Board to appoint hearing, etc. Public Statutes, c. 80, § 30. Form of notice, and how served. opinion that the prayer of the petition or any part thereof should be granted, shall appoint a time and place for a hearing, and before the time so appointed shall cause reasonable notice of the time and place to be given to the petitioners, the persons whose lands it may be necessary to enter upon to abate the nuisance, and any other persons who may be affected by the proceedings, and, except in those cities and towns in which the mayor and aldermen and selectmen constitute the board of health, to the mayor or the chairman of the selectmen, that they may be heard upon the necessity and mode of abating such nuisance, and the questions of damages, and of the assessment and apportionment of the expenses of the abatement. 32. Such notice shall be in writing, and may be served, by any Public Statutes, person competent to serve civil process, upon the mayor, or chairc. 80, § 31. man of the selectmen, the petitioners, the owner or occupant of any land upon which it may be necessary to enter, or which may be benefited by the abatement, or the authorized agent of such owner or occupant, or by leaving an attested copy of such notice at the last and usual place of abode of such persons; but if the lands are unoccupied, and the owner or agent is unknown, or out of the state, the notice to such owner may be served by posting an attested copy thereof upon the premises, or by advertising in one or more public newspapers in such manner and for such length of time as the board or health officer may direct. Board after hearing may abate nuisance. Manner of such abatement. Damages, and upon whom assessed. Public Statutes, c. 80, § 32. 33. At the time and place appointed for the hearing, the board or health officer shall hear the parties, and after the hearing may cause such nuisance to be abated, according to its or his discretion; and for that purpose may enter and make such excavations, embankments, and drains upon any lands, and under and across any streets and ways, as may be necessary for such abatement; and shall also determine in what manner and at whose expense the improvements made shall be kept in repair, and shall estimate and award the amount of damage sustained by and benefit accruing to any person by reason of such improvements, and what proportion of the expense of making and keeping the same in repair shall be borne by the city or town and by any person benefited thereby. The damages so awarded shall be paid by the city or town, and there shall be assessed to the several persons benefited by such improvements their proportionate part, to be ascertained as before provided, of the expense of making and keeping in repair such improvements, and the same shall be included in the next city or town taxes of such persons, and shall be a lien upon the real estate benefited thereby, and be collected in the same manner as other taxes upon real estate, and shall be liable to abatement as other taxes now are. 34. The board or health officer shall, within thirty days after the abatement of any nuisance in the manner hereinbefore provided, make return to the city or town clerk of its or his doings in the premises, which return shall be by him recorded in the city or town records. Board to make return of doings to town clerk. Public Statutes, c. 80, § 33. court may appoint commissioners. 35. If the board or health officer unreasonably refuses Or If board unreasonably refuses neglects to proceed in the matter of such petition, the petitioner to act, superior may apply by petition to the superior court or any justice thereof, who, upon a hearing and good cause shown, may appoint three Public Statutes, commissioners, who shall proceed in the manner herein before provided. 36. Any person aggrieved by the decision of the board, health officer, or commissioners, in their estimate and award of damages, may make complaint to the county commissioners for the county at any time within one year after the return to the city or town clerk; whereupon the same proceedings shall be had as in cases where persons or parties are aggrieved by the award of damages by selectmen for land taken for a town way. APPEAL TO COUNTY COMMISSIONERS. c. 80, § 34. Persons aggrieved in award of dam for jury. ages may apply Public Statutes, c. 80, § 35. by refusal of board to abate a nuisance may appeal to county Public Statutes, c. 80, § 36. Party appealing to give notice, etc. Other proceedings. 37. Any person aggrieved by the neglect or refusal of the board of health in a city or town to pass all proper orders abating a nuisance or nuisances may appeal to the county commissioners, commissioners. who may hear and determine the matter of such appeal, and exercise in such case all the powers which the board might exercise. 38. The party so appealing shall, within twenty-four hours after such neglect or refusal, give written notice to the opposite party of his intention so to appeal, and within seven days shall present a petition to some one of the commissioners, setting forth the grievances complained of, and the action of the board of health thereon, and shall thereupon enter into such recognizance before the commissioners, in such sum, and with such surety or sureties, as they shall order. 39. Each commissioner, when acting under the provisions of this chapter, shall tax three dollars per day for time, and five cents a mile for travel to and from the place of meeting, to be paid into the county treasury; and such costs shall in the first instance be paid by the appellant, and the commissioners may award that such costs and any other costs of the proceeding shall be paid by either party, as in their judgment justice shall require. INFECTED PERSONS AND ARTICLES. 40. The board of health of a town may grant permits for the removal of any nuisance, infected articles, or sick person, within the limits of its town, when it thinks it safe and proper so to do. Public Statutes, c. 80, § 37. Costs and expenses, how paid. Public Statutes, c. 80, § 38. Board to make 41. When a person coming from abroad or residing in a town persons infected. in this state is infected, or lately has been infected, with the plague provision for Public Statutes, c. 80, § 40. If infected person cannot be removed, others may be. Public Statutes, c. 80, § 41. Persons may be stationed in places bordering on other states to examine, etc. Public Statutes, c. 80, § 42. or other sickness dangerous to the public health, except as is otherwise provided in this chapter, the board shall make effectual provision in the manner which it judges best for the safety of the inhabitants by removing such person to a separate house or otherwise, and by providing nurses and other assistance and necessaries, which shall be at the charge of the person himself, his parents, or master, if able, otherwise at the charge of the town to which he belongs; or, if he is not an inhabitant of any town, at the charge of the commonwealth. Notice should be given to the town to which the infected person belongs, before commencing an action to recover the expenses incurred by furnishing him with assistance and necessaries. Inhabitants of Springfield v. Inhabitants of Worcester, 2 Cush. 52. The following notice sent by the selectmen of Springfield to the selectmen of Worcester was held to be sufficient: SPRINGFIELD, May 25, 1846. GENTLEMEN,- James E. Belden, a colored man, came here, not far from the 1st of this month, diseased with the small-pox. The expenses of his sickness have been borne by this town, the man himself having no means of paying them. According to the information we have, the town of Worcester is liable for these expenses. We have therefore thought it our duty (although not legally obliged so to do) to notify you of the case, that you may take such measures in regard to it as you may deem proper. We are told Henry W. Miller, of your place, is well acquainted with Belden. The physicians who have had charge of the case state that their patient will probably recover. His disease has been the worst form of small-pox. In behalf of the selectmen of Springfield, TO THE SELECTMEN OF WORCESTER. HENRY MORRIS, Chairman. Inhabitants of Springfield v. Inhabitants of Worcester, 2 Cush. 52. 42. If the infected person cannot be removed without danger to his health, the board shall make provision for him, as directed in the preceding section, in the house in which he may be; and may cause the persons in the neighborhood to be removed, and take such other measures as it judges necessary for the safety of the inhabitants. 43. The board of health of a town near to or bordering upon either of the neighboring states may appoint, by writing, suitable persons to attend at places by which travellers may pass from infected places in other states; who may examine such travellers as it suspects of bringing any infection dangerous to the public health, and if need be may restrain them from travelling until licensed thereto by the board of health of the town to which they may come. A traveller coming from such infected place, who without such license travels within this state, (except to return by the most direct way to the state whence he came,) after he has been cautioned to depart by the persons so appointed, shall forfeit a sum not exceeding one hundred dollars. 44. Two justices of the peace may, if need be, make out a warrant directed to the sheriff of the county or his deputy, or to any constable, requiring them under the direction of the board to remove any person infected with contagious sickness, or to impress and take up convenient houses, lodging, nurses, attendants, and other necessaries, for the accommodation, safety, and relief of the sick. 45. When, upon the application of the board, it appears to a justice of the peace that there is just cause to suspect that baggage, clothing, or goods, found within the town, are infected with the plague or other disease dangerous to the public health, he shall, by warrant directed to the sheriff or his deputy, or to any constable, require him to impress so many men as said justice may judge necessary to secure such baggage, clothing, or goods, and to post said men as a guard over the house or place where such articles are lodged; who shall take effectual care to prevent persons from removing or coming near the same until due inquiry is made into the circumstances. 46. The justice may by the same warrant, if it appears to him necessary, require the officers, under the direction of the board, to impress and take up convenient houses or stores for the safe keeping of such articles; and the board may cause them to removed thereto, or otherwise detained, until, in the opinion of the board, they are freed from infection. be 47. The officers, in the execution of the warrant, shall, if need be, break open any house, shop, or other place, mentioned in the warrant, where such articles are; and may require such aid as is necessary to effect the execution of the warrant. Whoever neglects or refuses to assist in the execution of the warrant, after being commanded to assist by either of said officers, shall forfeit a sum not exceeding ten dollars. 48. The charges of securing such articles, and transporting and purifying the same, shall be paid by the owners, at such rates and prices as may be determined by the board. 49. When a sheriff or other officer impresses or takes up any houses, stores, lodging, or other necessaries, or impresses men, as provided in this chapter, the several parties interested shall be entitled to a just compensation therefor, to be paid by the town in which such persons or property are so impressed. 50. When a person confined in a common jail, house of correction, or workhouse, has a disease which, in the opinion of the physician of the board or of such other physician as it may consult, Return of removal to be made to court. Such removal not an escape. Public Statutes, c. 80, § 50. Parents, etc., to cause children is dangerous to the safety and health of other prisoners or of the inhabitants of the town, the board shall by its 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 its further order. If such person recovers from the disease, he shall be returned to said prison or other place of confinement. 51. If the person so removed is committed by order of court or únder judicial process, the order for his removal, or a copy thereof attested by the presiding member of the board, shall be returned by him, with the doings thereon, into the office of the clerk of the court from which the process of commitment was issued. No prisoner so removed shall thereby commit an escape. VACCINATION. 52. Parents and guardians shall cause their children and wards to be vaccinated. to be vaccinated before they attain the age of two years, and Penalty for neglect. revaccinated when the selectmen or mayor and aldermen shall after five years from the last vaccination require it. For every year's neglect the party offending shall forfeit five dollars. Public Statutes, c. 80, § 51. Selectmen, etc., to enforce vaccination. Pen Public Statutes, c. 80, § 52. 53. The selectmen and mayor and aldermen shall require and enforce the vaccination of all the inhabitants, and, when in their alty for neglect. opinion the public health requires it, the revaccination of all the inhabitants who do not prove to their satisfaction that they have been successfully vaccinated or revaccinated within five years. Every person over twenty-one years of age, not under guardianship, who neglects to comply with any such requirement, shall forfeit five dollars. Towns to pro 54. Towns shall furnish the means of vaccination to such of Public Statutes, their inhabitants as are unable to pay for the same. vide means. c. 80, § 53. Inmates of factories, etc., to be vaccinated. Public Statutes, c. 80, § 54. Towns may make further provision for vaccination. 55. Incorporated manufacturing companies, superintendents of almshouses, state reform schools, industrial schools, lunatic hospitals, and other places where the poor and sick are received, masters of houses of correction, jailers, keepers of prisons, warden of the state prison, and superintendents or officers of all other institutions supported or aided by the state, shall at the expense of their respective establishments or institutions cause all inmates thereof to be vaccinated immediately upon their entrance thereto, unless they produce sufficient evidence of previous successful vaccination within five years. 56. Each town may make further provision for the vaccination of its inhabitants, under the direction of the board of health or a Public Statutes, committee chosen for the purpose. c. 80, § 55. |