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LAWS OF THE COMMONWJSALTH
     Establishing






and defining the powers of
THE BOSTON BOARD OF HEALTH;
WITH THE
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            RULES,                *




ORDERS AND REGULATIONS





           OF SAID BOARD





  RELATIVE TO INTERNAL HEALTH,





     QUARANTINE OF  VESSELS,





      BURYING GROUNDS, <K
PUBLISHED BY THE BOARD.
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*%«% 
LAWS,  &e.
                   RELATING TO


THE  BOSTON  BOARD OF HEALTH.
         An  Act to ernpo ver the Town of  Boston to choose a
            Board of  rlealth, and to prescribe their power and
            duty.

           Sect. I.  BE it entitled by the Senate and Houfe of Represen-
         tatives, in General Court ajfembled, and by the authority of the fame,
         That the inhabitants of  the town  <f B >fton, qualified to vote
         for town officers, fhall, on the firft Wednefday of  April annu-Times of choo«.
1         ally, meet in their refpeclive Wards,  at fuch time and place as ingMemben.
         may  be appointed by the prefent  and fucceeding Boards of
         Health of faid town,  and publifhed in two of the newfpapers
         printed in faid town, feven days previous to the time  of meet-
         ing,  and choofe one able and discreet  perfon, being a freehold-
         er and refident within the Ward for  which he fhall be  chofen,
         to be Member of  a Board  of  Health, which Board fhall con-
         fift of one perfon from each Ward, chofen by a majority of the
         voters prefent, and by ballot:  And the Members of the Board
         of Health, for the time  being, fhall  prefide each in his respec-
         tive Ward, at  fuch meetings ; and on the  neglect, of either of
         them, a Committee chofen by  the Ward  fhall prefide until a
         Clerk  for  fuch  Ward is chofen  by a  majority of the voters
i         prefent;  whofe  duty  it  fhall be to prefide at future  meetings
         of faid Ward, for the enfuing year, to call for the votes, re-
         ceive, count and declare  the  fame in open meeting;  and in
         cafe  it fhall appear that  no choice has  been made,  the ballot
         fhall be repeated until a perfon fhall be elected, at whofe dwell-
         ing-houfe  the Clerk  fhall,  on the fame day,  leave  a  written
         notification of his being  chofen as aforefaid ; and upon his re- Powers of
         fufal or non-acceptance  within four days,  after notice as afore-Clerk.
         faid, the Clerk fhall fummon a  new meeting  of the inhabitants
         of his Ward, at a time and place to be fpecified in two of the
         newfpapers as  aforefaid, three days at leaft previous to  the  in-
         tended meeting.   Provided however, in cafe of refufal to  ferve of 
           any  perfon, at the time of his election in any Ward, the faid
           Ward fhall proceed to a new choice ; and in cafe of the accept-
           ance of any perfon chofen as aforelaid, the Clerk of the Ward,
           where  fuch perfon is chofen,  fhall  notify the Prefident of the
           Board of Health for the time being, or in cafe of his death or
           abfence from Bofton, the oldeft Member of faid Board, of fuch
           choice,  within twenty-four  hours after  fuch  choice  is made;
           and  in all cafes the faid  Board of Health for the time being
           fhall continue in  power and office until a new Board is  chofen
           and organized agreeable to the provifions of this Act.   And the
Powers  of  Prefident of the Board of Health, for the time being,  or  in cafe
President.   of his death or abfence from the town of Bofton, or incapacity
           to attend, the oldeft Member of faid  Board prefent, fhall,  with-
           in five days after the return made to him, by two thirds  of the
           Clerks of the Wards aforefaid, where  and when two thirds of
           faid Members of  faid Board of  Health  are chofen as  aforelaid,
           notify  the new  Members chofen and  returned as aforefaid, to
           meet at the ufual place of the meeting  of faid Board, and fhall
           at fuch meeting preGde until a Prefident and Secretary fhall be
           elected  by the Members of faid new  Board, for faid Board 5
           and  he hereby  is authorized to adminifter to  fuch Secretary an
 Regulations.  oath faithfully to record all  the .votes, orders, proceedings and
           regulations of faid Board, and faithfully to perform all the du-
           ties  of his  said  office, during his continuance therein \  which
           oath fhall be entered and subfcribed  by fuch Secretary on the
           records of faid Board, and attefted by the perfon adminiftering
           the fame ; after which fuch Secretary fhall have the cuftody  of
           the  records,  hooks and  papers of  said  Board;  and  a certified,
           copy of the  votes, orders,  proceedings  and regulations of faid
           Board, or a certified copy from the  records of faid Board, by
           fuch Secretary thereof, fhall be received and admitted  as evi-
           dence  in all  cafes relating to  the proceedings or concerns of
           faid  Board.
              SfcCT.  2.   Be it further  enaBed, That faid Board  of  Health
 Powers,     fhall have power, and it is hereby made their duty, to examine
            into all caufes of ficknefs, nuifances, and fources of  filth that
            may be injurious to the health of the inhabitants of the town
            of Bofton, which do,  or may exift within the limits of the town
            of Bofton, or on any  ifland, or in any veffel within the harbour
            of Bofton, or within the limits  thereof, and the fame to de-
            ftroy,  remove or prevent,  as the cafe may require ;  and when-
            ever faid Board  fhall think it neceflary for the prefervation of
            the  lives or health of the inhabitants of Bofton  to enter forci-
            bly  any  building, or veffel, having been refufed fuch entry by
            the  owner or  occupier thereof, within the  limits of the faic\ 
                             5

Ujvrn of Bofton or the harbour thereof, for the purpofe of ex*
ammirig into, deftroying, removing or preventing any nuifance,
fource cf filth, or caufe of ficknefs aforefaid, which faid Board
have reafon to believe is contained in fuch building or vefFel—
any Member of faid Board, by order of laid Board, may apply
to any Juftice of the Peace, within and for the county of Suf-
folk, and  on oath complain and ftate, on behalf of faid Board,
the tacts  as far as faid Board have reafon to believe the fame
relative to fuch nuifmce, fource of filth or came of ficknefs
aforefaid ;  and  fuch Juftice fhall thereupon iffue his warrant,
directed to  the  Sheriff of the county of Suffolk, or either of
his Deputies, or any  Conftable of the town of Bofton, therein
requiring  them or either of them, taking with them fufficien:
aid and  affiftance,  and  alfo in  company with faid  Board of
Health, or fome two Members of the fame,  between the hours
of funrife and funfet, to repair to the place where fuch nuifance,
fource of filth or caufe of ficknefs complained of as exifting as
aforefaid ; and there, if found, the fame  to  deftroy, remove or
prevent, under the directions and agreeable to the order of faid
Board of  Health,  or fuch Members of the fame, as may attend
and accompany fuel* officer for fuch purpofe.   Provided however, Provi^
that no Sheriff or Deputy Sheriff fhall  execute any civil pro-
cefs, either by  arrefting the  body or attaching  the goods and
chattels of any perfon or  perfons  under colour of any entry
made for  the  purpofes aforefaid,  unlefs fuch fervice  could by
law have  been made  without fuch entry ; and all fervices fo
made, under colour of fuch entry, fhall  be utterly  void, and
the officer making fuch  fervice fhall be confidered as a tref?
paffer to all intents ab  initio,.   And in all cafes where  fuch nui-
fance, fource of filth, or caufe of ficknefs fhall be removed, de*
ftroyed or prevented, in manner aforefaid, the  coft of io re-
moving, deftroying or preventing the fame, together with all
cofts attending the proceedings  relative  thereto, fhall be paid
 by the perfon  or  perfons,  who  caufed or  permitted  the  fame
 nuifance,  fource  of filth, or  caufe of ficknefs  to exift, or in
whofe poffefiion the fame  may  be found.   And in all  cafes
where any contagious  and malignant difbrder exifts,  within the
limits of the town of Bofton, or on  board of  any veffel,  or on
any ifhmd within  the harbour of Bofton, and it appearing to faid
 Board of Health,  after the fame has been examined into by the
 Phyfician cf faid Board, or fbme other refpectable Phyfician cf
 the town of Bofton, that the public fafety requires that any per-
 son or perfons affected with any contagious, malignant difortier,
 fhould  be  removed to the  Hofpital on Rainsford Ifland, or to
 apv other  place within the limits of faid town cf Bofton, qh 
                                                                      1
           any ifland in the harbour of Bofton, or fhould be confined  or
           remain in the place where fuch perfon or perfons thus affected
           then are;  in every fuch cafe  the faid Board of Health fhall
           pafs  an  order  relative to the fame, which order,  all  perfons
           dwelling in or  occupying fuch ph( e, building or veffel, notified
           thereof by faid Board, or called on by faid Board, fhall be oblig-
           ed to obey ; and any perfon refufing to obey fuch order, or re-
           fitting any officer or perfon acting under the  authority of faid
           Board, or any Member of faid  Board, in any of the duties or re-
           quirements in thisfection of this Art, fhall feverally forfeit and
           pay for fuch offence a fum not lefs than five, and not exceed-
           ing five hundred dollars, according to the nature and aggrava-
           tion of the offence.
             Sec. 3.  Be it further enaBed, That the faid Board of Health
           fhall have power to make  fuch rules,  orders  and regulations,
Rules and or-from time to time, for the preventing, removing or deftroying
           of all nuifances, fources of filth and caufes of ficknefs within
           the limits of the town of Bofton, or on board any veffel, or  on
           any ifland in the harbour of Bofton, which they may think ne-
           ceffary;  which rules, orders and  regulations, from and after
           the fame have  been publifhed in two  newfpapers, printed in
           the faid town of Bofton, fhall continue  in force and be  obeyed
           by all perfons, until changed, altered or repealed by the fame
           Board who made them, or by fome fucceeding Board of Health.
           And any perfon or perfons who  difobey  or  violate any fuch
           rules, orders or regulations, fo as aforefaid made by fuch Board,
           fhall feverally forfeit and pay for fuch offence, a fum not lefs
           than one, and not more than fifty dollars, according to  the na-
           ture and aggravation of fuch offence.
             Sec 4.   'Be  it further  enacted, That the  faid  Board  of
           Health fhall have power to feize,  take  and deftroy, or to re-
May seize and move to  any fafe place without the limits of the town  of Bof-
destroy  pro ^pn, or caufe the fame to be done, any unwholefome and putrid
           or tainted meat, fifh, bread, vegetable or other articles  of the
           provifion  kind, or liquor, which in their opinion, firft confult-
           ing the Phyfician of faid Board, qr fome other reputable Phy-
           fician of the town of Bofton, fhall  not be fit for food and nour-
           ishment, and injurious to the  health of thofe who  might ufe
           the fame :  And the coft of fuch feizing, taking,  deftroying or
           removing fhall  be paid for by the  perfon  or perfons in whofe
           poffeffion the fame unwholfome, putrid, Qr tainted article fhall
           or may be  found.
             Sec  5.  Be it further enaBed, That the faid Board of Health
           fhall have power, from time to time, to make and eftablifh  all
           fuch rules, orders and regulations  relating to clothing  or any 
7
article capable of containing or conveying any infectious dif-
eafe,  or  creating any  ficknefs, which may be brought into, or
conveyed from the town of Bofton, or into or from any veffel,
or on or from* any  ifland in the harbour of Bofton, as they
fhall think proper for publick fafety, or to  prevent the fpread-
ing of any dangerous or contagious difeafe.   And all fuch rules,
orders and regulations, fo as aforefaid by faid Board made and
eftablifhed, fhall be obeyed by  all perfons  from and after the
fame  have been publifhed in two of the newfpapers, printed in
the town of Bofton, and fhall continue to be  in full force until
altered or repealed  by the Board who made and eftablifhed
the fame, or fome other fucceeding Board ;  and every perfon
who fhall difobey or violate any of fuch rules, orders and reg-
ulations, fhall  forfeit and pay a fum  not lefs than one dollar,
and not more  than one hundred dollars, according to the na- Fines.
ture and aggravation of fuch offence.
  Sec 6.   Be it further enaBed, That the  faid Board Of Health
fhall have power to effoblifh and regulate the quarantine  to  be
performed by  all veffels  arriving within  the harbour of the Quarantine.
town  of Bofton ;  and for that purpofe fhall have power,  from
time  to  time, to eftablifh,  make and ordain all fuch orders,
rules  and regulations relating to faid quarantine, as faid Board
fhall think neceflary for the fafety of the publick and the fecu-
rity of the health of the inhabitants of the  faid town of Bof-
ton ;  which faid rules, orders and regulations, fo as aforefaid
eftablifhed, made and ordained, fhall be obeyed by ail perfons,
and fhall continue to be in force from and  after the fame fhall
have  been publifhed in two newfpapers, printed in the town of
Bofton,  until the fame  are altered or repealed by the faid
Board eftablifhing, making and ordaining the fame, or by fome.
fucceeding Board of Health.  And faid rules, orders and reg-
ulations may extend as well to all perfons arriving in fuch vef-
fels, and to their  property and effects aboard  fuch veffels, and
to all fuch perfons as may vifit, or go  on  board fuch veffels,
after  their arrival in faid harbour of Bofton,  and  to  the  cargo
of all fuch veffels, as to the veffels themfelves ; as alfo to every
matter and thing relating to, or connected  with fuch vefTel,  or
the cargo of the fame, or  to any perfon or perfons going  on
board or returning from the fame; and every perfon who lhall
knowingly or wilfully violate or difobey any of fuch rules, or-
ders and regulations, fo as aforefaid made, eftablifhed or or-
dained by faid Board of Health, fhall feverally forfeit and pay
a fum not exceeding five hundred dollars, according to the na Finc*
ture  and aggravation  of fuch  offence.   And the  Board  of
Health lhall have power at all times, to  caufe anv veffel arriv- 
ed, or
           mg in the harbour of Bofton, which is foul and infected
           whofe cargo is foul and affected with any  malignant an 1 con
           tagious difeafe, to be removed and placed on quarantine ground^
           and the fame to be thoroughly cleanfed and purified at the ex-
           penfe and charge of the owners, confignees or poffeffors of the
           fame ; and alfo all perfons arriving in or going on board fuch
           infected veffel, or handling fuch infected cargo, to be removed
           to Hofpital or Rainsford Ifland, under the care of faid Board,
           and to the Hofpital on the fame, there to remain under the or-
           ders and regulations of faid Board.  All expenfes incurred on
           account of any perfon under the quarantine rules, orders and
           regulations of faid Board of Health, fhall be paid by fuch per*
           fons.
              Sec 7.   Be  it further  enaBed,  That   faid   Board  of
           Health fhall have power, and it fhall be their duty to elect and
Officers   ap appoint a principal Phyfician to faid Board, who fhall refide in
E?lr^d.i  fo.rBofton, and an affiftant Phyfician, who fhall,  during the time
Hofp.t3iUland.of quarantinej refide on Hofpital Ifland, alfo an Ifland-Keeper,
           to refide  on faid  Hofpital Ifland, Boatmen and fuch other Of-
           ficers and Servants as will be neceffary to carry into effect the
           rules,  orders and regulations of faid Board of Health, as it re-
           fpedts the quarantine ; and fhall prefcribe to them  their duty,
           and eftablifh their falary and fees, and difplace or remove them
           at pleafure,  and elect and appoint others in their places;  alfo
           faid Board fhall,  from time to time, eftablifh and regulate the
           fees or expenfes attending the faid quarantine regulations, fhall
           have the  care of faid Rainsford or Hofpital Ifland,  and of the
           Hofpital on the fame, and of all property on faid Ifland  and
           belonging to or connected with the Hofpital on the fame;  and
           fhall annually in the month of January in each year, file in the
           Secretary's Office of this Commonwealth, an exact and true ac-
           count  of  the ftate of the property in and connected with the
           Hofpital eftablifhment on faid Ifland, and of the property be-
           longing to the Commonwealth on faid Ifland, and of all money
           expended thereon.
             Sec 8.  Be it further enaBed, That faid Board of Health
           fhall have power to elect  and  appoint Scavengers, Superintend-
Scavengers and ants of burying grounds,  Funeral Porters or Undertakers, and
Funeral  Port- fuch other Officers and Servants, as fhall be neceffary to carry
c"'         into effect all the powers and duties in this Act given to, or re-
           quired of the faid Board  of  Health,  and to  fix and eftablifh
           their fees of office or compenfation ; and all officers elected or
           appointed by faid Board,  fhall be removeable  from their faid
           offices, at the pleafure of faid  Board,  and others fubftituted. 
9
elected  or appointed in their place.   And a majority  of faid
Board fhall be competent  to transact  any bufinefs which  the
whole Board, were they all prefent, might or could tranfact,
  Sect. 9.   Be it further enaBed, That all the powers and du-
ties which are given to, or required  of the Selectmen of the
town  of Bofton,  by a law of this Commonwealth,  palled the
twenty-fecond day of June, in the year of our Lord  one thou-
fand feven hundred and ninety-feven, entitled " An Act to pre-
vent the Spreading of contagious Sicknefs," and by the feveral
acts in addition thereto, fhall be, and  they hereby are transfer-Transfer or
red to and made the duty of the Board of Health of the townPowers-
of Bofton, any thing in faid laws  to the contrary notwithftand-
ing.   And for all expenfes which may arife in the execution
of their duty, the  faid Board  of Health fhall  be authorized to
draw upon the Town Treafurer  of the  town  of  Bofton;  and
the accounts of faid  Board, including all receipts and expend i-Ejpenfcs.
tures of money, fhall be examined by the Committee of ac-
counts annually chofen by faid town of Bofton for that purpofe,
who lhall report a ftate of  them to the  faid  town accordingly,
and  the fame fhall be  paid by the  Treafurer of faid  town of
Bofton.   And on the death or refignation of  any Member  of
faid Board of Health, the said Board  may caufe such  vacancy
to be filled by a new election from the Ward from which  said
Member  was elected, by directing the Clerk of such Ward to
call a meeting of the inhabitants of fuch  Ward, qualified to elect Vacancies filled
a Member of the Board of Health, to meet  at fuch time and»P-
place, as fhall be notified to him by faid Board ; at which meet-
ing fuch vacancy fhall be filled, and fuch proceedings be had as
are directed in the firft fection of this Act, as to the choice and
return  and notification of the perfon elected  as a Member of
faid Board as aforefaid.
   Sect.  10.  Be it further enaBed, That whenever any  prifoner
confined in the gaol in Bofton, or within the limits of faid  prif-
on, fhall be attacked with any contagious, malignant diforder,
which in the opinion of faid Board of Health, firft having con-
fulted with the Phyfician of faid Board,  or fome other  refpect-
able Phyfician of the town of Bofton,  endangers the  fafety  and
health of the other prifoners in faid gaol, or  the inhabitants of
faid town, and that the fuffering  fuch  prifoners, fo attacked as
aforefaid, longer to remain in faid gaol, or within the limits of May  remove
faid prifon, is not confiftent with the public fafety, or the health «?kp»*"»CT9-
of the  inhabitants  of faid town,  or the prifoners in faid gaol j
in every fuch cafe, the faid Board of Health  fhall make appli-
cation in writing to any two Juftices of the Peace, quorum unus,
therein ftating the facts relative to fuch cafe; and the faid  Juf-
                      B 
                                          10

             tices to whom fuch application fhall be made, fhall examine  in-
             to fuch cafe, and if fatisfied that the facts  ftated are  true, fhall
             iffue their warrant  to faid Board of Health, authorizing and  di-
             recting them to remove faid prifoner  fo  attacked  with fuch
             contagious  and malignant  diforder, to the Hofpital on Rains-
             ford Ifland, or to  fome other  place of fafety, there to remain
             under the directions of faid  Board, until such prifoner either
             recovers or dies ; and in cafe of recovery,  then to be returned
             by faid Board to the place from which he was taken ;  and fuch
             warrant fo  executed  by  faid Board,  or any member  thereof,
             fhall be by them returned, with their doings thereon, into the
             Clerk's Office of the  Court, from which the procefs for com-
             mitting fuch prifoner to gaol, fhall  have iffued •,  and the place
             to which  fuch prifoner fhall  be removed by virtue of fuch or-
             der, fhall be confidered  as the gaol of the  county of Suffolk;
             and every  prifoner removed as aforefaid,  for  the caufes afore-
             faid, fhall not  thereby  be  confidered  as having committed any
             efcape,  fo as to prejudice either himself, his bondfmen, or the
             perfons who had the custody of him in his confinement afore-
             faid.
               Sect. 11.  Be it further enaBed,  That  the faid  Board  of
            Health  of the  town of Bofton  are hereby authorized and em-
            powered, from time  to time,  to make and eftablifh rules, or-
      Buryingders and regulations for  the  interment of the dead  in faid town,
     grounds.to eftablifh the police  of the Burying Grounds, appoint  and lo-
            cate the places where the dead may be buried in faid town,  and
            caufe the places for  the  depofit of the  dead in faid town, and
            the  Burying Grounds, to be  repaired and  properly enclofed.
 Funerals.     Alfo to make regulations for funerals and  funeral proceffions,
            and appoint all neceffary Officers and perfons to carry  the fame
            into effect, and  to  appoint  to them their duties and fees ; and
            fhall alfo have  the  power to eftablifh fuch penalties for the vi-
            olation of any  fuch rules, orders and  regulations, as they may
 Proviso for  think proper :  Provided, no one  penalty for any one  violation
 penalties.     fl^ exceed the fum of fifty dollars.   And all fuch  rules, or-
            ders or  regulations, fo as aforefaid made and eftablifhed  by faid
            Board, fhall be obeyed  by  every perfon, from and after the
            fame have been publifhed in  two of the newfpapers printed in
            Bofton, and fhall continue in full force, until the  fame  are al-
            tered or repealed by  the faid Board, who made and eftablifhed
            them, or by fome fucceeding Board.
              Sect. 12.  Be it further enaBed,  That  the faid Board of
Permits.      Health fhall have power to  grant permits  for  the removal of
            any nuifance, infected article,  or fick perfon, within  the town
            of Bofton, when they think it fafe and proper fo to do j and 
f
                             11

■laid Board,  whenever they  think juftice requires it, may ftcp,
difcontinue,  difcharge or compromise any fuit, complaint or in-
formation, originating under this Aft.   And  all fines, forfeit-
ures, penalties, fums to be paid or recovered, arifing under  any
of the provifions of this Aft, fhall be profecuted for, by and in May prosecute.
the name of « The  Board of Health of the town  of  Bofton,"
by complaint  or information by faid Board, to be made in writ-
ing to fome Juftice of the Peace within and for the county of
Suffolk ;  which faid Juftice, upon faid complaint or information
being  made  to him as  aforefaid, fhall receive the fame,  and
thereupon iffue his warrant, therein reciting the faid complaint
or information, directed to the Sheriff of the county of Suffolk
or either of his Deputies, or any Conftable of the town of  Bof-
ton, commanding them, or either of them, to fummon  the  par-
ty  informed againft or complained of, to appear before him at
 a time and  place to be  named in faid  warrant, to fhew caufe,
 if any they have, why they fhould not pay the fum demanded
 of them in  fuch complaint or information : which  faid warrant,
 fhall  by the officer who receives  the fame,  be ferved  on the
 party informed or  complained againft  as aforefaid,  at  leaft fev-
 en days before the day  in faid warrant ftated, as the faid day of
 trial,  by giving fuch party  in  hand,  a copy of fuch warrant,Forms of Pro-
 reading the fame  to him, or leaving a copy thereof at the laftcess-
 and ufual place of the abode of fuch  party ;  and  if fuch party
 fhall  not appear at the  time and place appointed,  or  appearing
 fhall not fhow fufficient caufe as aforefaid, the faid Juftice fhall
 proceed to  render judgment in every fuch cafe,  that the faid
 Board of Health fhall recover fuch fum in  damages or as fine,
 as the cafe may be, as  according to the provifions of this Act,
 they ought by law to recover, with cofts, and fhall proceed to
 iffue  his execution therefor, in the fame  manner  as executions
 iffue  from  Juftices  of the  Peace in civil cafes  triable before
 them; and fuch executions fhall be ferved and made returna-
 ble in the fame manner as executions in civil actions are by law
 ferved, and made returnable, which iffue on judgments render-
 ed in the Supreme Judicial Court of this Commonwealth : iVff-proyiso.
  vided however, that in all  fuch  profecutions as aforefaid, if the
  faid Board of Health fhall difcontinue fuch profecution or  be-
  come nonfuit, or the  fame  on the merits fhould be decided by
  fuch Juftice trying fuch profecution againft them,  in every  fuch
  cafe, the faid party informed  againft and complained of, fhall
  recover his legal cofts  againft faid Board,  which cofts fhall be
  paid  by the  Treafurer of the town  of Bofton.  And in  every
  profecution  under this Act, before any Juftice of the Peace as
  aforefaid; the party complained againft in fuch profecution, be- 
           ing diffatisfied with the judgment in  the  fame,  given by iuch
Appeals.     Juftice, may appeal therefrom to the Bofton Court of Common
           Pleas,  next  to be holden  at  Bofton, within and for the county
           of Suffolk, after fuch judgment is fo as aforefaid given, or ren-
           dered by fuch Juftice; provided fuch appeal be entered within
           twenty-four  hours after fuch judgment is  given as aforefaid ;
           and the fame proceedings in all refpefts relating to fuch appeal,
           fhall be had as are by law required on appeals from judgments
           rendered in  civil caufes by Juftices of the  Peace in this  Com-
           monwealth j and on the entry of fuch appeal in faid  Court,  the
           faid Court fhall have cognizance  and jurifdiftion of the  fame,
           and fhall proceed to hear and determine the fame in the fame
           manner,  and award execution in  the  fame way and manner as
           they have cognizance and jurifiJiftion, proceed to hear and  de-
           termine and award execution in civil caufes, on appeals to  them
           from judgments given by Juftices  of the Peace in this Common-
           wealth.  And in  all cafes of fuch  appeals  on profecutions  un-
           der this Aft, the party prevailing  in the faid Court  fhall recov-
 Cpsts.      er his cofts,  to be paid in the manner prefcribed in this feftion
           of this Aft:  Provided however, that  no appeal  (hall  be  allowed
           or granted to faid Court in any profecution under the provifions
           of this Aft, where  the amount of the judgment  rendered, and
           had before, and by any Juftice of the Peace, fhall  not amount to
           more than five dollars exclufive  of cofts.  And all fines and
           forfeitures recovered by faid  Board  of Health, under  the pro-
           vifions  of this Aft, fhall inure  to the ufe of the  inhabitants of
           the town  of Bofton, and be  accounted for by  faid Board  o£
           Health, to and with the Town Treafurer of faid  town of Bof-
Proviw.     ton.   And provided  alfo, that in confequence of faid appropria-
           tion of faid  fines  and forfeiture*, or the appropriation of any
           other monies by virtue of this Aft, no inhabitant  of the faid
           town of Bofton fhall be difqualified  as a Juftice of the Perce,
           a witness or  juror in any profecution under  this Aft, nor fhall
           the faid Board of Health or any Member of the  fame, or any
           officer  of  the fame, be rendered thereby incompetent witneffes
           in any profecution under this Act  ;  and the Members of faid
         '  Board of Health, while they continue in fuch office,  fhall be
Ei:emptiont.  exempted  from all militia duty and every  other duty and fer-
           vice, which  by  law the Selectmen  of towns  in this Common-
           wealth are exempted from : and  all laws  heretofore made  re-
           lating to a Board of Health  in the town of Bofton, fo far  as
           they are inconfiftent with or contrary to the provifions of this
Acts repealed. Aft, fhall be, and the fame are hereby repealed.  Provided how-
           ever, that the election of the prefent Board of Health for the
           faid town of  Bofton, and all  their doings under  the faid  law: 
19
are hereby confirmed, and they fhall have and  exercife ail the
powers and duties required Qr permitted by this prefent  Act;
and provided alfot that all  profecutions  now pending,  fhall  be
proceeded in, in the fame way and manner, as though this Act
had never been paffed.   And in all profecutions under this Act,
the perfons  profecuted,  may plead the  general iffue,  and give May plead the
any fpecial matter in evidence  under the fame; and the com-gcncral*-8"e'
plaint, information, pleadings  or proceedings in any  profecu-
tions under this Aft, may, by leave of Court, before whom the
fame  is,  or  m.;y be pending, be amended in  any ftate of fuch
prufecuiion, without the  payment of cofts by either party.
       [Approved by the  Governor, June 20, 1816.]
 An  A&  to prevent the Spreading of  contagious
                         Sickness.
   Sect.  1.   BE it enaBed by the Senate and Houfe of Reprefenta-
 tives,  in  General Court ajfembled, and by the authority of the fame,
 That for  the better preventing the fpreading of  infection, when Selectmen  to
 it fhall happen that any perfon or perfons coming  from abroad, ^1(^e  ^ *
 or belonging  to  any  town or place within this State, fhall be persons   side
 vifited, or fhall lately before have been vifited with the plague, with  contag.
 fmall pox, peftilential or malignant  fever, or other contagiousl0Usd,steniJierSa
 ficknefs, the infection whereof may  probably be communicated
 to others, the Selectmen of the town where  fuch  perfon or
 perfons may arrive, or be, are hereby  empowered to take care
 and make effectual provifion  in the heft way they  can,  for  the
 prefervation of the inhabitants,  by removing fuch fick or in-
 fected perfon or perfons, and  placing him or them  in a  feparate
 houfe or houfes, and  by providing nurfes, attendance, and  other
 affiftance  and neceffaries for  them; which nurfes, attendance,
 and other affiftance  and  neceffaries, fhall be at the charge of
 the  parties themfelves,  their parents  or  mafters   (if able) or
 Otherwise at the charge of the town or  place whereto they  be-
 long;  and in cafe fuch perfon or perfons are not inhabitants of
 any town  or place within this State, then  at the charge of the
 Commonwealth.
   Sect. 2.  And be  it further enaBed, That any perfon or per-.Person  arn>
 fons coming from any place out of this  State, where the fmall|n^c[g" !"*«•.
 pox or other malignant diftemper is prevailing,  into any town formSelectmcr..
 within this State, fhall, when  thereto required by the Selectmen
of fuch town,  within the fpace of two hours from the time  they
fhall be firft informed of their duty by law in  this particular,
ciye notice to one or  more of the Selectmen, or the Clerk of 
14
           fuch town, of their coming there, and of the place from whence
           they came, upon pain of forfeiting, in cafe  of  neglect,  the  fum
           of one hundred dollars.   And fuch perfon or perfons, if not dif-
dTn a perso"faD^e(l hy  ficknefs,  fhall, within  the fpace  of two hours after
so directed bywarr"ng given to him or them by the Selectmen of fuch town
the Selectmen.for that purpofe, depart from this State, in fuch manner and by
           fuch road, as the faid Selectmen  fhall direct;  and in cafe of
           refufal,  it fhall be  lawful for  any Juftice of  the Peace  in the
           county  where fuch town may lie, by  warrant  direfted to a
           conftable  or  other  proper officer, or other perfon  whom the
           Juftice fhall judge proper, to caufe fuch perfon or perfons to be
           removed into the State from whence he or they may have  come;
           and any perfon removed  by warrant as aforefaid, who,  during
Penalty for re-tjje prevaience 0f fucn diftemper, fhall  prefume to return into
turning, with-    *      .  . .  „       . ,   r ...      £ n  ,   .  i r     r  i
out  previousanv town  °* this State, without liberty  firft  obtained from luch
permission.   Juftice, fhall forfeit and pay the fum of four hundred dollars:
           And  any inhabitant of this State, who fhall entertain  in his
      f    houfe any perfon warned to depart as aforefaid, for the fpace of
taining   per-two  hours after notice given him  of fuch  warning, by  one  or
sons warned to more of the Selectmen aforefaid, fhall  forfeit  and pay the fum
depart.      0f fW0 hundred dollars.
             Sect. 3.   And be it further enaBed, That it fhall and may be
           lawful for the Selectmen of  any town near  to, or bordering
           upon, either of the neighbouring States, to appoint by writing
           under their hands, fome meet perfon  or perfons to attend at
Persons may be ^ries  or other places by or  over which  paffengers may pafs
appointed   to from fuch infefted places;  which perfon or perfons fo appoint-
atten&c3t fer"e(*» ^ia^  nave Power  to  examine fuch paffengers as they may
           fufpeft to bring infection with  them, and, if need be, to  hinder
           and  reftrain  them  from travelling,  until licenfed thereto by a
           Juftice of the Peace within  fuch  county, or by the Selectmen
           of the town in which fuch perfon  or perfons may come; and
1 heir power. any  paffenger, who  coming  from  fuch infefted  place,  fhall
           (without licenfe aforefaid) prefume  to  travel  within this State,
           unlefs it  be  to return by the moft direct way  to the State from
           whence he came, after  he fhall be  cautioned to depart by the
           perfon  or perfons  appointed as aforefaid,  fhall forfeit and pay
           the  fum of one hundred dollars; the feveral forfeitures aforefaid
           to be recovered by action of debt in  any Court of Record prop-
           er to try the fame ; one  moiety to and for the ufe of the town
           ■where the offence fhall be committed, the other moiety  to the
           ufe of the perfon who may fue for the fame.
Sheriffs,   &a   Sect.  \.   And  be it further enaBed, That if need be, any
may be requir two  Juftices of the Peace may make out a warrant, direfted to
ed to  remove the  Sheriff of |he Count  or his Deputy, or Conftable  of the
infected perlons                         j['          rr         r         u
or  take  up town, or place where any luch  lick perfon or perfons  may Dej
houses, <fcc, 
 4

                             u

 requiring them or any of them,  in  the  name  of the Common-
 wealth, with the advice and direction of the Selectmen of the
 fame,  to  remove  fuch infefted  perfon or perfons, or to imprefs
 and take  up convenient houfes, lodging, nurfes, attendance and
 other neceffaries, for the accommodation, fafety and relief of the
 fick.   And fuch Sheriff, his Deputy and Conftable, are hereby
 authorized and required to execute fuch warrant accordingly.
   Sect. 5.  And be it further etia&ed, That whenever  there  oodsBa|gage'
 may be brought into  any town within this State, either from be° secured, 'if
 any other town  therein, or from parts without the State, any infected.
 baggage, clothing  or goods of any kind whatfoever, and it fhall
 be made to appear by the Selectmen of the town to which fuch
 baggage,  clothing, or  other goods fhall be brought, or by the
 major  part of  fuch Selectmen, to the fatisfaftion of any Juftice
 of the Peace, that there is juft caufe to fufpeft fuch  baggage,
 clothing,  or other goods, to be infefted with the plague, fmall
 pox, peftilential fever,  or other malignant contagious diftemper,
 it fhall be lawful for fuch Juftice of the Peace, and he is here-
 by required in fuch cafe, by warrant under his hand  and feal,
 direfted to  the Sheriff, or  his Deputy,  or  any Conftable of |the
 town in which  fuch baggage, clothing, or other goods fhall be,
 requiring  him  to  imprefs  fo many  men  as faid Juftice fhall
 judge neceffary to fecure fuch baggage, clothing, or other goods,
 and faid  men to poft  as a guard and watch over  the houfe  or
 other  place or places where fuch baggage, clothing, or  other
 goods  fhall be  lodged ; which  guard and watch are hereby re- T<> be guarded.
 quired to take effectual care to  prevent fuch baggage,  clothing,
 or other  goods, being removed or intermeddled  with, by any
 perfons whatfoever, until due inquiry be made into the circum-
 stances thereof; requiring likewife the faid Sheriff, his Deputy,
 or the Conftable  aforefaid, if it fhall appear neceffary, with  the
 advice and  direction of faid Selectmen, to imprefs and take up If necessary, ts
 convenient  houfes or  ftores, for the receiving, lodging and fafe]?e  st°red  *>N
 keeping of fuch baggage,  clothing, or other goods, until the fectionrom  in"
 fame fhall be fufficiently cleanfed from infection : And in cafe it
 fhall appear highly probable to the faid Juftice, that fuch bag-
 gage, clothing, or  other goods,  are infefted as aforefaid, he is
 hereby empowered and direfted  to iffue his warrant in  manner
 as aforefaid, requiring faid Sheriff, his Deputy, or any Confta-
 ble,  or other  perfon therein fpeclally named, to remove faid0r maY Dere»
 baggage,  clothing, or  other goods, to  fome convenient place, ^°t*„ce "   a
 where  there fhall be the leaft danger of the infection fpreading;
 there to remain, until  the  fame fhall be fufficiently aired andWarc   houses
freed from/infection in the opinion of said Selectmen : And the &c.  may  be
faid  Sheriff, Deputy Sheriff, or Conftable, in the execution ofbroken  UP  .»"
faid warrant?, are empowered and direfted, if need be, to break ^"^   ° b'"^
up any houfe,  ware-houfe,  fhop or other place, particularly gage, ike. 
                                         16

            i.ieutioned in faid warrant,  where  fuch  baggage, clothing, or
            other goods  fhill be ; and in cafe of oppofition, to require fuch
            aid as fhall be neceffary to effect the execution of faid warrants,
Citizens are toand repel fuch oppofition; and all perfons are hereby required,
if called""""'3* tne commandment of either of the faid  officers,  having either
          '  of the warrants aforefaid, under penalty of ten dollars, to be re-
            covered before any Juftice of the Peace in the County where
            fuch oppofition may happen,  to affift fuch  officer in  the execu-
            tion of the fame warrant, againft any oppofition  as  aforefaid j
moval^&c. To311^ tne  cnarges  or* fecuring fuch baggage, clothing,  or  other
be defrayed bygoods, and of airing and  tranfporting  the  fame, fhall be borne
the owners,   and paid by the  owners thereof, at fuch rates  and prices as
            fhall be fet and appointed by the Selectmen of the town, where
            fuch baggage, clothing or other goods fhall be, to be recovered
            by action of debt, by any perfon or perfons who may have  been
            employed in the bufiness aforefaid, in any  Court of Record pro-
           per to try the fame.
Inquiry  to be   Sect.  6.  And be it further enaBed, That inquiry  fhall  be
made of vessels made by the officer or other  perfon on duty at the Caftle in the
passing    the harbour of Bojlon, of every veflel coming from fea,  and palling
Casdc-        by the faid Caftle, whether any infectious  ficknefs be on board,
            or has been on board, fince fuch veffel  left the port from whence
            fhe laft came ; and if any fuch veffel has any ficknefs on board,
Vessels  to be or j^s had any  on  board, fince  her leaving fuch port, in fuch
ceived  ' infec- ca^e> orders fhall be  given by faid officer, or other perfon on
tious.       duty, to the mafter or commander of fuch  veffel, immediately to
           anchor, and to remain at anchor until a certificate fhall be ob-
           tained from the major part of the Selectmen of the town of Bojlon,
           that they are of opinion  fuch veffel may come up to the town
           without danger to the inhabitants, or until the faid mafter  or
           commander fhall receive orders from the faid Selectmen to  an-
            chor his veffel near the Hofpital  on Rainsford Ifland, in  the
Penalty    forharbour of Bojlon.   And in cafe  any mafter or commander of
falsely anfwer-a veffe\ (hall, by  himfelf or the people on board,  make  falfe
»ng at t  e Cas*anfwerj  wnen inquired of as  aforefaid, by the officer or other
           perfon on duty  as aforefaid, or after orders are given as afore-
           faid, fhall neglect or refufe to anchor near  the Caftle as afore-
           faid, or come on  fhore, or fuffer any paffenger or other perfon
           belonging to the  veflel to come on fhore, or any goods to be
           taken out before the veffel fhall have anchored, or without  lib-
           erty from the Selectmen  as aforesaid; or  in cafe any mafter or
           commander of a  veffel ordered  to  anchor near  the Hofpital
           aforefaid,  fhall neglect  or refufe  fo  to do; in every fuch cafe,
            every mafter or commander fo offending, fhall forfeit and pay
            for each  offence the fum of four hundred dollars, or fuffer fix.
            months imprifonment. 
17
  Sect.  7.   And be it further enaBed, That upon application Goods fuppoi-
made to the Selectmen of the town of Bofton, by any mafter or £™; ™™ '£
commander of any veffel at anchor near the Hofpital as aforefaid, permitted to be
the faid Selectmen are hereby empowered to  permit fuch  paf- landed.
fengers, goods, or lading, as they fhall judge free from infeftion,
to come on  fhore, or to  be taken out and  difpofed of as  the
owners fhall fee fit;  and fuch paffengers and goods as fhall not
be permitted as aforefaid, fhall remain on board, or be landed
on faid Ifland :  And if any mafter or commander of any fuch Pen°r,hojd"nl,
Veffel, for the time being, fhall come on fhore, or fuffer any of ^munication
his people or paffengers to come on fhore, or any boat to come with perfons on
on board, or fuffer any goods to be taken out of his veffel, un- fl»orc,forbiddcii
lefs permitted as  aforefaid, or fhall come up to faid town, with mjttgfa y pCr
his veflel, until by a certificate under the hands of faid Select-
men, or the major part of them, it fhall appear that faid veffel,
 company and goods are  clear of infection,  and the orders for
 flopping the fame be removed or taken off, he fhall for every
 fuch offence forfeit the fum of two hundred dollars;  and in cafe
 he be not able to pay that fum, he  fhall fuffer  three  months
 imprifonment; and if any failors or paffengers, coming in faid
 veffel, fhall, without the knowledge or content of the mafter or
 commander, prefume to come on fhore, or up above the Caftle
 aforefaid ;  or if any perfon fhall knowingly prefume to go on
 board from fhore, or go to the aforefaid Houfe or Ifland in time
 of infection there, without leave as aforefaid $ or if any perfon
 put fick into the faid houfe, or fent there on  fufpicion of being
 infefted, fhall  prefume to go off the faid Ifland without leave as
 aforefaid ;  any perfon offending in any of the particulars above
 mentioned, fhall forfeit  the fum of two hundred dollars s and in
 cafe fuch perfon be not  able to  pay faid forfeiture, he fhall fuf-
 fer two months imprifonment.  All  profecutions for offences
 contrary to this and the preceding feftion, fhall be by indict-
 ment  or information in the Supreme Judicial Court or Court
 of General Seflions of the Peace ;  and one moiety of all  fines
 mentioned  in faid feftions,  fhall be to the  ufe of the town of
 Bojlon, and  the other moiety to  the ufe of the Selectmen of faid
 town  for the time being, whofe particular duty it is hereby made
 to profecute therefor.
   Sect. 8. And  be it further enaBed, That  whenever  any Vessels may be
 fhip or veffel,  wherein any infection or infectious, ficknefs hath p^hiand. °
 lately been, fhall come  to  any harbour within this State  ; or
 whenever any perfon or perfons belonging to, or that may eith-
 er by fea or land come into  any town or place near the public
 Hofpital aforefaid, shall be vifited, or shall lately before  have
 been vifited with any infectious ficknefs, two of the Juftices of
 the Peace or Selectmen of fuch place,  be, and hereby are em-
 powered immediately to order the  faid veffel and fick perfons
             C 
18
            to the faid Hofpital, there to be taken care of according to the
            directions of this Aft : And where any fuch fhip, veffel, or per-
            fons, cannot, without great inconvenience and damage, be or-
            dered to the aforefaid Hofpital, in any fuch cafe, the rules and
            directions are  to be obferved which  are  provided  in the firft
 in case of refu-enafting claufe of this Aft.  And in cafe the mafter or mariners
 sal togo tothe0f any veflel ordered to the Hofpital as  aforefaid,  fhall refufe
  ° pita'     or delay, for the fpace of fix hours after  fuch order being giv-
            en to faid mafter, or either of the owners of faid veffel, or of
            the factors, or either of faid owners of the good^, to come to
            fail,  if wind and weather permit, in  order to proceed  to faid
            Hofpital, fuch mafter fo refilling, fhall forfeit  and pay the fum
            of four hundred dollars ; and each mariner fo refufing, the fum
            of one hundred  dollars ; and in cafe they be not able to pay faid
            fums, they  fhall fuffer fix  months imprifonment;   one  half of
            faid fine  to be to the informer, and  the other half to the  poor
            of the town or diftrift, to which fuch port or  harbour belongs,
            and to be recovered in any Court of  Record proper to try the
            fame, by indictment or information
 Perfons  nfus-  Sect.  9.  And be it further enaBed, That if any mafter, fea-
 wg to^ answer man OJ. paffenger> belonging to any veffel on board which any
 que^tionecT bym^ec^'on  1S> or mav  ,ave lately been, or fufpeftedto have been,
 the Selectmen,  or which may  have come from any port  where any infeftious
            mortal diftemper prevails, fhall refufe to make anfwer on  oath
            to fuch queftions as may be afked him or them relating to fuch
            infection, by the Selectmen  of the town  to which fuch veffel
            may come,  (which oath the faid Selectmen are hereby empow-
            ered to adminifter)  fuch  mafter,  feaman,  or paffenger,  fo re-
            fufing, fhall forfeit the fum of two hundred dollars ;  and  in cafe
            he be not able to pay faid fum, he fhall fuffer fix months im-
            prifonment ; faid penalty to  be adjudged on profecution by in-
            dictment  or information  in any Court proper to try the fame ;
            one moiety of faid fine to the ufe of the town where the offence
            may be committed, and the other moiety  to the ufe of the Se-
            lectmen thereof, whofe  particular duty  it is  hereby made  to
            profecute therefor.
Nurses, &c. to  And the Selectmen of  Bofton are hereby authorized and di-
be provided,   refted to provide nurfes, affiftance, and other neceffaries, for the
      *t    comfort and relief of fuch fick  perfons  as  may  be fent  to
           faid Hofpital as aforefaid : The charge thereof to be borne by
           the faid perfons themfelves, if able ; or if poor and unable, by
           the towns to which they refpeftively belong ;  or if not inhabit-
           ants of any  particular town, or other place within  this State,
           then by the Commonwealth.
             Sect.  10.  And be  it further enaBed,  That  whenever the
           fmall pox, or other mortally infeftious diftemper fhall  prevail
           in any of the towns wherein the  Supreme Judicial Court of 
f
is
this Commonwealth, the Courts of Common Pleas, or General
Seffions of the Peace are to be holden, at the times prefcribed Courts may ad-
by law, or by their own adjournment, for their fitting m fuchfcaious  towns
town, the Juftices of the  faid  Courts refpeftively are hereby
empowered to adjourn and hold faid  Courts in any town with-
in the fame County, by proclamation to be made in the fhire
town,  or as   near  the fame as  fafety  will  in their opinion
permit.                                             ,.* •«
   Sect If.   Be it further enaBed, That each town or diftrift Health  Com-
in this  Commonwealth may, at their meeting held  in March ^eeoK)fficer
or April annually, or at any other meeting legally warned forpointcd-
the purpofe, when they fhall judge it to be neceffary, choofe
and appoint a Health Committee, to confift  of  not leis  than
five, nor more than nine fuitable perfons, or one perfon to be a
Health Officer, whole duty it fhall be  to remove  all tilth of
any kind whatever, which fhall be found in any of the ftreets,
lanes,  wharves, docks, or in any other place  whatever, with-
in the limits of the town to which fuch  Committee  or Health
Officer belongs, whenever fuch filth fhall in their judgment
endanger the lives or the  health of the inhabitants thereof:  all
the expenfes whereof to  be paid by the perfon or perfons who
placed  it there, if known, or if not, by the town by  which faid
Committee or Health Officer was appointed.   And  whenever
any filth as aforefaid fhail be  found  on private property,  faid
Committee or Health Officer fhall notify and order the owner
or occupier thereof,after twenty four  hours notice,to remove the
 fame, at their own expenfe ; and in  cafe faid  owner or occupier
 fhall neglect to remove fuch filth from his or her property, af-
 ter the expiration of the time aforefaid, he or they fo offending
 fhall forfeit and pay a fine of one hundred dollars,  to be fued for
 and recovered with cofts  of fuit by  faid Committee or Health
 Officer, before any Court proper  to  try the fame, for the ufe of
 the poor of the town in which fuch offence is committed.   And
 faid owner or occupier as aforefaid fhall be liable and obliged
to repay to faid town all coft and charges which the faid Com-
 mittee or Health Officer  may have  incurred in  removing the
 filth from his or her property; and  in cafe of refufal to pay the
 fame, he or they may be  fued in  the fame way as is provided in
 this Aft for the recovery of fines as  aforefaid.
   SecT. 12.  And be it  further  enaBed, That  whenever any Infccfioui  yes
 veffel fhall arrive at any port other than Bofton within this Com-sclS) how to be
 monwealth,havingon board any perfon vifited with the plague, deposed  of at
 fmall pox, malignant fever, or any other peftilenttal difeale, the^jj™
 mafter, commander, or pilot thereof, fhall not bring fuch veflel
 up near the town of the port where  fhe firft arrives, until lib-
 erty be firft granted in writing by the  Selectmen thereof; but
 'hey  mav bring fuch  veffel to an anchor in  fuch place below 
                                       20

           the town as will be moft for the fafety of the inhabitants there-
           of, and the prefervation of the veflel and the people on board,
           there to wait  for orders from  the  Selectmen of fuch  town
           before any paffenger or perfon belonging to, or any thing on
           board the  fame be brought  on fhore ;  and  any  mafter or
           commander of fuch veffel, who fhall be found guilty of a breach
           of the law contained in this  fection,  fhall forfeit and pay a
           fine of two hundred dollars for every fuch offence, upon convic-
           tion thereof before any Court proper to try the  fame; and any
           Pilot who may go on board any fuch veffel and pilot the  fame
           up to the town, without liberty firft had and obtained from the
           Selectmen thereof as aforefaid, fhall,  upon  conviction in  man-
           ner as aforefaid, forfeit and pay a fine offifty dollars for every
           fuch offence ; all which fines contained in this fection may be
           fued for and recovered with cofts of fuit,  in manner as afore-
           faid, by the Selectmen of the town where the  offence  is  com-
           mitted, to and for the ufe of the fame town.
Previous  laws  SecT.  13.  And be it further enaBed, That a law  of this
rcpea ed.     Commonwealth, made in the year one thoufand feven hundred
           and one, providing in cafe of fickness ; one other law made in
           addition thereto, in the year one thoufand feven hundred and
           fifty-one; one other law made in  the year one thoufand fev-
           en hundred and thirty, empowering Courts to adjourn and re-
           move from the towns appointed by  law for holding Courts, to
           other towns, in  cafe of ficknefs by the fmall pox ; one other
           law made in the year of our Lord one thoufand feven hundred
           and fifty-feven, for regulating the Hofpital  on  Rainsford's Ifl-
           and, and further providing in cafe of ficknefs ;   one law pafled
           the  next year in addition thereto ;  one other law made in the
           year one thoufand feven hundred  and forty-two, to prevent
           the fpreading of the fmall pox, and other infeftious ficknefs, and
           to prevent the concealing the fame,  be, and they are hereby re-
           pealed ; except that the fame fhall remain in force for the pur-
           pofe of recovering all fines incurred by force thereof.

                        [This Aft paffed June 22, 1797.]



           An  Act in addition  to an Act,  entitled,  " An Aft to
              prevent the Spreading of contagious Sickness."

               WHEREAS it it neceffary  that  fome further  provifion
Preamble     fhould be made  by law, to  require veffels  to perform quaran-
           tine, for the fafety of the people in this Commonwealth :
             SeCT.  i.   Be it enaBed by  the Senate  and Houfe of Reprefent-
           aiives,  in General Court ajfembled, and by the authority of the fame,
           That whenever it fhall  appear to the Selcftmen of any  fen port 
t
91
 town within this Commonwealth (other than Bofton and Sa/em)sdec}Ktn ,u'
 that the fafety of the inhabitants thereof requires, that any vef-thonzed"
 fel,  or veffels, which fhall arrive in any harbour  or river within
 this Commonwealth, from any  port  or place, fhould perform
 quarantine, the Selectmen of any town where fuch veflel fhall
 fb arrive, are hereby required and empowered to  caufe fuch vef-
 fel or veffels to perform quarantine, at fuch place as they fhall
 appoint, and under fuch reftrictions and regulations as they may
 judge expedient;  and any owner, mafter or fupercargo, officer,
 feaman or confignee of fuch veffel or veffels, or any other perfon
 who fhall neglect or refufe to obey the orders, directions, rules,
 regulations and reftrictions of the faid  Selectmen, refpefting the
 faid quarantine, and  fhall be convicted thereof, upon  indict-
 ment  or  information,  before the Supreme Judicial Court  or
 Court of General Seffions  of  the Peace,  held  in the  county
 where the offence may be committed, fhall forfeit and pay a Penalty for dis-
 fum not  exceeding five hundred dollars,  or be imprifoned for obeying erder*,
 a term of time not exceeding fix months, or both, at the difcre- ofselectmen C>
 tion of the Court having cognizance of fuch offence.
   Sect. 2.   Be it further enaBed,  That when  any  mafter  or Attention to be
 commander  of any veffel fhall come up to any feaport town paid to any in-
 aforefaid, with his  faid  veffel, after notice given  to him  by anyfonna"°n   oi
 perfon or perfons whomfoever, that a quarantine has  been di- 1uarantine-
 refted by the faid  Selectmen for all veffels coming from the port
or place from which fuch  mafter or commander  fhall have ar-
 rived ; or fhall falfely or fraudulently attempt to elude the direc-.
 tions of the  faid Selectmen, by falfe and unfounded declarations
 of the  port or place from  whence he came ; or  fhall land,  or N° perfon or
 fuffer to be  landed from  his veflel, any perfon  or perfons,  or J  °g. t0 b"
 apparel, bedding, goods or merchandize whatfoever, without the
 permiflion of the faid  Selectmen,—every fuch  mafter or com-
 mander fhall, upon conviction thereof in manner and form point-
 ed out in the firft feftion  of  this Aft, forfeit and  pay a fum not
 exceeding five  hundred dollars,  or fuffer  imprifonment for a  tna l^'
 term not exceeding fix months, or both, at the  difcretion of the
 Court having cognizance of fuch offence.
  SecT-  3.   Be it further enaBed, That whenever the  faid Se-
 lectmen fhall think it neceffary to order all veffels which fhall
 or may arrive at any of the  feaport towns aforefaid, from any When  SelecN-
 particular port or ports, to perform quarantine, and fhall giveme" *haJlord^r
 notice of fuch order to the Pilots of the faid feaport towns;  itjot/directcdto
 fhall be the  duty of fuch  Pilots  to make known  the faid order make it known
 to the captains or mafters  of  all  veffels  which they fhall board.toCaptains.&c
 And if any  Pilot, after notice given to him  as aforefaid, fhall
 neglect to make known the faid order, or fhall  pilot any fuch
 veffel up  to any town  aforefaid,  he  fhall, upon conviction 
22
           thereof in manner and form pointed out in the  firft feftion of
Penalty.     this Aft, forfeit  and pay  a fine  not  exceeding  one  hundred
           dollars.
              Sect. 4.  Be it further enaBed, That the Selectmen  of each
           of the feaport towns aforefaid,  fhall provide, at the expenfe of
Red flags to be fuch towns, a fuitable number of red flags, of three  yards at
hoisted.      leaft in length ;   and the nv.fter of every veffel ordered to per-
           form quarantine, for the purpofe of purification, fhall hoift one
           of faid flags on the head of the  mainmaft,  there to be kept dur-
           ing the whole time, fo long as faid veffel or veffels are perform-
Pcr&onsnot to ing quarantine ;   and no  perfon  during the time fhall goon
go  on  board board, except thofe employed by the faid Seleftmen ;  and every
fuch vessels.  perfon who fhall  tranfgrefs by going on  board  any fuch veflel,
           fhall be confidered as contaminated with infection, and held to
           undergo purification in the  fame  manner, and  under the fame
           regulations and reftrictions,  as  thofe perfons who are perform-
           ing quarantine on board fuch veffel or veffels, and fhall there re-
           main until difcharged by order  of faid  Seleftmen, who, by any
           perfon or perfons employed by  them,  may forcibly detain  fuch
           perfon or perfons tranfgrefling as aforefaid, for  the purpofe of
           purifying as aforefaid.
              Sect. 5.  Be it further enaBed, That in every feaport town
           aforefaid, where there is a Health Committee or  a Health Offi-
           cer, legally chofen and appointed  in manner as  direfted by the
           Act to which this is in> addition, and the Seleftmen  of fuch
           town fhall judge it neceffary, and/ fhall  certify  it under   their
Health  Com- namjS)  or the major part of them ;  fuch Health Committee or
ce'r authorized". Health Officer are hereby authorized to perform all the duties,
           and exercife all the authority which Seleftmen  are  authorized
           and required to  execute, in requiring any perfon  or  perfons,
           veffel or veffels as aforefaid, to  perform quarantine in manner as
           pointed out in this Aft.
 Appropriation   Sect. 6.  And be  it further enaBed, That all the forfeitures
of forfeitures, arifing from this Aft fhall  accrue to the ufe of the town where
Expenses from the offence fhall  be committed ;  and all  expenfes arifing from
any vessel, &< .any veffel, perfon or perfons, or  effects on board the fame, per-
by whom paid. formmg qUarantine as aforefaid,  fhall  be paid by the owner or
     f  f  L owners of fuch veffel, or effects on board the fame ; and in cafe
           of refufal to pay  fuch expenfes, the fame  may be recovered by
           an action of debt in the name of the Seleftmen, Health  Com-
           mittee, or Health-Officer, as the  cafe may be, in any Court pro-
           per to try the fame.
[This Aft paffed February 26, 1800.] 
23
               HEALTH OFFICE,
                           Boston, April 26, A. D. 1819.

        ORDERED,  That the following RULES  and
REGULATIONS for the Interment of the Dead in the
To ,vn of B >ST)N, for Funerals and Funeral Proces-
sions in said Town, for the Police of Burying-Grounds
in said Town, and the following Penalties  and Fees
respecting the same, be and the same  are hereby fixed
and established by the  Board of Health of the  Town of
Bojlon, and that  the same  commence  and have effect
from and after the first day of June next.

                      ARTICLE I.

        Police of the Burying Grounds and Cemeteries.

  Sect. 1.  To execute the  Police of  the Burying Grounds
and Cemeteries, there fhall be one Superintendant elected by
ballot, who on acceptance of the truft  shall  give fatisfaftory ^jSction
bonds for the faithful performance of the duties required, and of superintend-
whose jurifdiftion  fhall extend to all the Burying Grounds and ant.
Cemeteries within the town, and his Office fhall be kept in the
eaft corner of Faneuil Hall, Market-Houfe.  It fhall be the duty
of the Superintendant to keep the fences, walls and gates of the
refpeftive Grounds and  Cemeteries in complete repair, and pro- His duty.
perly fecured by locks and bolts ;  to point out the place,-depth
and width of every grave to be dug therein ; to caufe the graves
to be dug in  exact ranges parallel with, and as  near to each
other as may be ;  and to fee that the graves be fo filled and ele-
vated, and the turf replaced, that water may not stagnate there-
on ;—To caufe the tombs  opened in the refpeftive Cemeteries,
between the 1ft of July, and the 30th of September, to be clo-
fed and pointed with lime within twenty-four hours after the
depofit of bodies therein ;  and to direct the  Wardens  of the
feveral Churches to which Cemeteries belong, to caufe at leaft
three bufhels of good stone lime to be flacked therein on the
 lft and 15th days of July, August and September :—To record
in a book to be kept for that purpofe, the name, age and fex of
each perfon interred ; the family to which the deceafed belong-
ed ;  the difeafe or caufe of death;  and  whether  citizen or
ftranger; the time when  interred ; the number of the grave,
and the number of the range, where buried, or the tomb where
depofited. 
24-
Grave stones to  Sect.  2.  The Superintendant fhall permit the family of any
!»e CKCjtcd  un"Perlort hereafter buried in any grave  in  the  North and South
ofthe Wi°nn.Burial Grounds, to place within 12 months  after the burial of
tcndant.     fuch perfon, a ftone of the following dimenfions, viz—length
           41 feet, breadth 1 foot 10 inches,  thicknefs 3| inches, having
           the perfon's name and  age, the number of  the grave, and the
           number ofthe range cut thereon, placed perpendicular 6 inches
           from the head ofthe grave,  and fettled  in the earth 18 inches
           from a level furface ; which, being recorded by the Superintend-
           ant,  fuch grave fhall be referved for the ufe of the fame family
           for 20 years ;  and graves may be re-opened for members of the
reopened?7 ' 'feme family, provided the top of any coffin put therein be not
           within three feet of the furface of the ground.  The bottom of
           the firft coffin buried in any grave in the North Burying Ground
           fhall be at leaft eight feet from the furface of the ground ; and
           the bottom of the firft coffin  buried  in any grave in the South
           Burying Ground, fhall  be at leaft fix  feet fix  inches from the
           furface of the  ground.
Newgravesnot  Sect.  3.  A new range of graves fhall not be commenced un-
permitted unti .^.j t^e preceding range is entirely taken  up by the  depofit of a
           body or bodies in each grave.
No temporary   Sect.  4-.   A corpfe fhall not be depofited for a temporary
depositswithoutpurpofe in any of the PuDlic Vaults,  without the licenfe of this
license.      £»    ,
           Board.
Corpses depos-  Sect.  5.  "When a corpfe fhall be depofited in any of the
me0dvcs5aUbcre" Public Vaults, the fame fhall  be afterwards removed and inter-
           red, agreeably to the regulations of the Board, and in the man-
           ner and time expreffed in a licenfe of the Board for faid depofit.
           And for  a faithful execution of the fame, every perfon concern-
           ed in  faid depofit, removal  and interment,  fhall  feverally be
           refponfible.
Fees for depos-   Sect# 6#   When a corpfe  is depofited in a Public Vault,  in
 ta>S'       addition  to the Superintendant's fees, there fhall be paid to the
           ufe of the Town one dollar for each adult, and fifty cents for each
           child, to be collected by the Superintendant.
 Returns to be   Sect. 7.   The Superintendant fhall,  on the Monday of each
 made.      week, make a return to the Health-Office of the perfons inter-
           red in the Grounds and Cemeteries in his care ;  which return
           fhall comprife a copy of all the particulars required to be record-
           ed by the firft fection of thefe Regulations;  that from fuch
           returns this Board, from time to time, may publifh Bills of Mor-
           tality for the town.
              Sect. 8.   That if any perfon fhould be  defirous to remove
           out of town the body of  a deceafed  friend  for interment,  it
           mav be lawful fo to do, on application  to the Superintendant
           of Burial Grounds, he to attend the time and place of removal;
           provided no caufe fhould appear, to withhold the permiflion :— 
25
The applicant fubjeft to pay the Superintendant twenty-five cents
fox his attendance.                             ' "
               ARTICLE II.— Funeral Cars.   ' ''
                                               Li
   Sect. 1.   The Funeral Cars fhall be under the  care of the Superintends;
Superintendant, and fhall be  depofited for fafe keeping in pla-^^vc^ajgc
ces provided therefor.   It fhall be the duty of the Superintend- Cars
ant, to keep them clean and in good repair,  he having the ap-
probation of the Burying Ground Committee ; and only permit
Funeral Undertakers, licenfed by this Board,  to ufe the  fame,
on the payment of the fee eftablished by thefe  Regulations. The
Superintendant to  account  monthly to  the  Treafurer of this
Board for fuch fees.
             ARTICLE III.—Funeral Undertakers.
   Sect. i.   A fufficient number of Funeral Undertakers fhall Undertakers
be appointed and licenfed by this Board, who fhall be refponfi- li^ed!
ble for the  decent, orderly and faithful management of the Fu-
nerals undertaken by them ;   and for a ftrict compliance with
thefe Regulations.  Each Undertaker may employ fober and dis-
creet Porters to aflift him ;  and  fhall be accountable to this
Board for their conduct.— Perfons not licenfed as Undertakers,
 are forbid  the undertaking of any Funeral, under penalty  of
twenty dollars for each offence.
               ARTICLE IV.--Funerals, &c.
    Sect.  i.   All Funerals fhall be between fun-rifing and fun- Time and man-
 fetting,  except when otherwife ordered by this Board, in cafes ner of Funerals.
 ofthe prevalence of contagious and malignant difeafes, and fhall
 pafs through or into at leaft one principal ftreet   There fhall
 be but one bell tolled at any funeral; which  bell fhall be tolled
 no longer than one hour, and no oftener than two ftrokes in a
 minute ; and the bells of the North Church fhall not be chim-
 ed more than  fifteen minutes for one funeral proceflion.   The
 corpfe of every perfon over ten years of age, fhall be conveyed
 to the grave or tomb in  a  Funeral Car, to  be drawn by not
 more than two horfes:  Provided however, That on an extraor-
 dinary occafion permiffion may be obtained of this Board, on re-
 gular application, to difpenfe with any of the rules contained in
 this article.
    Sect. 2. The Superintendant fhall defignate fuitable places Where to bury
 in the North and South Burying Grounds, for the burial of peo-peoPUof colour-
 pie of colour, under the direction of thi$  Board.
                  ARTICLE V.—Fines', &c.                _   .   . ,
                                                           Fines for violat
    Sect. 1. If the Superintendant fhall violate any or either of ingReguhtions
 thefe Regulations, he fhall, on conviction, forfeit and pay a fine
 of fifty dollars.  If an Undertaker fhall violate any or either of
                       D 
26
            thefe Regulations, he fhall, on conviction, forfeit and pay a fine
            of thirty dollars ; and if any other perfon or perfons fhall violate
            or tranfgrefs them, he or they fhall, on conviction, forfeit  and
            pay a fine of twenty  dollars.
Boar   to  re-  Sect  2.  The Superintendant,  Funeral  Undertakers  and
move Superin* Porters fhall at all times  be removable at  the pleafure of this
tendan ts, Sec.  Board.

                             ARTICLE  VI—Fees, csV.
              Sect. 1.  There fhall be collected and paid for fervices in the
            execution of thefe Regulations, the following fees,  viz
              For the Superintendant.—For each grave dug, fifty-five cents,
 Fees to the s«-except for fuch  perfons as are buried at  the  expenfe ofthe
 cenntendant.      *   _      ,r,      .,.     ,       ,„r        -o
            town.   For each tomb or public vault  opened, lb cents,   for
 _          the record of each perfon buried or entombed, twenty-five cents.
 Tomb 75 ct.«.For the ufe ofthe car at  each funeral,  two dollars  ;  and the
            fame with the  fees for graves  tombs and public vaults, to be col-
            lected from the families < f the perfons interred.   The recording
            fees to be paid quarterly by the Board  of Health.
      , .,    Fees for Undertakers   For digging a  grave  8 feet  deep,  and
Fees to the Un-     - J  ,   r         , „    **, ?f  6       r       Je   „
denakcrs.     covering the lame, two dollars and hrty cents; tor  one  6 feet 6
            inches deep, one dollar and fifty-cents ; for one 5 feet deep, one
            dollar and twenty five cents, and for 4 feet  deep one dollar.
            For opening and clofing a tomb,  feventy-five  cents.   For fer-
            vice at the  houfe of a perfon deceafed,  in collecting and return-
            ing chairs and  other  attendance, one dollar ;  for every family
            notified by  requeft, five cents; for tolling a bell, fifty cents ; for
            placing a corpfe  in coffin when requefted, and removing down
            ftairs, one dollar; for the  ufe  of  one  horfe  in the car,  and
            leader, one dollar and fifty  cents ; for  two horfes,  feventy-five
            cents each ; for carrying a corpfe from  the houfe to the  car, and
            from the car to the grave, tomb or vault, and removal of the
            fame from the  Public Vault to the place of interment, including
            the affiftance of funeral porters, and the leader or leaders of the
            Funeral Car, three dollars.
Additional fee.  Sect. 2.  When a corpfe is carried into a church, the Fune-
            ral Undertaker may make an additional charge of two dollars;
            and whenever the ground fhall be frozen, the charge of digging
            graves may be augmented at the difcretion of this Board.
              Sect. 3-   For burial of children under ten years of age, viz.
            Digging a grave  3-| feet deep, feventy five cents ; for fervice at
            the houfe, one dollar ;  tolling bell,  fifty cents j  carrying the
            corpfe to the carriage, and from the carriage to the place of de-
            pofit, fifty cents ■, for the ufe of a pall,  twenty-five  cents.
              Sect. 4.   It fhall be the duty of the  feveral Undertakers and
            each of them to fettle with, and pay over  monthly to  the Super-
            intendant, the fees provided for in the firft fection of this article- 
I '
                              27

             ARTICLE  VII__Burying Grounds.
   Sect.  1.   The Central,  Chapel and  Granary  Burying Certain  Bury-
 Grounds are clofed fo far, that no graves fhall  be  opened or1,I£SJounds
 dug, nor tombs  built  therein, until the further order of this0 *
 Board.
   Sect. 2.   The old  part  of the North Burying  Ground is
 alfo clofed fo far, that no graves fhall be opened or dug therein, Others  clofed
 excepting in the places appropriated for the interment of people condltlonally-
 of colour, under the direction of this Board.  Perfons may have
 leave to erect tombs in the new part of the North  Burying
 Ground, and the South Burying Ground, under the direction,
 and on the conditions  prefcribed by this Board.
         By order of  the Board of Health,
                     BENJAMIN WHITMAN, President.
             Attest—James Robinson, Sec'ry.



                 HEALTH OFFICE,
                              Boston, April 56, A. D. 1819.

       ORDERED, That the following Rules,  Regu-
 lations, Restrictions, Qualifications and Directions, shall
 constitute the  Quarantine Regulations  of this Board,
 on all Vessels,  &c. which shall arrive within the Har-
 bour of Boston, from  any port or place, until the fur-
 ther order  of this Board ;  and  that the same be pub-
 lished in the Newspapers employed by  this Board, for
 general information, viz.

                      ARTICLE I.

                   Quarantine of Veffels.

   Sect. 1.   On and after the twentieth day  of  May annually,
 and  until the twentieth day of  October, in each year,  a quar-
 antine fhall be had of all veffels, their officers,  crews, paffen-
 gers and cargoes, that come  within the Harbour  of  Bofton,
 which  are from or have touched at any port or place within
 the tropics,  or from any  of the Weft India Iflands, or from
any of the Britifh provinces in North America, having  arrived
 there from any of the places herein mentioned, or any port or
 place where contagious ficknefs doth or hath  recently prevail-
ed—0f all veffels on board of which any perfon fhall have died
of any difeafe, or been fick during their homeward paffage, ex-
cepting veffels coming  from places beyond  the Cape of Good 
28
            Hope, where no contagious or malignant difeafe was known to
            be prevalent previous to their departure—or from  the  Iflands
            of St. Helena, or Afcenfion.
             Sect. 2.  The quarantine above directed, fhall be had near
            Rainsford liland, under the direction of the Principal or Affif-
            tant Phyfician, and other officers of this Board, and fhall con-
            tinue on every veflel which has had twenty-two or a lefs num-
            ber of days paflage, until  fhe fhall have  made  up twenty five
            days from the day  fhe  left her laft port;  and on each veflel
            which has had twenty three or more days paflage, feventy-two
            hourSj in addition to fuch  paflage.  And  on every veffel, on
            board which, during her homeward  paflage, any perfon  fhall
            have died, (excepting from accident or cafualty) the quarantine
            fhall be extended to twenty-five days from the laft death. And no
            veffel fhall be confidered as having commenced quarantine, un-
            til fhe fhall have  anchored in her proper  ftation on quarantine
            ground, as direfted  by the Principal or Affiftant Phyfician, or
            other officers of this Board.
Masters, &c, of  Sect.  3.  The mafters, officers, crews and paffengers of all
vessels, to com-veffels when on quarantine, fhall be fubject to the Regulations
ulations1/ R?S" °^ l*"s ^oar<l»  an^ fuch others as may be adopted by the  Princi-
            pal or Affiftant Phyfician :  and the mafter of each  veffel  fhall
            be accountable for  the appearance on  board his veffel, at the
            time fhe fhall be difcharged from quarantine, of ajl and every
            perfon who arrived in her, or who may have been landed from
            her in any port of the United States, or put on board any vef-
            fel, during her homeward paflage, cafes of death excepted.
Extraordinary   Sect. 4.  In extraordinary cafes, the Committee of the Week
cases.        j[s authorized to direct  the above period  of quarantine to be
           prolonged.
Physician  may  Sect. 5-  Veffels not otherwife fubject to quarantine, hav-
discharge  cer  ing only Small Pox on board, may be difcharged whenever the
tain vessels.   Principal or Affiftant Phyfician  fhall confider them free  from
           infection.
 Mastersofve<-  Sect.  6.  Every mafter of a  veffel fhall, within twenty-four
selsmustdeliv. hours after being difcharged from quarantine, deliver at the
er  certificates, Health-Office in Faneuil Hall, the certificates and flags he fhall
&Cl         have  received  from  the  Principal or Affiftant Phyfician, or
            Ifland Keeper, and  fhall, on paying the fum of ten dollars, re-
           ceive a counter certificate from the Secretary of this Board,  to
           entitle his veffel to entry at the Cuftom-Houfe.
Fees paid  to  Sect. 7.   When any veffel has been  quarantined, examin-
the Physician,  ed and  attended,  and the  mafter  is defirous  of leaving the
           ground, with his veffel,  for  any  other port, he fhall, previous
           to his receiving his  certificate of difcharge, pay to the Princi-
           pal or Affiftant Phyfician the established fees. 
r •
                            29

  Sect.  8.  During the  time a veffel fhall be on quarantine,
On application made to this Board to permit the unloading and Articles unin-
conveyance to town of any wine, rum,  fpirits,  fait, fugar,  mo-fected may bc
laffes, mahogany, dye-woods, tobacco, preferved or other fruits, an c '
and fuch other articles as  fhall be declared incapable of receiv-
ing or conveying infection, and when permiflion to unload the
fame  fhall have  been obtained from  the  Cuftom-Houfe;  it
fhall be lawful for the Committee  for the week to  authorize
the Principal or  Affiftant Phyfician of this Board, to permit
fuch articles to be unladen from any veffel on  quarantine, and    *
the fame to be conveyed to town by Lightermen  duly licenfed Lightermen
by this Board for that purpofe—And the Principal or Affiftantand ,ighters
Phyfician fhall grant  a certificate thereof,  to be depofited  in
the Health-Office, for which 25 cents fhall be paid   And the
lighters to be employed in the tranfportation of fuch uninfect-
ed articles, fhall, when unemployed, be anchored  off the fouth-
eaft part of Rain ford  Ifland;  and  the  lightermen  employed
therein, fhall not be  permitted  to  land in town, without the
permiflion of the Principal or Affiftant Phyfician.

                       ARTICLE II.

                    Mediterranean  VeJJels.
   Sect. 1.  Every  mafter of a veffel who, on and  after the Mediterranean
twentieth day of May annually, and bsfore  the  twentieth dayvesse,s-
of October, in the fame year, fhall  arrive from Gibraltar, or at
any port or place within the Streights, fhall carry and anchor
his vefTel on quarantine ground,  where fhe fhall remain  until
fhe be examined by the Principal or Affiftant  Phyfician, who,
in concurrence with the Committee for the week, may permit
her to pafs if it appears to them that the public health will not
be endangered  thereby.~And the  mafter of fuch veffels fhall
receive a counter certificate from the Secretary  of this Board,
to entitle his veffel to entry at the Cuftom  Houfe on his paying
 him the fum of five dollars.

                       ARTICLE  III.

                    Veffels to be Reported.
   Sect.   1.   The matters of all  veffels, which, on  and after
the twentieth day of May annually, and before  the  twentieth Vessels to be
day of October, in the fame year, fhall arrive from any port  or sported.
place  not fubjeft to quarantine,  fhall, previous to entry at the
Cuftom-Houfe, make report at  the Health-Office, in Faneuil-
Hall,  of the ftate and condition of their crews, paffengers and
cargoes, and of all other circumftances which may concern the
public health.   If found  to be from a port  free  of  contagious
difeafe, the mafter of each veffel fhall receive a certificate to 
30
           permit the entry of fuch veffel at the Cuftom-Houfe, for which
           25 cents fhall be paid ;  if otherwife, the veffel,  crew and paf-
           fengers fhall be fent to  Rainsford Ifland, on quarantine.

                                 ARTICLE IV.

                               Veffels from  Out-Ports.
              Sect. 1.   Every veffel which  fhall arrive, and  enter  at any
Vessels  from out-port from any of the ports or places  mentioned  in the firft
out-ports.    article of taefe Regulations, and fhall afterwards  come to this
           port, fhall be fubject to quarantine, unlefs the mafter produces
           a correct certificate  from the Board  of Health, or Seleftmen,
           of fuch out-port, that fuch veffel has been at  leaft twenty-five
           days from fuch ports or  places ; that during that time no per-
           fon has  died, (excepting by accident or  cafualty) or been fick
           on board;  and that fuch veffel has been duly  examined, and
           thoroughly purified or cleanfed.

                                  ARTICLE V.

                                  InfeBed Veffels.
              Sect.  1. • AH veffels from any port or place whatever, hav-
Infectedvessels. jng on their homeward paffage had one or more perfons fick on
           board, fhall, at allfeqfons of the year, be liable to perform quar-
           antine, if, in the opinion of the Principal or Affiftant Phyfician,.
           it fhall be neceffary.

                                 ARTICLE VI.

           The Duty and Power ofthe Principal Phyfician, and Affiftant Phy-
                                     fician.
Duty    and   Sect. 1.   It fhall be the duty of  the Principal  Phyfician of
pTsiciaf thcthis Board, (when no  Affiftant Phyfician refides  on Rainsjord
           Ifland) to vifit Rainsford Ifland every day when there are three
           or more veffels on quarantine ;   and, when lefs than three, as
           often as the Committee  for the week fhall prefcribe.  He fhall
           direct in what manner veffels are to be cleanfed;  what articles
           fhall be landed,  wafhed, buried, or deftroyed.   He fhall or-
           der the fick to be landed, if neceffary; fhall attend all the fick
           at  faid Ifland, prefcribe according  to his beft fkill and judg-
           ment to their relief, and find all  medicine   He fhall be allow-
           ed to  charge each fick  perfon  for  fuch attendance, provided
           his charge  does  not exceed three dollars for common cafes ;
           but he may increafe the charge for extraordinary  cafes,  deem-
           ed fuch by the Committee for the week; and he fhall report,
           at  leaft once a week, the number of fuch fick perfons  under
           his care  at the Ifland, the length  of time  they have  been con-
           fined there ;  and,  when difcharged, fhall immediately prefent
           his account for attendance to the Committee  for  the week, a 
SI
record of which fhall be entered on the Journal kept by that
Comnittee.  4e  hall  direct the Pilots where to anchor vef-
fels ;  and  they are hereby required  to  obey his directions.
He lhall deliver to the mafter o- each veffel arriving on quar-
antine,  a copy  of the  Quarantine Regulations of this  Board.
He may eftablilh rules and regulations for the  prefervation  of
good order on  the Ifland, to proaiote the defigns of quarantine,
fuch  rules and regulations being  under the  control  of  this
Board.   He fhall from time to time report  to  the Committee
for the week, the ftate  of veffels  on quarantine.  He fhall
grant a certificate of difcharge to each veffel having duly per-
formed quarantine ; and  generally, it fhall be his duty to do
and perform all things neceffary to carry the Regulations  of
Quarantine into complete effect.   And when an Affiftant Phy-
fician fhall refide on faid Rainsford Ifland, all the duties and
power- of tne Principal Phyfician contained in this article fhall
devolve upon, and may  be  executed by fuch Affiftant Phy-
fician.
                      ARTICLE VII.

               The Secretary's  Quarantine Duty.
   Sect.  1.  The Secretary  of  this Board fhall receive the^2]? d«.
Principal or Affiftant Phyfician's certificates of difcharge ;  fhall ty.
give counter certificates to entitle fuch veffels to entry at the
Cuftom-Houfe,  receive the fees required  for fuch certificate,
and all other  fees, and the fame pay to the  Treafurer.  He
fhall make the neceffary inquiries of all mafters of veffels, re-
porting at this  Office; fhall  note the fame ;  ana" fliall receive
and communicate at every meeting of this  Board, the reports
received from the Ifland.

                      ARTICLE VIII.                               *

                  The Ifland Keeper's Duty.
   Sect.  1.   The Ifland Keeper or his Affiftants fhall attend JJnd KccPer's
the purification of all  veffels, clothing, bedding, perfons,  &c.  " y"
at quarantine,  agreeably to the  directions of  the Principal or
Affiftant Phyfician;  fhall board  and attend the fick,  and find
nurfes;  and fhall be  allowed five dollars each  week for the
board and nurfing each fick perfon at the  Ifland;  to be col-
lected as the fees  of the Principal or Affiftant Phyfician are  by
law collected or affumed; and fhall employ two perfons to ply
the Ifland boat, during the time a general quarantine is requir-
ed, who fhall  be fubject to the  orders of the Committee  of
the Quarantine; and lhall communicate to the Health-Office in-
formation of the  arrival of veffels at the Ifland, as they occur;
an'! of any event  which may require  the attendance of the
Principal or Affiftant Phyfician at the Ifland;  fhall carry fup- 
32
           plies to veffels on quarantine, when delivered on  board the
           boat, and fhall be held to conform to all the  directions of this
           Board.
Island Keeper's   yECT.  2.   In the  abfence  of the Principal and Affiftant
Phy^iSisabB-Phyfician»the Ifland KeePer or his Affiftant are charged with
sent.        the police of the Ifland, agreeably to the laws and rules thereof.

                               ARTICLE IX.
Not visit the   ^° Perl°n  not 0n quarantine fhall be allowed to vifit Rainf-
Island without ford Ifland during the time of quarantine,  without  producing
permit.      a permit from the Secretary of this Board, for which 25 cents
          fhall be paid for each perfon; but no certificates fhall be valid,
          ilnlefs prefented within twenty-four hours from the date thereof.
                               ARTICLE X.
             Sect. 1.   The Board of Health may difpenfe with any  or
           all the aforefaid Orders,  Rules and Regulations  relative  to
           Quarantine,  upon fuch  conditions and under  fuch  circum-
           ftances as faid Board or its Committee, in any particular case,
           may think proper, confiftent with the publick fafety.
                   By order of the Board,
                                BENJAMIN WHITMAN, Prefident.
t                         HEALTH OFFICE,
                                        Boston, April 26, A. D. 1319.
                  ORDERED, That the following RULES and
           REGULATIONS appear to this Board to be neceffary,
f«.W(        to remove and prevent NUISANCES and Sources of
           Filth in the Town of BOSTON, and the fame Rules and
           Regulations are hereby ordered by faid Board of Health
           to have effect, within the limits of faid Town of Bofton,
           and have the force of law, from  and after Monday, the
           twenty-fixth of April, A. D.  1819.

                               House Dirt, &c.

 Dirt and filth  Article 1.  No perfon or perfons fliall be allowed to throw
 POTedof C dS or bring 'nt0 an7 flreet» fquare, lane or alley,  any houfe dirt,
           filth, or fweepings of any kind,  or any  decayed  vegetable  or
           dead animal fubftance.   But all fuch houfe dirt, filth,  fweep-
           ings, or vegetable or animal fubftance, fhall be depofited in
           fuch veffels as will not contain liquids, and kept in fome con-
           venient fituation for the drivers or the Scavengers' carts to take
           away.  And no perfon fhall be allowed to caft any dead ani-
           mals, vegetable fubftances, or fweepings  of any veffel,  into any 
33
Of the docks, the mill-pond,  or any other place between  the
channel and the fhore ;  nor to land the fame, or any foul and
infefted ballaft,  or other fubftance, on any wharf, or landing
place, within the town.    And any dead animal thrown  into
the channel fhall have a fufficient weight affixed to it,  to  pre-
vent its floating to the fhore.
Removal of Dirt, &c.

                     ._ J«A  f/>Ai  /"U--.TT
                                        Dirt, &c.
  Art. 2.  When any quantity of dirt, faw-duft, foot, fhav- {
ings, ftraw, hair, animal or vegetable fubftance,  or filth of any
kind, fhall be found in any cellar, yard, or other premifes, or
be thrown into any ftreet, fquare, lane or alley;  the owner or
occupier of fuch cellar, yard or other premifes,  where found ;
or the owner or occupier of the premifes  from whence fuch
dirt,  faw-dust, &c. had  been removed* fhall caufe  the fame
to be carried away, at his, or her expenfe,  within four  hours
after notification, in writing, from this  Board.—And all carts
or waggons employed in the carting earth,  clay,  fand or  dirt
of any kind, fhall  have and ufe good and  fufficient fore  and
hind boards, and otherways fufficiently  tight to prevent the
faid  earth, fand, clay, or dirt, from dropping in the ftreets
through which they may pafs.

                       Waste Water,                                 ^

   Art.  3.   The  owners or occupiers Of houfes, buildings Or      w
lands, fhall  caufe  all  Wafte Water from their premifes  to be
conveyed  from their  cellars, yards,  finks,  pumps and vacant
lands, through drains under ground to common fewers j   or  to
fuch  refervoirs funk  under ground to  receive the fame,  as a
committee of this Board fhall approbate.                             J^

                    Vaults, Privies, &c.

   Art. 4.   The  owners of vaults or privies, and the occupi-
ers of the houfe or houfes, ftore or buildings, to which they ^ults' PnviC3<
belong or are attached, fhall not permit  the  contents of fueh
vaults or privies to rife within two feet of  the furface of the
earth—and every owner, occupier or perfon who improves any
vault or privy,  in  the town Bofton, fhall conftantly keep the
fame vault or privy boxed or made tight, fo that the contents
thereof fhall not efcape from fuch vault or privy into the  cel-
lar or on  to the land of any other perfon, or into or on any
ftreet, lane or  alley in the town of Bofton,  or on any land be-
longing to faid town of Bofton, or  any corporation ; and  no
vault or privy fhall be  emptied without  a permit  from  this
Board, and by perfons authorized by this Board for  that pur-
E 
^
                                        34

             pofe. from and after the firft of April, and  until the firft of
             November next; at which time,  the Inhabitants may employ,
             from the firft of November, to the firft of April next fucceeding,
             any perfon they fhall fee fit, to empty their neceffary vaults be-
             tween the hours of 10 o'clock in the evening, and the sun's rifing,
             on fuch terms, and by fuch perfons as they may elect, the own-
             ers of  fuch vaults being accountable to the Board in  removing
             any nuifance that fhall happen in fo doing.

                             Stables, and Stable Manure.

                Art. 5.   The owners or occupiers of livery  and other fta-
  Stables, and fta bles  fhall not permit  more than two  cart loads of manure to
  ble manure,   accumulate and remain in or near their ftables, at any one time,
             between the firft day of May and the  firft day  of  November,
             and fhall keep their ftablei and "liable yards clean and decent.

                                    Market Stalls.

  Marketftalls.    Art. 6.   Perfons occupying ftalls in Faneuil-Hall, Boylfton
             or Parkman's Market-houfes, or the Market-place, and Dock-
             fquare, fhall daily, in the morning, during the months of June,
             July, Auguft, September and  October, wafh or cleanfe their
             refpeftive ftalls—They fhall not  permit any heads, feet or of-
             fals of  dead animals, or vegetables of any kind  to remain  in
f,            or about their  ftalls  over  night    They fhall  take  up  and
*  ^        remove the platforms of their refpeftive ftalls, on the firft day
             of June, and fhall  not replace them  until the firft  day of No-
             vember enfuing; during which period, meats of any kind fhall
             not be expofed in the  markets, or any other place  within  the
             ftown, excepting in  the  ftalls,  carts, or other vehicles, which
   *'        fhall be covered from the rays of the fun ; nor expofe for fal*
             any mutton or lamb with the feet on the fame.

                          Damaged  Grain, Rice and Coffee.

  „            Art. 7.  No perfon fhall be allowed to land on any wharf,
  Daniagedgrain,          _      *        .        ......    J     , *
 rice and coffee °r put on fhore, from any boat or veflel, or bring into town by
             land, any damaged  grain, rice, or coffee, without a permit from
             this Board.
                                  Swine and Goats.

               Art. 8.  Swine  and Goats fhall  not be  kept  within  the
  Respecting thej;mjts 0f tnjs town by anv perfon, without a  licenfe from this
  andPgoats!WineB°ard»  and in fuch place and manner as the Board fhall ap-
             prove.
                                    Fresh Fish.

  pe"mitted.WhCn   Art* 9*   M Fish< before br0"ght into this town,  fhall firft
             be gutted, and the filn made clean.   Frefih Fifth, (excepting 
f
                             85

fuch as are named in the fucceeding article) fliall not be offer-
ed for fale between the 1ft day of June, and the 1ft day of Oc-
tober, unlefs kept in covered ftalls, fifh boxes,  or other houfes
fituated over the fait water.—And Frefh Fifh offered for fale in
the ftreets before the firft day of June, and  after the firft day of
October, fhall be kept clean in covered carts, barrows, &c.

                   Salmon  and Small Fish.

   Art.  10.    Salmon, Shad,  Bafs,  Mackarel, Tautog,  Eels,
Flounders, Tomcods, Smelts, and other  fmall Fifh, may be fold c ,
            •             r i                    i     i       Salmon   an>
at all times, in any part of the town, provided they  be kept bniai, fish
fecure from the rays of the fun ;  but venders  thereof will  be
held  refponiible for any nuifance created thereby.   Provided,
however, that Salmon  and Bafs, brought to town by  fea,  may
be fold,  and landed therein, when cleanfed of their entrails ;
which entrails are to be kept on board in tight  veffels, and re-
moved beyond low water mark, at every time of  high water—
And  that no perfon take a ftand  in or near the Ifaneuil-HaH
Market for the fale of fuch Fifh as are  allowed by this article,
but at the north fide of faid Market-Houfe,  at the  place pro-
vided by the Clerk of  faid market for that  purpofe.
   And whereas fick perfons are much  diftreffed  by the  prac-
tice of blowing horns,  trumpets, and other wind inftruments,
by fifhermen  and others,  to  call the  attention of the people          ^"
to their occupations and bufinefs, and the fame is injurious to            ^
the health ofthe inhabitants;  therefore, Ordered, That horns,
trumpets,  or other wind inftruments,  fliall  not  be blown  or
founded by any Fifherman  or  oth,er perfon, to the injury  or
dl&urbance of any fick perfon.

                           Oysters.

   Art.  11.   Oyfters  fhall not be  offered  fqr  fale within the Oysters,
limits of the town, between the 5th day of July and the i ft
day of September.

                    Feathers,  Rags,  &c.

   Art,  12.   Feathers, old'or new, fliall not be  landed,  or Feathers, .Jgs^
brought  within the limits of the town,  between the  1ft day of &c.   ' ^
May, and the ift day of November, without a permit.from this
Office after a previous  examination by the perfon authorized by
this Board.  And feather and  other beds, bedding,  clothing,
or rags,  fhall  not be landed, or brought into this town  from
any place where any contagious difeafe doth, or hath recently
prevailed, unlefs by fpecial permiflion of this Board.  Nor  fhall
any clothing or other article, which contains or is affefted with 
36
           any difeafe which may  communicate any diforder  to any per-
           fon,  be landed or brought within the town of Bofton  without
           a fpecial permit from this Board.
              Thefe Regulations, in  addition to thofe enumerated by the
           Aft  empowering the Town  of Bofton to choofe  a  Board of
           Health, and other laws relating to  faid  Board, being  effential
Determination to the prefervation of the health of the Town, it is the deter-
enfohrceERule8!0mination of the Board °f Health moft rig*dlv t0 enforce their
           execution, and to profecute all  violators.  And., as heavy pen-
           alties are by  law  attached to the breach of any or either of
           them, the faid Board  requeft  their constituents to caufe thefe
           Regulations to be made known to all perfons under  their di-
           rection, and read to their domeftics;  and alfo to affift the
           Board in their due  execution.   Complaints  of any breaches
           thereof, or any neglect or inattention, in any perfon employed
           or licenfed by the Board, are folicited;  and thofe who complain
           may rely on all proper fecrecy.
                                BENJAMIN WHITMAN, President.
                   A true copy of Record—James Robinson, Sec'ry.
               An Act  to protect the Sepulchres of the Dead.

'.■v            Sect. I.  JjE it  enacted  by the Senate and House ofRepresenta-
             tives  in  General Court assembled, and by the authority of the same.
             That if any person, not being authorized by the Board of Health,
   Penalty for or the Selectmen of any town in this Commonwealth, shall know-
   faking dead ingly and wilfully dig up, remove or carry away, or aid or assist in
   bodies.     digging  up, removing or carrying away any human body, or the re-
             mains thereof, such person or persons so offending, shall,  on con-
  PV"*        viction of such offence, in the Supreme Judicial Court of this Com-
             monwealth, be imprisoned, not  more than one year, or fined, not
             more than one thousand dollars,  according to the nature and ag-
             gravation of the offence.
               Sect.  2.   Be it further enacted,  That if any perfon or persons
             knowingly and wilfully receive,  conceal, or dispose ef any human
             body, or the remains thereof, which shall have been dug up, remov.
             ed, or carried away in the manner described in the first section of
             this Act, he qr they shall be fubject tp the same forfeitures and pen-
m  \\        alties as  in said section is provided, on conviction thereof in the court
             aforesaid :   Provided however, That nothing in this act shall be so
 \           construed as to affect the power or authority in  the  courts of the
             United States, or of this Commonwealth,  or of  any  person acting
     >        under the authority of the same, in removing or disposing of the
     *        bodies of perfons executed pursuant to any sentence of such  court.
               Sect. 3.   Be it further enacted,  That all fines, accruing under
             this Act, shall enure*  one half to the informer, and one half to the
             town in  which the offence is committed.
[Approved by the Governor, March 2, 1815.] 
S7
            IN  BOARD  OF HEALTH,
                              Boston, April 10, 1819.

       VOTED,   That the following Rules and Orders
   be adopted J or  the regulation  of  the Board the ensuing
   year, viz.—

                     Article  1.

     There shall  be a stated Meeting of the Board every
•   Monday, to commence the 19th instant, at 3 o'clock,
   P. 1Y{.  until the first week in November, and once  a
   fortnight the remainder of the year.   Seven tylembers
   shall be necessary to form, a Board.
                                      •
                     Article  2.

     In the absence of the President, a  President pro tern,
   shaH be appointed.
                     Article  3,
     The Members shall take their seats ^t the Board in
   numerical order ; the Member of Ward No.  1 on the
   right hand, and the Member from  Ward  No. 12 on
   the left hand  of the President.

                     Article  4.

     In all debates, the  speaker shall  address the Presi-
   dent,  and there shall  be no interruption of a Member
   speaking, excepting to call him to order.
     In all debates, no member shall he allowed to speak
   to the point in debate, more than twice, without speciaj
   leave of the Board, nor more than once, while Mem-
   bers who have not  spoken wish to speak.

                    Article $•

     The majority pf votes of the  Members present shall
   be considered as the act of the Board;  but any Mem-
   ber may enter his dissent to any measure on the Re-
   cords  of the Board, and no vote shall be re-considered
   by a less  number than there were present when the,
   same was passed. 
          /                  Article  6.

              No Member of the  Board fhall withdraw himself
            without leave from the President.

                              Alticle  7.

              An inviolable secrecy shall be observed by the Mem-
            bers, of the names of all persons entering complaints,
            and the Officers of the  Board are enjoined strictly to
            observe this Article.

                              Article  8.

              Punctuality as to the time of meeting of the Board
            shall be strictly observed, and no person other than the
            Officers of the Board shall be admitted during its de-
            liberations.

                              Article  9.

              The Board shall be divided into Committees of three
            each, to be styled the Committee for the Week of the
            Board of Health, the Members of which shall sit daily
  ^T         in rotation, and during their continuance in office shall
            Bave power to carry into execution all the Laws, Rules,
            and Regulations ofthe Board;  shall make records of
            their proceedings for the general inspection of the Mem-
*£.         bers, and whenever they judge it neceesary, call special
 ^         Meetings of the Board.

                             Article 10.

              No Member shall be obliged to serve on more than
            two Committees,  excepting the Committee for the
            Week, unless all the Members  are on that number.

*\ \                           Article  11.

              The Treasurer, Secretary and Messenger shall keep
            books to enter all monies which they may receive and
  i'v         pay belonging to the Board, which  books shall at all
            times be open for the inspection of the Members ofthe
            Board. 
/fff-
a
 

./,'..-,>
/
:^f 
* i v
*

&$$&!

V
.*.,.

 
'  ;W
J  /