- wi-vjKiSViJ 'jfr'7,14 ■■■'•■ ■■■{ i. ■ ^|^#?^fe^f 'si:-';.'-;--/f;.: Wife|.i'Jr>r.- ; ■ ' tAz '■'•'. :i.'-':' ■■' •'•/e'; ■' ^.Vi&t ^■^ife:»^ ■ :*>w; ;■«,«. ;':& ,>-.S'..* /)<;•:• ^••'\ *-: NATIONAL LIBRARY OF MEDICINE Washington Founded 1836 U. S. Department of Health, Education, and Welfare Public Health Serrice LAWS OF THE COMMONWEALTH ESTABLISHING AND DEFINING THE POWERS OF THE BOSTON BOARD OF HEALTH; WITH THE RULES, ORDERS AND REGULATIONS OF SAID BOARD RELATIVE TO INTERNAL HEALTH, QUARANTINE OF VESSELS, BURYING GROUNDS, &c. PUBLISHED BY THE BOARD. / > *• LAWS, &c RELATING TO THE BOSTON BOARD OF HEALTH. An A& to empower the Town of Bofton to choofe a Board of Health, and to prefcribe their power and duty. Sec. 1. BE it enaBed by the Senate and Houfe of Reprefen- tatives, in General Court affembled, and by the authority of the fame, That the inhabitants of the town of Bofton, qualified to vote for town ofiicers, fhall, on the firft Wednefday of April annu-TJme of choof- ally, meet in their refpeaive Wards, at fuch time and place as ,nS Members, 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 difcreet 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 refpec- tive Ward, at fuch meetings; and on the neglett 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 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 A 4- ident Regulations. 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 aforefaid, 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 Pref-Prefident of the Board of Health, for the time being, or in cafe 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 Cierks of the Wards aforefaid, where and when two thirds of faid Members of faid Board of Health are chofen as aforefaid, 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 prefide until a Prefident and Secretary fhall be elected by the Members of faid new Board, for faid Board ; and he hereby is authorized to adminifter to fuch Secretary an oath faithfully to record all the votes, orders, proceedings and regulations of faid Board, and faithfully to perform all the du- ties of his faid office, during his continuance therein; which oath fhall be entered and fubfcribed 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, books and papers of faid 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 laid Board. Sec. 2. Be it further enaBed, That faid Board of Health 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 veflel within the harbour of Lofton, or within the limits thereof, and the fame to de- itroy, remove or prevent, as the cafe may require ; and when- ever faid Board fhall think it neceffary for the prefervation of the lives or health of the inhabitants of Bofton to enter forci- bly any building, or veflel, having been refufed fuch entry by the owner or occupier thereof, within the limits of the faid Powers, 5 town of Bofton or the harbour thereof, for the purpofe of ex- amining into, deftroying, removing or preventing any nuifance, fource of filth, or caufe of ficknefs aforefaid, which faid Board have reafon to believe is contained in fuch building or veflel— any Member of faid Board, by order of faid 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 facts as far as faid Board have reafon to believe the fame relative to fuch nuifance, fource of filth or caufe of ficknefs aforefaid -, and fuch Juftice fhall thereupon ifiiie 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 fufficient aid and afliftance, 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 exifling 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 fuch officer for fuch purpofe. Provided however, Provifo. 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 j 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 fo 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 pofTeflion the fame may be found. And in all cafes where any contagious and malignant diforder exifts, within the limits of the town of Bofton, or on board of any veflel, or on any ifland within the harbour of Bofton, and it appearing to faid Board of Health, after the fame has been examined into by the Phyfician of faid Board, or fome other refpectable Phyfician of the town of Bofton, that the public fafety requires that any per- fon or perfons affected with any contagious, malignant diforder, fhould be removed to the Hofpital on Rainsford Ifland, or to any other place within the limits of faid town of Bofton, on 6 any ifland in the harbour of Bofton, or fhould be confined or remain in the place where fuch perfon or perfons thus affe«ed 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 place, building or veflel, 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- fifting 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 this fection of this Act, 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 enabled, 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 *er8, of all nuifances, fources of filth and caufes of ficknefs within the limits of the town of Bofton, or on board any veflel, 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 enabled, That the faid Board of Health fhall have power to feize, take and deftroy, or to re- May feize and move to any fafe place without the limits of the town of Bof- fcns™* F°Vlf* t0n' Pr caufe the fame t0 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, or fome other reputable Phy- fician of the town of Bofton, fhall not be fit for food and nour- ifhment, 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 poffeflion the fame unwholefome, putrid, or tainted article fhall or may be found. Sec '5. Be it further enacted, 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 veflel, 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 enabled^ That the faid Board of Health fhall have power to establifh 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 neceffary 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 all 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 Boarckof 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 veflel, or the cargo of the fame, or to any perfon or perfons going on board or returning from the fame; and every perfon who fhall 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- Fu- ture and aggravation of fuch offence. And the Board of Health fhall have power a; all times, to caufe any veflel arriv- s ing in the harbour of Bofton, which is foul and infected, or whofe cargo is foul and affected with any malignant and 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 poffeflbrs of the fame; and alfo all perfons arriving in or going on board fuch infe&ed veflel, 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 enabled, That faid Board of Health fhall have power, and it fhall be their duty to elea and appoint a principal Phyfician to faid Board, who fhall refide m pointed SP"for B®fton, and an affiftant Phyfician, who fhall, during the time Hofpital Ifland. of quarantine, refide on Hofpital Ifland, alfo an Ifland-Keeper* to refide on faid Hofpital Ifland, Boatmen and fuch other Of- ficers and fervants as will be neceflTary to carry into effect the rules, orders and regulations of faid Board of Health, as it re- fpects the quarantine; and fhall prefcribe to them their dutyj 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 enabled, That faid Board of Health fhall have power to elect and appoint Scavengers, Superintend- Scavengcrs and ants of burying grounds, Funeral Porters or Undertakers, and Puneral Port-fiich other Oflicers and Servants, as fhall be neceffary to carry ers« into effea 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 immoveable 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 tranfadt any bufinefs which the whole Board, were they all prefent, might or could tranfadt Sec. 9. Be it further enabled, 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, pafled 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 therto, fhall be, and they hereby are transfer-Transfer of red to and made the duty of the Board of Health of the town lowers. 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 expendi- Expenfes. tures of money, fhall be examined by the Committee of ac- counts annually chofen by faid town of Bofton for that purpofe, who fhall 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 faid Board may caufe fuch vacancy to be filled by a new election from the Ward from which faid Member was elected, by directing the Clerk of fuch 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 up. 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. Sec 10. Be it further enabled, 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 healthllck Prifoncrs- of the inhabitants of faid town, or the prifoners in faid gaol; 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 iflue 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 fuch prifoner either recover 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 iflued; 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 himfelf, his bondfmen, or the perfons who had the cullody of him in his confinement afore- faid. Sec 11. Be it further enabled, 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- Burying Llers and regulations for the interment of the dead in faid town, Grounds. tQ efl.abiifh 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 rule*-, orders and regulations, as they may Provifo for Pe-think proper: Provided, no one penalty for any one violation, fhall exceed the fum of fifty dollars. And all fuch rules, or- ders or regulation-, 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 eftablilhed them, or by fome fucceeding Board. Sec 11. Be it further enabled, That the faid Board of Permits. Health fhall have power to grant permits for the removal ..i any nuifance, mfefted article, or fick perfon, within the town of Bofton, when they think it fafe and proper fo to do; and 11 faid Board, whenever they think juftice requires it, may flop, difcontinue, difcharge or compromife any fuit, complaint or in- formation, originating under this Act. And all fines, forfeit- ures, penalties, fums to be paid or recovered, arifing under any of the provifions of this Act, fhall be profecuted for, by and in May profccute* 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 a? 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 laft cefs- 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 Ihow fufficient caufe as aforefaid, the faid Juftice lhall 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 executi. ns in civil actions are by law ferved, and made returnable, which iffue on judgment- render- ed in the Supreme Judicial Court of this Commonwealth : Pro- Provifo. vided however, that in all fuch profecutions as aforefaid, if the faid Board of Health lhall 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 fach cafe, the faid party informed againft and complained of, fhall recover his legal cofts againft faid Board, which cofb fhall be paid by the Treafurer of the town of Bofton. And in every profecution under this Aa, before any Juitice of the Peace as aforefaid, the party complained againft in fuch profecution, be- 12 ing diffatisfied with the judgment in the fame, given by fuch Appeals. Juftice, may appeal therefrom to the Bofton Court of Common Plea , 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 refpedts 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 ; and on the entry of fuch appeal in faid Court, the faid Court fhall have cognizance and jurifdidtion 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 jurifdidtion, 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 Act, the party prevailing in the faid Ccurt fhall recov- Gofts. er his cofts, to be paid in the manner prefcribed in this fedtion of this Adt: Provided however, that no appeal fhall be allowed or granted to faid Court in any profecution under the provifions of this Adt, 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 Act, fhall inure to the ufe of the inhabitants of the town of Bofton, and be accounted for by faid Board of Health, to and with the Town Treafurer of faid town of Bof- Provifo. ton. And provided alfo, that in confequence of faid appropria- tion of faid fines and forfeitures, or the appropriation of any other monies by virtue of this Adt, no inhabitant of the faid town of Bofton fhall be difqualified as a Juftice of the Peace, a witnefs or juror in any profecution under this Adt, 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 Exemptions, 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 inccnfiftent with or contrary to the provifions of this AOs 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 laws 13 are hereby confirmed, and they fhall have and exercife all the powers and duties required or permitted by this prefent Adt; and provided alfo, that all profecutions now pending, fhall be proceeded in, in the fame way and manner, as though this Adt had never been paffed. And in all profecutions under this Act, the perfons profecuted, may plead the general iffue, and give Ma7 P[etd the any fpecial matter in evidence under the fame ; and the com-g plaint, information, pleadings or proceedings in any profecu- tions under this Act, may, by leave of Court, before whom the fame is, or may be pending, be amended in any ftate of fuch profecution, without the payment of cofts by either party. [Approved by the Governor, June 20, 1816.] An Act to prevent the Spreading of contagious Sicknefs. Sect. 1. BE it enabled by the Senate and Houfe of Reprefenta- fives, in General Court affembled, and by the authority of the fame, That for the better pre veiiting the fpreading of infection, when it Selectmen to fhall happen that any perfon or perfons coiring from abroad, remove and or belonging to any town or place within this State, fhall be p"f™"° Vck vifited, or fhall lately before have been vifited with the plague, with contag- fmall pox, peftilential or malignant fever, or other contagious iousdiftempers. ficknefs, the infedlion 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 beft 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) ov otherwife 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. Perfons arriv- Sect. 2. And be it further enabled, That any perfon or per- ingf"om plaJe* fons coming from any place out of this State, where the fmall infeded to in- pox or other malignant diftemper is prevailing, into any town form Sekdmen within this State, fhal!, 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, give 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- Such perfons aDled by ficknefs, (hall, within the fpace of t *o hours after foadirlTed'bif warning given t0 him or them by the Selectmen of fuch town the SeUfimcZ f°r that purpofe, depart from this State, in fuch manner and by fuch road, av, 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 directed 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 'rnb'y fwith-tne Prevalence of fucn diftemper, fhall prefume to return into ouT"1 previousanv town °f this State, without liberty firft obtained from fuch pcrmiffion Juftice, fhall forfeit and pay the fum of four hundred dollars: And any inhabitant of this State, who fhall entertain in his houfe any perfon warned to depart as aforefaid, for the fpace of Penalty for re- two hours after notice given him of fuch warning, by one or fonl'warncd^omore °f the Selectmen aforefaid, fhall forfeit and pay the fum depart. of two hundred dollars. Sec 3. And be it further enacted, 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 appobteTto aC ^err^es or otner places by or over which paffengers may pafs tend at ferries, from fuch infected places; which perfon or perfons fo appoint- ee ed, fhall have power to examine fuch paffengers as they may fufpedt to bring infedtion 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 eir ower. ^ paffenger) wno corrung from fuch infe&ed 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, &c. Segt* ,4# And be %tfurther enabled, That if need be, any may be'requir-two Juftices of the Peace may make out a warrant directed to cd to remove the Sheriff of the County, or his Deputy, or Conftables of the infected p«rfonstownj or piace where any fuch fick perfon or perfons may be, hoefcs, &c. 15 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 infected 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 enabled, That whenever there Baggage may be brought into any town within this State, either from goods, &c. to any other town therein, or from parts without the State, anybe £CCjred' lf 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 fatisfidtion of any Juftice of the Peace, that there is juft caufe to fufpedt fuch baggage, clothing, or other goods, to be infected with the plague, frnall 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, directed 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- To 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- flances thereof; requiring likewiie 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 neceffary, te convenient houfes or ftores, for the receiving, lodging and fafe be ftored till keeping of fuch baggage, clothing, or other goods, until the &« from mfeo- 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 infected as aforefaid, he is hereby empowered and directed to iffue his warrant in manner as aforefaid, requiring faid Sheriff, his Deputy, or any Confta- ble or other perfon therein fpecially named, to remove faid 0r may be re. baggage, clothing, or other goods, to fame convenient place, movec, 1£ a where there fhall be the leaft danger of the infeaion fpreading;dUtaHce there to rermin, until the fame fhall be fufficiently aired and Ware houfeJj freed from infeaion in the opinion of faid Seleamen : And the &c may be faid Sheriff, Deputy Sheriff, or Conftable in the execution of »£*« J » faid warrants, are empowered and direaed, if need be, to break: fe &c. 16 mentioned in faid warrant, where fuch baggage, clothiog, or other goods fhall be ; and in cafe of oppofmon, to requirje fuch aid as fhall be neceffiry to effea the execution of faid warrants, Citizens areto and repel fuch opposition ; and all perfons are hereby required, nffordaflilUnce at tne commandment of either of the faid officers, having either if called upon. ofthe warrant:s aforefaid, under penalty of ten dollars, to be re- covered before any Juftice of the Peace in the County where fuch oppolition may happen, to aflirt fuch officer in the execu- tion of the fame warrant, againft any oppofition as aforefaid ; Expenfes of re-and the charges of fecuring fuch baggage, clothing, or other moval, &c. tog00(]Sj anc| of airing and tranfporting the fame, fhall be borne be defrayed by an(j p ^j ^ tne owners thereof, at fuch rates and prices as fhall be fet and appointed by the Seleamen of the town, where fuch baggage, clothing or other goods (hall be, to be recovered by aaion of debt, by any perfon or perfons who may have been employed in the bufinefs aforefaid, in any Court of Record pro- per to try the f ime. Inquiry to be Sect. 6. And be it further enabled, That inquiry fhall be made of veffels made by the officer or other perfon on duty at the Caftle in the paffing the harbour of Bofton, of every veffel coming from fea, and paffing by the faid Caftle, whether any infeaious ficknefs be on board, or has been on board, fince fuch veflel left the port from whence Veffels to be ^e *aft came ; and if any fuch veffel has any ficknefs on board, detained, if con-or has had any on board, fince her leaving fuch port, in fuch ceived infeo- cafe, orders fhall be given by faid officer, or other perfon on tK>U5* 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 Seleamen of the town of Bcflm, that they are of opinion fuch veffel may come up to the town without danger to the inhabitants, or until the faid mafter ©r commander fhall receive orders from the faid Seleamen to an- chor his veffel near the Hofpital on Rainsford Island, in the Penalty for harbour of Bofton. And in cafe any mafter or commander of falsely anfwer- a vefTel fhall, by himfelf or the people on board, make falfe ingatte M"anfwerj when inquired of as aforefaid, by the officer or other perfon on duty as aforefaid, or after orders are given as afore- faid, fhall neglea or refufe to anchor near the Caftle as afore- faid, or come on fhore, or fuffer any paffenger or other perfon belonging to the veffel to come on fhore, or any goods to be taken out before the veffel fhall have anchored, or without lib- erty from the Seleamen as aforefaid ; or in cafe any mafter or commander of a veflel ordered to anchor near the Hofpital aforefaid, fhall neglea 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 enabled, That upon application Goods fuppof- made to the Seieamen of the town of Bofton, by any mafter or^fl^ may be commander of any veflel at ar.chor near the Hofpital as aforefaid, permittedt»be the laid Seleamen are hereby empowered to permit fuch paf-landed. fencers, goods, or lading, as they fhall judge free from infection, 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 Perfons land- veffel, for the time being, fhall come on fhore, or fuffer any of ">£ or holdinS ... n* n u communication his people or paffengers to come on fhore, or any boat to come w;th perfon. on on board, or fuffer any goods to be taken out of his veffel, un-fh-,re forbidden lefs permitted as aforefaid, or fhall come up to faid town, with till legally per- his veflel, until by a certificate under the hands of faid Selea-mittcd- men, or the major part of them, it fhall appear that faid veffel, company and goods are clear of infeaion, 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 fliore, or go to the aforefaid Houfe or Ifland in time of infeaion there, without leave as aforefaid ; or if any perfon put fick into the faid houfe, or fent there on fufpicion of being infeaed, fhall prefume to go off the faid Ifland without leave as aforelaid ; any perfon offending in any of the particulars above mentioned, fhall forfeit the fum of two hundred dollars; 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 fection, fhall be by india- ment or information in the Supreme Judicial Court or Court of General Seffions of the Peace; and one moiety of all fines mentioned in faid felons, fhall be to the ufe of the town of Bofton, 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 enabled, That whenever any Veffels may be fhip or veflel, wherein any infeaion or infeaious ficknefs hath J^^f* lately been, fhall come to any harbour within this State ; or whenever any perfon or perfons belonging to, or that may eith- er bv ned by ... . J c ^ r . ■ r n.- the Sele i i • i i i • Health Com- in this Commonwealth, may, at the r meeting held in M;>fch mitteeorofficer or April annually, or at any other meeting legally warned forniay b« ap- the purpofe, when they fhall judge it to be neceffary, choofe P°int£d- and appoint a Heath Committee, to confift of not lefs than five, nor more than nine fuitable perfons, or one perfon to be a Health Officer, whofe duty it fhall be to remove all filth of any kind whatever, which fhall be found in any of the ftreets, lanes, wharves, clocks, or in any other place whatever, with- in the limhs of the town to which fuch Committee or Health Officer belongs, whenever fuch filih 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 rs aforefaid fhall be found on private property, faid Committee or Health Officer ftiall 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 neglea 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 tor 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 . forefaid 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 nvy be fued in the fame way as is provided in this Aa for the recovery of fines as aforefaid. Sect. 12. And be it further enabled, That whenever any Tn'coutn derthedireaion Burial Grounds, to place within 12 months after the burial ot ^ntnt^^'fuch perion, a ftone of the following dimenfions, viz.-length 4) feet, breadth i foot 10 inches, thicknefs 3 \ inches, having the perfon's name and >ge, the number of the grave and .he number of the range cut thereon, placed perpendicular 6 inches from t^e head . f the grave, and fettled in the earth .8 inches from a level fin-face; which, being reorded bv the Superinten- dant, fuch grave fhall be referved for the ufe of the fame family . for 20 vears ; and graves may be re-opened for members A the reSpeneT7 fame f imily, 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 BuryingGround fhall be at leaft eight feet from the furf ice of the ground ; and the bottom of the firft coffin buried in any grave in the South Burying Ground fh.ll be at leaft fix feet fix inches from the furface of the ground. Sect. 3. A new range of graves fh dl not be commenced un- p^rm£rttmiitil the 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 dcpofitswithonc purpofe in any of the Public Vaults, without the licenfe of this licenfe Board. Co fesdepofit- Sect. 5. "When a corpfe fhall be depofited in any of the ed fhall be re-Public Vmlts, the fame fhall be afterwards removed and inter- moved. rea^ agreeably to the regulations of the B»ard, 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. Feesfordepofit- Sect. 6. When a corpfe is depofited in a Public Vault, in ing. 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 colleaed by the Superintendant. _ . 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 recor- ded by the firft feaion of thefe Regulations; that from fuch returns this Board from time to time, may publifh Bills of Mor- tality for the town. ARTICLE II.—Funeral Cart. Super'intendant Sect. i. The Funeral Cars fhall be under the care of the *f th'Vncrai Superintendant, and fhall be depofited for fafe keeping in pla- Cars.' " ces provided therefor. It fhall be the duty of the Superintend- 25 ant, to keep them clean and in good repair ; and only permit Funeral Undertakers, licensed by this Board, to ufe the fame, on the payment of the fee eftablifhed by thefe regulations. The Superintendant to account monthly to the Treafurer of this Board for fuch fees. ARTICLE IN.— Funeral Undertakers. Sect. i. A fufficient number of Funeral Undertakers fhall Undertakers be appointed and licenfed by this Board, who fhall be refponfi-JWJjJ"1 and ble for the decent, orderly and f.iithful management of the Fu- nerals undertaken by them ; and for a ftridl compliance with thefe Regulations. Each undertaker may employ fober and dif- creet Porters to aflift him; and fliall be accountable to this Board for their condua.—Perfons not licenfed as Under akers, are forbid the undertaking of any Funeral, under penalty Of twenty dollars for each offence. ARTICLE IV.—Funerals, &c. Sect. i. All Funerals fhall b£ between fun-rifing and fun'""^^"JJ," fetting, except when otherwife ordered by this Board, in cafes of the preva'ence 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 th m two ftrokes in a minute; and the bells of the North Church fhall not be chimed more than fifteen minutes for one funeral proceffion. 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 permiflion 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 place? where to bury in the North and South Burying Grounds, for the burial of peo-peopleof colour. pie of color, under the direction of this Board. ARTICLE V.—Fines, ferV. Sect. i. If the Superintendant fliall violate any or either of Fines for violat- thefe regulations, he fhall, on conviaion, forfeit and pay a fine ingRegulauom. of fifty dollars. If an Undertaker fhall violate any or either of thefe regulations, he fhall, on conviaion, 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. Sect 2. The Supe»intendant Funeral Undertakers and Board to re- porters fhall at all times be removeable at the pleafure of this ^J%u^ Board. D 26 ARTICLE VI.—Fees, ferV. Sect. i. There fhall be colleaed and paid for fervices in the execution of thefe regulations, the following fees, viz^: Fees to the Su- For the Superintendant.—For each grave dug, feventy-five perintendant. cents, except for fuch perfons as are buried at tne expenfe of the town ; for each tomb or public vault opened, fifty cents. For the record of each perfon buried or entombed, twenty-five cents. For the ufe of the car at each funeral, two dollars ; and the fame with the fees for graves, tombs and public vaults, to be col- leaed from the f imilies of the perfons interred. The recording fees to be paid quarterly by the Board of Health. Fees to theUn- Fees for Undertakers. For digging a grave 8 feet deep, and derukers. covering the fame, two dollars and fifty cents; for 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 colleaing 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 ft. 'rs, one dollar; for the ufe of one horfe in the car, and lea- der, 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 gr >ve, tomb or vault, and removal of the fame fr -m the Public V.mlt to the place of interment, including the affiftance of funeral porters, and the leader or leaders of the Funeral Car, three dollars. Additional fee. Spct. 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. D-g^ing a grave 3* feet deep, feventy-five cents ; for fervice at the houfe, one dollar ; tolling bell, fifty cents; 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 f-es provided for in the firft feaion of this article" ARTICLE VII.—Burying Grounds. Certain bury- Sect, i—The Central, Chapel and Granary Burying ing- ground* Grounds are clofed fo far, that no graves fhall be opened or «oic* dug, nor tombs built therein, until the further order of this Board. 27 Sect. 2. The old part of the North Burying Ground is Qth„t doki alfo clofed fo far, that no graves fhall be opened or dug therein, conditionally. excepting in the places appropriated for the interment of people of colour, under the direction of this Bo.-rd Perfons may have leave to erea tombs in the new part of the North Burying Ground, and the South Burying Ground, under the direaion, and on the conditions prefcribed by this Board. By order of the Board of Health, BENJAMIN WHITMAN, Prefident. Atteft—N. Greenough, Secry. HEALTH OFFICE. Boston, July 30, A. D. 1816. THE Board of Health of the Town of Bofton, do hereby eftablifh and regulate the Quarantine to be performed by all veffels arriving within the harbour of the town of Bofton, and do eftablifh, make and ordain the following Orders, Kules and Qu-trantine ef- Regulations, relating to faid Quarantine, the fame in the opin-"binned. ion of faid Board, being neceffary for the fatety of the public, and the fecurity of the health of the Inhabitants of the faid town of Bofton ; and the fame are to be obeyed by all perfons, and fhall continue to be in force, until the fame are altered or repealed by this Board, or by fome fucceeding Board of Health, viz.: ARTICLE I. Quarantine of Veffels. Sect 1. On and after the twentieth day of May annually and until the twentieth day of Oaober, in each year, a quar- antine fhall be had of all veffels, their officers, crews, paffen- cers 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 anv of the Britifh provinces in North America, having arrived there from any of the places herein mentioned, or any port or nlace where contagious ficknefs doth or hath recently prevail- SErf S veffelI oSn board of which any perfon fhall have died of anv difeafe, or been fick during their homeward paffa^e,ex- ceptinVveffel coming from places beyond the Laps of M Z where no contagious or malignant difeafe was known to Z%vz\Zt previou to their departure-or from the Iflands °(trT l^afrntine above direaed, fliall be had near D 7'fnJd under the direaion of the Principal or Aflif- ^^^» oflicers of this Board, and thah con- 28 tinue on every veflel which has had twenty-two or a lefs num- ber of days pafl'age, until fhe lhall have made up twenty-five days from the day fhe left her laft port ; and on each veffel which has had twenty-three or more days paffage, feventy-two hours, in addition to luch paffage. And on every veflel, on board which, during her homeward paffage, any perlbn fhall have died (excepting from accident or calualty) the quarantine fhall be extended to 25 days from the laft djath. And no veffel fhall be confidered as having commenced quarantine, un- til lhe lhall have anchored in her proper ftation on quarantine ground, as directed by the Principal or Afliitant Phyfician, or other officers of this Board. Matters, Sec. of Slli. 3. The mafters, officers, crews and paffengers of all veffels, to com-veffels when on quarantine, lhall be fubjea to the Regulations uiltionk RCg °* tms ^oartI» and lucn others may be adopted by the Princi- pal or Afliftant Phyfician : and the mafter of each veffel fhall be accountab e for the appearance on board his veffel, at the time fhe fhall be difcharged from quarantine, of all 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 paffage, cafes of death excepted. Sec. 4. In extraordinary cales, the Committee of the week Extraordinary is authorized to direct the above period of quarantine to be caies. prolonged. btcT. 5. Veffels not otherwife fubjea to quarantine, hav- difJhaV'e Te^ in£ only Smail tx on Doara> mav De difcharged whenever the tain'vdfek6 1 nncipal or .ftffiftant Phyfician lhall confider them free from inftdtion. Mafters of vef *>*CT- °- Every mafter of a veflel fhall, within twenty-four fehrruft deiv- hours after being difcharged from quarantine, deliver at the J ceItificat"' Health-Umce in raneuil Hall, the ceitificates and flags he fhall have received from the Principal or Afliftant 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 veflel to entry at the Cultom-Houfe. Sect. 7. W hen any veflel has been quarantined, examin- Fees paid toed and attended, and the mafter is defirous of leaving the the Ph,0cian. ground, with his veflel, for any other port, he fhall, previous to his receiving hib certificate of difcharge, pay to the Princi- pal or Afliftant Phyfician the eftablifhed tees. Sect. b. During the time a veflel fhall be on quarantine Article unin-on application iraue to this Board to permit the unloading and Cm1"*7 *«?*'>»";« t0 to*n ot an> "»* run., fpirits, fait, fugar, mo- »anaea lafies, mahogany, dye-woods, tobacco, preferved or other fruits ar.d fuch other article* as fhall be declared incapable of receiv* »g or conveying infc&an, ano when permiffion to unload the fcn.e Hall have been obtained from the Cuttom-Houie ; it foil be lawful lor the Commutee for the week to authorize 29 the Principal or Afliftant Phyfician of this Board, to permit fuch articles to be unladen from any vefll-1 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 Affiftant ana lighters. Phyfician fhall grant a certificate thereof, to be depofited in the Health-Office, for which \l5 cents fhall be paid : And the lighters to be employed in the tranfportation ot fuch uninfect- ed articles, fhall, when unemployed, be anchored off the fouth- eaft part of Rainsford if ana ,• and the lightermen employed therein, fhall not be permitted to land in town, without the permiffion of the Principal or Affiftant Phyfician. ARTICLE II. Mediterranean Veffels. Sect. 1. Every mafter of a veffel who, on and after the Mcditerranean twentieth day of May annually, and before the twentieth day veffels of Oaober, in the fame year, fhall arrive from Gibraltar, or at any port or place within the Streights, fhall carry and anchor his veffel on quarantine ground, where fhe fliall remain until fhe be examined by the Principal or Afliftant 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 Mailer of fuch veflel* lhall receive a counter certificate from the Secretary of this board, to entitle his veflel to entry at the Cuftoiii-Houle on his pa>mg him the fum of five dollars. ARTICLE III. Fejels t° be Reported. Sect. 1. The mafters of all veffels, which, on and after ^^ ^ ^ the twentieth day of May annually, and before the twentieth rcported> day of Oaober in the fame year, fhall arrive from any port or place not fubjea to quarantine, fhall, previous to tntry at the Cuftom-Houfe, make report at the Health-Office in hanutil- Hall, of the ftate and condition of their crew^, paffengers and cargoes, and of all other circumftances which may concern the public health. If found to be from a port tree ot contagious difeafe, the mafter of each veflel fhall receive a certificate to permit the entry of fuch vtffel at the Cuftom-Houfe, for which Is cents fhall be paid ; if otherwise, the veffel, crew and paf- fengers fhall be fent to Rain ford Ifland, on quarantine. ARTICLE IV. Veffels from Out-Ports. Sect. 1. Every veffel which fhall arrive, and enter at an)r § ^ out-oort from any of the ports or places mentioned in the hritoul.portr article of thefe Regulations, and fhall afterwards come to this port fhall be fubjea to quarantine, unlefs the mafter produces so a correa certificate from the Board of Health, or Seleamen, 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 calualty) or been fick on board; and that fuch veflel has been duly examined, and thoroughly purified or cleanfed. ARTICLE V. InfiBed Veffels. Sect. 1. All veffels from any port or place whatever, hav- Infeacdveffels. ing on their homeward paffage had one or more perjonsfick on board, fhall, at allfeafons ot 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 of the Principal Phyfician, and Affiftant Phy- fician. Sect. 1. It fhall be the duty of the Principal Phyfician of Po^er of 5ethi" ^°ivA* (when no Affiftant fhyfician refides on Rainsford Phydcians. * C 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 direa in what manner veffels are to be cleanfed ; what articles fhall be landed, wafhed, buried, or deftroyed fie 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 lhall 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 tor 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, lhall immediately prefent j his account for attendance to the Committee for the week, a record of which fhall be entered on the Journal kept by that Committee. He fhall direa the Pilots where to anchor vef- fels ; and they are hereby required to obey his direaions. He fhall deliver to the mafter of each veflel arriving on quar- antine, a copy of the Quarantine Regulations of this Board. He may eftablifh rules and regulations for the prefervation of good order on the Ifland, to promote 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. 31 formed quarantine; and generally, it fhall be his duty to do and perform all things neceffary to carry the Regulation- of Quarantine into complete effea. And when an Afliftant Phy- fician fhall refide on faid Rainsford Ifland, all the duties and powers of the 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 theScermr ,( Principal or Afliftant Phyfician's certificates of difcharge ; fhall quarantine d«- give counter certificates to entitle fuch veffels to entry at the ty. 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; and fhall receive and communicate at every meeting of this Board, the reports received from the Ifland. ARTICLE VIII. The I/land Keeper's Duty. Sect. 1. The Ifland Keeper or his Afliftants fhall attend [flaiul Kecpef., the purification of all veffels, clothing, bedding, perfons, &c. duty. at quarantine, agreeably to the direaions 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- leaed as the fees of the Principal or Affiftant Phyfician are by law colleaed or afliimed; and fhall employ two perfons to ply the Ifland boat, during the time a general quarantine is requir- ed ; who fliall be fubjea to the orders of the Committee of the Quarantine, and fliall communicate to the Health-Office in- formation of the arrival of veffels at the Ifland, as they occur; and of any event which may require the attendance of the Principal or Affiftant Phyfician at the Ifland; fhall carry fup- plies to veffels on quarantine, when delivered on board the boat, and fhall be held to conform to all the direaions of this Board. Sect. 2. In the abfence of the Principal and Affiftant IflandKeeper., Phyfician, the Iflmd-Keeper or his Afliftant are charged withduty when rhe the police of the Ifland, agreeably to the laws and rules there- Phyfician isab- of. ARTICLE IX. No oerfon not on quarantine fhall be allowed to vifit Rainf- Not vine the ford iSand during the time of quarantine, without producing «^«*»* \ permit from the Secretary of this Board, for which 25 cents *-« 32 fhall be paid for each perfon; but no certificates fliall be valid, unlefs prefented within twenty-four hours from the date there- of. ARTICLE X. Sect. 1. The Boird 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 cafe, may think proper, confiftent with the publick fafety. By order of the Board, BENJAMIN WHITMAN, Prefident. HEALTH OFFICE. Boston, July 30, 1816. THE Board of Health of the Town of Bofton, do make and order, that the following Kules, Orders and Regulations, for the preventing, removing or deftroying all Nuifances, fources of Filth, and caufes of Sicknef,. within the limits of the town of Bofton, or on board anv veffels, or on any Ifland in the harbour of Bofton. fhall continue in force and be obeyed by all perfon ftraw» nair> 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 33 occupier of fuch cellar, yard or other premifes, where found ; or the owner or occupier of the premifes from whence fuch dirt, faw-duft, &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 other ways fufficiently tight to prevent the faid earth, fand, clay, or dirt, from dropping in the ftreets through which they may pafs. Wafte Water. Art. 3. The owners or occupiers of houfes, buildings or lands, fhall caufe all Wafte Water from their premifes to be Waftc Water> conveyed from their cellars, yards, finks, pumps and vacant lands, through drains under ground to common fewers; or to fuch refervoirs funk under ground to receive the fame, as a committee of this Board fhall approbate. Vaults, Privies, CSV. Art. 4. The owners of vaults or privies, and the occupi- ers of the houfe or houfes, ftore or buildings, to which they &*" *'prn belong or are attached, fhall not permit the contents of fuch 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 of 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- pofe. Stables, and Stable Manure. Art. 5. The owners or occupiers of livery and other fta- StaWei and fta. bles, fhall not permit more than two cart loads of manure to Dic 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 ftables and ftable yards clean and decent. Market Stalls. Art. 6. Perfons occupying flails in Faneuil-Hall, Boylfton Regulation of or Parkman's Market-Houfes, or the Market-Place, and Dock- Market ftalfc fquare, fhall daily, in the morning, during the months of June, July, Auguft, September and Oaober, walh or cleanfe their refpeftive flails—They fhall not permit any heads, feet or of- E Hi fals of dead animals, or vegetables of any kind to remain in or about their flails, over night. They fhall take up and remove the platforms of their refpeaive ftalls, on the firft day of June, and fhall not replace them u-itil the 1ft dav of No- vember enfuing ; during which period, meats of any kind fliall not be expofed in the markets, or any other place within the town, exc pting in the ftalls, carts, or other vehicles, which fhall be covered from the ray- of the fun ; nor expofe for fale any mutton or lamb with the feet on the fame. Damaged Grain, Rice and Coffee. Damage'grain, Art. 7. -No perfon fhall be allowed to land on any wharf, rice and coffee, or put on fhore, from any boat or veffel, or bring into town by land, any damaged grain, rice, or coffee, without a permit from this Board. Swine and Goats. Refpe&ing the Art. 8. Swine and Goat? fhall not be kept within the keepng iwine limits of this town by any perfon, without a licenfe from this and goats. Board, and in fuch place and manner as the Board fhall ap- prove. Frejh Fijh. Art. 9. All Fifih before brought into this town, fhall firft Fr«flifilh,whenbe gutted, and the fifh made clean Frefh Fifih, (excepting permitted. fuCh as are named in the fucceeding article) fhall not be offer- ed for fale between the lft 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 J ft day of June, and after the firft day of Oaober, fliall be kept clean in covered carts, barrows, &c. Salmon and Small Fifh. Art. 10. Salmon, Shad, Bafs, Mackerel, Tautog, Eels ralTL *ndFlounders, Tomcods, Smelts, and other fmall Fifh, may be fold fmall fib. at all times, in any part of the town, provided they be kept fecure from the rays of the fun ; but venders thereof will be held refponfible 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 Faneuil Hall Market for the fale of fuch Fifh as are allowed by this artirl* but at the north fide of faid Market-Houfe, at the place Dro vided by the Clerk of faid market for that purpofe. And whereas fick perfons are much diftreffed by the Drac tice of blowing horns, trumpets, and other wind inftruments" 35 by Fifhermen and others, to call the attention of the people to their occupations and bufinefs, and the fame is injurious to the health of the inhabitants ; therefore, Ordered, That horns, trumpets, or other wind inftruments, lhall not be blown or founded by any Fifherman or other perfon, to the injury or difturbance of any fick perfon. Oyfters. Art. 11. Oyfters fliall not be offered for fale within theoyders. limits of the town, between ihe 5th day of July and the 1ft day of September. Feathers, Rags, Izfc. Art. 12. Feathers, old or new, fhall not be landed, or peather8| ragSj brought within the limits of the town between the 1ft day of &c. May and the 1ft 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 ipecial permiflion of this board. Nor fhall any clothing or other article, which contains or is affaed with 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 Aa empowering the town of Bofton to choofe a Board of Dfet.ermJnarJ.°" »» . . r . . , i • r • i m ii- rr • i of the Board to Health, and other laws relating to laid board, being eiiential eaforce RuiC5# to the prefervation of the health of the town, it is the deter- mination of the Board of Health moft rigidly to 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 conftituents to caufe thefe Regulations to be made known to all perfons under their di- reaion, and read to their domeftics ; and alfo to aflift the Board in their due execution. Complaints of any breaches thereof, or any neglea 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, Prefident. A true copy of Record—N. Greenough, Sec'ry. so An Act to protect the Sepulchres of the Dead. Sect. i. JJE it enacted by the Senate and House of Representa- tives in General Court assembled, and by the authority of the same, Pen It f That if any person, not being authorized by the Board of Health, taking^ead ?T the Selectmen °f any town in this Commonwealth, shall know- bodies. lngh and wilfully dig up, remove or carry away, or aid or assist in digging UP» removing or carrying away any human body, or the re- mains thereof, such person or persons so offending, shall, on con- 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 person or persons knowingly and wilfully receive, conceal, or dispose of 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 or they shall be subject to the same forfeitures and pen- 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 persons 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.] 37 IN BOARD OF HEALTH, Boston, April 6, 1816. VOTED, That the following Rules and Ordexi be adopted for the regulation of the Board the enfuinr year, viz.—- Article 1. There fhall be a ftated Meeting of the Board every Monday, to commence the i5th inftant, at 3 o'clock, P. M. until the firfl week in November, and once a fortnight the remainder of the year. Seven Members fhall be neceffary to form a Board. Article 2. In the abfence of the Prefident, a Prefident pro tern. (hall be appointed. Article 3. The Members fliall take their feats at 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 Prefident. Article 4. In all debates, the fpeaker fhall addrefs the Prefi- dent, and there fhall be no interruption of a Member fpeaking, excepting to call him to order. In all debates, no Member fhall be allowed to fpeak to the point in debate, more than twice, without fpecial leave of the Board, nor more than once, while Mem- bers who have not fpoken wifh to fpeak. Article 6. The majority of votes of the Members prefent fhall be confidered as the act of the Board ; but any Mem- ber may enter his diflent to any meafure on the Re- cords of the Board, and no vote fhall be re-confidered by a lefs number than there were prefent when the fame was paffed. 38 Article 6. No Member of the Board fhall withdraw himfelf without leave from the Prefident. I Article 7. An inviolable fecrecy fhall be obferved by the Mem- I bers, of the names of all perfons entering complaints, I and the Officers of the Board are enjoined ftnaiy to 1 obferve this Article. Article 8. Punftuality as to the time of meeting of the Board mail be ftrialy obferved, and no perfon other than the Officers of the Board fhall be admitted during its de- liberations. Article 9. The Board fhall be divided into Committees of three each, to be flyled the Committee for the Week of the Board of Health, the Members of which fhall fit daily in rotation, and during their continuance in office fhall have power to carry into execution all the Laws, Rules and Regulations of the Board; fhall make records of * their proceedings for the general infpe&ion of the Mem- | bers, and whenever they judge it neceffary, call fpecial Meetings of the Board. Article 10. No Member fhall be obliged to ferve on more than I two Committees, excepting the Committee for the Week, unlefs all the Members are on that number. Article 11. The Treafurer, Secretary and Meffenger fhall keep books to enter all monies which they may receive and pay belonging to the Board, which books fhall at all times be open for the inflection of the Members of the Board. .^-7 X.^ ^>«fc A«^c-A«3■ £#~^*':?/7*- McL- Hist. Mt/3X