Form of notice, and how served. 1868 Board after hearing may Manner of such abatement. Damages, and upon whom assessed. 1868 selectmen constitute the board of health, to the mayor or the chairman of the selectmen, that they may be heard upon the necessity and mode of abating such nuisance, and the questions of damages, and of the assessment and apportionment of the expenses of the abatement. An order of the board of health of a city under Statute of 1868, chap. 160 (Pub. Stats., chap. 80, sects. 28 et seq.), directing the owner of land to remove a nuisance, is void if passed without a previous notice and hearing. Watuppa Reservoir v. Mackenzie, 132 Mass. 71. P. S., 80, § 31. Acts of 1894, 218, § 4. Such notice shall be in writing, and may be served, by any person competent to serve civil process, upon the mayor or chairman of the selectmen, the petitioners, the owner or occupant of any land upon which it may be necessary to enter, or which may be benefited by the abatement, or the authorized agent of such owner or occupant, or by leaving an attested copy of such notice at the last and usual place of abode of such persons; but if the lands are unoccupied, and the owner or agent is unknown, or out of the state, the notice to such owner may be served by posting an attested copy thereof upon the premises, or by advertising in one or more public newspapers in such manner and for such length of time as the board may direct. P. S., 80, § 32. Acts of 1887, 338, § 3. At the time and place appointed for the hearing, the abate nuisance. board shall hear the parties, and after the hearing may cause such nuisance to be abated, according to its or his discretion; and for that purpose may enter and make such excavations, embankments, and drains upon any lands, and under and across any streets and ways, as may be necessary for such abatement; and shall also determine in what manner and at whose expense the improvements made shall be kept in repair, and shall estimate and award the amount of damage sustained by and benefit accruing to any person by reason of such improvements, and what proportion of the expense of making and keeping the same in repair shall be borne by the city or town and by any person benefited thereby. The damages so awarded shall be paid by the city or town, and there shall be assessed to the several persons benefited by such improvements their proportionate part, to be ascertained as before provided, of the expense of making and keeping in repair such improvements, and the same shall be included in the next city or town taxes of such persons, and shall be a lien upon the real estate benefited thereby, and be collected in the same manner as other taxes upon real estate. Any person aggrieved by the assessment SO Party aggrieved made may at any time within three months after receiv- a jury, but must ing notice thereof, apply for a jury; such application give notice. shall be made in like manner and the proceedings thereon shall be the same as in case of lands taken for laying out of highways: provided, that before making his application, the party shall give one month's notice in writing to the selectmen or mayor and aldermen of his intention so to apply, and shall therein particularly specify his objections to the assessment, to which specification he shall be confined upon the hearing by the jury. An assessment cannot be levied for expenses incurred by a board of health under the Statute of 1868, chap. 160 (Pub. Stats., chap. 80, sects. 28 et seq.), upon a person to whom notice of the hearing provided for in sect 3 (Pub. Stats., chap. 80, sect. 30) is not given, although he has knowledge of the doing of the work whereby the expenses are incurred. Grace v. Newton Board of Health, 135 Mass. 490. It is no ground for a writ of certiorari to quash an assessment levied for expenses incurred under the Statute of 1868, chap. 160 (Pub. Stats., chap. 80, sects. 28 et seq.), that the expenses were not assessed proportionally upon all persons benefited, or that items were included in the expenses which ought to have been excluded. Grace v. Newton Board of Health, 135 Mass. 490. If a board of health has given notice of a hearing under the Statute of 1868, chap. 160, sect. 3 (Pub. Stats., chap. 80, sect. 30), it need not give a new notice of its intention to make an assessment under sect. 5 (Pub. Stats., chap. 80, sect. 32). Grace v. Newton Board of Health, 135 Mass. 490. A report of a committee of the board of health of a city, upon the assessment of damages and benefits sustained by the abatement of a nuisance, under the Statute of 1868, chap. 160 (Pub. may apply for Stats., chap. 80, sects. 28 et seq.), was accompanied by orders drawn in accordance with the report, and by warrants upon the city treasurer for the collection of assessments. The record showed that the report was accepted and the orders and warrants adopted. Held, that the adoption of the report sufficiently appeared. Grace v. Newton Board of Health, 135 Mass. 490. Upon proceedings by the board of health pursuant to Pub. Stats., chap. 80, sects. 28-33, for the abatement of a nuisance consisting of wet and spongy lands injurious to health, the measure of damages for land upon which it has been necessary to enter to abate the nuisance is the difference between its fair market value before the act of the board and such value afterwards. Driscoll v. Taunton, 160 Mass. 486. Upon a petition for the assessment of damages to land in consequence of proceedings pursuant to the Pub. Stats., chap. 80, sects. 28-33, for the abatement of a nuisance consisting of wet and spongy lands injurious to health, any nuisance on the land upon which it was necessary to enter, in order to be chargeable to the city or town, must be the result of the act of the board of health, and, unless such act results in a nuisance, evidence of a subsequent nuisance is immaterial. Driscoll v. Taunton, 160 Mass. 486. For ruling as to cases in which a landowner may be estopped from claiming damages by reason of acts of board of health, see Driscoll v. Taunton, 160 Mass. 486. Board to make return of doings to town clerk. 1868 P. S., 80, § 33. Acts of 1894, 218, § 4. The board shall within thirty days after the abatement of any nuisance in the manner herein before provided, make return to the city or town clerk of its or his doings in the premises, which return shall be by him recorded in the city or town records. If board unreasonably refuses P. S., 80, § 34. Acts of 1894, 218, § 4. If the board unreasonably refuses or neglects to proto act, superior ceed in the matter of such petition, the petitioner may court may appoint com. missioners. 1868 apply by petition to the superior court or any justice thereof, who, upon a hearing and good cause shown, may appoint three commissioners, who shall proceed in the manner hereinbefore provided. Acts of 1887, 338, § 2. Acts of 1894, 218, § 4. may appeal to and must give or health Any person entitled to notice of the time and place of Party aggrieved hearing upon a petition to the board of health under the superior court, provisions of section twenty-eight of chapter eighty of notice to board the Public Statutes as prescribed by section thirty of said officers. chapter, who is aggrieved by the decision of such board that the land described in such petition is a nuisance, may appeal therefrom to the superior court, who may hear and determine the matter of such appeal, and during such appeal all proceedings in regard to such nuisance by such board shall be stayed. The party so appealing shall within twenty-four hours after such decision give written notice to said board of his intention so to appeal and within seven days shall present a petition to the superior court setting forth the grievances complained of, and the action of the board of health thereon, and shall thereupon enter into such recognizance before said court in such sum and with such surety or sureties as shall be ordered. P. S., 80, § 35. Acts of 1894, 218, § 4. Any person aggrieved by the decision of the board, or commissioners, in their estimate and award of damages, may make complaint to the county commissioners for the county at any time within one year after the return to the city or town clerk; whereupon the same proceedings shall be had as in cases where persons or parties are aggrieved by the award of damages by selectmen for land taken for a town way. The fact that Pub. Stats., chap. 80, sect. 35, provide that any person aggrieved by the decision of the board of health in its estimate and award of damages upon proceedings brought pursuant to Pub. Stats., chap. 80, sects. 28-33, for the abatement of a nuisance, consisting of wet and spongy lands injurious to health, "may make complaint to the county commissioners for the county," does not prevent such person from resorting to the superior court under the provisions of Pub. Stats., chap. 49, sect. 105. Driscoll v. Taunton, 160 Mass. 486. Persons aggrieved in award of dam. ages may apply for jury. 1868 Persons aggrieved by refusal of board to abate a nuisance may APPEAL TO COUNTY COMMISSIONERS. P. S., 80, § 36 Any person aggrieved by the neglect or refusal of the board of health in a city or town to pass all proper orders abating a nuisance or nuisances may appeal to the county commissioners. commissioners, who may hear and determine the matter 1866 of such appeal, and exercise in such case all the powers which the board might exercise. appeal to county Party appealing to give notice, etc. Other proceedings. 1866 Cost and expenses, how paid. 1866 P. S., 80, § 37. The party so appealing shall, within twenty-four hours after such neglect or refusal, give written notice to the opposite party of his intention so to appeal, and within seven days shall present a petition to some one of the commissioners, setting forth the grievances complained of, and the action of the board of health thereon, and shall thereupon enter into such recognizance before the commissioners, in such sum, and with such surety or sureties, as they shall order. P. S., 80, § 38. Each commissioner, when acting under the provisions of this chapter, shall tax three dollars per day for time, and five cents a mile for travel to and from the place of meeting, to be paid into the county treasury; and such costs shall in the first instance be paid by the appellant, and the commissioners may award that such costs and any other costs of the proceedings shall be paid by either party, as in their judgment justice shall require. Householder to notify board of health of case of infectious disease. DISEASES DANGEROUS TO THE PUBLIC P. S., 80, § 78. Acts of 1884, 98, § 1. Acts of 1890, 102. When a householder knows that a person within his family or house is sick of small-pox, diphtheria, scarlet fever or any other infectious or contagious disease dangerous to the public health, he shall immediately give |