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tween Proprie.

by this Chapter.

them, in which suit the Court shall determine what amount is due from each of the debtors severally, and shall award execution against each of them accordingly, and shall apportion the amount so recovered among the complainants in such suit, if more than one, according to their respective rights. (1331.) SEC. 13. Nothing in this chapter shall make void, or Contracts bein any way affect, any contract or agreement between the pro- tors not affected prietors of any mill, as to the repair or rebuilding thereof., (1332.) SEC. 14. Every miller occupying and using a grist Miller to keep mill, shall be provided with scales and weights, or a vibrating weigh Grain, steelyard, to weigh corn, grain, flour and meal, delivered at feiture for negand taken from the mill, if required; and if he shall neglect to keep himself so provided, or shall refuse so to weigh corn; grain, flour, or meal, when required by any person delivering or taking away the same, he shall forfeit, for each neglect or refusal, not less than one dollar, nor more than five dollars.

Scales, etc., and

Flour, etc.; For

lect or refusal.

RATES OF TOLL FOR GRINDING.

(1333.) SEC. 15. The toll for grinding and bolting any wheat, Rates of Toll. rye, or other grain, shall not exceed one tenth part thereof; for grinding, and not bolting, any wheat, rye, or other grain, except Indian corn, the toll shall not exceed one twelfth part thereof; and for grinding, and not bolting, Indian corn, the toll shall not exceed one tenth part thereof.

Grind Grain in

accountable for

(1334.) Sec. 16. The owner or occupier of any grist mill Owner, etc., to shall well and sufficiently grind the grain brought to his mill due time, and be for that purpose in due time, and in the order in which it shall safe delivery. be received, and shall be accountable for the safe keeping of all grain received in such mill for the purpose of being ground therein, and shall deliver the same when ground, or ground and bolted, as the case may be, with the bag or cask in which it was brought, when demanded, but every owner or occupant of a mill may grind his own grain at any time.

last Section.

(1335.) SEC. 17. Nothing contained in the last section shall Construction of be so construed as to charge the owner or occupant of any mill for the loss of any grain, bag or cask, which shall happen, by fire or inevitable accident, without the fault of such owner or occupant, his agents or servants.

in certain cases.

(1336.) SEC. 18. Every miller, or owner or occupant of a Liability of Miller grist mill, who shall not well and sufficiently grind any grain. as aforesaid, or not in due time as the same shall be brought, or who shall exact or take more toll than is herein allowed,

shall, in every such case, be liable to the party injured in the sum of five dollars damages, over and above the actual damageş sustained thereby.

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CHAPTER XXXVII. Of the Preservation of the Public Health; Of Quarantine, Nuisances,

and Offensive Trades.

CHAPTER XXXVIII. Of the Draining of Swamps, Marshes, and other Low Lands, that Affect
Injuriously the Public Health.

CHAPTER

OF THE PRESERVATION

XXXVII.

OF THE PUBLIC HEALTH;

QUARANTINE, NUISANCES, AND

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SECTION

1350. Board may permit removal of Infected Articles, etc.

1351. Board to make provisions to prevent spread of Small Pox, etc.

1352. Provision in case Infected Persons cannot be removed.

1353. Board may restrain Travelers coming from Infected Districts.

1354. Removal of Persons Infected.

1355. Infected Baggage, Clothing, and Goods, how secured.

1356. Impressing Houses, etc., for keeping In-
fected Goods.

1357. Power of Officers executing Warrants.
1358. Charges to be paid by Owners.
1359. Compensation for Houses, Nurses, etc.
1360. When Prisoners attacked with dangerous
diseases, may be removed.

1361. Prisoners removed to be returned, and
not to be considered as having escaped.
1362. When Superintendents of Poor may re-
move Paupers from Poor Houses.

- QUARANTINE.

1363. Township Quarantine.

1364. Quarantine for two or more Townships. 1365. Quarantine in Townships bordering on certain Lakes, Rivers, etc.

1366. Quarantine regulations to extend to Persons and Goods in Vessels.

1367. Penalty for violating Quarantine Regula

tions.

1368. Vessels in certain cases to be removed to Quarantine Ground, etc.

SECTION

1369. Masters, etc., to answer on oath in regard
to Infections.

1370. Expenses, by whom to be paid.

SMALL POX AND OTHER DANGEROUS DISEASES.

1371. Hospitals for reception of persons having
Small Pox, etc.

1372. By whom Hospitals to be regulated, etc.
1373. Penalty for Inoculating with Small Pox,
except at Hospitals.

1374. Physicians, etc., to be subject to Regula-
tions of Board, etc.

1375. When Board of Health to provide Hospital.
1376. When Infected Persons to be removed to

Hospital, etc.

1377. Board to prevent the spread of Dangerous
Diseases.

1378. Penalty for violating regulations of Hos-
pitals.

1379. Householders to give notice of Disease,
penalty for neglect.

1380. Penalty on Physician neglecting to give
notice.

1381. Inoculation with Cow Pox.

OFFENSIVE TRADES.

1382. Places may be assigned for carrying on
Offensive Trades.

1383. When places become a Nuisance, Assign.
ment may be Revoked, etc.
1384. Action on the case for damages.

BOARD OF HEALTH IN CITIES AND VILLAGES.
1385. Who to constitute Board in Cities and
Villages.

Chapter Thirty-Five of Revised Statutes of 1846.

(1337.) SECTION 1. The Supervisor and Justices of the Board of Health. Peace of every township, respecting which no other provision is, or shall be made by law, shall be a Board of Health for their respective townships, and the Township Clerk shall be the clerk of such board, and shall keep a record of their proceedings in a book to be provided for that purpose at the expense of the township.

Health Officer,

tion, etc.

(1338.) SEC. 2. Every Board of Health may appoint a Phy-Appointment of sician to the board, who shall be the Health Officer of his his Compensa township, and shall hold his office during their pleasure, and they shall establish his salary, or other compensation, and shall regulate all fees and charges of every person employed by them in the execution of the Health Laws, and of their own regulations.

(1339.) SEC. 3. The Board of Health shall make such regu- Regulations relations respecting nuisances, sources of filth, and causes of lating to causes

of Sickness, etc.

cles capable of

sickness, within their respective townships, and on board of any vessels in their ports or harbors, as they shall judge necessary for the public health and safety, and if any person shall violate any such regulations, he shall forfeit a sum not exceeding one hundred dollars.

Respecting arti- (1340.) SEC. 4. The said board shall also make such regulaconveying Con- tions as they may deem necessary for the public health and

tagion, etc.

Respecting Interment of Dead.

Board to hold ground in trust, etc.

Notice of regulations, Low published.

Board to examine

into Nuisances,

remove or pre

safety, respecting any articles which are capable of containing or conveying any infection or contagion, or of creating any sickness, when such articles shall be brought into, or conveyed from their township, or into, or from any vessel; and if any person shall violate any such regulation, he shall forfeit a sum not exceeding one hundred dollars.

(1341.) SEC. 5. The said board shall also make all regulations which they may deem necessary for the interment of the dead, and respecting burying grounds in their township; and it shall also be the duty of said board to purchase in each surveyed township, so much land for burying grounds as shall be necessary for burying the dead of such township.

(1342.) SEC. 6. The Board of Health of the township in which such burying grounds shall be, and their successors in office, shall hold the fee of such land in trust for such township; and they shall keep the same, or so much thereof as shall be necessary, surrounded with a good and substantial fence; the expenses of the purchase of such lands, and of fencing and regulating the same to be certified to the Town Board by the Board of Health, and by the Town Board, provided for as a part of the contingent expenses of the township. (a)

(1343.) SEC. 7. Notice shall be given by the Board of Health of all regulations made by them, by publishing the same in some newspaper of the township, if there be one published therein, and if not, then by posting them up in five public places in such township; and such notice of said regulations shall be deemed legal notice to all persons.

(1344.) SEC. 8. The Board of Health shall examine into all etc., and destroy, nuisances, sources of filth and causes of sickness that may, in vent the same. their opinion, be injurious to the health of the inhabitants within their township, or in any vessel within any harbor or

(a) As Amended by Act 242 of 1850, p. 246.

port of such township; and the same shall destroy, remove, or prevent, as the case may require.

Nuisance, etc.,

property.

(1345.) Stc. 9. Whenever any such nuisance, source of filth, Proceedings, if or cause of sickness, shall be found on private property, the found on private Board of Health shall order the owner or occupant thereof, at his own expense, to remove the same within twenty-four hours; and if the owner or occupant shall neglect so to do, he shall forfeit a sum not exceeding one hundred dollars.

etc.. to be remov

expense

of

(1346.) SEC. 10. If the owner or occupant shall not comply when Nuisance, with such order of the Board of Health, such board may cause ed by Board at the said nuisance, source of filth, or cause of sickness, to be orner, etc. removed, and all expenses incurred thereby shall be paid by the said owner or occupant, or by such other person as shall have caused or permitted the same.

cases.

(1347.) SEC. 11. Whenever any person shall be convicted, Court may order on an indictment for a common nuisance that may be injurious moved in certain to the public health, the Court may, in its discretion, order it to be removed or destroyed, at the expense of the defendant, under the direction of the Board of Health of the township where the nuisance is found; and the form of the warrant to the Sheriff, or other officer, may be varied accordingly.

admittance of

cr vessel is re

(1348.) SEC. 12. Whenever the Board of Health shall think Proceeding, when it necessary, for the preservation of the lives or health of the Barl to building inhabitants, to enter any building or vessel in their township, fased. for the purpose of examining into and destroying, removing, or preventing any nuisance, source of filth, or cause of sickness, and shall be refused such entry, any member of the board may make complaint, under oath, to any Justice of the Peace of his county, whether such Justice be a member of such board or not, stating the facts of the case, so far as he has knowledge thereof.

(1349.) SEC. 13. Such Justice may thereupon issue a war- Ibid. rant, directed to the Sheriff or any constable of the county, commanding him to take sufficient aid, and being accompanied by any two or more members of said Board of Health, between the hours of sunrise and sunset, to repair to the place where such nuisance, source of filth, or cause of sickness complained of may be, and the same destroy, remove or prevent, under the direction of such members of the Board of Health.

mit removal of

(1350.) SEC. 14. The Board of Health may grant permits for Board may per the removal of any nuisance, infected article, or sick person, Infected Articles within the limits of their township, when they shall think it safe and proper so to do.

etc.

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