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Sheriff may impress aid. 1797

infected with the plague or other disease dangerous to the public health, he shall, by warrant directed to the sheriff or his deputy, or to any constable, require him to impress so many men as said justice may judge necessary to secure such baggage, clothing or goods, and to post said men as a guard over the house or place where such articles are lodged; who shall take effectual care to prevent persons from removing or coming near the same until due inquiry is made into the circumstances.

Officers may take houses and stores for safe keeping of goods, etc.

1797

May break

open houses,

command aid.

1797

P. S., 80, § 45.

The justice may by the same warrant, if it appears to him necessary, require the officers, under the direction of the board, to impress and take up convenient houses or stores for the safe keeping of such articles; and the board may cause them to be removed thereto, or otherwise detained, until, in the opinion of the board, they are freed from infection.

P. S., 80, § 46.

The officers, in the execution of the warrant, shall, if shops, etc., and need be, break open any house, shop, or other place, mentioned in the warrant, where such articles are; and may require such aid as is necessary to effect the execution of the warrant Whoever neglects or refuses to assist in the execution of the warrant, after being commanded to assist by either of said officers, shall forfeit a sum not exceeding ten dollars.

Expenses to be paid by owners of goods. 1797

P. S., 80, § 47.

The charges of securing such articles, and transporting and purifying the same, shall be paid by the owners, at such rates and prices as may be determined by the board.

Town to make compensation

for houses, etc.,

or services impressed. 1797

P. S., 80, § 48.

When a sheriff or other officer impresses or takes up any houses, stores, lodging, or other necessaries, or impresses men, as provided in this chapter, the several parties interested shall be entitled to a just compensation therefor, to be paid by the town in which such persons or property are so impressed.

P. S., 80, § 49.

prisoners at

disease.

1816

When a person confined in a common jail, house of Removal of correction or workhouse, has a disease which, in the tacked with opinion of the physician of the board or of such other physician as it may consult, is dangerous to the safety and health of other prisoners or of the inhabitants of the town, the board shall by its order in writing direct the removal of such person to some hospital or other place of safety, there to be provided for and securely kept so as to prevent his escape until its further order. If such person recovers from the disease, he shall be returned to said prison or other place of confinement.

P. S., 80, § 50.

moval to be

Such removal

If the person so removed is committed by order of court Return of reor under judicial process, the order for his removal, or a made to court. copy thereof attested by the presiding member of the not an escape. board, shall be returned by him, with the doings thereon, 1816 into the office of the clerk of the court from which the process of commitment was issued. No prisoner so removed shall thereby commit an escape.

P. S., 80, § 70.

be provided by

Any town may establish within its limits, and be con- Hospitals may stantly provided with, one or more hospitals for the re- towns. ception of persons having a disease dangerous to the 1701 public health.

P. S., 80, § 71.

orders of board

Such hospitals shall be subject to the orders and regu- To be under lations of the board, or of a committee of the town ap- of health. pointed for that purpose.

P. S., 80, § 72.

dwelling-house,

No such hospital shall be established within one hun- Not to be near dred rods of an inhabited dwelling-house situated in an etc. adjoining town, without the consent of such town.

P. S., 80, § 73.

1776

pied without

Whoever occupies or uses a building for a hospital in Not to be occua part of a city or town prohibited by the mayor and authority. aldermen or selectmen shall forfeit a sum not exceeding fifty dollars for every month he so occupies or uses such

Injunction. 1870

of health.

1792

building, and in like proportion for a portion of a month; and the supreme judicial court in term time or vacation may issue an injunction to prevent such occupancy or

use.

P. S., 80, § 74.

Physicians, etc., When a hospital is established, as provided in section in hospital, subject to board seventy, the physician, nurses, attendants, the persons sick therein, and all persons approaching or coming within the limits thereof, and all furniture and other articles used or brought there, shall be subject to such regulations as may be made by the board of health or the committee appointed for that purpose.

If dangerous disease breaks out, board to provide hos. pital, etc. 1701 1837 1848

Selectmen to give notice of

infected places. 1792

1838

1873

P. S., 80, § 75.

When a disease dangerous to the public health breaks out in a town, the board shall immediately provide such hospital or place of reception for the sick and infected as is judged best for their accommodation and the safety of the inhabitants, which shall be subject to the regulations of the board; and the board may cause any sick and infected person to be removed thereto, unless his condition will not admit of his removal without danger to his health, in which case the house or place where he remains shall be considered as a hospital, and all persons residing in or in any way concerned within the same shall be subject to the regulations of the board as before provided. [See cases cited and note under Pub. Stats., chap. 80, sect. 40, p. 27.]

P. S., 80, § 76.

When such disease is found to exist in a town, the selectmen and board of health shall use all possible care to prevent the spreading of the infection, and to give public notice of infected places to travellers, by displaying red flags at proper distances, and by all other means which in their judgment shall be most effectual for the common safety. And whoever obstructs the selectmen, board of health, or its agent, in using such means to prevent the spreading of the infection, or wilfully removes, obliterates, defaces, or handles the red flags or other signals so displayed, shall forfeit for each offence not less than ten nor more than one hundred dollars.

P. S., 80, § 77.

sons in hospitals

for violating

regulations.

1792

If a physician or other person in any of the hospitals Penalty on peror places of reception before mentioned, or who attends, approaches, or is concerned with the same, violates any regulation lawfully made in relation thereto, either with respect to himself or his or any other person's property, he shall for each offence forfeit not less than ten nor more than one hundred dollars.

P. S,, 80, § 82.

1838

visions not to

pox.

The provisions of sections forty, forty-one, seventy- Certain profive, seventy-six, and seventy-seven, of chapter eighty, apply to smallPublic Statutes, so far as they confer authority for the 1838 removal of patients from their homes, except in cases of 1840 persons residing in boarding houses, hotels, or where two 1848 or more families occupy the same dwelling, and other 1872 cases, where in the opinion of the board and the attending physician the case cannot be properly isolated, shall not apply to small-pox. [See cases cited and note under Pub. Stats, chap. 80, sect. 40, p. 27.]

Acts of 1894, 511, § 1.

contagious

provided in

In any city in which no suitable hospital accommoda- Hospitals for tions have been provided for the care and treatment of diseases, how persons suffering from contagious diseases dangerous to cities. the public health, the board of health of such city may address a communication to the mayor thereof, stating that in the opinion of said board the safety of the inhabitants of the city demands that suitable hospital accommodations should be provided for the reception and treatment of persons suffering from such diseases, other than small-pox and those of a venereal nature. The mayor shall forthwith transmit such communication to the city council, and the city council shall forthwith order such hospital accommodations to be provided, and shall make the necessary appropriations therefor.

Acts of 1894, 511, § 2.

for contagious

Every city in which hospital accommodations have Appropriations been provided in accordance with the provisions of this disease hosact shall make an annual appropriation for the mainten- made and

pitals, how

expended.

Venereal diseases; no dis. crimination to be made under certain conditions.

Cities to provide
for treatment
of venereal
diseases.

Expenses, how to be paid. 1874

Small-pox

patients not to

almshouse:

how provided for.

ance of such hospital accommodations, and said appropriation shall be expended under the direction of the board of health, unless otherwise ordered by the city government.

Acts of 1894, 511, § 3.

No discrimination shall be made against the treatment of venereal diseases in the out patient department of any general hospital supported by taxation in any city where special hospitals, excluding hospitals connected with penal institutions, are not provided for the treatment of such diseases at public expense, and said hospital may establish a separate ward for the treatment of such cases.

Acts of 1895, 400.

Every city shall provide for the treatment, either in a hospital or as out patients, of indigent persons suffering from contagious or infectious venereal diseases.

P. S., 80, § 83.

All reasonable expenses which have been heretofore or may hereafter be incurred by the board of health of a city or town, in making the provision required by law for a person infected by the small-pox or other disease dangerous to the public health, shall be paid by the person himself, his parents, or master, if able; otherwise by the town in which he has a legal settlement; and if he has no settlement, by the Commonwealth, in which case the bills therefor shall be approved by the state board of lunacy and charity. [See Springfield v. Worcester, 2 Cush. 52.]

P.S, 86, §§ 25, 26.
Acts of 1885, 211, § 1.

No city or town officer shall be allowed to send to the be sent to State almshouse* any person infected with small-pox or other disease dangerous to the public health, or any other sick person whose health would be endangered by removal; but all such persons liable to be maintained by the Commonwealth shall be supported during their sickness by the city or town in which they are taken sick, and notice of such sickness shall be given to the state board,† which

1865 1879

State Almshouse at Tewksbury.

+ State Board of Lunacy and Charity.

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