MANUAL. GENERAL POWERS AND DUTIES OF STATE BOARD. Acts of 1886, 101, § 1. health. The governor with the advice and consent of the coun- State board of cil shall appoint seven persons who shall constitute the state board of health. The persons so appointed shall How appointed. hold their offices for seven years; provided that the terms Term of office. of office of the seven first appointed shall be so arranged that the term of one shall expire each year. All vacancies Vacancies, on said board, whether occurring by expiration of term, or otherwise, shall be filled by the governor with the advice and consent of the council. how filled. Acts of 1886, 101, § 2. provided. The board shall be provided with rooms at the expense Rooms to be of the state and shall hold meetings each month on a day Meetings. fixed by itself, and at such other times as may be needful. It shall make its own by-laws, and shall make a By-laws. report of its doings to the governor and council on or Report. before the thirty-first day of December in each year, such report being made up to the thirtieth day of September inclusive. Acts of 1886, 101, § 3. Acts of 1889, 370. The board shall elect a secretary, who shall be the Secretary. executive officer and shall hold office during the pleasure of the board. He shall perform or superintend the work Duties. prescribed by law for the state board of health, and as directed by the board, and such other duties as the board may require. He shall not be ex officio a member of the Secretary pro board, but the board may, whenever it shall be deemed tem. Salary of secretary. Expenses of board and office. Certain general powers and duties of the state board of health. Further duties in case of con necessary, elect one of the members secretary pro tempore who may in the absence or disability of the secretary perform the duties of that officer. The secretary shall receive from the treasury an annual salary of three thousand dollars and his necessary travelling expenses incurred in the performance of official duties. No member of the board shall receive any compensation; but the actual personal expenses of any member while engaged in the duties of the board shall be paid from the treasury, after they have been audited by the board. All other necessary expenses arising in the secretary's office or from the discharge of the duties of the board shall be paid out of the treasury in the same manner as those of the different departments of the government. P. S., 80, § 1. Acts of 1886, 101, § 4. The state board of health shall take cognizance of the interests of health and life among the citizens of the commonwealth. It shall make sanitary investigations and inquiries in respect to the causes of disease, and especially of epidemics and the sources of mortality and the effects of localities, employments, conditions, and circumstances, on the public health; and shall gather such information in respect to those matters as it may deem proper, for diffusion among the people. It shall advise the government in regard to the location and other sanitary conditions of any public institutions. The state board of health was originally established by chap. 420, Acts of 1869. Its powers were subsequently enlarged by chap. 167, Acts of 1871, and chap. 183, Acts of 1878. By chap. 291, Acts of 1879, its powers were transferred to the newly established state board of health, lunacy and charity. By chap. 101, Acts of 1886, the state board of health was reestablished, and its powers were still further enlarged by chap. 274, Acts of 1886, and further by chap. 375, Acts of 1888. P. S., 80, § 2. Acts of 1894, 218, § 4. If small-pox or any other contagious or infectious distagious diseases. ease dangerous to the public health exists, or is likely to 1879 exist in any place within the state, the state board shall shall have investigate the same, and the means of preventing the spread thereof, and shall consult thereon with the local authorities, and shall have co-ordinate powers as a board State board of health, in every place, with the board of health thereof, co-ordinate or with the mayor and aldermen or the selectmen, if no focal boards. such board or officer exists in such place. [For other powers and duties of the state board of health see pages 4, 26, 38, 51, 53, 58, 59-64, 74, 110, 123, 159, 187.] powers with GENERAL PROVISIONS. P. S., 80, § 106. tends to cities. The provisions of this chapter [c. 80, Public Statutes] Chapter ex extend to cities so far as the same are not inconsistent with their several charters or acts in amendment thereof. Acts of 1893, 460, § 1. may enforce The supreme judicial court sitting in equity may, on Supreme court the application of the board of health of a city or town, health laws. by any appropriate process or decree, enforce the provisions of chapter eighty of the Public Statutes, and of the acts in amendment thereof or in addition thereto, and this remedy shall not supersede, but shall be in addition to any other remedies provided for the purpose. Acts of 1893, 460, § 2. The court may frame issues of fact to be tried by a Trial of cases. jury in any case under the preceding section, when requested by a party, and direct the same to be tried in the county where such cause is pending, at the bar of the supreme judicial court, or the superior court; and if the regular term for such trial does not come within one month from the making up of such issues, any justice of the court may order the clerk for the county where the case is pending, to summon a jury in the ordinary manner of trying any such issues, and the proceedings at such trial shall be in all respects the same as if at the regular term of the court, and the record thereof shall have the same force and effect as any other record of the court. Towns may elect boards of Three persons, each for three years. Selectmen to be the board, when. 1797 TOWN AND CITY BOARDS OF HEALTH. Acts of 1895, 506, § 2. Every town in the Commonwealth may elect a board of health by ballot. health by ballot at the annual meeting of the town, or at a meeting legally warned for the purpose, consisting of three persons, to serve, one for the term of three years, one for the term of two years and one for the term of one year, beginning with the day following such town meeting or until their respective successors are chosen and qualified; and thereafter such town shall, at its annual town meeting, choose in the same manner one person who shall hold office for three years from the day following such town meeting or until another is chosen and qualified in his stead. If no such board is chosen the selectmen shall constitute such board of health. 1817 1878 One member of board to be a physician in towns of 5,000 people. Acts of 1894, 218, § 3. In each city and town having a population of more than five thousand inhabitants, as determined by the last census, at least one member of said board shall be a Local board to physician, and the board shall send an annual report of the deaths in such town to the state board of health. The form of such reports shall be prescribed and furnished by the state board of health. report deaths to state board. Physician not required to be a Acts of 1895, 506, § 3. So much of section three of chapter two hundred and member, when. eighteen of the acts of the year eighteen hundred and ninety-four as provides that one member of the board of health shall be a physician, shall not apply to towns in which the selectmen constitute the board of health. Vacancy in local board by refusal to accept office, how filled. Acts of 1885. 307, § 1. If a person elected a member of a board of health in any town, respecting which no provision is made by special law for choosing a board of health, after being duly notified of his election in the manner in which town officers are required to be notified, refuses or neglects to accept said office, or if a member of a board of health in such |