists or has existed. It shall 8 also from time to time make and prescribe forms for records of in- 9 spectors, certificates of examinations, notices and orders of quar-10 antine, orders for killing and burial, and for returns of inspectors 11 which are required by this chapter. All orders and regulations 12 made by the board shall be entered on its records, and a copy 13 thereof shall be sent to each inspector in the city or town to which 14 the orders or regulations apply, and be published by him in such 15 manner as the orders or regulations may prescribe.

16

IIospitals and quarantine. 1800), 221, $ 3. 1878, 24, $ 1. P.S. W, $ 14. 1887, 252, § 11. 1894, 491, $ 41. 1893, 408, $ 6.

SECTION 5. The board may establish hospitals or quarantine 1 stations, with proper accommodations, wherein, under prescribed 2 regulations, animals selected by it may be confined and treated for 3 the purpose of determining the characteristics of a specific conta- 4 gion and the methods by which it may be disseminated or de- 5 stroyed, and may direct inspectors to enforce and carry into effect 6 all regulations made from time to time for that purpose.

7

1892195, $ .

1 SECTION 6. If the board or any of its members or agents, by Isolation, etc., 2 examination of a case of contagious disease of domestic animals, is animals. 3 of opinion that the public good so requires, he or it shall cause the 2192,12 4 diseased animal to be securely isolated or to be killed without 1820:51. 5 appraisal or payment. An order for killing shall be issued in SIM

P. S. 90, $$ 17, 6 writing by the board or any of its members, may be directed to an is

1887, 252, $$ 12, 7 inspector or other person, and shall contain such direction as to the 13. 8 examination and disposal of the carcass and the cleansing and dis- 1383306, 2: 9 infection of the premises where such animal was condemned as the S3 15. 10 board or commissioner consider expedient. A reasonable amount was 11 may be paid from the treasury of the commonwealth for the expense 260,"G. 234, 12 of such killing and burial. If thereafter it appears, upon post mor13 tem examination or otherwise, that such animal was free from the 14 disease for which it was condemned, a reasonable amount therefor 15 shall be paid to the owner by the commonwealth. If any cattle 16 which are condemned as aflicted with tuberculosis are killed under 17 the provisions of this section, the full value thereof at the time of 18 condemnation, not exceeding forty dollars for any one animal, shall 19 be paid to the owner by the commonwealth if such animal has been 20 owned within the commonwealth six consecutive months prior to 21 being killed and the owner has not, prior thereto, in the opinion 22 of the board, by wilful act or neglect, contributed to the spread of 23 tuberculosis ; but such decision shall not deprive the owner of the 24 right of arbitration as hereinafter provided.

1 SECTION 7. The board may make regulations for the inspection Rules for in 2 of meat, which shall conform to the regulations of the United States section of 3 bureau of animal industry for the inspection of meat for export and 13, 401; 35: 4 for interstate commerce.

1885, 148, $4.

1894, 491, $ 49.

1999, 108, Š 10.

1 SECTION 8. The board may examine under oath all persons Examinations 2 who are believed to possess knowledge of material facts relative to write bath. 3 the existence or dissemination, or danger of dissemination, of con- $24.$1. 4 tagious diseases among domestic animals, or relative to any other 5 matter within the provisions of this chapter and each member of said 2 6 board, for the purposes of this chapter, shall have all the powers 1998 *:12. 7 vested in justices of the peace by chapters one hundred and sixty8 one and one hundred and seventy-five to take depositions, to compel 9 witnesses to attend and testify before said board and to administer 10 oaths. Witnesses shall receive the same fees for attendance and 11 travel as witnesses before the superior court. The expense of pro12 curing the attendance of such witnesses shall be paid by the com13 monwealth. Copies of the records of said board, or of any order 14 or regulation issued by it or by any of its members, if duly cer15 tified by its clerk, and any certificate by its clerk of the issuing, 16 recording, delivering or publishing of such orders or regulations 17 under the provisions of section four, shall be competent evidence 18 of such fact in any tribunal.

1 SECTION 9. A member of the board or an inspector may require aid by sheriffs, 2 sheriffs, constables and police officers to assist him in the perform- ***

, 491, $ 57. 3 ance of his duties, and sheriff's, constables and police officers shall 149), 408, § 11. 4 upon request assist such commissioner or inspector and shall have 5 the same powers and protection, while engaged in the performance 6 of their duties, as peace officers.

Quarantine of
imported ani.
mals.
1887, 252, $ 20.

SECTION 10. If animals are brought into this commonwealth 1

from places outside, which, in the opinion of the board, are infected, 2 1934, 49153. they may be seized and quarantined by the commissioners at the 3

expense of their owners or consignees, so long as the public safety 4 requires; and, if in their opinion safety so requires, they may cause 5 such animals to be killed without appraisal or payment.

6

1899, 408, $ 12.

Notice to board
of contagious
diseases.
1860, 219, § 9;
221, § 5.
1878, 24.
1879, 178.

1894, 8$ 29 30.

15.

SECTION 11. The board of health of a city or town, any 1 member or agent thereof or any other person who has knowledge 2 of or reason to suspect the existence of any contagious disease 3

among any domestic animals in this commonwealth, or that any 4 TAX5, ias, 1,2 domestic animal is affected with such contagious disease, whether 5 187, 252, 57. such knowledge is obtained by personal examination or otherwise, 6

shall immediately give notice thereof in writing to the board of 7 1899, 408, $$ 14,

cattle commissioners or to any of its members, agents or inspectors. 8 Whoever fails to give such notice shall be punished by a fine of not 9 more than one hundred dollars ; but no such notice shall be required 10 in the city of Boston relative to glanders, farcy or rabies, which 11 shall be cared for by the board of health of said city. Upon the 12 receipt of such notice, the board shall inspect or cause its author- 13 ized agent to inspect any such animals, and if upon such inspec-14 tion said board or agent suspects or has reason to believe that 15 contagion exists, it or he shall proceed according to the provisions 16 of sections eighteen to twenty-one inclusive.

17

Inspectors of
animals.
1872, 231, $ 1.
1875, 29, $1.
1876, 180, $ 1.
P. S. 58, 81.
1892, 195, $ 1;
432.
1893, 306, $ 6.

$ 1.

Section 12. The mayor and aldermen in cities, except Boston, i and the selectmen in towns shall annually, in March, subject to the 2 approval of the board of cattle commissioners, appoint one or more 3 inspectors of animals, and before the first day of April shall send 4

to said board the name, address and occupation of each qualified 5 18:39, 408, } li inspector. They may remove any inspector, and shall thereupon 6

immediately appoint another in his place and send notice thereof to 7 said board.

8

Inspectors SECTION 13. of animals,

A city or town shall, for each refusal or neglect 1 appointment by board.

of its officers to comply with the requirements of the preceding 2 1893, 306, $$, 5, 6. section, forfeit not more than five hundred dollars. Said board 3 1894, 491, $ 2. 1893, 408, $ 18. may appoint one or more inspectors for such city or town, and 4

may remove an inspector who refuses or neglects to be sworn or 5 who, in the opinion of the board, does not properly perform the 6 duties of his office and may appoint another inspector for the residue 7 of his term.

8

- oath of;
compensation.
1872, 231, $ 1.
1875, 29, $1.
1876, 180, $ 1.
P. S.58, § 1.
1893, 306, $ 5.
1894, 491, $ 2.
1895, 476.

SECTION 14. An inspector shall be sworn to the faithful per- 1 formance of his official duties, and shall receive a reasonable com- 2 pensation from the city or town for which he is appointed. If he 3 is appointed by the board of cattle commissioners, his compensation 4

shall be fixed by said board, shall not exceed five hundred dollars 5 18,3 109, $$ 17, a year, and shall be paid by the city or town for which he is 6

appointed. In towns having a valuation of less than two and one-7 half million of dollars, one-half of such compensation, not exceed- 8 ing two hundred and fifty dollars for each inspector in any one 9 year, shall be paid by the commonwealth.

10

1 SECTION 15. An inspector shall keep a record of all inspections Inspectors 2 made by him and his doings thereon, and shall make regular re- records of. 3 turns thereof to the board. The board shall prescribe the form in 1993; 405; 3 . 4 which and the times at which such records and returns shall be made 5 and it may at any time inspect them and make copies thereof.

duties of. 1894, 491, $$ 3,

1899, 408, $$ 21,

1 SECTION 16. An inspector shall comply with and enforce all
2 orders and regulations which may be directed to him by the board 12.
3 of cattle commissioners or by any of its members. If he refuses 31.
4 or neglects so to do, he shall be punished by a fine of not more than
5 five hundred dollars.

1 Section 17. Said inspectors shall make regular and thorough Inspection of 2 inspections of all neat cattle, sheep and swine found within the animals. 3 limits of their several cities and towns, except as provided in sec- 1991, 497,34 4 tion eleven. Such inspections shall be made at such times and in 1895 496 )

1899, , Š 22. 5 such manner as the board shall from time to time order. They 6 shall also from time to time make inspections of all other domestic 7 animals within the limits of their several cities and towns if they 8 know, or have reason to suspect, that such animals are affected with 9 or have been exposed to any contagious disease, and they shall im10 mediately inspect all domestic animals and any barn, stable or 11 premises where any such animals are kept whenever directed so 12 to do by the board or any of its members; but the provisions of 13 this section shall not apply to the inspection of sheep or swine 14 slaughtered in wholesale slaughtering establishments, or to the 15 obtaining of a license for the slaughtering of such sheep or swine.

healthy con.

1 SECTION 18. An inspector who is satisfied, upon an examination Certificate of 2 of any neat cattle, sheep or swine, that they are free from conta- dition: 3 gious disease, shall deliver to the owner or to the person in charge 1835

, 4*, 2: 4 thereof a written certificate of their condition, in such form as the 1899, 408, Š 23. 5 board shall prescribe, signed by him, and shall enter a copy of said 6 certificate upon his records.

infected ani.

1 SECTION 19. An inspector who, upon an examination of a do- Quarantine of 2 mestic animal, suspects, or has reason to believe, that it is affected ma's. 3 with a contagious disease shall immediately cause it to be quaran- 1858 24,"$ 1. 4 tined or isolated upon the premises of the owner or of the person in Psy. 5 whose charge it is found, or in such other place or inclosure as he 1869, 408, $ 24. 6 may designate, and shall take such other sanitary measures to pre7 vent the spread of such disease as may be necessary or as shall be 8 prescribed by any order or regulation of the board. He shall also 9 deliver to the owner or person in charge of such animal, or to any 10 person having an interest therein, a written notice or order of 11 quarantine signed by him, in such form as the board shall prescribe, 12 and shall enter a copy of said notice upon his records.

1 SECTION 20. Such notice or order may be served by an officer Service of 2 qualified to serve civil process, or it may be delivered by the in- quticenuit 3 spector to the owner or person having an interest in the animal con- isso

, 40; } 25. 4 cerned or to the person in charge of such animal, or it may be left 5 at his last and usual place of abode or may be posted upon the 6 premises where said animal is quarantined or isolated. A copy

thereof, with the return of said officer or inspector thereon that such 7 service has been made, shall be competent evidence in any court 8 that such quarantine has been imposed. If an animal has been so 9 quarantined, it shall remain in quarantine until the further order of 10 the board or of one of its members.

11

Expense of
guarantine.
1900, 219, § 1.
1878, 24, § 1.
P. S. 90, § 1.
1887, 252, $1.
1894, 491, $ 27.
1895, 196, $ 9.
1823, 405, $ 26.
168 Mass. 236.
1 Op. A. G.372.

SECTION 21. If animals have been quarantined, collected or iso- 1 lated upon the premises of the owner or of the person in possession 2 of them at the time such quarantine is imposed, the expense thereof 3 shall be paid by such owner or person ; but if specific animals have 4 been quarantined or isolated under the provisions of section five or 5 section nineteen for more than ten days upon such premises, as 6 suspected of being affected with a contagious disease, and the 7 owner is forbidden to sell any of the product thereof for food, or 8 if animals have been quarantined, collected or isolated on any 9 premises other than those of such owner or person in possession 10 thereof, the expense of such quarantine shall be paid by the 11 commonwealth.

12

Notice of
quarantine
to board.
1894, 491, $ 9.

SECTION 22. An inspector who has caused a domestic animal 1

to be quarantined, as provided in the preceding section, shall im- 2 1899, 403; } 2. mediately give a written notice thereof, with a copy of the order 3

of quarantine, to the board, and shall give such information to no 4 other person.

5

Entry on

SECTION 23. An inspector, duly qualified, may enter any build- 1 . $4, 491, $ 13. ing or part thereof or any enclosure or other place where an animal 2 1x11, 405, $ 28. is kept, for the purpose of inspecting or examining such animal 3

and may examine or inspect the same. Whoever prevents, ob- 4 structs or interferes with such inspector or other person having the 5 power and authority of an inspector in the performance of any of 6 his duties as provided herein, or whoever hinders, obstructs or 7 interferes with his making such inspection or examination, or who- 8 ever secretes or removes any animal, for the purpose of preventing 9 it from being inspected or examined, shall be punished by a fine of 10 not more than one hundred dollars or by imprisonment for not 11 more than sixty days, or by both such fine and imprisonment. 12

Examination SECTION 24. Inspectors shall, in addition to their inspections i of , etc. 1999, 408, 29. of animals for contagious diseases, examine the barns, stables or 2

other enclosures in which neat cattle are kept, with reference to 3 their situation, cleanliness, light, ventilation and water supply, and 4 the general condition and cleanliness of the said neat cattle, and 5 shall make a detailed report, with names and residences of owners, 6 to the board, which shall embody it in its annual report to the 7 general court.

8

Penalties.
1994, 491, $ 34.
189), 408, $ 32.

SECTION 25. An animal which has been quarantined or isolated 1 by order of the board of cattle commissioners or of any of its mem- 2 bers or agents, or of an inspector, shall, during the continuance 3 of such quarantine or isolation, be deemed to be affected with a contagious disease. Whoever knowingly breaks or authorizes or 5 causes to be broken a quarantine so imposed, or whoever, contrary 6 to such order of quarantine or isolation, knowingly removes an 7

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