Manual for the use of boards of health of Massachusetts : containing the statutes relating to the public health, the medical examiner laws, the laws relating to the registration of vital statistics, and the decisions of the Supreme Court of Massachusetts relating to the same / prepared by direction of the State Board of Health.

  • Massachusetts.
Date:
1890
Catalogue details

Licence: Public Domain Mark

Credit: Manual for the use of boards of health of Massachusetts : containing the statutes relating to the public health, the medical examiner laws, the laws relating to the registration of vital statistics, and the decisions of the Supreme Court of Massachusetts relating to the same / prepared by direction of the State Board of Health. 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.

    30/168 (page 26)
    An assessment cannot be levied, for expenses incurred by a board of health under the Pub. Stat., chap. 80, sect. 32 (Statute of 1868, chap. 160), upon a person to whom notice of the hearing provided for in sect. 30 (3) is not given, although he has knowledge of the doing of the work whereby the expenses are incurred. Under the Pub. Stats., chap. 80, sect. 32 (Statute of 1868, chap. 160), a board of health may act by a committee in abating a nuisance. If a board of health has given notice of a hearing under the Pub. Stats., chap. 80, sect. 30 (Statute of 1868, chap. 160, sect. 3), it need not give a new notice of its intention to make an assessment, under sect. 32 (5). A report of a committee of the board of health of a city, upon the assessment of damages and benefits sustained by the abatement of a nuisance, under the Pub. Stats., chap. 80, sect. 32 (Statute of 1868, chap. 160, sect. 3), was accompanied by orders drawn in accordance with the report, and by warrants upon the city treasurer for the col- lection of assessments. The record showed that the report was accepted and the orders and warrants adopted. Held, that the adop- tion of the report sufficiently appeared. Grace v. Newton Board of Health, 135 Mass. 490. APPEAL TO COUNTY COMMISSIONERS. Pe.rso°s.ag- 45. Any person aggrieved by the neglect or refusal of the grieved by re- J L °° J ° fusai of board board of health in a city or town to pass all proper orders tO 3.0<lt6 3. nuisance may abating a nuisance or nuisances may appeal to the county com- appeal to county _ ./ x i ^ commissioners, missioners, who may hear and determine the matter of such P.S., c. 80, §36. i J -. t>«« appeal, and exercise in such case all the powers which the 1866 . board might exercise. Party appealing 46. The party so appealing shall, within twenty-four hours to give notice, J rr ° J etc. Other after such neglect or refusal, give written notice to the opposite proceedings. . p. s , c. so, § 37. party of his intention so to appeal, and within seven days shall present a petition to some one of the commissioners, setting forth the grievances complained of, and the action of the board of health thereon, and shall thereupon enter into such recog- nizance before the commissioners, in such sum, and with such surety or sureties, as they shall order. Cost and 47. Each commissioner, when acting under the provisions of expenses, how ' ° L pais' c so 8 ^S cnaP*er' shall tax three dollars per day for time, and five cents a mile for travel to and from the place of meeting, to be 1866 paid into the county treasury; and such costs shall in the first instance be paid by the appellant, and the commissioners may award that such costs and any other costs of the proceedings shall be paid by either party, as in their judgment justice shall require. 1866