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DECISIONS OF SUPREME JUDICIAL COURT - Continued.

Nuisances-Concluded.

Fines and forfeitures recoverable only in name of treasurer of city or town,
City marshal or other officers may prosecute for fines
Wet, Rotten and Spongy Lands.

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Order to remove nuisance under Public Statutes, chapter 80, section 32, is
void, if made without previous notice or hearing.
Power to abate nuisance under Public Statutes, chapter 80, section 28
et seq.
Jurisdiction of board under Public Statutes, chapter 80, section 28 et seq.,
Assessment cannot be levied on persons to whom notice is not given under
Public Statutes, chapter 80, section 30.

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Board may act by a committee under Public Statutes, chapter 80, section
28 et seq.
If a board has given notice of hearing, it need not give new notice of inten-
tion to make assessment under Public Statutes, chapter 80, section 32,
Legality of the adoption of report of committee on assessment of damages
under Public Statutes, chapter 80, section 32

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Right of board of health to extend drain through private land
Chapter 80, section 35, does not prevent persons from resorting to superior
court

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Nuisance, the result of act of board of health chargeable to town
Claim for damages

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Infection, Persons sick with Infectious Diseases, Hospitals, etc.

Notice to be given to town where infected person belongs before action is
taken to recover expenses

Form of notice sufficient

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Authority of board of health in taking possession of dwelling-house under
Public Statutes, chapter 80, sections 40, 41, 75

house and furniture

Owner cannot maintain action of contract against town for use of house
Authority of member of board of health as to taking possession of dwelling-

Damages for value of property taken

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Right of board to use private premises as hospital

28

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Tenant at will cannot authorize board of health to use house for infectious
disease hospital

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Rules for guidance of boards of health

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Quarantine.

Owner of a vessel in quarantine not liable for expenses of a seaman trans-
ferred to hospital by order of board of health

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Regulations of board of health as to rag disinfection not unreasonable
Such regulations not void

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Board of health may pass regulations without hearing

Disinfection may be delegated to third person

Offensive Trades.

Effect of Public Statutes, chapter 80, section 84, as to assignment of offen-

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DECISIONS Of Supreme JUDICIAL COURT Continued.
Offensive Trades -- Concluded.

PAGE

Order of board, under Public Statutes, chapter 80, section 84, may be con-
sidered as a general regulation, and is sufficient if it shows that exercise
of such trade is injurious to health

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Keeping of swine an employment, and board has authority to regulate
under Public Statutes, chapter 80, section 84

Form of order valid under Public Statutes, chapter 80, section 84
Board of health may regulate as well as prohibit offensive trades

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State board must give notice, local boards may prohibit without notice
Local board of health may pass order forbidding keeping of swine
Sufficiency of notice

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Bill to restrain party, how properly brought and signed

Authority of supreme court to restrain by injunction, the board acting in
good faith toward interested parties

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Purpose of law to protect the business and not the building
Powers of state and local boards of health.

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Appeal from order of state board as well as that from local

Bill to restrain by injunction, how properly brought

Pollution of Rivers and Water Supplies.

Petition for an injunction to restrain from polluting water under 1884, chap-
ter 154, defence to

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Summary killing of animals with glanders, decision of commissioners not

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Regulation as to appointing undertakers and refusal of latter to give
bond,

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Removal of body not an offence, unless with intent to use and dispose of
for dissection

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Common law in relation to disinterring dead body superseded by Stat. 1814,

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Cutting trees in burial-ground, for private profit, a desecration

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Adulterated or Unwholesome Food and Drugs.

Criminal knowledge essential under Public Statutes, chapter 208, section 1,
Sufficiency of indictment

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(Milk.) Public Statutes, chapter 57, section 2, constitutional

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Definition of "sealing" of sample
Sufficiency of indictment

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Sufficiency of complaint

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Certain evidence not incompetent to show that milk was below standard,
Criminal knowledge not essential under Public Statutes, chapter 57,

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section 5.

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Form of indictment

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An expert in use of lactometer may testify to its results in a given case
without evidence as to its character

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Responsibility as to sale of milk under Public Statutes, chapter 57, sec-
tion 5

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Immaterial in what manner the quality has been reduced below the
standard (Public Statutes, chapter 57, section 5)

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Statutes as to reservation and sealing of sample, 1884, chapter 310, sec-

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tion 4, impliedly repealed by 1886, chapter 318, sections 1, 3
Evidence that milk was delivered under special contract immaterial
Inspector may testify as to results of analysis, when

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Not necessary to name quantity of coloring matter
Government cannot be required to choose one of two samples
Addition of coloring matter to milk is punishable whether it be injurious

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An offence to have in one's possession skimmed milk containing a foreign
substance, viz, annatto.

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Hotel keeper may be convicted for sale of adulterated milk

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Sale of cream containing boracic acid, within the meaning of "foreign
substance

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(Oleomargarine.) Cover of tub removed, but marked, statutes complied

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PAGE

DECISIONS OF SUPREME JUDICIAL COURT-

(Oleomargarine) — Concluded.

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Concluded.

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Oleomargarine and butterine are "provisions within the meaning of
Public Statutes, chapter 68, section 1
Immaterial whether purchaser is advised of real character of oleomargarine
under 1891, chapter 58, section 1
Oleomargarine colored with annatto, within prohibition of 1891, chapter 58,
section 1
One who delivers oleomargarine must carry public notice of license on
vehicle

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Proprietor of restaurant can be convicted under 1891, 412, section 5, if no
oral notice is given.

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The statute of 1891, chapter 58, is not repealed by 1891, chapter 412, sec-
tion 1.

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As to proper placard on side of wagon
(Veal.) Criminal knowledge not essential under first clause of Public
Statutes, chapter 208, section 2, but essential under second clause

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"Drainage" defined (act for protection of purity of inland waters)
"Sewage" defined (act for protection of purity of inland waters)
"Interments" defined (burials act)

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"Contagious diseases of animals" defined (cattle commissioners acts)
"Person," " child," "young person,"
"" woman,"
factory," "workshop,"
letter press establish-

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"iron works," "glass works," "paper mills,'
ments," "print works," "bleaching works," "dyeing works," "pub-
lic building," "school house" defined (factory and school house
inspection acts)

"Practical plumber," "journeyman" defined (plumbing act)

"Workshop" defined (clothing act)

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'Drug" defined (food and drug acts)

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"Butter" defined (oleomargarine laws)

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"Cheese" defined (oleomargarine laws)

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Expose for sale" defined (oleomargarine laws)

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"Knowingly" defined (laws relating to sale of immature veal).

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DISEASES OF HUMAN BEINGS. (See Dangerous Diseases)

DISEASES OF CATTLE. (See Cattle.)
Diseased animal or vegetable substance, sale of.
Product of diseased animal, sale of
Milk of sick or diseased cows, sale of
Distilleries, refuse of, milk of cows fed on
Disputed analysis

DOGS.

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Licenses to have description of hydrophobia printed upon them .
Mayor or selectmen may order dogs to be muzzled
Compensation of officers

Service of order

Penalty

DRAINAGE. (See House Drainage.)

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Not to be discharged into sources of water supply
Experiments in purification of

Systems of, state board to advise as to

Plans of, to be submitted to board

Petitions for authority to introduce systems
Definition of

DRUG.

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Definition of term

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DRUGS.

How adulterated, specifications

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Official drugs may be sold as called for, or as their variation is made known

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Not to be used in case of suspected death by violence without permit of
medical examiner

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EXAMINERS. (See Medical Examiners.)

FACTORIES, WORKSHOPS, ETC., INSPECTION OF. (See inspection of factories, etc.)
FINES AND FORFEITURES. (See Penalties.)

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Feeding garbage to milch cows prohibited

City or town may contract for disposal of garbage, refuse and offal
Feeding garbage to food animals except swine prohibited

General provisions of health laws

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Gas and electricity, accidents from, to be reported to gas commissioners
HEALTH, CITY BOARDS OF. (See City Boards of Health.)

186

STATE BOARD OF. (See State Board of Health.)

TOWN BOARDS OF.

(See Town Boards of Health.)

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