Expenses, by

whom to be paid

Hospitals for reception of persons having

small-pox, etc.

By whom hospitals to be regufated, etc.

Penalty for inoculating with small-pox, except at hospitals

Physicians, etc., to be subject to regulations of

board, etc.

When board of health to provide hospital.

When infected

persons to be re

tal, etc.

(1725.) SEC. 34. All expenses incurred on account of any person, vessel, or goods, under any quarantine regulations, shall be paid by such person, or by the owner of such vessel or goods, respectively.

SMALL-POX AND OTHER DANGEROUS DISEASES.

(1726.) SEC. 35. The inhabitants of any township may establish within their township and be constantly provided with one or more hospitals for the reception of persons having the small-pox, or other disease which may be dangerous to the public health.

(1727.) SEC. 36. All such hospitals shall be subject to the orders and regulations of the board of health, or a committee appointed by such board for that purpose; but no such hospital shall be established within one hundred rods of any inhabited dwellinghouse situated in an adjoining township, without the consent of such adjoining township.

(1728.) SEC. 37. If any person shall inoculate any other person, or inoculate himself, or suffer himself to be inoculated, with the small-pox, unless at some hospital licensed and authorized by law, he shall, for each offense, forfeit a sum not exceeding two hundred dollars.

(1729.) SEC. 38. When any hospital shall be so established, the physician attending the same, the persons inoculated or sick therein, the nurses, attendants, and all persons who shall approach or come within the limits of the same, and all such furniture and other articles as shall be used or brought there, shall be subject to such regulations as shall be made by the board of health, or of the committee appointed for that purpose.

(1730.) SEC. 39. When the small-pox or any other disease dangerous to the public health shall break out in any township, the board of health shall immediately provide such hospital, or place of reception for the sick and infected, as they shall judge best for their accommodation and the safety of the inhabitants; and such hospitals and places of reception shall be subject to the regulations of the board of health, in the same manner as herein before provided for established hospitals.

(1731.) SEC. 40. The board of health shall cause such sick or moved to hospi- infected persons to be removed to such hospitals or places of reception, unless the condition of the sick person be such as not to admit of removal without danger to life; in which case the house or place where the sick shall remain shall be considered as a hospital to every purpose before mentioned, and all persons residing in

or in any way concerned with the same, shall be subject to the regulations of the board of health, as before provided.

the spread of

case.

(1732.) SEC. 41. When the small-pox, or any other disease dan- Board to prevent gerous to the public health, is found to exist in any township, the dangerous disboard of health shall use all possible care to prevent the spreading of the infection, and to give public notice of infected places to travelers, by such means as in their judgment shall be most effectual for the common safety.

lating regula

(1733.) SEC. 42. If any physician or other person in any of the Penalty for viohospitals or places of reception before mentioned, or who shall tions of hospitals attend, approach, or be concerned with the same, shall violate any of the regulations lawfully made in relation thereto, either with respect to himself, or his or any other person's property, the person so offending shall, for each offense, forfeit a sum not less than ten nor more than one hundred dollars.

give notice of

for neglect.

(1734.) SEC. 43. Whenever any householder shall know that Householders to any person within his family is taken sick with the small-pox, or disease; penalty any other disease dangerous to the public health, he shall immediately give notice thereof to the board of health, or to the health officer of the township in which he resides; and if he shall refuse or neglect to give such notice, he shall forfeit a sum not exceeding one hundred dollars.

ician neglecting

(1735.) SEC. 44. Whenever any physician shall know that any Penalty on physperson whom he is called to visit is infected with the small-pox, or to give notice. any other disease dangerous to the public health, such physician shall immediately give notice thereof to the board of health or health officer of the township in which such diseased person may be; and every physician who shall refuse or neglect to give such notice, shall forfeit, for each offense, a sum not less than fifty nor more than one hundred dollars.

(1736.) SEC. 45. Every township may, at any meeting, make suit- Inoculation with able provision for the inoculation of the inhabitants thereof with cow-pox, the cow-pox, under the direction of the board of health or the health officer of the township, and they shall raise all necessary sums of money to defray the expenses of such inoculation, in the same manner that other township charges are defrayed.

assigned for

(1737.) SEC. 46. The township board of every township, the Places may be president and trustees, or council, of every village, and the mayor carrying on of and aldermen of every city, respectively, when they shall judge it necessary, shall, from time to time, assign certain places for the

fensive trades.

When places become a nuisance,

be revoked, etc.

exercising of any trade or employment offensive to the inhabitants or dangerous to the public health; and they shall forbid the exercise thereof in places not so assigned; and all such assignments shall be entered in the records of the township, village, or city, and they may be revoked when the said township, village, or city officers may think proper.

(1738.) SEC. 47. When any place or building so assigned shall assignment may become a nuisance by reason of offensive smells or exhalations proceeding therefrom, or shall become otherwise hurtful or dangerous to the neighborhood, or to travelers, and the same shall be made to appear on a trial, or the admission of the person exercising such trade or employment, before the circuit court for the county, upon a complaint made by the board of health, or by any other person, the said court may revoke such assignment, and prohibit the further use of such place, or building, for the exercise of either of the aforesaid trades or employments, and may cause such nuisance to be removed or prevented.

Action on the case for damages

Who to consti

tute board in

ges.

(1739.) SEC. 48. Any person injured, either in his comfort or the enjoyment of his estate, by any such nuisance, may have an action on the case for the damages sustained thereby, in which action the defendants may plead the general issue and give any special matter in evidence.

BOARDS O F HEALTH IN CITIES AND VILLAGES.

(1740.) SEC. 49. The mayor and aldermen of each incorporated cities and villa- city, and the president and council, or trustees, of each incorporated village in this State, shall have and exercise all the powers and perform all the duties of a board of health as provided in this chapter, within the limits of the cities or villages, respectively, of which they are such officers.

An Act to anthorize boards of health to dispose of real estate.

[Approved March 15, 1861. Laws of 1861, p. 452.]

(1741.) SECTION 1. The People of the State of Michigan enact, That any board of health of this State may sell and convey any real estate, the fee of which is vested in them: Provided, That no real estate shall be sold by virtue of this act which is or has been in actual use as a cemetery or burying-ground, unless the same shall be sold by an order from the circuit court.

An Act to prevent the introduction of contagious diseases in cattle.

[Approved April 5, 1869. Laws of 1869, p. 319.]

point com

missioners.

(1742.) SECTION 1. The People of the State of Michigan enact, Governor to apThat when the Governor of the State of Michigan shall be sat- missioners. isfied of the necessity of the same, he shall have power to appoint three Commissioners, to hold their office for two years, and make report annually to the Secretary of the State Board of Agriculture. Such Commissioner[s] shall have power to use means to prevent Power of comthe spread of dangerous diseases among animals, and protect the people of the State from the dangers arising from the consumption of diseased meat. Said Commissioners shall have power to administer oaths, and appoint assistants for such time as they may deem proper, and to place animals in quarantine, and to do generally whatever may be necessary to prevent the spread of contagious diseases among animals.

not to be per

(1743.) SEC. 2. No animal shall be permitted to enter or pass What animals through this State, which shall be deemed by either of the Committed to enter, missioners capable of diffusing or communicating contagious diseases.

etc., this State.

(1744.) SEC. 3. No cattle brought from Texas or the Indian ы. territories, shall be permitted to pass through this State, or any part of the same, from the first day of March to the first day of November, in each year.

SEC. 4. This act shall take immediate effect.

72

CHAPTER XLVII.

COUNTY DRAIN LAW.

Appointment and removal of

THE DRAINING OF SWAMPS, MARSHES, AND OTHER

LOW

LANDS.

An Act to provide for the draining of swamps, marshes, and other low lande.

[Approved and took effect March 22, 1869. Laws of 1869, p. 70.]

(1745.) SECTION 1. The People of the State of Michigan enact, commissioner. That the boards of supervisors of each of the organized counties of this State shall have power and are hereby authorized, at any regular or special meeting, by a vote of a majority of all the members elected, to appoint one county drain commissioner for such county, and who may hold his office for two years, and may in like manner remove such commissioner.1

Oath of office.

Bond.

Powers and duties.

(1746.) SEC. 2. The drain commissioner so appointed, within ten days after such appointment, shall take, subscribe, and file with the clerk of such board, the oath required by the Constitution of this State, and within the same time make, execute, and file with such clerk a bond to such board of supervisors, with sureties approved by the chairman of such board, and in the penal sum ordered by the board, conditioned for the faithful discharge of his duties under this act and the order and resolutions of the board of supervisors in relation to his action as such commissioner. 1

(1747.) SEC. 3. Each drain commissioner so duly appointed, sworn, and qualified by giving and filing such bond, and after

1 As amended by Act 169, Laws of 1871, p. 257, approved April 15, 1871.