and articles to notice thereof to the board of health of the city or town in which he dwells, and upon the death, recovery or removal of such person, such of the rooms of said house Certain rooms and such of the articles therein as, in the opinion of the be disinfected. board of health, have been subjected to infection or contagion shall be disinfected by such householder to the satisfaction of said board of health. Any person neglect- Penalty for ing or refusing to comply with either of the above pro- refusal. visions shall be punished by a fine not exceeding one hundred dollars. P. S., 80, § 79. neglect or Acts of 1884, 98, § 2. Acts of 1891, 188. give notice. 1827 When a physician knows that a person whom he is Physicians to called to visit is infected with small-pox, diphtheria, scarlet fever or any other disease dangerous to public health, he shall immediately give notice thereof in writing over his own signature, to the selectmen or board of health of the town; and if he refuses or neglects to give Penalty. such notice he shall forfeit for each offence not less than fifty nor more than two hundred dollars. Acts of 1884, 98, § 3. The boards of health in the several cities and towns Records to be kept. shall cause a record to be kept of all reports received in pursuance of the preceding sections and such record shall contain the names of all persons who are sick, the localities in which they live, the diseases with which they are affected, together with the date and the names of the persons reporting any such cases. The boards of health school comshall give the school committee immediate information notified. of all cases of contagious diseases reported to them according to the provisions of this act. Acts of 1884, 98, § 4. mittee to be furnish blank The secretary of the Commonwealth shall furnish the Secretary to boards of health with blank books for the record of cases record books. of contagious diseases as above provided. Acts of 1883, 138, § 1. Acts of 1886, 101, § 4. When the board of health of any city or town has had Local boards notice of the occurrence of a case of small-pox in such board of cases notify state of small-pox. Local Board of cases of smallpox, etc. city or town, such board of health shall, within twentyfour hours after the receipt of such notice, notify the state board of health of the same, and the secretary of said state board shall forthwith transmit a copy of the notice so received to the state board of lunacy and charity. Acts of 1893, 302, § 1. When the board of health of any city or town has had State Board of notice of the occurrence of a case of small-pox or of any other disease dangerous to the public health in such city or town, such board of health shall, within twenty-four hours after the receipt of such notice, notify the state board of health of the same. Forfeiture of claim for expenses, if local board neglects to notify. School committees not to allow children sick with con to attend school. Certificate of recovery required. Acts of 1883, 138, § 2. If the board of health of the city or town, in which a case of small-pox or of any other disease dangerous to the public health has occurred, refuses or neglects to send a notice as required in section one [of chapter 302 of the Acts of 1893], such city or town shall forfeit its claim upon the commonwealth, for the payment of any expenses which may be incurred, as provided in section eighty-three of chapter eighty of the Public Statutes. Acts of 1885, 198, § 1. The school committees shall not allow any pupil to attend the public schools while any member of the housetagious diseases hold to which such pupil belongs is sick of small-pox, diphtheria, or scarlet fever, or during a period of two weeks after the death, recovery or removal of such sick person; and any pupil coming from such household shall be required to present, to the teacher of the school the pupil desires to attend, a certificate, from the attending physician or board of health, of the facts necessary to entitle him to admission in accordance with the above regulation. Board may permit removal of infected articles, etc. 1816 P. S., 80, § 39. The board of health of a town may grant permits for the removal of any nuisance, infected articles, or sick person, within the limits of its town, when it thinks it safe and proper so to do. P. S., 80, § 40. provision for fected. 1797 When a person coming from abroad or residing in a Board to make town in this state is infected, or lately has been infected, persons inwith the plague or other sickness dangerous to the public health, except as is otherwise provided in this chapter, the board shall make effectual provision in the manner which it judges best for the safety of the inhabitants by removing such person to a separate house or otherwise, and by providing nurses and other assistance and necessaries, which shall be at the charge of the person himself, his parents, or master, if able, otherwise at the charge of the town to which he belongs; or if he is not an inhabitant of any town, at the charge of the commonwealth. Notice should be given to the town to which the infected person belongs, before commencing an action to recover the expenses incurred by furnishing him with assistance and necessaries. Springfield v. Worcester, 2 Cush. 52. The following notice, sent by the selectmen of Springfield to the selectmen of Worcester, was held to be sufficient: SPRINGFIELD, May 25, 1846. GENTLEMEN:- James E. Belden, a colored man, came here, not far from the first of this month, diseased with the small-pox. The expenses of his sickness have been borne by this town, the man himself having no means of paying them. According to the information we have, the town of Worcester is liable for these expenses. We have therefore thought it our duty (although not legally obliged so to do) to notify you of the case, that you may take such measures in regard to it as you may deem proper. We are told Henry W. Miller of your place is well acquainted with Belden. The physicians who have had charge of the case state that their patient will probably recover. His disease has been the worst form of small-pox. In behalf of the selectmen of Springfield, TO THE SELECTMEN OF WORCESTER. HENRY MORRIS, Chairman. Springfield v. Worcester, 2 Cush. 52. Under the Pub. Stats., chap. 80, sects. 40, 41, 75, the board of health of a town has no authority to take possession of a dwelling-house and the furniture therein, without the consent of the owner and occupant and to his exclusion, and use the house as a hospital for a person found therein who is infected with a contagious disease, and is too sick to be removed without danger to his health; and the owner cannot maintain an action of contract against the town for the use and occupation of the house during the time it was so held by the board of health. Spring v. Hyde Park, 137 Mass. 554. A member of the board of health of a town has no authority, against the consent of the owner or occupant, to take possession of a dwelling-house in which a contagious disease exists, and of the furniture therein, to the exclusion of such owner or occupant, and to carry away and destroy portions of the furniture, or to station a person on the premises with instructions to prevent ingress to and egress from the same, except in the manner pointed out in the Pub. Stats., chap. 80. In an action against a member of the board of health of a town, who unlawfully took possession of the furniture in a house in which a contagious disease existed, and destroyed it, the defendant asked the judge to rule that the measure of damages was the market value of the property in its infected condition. The judge refused so to rule, and instructed the jury that the plaintiff was entitled to recover what the property was worth at the time it was taken, taking into consideration how much the value had been affected by its exposure to infection. Held, that the defendant had no ground of exception. Brown v. Murdock, 140 Mass. 314. The board of health of a city cannot, without the consent of the owner, lawfully establish and use premises as a hospital for patients sick with the small-pox, except under a warrant issued in accordance with the provisions of Pub. Stats., chap. 80, sect. 43. An owner of land, who is not in possession and has no right of possession thereof, cannot maintain an action of trespass quare clausum fregit, but may maintain an action for an injury to the reversion. The owner of a house in a city, which, while in the possession of a tenant at will, is taken and used, without the owner's consent, by the board of health of the city as a hospital for parties sick with the small-pox, may maintain an action against the members of the board for the injury to his reversion, if it appears that such use of the house diminished its rentable value. A tenant at will in possession of a house in a city cannot, as against the rights of the owner, authorize the board of health of the city to establish in the house a hospital for patients afflicted with an infectious disease, and to maintain such a hospital there to the damage of the reversion. Hersey v. Chapin, 162 Mass. 176. The following rules for the guidance of local boards of health in dealing with cases of disease dangerous to the public health may be deduced from the foregoing decisions: : In case it is desired to isolate the sick person, he should be removed to a hospital to be provided by the board, except in the case where he cannot be so removed without danger to his health. Even where the condition of the sick person is such that he cannot be removed without danger to his health, the board has no authority to establish the place where the sick person is as a hospital, without the consent of the owner thereof. In case the board desires to provide a hospital to which to remove such cases or to establish as a hospital the place where the sick person is, and is unable to hire the building for that purpose, it should procure the issuance of a warrant under sect. 43. P. S., 80, § 41. Bon cannot be If infected perremoved, others may be. 1797 If the infected person cannot be removed without danger to his health, the board shall make provision for him, as directed in the preceding section, in the house in which he may be; and may cause the persons in the neighbor- 1838 hood to be removed, and take such other measures as it judges necessary for the safety of the inhabitants. P. S., 80, § 42. be stationed in ing on other 1797 The board of health of a town near to or bordering Persons may upon either of the neighboring states may appoint, by places border. writing, suitable persons to attend at places by which states to examine, etc. travellers may pass from infected places in other states; who may examine such travellers as it suspects of bringing any infection dangerous to the public health, and if need be may restrain them from travelling until licensed thereto by the board of health of the town to which they may come. A traveller coming from such infected place, who without such license travels within the state (except to return by the most direct way to the state whence he came), after he has been cautioned to depart by the persons so appointed, shall forfeit a sum not exceeding one hundred dollars. P. S., 80, § 43. Two justices rant to remove may issue war. sick persons, etc. Two justices of the peace may, if need be, make out a warrant directed to the sheriff of the county or his deputy, or to any constable, requiring them under the direction of the board to remove any person infected with contagious 1797 sickness, or to impress and take up convenient houses, lodging, nurses, attendants and other necessaries, for the accommodation, safety and relief of the sick. See Hersey v. Chapin, 162 Mass. 176. Supra, sect. 40 and note. P. S., 80, § 44. When, upon the application of the board, it appears to One justice may a justice of the peace that there is just cause to suspect that baggage, clothing or goods found within the town are issue warrant to secure infected articles, etc. |