Manual of the statutes and ordinances relating to the public health / also, the rules and regulations governing the Health Department.

  • Boston (Mass.). Board of Health (1872-1914)
Date:
1890
Catalogue details

Licence: Public Domain Mark

Credit: Manual of the statutes and ordinances relating to the public health / also, the rules and regulations governing the Health Department. Source: Wellcome Collection.

Provider: This material has been provided by the Francis A. Countway Library of Medicine, through the Medical Heritage Library. The original may be consulted at the Francis A. Countway Library of Medicine, Harvard Medical School.

    54/128 (page 40)
    To give notice Sect. 19. The board shall give notice of all regulations of regulations. , p. s., c. so, §19. made by it by publishing the same in some newspaper of its town, or, where there is no such newspaper, by posting them up in some public place in the town. Such notice shall be deemed legal notice to all persons. 98 Mass., 443. Although such general regulations may seriously interfere with the enjoyment of private property, and disturb the exercise of valuable private rights, no previous notice to parties so to be affected by them is necessary to their validity. They belong to that class of police regula- tions to which all individual rights of property are held subject, whether established directly by enactments of the legislative power, or by its authority through boards of local administration. Board of health Sect. 20. The board shall examine into all nuisances, to examine into and abate sources of filth, and causes of sickness, within its town, or nuisances, etc. in any vessel within the harbor of such town, that may in its P. S., c. 80, §20. . . , . . . ,. , ,,. . ,, . , , ., , ... •opinion be injurious to the health of the inhabitants, and shall destroy, remove, or prevent the same as the case may require. To order cer- Sect. 21. The board or the health officer shall order the tain nuisances, . . i • j_ etc abtdb owner or occupant at his own expense to remove any nuisance, owner. source of filth, or cause of sickness, found on private property, . b., c. so, § 21. wjt;i_iiri twenty-four hours, or such other time as it deems reasonable, after notice served as provided in the following section ; and if the owner or occupant neglects so to do, he shall forfeit a sum not exceeding twenty dollars for every day during which he knowingly permits such nuisance or cause of sickness to remain after the time prescribed for the removal thereof. 11 Met., 572. in order to amount to a nuisance, it is not neeessary that there should be a corruption of the atmosphere such as to be dangerous to health; it is sufficient that the effluvia are offensive to the senses and render habita- tions uncomfortable. 98 Mass., 443. The action of the board of health is intended to be prompt and summary. They are clothed with extraordinary powers for the protection of the community from noxious influences affecting life and health, and it is important that their proceedings should be embarrassed and delayed as little as possible by the necessary observance of formalities. Although notice and opportunity to be heard upon matters affecting private interests ought always to be given when practicable, yet the nature and object of those proceedings are such that it is deemed to be most for the general good that such notice should not be essential to the right of the board to act for the public safety. Delay for the purpose of giving notice,