LIBRARY OF THE University of California. GIFT OF I/Iaa/JUa*^ cs-v^ . ' Class 7 1810 REVISION OF 1910 STATE OF MICHIGAN LAWS RELATING TO PUBLIC HEALTH COMPILED UNDER THE SUPERVISION OF FREDERICK C. MARTINDALE SECRETARY OF STATIC BY AUTHORITY LANSING, MICHIGAN WYNKOOP 1IALLENBECK CRAWFORD CO., STATE PRINTERS 1910 REVISION OF 1910 STATE OF MICHIGAN LAWS RELATING TO PUBLIC HEALTH COMPILED UNDER THE SUPERVISION OF FREDERICK C. MARTINDALE SECRETARY OF STATE £* OF UNIVERSITY BY AUTHORITY LANSING, MICHIGAN WYNKOOP HALLENBECK CRAWFORD CO., STATE PRINTERS 1910 M* Km TABLE OF CONTENTS CHAPTER I. Sections State Board of Health: Organization, etc 1~11 Assistant secretary 12 "i c Bacteriological department 14-18 Plans for state buildings 19 State quarantine law 20-26 Subjects taught in public schools 27-28 Public health 29 " 33 Supervision over waterworks systems M-42 Sanitary conditions in railroad depots, etc 43-49 CHAPTER II. i Local Boards or Health: Boards of health in townships , 50-59 Boards of health in villages and cities 60 Spread of communicable diseases 61-78 Quarantine 79-88 Tuberculosis 89-101 Hospitals 102-107 Vaccination 108-110 Rabies among dogs 111-118 Pasteur treatment for indigent persons 119 Diseases among cattle 120-121 Powers of villages 122-127 Powers of cities of fourth class T 128-133 CHAPTER III. Duties of Health Officer: Health officers in townships 134-136 Health officers in villages and cities 137 Prevention of blindness in infants 138-139 Registration of deaths 140-146 CHAPTER IV. Nuisances : In townships 147-153 Dead animals * 154 Water closets and privies 155-156 Artesian and flowing wells 157-159 Offensive trades 160-162 Slaughter houses ! 163-165 Meat inspection 166-176 In villages 177-183 In cities 184-191 Private nuisances 192-196 206475 4 CONTENTS. CHAPTER V. CEMETEBIES : Sections. Enlarging cemeteries in townships 197-210 Vacating cemeteries in townships 211-216 Vacating cemeteries in villages and cities . .' 217-221 Disposal of real estate 222 Upkeep of cemetery or lots 223-226 CHAPTER VI. Embalming: Licensing and registration of embalmers •. 227-235 Embalmers to act as subregistrars of deaths 236-237 CHAPTER VII. Nubses : Registration of nurses 238-249 CHAPTER VIII. Miscellaneous : To prevent sale and use of toy pistols 250-252 Water analysis at cost at university 253-255 Maintenance of hospitals and sanitariums 256-259 Transportation of unclaimed dead human bodies 260-261 References to local legislation 262-265 Note. — The numbers In parentheses, ( ), are compiler's sections and are consecutive throughout the book. The section mark § refers to the section of the compiled laws of 1897. The notes used refer to the compiler's sections unless otherwise specified. Abbre- viations used are, Am., amended ; C. L., compiled laws ; P. A., public acts ; and L. A., local acts. The character / is used in citing Michigan casas, to avoid the repetition of Mich. The annotations in this compilation include supreme court decisions to and including the 155th Michigan report. LAWS RELATING TO PUBLIC HEALTH CHAPTER I. STATE BOARD OF HEALTH, ORGANIZATION, ETC. SUBJECTS TAUGHT IN PUBLIC SCHOOLS. a erform the duties pre- scribed by this act, or required by the board. He shall keep a record of the transactions of the board ; shall have the cus- tody of all books, papers, documents and other property be- longing to the board, which may be deposited in his office; shall, so far as practicable, communicate with other state boards of health, and with the local boards of health within this state; shall keep and file all reports received from such boards, and all correspondence of the office appertaining to the business of the board. He shall, so far as possible, aid in obtaining contributions to the library and museum of the board. He shall prepare blank forms of returns and such instructions as may be necessary, and forward them to the clerks of the several boards of health throughout the state. He shall collect information concerning vital statistics, LAWS RELATING TO PUBLIC HEALTH. knowledge respecting diseases, and all useful information on the subject of hygiene, and through an annual report, and otherwise, as the board may direct, shall disseminate such information among the people : Provided, That all printing Proviso as to and binding under the provisions of this act, shall be ordered Binding. a! through the board of state auditors, as other state printing is ordered and paid, except that the payment therefor shall be out of the appropriation provided for in section seven of this act. Am. Id. (6) . § 4402. Sec. 6. The secretary shall receive an annual salary of. salary of two thousand five hundred dollars. The members compensation of the board shall receive no per diem compensation for their of members. services, but their traveling and other necessary expenses while employed on the business of the board, shall be allowed and paid. Am. Id. (7) § 4403. Sec. 7. The sum of nine thousand dollars Appropriation per annum, or so much thereof as may be deemed necessary S aiary C and ry s by the state board of health, is hereby appropriated to pay expenses 111 the salary of the secretary, meet the contingent expenses of his office, and the expenses of the board, to pay for necessary instruments, to pay for special investigations, to pay for the compiling, publishing and distribution of such circulars and pamphlets as will promote the best interests of the public health, to comply with the provisions of section four thou- sand seven hundred ninety-six of the compiled laws of one thousand eight hundred ninety-seven, and to generally pro- mote the public health. All expenses incurred under the Expenses, how provisions of this act shall be certified by the secretary of certified - the board to the board of state auditors and allowed by them. The sum so allowed shall be paid from the state treas- ury on the warrant of the auditor general and charged to the appropriation account of said board of health. And not Appropriation to exceed ten thousand dollars shall be expended by said H onal board of health in any one year for the employment of addi- tional clerks in the office of said board, under the provisions CeHain act t0 of act number one hundred seventy-three of the session laws govern. of eighteen hundred seventy-one, entitled "An act to pro- vide for the payment of the salaries of the state officers," being section one hundred sixty-five of the compiled laws of eighteen hundred ninety-seven. Am. Id. (8) § 4404. Sec. 8. It shall be the duty of the health physicians and physician, and also of the clerk of the local board of health boards ^Vre^ 1 in each township, city, and village in this state, at least once P ort ri to state in each year, to report to the state board of health their STATE OF MICHIGAN. to furnish information proceedings, and such other facts required, on blanks, and in accordance with instructions received from said state board. They shall also make special reports whenever re- quired to do so by the state board of health. Duty of state (9) § 4405. Sec. 9. In order to afford to this board bet- sSans,' etc y ," ter advantages for obtaining knowledge important to be in- corporated with that collected through special investigations and from other sources, it shall be the duty of all officers of the state, the physicians of all mining or other incorporated companies, and the president or agent of any company chartered, organized, or transacting business under the laws of this state, so far as practicable, to furnish to the state board of health any information bearing upon public health which may be requested by said board for the purpose of enabling it better to perform its duties of collecting and dis- tributing useful knowledge on this subject. Annual report (io) § 4406. Sec. 10. The secretary of the state board ary ' ' of health may publish in his annual report such information* or statistics, as is provided for in this act. Room for meetings. Section 10 of Act 44 of 1899, provides for the publication of the annual report of the secretary. Not over 4,000 copies, to exceed 300 pages, of the size of the report of 1894, may be printed. (11) § 4407. Sec. 11. The secretary of state shall pro- vide a suitable room for the meetings of the board at Lan- sing, and office room for its secretary. ASSISTANT SECRETARY. An act to authorize the appointment of an assistant secretary of ttu state board of health; to prescribe his duties and fix his compen- sation. [Act 318, P. A. 1905.] The People of the State of Michigan enact: Appointment of assistant. Duties. (12) Section 1. The secretary of the state board of health is hereby authorized to appoint an assistant secretary of said board, which appointment may be revoked at his pleas- ure. (13) Sec. 2. It shall be the duty of such assistant secre- tary to perform such duties in connection with the depart- ment of the state board. of health as may be assigned to him by the secretary, and during the illness, absence or disability of the secretary he may execute all the duties of that office. He shall be paid the sum of fifteen hundred dollars per an- num, from the same fund and in the same manner as deputies in the different state departments are now paid. LAWS RELATING TO PUBLIC HEALTH. BACTERIOLOGICAL DEPARTMENT. An Act to provide for the appointment of a bacteriologist by the state board of health; to provide for the purchase of the necessary appli- ances and apparatus for bacteriological examinations, and providing an appropriation therefor. [Act 109, P. A. 1907.] The People of the State of Michigan enact: (14) Section 1. The state board of health is hereby Bacterioio- anthorized and empowered to employ a competent baeteri- appointment, ologist, whose duties shall be such as are or may be denned salary. by law or defined by said board of health, and shall be per- formed in connection with the department of public health. The salary of the person appointed bacteriologist shall be fixed by the said board of health. (15) Sec. 2. The bacteriologist whose appointment is Duty. herein provided for shall conduct the routine work in con- nection with bacteriological examinations and analyses that may be necessary, authorized or required by the provisions of this act or ordered or directed by the said board of health, all of which shall be under the supervision of the secretary of said board. (16) Sec. 3. The various boards of health, health officers, Bacteriological and all state institutions may require a bacteriological exam- examination. ination or analysis of blood, sputum, urine, water, milk, or other substance in localities where there is an outbreak of any contagious disease or epidemic in which bacteriological examination or analysis may be necessary to the public health and welfare, or for the purpose of locating sources of infection, or contamination of water, milk, ice, etc., as the case may be. The said state board of health shall also Analysis of be required to make an examination and analysis of the water > etc - water used by the public, and of public water supplies, when contamination is suspected, whenever the examination or analysis is required by the mayor of any city, the president of any village, or the supervisor of any township. Such samples to be boards or officers shall forward or deliver to the secretary packages! 6 * 116 ' 1 of the state board of health a sample of the substance re- quired to be analyzed, in a sealed package or jar accom- panied by a statement from such board or officer, indicating the necessity for the analysis. The examination or analysis for the boards or officers above named shall be made free of charge. The state board of health shall also make a bac- Analysis in teriological examination or analysis in all matters of a crim- maTters 1 inal nature whenever requested by the prosecuting attorney of the county in which the case may arise: Provided, how- Proviso, cost, ever, That any prosecuting attorney requiring any analysis of a criminal nature, or any private individual,, corporation or association requiring an analysis for private purposes, 2 H) STATE OF MICHIGAN. shall be required to pay to the state board of health, upon the completion of the analysis, the nominal cost of the ma- terials used and for the time necessarily spent in making such examination or analysis, which amounts shall constitute a charge against the particular county, private individual, corporation or association, and shall together with all fees for expert testimony be turned into the state treasury to the credit of the bacteriological fund, in addition to the amount herein provided, and may be drawn by the state board of health in the manner now provided by the accounting laws of this state for the purpose of maintaining or adding to the equipment of the bacteriological division of the department of health. Am. 1909, Act 122. Apparatus, board may purchase. Proviso.salary expenses. Further proviso, compilations. Annual appropriation. Tax clause. (17) Sec. 4. The said board of health is hereby given authority to purchase any and all such apparatus and appli- ances as shall be necessary to carry out the provisions of this act: Provided, That the amount paid as salary to the bac- teriologist and expended for apparatus and appliances, in any one year, shall not exceed the amount of the yearly appropriation provided for in this act: Provided further. That any part of the appropriation herein provided for, not expended for the salary of the bacteriologist or for purchas- ing apparatus, material and appliances, may be used by the said board of health in compiling general information in re- gard to bacteriological examinations and for such other pur- poses in connection with the bacteriological work of the de- partment of public health as shall be deemed advisable and necessary by the said board. (18) Sec. 5. There is hereby appropriated annually out of any moneys in the state treasury to the credit of the gen- eral fund the sum of five thousand dollars for the purpose of carrying out the provisions of this act, which amount shall be paid to the state board of health in the manner now pro- vided by the general accounting laws of this state. The auditor general shall add to and incorporate in the state tax for the year nineteen hundred nine and every year there- after the sum of five thousand dollars, which when collected shall be used to reimburse the general fund in the state treasury for the amount appropriated by this act. Am. 1909, Act 122. THE INSPECTION OF PLANS FOR STATE BUILDINGS. [Extract from Act 206, P. A. 1881.] (19) § 2229. Sec. 7. That before the board of any chari educational or reformatory institution shall Plans for state buildings to be . submitted to table, penal, for te opin1on S determine on. the plan of any building, or on any system of sewerage, ventilation or heating, which has been authorized LAWS RELATING TO PUBLIC HEALTH. 11 by the legislature to be constructed, such plan shall be sub- mitted to the board of corrections and charities and the state board of health for examination and opinion thereon ; and state board the board so submitting such plan shall, in its biennial re- examine port, show to what extent it was approved by the boards so plans - examining them. And no money shall be paid out of the state treasury for the execution of any such plan or system until the board of corrections and charities shall file with the auditor general a written opinion that the proposed plan is of such character that the construction may be fully com- pleted in accordance therewith at an expense within the amount appropriated therefor. That it shall be the duty of state boards said state boards to visit said penal, educational, charitable tostttations. and reformatory institutions when necessary to make the examination herein required, and their expenses necessarily incurred shall be audited by the board of state auditors and paid from the general fund. STATE QUARANTINE LAW. An Act to provide for the prevention of the introduction and spread of cholera and other dangeous communicable diseases. [Act 230, P. A. 1885.] The People of the State of Michigan enact: (20) § 4477. Section 1. Whenever it shall be shown to state board the satisfaction of the state board of health that cholera, eltSh t0 diphtheria, or other dangerous communicable disease exists quarantine. in any foreign country, neighboring state, or locality within this state whereby the public health is imperiled, and it shall be further shown that immigrants, passengers or other per- sons seeking to enter this state or to travel from place to place within this state, are coming from any locality where such dangerous communicable disease exists, and are likely to carry infection of such dangerous communicable disease, the state board of health shall be authorized to establish a system of quarantine for the state of Michigan or for any portion thereof. (21) § 4478. Sec. 2. Such quarantine shall be for the The purpose purpose of preventing all immigrants, passengers or other quarantine. persons, under the circumstances mentioned in section one of this act, from entering the state or from going from place to place within the state, who, in the opinion of the state 'board of health, or in the opinion of an inspector duly ap- pointed by said board, are likely to carry infection of cholera, small-pox, diphtheria or other dangerous communicable dis- ease, and for the detention of all such persons outside the borders of the state, or if already within the state, at the places where they may be or at the place they have been ex- 12 STATE OF MICHIGAN. Duration of quarantine. General rules. Inspector to detain railroad cars and other conveyances. posed to or have contracted such dangerous communicable disease, or at such suitable place as such board may provide, during the period of the incubation of such disease, or of its existence if already developed, and until in the opinion of the state board of health such persons are free from all danger of infection. (22) § 4479. Sec. 3. The state board of health is author- ized to establish general rules, and, by an inspector acting by virtue thereof, to detain railroad cars or other public or private conveyances whenever it shall be shown to the satis- faction of such board, or to the inspector as provided in such rules, that such cars or other conveyances contain any pas- senger, person or property which has been exposed to cholera, diphtheria, or other dangerous communicable disease, or when it shall be shown to the satisfaction of such board or inspector as aforesaid, any passenger, person or property, are being transported on such railroad cars or other public or private conveyance from any locality within or without this state where any such dangerous communicable disease exists and where under the circumstances shown to such board, such persons or property are likely to carry infection of such dangerous communicable disease. In such case said board may, by its duly constituted inspectors, remove, iso- late, place under the care of local boards of health, order to be returned to the places whence they came, or dispose of in any other manner it may consider proper, all railroad cars, or other conveyances, all passengers in such railroad cars or other conveyances, when there is reason, as aforesaid, to be- lieve such may have contracted or become infected with any dangerous communicable disease, or have been exposed or infected by any such disease in a manner likely to render them bearers of infection. In case any person or property is detained by an inspector, for any of the purposes men- tioned in this act, the party or parties interested shall have a right to a hearing before the said board, and the decision of such board shall be final. May remove or isolate, as is considered proper. Shall have right to hear- ing before board. The provisions of this section are constitutional. — Hurst v. Warner, 102/ 238. pro s ert a to d be ( 23 ) § 448 °* Sec * 4# A11 sucl]L P ersons > tlieir baggage and disinfected. other personal effects, and all such conveyances shall be dis- infected under such rules and regulations as the state board of health may establish for the purpose of carrying into effect the provisions of this act, before such persons or bag- gage or conveyances shall be permitted to enter the state, or to proceed to their or its destination if already in the^ state. (24) § 4481. Sec. 5. The state board of health is hereby authorized to cause the disinfection of goods, merchandise, conveyance or other property which they have reason to be- lieve may carry the germs of cholera or other dangerous com- municable disease, and under the circumstances mentioned May cause disinfection when deemed necessary. LAWS RELATING TO PUBLIC HEALTH. 13 in sections two and three of this act, to prohibit the entry of such goods, merchandise or other property into the state, or their being moved if within the state, until such disinfec- tion shall be accomplished. (25) § 4482. Sec. 6. It shall be the duty of the state ^ff^ be board of health to frame and publish rules for the inspection, pu isolation, detention, and disinfection contemplated in this act. Whoever shall wilfully violate the rules of the state board of health, made in pursuance of this act, or the order, by its duly appointed inspector, made in obedience to such rules, shall be deemed guilty of a misdemeanor, and on con- viction thereof shall be liable to payment of a fine of one penalty. hundred dollars and costs of prosecution, or imprisonment in the county jail for a period not to exceed ninety days, or both such fine and imprisonment, in the discretion of the court. (26) § 4483. Sec. 7. Upon the written request of the Expenses of^ state board of health and the governor, the auditor general f °r V pr ° is hereby directed to draw his warrant on the state treasurer from time to time for such sums of money as may be neces- sary to be used by the state board of health to carry into full effect all the provisions of this act, said warrant to be paid from any money in the state treasury to the credit of the general fund not otherwise appropriated. SUBJECTS FOR TEACHING IN SCHOOLS. An Act to provide for teaching in the public schools the modes by which the 1 dangerous communicable diseases are spread, and the best methods for the restriction and prevention of such diseases. [Act 146, T. A. 1895.] • The People of the State of Michigan enact: (27) § 4796. Section 1. There shall be taught in every Dangerous year in every public school in Michigan the principal modes diseases mcabIe by which each of the dangerous communicable diseases are fJJ bj "tS t m «b spread and the best methods for the restriction and preven- He schools. tion of each such disease. Such instruction shall be given by the aid of text-books on physiology, supplemented by oral and blackboard instruction. From and after July first, nine- teen hundred ten, no text-book on physiology shall be adopted for use in the public schools of this state, unless it shall give at least one-eighth of its space to the causes and prevention of dangerous communicable diseases. Text-books used in Text-books, giving the foregoing instruction shall, before being adopted ap,)ro * a for use in the public schools, have that portion given to the instruction in communicable diseases approved by the state board of health to the state board of education. Am. 1909, Act 141. 14 STATE OF MICHIGAN. Penalty for (28) § 4797. Sec. 2. Neglect or refusal on the part of refusal to any superintendent or teacher to comply with the provisions p?o\§sions Vi of °* * n * s ^ aw sna ^ De considered a sufficient cause for dismissal this act. from the school by the school board. Any school board wil- fully neglecting or refusing to comply with any of the pro- visions of this act shall be subject to fine the same as for neglect of any other duty pertaining to their office. This act shall apply to all schools in this state, including schools in cities or villages, whether incorporated under special charter or under the general laws. PUBLIC HEALTH. An Act in relation to the public health in this state. [Act 293, P. A. 1909.] The People of the State of Michigan enact: Medical inspector. Communica- ble diseases, etc., who to desig- nate. Medical inspector, tint it's of, Report of. (29) Section 1. The state board of health is hereby au- thorized and empowered, whenever it becomes necessary to promote the work of the state board of health, to appoint any one of its members a state medical inspector, to the end that the rules and regulations adopted by said board for the preservation of public health may be, strictly enforced in the various parts of the state. Any member of the board selected or appointed as a medical inspector, or any other person the board may so designate to act as a medical inspector, shall have the same right of inspection and the same authority in regard to all matters affecting the public health as has been or may be conferred upon the state or local boards of health. The said state board of health is hereby expressly authorized to designate what diseases are dangerous com- municable diseases and what diseases are contagicms dis- eases, and it shall be the duty of every local board of health and health officer 'to observe such rules in relation to dan- gerous communicable diseases and contagious, diseases as may be prescribed by the said state board of health. (30) Sec. 2. Every person selected to act as medical in- spector shall act under the direction of the state board of health and shall make a thorough and complete investigation of all nuisances, sources of sickness, epidemics of infectious or dangerous communicable diseases or contagious diseases, water supplies, the sewerage disposal systems, the sanitary conditions of public vaults, jails, school houses and school grounds, and such other work as is found necessary to im- prove the general sanitary and hygienic condition of the state. (31) Sec. 3. It shall be the duty of any person acting as such medical inspector after the completion of any investi- gation to immediately report in writing to the state board of LAWS RELATING TO PUBLIC HEALTH. 15 — — . , — ■ — — — health, upon such forms and in such manner as may be pre- scribed, a complete account of the essential facts disclosed by the investigation, together with the recommendations made and the work done to better safe-guard the public health. (32) Sec. 4. The compensation of any person selected to Compensation. act as medical inspector, and the members of the state board of health when acting as medical inspectors, shall be deter- mined by the state board of health. All actual expenses in- curred by the medical inspector in the discharge of his official duties, together with his compensation, not to exceed ten dollars per diem, shall be paia from the general fund in the state treasury upon vouchers audited by the board of state auditors and approved by the state board of health. (33) Sec. 5. There is hereby annually appropriated out of Appropriation. the general fund in the state treasury such amount as may be necessary to enable the state board of health to carry out the provisions of this act. The auditor general shall add Tax clause. to and incorporate in the state tax for the year nineteen hundred nine and every year thereafter, a sufficient amount to reimburse the general fund in the state treasury when collected for the amounts appropriated by the provisions of this act. See. repeals inconsistent acts. CONTROL OVER WATER WORKS SYSTEMS. An Act in relation to the supervision and control by the state board of health over water works systems, and providing penalties for the violation of this act. [Act 28, P. A. 1909.] The People of the State of Michigan enact: (34) Section 1. The state board of health and its author- state board ized agents and representatives are each hereby given super- hlve ea certain visory and visitorial power and control over all corporations PJJ^er °up r p i y other than municipal, partnerships and individuals engaged in furnishing water to the public for household or drinking purposes and over the plants and systems owned or operated by such companies or individuals. (35) Sec. 2. The state board of health, its agents and Authority to representatives referred to in the preceding section, shall fnspjc"? 011 and have the power and authority to enter upon, at all reasonable times, the pumping plants, filtering plants, reservoirs, stand- pipes, cribs and other property of said companies or indi- viduals, for the purpose of inspecting the same and carrying out the authority vested in them by this act. 16 STATE OF MICHIGAN. May enforce (36) Sec. 3. The state board of health shall have author- feguiatlons. ity to make and enforce such rules and regulations as it may deem necessary, governing and providing a method of con- ducting and operating the entire or any part of the system of water works, including the filtration plants owned . or operated by said corporations other than municipal, part- nerships or individuals, and may provide penalties for the non-compliance with such rules and regulations, and said board shall, in addition to the other powers hereby vested in it, whenever it shall deem it necessary for the protection May direct of health, have authority to direct a corporation, partner- ship or individual operating water works systems to cleanse any portion of such system as it may deem necessary, and to operate the same in such a manner as to furnish pure and wholesome water, and to enforce such directions by rule or regulations, when duty to (37) Sec. 4. Whenever the mayor of a city, president of investigate. a v |]] a g e? supervisor of a township, health officer or repre- sentative of the state board of health has reason to believe that the water furnished by any corporation other than municipal, partnership or individual is contaminated, then it shall be the duty of the state board of health to investi- certificate of gate the same and to determine by laboratory analysis the analysis. condition of said water, and the certificate of the state bac- teriologist showing result of such analysis shall be prima facie evidence of the matters stated in such certificate and also as to the source of the water and the time and place of taking, and of all matters that may be stated in said certifi- cate. Expense of (38) Sec. 5. The expense of the investigation and analysis investigation. ma< j e DV the state board of health, whenever called upon by a jurisdiction wherein a corporation other than municipal, partnership or individual is operating a public water plant shall be borne by the locality, and shall be paid for at the rate of five dollars per day and necessary traveling expenses while making said investigation and analysis, and shall con- stitute a» charge against the city, village or township asking when credited for sucn investigation; the said amount of five dollars to be to laboratory covered into the state treasury to the credit of the state board of health laboratory fund in addition to the amount already appropriated. Plans and (39) Sec. 6. It shall be the duty of all companies, except where^ied 18, as nere i n provided, partnerships or individuals now or here- after operating water works systems in this state to file with the clerk of the city, village or township where such system is operated or located and also with the state board of health a true copy of the plans and specifications of the entire system owned or operated by such corporation other than municipal, partnership or individual including such filtration or other purifying plant as may be operated by them, and also plans and specifications of all alterations. LAWS RELATING TO PUBLIC HEALTH. 17 additions or improvements to said system which may be made by such corporation other than municipal, partnership or individual from time to time. The plans and specifica- what to show tions herein referred to shall, in addition to all other things, show all the sources through or from which water is or may be at any time pumped or otherwise permitted or caused to enter into such system. Such plans and specifications shall be certified by some proper officer of said company or by some individual member of any unincorporated company, who is acquainted with the facts. If within sixty days after False or this act shall take effect or within sixty days after any cor- !E™ P e\ e c. e poration other than municipal, partnership or individual shall commence to operate or within sixty days after any alterations, additions or improvements shall be made by such corporation other than municipal, partnership or individual, any corporation other than municipal, partnership or indi- vidual, subject to the provisions of this act shall fail to file a copy of the plans and specifications as provided in the preceding section or shall file false or incomplete copies of such plans and specifications, such corporation other than municipal, partnership or individual shall be subject to a penalty of twenty-five dollars for each and every day it shall Per diem fail or neglect to file such plans and specifications, which penalty - penalty may be collected in any court of competent jurisdic- tion by the said city, village or township in which such plans and specifications should be filed and such penalty shall be in addition to all other penalties in this act. (40) Sec. 7. The words "plans and specifications," as certain used in this act shall be construed to mean a true representa- SUStrued, tion of the entire system operated by such corporation, part- nership or individual as the same shall be actually in use at the time of filing the same, and also a full and fair state- ment of how the same is operated. (41) Sec. 8. In case of corporations other than municipal, Filtration partnerships or individuals operating filtration plants in certain to which there are beds or other appliances to be cleansed, it report. shall be the duty of such companies to file with the state board of health, clerk of the city, village or township in which the system is operated an annual report under oath, on or before the first day of January of each year, showing the dates on which and the number of times such beds or appliances were cleansed during the preceding year. Such report shall be sworn to by any person acquainted with the facts and employed by the company at the time of making said report. Any person making a false statement under the False provisions of this section shall be deemed guilty of and sub- deemed"* ject to the penalty of perjury. Any corporation, partner- penury- ship or individual whose duty it shall be to file the report as herein provided shall be subject to a fine of fifty dollars Fine and for each and every violation thereof, and in addition thereto P enaltv - a penalty of fifty dollars to be recovered in any court of 18 STATE OF MICHIGAN. Violation of act. competent jurisdiction by the city, village or township in which such system is operated. (42) Sec. 9. Any corporation other than municipal, part- nership, company or individual who shall violate any provi- sion of this act where no other penalty is provided herein, or who shall violate or fail to or neglect to perform or comply with any rule or regulation made or adopted by any board or officer under the provisions of this act, shall be guilty of a misdemeanor and shall be punished therefor as provided by law. SANITARY CONDITIONS IN RAILROAD DEPOTS, ETC. An Act to provide for sanitary conditions in railroad passenger coaches and in railroad depots and vessels. [Act 210, P. A. 1909.] The People of the State of Michigan enact: Expectora- tion. Penalty. Proviso, prosecution. Temperature, ventilation, etc. Drinking water Ice in separate receptacle. Toilet rooms, etc., care of. Closets at >t at ions. (43) Section 1. It shall be unlawful for any person to expectorate upon the floor, platform or the interior furnish- ings, except cuspidors, of a steam railroad, passenger or street railway car, or upon the floor, furnishings, registers or radiators of any passenger station or public waiting room. Any person who violates any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon convic- tion thereof shall be punished by a fine of nbt more than twenty-five dollars or imprisoned not to exceed sixty days, or both such fine and imprisonment in the discretion of the court: Provided, however, That no person shall be prose- cuted under the provisions of this section unless its provi- sions are posted in a conspicuous place in such cars, stations and public waiting rooms, and suitable cuspidors are fur- nished. (44) Sec. 2. It shall be the duty of railway companies to see that every passenger coach is kept at a uniform tempera- ture, not less than sixty nor more than seventy degrees, and that provision for ventilation shall be constantly in use to provide a sufficient amount of fresh air for the passengers. (45) Sec 3. Every passenger coach shall be provided with a supply of good wholesome drinking water. When ice is used to cool the water, it shall be kept in -a separate re- ceptacle. These tanks shall be thoroughly cleaned at the terminus of every I rip, and shall be kept constantly covered. (46) Sec 4. All toilet rooms, water closets, urinals and toilet appliances in railway coaches and depots are to be scrubbed with soap and hot water and disinfected with an approved disinfectant each day. All closets (outhouses) at railway stations shall be kept clean and in good repair to be suitable at all times for the use of the traveling public. The vaults shall receive a daily treatment of fresh lime or LAWS RELATING TO PUBLIC HEALTH. 19 other approved disinfectant, and the contents removed at least once each month. (47) Sec. 5. Every passenger coach while in regular use, Disinfection shall be thoroughly cleansed and disinfected at least once of coaches - each month. If a car becomes infected by being occupied by a person having a dangerous communicable disease, it shall not again be opened for the reception of other passengers than the ones already in it; and at the end of the trip it shall be disinfected before it is again used for passenger traffic. In cases of public exposure of this kind on railway trains, Report of. it shall be the duty of the railway authorities to report the facts to the state board of health, giving the names and destination of each exposed passenger that occupied the same car as the infected person. (48) Sec. 6. Every passenger coach operating in" this urinals, state, and every vessel navigating upon the rivers and inland apjwivai 10 of. lakes of the state, or entering her lake harbors, shall be pro- vided with urinals and closets of such form as will secure the sterilization of all discharges entering them; and the same shall be known d% the "Aseptic closet and urinal." The form of the urinal and closet, including the method of steriliza- tion, shall have the approval of the state board of health before adoption. (49) Sec. 7. In case any railroad or vessel company oper- Penalty for ating in this state, shall neglect or refuse to carry out the Jct! ation ° f provisions of the preceding sections, it shall be liable to a penalty of one hundred dollars and cost of prosecution for each and every passenger train so run, to be sued for in the name of the people of the state of Michigan. 20 STATE OF MICHIGAN. CHAPTER II. LOCAL BOARDS OF HEALTH, BOARDS OF HEALTH IN TOWNSHIPS. VACCINATION. BOARDS OF HEALTH IN VILLAGES AND RABIES AMONG* DOGS. CITIES. SPREAD OF COMMUNICABLE DISEASES. QUARANTINE. TUBERCULOSIS. HOSPITALS. PASTEUR TREATMENT FOR INDIGENT PERSONS. DISEASES AMONG CATTLE. POWERS OF VILLAGES. POWERS OF FOURTH CLASS CITIES. BOARDS OF HEALTH IN TOWNSHIPS. LR. S. 1846, Ch. 16.] coSstitmf ( 50 ) §- 2343 ' Sec. 70. The supervisor, the two justices of township the peace, whose term of office will soonest expire, and town- board, ship clerk, shall constitute the township board, any three of whom shall constitute a quorum for the transaction of busi- ness. no!? en resent rum ( 51 ) § ^ 4 * Sec ' 71 * Wnen > from an J cause, there shall one pfremain- not be three of the officers constituting such boards competent or able to act, one of the remaining justices, on being notified by any member of said board, shall meet with any members of the board, and shall have the same authority as the other members of the board. ing justices to act Meeting of hoard, when held. Claims audited, etc. Paid by treasurer. A member of the board who is interested in the subject for consideration is not "competent or able to act," and his participation vitiates the proceed- ings. — Stockwell v. White Lake, 22 / 341. But such is not the case where the interest of the officers is merely that of tax-payers and residents and the the business to be transacted is the public administrative business of their township, in which no man can be found not interested in a similar way. — Clement v. Everest, 29 / 19. (52) § 2345. Sec. 72. The township board shall meet an- nually on the second Tuesday next preceding the annual township meeting to be held in such towTiship, for the pur- pose of auditing and settling all claims against the .town ship; and they shall state on each account the amount al- lowed by them ; and the amounts allowed by them shall be paid by the treasurer, on the order of the board, signed b\ their clerk, And countersigned by the chairman of the board. Am. 1905, Act 149. [R. S. 1846, Ch. 86.] Hoard of health. (53) § 4410. Section 1. In every township the township hoard shall be the board of health. The supervisor shall be i lie president, and the township clerk shall be the clerk of said board. The clerk shall keep a record of the proceedings of the board in a book to be provided for that purpose at the expense of 1 1 1 ; * township. LAWS RELATING TO PUBLIC HEALTH. 21 (54) § 4411. Sec. 2. Every board of health shall appoint Health and constantly have a health officer, who shall be a well edu- officer cated physician, and act as the sanitary adviser and an executive officer of the board : Provided, That in townships Proviso as to where it is not practicable to secure the services of a well educated and suitable physician, the board may appoint the supervisor or some other person as such health officer. The compensation, board of health shall establish his salary or other compensa- tion, and shall regulate and audit all fees and charges of per- sons employed by them in the execution of the health laws and of their own regulations, except as hereinafter provided in section fifteen hereof with regard to dangerous communi- cable diseases. Within thirty days after the annual town- When ship meeting in each year, the board of health shall meet for appointed, the transaction of business, and shall appoint or re-appoint a health officer, and shall immediately cause to be trans- mitted to the secretary of the state board of health, at Lan- sings the full name and postoffice address of such health officer, and a statement whether he is a physician, the super- visor, or some other person not a physician. A special meet- ing of the board may be called by the order of the president or of any two members of said board. Am. 1903. Act 101. Section 15 above referred to is section 07 of this compilation. Payment of claims, see McKillop v. Supervisors, 110 / 014 ; Tease v. Saginaw City, 120/440. Duties of health officer, see compiler's section 134. (55) § 4112. Sec. 3. The board of health shall make such Regulations regulations and by-laws respecting nuisances, sources of filth and by_laws and causes 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 or by-laws violation a he shall be deemed guilty of a misdemeanor and on convic- mis emeanor tion thereof, shall be punished by a fine not exceeding the sum of one hundred dollars, or by imprisonment in the Penalty for. county jail not exceeding ninety days, or by both such fine and imprisonment, in the discretion of the court. (56) § 4413. Sec. 4. The said board shall also make Respecting such regulations as they may deem necessary for the public Jlpabte of health and safety, respecting any articles which are capable conveying j, <•• .- C i« • £ contagion, etc. 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, penalty. he shall forfeit a sum not exceeding one hundred dollars. (57) § 4414. Sec. 5. The said board shall also make all Duty of board regulations which they may deem necessary for the interment purchase 6 of of the dead, and respecting burying grounds, for their town- "J^JjJJg ship; 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, 22 STATE OF MICHIGAN. provided suitable grounds therefor can be found and pro- cured within the township, and if not, they shall then pro- vide such grounds in the nearest adjoining township where such suitable grounds can be procured. This statute makes it the duty of the township board of health to provide and maintain burial grounds, but contains no provisions for the condemnation of land for cemetery purposes. — Board of Health v. Van Hoesen, 87 / 534. See also, Upjohn v. Bd. of Health, 46/544; Oneida Twp. v. Allen, 137/224. land?in°t.r h u°Jt d ^ § 4415 * SEC * G * The b ° ard ° f health ° f the township ' for which such burying ground shall be procured, and their successors in office, shall hold the fee of such land in trust To be fenced, for such township ; and they shall keep the same, or so much thereof as shall be necessary, surrounded . with a good and Expenses, how substantial fence ; the expense of the purchase of such lands, prodded for. an( j o £ f enc j n g an( j re gulating 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 town- Proviso. ship: Provided, however, That the board of health •may, whenever they think it desirable, sell and convey single or family burial lots in said township burying grounds to such person or persons as may desire to procure the same, and apply the proceeds thereof towards the purchase or improve- ment of said grounds, certifying the amount of all such sales and expenditures to the township board, as above provided : idem. Provided, further, That before said board of health shall sell or offer to sell any lot or lots as above provided, they shall cause said burying ground to be laid out in such form as they may choose, and cause two maps thereof to be made, which maps shall accurately describe the lands belonging to such burying grounds, its boundaries and location, with the lots or subdivisions named or numbered thereon, and also their size, situation, and extent, with the width, extent, and location of all the streets, alleys, or walks in such burying ground, which maps shall be prepared under the supervision and direction of the health officer and clerk of said board of health, and certified by them to be a correct map of the said burying ground. One of said maps shall be filed with the clerk of said board of health and the other with the register of deeds of the county in which such burying ground is situated. Notice of (59) § 4410. Sec. 7. Notice shall be given by the board ^piVbHshed. 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. LAWS RELATING TO PUBLIC HEALTH. 23 BOARDS OF HEALTH IN CITIES AND VILLAGES. [R. S. 1846, Ch. 35.] (60) § 4459. Sec. 49. The mayor and aldermen of each Board of . v ; a , , ,_ ., J . _ .. . health in cities incorporated city, and the president and council, or trustees and villages, of each incorporated village in this state, in which no board SjJStttute. of health is organized under its charter, shall have and exer- cise 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 offi- cers. The provisions of this chapter, and the amendments thereto, shall, as far as applicable, apply to all cities and villages in this state, and all duties which are, by the pro- visions of this chapter, to be performed by the board of health of townships, or by the officers and inhabitants thereof, shall in like manner be performed by the board of health and the officers and inhabitants of such cities and villages, with a like penalty for the non-performance of such duties, excepting in cases where the charters of such cities and villages contain provisions inconsistent herewith. The chapter referred to in this section is chapter 46, C. L. 1871. See sections 4410-4458, C. L., 1897. Detroit Board of Health, establishment of, see Act 10 of 1895. SPREAD OF COMMUNICABLE DISEASES. [R. S. 1846, Ch. 35.] (61) § 4450. Sec. 41. When the small-pox, or any other Board to disease dangerous to the public health, is found to exist in ^Jad^f 116 any township, the board of health shall use all possible care dangerous 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. Nicholson v. Detroit, 129/246. (62) § 4452. Sec. 43. Whenever any householder, hotel Householders keeper, keeper of a boarding house, or tenant, shall know, or *J Sisease? tice shall be informed by a physician, or shall have reason to be- lieve that any person in his family, hotel, boarding house or premises, is taken sick with small-pox, cholera, diphtheria, scarlet fever, or any other disease dangerous to the public health, he shall immediately give notice, in writing, thereof to the health officer of the township, city or village in which he resides. Said notice shall state the name of the person sick, the name of the disease, if known, the name of the householder, hotel keeper, keeper of boarding house or tenant giving the notice, and shall, by street and number, or other- wise, sufficiently designate the house in which he resides or 24 STATE OF MICHIGAN. Penalty for neglect. Proviso as to penalty. Penalty on physician neglecting to give notice. the room in which the sick person may be; and if he shall refuse or wilfully neglect immediately to give such notice, he shall be deemed guilty of a misdemeanor, and upon convic- tion thereof he shall be punished by a fine of not exceeding one hundred dollars and costs of prosecution; or in default of payment thereof, by imprisonment not exceeding ninety days in the county jail, in the discretion of the court: Pro- vided, That such fine or imprisonment shall not be enforced if the physician in attendance has given to the health officer or other officer hereinbefore mentioned an immediate notice of said sick person and true name of the disease, in accord- ance with the requirements of this section. (63) § 4453. Sec. 44. Whenever any physician shall know that any person whom he is called to visit, or who is brought to him for examination, is infected with small-pox, cholera, diphtheria, scarlet fever, or any other disease dan- gerous to the public health, he shall immediately give notice thereof to the health officer of the township, city or village, in which the sick person may be; and to the householder, hotel keeper, keeper of a boarding house, or tenant within whose house or rooms the sick person may be. The notice to the officer of the board of health shall state the name of the disease, the name, age and sex of the person sick, also the name of the physician giving the notice; and shall, by street and number, or otherwise, sufficiently designate the house or room in which said person sick may be. And every physician and person acting as a physician, who shall refuse or neglect immediately to give such notice shall forfeit for each such offense a sum not less than ten nor more than fifty dollars: Provided, That this penalty shall not be enforced against a physician if another physician in attendance has given to the health officer, or other officer hereinbefore men- tioned, an immediate notice of said sick person, and the true name of the disease, in accordance with the requirement of this section. People v. Brady, 90/459. Consumption.— See People v. Shurly, 124/646, 131/179. Compensation to pnysician. (64) § 4454. Sec. 50. For each complete notice in writ- ing to an officer of the board of health, in full compliance with the preceding section, requiring from physicians, or other person, notices of diseases dangerous to the public health, the physician who gave the notice shall be entitled, on duly certifying that each notice was correct, and when the bill has been duly audited by the boa'rd of health, to re- ceive from the township, city, or village, in which the notice was given, the sum of ten cents. This section 50 was added by an act which at the same time amended 18 ami n. so that the "preceding section" referred to herein Is section LAWS RELATING TO PUBLIC HEALTH. 25 An Act to prevent the spread of dangerous communicable diseases, by providing for the punishment of wilful offenders. [Act 15, P. A. 1891.] The People of the State of Michigan enact: (65) § 4473. Section 1. That no person affected with J|gJJJ with small-pox, diphtheria or scarlet fever, shall wilfully enter a communicable public place or a public conveyance, nor shall in any way hiblted 8 from wilfully subject another person to danger of contracting such P ub e ii C ng piaces disease ; no person shall knowingly and wilfully take, aid etc. , in taking, or cause to be taken, a child or other irresponsible person, while affected with any of the aforesaid diseases, into a public place or public conveyance, nor in any way know- ingly and wilfully subject another person to danger of con- tracting any one of the aforesaid diseases from such child or irresponsible person; no person shall knowingly and wil- fully subject another person to danger of contracting any of the aforesaid diseases from the body of a person deceased therefrom; no person shall in any way knowingly and wil- fully expose, aid in exposing, or cause to be exposed a child or other irresponsible person, to danger of contracting any one of the aforesaid diseases : Provided, That this section p roV iso. shall not apply to necessary transportation of patients suffer- ing from such diseases in proper vehicles provided for such purposes. (66) § 4474. Sec. 2. Whoever shall violate any of the violation a provisions of section one of this act shall be deemed guilty ™ e nafty eanor ' of a misdemeanor, and on conviction thereof, shall be pun- ished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, or by imprisonment in the county jail not less than twenty days, nor more than ninety days. [R. S. 1846, Ch. 35.] (67) § 4424. Sec. 15. When any person coming from out- when person side the county or residing in any township, city or village SuMaStined. within this state shall be infected or shall lately before have been infected with a dangerous communicable disease, the board of health of the township, city or village where such Duty of person may be shall make effectual provision in the manner {JSith. of in which it shall judge best for the safety of the inhabitants, and it may remove such sick or infected person to a separate house if it can be done without danger to his health, and shall provide nurses and other assistance and necessaries which shall be at the charge of the person himself, his pa- rents or other persons who may be liable for his support, if able: Provided, If such person, his parents or other person p roV iso. who may be liable for his support, be not able to pay for such assistance and necessaries, the board of health shall keep an itemized and separate statement of expenses in- 4 26 STATE OF MICHIGAN. curred for each and every person cared for under this sec- tion and shall render such statement to the board of super- visors of the county by filing the same with the county clerk. supervisors to The said board of supervisors shall, as soon as may be, pro- audit claims. (jeed tQ audit the gaid ^ flnd . f foimd thftt the expenses were necessarily incurred, the services actually and neces- sarily performed and the amounts claimed for such expenses and services are severally just and reasonable under the cir- cumstances, the said board of supervisors shall allow the same or such parts thereof as the majority of the members elect of said board shall deem just, and provide for their immediate payment by the said county; and in auditing such • accounts said several boards of supervisors shall have full power to examine into the merits of all claims presented to them in accordance with the provisions herein contained, and may subpoena witnesses and take any other measures necessary to arrive at the truth of the same; and the said board of supervisors is hereby empowered, if necessary, to issue orders or borrow money on the faith and credit of the county to pay all such necessary bills and expenses and to include the same in the next appropriation of money to be raised by taxation in said county: Provided, The board of supervisors or county board of auditors shall fix the maxi- mum fee and mileage for medical attendance upon contagious diseases chargeable to the county, and shall authorize the superintendents of the poor, upon the application of any board of health of a township, city or village, to contract with a physician or physicians to attend contagious diseases. Payment of claims. Proviso, fee lor mileage arid medical attendance. Am. 1903, Act 7 ;. 1909, Act 98. Reference to local acts, making special provisions for the payment of con- tagious disease claims, may be found in Chapter VIII of this compilation. PHYSICIANS' CLAIMS : When a physician has presented a bill to a county for services rendered to indigent persons, his bill has been audited, and he has received, without protest, the amount allowed, he is estopped to claim balance as services rendered under this section. — Browne v. Super- visors, 126 / 276. Where a health officer has been called in consultation by another physician to determine whether the patient is affected with a dan- gerous communicable disease, he renders his services as health officer under section 134 and not this section. He is therefore entitled to compensation under section 136 and not under this section. — Id. Liability of county, see Zimmerman v. Supervisors, 133 / 494 ; Pierce v. Gladwin Supervisors, 136 / 423. HEALTH OFFICERS : It is not necessary that a health officer should have a previous express agreement with the board of health for his services in treating persons sick with contagious diseases, if the board knew that they were being rendered, and afterwards allowed his bill. — Cedar Creek v. Wexford Supervisors, 135 /124. BOARD OF HEALTH : A village cannot bind the county by voluntary donations to its health officer, over and above charges preferred by him for specific services. That the health board shall keep and render an itemized and separate statement of expenses incurred in caring for each person is mandatory. — Durand v. Shiawassee Supervisors, 132 / 448. Itemized account of expenses, see Cedar Creek v. Wexford Supervisors, 135 / 124. Employ- ment of nurses for a family quarantined. — Rohn v. Osmun, 143 / 69. BOARDS OF SUPERVISORS : Where expenses are Incurred in the case of an indigent person afflicted with a contagious disease, it is not 'necessary that the municipality first pay the claim and then present it to the board of supervisors, but the claimant may make his claim direct to the board in the first Instance. — Bishop v. Ottawa Supervisors. 140 / 177. Boards of supervisors have no power to reject a claim for services rendered by order of a local board of health without giving the claimant an opportunity to. be heard and to present proof in its support. — Id. Boards of supervisors are not authorized to substitute their Judgment in place of that of the board of health as to whether a person had a dangerous communicable disease. — Thomas v. Ingham Supervisors. 142 / 319. Claims for care of non-resident patients. — Supervisors v. Supervisors, 144/52. A county is not liable for LAWS RELATING TO PUBLIC HEALTH. 27 articles of furniture supplied by a dealer at the request of the city board of health to take the place of similar articles belonging to an indigent person destroyed by said board to prevent the spread of smallpox ; the claim, if any, should be made by the owner of the articles destroyed. — Baar v. Supervisors, 151/505. The county is liable for formaldehyde furnished upon order of the city board of health. — Id. (68) § 4425. Sec. 16. If any such infected person can- Provision in not be removed without danger to his health, the board of pSsons ec health shall make provision for him as directed in the pre- removed 56 ceding section, in the house in which he may be, and in such case they may cause the persons in the neighborhood to be removed, and may take such other measures as they may deem necessary for the safety of the inhabitants. Elliott v. Kalkaska Supervisors, 58 / 454 ; St. Johns v. Supervisors, 118 / 203. INSPECTION OF TRAVELERS, AND LOCAL QUARANTINE. (69) § 4426. Sec. 17. The board of health of any town- Board may ship near to, or bordering upon either of the neighboring [ravelin states, may appoint, by writing under their hands, suitable P°i ni ? g d from persons to attend any places by which travelers may pass, districts, from infected places in other states; and the persons so ap- pointed may examine such passengers as they may suspect of bringing with them any infection which may be dangerous to the public health, and if need be, may restrain them from traveling until licensed thereto by the board of health of the township to which such persons may come; and any person coming from such infected place, who shall, without license, as aforesaid, travel within this state, unless it be to travel by the most direct way to the state from whence he came, after he shall be cautioned to depart by the persons ap- pointed as aforesaid, shall forfeit a sum not exceeding one hundred dollars. (70) § 4427. Sec. 18. Any two justices of the peace may, Removal of if need be, make out a warrant under their hands, directed fn/^ted. to the sheriff, or any constable of the county, requiring him, under the direction of the board of health, to remove any person infected with contagious sickness, or to take posses- sion of convenient houses and lodgings, and to provide nurses, attendants, and other necessaries, for the accommo- dation, safety, and relief of the sick. (71) § 4428. Sec. 19. Whenever, on the application of infected the board of health, it shall be made to appear to any justice cioSg! and of the peace that there is just cause to suspect that any bag- goods, how gage, clothing, or goods of any kind found within the town- s ship, are infected with any disease which may be dangerous to the public health, such justice of the peace shall, by war- rant under his hand, directed to the sheriff, or any constable of the county, require him to take with him as many men as the said justice shall deem necessary to secure such baggage, clothing, or other goods, and to post said men as a guard STATE OF MICHIGAN. over the house, or place where such baggage, clothing, or other goods shall be lodged, which guard shall take effectual care to prevent any person removing, or coming near to such baggage, clothing, or other goods, until due inquiry be. made into the circumstances thereof. (72) § 4429. Sec. 20. The said justice may also, by the same warrant, if it shall appear to him necessary, require the said officer, under the direction of the board of health, to impress and take up convenient houses or stores, for the safe, keeping of such baggage, clothing, or other goods; and the board of health may cause them to be removed to such houses or stores, or to be otherwise detained until they shall, in the opinion of said board of health, be freed from infec- tion. Impressing houses, etc., for keeping infected goods. Powers of officer executing warrant. Charges to be paid by owner. Compensation for houses, nurses, etc. (73) § 4430. Sec. 21. Such officer, in the execution of such warrant, shall, if need be, break open any house, shop, or any other -place mentioned in said warrant, where such baggage, clothing, or other goods shall be; and he may re- quire such aid as shall be necessary to effect the execution of the warrant ; and all persons shall, at the command of any such officer, under a penalty not exceeding ten dollars, assist in the execution of the warrant, if able to do so. (74) § 4431. Sec 22. The charges of securing such bag- gage, clothing, or other goods, and of transporting and puri- fying the same, shall be paid by the owner or owners thereof, at such rates and prices as shall be determined by the board of health. (75) § 4432. Sec 23. Whenever the sheriff or other offi- cer shall take possession of any houses, stores, lodgings, or other necessaries, or shall employ any nurse or attendants, as provided in this chapter, the several parties interested shall be entitled to a just compensation therefor, to be paid by the county in which such persons or property shall have been so employed or taken possession of. Farnsworth v. Supervisors, 5G / 640. When, prisoners attacked with dangerous disease may be removed. Prisoners removed to be returned, and not to be considered as having escaped. (76) § 4433. Sec 24. Whenever any person confined in any common jail shall be attacked with any disease, which, in the opinion of the physician of the board of health, or of such other physicians as they may consult, shall- be consid- ered dangerous to the safety and health of the other prison- ers, or of the inhabitants of the township, the board of health shall, by their 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 their further orders; and if such prisoner shall recover from the disease, he shall be returned to such jail. (77) § 4434. Sec 25. If the person so removed shall have been committed by order of any court, or under any judicial process, the order for his removal, or a copy thereof, at- tested by the presiding member of said board of health, shall LAWS RELATING TO PUBLIC HEALTH. 29 be returned by him, with the doings thereon, into the office of the clerk of the circuit court for the county; and no pris- oner, removed as aforesaid, shall be considered as thereby having committed an escape. (78) § 4435. Sec. 26. Whenever any pestilence or conta- whensuper- gious disease shall break out in any county poor house in p n oo"may S ° f this state, or in the vicinity thereof, and the physician to p e e ™ fr e £ au ~ such county poor house, or such other physician as the su- poor houses. perintendents may consult, shall certify that such pestilence or disease is likely to endanger the health of the persons sup- ported at such poor house, the superintendents of such county poor house shall cause the persons there supported, or any of them, to be removed to some other suitable place in the same county, and there to be maintained and provided for at the expense of the county, with all necessary medical attendance and care, until they can safely be returned to such poor house, or otherwise discharged. QUARANTINE REGULATIONS. An Act to prevent the introduction of a dangerous communicable disease in any township, city or village in Michigan, except under specified regulations. [Act 45, P. A. 1895.] The People of the State of Michigan enact: (79) § 4471. Section 1. No person sick with cholera, Special permit smallpox, diphtheria, scarlet fever or any other communicable Seiith" 1 ° f disease dangerous to the public health, and no article which has been infected or is liable to propagate or convey any such disease, shall come or be brought into any township, city or village in Michigan, without the special permit of the board of health or of the health officer of said township, city, or vil- lage, and then only under the supervision of the health officer of said township, city or village. Am. 1909, Act 243. A city has no authority to bring patients infected with dangerous com- municable diseases within a township, where it has a hospital, without first obtaining consent therefor from the proper oflicers of the township. — Sum- mit Twp. v. Jackson City, 154/37. (80) § 4472. Sec. 2. Whoever shall violate the provisions penalty for of section one of this act, or the order of the health officer violation, made in pursuance thereof, shall, on conviction, be deemed guilty of a misdemeanor, and shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail not exceeding three months, or by both said fine and imprisonment. 30 STATE OF MICHIGAN. Township quarantine. [R. S. 1846, Ch. 35.] (81) § 4436. Sec. 27. Any township may establish a quarantine ground in any suitable place, either within or without its own limits: Provided, That if such place shall be without its limits, the assent of the township within whose limits it may be established shall be first obtained therefor. References to special acts for the establishment of quarantine grounds, hospitals, pest houses, etc., may be found in Chapter VIII of this compilation. Quarantine for two or more townships. Quarantine in townships bordering on certain lakes, rivers, etc. Quarantine regulations to extend to persons and goods in vessels. Penalty for violating quarantine regulations. Vessels in certain cases to be removed to quarantine ground, etc. Master, etc., to answer on oath in regard to infections. (82) § 4437. Sec. 28. Any two or more townships may, at their joint expense, establish a quarantine ground for their joint use, either within or without their own limits: Pro- vided, That if such place shall be without their limits, they shall first obtain the assent of the township within whose limits the same may be. (83) § 4438. Sec. 29. The board of health in each town- ship in this state bordering upon Lake Michigan, Lake Su- perior, Lake Huron, Lake St. Clair, or Lake Erie, or upon any of the principal rivers or straits connecting together any of the said lakes, or bordering upon any navigable waters uniting with any of the said lakes, rivers or straits, may from time to time establish the quarantine to be performed by all vessels arriving within the limits of such townships, and may make such quarantine regulations as they shall judge neces- sary for the health and safety of the inhabitants. (84) § 4439. Sec. 30. The quarantine regulations so es tablished shall extend to all persons, and all goods and effects, arriving in such vessels, and to all persons who may visit or go on board of the same. (85) § 4440. Sec. 31. The said quarantine regulations, after notice shall have been given in the manner before pro- vided in this chapter, shall be observed and complied with by all persons; and any person who shall violate any such regu- lations, shall forfeit a sum not less than five dollars and not more than five hundred dollars. (86) § 4441. Sec. 32. The board of health in each town- ship bordering upon any of the lakes, rivers, straits, or other navigable waters hereinbefore mentioned, may at all times cause any vessel arriving within the limits of the township, when such vessel or the cargo thereof shall, in their opinion, be foul or infected, so as to endanger the public health, to be removed to the quarantine ground, and to be thoroughly puri- fied, at the expense of the owners, consignees, or persons in possession of the same; and they may also cause all persons arriving in, or going on board of such infected vessel, or handling such infected cargo, to be removed to any hospital under the care of the said board of health, there to remain under their orders. (87) § 4442. Sec. 33. If any master, seaman, or pas- senger, belonging to any vessel, on board of which any infec- tion may I lien be, or may have lately been, or which may have LAWS RELATING TO PUBLIC HEALTH. 31 been at, or which may have come from any port or place where any infectious disease prevails, that may endanger the public health, shall refuse to answer on oath, to be admin- istered by any member of such board, such questions as may be asked him, relating to such infection or disease, by any member of the board of health of the township to which such vessel may come, such master, seaman, or passenger, so re fusing, shall forfeit a sum not exceeding two hundred dol- lars; and in case he shall not pay such sum, he shall suffer six months imprisonment. (88) § 4443. Sec. 34. All expenses incurred on account Expenses by of any person, vessel or goods, under any quarantine regula- p^g™ t0 tions, shall be paid by such person, or by the owner of such vessel or goods respectively. TUBERCULOSIS. An Act defining the powers and duties of local health officers and boards of health in the matter of the protection of the people of the state of Michigan from the disease known as tuberculosis. [Act 27, P. A. 1909.1 The People of the State of Michigan enact: (89) Section 1. Keports by physicians and others. — Tu- berculosis is hereby declared to be an infectious and com- municable disease. It shall be the duty of every physician in the state of Michigan to report in writing on a form to be furnished as hereinafter provided, the name, nativity, age, sex, color, occupation, place where last employed if known, and address, of every person known by said physician to have tuberculosis, to the health officer of the township, city or yillage in which said person resides, within twenty-four hours after such fact comes to the knowledge of said physician. It shall also be the duty of the chief officer having charge for the time being of any hospital, dispensary, asylum or other similar private or public institution in said state of Michigan, to report in like manner the name, nativity, age, sex, color, occupation, place where last employed if known, and previous address of every patient having tuberculosis who comes into his care or under his observation, within twenty-four hours thereafter. * (90) Sec. 2. This report shall be upon a blank form fur- Report, what nished by the state board of health, and such blank, in addi- tocontain tion to the name, color, age, sex, nativity, occupation, place where last employed and present address, as stated above, shall give also the evidence upon which the diagnosis of tu- berculosis has been made, the part of the body affected and the stage of the disease. All cases in which the sputum, Tuberculosis, urine, faeces, pus or any other bodily discharge, secretion or what regarded ' 32 STATE OF MICHIGAN. excretion shall contain the tubercle bacillus shall be regarded as open cases of tuberculosis, and the rules given below pro- viding for disinfection of premises occupied by cases of tuber- culosis shall apply only to such open cases. All other cases shall be reported for statistical purposes and shall be sub- open cases, jected to frequent examinations. In the event of these be- coming open cases, they shall become subject to the same re- Report fees, strictions as herein provided for all open cases. For each complete report sent in the physician reporting shall be al- lowed a fee of fifty cents out of the general fund in the state treasury after said report has been accepted by the state board of health and voucher issued therefor by the secretary of said board and approved by the board of state auditors. Am. 1909, Act 317. Reports, how made, etc. Register. Who may inspect. Blanks, etc., payment for. (91) Sec. 3. Examination of sputum. — It shall be the duty of every health officer of a township, city or village, when so requested by any physician or by authorities of any hospital or dispensary, to make or cause to be made a micro- scopical examination of the sputum or other bodily secretion or discharge forwarded to him as that of a person having symptoms of tuberculosis, which shall be forwarded to such officer in a package specified by the state board of health, accompanied by a blank giving name, nativity, age, sex, color, occupation, place where last employed if known, and address of the person whose sputum it is. It shall be the duty of said health officer promptly to make a report of the results of such examination free of charge to the physician or person upon whose application the same is made: Provided, That the examinations provided for in this section shall be made, on request of local health officers, bv the state board of health. (92) Sec. 4. Protection of records. — It shall be the duty of every health officer of a township, city or village to cause all reports made in accordance with the provisions of the first section of this act, and also all results of examinations showing the presence of the bacilli of tuberculosis made in accordance with the -provisions of the third section of this act, to be recorded in a register to be furnished by the state board of health, of which he shall be the custodian, and a copy of which he shall transmit quarterly to the state board of health. Such register shall not be open to inspection by any person other than the health authorities of the state and of the said township, city or village, and said health author- ities shall not permit any such report or record to be di- vulged so as to disclose the identity of the person to whom ii relates, except as may be necessary to carry into effect the provisions of this act. The cost of all blanks, vouchers and registers by this act required N to be furnished or issued by the state board of health shall be paid for by the board of state auditors out of the general fund in the state treasury, LAWS RELATING TO PUBLIC HEALTH. 3a on presentation of vouchers approved by the secretary of the state board of health. Am. 1909, Act 317. (93) Sec. 5. Disinfection of premises. — In case of the vacating of any apartment or premises by the death or re- moval therefrom of a person having open tuberculosis, it shall be the duty of the attending physician, or if there be no such physician or if such physician be absent, of the owner, lessee, occupant or other person having charge of the said apartments or premises, if he knows or has been notified that such deceased person or persons who have been removed therefrom had open tuberculosis, to notify the health officer of said township, city or village of said death or removal within twenty-four hours thereafter, and such apartments or premises so vacated shall not again be occupied until duly disinfected, cleansed or renovated by the local board of health, in accordance with the methods endorsed and recommended by the state board of health. (94) Sec. 6. Health officer to direct disinfection, cleans- ing or renovation. — When notified of the vacating of any apartments or premises as provided in section five hereof, the ' local health officer or one of his assistants or deputies shall within twenty-four hours thereafter visit said apartments or premises and shall order and direct that, except for purposes of cleansing or disinfection, no infected article shall be re- moved therefrom until properly and suitably cleansed or dis- infected; and said health officer shall determine the man- ner in which such apartments or premises shall be disin- fected, cleansed or renovated in order that they may be rendered safe and suitable for occupancy. If the health au- thorities determine that disinfection is sufficient to render them safe and suitable for occupancy, such apartments or premises, together with all infected articles therein, shall immediately be disinfected by the health authorities at pub- lic expense. Should the health authorities determine that such apartments or premises are in need of thorough cleans- ing and renovation, a notice in writing to this effect shall be served upon the owner or agent of said apartments or prem- ises, and said owner or agent shall thereupon proceed to the cleansing or renovating of such apartments or premises in accordance with the instruction of the health authorities, and such cleansing and renovation shall be done at the expense of the said owner or agent. (95) Sec. 7. Prohibiting occupancy until order of health officer is complied with. — In case the orders or directions of the local health officer requiring the disinfection, cleansing or renovation of any apartments or premises or any articles therein as hereinbefore provided, shall not be complied with within forty -eight hours after such orders or directions shall be given, the health officer may cause a placard in words and 34 STATE OF MICHIGAN. form substantially as follows to be placed upon the door of the infected apartments or premises: "Tuberculosis is a communicable disease. These apartments have been occupied by a consumptive and may be infected. They must not be occupied until the order of the health officer directing their disinfection or renovation has been complied with. This notice must not T>e removed under the penalty of the law except by the health officer or other duly authorized official." (96) Sec. 8. Prohibiting carelessness of a person having tuberculosis. — Any person having tuberculosis who shall dis- pose of his sputum, saliva or other bodily secretion or ex- cretion so as to cause offense or danger to any person or persons occupying the same room or apartment, house, part of a house or premises, shall, on complaint of any person or persons subjected to such offense or danger, be deemed guilty of a nuisance and any person subjected to such a nuis- ance may make complaint in person or writing to the health officer of any township, city or village where the nuisance complained of is committed. It shall be the duty of the local health officer receiving such complaint to investigate, and if it appear that the nuisance complained of is such as to cause offense or danger to any person occupying the same room, apartment, house, part of a house or premises, he shall serve a notice upon the person so complained of, reciting the alleged cause of offense or danger and requiring him to dis- pose of his sputum, saliva or other bodily secretion or ex- cretion in such a manner as to remove all reasonable cause of offense or danger. Any person failing or refusing to com- ply with orders or regulations of the local health officer of any township, city or village, requiring him to cease to com- mit such nuisance, shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than one nor more than ten dollars. (97) Sec. 9. Protection of patient's family. — It shall be the duty of a physician attending a patient having tuber- culosis to take all proper precautions and to give proper in- structions to provide for the safety of all individuals occupy- ing the same house or apartment, and if no physician be at- tending such patient this duty shall devolve upon the local health officer, and all duties imposed upon physicians by any section of this act shall be j>erformed by the local health offi- cer in all cases of tuberculosis not attended by a physician. (98) Sec. 10. It shall be the duty of every local health officer to transmit to every physician reporting any case of tuberculosis, or to the person reported as suffering from this disease, provided the latter has no attending physician, a circular of information provided by the state board of health. This circular of information shall inform the con- sumptive of the precautions necessary to avoid transmitting the disease to others. LAWS RELATING TO PUBLIC HEALTH. 35 (99) Sec. 11. Penalty for failure of physician to perform duties or for making false reports. — Any physician or person practicing as a physician who shall fail to report any case of tuberculosis or who shall knowingly report as affected with tuberculosis any person who is not so affected, or who shall wilfully make any false statement concerning the name, nativity, age, sex, color, occupation, place where last .em- ployed if known, or address of any person reported as affected with tuberculosis, or who shall certify falsely as to any of the precautions taken to prevent the spread of in- fection, shall be deemed guilty of a misdemeanor and on' conviction thereof shall be subject to a fine of not more than one hundred dollars. (100) Sec. 12. Reporting recovery of patient. — Upon the recovery of any person having tuberculosis, it shall be the duty of the attending physician to make a report of this fact to the local health officer, who shall record the same in the records of his office, and shall relieve said person from further liability to any requirements imposed by this, act. (101) Sec. 13. General penalty. — Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished, except as herein otherwise provided, by a fine of not less than five dollars nor more than fifty dollars. Sec. 14 repeals inconsistent acts. HOSPITALS. [R. S. 1846, Ch. 35.] (102) § 4444. Sec. 35. The inhabitants of any township Hospitals for may establish within their township, and be constantly pro- p^oSaving vided with, one or more hospitals for the reception of persons smallpox, etc. having the smallpox, or other disease which may be dangerous to the public health. Elliott v. Supervisors, 58 / 452 ; Nicholson v. Detroit, 129 / 246. References to special acts for the establishment of hospitals, etc., may be found in Chapter VIII of this compilation. See sections 256-9 for the construction and maintenance of hospitals and sanitariums. (103) § 4445. Sec. 36. All such hospitals shall be subject By whom to the orders and regulations of the board of health, or a com- plated /etc. 3 mittee appointed by such board for that purpose ; but no such hospital shall be established within one hundred rods of any inhabited dwelling house situated in an adjoining township, without the consent of such adjoining township. (104) § 4447. Sec 38. When any hospital shall be so es- physicians, tablished, the physician attending the same, the persons in- subject t^ oculated or sick therein, the nurses, attendants, and all per- regulations of hosro. etc sons who shall approach or come within the limits of the STATE OF MICHIGAN. When board of health to Erovide ospitals. 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. (105) § 4448. Sec. 39. When the smallpox, 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 hereinbefore provided for established hos- pitals. (106) § 4449. Sec. 40. The board of health shall cause such sick or 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 of life; in which case the house or place where the sick shall remain, shall be considered as a hospital to every purpose before men- tioned, 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. (107) § 4451. Sec. 42. If any physician or other person, in any of the hospitals or places of reception before men- tioned, or who shall 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. When infected per- sons to be removed to hospital, etc. Penalty for violating regulations of hospitals. VACCINATION. An Act to authorize boards of health of cities, villages and townships to furnish vaccination to the inhabitants thereof. - [Act 146, P. A. 1870.] The People of the State of Michigan enact: Board of (108) § 4465. Section 1. That the board of health of each iSS'to fuf nSh city, village and township, may at any time direct its health vaccination, officer or health physician to offer vaccination with bovine vaccine virus to every child not previously vaccinated, and to all other persons who have not been vaccinated within the preceding five years, without cost to the persons [person] vaccinated, but at the expense of such city, village or town- ship, as the case may be. LAWS RELATING TO PUBLIC HEALTH. 37 [R. S. 1846, Ch. 35.] (109) § 4455. Sec. 45. Every township may, at any meet- inoculation ing, make suitable provision for the inoculation of the inhabit- Wlth cow pox ants thereof with 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 Free township charges are defrayed. vaccination. (110) § 4446. Sec. 37. If any person shall inoculate any Sjgjfejg other person, or inoculate himself, or suffer himself to be with smaii- inoculated with the smallpox, unless at some hospital li- a^ho^pitais. censed and authorized by law, he shall, for each offense, for- feit a sum not exceeding two hundred dollars. RABIES AMONG DOGS. An Act in relation to the disease of rabies among dogs, to provide for the payment of certain damages for domestic animals infected with rabies by dogs and to provide penalties for the violations of this act. [Act 306, P. A. 1909.1 The People of the State of Michigan enact: (111) Section 1. It is hereby made the duty of all town- Township ship boards of health to whom cases of rabies among dogs are iSH&jduty reported to immediately investigate the same by some mem- j.^| e of ber or members of the board; and should such investigation show a reasonable probability that a dog is affected with the disease known as rabies, the said board of health shall im- mediately establish such temporary quarantine as may be necessary to prevent the spread of the disease and to make immediate complaint thereof in the manner provided in sec- tion four hereof. (112) Sec. 2. The said board of health, when in its judg- Do gs , muz- ment such action is necessary to prevent the spread of the zlms of ' disease, shall have power to order all dogs in the township or any part thereof, restrained, confined or muzzled. (113) Sec. 3. The order of the board of health to restrain, Order, when confine or muzzle dogs shall be operative when a copy of such °P er * tlve - order shall have been left at the usual place of residence of the owner or owners of dogs that are believed to have been exposed to the said disease, or when a copy of said order has been posted in three of the most public places in the township or part thereof to which said order applies. (114) Sec. 4. Any member of the board of health or any complaint, resident of the township may make complaint to any justice when made ' of the peace of said township when any dog within the town- ship is rabid, or has been bitten by or been fighting with a dog that is rabid, or has been running at large in violation 38 STATE OF MICHIGAN. Proviso . Further proviso. Order to kill. Reimburse- ment. of the order of the board of health. Upon such complaint it shall be the duty of the said justice of the peace to give notice to the owner of such dog or dogs to appear forthwith for the hearing of said complaint. Upon such hearing, if the said justice shall be satisfied that the said dog is rabid, has been bitten by or been fighting with a dog that is rabid, or has been running at large in violation of the said order of the board of health, he shall be authorized to make an order that such dog or dogs be killed : Provided, That the said justice, in his discretion, in all cases in which it does not appear at the hearing that the dog or dogs in question are rabid, may order the said dog or dogs restrained for a period of at least ninety days: Provided further, That in all cases in which the owner of the dog complained against cannot be ascer- tained, the justice may immediately order the said dog to be killed. (115) Sec '5. In all cases in wilich a dog is ordered killed the justice shall issue an order to any constable of the town- ship directing him to forthwith kill and bury the said dog, for which service the constable shall receive a fee of one dol- lar to be paid by the township out of its general fund in the manner that other constable fees are paid. (116) Sec. 6. Whenever any rabid dog shall infect any domestic animal with rabies, and said animal shall die there- from or be ordered killed on account thereof, the owner of said animal shall be reimbursed for the said loss in the man- ner and out of the fund provided by act number forty-eight of the public acts of nineteen hundred one, and the amend- ments thereto: Provided, That when any domestic animal shall be infected with rabies by a dog belonging to the owner of said domestic animal, and said animal shall die from said infection or be ordered killed on account thereof, then the owner of said domestic animal shall in no case be reimbursed for said loss, as herein provided. (117) Sec. 7. Any officer refusing or neglecting to per- form any of the duties imposed upon him by any of the pro- visions of this act shall be deemed guilty of a misdemeanor and subject to the penalties prescribed by law in such cases. (118) Sec 8. Any person violating any of the provisions of this act, or of a quarantine or regulation or order to re- strain, confine or muzzle dogs, duly established or issued by the board of health as provided in this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than ten dollars nor more than one hundred dollars, or to imprisonment in the county jail for a period of not less than ten days nor more than thirty days, or both such fine and imprisonment in the discretion of the court. Proviso, domestic animals. Penalty for neglect to perform duty. Penalty clause. LAWS RELATING TO PUBLIC HEALTH. 39 PASTEUR TREATMENT. An Act to provide for the prevention of rabies in indigent persons. [Act 116, P. A. 1903.] The People of the State of Michigan enact: (119) Section 1. Whenever it shall be proved to the satis- JJJjgj^ 11 * t0 faction of the local board of health that any indigent person or persons within its jurisdiction has been bitten by a rabid dog, or other rabid animal, or in any other manner has been infected with the virus of rabies, said local board of health shall make the necessary arrangements and send said person or persons supposed to be infected with rabies, to the Pasteur institute at the university of Michigan. The necessary ex- Expenses, penses thus incurred shall be a charge upon the township, owpai • city or incorporated village in which the expense was author- ized. Before their payment or allowance all bills for such expenses shall be audited by the local board of health. DISEASES AMONG CATTLE. [Extract from Act 182, P. A. 1885.] (120) § 5631. Sec. 5. It shall be the duty of any person Duty of who discovers, suspects, or has reason to believe that any report disease domestic animal belonging to him or in his charge, or that o^^J lth may come under his observation, belonging to other parties, is affected with any disease, whether it be a contagious or infectious disease, to immediately report such fact, belief, or suspicion to the live stock sanitary commission, or a member thereof, or to the local board of health or some member thereof. (121) § 5632. Sec. 6. It is hereby made the duty of all Dut^of local local boards of health, to whom cases of contagious or infec- health to tious diseases are reported, to immediately investigate the cales tisate same, either in person by some member or members of the reported. board, or by the employment of a competent and skilled veterinarian; and should such investigation show a reason- able probability that a domestic animal is affected with a contagious or infectious disease of a malignant character, the commission to local board of health shall immediately establish such tern- quarantine. porary quarantine as may be necessary to prevent the spread of the disease, and report all action taken to the commission or to some member thereof; and the acts of local boards of health establishing temporary quarantine shall have the same force and effect as though established by the commission itself, until such time as the commission may take charge of the case or cases, and relieve the local board of health. All Expenses, how expenses incurred by local boards of health in carrying out paid ' 40 STATE OF MICHIGAN. the provisions of this act shall be paid in like manner as are other expenses incurred by said boards in the discharge of other official duties. VILLAGES. [Extract from Act 3, P. A. 1895.] POWERS OF COUNCIL. Chapter VII. General (122) § 2769. Section 1. Every village subject to the provisions of this act, shall, in addition to such other powers as are [conferred] confirmed, have the general power and authority granted in this chapter, and the council may pass such ordinances in relation thereto as it may deem proper, namely : Third, To abate nuisances and preserve the public health; Thirteenth, To regulate or prohibit bathing in the rivers, ponds, streams and waters of the village; Nineteenth, To prevent the running at large of dogs, to require them to be muzzled, and to authorize their destruc- tion if found at large, in violation of any ordinance of the village. Public health. (123) § 2815. Sec. 47. The council of any village may enact all such ordinances as may be deemed necessary for the preservation and protection of the health of the inhabit- ants thereof, and to prevent the introduction of malignant, infectious, or contagious diseases within the village or within one mile thereof; and for the removal of persons having such diseases, or who, from exposure thereto, or otherwise, may be suspected or believed to be liable to communicate the same, either beyond the corporate limits, or to such hospital or place of treatment within the village as the council may prescribe and the public safety may require. SsTai and ( 124 ) §2820. Sec. 52. The council may provide for the treatm a ent n of appointment of the necessary officers and employes for the sick therein, management of the village hospital and for the care and treatment therein of such sick and diseased persons as to the council or board of health of the village shall seem proper; and by direction of the council or board, persons having any malignant, infectious, or contagious disease, may be removed to such hospital, and there detained and treated, when the public safety may so require; and the council may provide such restraints and punishments as may be neces- sary to prevent any such person from departing from such hospital until duly discharged. Board of (125) § 2821. Sec 53. The council shall have and exer- cise all the powers and authority conferred upon boards of health by the general laws of the state, so far as the same are applicable; and they may enact such ordinances as may LAWS RELATING TO PUBLIC HEALTH. >^>i»**#^ OF T H E be necessary for regulating the proceedings and mode o1 exercising such powers. • As to the powers and duties of the council as a board of public health, see Rae v. Flint, 51 / 526 ; Murray v. Grass Lake Village, 125 / 5. Itemizing claims by board of health. — Sawyer v. Manton Village, 145 / 272. (126) § 2822. Sec. 54. When the council shall deem it Mem. necessary, they may establish a board of health for the vil- lage, and appoint officers therefor, and make rules for its government, and invest it with such powers and authority as may be necessary for the protection and preservation of the health of the inhabitants. APPROPRIATION OF PRIVATE PROPERTY. Chapter XIII. (127) § 2910. Section 1. Private property may be taken Purposes for and appropriated for public use in any such village for the taken. may purpose of opening, widening, altering and extending streets, alleys and avenues; for the construction of bridges, for pub- lic buildings and for other public structures; for public grounds, parks, market places and spaces; for public wharves, docks, slips, basins and landings on navigable waters, and for the improvement of water courses; for sew- ers, drains and ditches, for public hospitals, pest houses, quarantine grounds and public cemeteries, and for other law- ful and necessary public uses. Am. 1903, Act 176. APPROPRIATION OF PRIVATE PROPERTY: See Const. XIII, 1, 2, 3. Also general law, sections 3392-3415, C L. 1897. SUMMONS : Notice to all parties interested is necessary. — Specht v. De- troit, 20 / 173 ; Paul v. Detroit, 32 / 116 ; Railroad Co. v. Detroit, 49 / 47 ; Houghton v. Mining Co., 57 / 547 ; Kundinger v. Saginaw, 59 / 360. SERVICE OF SUMMONS: Personal service should be made when it can be had. — Kundinger v. Saginaw, 59 / 361. Failure to make legal service upon all the parties interested is fatal to the proceedings. — Brush v. Detroit, 32 / 43 ; Osborne v. Detroit, 32 / 282 ; Specht v. Detroit, 20 / 173. And the record must show that legal notices have been given. — Gray v. Brockway Twp., 40 / 165. As to when parties voluntarily appear without service, see Railroad Co. v. Benham, 28/459. PUBLICATION : The common council must designate the paper in which the publication is to be made. — Powers' Appeal, 29 / 504. PROOF OF SERVICE : The return of the summons should show upon what particular person it was served, and whether the service was personal or by copy left at the residence. — People v. Highway Commissioners, 14 / 528. Legal proof of legal service must be made. — Powers' Appeal, 29 / 508. ASSESSMENT FOR BENEFITS: The separate assessment should be made against each parcel of land in the district. — Rentz v. Detroit, 48 / 544. The only theory on which the doctrine of charging the expense of public works on property benefited can be maintained is that, if local improvements can be conveniently paid for by local assessments, in this way in the long run the general public may be charged for the general result with a proximate equality. 'Any other theory of benefits involves the taking of private property for private use and is unfair and unauthorized. — Detroit v. Dailey, 68 / 510. The charge whether based upon supposed benefits or any other legal burden, must be spread over the taxing district according to some uniformly applied rule.— Id. 508. 42 STATE OF MICHIGAN. CITIES OF FOURTH CLASS. [Extract from Act 215, P. A. 1895.] GENERAL POWERS OF CITY CORPORATIONS. Chapter XI. General powers of city. Council may pass ordinances. Nuisances. May regulate inspection of meats. Construction of vaults, etc. Bathing. To provide for clearing rivers, ponds, etc. To abate nuisances in all shops, stores, houses, To regulate construction of cellars, privies. To prohibit use of toy pistols. To provide fountains, reservoirs. (128) § 3107. Section 1. Every city incorporated under the provisions of this act, shall, in addition to such other powers as are herein conferred, have the general powers and authority in this chapter mentioned; and the council may pass such ordinances in relation thereto, and for the exer- cise of the same, as they may deem proper, namely: Third, To prevent injury or annoyance from anything dan- gerous, offensive, or unhealthy; to prohibit and remove any- thing tending to cause or promote disease; to prevent and abate nuisances, and to punish those occasioning them, or neglecting or refusing to abate, discontinue or remove the same; Seventeenth, To provide for and regulate the inspection of meats, poultry, fish, butter, cheese, lard, vegetables, flour, meat and other provisions; Twentieth, To regulate the construction, repair and use of vaults, cisterns, areas, hydrants, pumps, sewers and gut- ters; Twenty-second, To regulate or prohibit bathing in the rivers, ponds, streams and waters of the city; Twenty-third, To provide for clearing the rivers, ponds, canals and streams of the city, and the races connected there- with, of all driftwood and noxious matter; to prohibit and prevent the depositing therein of any filth or other matter tending to render the waters thereof impure, unwholesome and offensive; Twenty-fourth, To compel the owner or occupant of any grocery, tallow chandler shop, soap or candy factory, butcher shop or stall, slaughter-house, stable, barn, privy, sewer, or other offensive, nauseous, or unwholesome place or house, to cleanse, remove or abate the same whenever the council shall deem it necessary for the health, comfort, or convenience of the inhabitants of the city; Twenty-sixth, To direct and regulate the construction of cellars, slips, barns, private drains, sinks and privies; Thirty-third, To prohibit and punish the use of toy pistols, sling shots and other dangerous toys or implements within the city; Thirty-sixth, To provide for, establish, regulate and pre- serve public fountains and reservoirs within the city, and such troughs and basins for watering animals as they may deem proper. LAWS RELATING TO PUBLIC HEALTH. 43 PUBLIC HEALTH. Chapter XIV. (129) § 3124. Section 1. The council of any city may c° a un £;{ a enact all such ordinances as may be deemed necessary for the SdmaSes preservation and protection of the health of the inhabitants pubiic^heaith. thereof, and to prevent the introduction of malignant, infecti- ous or contagious diseases within the city, or within one mile thereof : and for the removal of persons having such diseases, May provide ror rpmnvfll or who, from exposure thereto or otherwise, may be suspected of certain or believed to be liable to communicate the same, either be- P ersons - yond the city limits or to such hospital or place of treatment within the city as the council may prescribe, or the public safety may require. (130) § 3129. Sec 6. The council may purchase the nee- Hospitals, essary lands, and erect thereon, or otherwise provide one or p?ov¥de may more hospitals, pest houses or quarantine buildings, either within or without the city limits, and provide for the ap- pointment of the necessary officers, attendants or employes, for the care and management thereof, and for the care and treatment therein, of such sick and diseased persons as to the council or board of health of the city shall seem proper; and by direction of the council or board of health, persons Treatment of having any malignant, infectious or contagious disease, or contagious™ 8 who have been exposed to such disease, may be removed to diseases. such hospital, pest house or quarantine buildings, and there "detained and treated, when the public safety may so require; and the council may provide such restraints and punishments as may be necessary to prevent any such person from depart- ing from such hospital, pest house or quarantine grounds until duly discharged. (131) § 3130. Sec 7. The council of any city incorpor- council to ated under this act shall also have and exercise within and contorSTon for the city, all the powers and authority conferred upon ESSthby boards of health by chapter forty -six of the compiled laws general laws. of eighteen hundred and seventy-one, and all amendments thereto, being chapter thirty-nine of Howell's annotated stat- utes of the state of Michigan, so far as the same are applica- ble and consistent with this act; and they may enact such ordinances as may be proper for regulating the proceedings and mode of exercising such powers and authority. The chapter of C L. '71 referred to is sections 4410-59, C. L. 1897. See local boards of health, subdivisions one and two of this chapter. As to the powers of the council as a board of health, see Rae v. Flint, 51 / 526 ; Murray v. Grass Lake Village, 125 / 5. Itemizing claims by board of health. — Sawyer v. Manton Village, 145 / 272. (132) § 3131. Sec 8. The council, when deemed neces- Board of sary, may establish a board of health for the city and ap- ^dHsH be point the necessary officers thereof, and provide rules for its government, and invest it with such power and authority as may be necessary for the protection and preservation of 44 STATE OP MICHIGAN. Powers of. Penalty for violation of orders of. the health of the city ; and in addition thereto the board shall have and exercise all the powers and authority conferred on boards of health by the chapter of the compiled laws re- ferred to in the preceding section, so far as they may be ex- ercised consistently with the provisions of this act. And the council may prescribe penalties for the violation of any lawful order, rule or regulation made by the board of health, or any officer thereof. APPROPRIATION OP PRIVATE PROPERTY. Chapter XXV. Purposes for (133) § 3222. Section 1. Private property may be ap- pr h opert P y r m a ay propriated for public use in any city for the purpose of open- Be taken. } n g^ widening, altering or extending streets, alleys and avenues; for the construction of bridges, for public buildings and for other public structures, for public grounds, parks, market places and spaces; for public wharves, docks, slips, basins and landings on navigable waters, and for the im- provement of water courses; for sewers, drains and ditches; for public hospitals, pest houses, quarantine grounds and public cemeteries, and for other lawful and necessary public uses. Am. 1899, Act 136. See notes to compiler's section 127. LAWS RELATING TO PUBLIC HEALTH. 45 CHAPTEK III. DUTIES OF THE HEALTH OFFICER. HEALTH OFFICERS IN TOWNSHIPS. PREVENTION OF BLINDNESS IN HEALTH OFFICERS IN VILLAGES AND INFANTS. CITIES. REGISTRATION OF DEATHS. An Act to specify certain duties of health officers and provide for compensation therefor, in townships, cities, and villages where the health officer is not otherwise instructed by the local board of health. [Act 137, P. A. 1883.] The People of the State of Michigan enact: (134) § 4460. Section 1. That whenever the health Powers^and officer of any township, city, or village in this state shall re- health officers ceive reliable notice or shall otherwise have good reason to {£ dfsease? believe that there is within the township, city, or village of which he is the health officer, a case of smallpox, diphtheria, scarlet fever or other communicable disease dangerous to the public health, it shall be the duty of said health officer, un- less he is or shall have been instructed by the board of health, of which he is an executive officer, to do otherwise, immedi- ately to investigate the subject, and in behalf of the board of health, of which he is an executive officer, to order the prompt and thorough isolation of those sick or infected with such disease, so long as there is danger of their communicat- ing the disease to other persons ; to order the prompt vaccina- tion or isolation of persons who have been exposed to small- pox; to see that no person suffers for lack of nurses or other necessaries because of isolation for the public good; to give public notice of infected places by placard on the premises, and otherwise if necessary; to promptly notify teachers or superintendents of schools concerning families in which are contagious diseases; to supervise funerals of persons dead from scarlet fever, diphtheria, smallpox, or other communi- cable disease which endangers the public health; to disin- fect rooms, clothing, and premises, # and all articles likely to be infected, before allowing their use by persons other than those in isolation; to keep the president of his own board Must report to of health, and the secretary of the state board of health con- gaff board stantly informed respecting every outbreak of a. disease dan- of health. gerous to the public health, and of the facts so far as the same shall come to his knowledge, respecting sources of danger of any such diseased person or infected article being brought into or taken out of the township, city, or village of which he is the health officer. Where a health officer has been called in consultation by another physician 46 STATE OF MICHIGAN. to determine whether the patient is affected with a disease dangerous to the public health, he renders his services under this section and not section 67. He is entitled to compensation under section 136. — Browne v. Supervisors, 126/277. Liability of county for furniture destroyed. — Baar v. Ottawa Supervisors, 151 / 505. Provisions of general law. Penalty for violation. Compensation of health officers. Proviso. (135) § 4461. Sec. 2. In the absence of regulations con- flicting therewith, made and published by the local board of health, and still remaining in force, the provisions of section one of this act shall have the force of regulations made and published by the local board of health; and whoever shall knowingly violate the provisions of section one of this act, or the orders of the health officer made in accordance there- with, shall be deemed guilty of a misdemeanor, and upon con- viction thereof he shall be punished by a fine not exceeding one hundred dollars, and the costs of prosecution, or in de- fault of payment thereof, by imprisonment not exceeding ninety days in the county jail, in the discretion of the court. In townships, the health officer must report all such forfeitures to the super- visor. Section 9809, C. L. 1897. In cities and villages to prosecuting at- torneys. See section 137, this compilation. ,(136) § 4462. Sec. 3. In the fulfillment of the require- ments of this act, the health officer, unless other provision shall have been made in accordance with law, shall be en- titled to receive from the township/ city, or village of which he is health officer, compensation at the rate of not less than two dollars per day: Provided, That this section shall not be construed to conflict with any action by the local board of health, under section sixteen hundred and ninety-three, of the compiled laws of eighteen hundred and seventy-one, as amended by act number two hundred and two, of the laws of eighteen hundred and eighty-one. Section 1693 above referred to is section 54 of this compilation. See note to section 134. An Act relative to the duties of health officers in [of] cities and villages. [Act 157, P. A. 1879.] Health officer to notify prosecuting attorney of penalties incurred. What notice shall state. The People of the State of Michigan enact: (137) § 4464. Section* 1. That it shall be the duty of the health officer of each village and city in this state, when- ever he shall know, or have good reason to believe that any penalty or forfeiture has been incurred within his city or vil- lage, by reason of neglect to comply with section one thous- and seven hundred and thirty-four or section one thousand seven hundred and thirty-five of the compiled laws of eight- een hundred and seventy-one, forthwith to give notice there- of, in writing, to the prosecuting attorney of his county, which notice shall state, as near as may be, the time of such neglect, the name of the person incurring the penalty or for- LAWS RELATING TO PUBLIC HEALTH. 47 feiture, and, as near as can be ascertained, the name or names of persons sick with a disease dangerous to the public health, and not reported as the law requires. The sections referred to are sections 62 and 63. PREVENTION OF BLINDNESS IN INFANTS. An Act to provide for the prevention of blindness in the newly born by compelling midwives, nurses and others to report in writing to the local health officer any redness or inflammation occurring in the eyes of infants under two weeks of age, and to provide a penalty for the neglect of the same. [Act 43, P. A. 1895.] • The People of the State of Michigan enact: (138) § 4475. Section 1. That should one of both eyes Midwives and of an infant become inflamed or swollen, or reddened, or notffy health should any pus or secretion form in the eyes or upon the edge officer. of the lids, at any time within two weeks after birth, it shall be the duty of any midwife, nurse or other person having charge of such infant, to report in writing within six hours after discovery of such inflammation, redness or formation of pus, or secretion, to the local health officer or some legally qualified practitioner of medicine in the city, town or dis- trict in which such case shall occur, the fact that such in- flammation, swelling or redness or accumulation in the eyes exists. (139) § 4476. Sec. 2. Any failure to comply with the Penalty for provisions of this act shall be punished by a fine not to ex- aUure - ceed one hundred dollars or imprisonment not to exceed six months, or both such fine and imprisonment in the discretion of the court. REGISTRATION AND RETURN OF DEATHS. An Act to provide for the registration of deaths in Michigan and requiring certificates of death. [Act 217, P. A. 1897.] The People of the State of Michigan enact: (140) § 4614. Section 1. That the body of no person Burial permit whose death occurs in the state shall be interred, deposited by b c!erk ued in a vault or tomb or otherwise disposed of, or removed from the township, village or city in which the death occurred, until a permit for burial or removal shall have been properly issued by the clerk of the township, village or city in which the death occurs, who shall be the registrar of deaths : Pro- g™ viso in vided, That in cities that have, or shall institute, a system 48 STATE OP MICHIGAN. Who shal] obtain death certificates. Physicians to certify to cause of death. Proviso. of immediate registration of deaths by the board of health, the health officer or secretary of the board of health shall act as registrar of deaths under this act, in lieu of the city clerk, and shall in all respects conform to its provisions. (141) § 4615. Sec. 2. Whenever any person shall die, the undertaker, householder, relative, friend, manager of in- stitution, sexton or other person superintending the burial of said deceased person, shall cause a certificate of death to be filled out with all of the personal and family particulars required in section three of this act, and attested by the sig- nature of a relative or some competent person acquainted with the facts. The physician who attended the deceased person during his last illness shall fill out the medical certi- ficate of cause of death, which death certificate shall be de- livered to the registrar within the time designated, if any, by the local board of health. In case of death without the attendance of a physician, or if it shall appear probable that the deceased person came to his death by unlawful or sus- picious means, then the registrar shall refer the certificate to the health officer or coroner for immediate investigation and report prior to issuing the permit: Provided, That when the health officer is not a physician and only in such case, the registrar is authorized to insert the facts relating to the cause of death from statements of relatives or other compe- tent testimony. Upon the presentation of a certificate of death properly filled out and signed, the registrar shall issue a permit for the burial or removal of the body and shall immediately record the death in the register of deaths, numbering all certificates consecutively in the order in which they are received, beginning with number one for the first death that occurs in each year. In deaths from dangerous communicable diseases, burial or removal permits shall be granted by the registrar only in accordance with the rules of the local board of health and of the state board of health relating thereto. The sexton or other person having charge of the interment or final disposition of the body shall retain the burial permit when presented to him by the undertaker: Provided, That when a body is shipped the removal permit shall be presented by the undertaker or other person shipping the same to the agent of the transportation company, and shall be attached by him, with the transit permit, to the box containing the body, to accompany the same to destination, and no transit permit shall be issued or received by any transportation company for the shipment of a body unless accompanied by the registrar's removal permit. Deaths from dangerous communi- cable diseases Proviso. Am. 1901, Act 20. (142) § 4616. Sec. 3. The certificate of death shall con- tain the following facts concerning each decedent: Personal and First Part — Personal and family particulars: — Date of death, stating year, month and day; full name; sex; age, in family par- ticulars. LAWS RELATING TO PUBLIC HEALTH. 49 years, months and days, if known, or the approximate age if the exact age cannot be ascertained; color; whether single, married, widowed, or divorced; if married, age at first mar- riage, and parent of how many children, of whom how many are living; place of death, giving ward, street and number if in a city; birthplace (state or country if not born in Michi- gan) ; occupation; full names of both parents; birthplaces of both parents; proposed place and time of burial or place and route for removal of body; signature and address of reporter certifying to above facts; signature and address of under- taker. Second Part — Medical certificate of cause of death : — Name of Name of disease ; immediate cause of death, together with of S dS e th? a e u tc e contributory causes or complications, if any; duration of each cause; date last seen by medical attendant, or fact of no medical attendance; in violent deaths, statement whether death resulted from accident, suicide or homicide; whether a post-mortem was held and results thereof, signature and ad- dress of medical attendant, health officer or coroner certify- ing to cause of death : Provided further, Said certificate and Proviso in permit shall not be required before burial in townships where townshl P s - it is impracticable to obtain the same within a reasonable time after death, but in all such cases, said certificate shall be obtained within ten days after death. (143) § 4617. Sec. 4. Kegisters of deaths shall be sup- when to plied by the secretary of state to registrars for recording ^Sary certificates of death, together with all blanks required for of state - the execution of this act. On the fourth day of each month the registrar of each township, village and city shall prompt- ly transmit to the secretary of state, in an official envelope provided by the state and stamped with one full letter stamp, all the certificates of death filed in his office during the pro ceeding [preceding] calendar month, with a statement of the number of deaths so reported : Provided, That the regis- proviso in trars of cities, may in lieu of the original certificates of Clties - deaths transmit certified copies of the same to the secretary of state. If no deaths occurred, he shall make a return to that effect upon a postal card blank. The certificates of death returned to the secretary of state shall be permanently preserved, bound and indexed by him; the statistical data therein contained shall be compiled and published in the an- nual registration report, and monthly bulletins shall be is- sued showing the mortality of the state in detail, the preva- lence of important causes of death, and such other informa- tion as shall be of public interest and sanitary value. The To make registrar shall also send a transcript monthly to the clerk reponto of his county containing a record of all of the deaths entered count y clerk - upon his register during the preceding calendar month for entry upon the county record of deaths. All certificates of death, local registers or county records authorized under this 50 STATE OF MICHIGAN. act or certified copies thereof shall be prima facie evidence in all courts and for all purposes of the facts recorded therein. Duly filed certificates of death are admissible on the issue of the cause of death of the persons to whom they relate, though the physicians who made them are prohibited from testifying to the facts therein stated because ac- quired in their professional capacity. — Krapp v. Metropolitan Life Ins. Co., 143 / 369. Registrars' fee for re- cording deaths. Certificates, when and by whom certified. Proviso. Further proviso. (144) § 4618. Sec. 5. Each registrar of deaths shall re- ceive twenty-five cents for the proper record and return of each death to the secretary of state and the proper return of a transcript thereof to the clerk of the county in which his registration district is situated, which fee shall also cover the issuing of a burial or removal permit. The secretary of state shall certify to the clerk of each county annually the number of properly executed certificates of death received by him from each registrar in such county for the preceding- calendar year, which certified statements such county clerk shall compare with the transcript of deaths on file in his office, and if such transcripts shall be found to conform with such certified statements, such county clerk shall deliver such certified statements to the respective registrars entitled thereto, which certified statements shall be received by the treasurer of the county in which such registration districts are situated, and payment shall be made thereon in accord- ance with the rate fixed in this section: Provided, That the secretary of state shall not include in the number of certifi- cates certified for payment any imperfect certificates, or those not transmitted promptly as required by section four of this act: Provided further, That the registrars of cities having a population of ten thousand inhabitants or more by the last United States or state census, shall receive no com- pensation other than their salaries for the duties required by this act. Am. 1901, Act 209. Penalty for failure to per- form duty. (145) § 4619. Sec. 6. Any official failing or refusing to perform his duty under this act, or any undertaker violating any of its provisions, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than five dollars and not exceeding one hun- dred dollars, or be imprisoned in the county jail not exceed- ing thirty days, or suffer both fine and imprisonment at the discretion of the court. Local registrars shall see that the provisions of this act are enforced in their jurisdictions ; the secretary of state shall be charged with the general execution of the law and shall have supervisory power over registrars, to the end that this act shall be uniformly and effectual ly executed throughout the state. Prosecuting attorneys shall, upon the request of a local registrar or of the secretary of state, assist in the enforcement of the provisions of this act. LAWS RELATING TO PUBLIC HEALTH. 51 (146) § 4620. Sec. 7. All of the part of act number one Repealing hundred and ninety-four of eighteen hundred and sixty- clause ' seven, as amended by act number one hundred and twenty- five of eighteen sixty-nine, relating to the collection and re- turn of deaths and inconsistent with this act is hereby re- pealed: Provided, That the returns of deaths for the calen- dar year eighteen hundred and ninety-seven shall be duly collected and compiled under the provisions of said act : Provis0j local Provided further, That it shall be the duty of the local jjJJJ^ '* boards of health to see that the provisions of this act are enforced: Provided further, That in sparsely settled town- Proviso> ships, having an average density of population of less than g t a t r le ^ own . five persons per square mile at the time of the last preced- ships. ing United States or state census, burial permits shall not be required in advance of interment when impracticable to ob- tain them, but in all such cases the certificate of death shall be filed with the registrar at the earliest practicable moment, not to exceed ten days after death, and not later thun the fourth day of the following calendar month. * Am. 1901, Act 20 52 STATE OF MICHIGAN. CHAPTER IV. NUISANCES. IN TOWNSHIPS. DEAD ANIMALS. WATER CLOSETS AND PRIVIES. ARTESIAN AND FLOWING WELLS. OFFENSIVE TRADES. SLAUGHTER HOUSES. MEAT INSPECTION. IN VILLAGES. IN CITIES. PRIVATE NUISANCES. TOWNSHIPS. Board to ex- (147) § 4417. Sec. 8. The board of health shall examine nu?sanoes,°etc. * n to a ^ nuisances, sources of filth and causes of sickness that may, in their opinion, be injurious to the health of the in- habitants within their township, or in any vessel within any harbor or port of such township; and the same shall destroy, remove, or prevent, as the case may require. Proceedings if nuisance, etc., found on private prop- erty. When nuisance, etc. to be re- moved by board. Ronayne v. Loranger, 66 / 374. (148) § 4418. Sec. 9. Whenever any such nuisance, source of filth, or cause of sickness, shall be found on private property, the board of health shall order the owner or oc- cupant thereof, at his own expense, to remove the same with- in twenty-four hours; and if the owner or occupant shall neglect so to do, he shall forfeit a sum not exceeding one hundred dollars. Ronayne v. Loranger, 66 / 374. (149) § 4419. Sec. 10. If the owner or occupant shall not comply with such order of the board of health, such board may cause the said nuisance, source of filth, or cause of sickness, to be 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. Ronayne v. Loranger, 66 / 374. Court may (150) § 4420. Sec. 11. Whenever any person shall be removed IS 1106 convicted, on an indictment for a common nuisance that may be injurious to the public health, the court may, in its dis cretion, 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. Ballentine v. Webb, 84 / 48-9. This section taken by itself has no applica- tion to a city and its operation is impossible there. It is expressly confined to townships. — Shepard v. People, 40 / 489. An information must be precise in its allegations and clear in its statements of consequences to justify de- stroying property to remove the nuisance. — Id. 491. See section 60 relative to the powers and duties of the council of villages and cities having no organized board of health. certain cases. LAWS RELATING TO PUBLIC HEALTH. 53 (151) § 4421. Sec. 12. Whenever the board of health Proceedings, shall think it necessary, for the preservation of the lives or Jince of Toard health of the inhabitants, to enter any building or vessel in lessens 1 " 115 ° r their township, for the purpose of examining into and de- refused. stroying, 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 jus- tice be a member of such board or not, stating the facts of the case, so far as he has knowledge thereof. (152) § 4422. Sec. 13. Such justice may thereupon idem. issue a warrant, 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, re- move or prevent, under the direction of such members of the board of health. (153) § 4423. Sec. 14. The board of health may grant Board may permits for the removal of any nuisance, infected article, Sf ^infected" or sick person, within the limits of their township, when articles, they shall think it safe and proper so to do. DEAD ANIMALS. An Act to provide against nuisances. [Act 70, S. L. 1867.] The People of the State of Michigan enact: (154) § 11432. Section 1. That if any person or per- Burial of dead sons shall put any dead animal or part of the carcass of any ammals - dead animal, into any lake, river, creek, pond, road, street, alley, lane, lot, field, meadow or common, or in any place within one mile of the residence of any person or persons, except the same and every part thereof be buried at least two feet under ground, and if the owner or owners thereof shall knowingly permit the same to remain in any of the aforesaid places, to the injury of the health, or to the annoyance of the citizens of this state, or any of them, every person so offend- Penalty for ing shall be deemed guilty of a misdemeanor, and upon con- neglect - viction thereof shall forfeit and pay a sum not less than five dollars nor more than ten dollars, together with the costs of prosecution, and in default in the payment thereof, shall be imprisoned in the county jail of the county in which such conviction may be had, not exceeding ten days, to be imposed by any court of competent jurisdiction ; and every twenty- Additional four hours said owner may permit the same to remain after offense - such conviction, shall be deemed an additional offense against 54 STATE OF MICHIGAN. the provisions of this act, and upon conviction thereof shall Penalty. forfeit and pay a further sum of not less than ten dollars and not more than thirty dollars, together with the costs of prosecution, to be recovered as aforesaid, and in default in the payment thereof, be imprisoned as aforesaid not more than thirty days, or be punished by both such fine and im- prisonment, in the discretion of the court. WATER CLOSETS AND PRIVIES. An Act to enlarge the powers of boards of health of townships and villages in certain cases. [Act 136, P. A. 1881.] The People of the State of Michigan enact: Powers of boards in townships and villages. Penalty for violation. (155) § 4466. Section 1. That boards of health in town- ships and villages are hereby empowered to make such rules and regulations in relation to the care and cleansing of privies and water closets within such townships or villages as they may deem desirable for the preservation of the health of any of the inhabitants thereof, or such boards may de- clare any such privy or water closet a nuisance, and the abatement thereof be by them ordered and enforced. (156) § 4467. Sec. 2. Any violation of any rule or re- quirement of such board under this act shall be deemed to be a misdemeanor, and shall be punished by a fine not more than ten dollars or imprisonment in the county jail not more than ten days, or both such fine and imprisonment, in the discretion of the court. REGULATION OF ARTESIAN AND OTHER WELLS. An Act to regulate the use of artesian and other wells; to prevent the waste of waters therefrom, and provide a remedy therefor. [Act 107, P. A. 1905.] The People of the State of Michigan enact: Nuisance, what deemed, Who liable. (157) Section 1. Any artesian or flowing well, the water of which is unnecessarily allowed to run to waste in an un- reasonable manner to the depletion or lowering of the head or reservoir thereof to the detriment or damage of other wells supplied from the same head or reservoir, shall be deemed a nuisance, and its owner and the owner of the land on which it is situated shall be subject to all the actions for abatement and damages in favor of the person or persons injured that are or may be provided by law for other nuis- ances or tortious acts LAWS RELATING TO PUBLIC HEALTH. 55 (158) Sec. 2. Where any well is supplied by a head, res- unreasonable ervoir, stratuni, or vein or by percolating waters common to easaryu*? other springs or wells, and the owner thereof or his lessee or licensee puts its waters to a use unreasonable or unneces- sary, in view of the condition and situation of the land on which it is situated, and through such unreasonable or un- necessary use, lowers or depletes the head, pressure, or sup- ply of water of any spring or well dependent on the same head, vein, or stratum, to the detriment or injury of the owner or any person entitled to the use thereof, the well so unreasonably and unnecessarily used, shall be deemed to be a nuisance, and its owner and the owner of the land on who liable. which it is situated shall be subject to all the actions for abatement and damages in favor of the person or persons injured, that are or may be provided by law for other nuis- ances or tortious acts. (159) Sec. 3. Where any decree is rendered under this Decree, what act declaring any well a. nuisance because of the waste or t0 speci y * unreasonable use of its waters and directing the abatement thereof, such decree shall specify in some practicable manner the daily amount or volume of water that may be used or allowed to flow therefrom without violating such decree, and specify such reasonable time as to the court shall seem just within which the provisions thereof shall be carried into effect: Provided, That any such decree may be reopened at any time after entry on the question of reasonable use on a proper showing of change of circumstances or other equit- able reason therefor. OFFENSIVE TRADES. [R. S. 1846, Ch. 35.] (160) § 4456. Sec. 46. The township board of every pi ac es may be township, the president and trustees, or council, of every joying n r village, and the mayor and aldermen of every city, respect- offensive ively, when they shall judge it necessary, shall, from time to trades - time, assign certain places for the 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. People v. White L»ead Works, 82 / 477. (161) § 4457. Sec. 47. When any place or building so when places assigned shall become a nuisance by' reason of offensive become a smells or exhalations proceeding therefrom, or shall become assignment otherwise hurtful or dangerous to the neighborhood, or to voUdfetc". travelers, and the same shall be made to appear on a trial, 56 STATE OF MICHIGAN. or the admission of the person exercising such trade or em- ployment, before the, circuit court for the county, upon a complaint made by the board of health, or by any other per- son, 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. (162) § 4458. 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 gen- eral issue, and give any special matter in evidence. Action on the case for damages. Ronayne v. Loranger, 66 / 374. SLAUGHTER HOUSES. An Act to require adequate water supply, sewerage and drainage to all slaughter houses in or within one mile of any city, park or highway, and to provide a penalty for violation of the provisions of this act. [Act 97, P. A. 1901.] The People of the State of Michigan enact: Water supply within cer- tain limits. Disposal of refuse. Penalty. (163) Section 1. That from and after the time when this act shall take effect it shall not be lawful for any person or corporation, its officers or agents, to keep or maintain in any city or within one mile of the limits of any city or park, or within thirty rods of any highway or street car line, any slaughter-house, slaughter-yard or slaughter-pen or any other place for slaughtering or killing any animals, or for render- ing dead animals, except such place as shall be supplied with an adequate supply of water for daily and constant flushing and purifying of the place, and with adequate sewerage and drainage for the speedy removal of all blood and other fluid refuse from such slaughtering, killing or rendering. (164) Sec. 2. It shall not be lawful for any person or corporation, its officers or agents in charge of any slaughter- house, slaughter-yard or slaughter-pen in or within one mile of any city or park, or within thirty rods of any highway or street car line, to so dispose of any offal, heads, horns, hides or other portions of any dead animal as to be a nui- sance, or contrary to the rules of the local board of health. (165) Sec 3. Whoever violates a provision of this act shall, on conviction, be deemed to be guilty of a misdemeanor, and shall be fined a sum not exceeding one hundred dollars and costs of prosecution, and in default of payment of such penalty shall be imprisoned in the county jail not exceeding sixty days. LAWS RELATING TO PUBLIC HEALTH. 57 MEAT INSPECTION. An Act to provide for the inspection of animals intended for meat supplies, and of meat intended for consumption in cities, villages and townships; to regulate slaughter-houses and meat markets; to license the sale of meats in cities, villages and townships, to pro- vide for public abattoirs therein and to regulate the use thereof. [Act 120, P. A. 1903.] The People of the State of Michigan enact: (166) Section 1. Any city or village in this state may Appointment appoint an inspector or inspectors of animals and meat sup- tora° S etc!~ plies intended for human consumption therein, license the sale thereof, provide for the regulation of slaughter-houses wherein such animals intended for use as human food in such city or village are slaughtered, and the markets and places where meat intended for consumption as human food is kept or offered for sale within such city or village, the vehicle in which such meat is transported, or from which same is sold, offered for sale or disposed of for said purpose; and cause to be erected and maintained a public abattoir therein and regulate the use thereof. (167) Sec. 2. No person or persons shall vend or offer when to have for sale in any city or village having an inspector of meats as provided by this act, any meat intended for human con- sumption, whether slaughtered within such city or village or elsewhere, unless licensed so to do by the board of health of such city or village. Any person or persons desiring so to do may apply to the board of health of such city or village for a license; but the clerk shall not issue same until the ap- statement, plicant therefor presents a statement in writing signed by contain. him which shall state fully and explicitly: (a) The name and residence of said applicant. (b) The exact location or place from which said appli- cant obtains his meats, whether slaughtered by himself in whole or in part. (c) The manner in which said applicant intends to dis- pose of his meats when licensed. (d) A written consent granting permission to the meat inspector, the health officer or his representative, or any member of the board of health, the mayor or any alderman of said city, or the president and trustees of said village free and open access to the slaughter-house in which he proposes to slaughter and the market or vehicle owned, leased or oc- cupied by him from which his meat is sold, for the purpose of making inspection of the said premises, market or vehicle. Blanks for such applications shall be furnished by the clerk. Each applicant for a license shall also stipulate in writing Further that he will faithfully conform and cause the slaughter-house, statement - market or vehicle owned, leased or occupied by him to com- 8 58 STATE OF MICHIGAN. When clerk issue license. ply in all respects with the requirements of the ordinance of said city or village enacted under the provisions of this act, and pay such license fee as shall be prescribed therein. The city or village clerk shall not issue any such license until the meat inspector shall have examined into the sanitary condition and cleanliness of the slaughter-house to be used by the applicant, or the market where his meat is to be sold, or the vehicle in which it is to be transported or from which it is to be sold or offered for sale, and shall certify that same comply with the requirements of the ordinance in force there- in. The mayor of said city or president of said village may at any time revoke and suspend any license issued pursuant thereto if, upon investigation and report of the meat in- spector and after hearing the holder of such license sum- marily, he shall find the condition of the slaughter-house where meat is slaughtered, or the market or vehicle or the meat offered for sale to be in violation of the provisions of said ordinance filthy or detrimental to the public health; which revocation shall continue until such person shall have fully complied with the requirements of this act and the provisions of the said ordinance. This section shall apply to slaughter-houses whether situated within or without the city or village limits. Who may revoke. For an act to prevent the sale of any unwholesome, stale, emaciated, brown or putrid meat or undrawn or imperfectly dressed poultry in Grand Rapids, see Act 677, L. A. 1907. When to regulate in- spection by ordinance. When to appoint inspector. Term of office. To report violations. (168) Sec. 3. Each city or village having a meat in- spector under the provisions of this act shall establish by or- dinance such tests and requirements in conformity herewith as are necessary for the purpose of excluding from within its limits for sale or use as human food any diseased or un- wholesome meat, meat which has been prepared, dressed or stored in an unsanitary or filthy place, or handled or trans- ported in an unsanitary or filthy manner; and each city or village shall authorize and empower its inspector or in- spectors to enforce such tests and requirements, and shall provide and enforce suitable penalties for the violation of any provisions of such ordinance. (169) Sec. 4. Any city or village having enacted an or- dinance under the provisions of this act shall immediately appoint a person qualified by education and experience to properly perform the duties of the office of inspector, who shall hold his office for one year and until his successor is appointed and qualified, and such deputies with like qualifi- cations as may be necessary, who shall hold office for a like term; and such inspector and all deputy inspectors shall take an oath of office to faithfully and impartially discharge all the duties thereof. The inspector shall promptly report to the city or village attorney, or to the proper prosecuting officer for prosecution every violation of the ordinance in force in such city or village under the provisions of this act, LAWS RELATING TO PUBLIC HEALTH. 59 and shall also report to the board of health of said city or village, at least monthly, in detail, all inspections made by him and all violations of said ordinance. (170) Sec. 5. Any city or village having enacted an ordi- Requirements nance under the provisions of this act shall specify the fol- houses. lowing requirements for all slaughter-houses within its limits : (a) No slaughtering shall be done in barns, sheds, or other building not designed and not suitable for slaughter- ing animals and for the handling, dressing and cooling of meats; nor shall any slaughtering be done outside of a build- ing. (b) All slaughter-houses shall have an abundant supply of water from a well or other source which is not contami- nated from the slaughter-house or surrounding pens or en- closures, or any part of the premises; and which may be ap- plied with adequate pressure through a hose to any part of the room or rooms used for the purpose of slaughtering or preparing meats for consumption as human food. (c) All slaughter-houses shall have suitable floors and sub-drainage with proper sewer connections, which floors shall be thoroughly washed off each day after the slaughter- ing is completed. (d) The walls and all exposed surfaces on the inside of slaughter-houses shall be cleansed by washing or scraping as often as once in each month, and if the surfaces are not painted they shall be calcimined or whitewashed at least once a month. (e) Cooling and store rooms for meat shall be properly ventilated. (f ) All offal and refuse shall be removed from the slaugh- ter-house on the day of slaughtering, and disposed of in a de- cent and sanitary manner. (g) All animals kept in yards attached to slaughter- houses shall be treated in a humane manner, and, if kept there over twelve hours, shall be fed and watered. (h) All pens or enclosures connected with any slaughter- house shall be kept in a proper sanitary condition. (171) Sec. 6. Any city or village having a meat inspector Failure to under the provisions of this act shall refuse to permit to be oStsfde limits, brought within its limits to be sold or offered for sale therein any meat from any slaughter-house situated outside its limits whose owner, lessee or occupant has not conformed to the re- quirements specified in section five of this act, and the pro- visions of the ordinance enacted by said city or village pur- suant to this act and in force therein. (172) Sec. 7. Any city or village having an inspector Salary of under the provisions of this act shall appropriate out of its howled, general funds such sums of money as shall be deemed proper for the salary of the inspector and his deputies ; and in addi- Fees. tion thereto, may apply the license fee and any fees accru- 60 STATE OF MICHIGAN. ing from the inspections of animals and meats, to be paid thereunder for that purpose, or require said fees to be cov- ered into the city or village treasury. (173) Sec. 8. All deputy inspectors- shall have the same powers and perform all the duties devolving upon the in- spector under his direction and superintendence, except that they shall make all reports required by this act to the in- spector, by whom same shall be reported as hereinbefore provided. (174) Sec. 9. All meat which has been inspected by fed- eral authority shall not be subject to local inspection, except as to the market, vehicle or place at or from which it is sold or offered for sale and as to changes, decomposition, etc. (175) Sec. 10. In all prosecutions for violation of any ordinance enacted pursuant to this act, the fact that any meat is found in any slaughter-house, market or vehicle with- in such city or village shall be presumptive evidence that the same was intended for use as human food. (176) Sec. 11. No slaughter-house shall be established or maintained nearer to the limits of any city or village than is prescribed by the law in this state: Provided, however, Any city or village having enacted and in force, an ordinance pursuant to this act may cause to be erected and maintain a public abattoir in which all animals intended for human food within said city or village may be slaughtered, regulate the use thereof, and the terms upon which same may be used : Provided, further, That nothing in this act shall be construed to prevent any farmer from killing, dressing and selling, in the open market, unless diseased, any animal or fowl in- tended for food that he has raised, fed or slaughtered, nor any dealer or merchant from buying or selling the same. Powers and duties of deputies. When meat not subject inspection. Evidence in prosecution. When may establish slaughter houses. Proviso. Further proviso. VILLAGES. [Extract from Act 3, 1895.] Power to abate nuis- ances. (177) § 2816. Sec 48. The council shall have power to prevent and remove or abate all nuisances dangerous to life or health within the village; and may require any person, corporation or company causing such nuisance, and the owner or occupant of any lot or premises upon or in which any such nuisance or cause of disease may be found, to re- move or abate the same upon such notice, and within such time and in such manner as the council may by ordinance or resolution direct. NUISANCES : The question of whether anything is a public nuisance or not Is one depending upon the particular facts. — People v. Carpenter, 1 / 273 ; Crlppen v. People, 8/117; Clark v. Ice Co., 24/508; "City of Erie" v. Canfleld, 27 / 479. Declaring a thing to be a nuisance does not make It so, if not so in fact. — Horn v. People, 26/226; St. Johns v. McFarlan, 33/74. The council cannot determine what is a nuisance; that is a question for the courts. — Everett v. Marquette, 53 / 452. That which is permitted by com- petent authority Is not a nuisance. — G. R. & I. R. R. Co. v. Helsel, 38/62; Chope v. Plank Road Co., 37 / 195 ; Att'y Gen. v. Boom Co., 34 / 462. A pub- LAWS RELATING TO PUBLIC HEALTH. 61 lie nuisance must be something that subjects the people to inconvenience or annoyance. — People v. Carpenter, 1 / 273 ; Clark v. Ice Co., 24 / 508 ; Att'y Gen. v. Boom Co., 34 / 462. A city ordinance prohibiting the creation or maintenance of a nuisance is not invalid or unconstitutional because the general statutes of the state provide for the conviction and punishment of those guilty of the like offense. — People v. White Lead Works. 82 / 471 ; People v. Hanrahan, 75 / 611. See Flaherty v. Moran, 81 / 52 ; Kuzniak v. Kozminski, 107/444. (178) § 2817. Sec. 49. If any cellar, vault, lot, sewer, Cellars, vaults, drain, place or premises within the village, shall be damp, S W nuisa e nces. unwholesome, offensive or filthy, or be covered during any portion of the year with stagnant or impure water, or shall be in such condition as to produce offensive exhalations, the council may cause the same to be drained, filled up, cleansed or purified; or may require the owner or occupant, or person in charge of such lot, premises or place, to perform such duty; and may require the owner or occupant of any build- ing, fence or structure which may be ruinous, or liable to fall and injure persons or property, to pull down or remove the same, or the council may cause the same to be done by any officer of the village. (179) § 2818. Sec. 50. If the owner or occupant of any Expense for lot or premises, when required by the council or board of removaL health to remove any unsafe building or structure, or to cleanse, purify or drain such lot or premises, or to abate or remove any nuisance therefrom, shall neglect so to do, and the council shall incur any expense in causing the same to be done, such expense may be charged upon such lot or premises, and collected as a special assessment thereon; or such ex- pense may be recovered by the village in an action of debt or assumpsit against the owner or occupant of any such lot or premises. (180) § 2819. Sec. 51. The council, when they shall Offensive deem it necessary, may from time to time assign, by ordi- occupations, nance, certain places for the exercise of any trade or em- {JJJSJf 1 10 ployment offensive to the inhabitants, or dangerous to the public health; and may forbid the exercise thereof in places not so assigned; and may change or revoke such assignments at pleasure; and whenever a business carried on in any place so assigned or in any other place in the village, shall be- come hurtful and dangerous to the health of the neighbor- hood, the council may prohibit the further exercise of such business or employment at such place. MARKETS. (181) § 2809. Sec. 41. The council of any village shall Markets and have the power to establish and regulate markets and market Stabn4h- laces ' places, for the sale of meats, fish, vegetables, and other pro- ment of - visions and articles necessary for the sustenance and conveni- ence of the inhabitants; to prescribe the times for opening and closing the same; the kind and description of articles 62 STATE OP MICHIGAN. which may be sold ; and the stands and places to be occupied by the venders. MARKET PLACES : Market places in large towns are a convenience, if not an absolute necessity, and their establishment is an act of legislation. A city has a right to establish and maintain a public market on premises duly condemned for that purpose, even though it be an incidental consequence that market wagons collect in the neighborhood and, to some extent obstruct the streets. — Henkel v. Detroit, 49 / 258. A municipal corporation, possessing the usual charter powers, may provide itself with a proper market building, either by renting, buying or erecting the same. — Gale v. Kalamazoo, 23 / 351. The occupation of land by a city for market purposes is In no sense an easement. It is a proprietary occupation, as much as if a private owner and not the city had so occupied it. — Cooper v. Detroit, 42 / 589. Markets are as old as civilization, and public market places have in many countries been identified with the most important events in their history. The purpose of markets has always been to secure to all persons the privileges and con- veniences arising from a general concourse of buyers and sellers. One main object is to enable producers to meet consumers of the usual necessaries of life directly, and without the interference of middle-men. — Att'y Gen. v. Detroit, 71 / 100. A city may be authorized to impose a license upon markets. — Ash v. People, 11 / 347. Unsound meats, etc., sale of pro- hibited. (182) § 2810. Sec. 42. The council may adopt and en- force such regulations as may be necessary to prevent fraud and to preserve order in the markets; and may authorize the immediate arrest, and removal from the market, of any per- son violating such regulations, together with any article in his possession; and may authorize the seizure and destruc- tion of tainted or unsound meats, or other provisions ex- posed for sale therein, or elsewhere in the village. SEWERS' AND DRAINS. construction (183) § 2797. Sec 29. Whenever the council shall deem d£ainsT ate it necessary for the public health, they may require the own- ers and occupants of lots and premises to construct private drains therefrom to connect with some public sewer or drain, and thereby to drain such lots and premises ; and to keep such private drains in repair and free from obstruction and nuisance; and if such private drains are not constructed and maintained according to such requirement, the council may cause the work to be done at the expense of such owner or occupant, and the amount of such expense shall be a lien upon the premises drained, and may be collected by special assessment to be levied thereon. CITIES. [Extract from Act 215, P. A. 1895.] PUBLIC HEALTH. Chapter XIV. council has (184) § 3125. Sec. 2. The council shall have power to abatcfaii prevent and remove or abate all nuisances dangerous to life nuisances. or health within the city ; and may require any person, cor- poration or company, causing such nuisance, and the owner LAWS RELATING TO PUBLIC HEALTH. 63 or occupant of any lot or premises upon or in which any such nuisance or cause of disease may be found, to remove or abate the same, upon such notice, and within such time, and in such manner as the council may by ordinance or resolu- tion direct. See notes to ■section 177. (185) § 3126. Sec. 3. If any cellar, vault, lot, sewer, Cellars, drain, place, or premises within the city shall be damp, un- 153 filthy wholesome, offensive or filthy, or be covered during any por- P laces - tion of the year with stagnant or impure water, or shall be in such condition as to produce unwholesome or offensive ex- halations, the council may cause the same to be drained, Owner or oc- filled up, cleaned, amended or purified ; or may require the requ£eoUo y be owner or occupant, or person in charge of such lot, premises jgJJ down or place, to perform such duty and may require the owner buildings. or occupant of any building, fence or structure, which may be dangerous or liable to fall and injure persons or prop- erty, to pull down or remove the same; or the council may cause the same to be done by the proper officers of the city. (186) § 3127. Sec. 4. If any person, corporation or com- Recovery pany shall neglect to remove or abate any nuisance, or to per- Jj IbE! form any requirement made by or in accordance with any nuisances. ordinance or resolution of the council, or by the board of health of the city, for the protection of the health of the in- habitants, and if any expense shall be incurred by the city in removing or abating such nuisance, or in causing such duty or requirement to be performed, such expense may be recovered by the city in an action of debt or assumpsit against such person, corporation or company. And in all Expense of, cases where the city shall incur any expenses for draining, Sed against filling, cleansing or purifying any lot, place or premises, or property. for removing any unsafe building or structure, or for re- moving or abating any nuisance found upon any such lot or premises, the council may, in addition to all other reme- dies provided for the recovery of such expense, charge the same, or such part thereof as they shall deem proper, upon the lot or premises upon or on' account of which such ex- pense was incurred, or from which such nuisance was re- moved or abated, and cause the same to be assessed upon such lot or premises and collected as a special assessment. (187) § 3128. Sec. 5. The council, when they shall deem Location of it necessary, may from time to time assign, by ordinance, cer- sfve a trades en tain places within the city for the exercising of any trade or employment offensive to the inhabitants or dangerous to the public health; and may forbid the exercise thereof in places not so assigned and may change or revoke such assignments at pleasure ; and whenever a business, carried on in any place so assigned, or in any other place in the city, shall become hurtful and dangerous to the health of the neighborhood, the council may prohibit the further exercise of such business or employment at such place. 64 STATE OF MICHIGAN. PRIVATE DRAINS. Chapfer XXI. council may (188) § 3166. Sec. 12. Whenever the council shall deem vatfdrain? r for it necessary for the public health, they may require the own- f ers and occupants of lots and premises to construct private public health. Expense to be a lien on premises. drains therefrom to connect with some public sewer or drain, and thereby to drain such lots and premises; and to keep such private drains in repair and free from obstruction and nuisance; and if such private drains are not constructed and maintained according to such requirement, the council may cause the work to be done at the expense of such owner or occupant, and the amount of such expense shall be a lien upon the premises drained, and may be collected by special assessment to be levied thereon in the manner hereinafter provided for the levying and collecting of special assess- ments. MARKETS. Chapter XIX. Regulation of markets. To preserve order in markets. Seizure of unsound meats. (189) § 3150. Section 1. The council of any city shall have the power to erect market houses, establish and regu- late markets and market places for the sale of meats, fish, vegetables and other provisions and articles necessary to the sustenance, convenience and comfort of the inhabitants; to prescribe the time for opening and closing the same; the kind and description of articles which may be sold; and the stands and places to be occupied by the venders. (190) § 3151. Sec. 2. The council may adopt and en- force such rules and regulations as may be necessary to pre- vent fraud, and to preserve order in the markets; and may authorize the immediate seizure, arrest and removal from the market of any person violating its regulations, together with any articles in his or their possession ; and may authorize the seizure and destruction of tainted or unsound meats, or other unwholesome provisions exposed for sale therein. Chapter XXII. (191) § 3186. Sec. 14. The council may regulate the use To regulate ii^higliways^" of the public highways, streets, avenues and alleys of the city, streets, etc. subject to the right of travel and passage therein. Thev shall have authority to prescribe the stands for all vehicles kept for hire, or designate the places where loads o£ wood, coal, hay and other articles may stand for sale; to regulate traffic and sales in the streets and upon sidewalks; to regu- late or prohibit the display, use or placing of signs, adver- tisements and banners, awning posts and telegraph, tele- phone or light poles and wires in or over the streets; to pro- hibit immoderate riding and driving in the streets or over LAWS RELATING TO PUBLIC HEALTH. 65 bridges; to regulate or prohibit all such sports, amusements, proceedings and gathering of crowds in the streets as may interfere with the lawful use thereof, or render travel or pas- sage therein inconvenient or unsafe ; to prohibit and prevent To prevent the running at large of beasts and fowls in the streets or farge'of beast, elsewhere in the city, and to impose penalties upon the own- fowl - etc - ers or keepers thereof permitting the same; to cleanse and Abate purify the streets ; and to prohibit, prevent, remove and abate nuisances - all nuisances therein, and to require the authors and main- tainers thereof to remove the same and to punish them ; and Enforce police regu- generally to prescribe and enforce all such police regula lations. tions over and in respect to the public streets, as may be necessary to secure good order and safety to persons and property in the lawful use thereof; and to promote the gen- eral welfare; and in addition to all other powers herein granted, the council shall have the same authority and pow- ers over and in respect to the public streets of the city, as are conferred by law upon highway commissioners in town- ships. Fix v. Sissung, 83/563. PRIVATE NUISANCES. [R. S. 1846, Ch. 112.] (192) § 11209. Section 1. In actions on the case for a Judgment in private nuisance, when the plaintiff prevails, he shall, in n uVsance. r addition to the usual judgment for damages and costs, also have judgment that the nuisance be abated and removed, un- less the justice holding the circuit court at which any issue of fact joined therein shall be tried shall certify in the min- utes of such trial, that the abatement thereof is unnecessary. (193) § 11210. Sec. 2. In case of a judgment that the Execution nuisance be abated and removed, the plaintiff shall have ex- and warrant - ecution in the common form for his damages and costs, and a separate warrant to the proper officer, requiring him to abate and remove the nuisance, at the expense of the de- fendant, in like manner as public and common nuisances are abated and removed. (194) § 11211. Sec. 3. The court may, on the applica- how war- tion of the defendant, order a stay of such warrant for such {J^^S time as may be necessary, not exceeding six months, to give him an opportunity to remove the nuisance, upon his giving satisfactory security to do so within the time specified in the order. (195) § 11212. Sec 4. The expense of abating and re- Expense, moving the nuisance pursuant to such warrant, shall be col- J^Ted? 1 " lected by the officer in the same manner as damages and costs are collected upon execution, excepting that the mater- ials of any buildings, fences, or other things that may be removed as a nuisance, may be sold by the officer, in like 9 66 STATE OF MICHIGAN. manner as goods are sold on execution for the payment of debts; and the officer may apply the proceeds of such sale to defray the expenses of the removal, and shall pay over the balance thereof, if any, to the defendant upon demand; and if the proceeds of the sale are not sufficient to defray the said expenses, he shall collect the residue thereof as be- fore provided. Equity (196) § 11213. Sec. 5. The circuit court for any county jurisdiction, shall have equity jurisdiction in all matters concerning nuis- ances, where there is not a plain, adequate and complete remedy at Jaw, and may grant injunctions to stay or prevent nuisances. LAWS RELATING TO PUBLIC HEALTH. 67 CHAPTER V. CEMETERIES. An Act to authorize the boards of health of the several townships of this state to acquire and enlarge burying grounds and approaches thereto in their respective townships and to provide the manner of acquiring private property for such purpose. [Act 272, P. A. 1909.] The People of the State of Michigan enact: (197) Section 1. The boards of health of the several when board townships of this state, whenever they may deem it desirable King ™ and necessary, may provide new burying grounds in their re- grounds - spective townships, or may enlarge the limits of any exist- ing burying grounds therein, and may provide for suitable approaches thereto, or may enlarge the limits of any exist- ing approach to any burying ground in said township; and, Compensation, in case said board of health shall be unable to agree with the owner or owners of any land or any rights therein which J*™^ said board of health desire to include within the limits of such burying ground or approaches thereto, as to the com- pensation to be paid therefor, said board of health may au- thorize one or more of its members to apply to the circuit judge or any circuit court commissioner of said county, or to any justice of the peace of said township for a jury of the vicinage to ascertain and determine the just compensa- tion to be paid for the real estate acquired by said board of health for said burying ground or approaches thereto, or any enlargement thereof, and the necessity for using the same; which application shall be in writing and shall describe the real estate required by such board as accurately as is re- quired in a conveyance of real estate. (198) Sec. 2. It shall be the duty of such circuit judge, summoning circuit court commissioner, or justice of the peace, upon such of jury - application being made to him, to issue a summons or venire, directed to the sheriff or any constable of the county, com- manding him to summon eighteen freeholders residing within the vicinity of such site, who are in no wise of kin to the owner of such real estate, and not interested therein, to appear before such judge, commissioner, or justice at the time and place therein named, not less than twenty nor more than fifty days from the time of issuing such sum- mons or venire, as a jury to ascertain and determine the Purpose, just compensation to be made for the real estate required by such board of health for burying ground purposes, and the necessity for using the same, and to notify the owner or occupant of such real estate, if he can be found in the 68 STATE OF MICHIGAN. Notice, when served. Board to «ive pre- vious notice. Publication of. county, of the time when and the place where such jury is summoned to appear, and the object for which such jury is summoned; which notice shall be served at least ten days before the time specified in such summons or venire for the jury to appear as hereinbefore mentioned. (199) Sec. 3. Thirty days previous notice of the time when and the place where such jury will assemble shall be given by the board of health of such township, where the owner or owners of such real estate shall be unknown, non- residents of the county, minors, insane, non compos mentis, or inmates of any prison, by publishing the same in a news- paper published in the county where such real estate is sit- uated; or if there be no newspaper published in such county, then in some newspaper published in the nearest county where a newspaper is published, once in each week for four successive weeks, which notice shall be signed by the board of health or by the township clerk of such township, and shall describe the real estate required for such burying ground, and state the time when and place where such, jury will assemble, and the object for which they will assemble; or such notice may be served on such owner personally, or by leaving a copy thereof at his last place of residence. (200) Sec. 4. It shall be the duty of such judge, com- missioner, or justice, and of the persons summoned as jurors, as hereinbefore provided, and of the sheriff or constable summoning them, to attend at the time and place specified in such summons or venire; and the officer who summoned the jury shall return such summons or venire to the officer who issued the same, with the names of the persons sum- moned by him as jurors, and shall certify the manner of notifying the owner or owners of such real estate, if he was found; and if he could not be found in said county, he shall certify that fact. Either party may challenge any of the said jurors for the same causes as in civil action. If more than twelve of said jurors in attendance shall be found qualified to serve as jurors, the officer in attendance, and who issued the summons or venire for such jury, shall strike from the list of jurors a number sufficient to reduce the number of jurors in attendance to twelve; and in case less than twelve of the number so summoned as jurors shall attend, the sheriff or constable shall summon a sufficient number of freeholders to make up the number of twelve; and the officer issuing the summons or venire for such jury, may issue an attachment for any person summoned as a juror who shall fail to attend, and may enforce obedience of such summons, venire or at- tachment, as courts of record, or justices' courts are author- ized to do in civil cases. (201) Sec. 5. The twelve persons selected as the jury shall be duly sworn by (he judge, commissioner, or justice iu attendance, faithfully and impartially to inquire, ascer- tain, and determine the just compensation to be made for the Judge, etc. een paid, or that the amount thereof has been deposited according to the provi- sions of the preceding sections, such court shall, by an order or decree, adjudge and determine that the title in fee of such real estate shall, from the time of making such payment or deposit, forever thereafter be vested in such township and its successors and assigns, and shall, in and by such order or decree, award to such township a writ of possession for the recovery of the possession of such real estate, a copy of which order or decree, certified by the clerk of said county, shall be recorded in the office of the register of deeds of such county, and the title of such real estate shall thenceforth, from the time of making such payment or deposit, be vested forever thereafter in such township and its successors and assigns in fee. (205) Sec. 9. Such township may, at any time after mak- ing the payment or deposit hereinbefore required, enter upon and take possession of such real estate for the use of said township. And it shall be the duty of the county clerk of said county, on the request of said township, to issue out of and under the seal of the circuit court of said county a writ of possession as awarded in such order or decree; which writ shall be directed to the sheriff of said county, and shall be tested and made returnable, and shall be substantially, so far as may be, in the same form provided for writs of pos- session in actions of ejectment; and it shall be the duty of such sheriff thereupon to remove the resj>ondent or re- spondents in such proceedings, and all persons holding under them, or either of them, from the real estate described in such decree and in such writ, and deliver the possession thereof, with the appurtenances, to such township. (206) Sec. 10. In case the jury hereinbefore provided for shall not agree, another jury may be summoned in the same manner, and the same proceedings may be had, except that no further notice of the proceedings shall be necessary ; but instead of such notice, the judge, commissioner, or justice may adjourn the proceedings to such times as he shall think reasonable, not exceeding thirty days, and shall make tin 1 process to summon a jury returnable at such time and place as the said proceedings snail be adjourned to. Such proceed- ings may be adjourned from time to time by the said judge, or commissioner, or justice, on the application of either party, and for good cause, to be shown by the party apply- LAWS RELATING TO PUBLIC HEALTH. 71 ing for such adjournment unless the other party shall con- sent to such adjournment; but such adjournments shall not Limit of. in all exceed three months. (207) Sec. 11. In case the said burying grounds or addi- Encumbrance. tion or approach thereto, is encumbered by mortgage, levy, tax sale, or otherwise, as aforesaid, the mortgagee, or other parties claiming to be interested in said title, shall severally be made a party to the procedure as aforesaid, and shall be 2 g of authorized upon filing of the certificate of the jury in the circuit court of said county, to appear before the circuit judge and make proof relative to their proportionate claims to the said burying grounds, or addition or approach thereto, or the compensation to be made therefor, as determined by said jury. And the said circuit judge shall, by decree, settle settlement. their several claims in accordance with the rights of the parties respectively, and may divide the sum awarded by said jury between the claimants as in his judgment will be equit- able and right, rendering against said township a separate judgment for each of the amounts so awarded. (208) Sec. 12. The circuit judge, judge of probate, or order for circuit court commissioner of any county where any money payment - has been deposited with the county treasurer of such county, as hereinbefore provided, shall, upon the written application of any person or persons entitled to such money, and upon receiving satisfactory evidence of the right of such appli- cant to the money thus deposited, make an order directing the county treasurer to pay the money thus deposited with him to said applicant; and it shall be the duty of such county How paid. treasurer, on the presentation of such order, with the receipt of the person named therein, endorsed on said order and duly acknowledged, in the same manner as conveyances of real estate are required to be acknowledged to pay the same; and such order, with the receipt of the applicant or person in whose favor the same shall be drawn, shall, in all courts and places, be presumptive evidence in favor of such county treasurer, to exonerate him from all liability to any person or persons for said money thus paid by him. (209) Sec. 13. In case any circuit judge, circuit court subsequent commissioner, or justice of the peace, who shall issue a sum- P roceedin ^ s - mons or venire for a jury, shall be unable to attend to any of the subsequent proceedings in such case, any other circuit court commissioner or justice of the peace may attend and finish said proceedings. (210) Sec 14. Circuit judges, circuit court commission- Fees, etc. ers, and justices of the peace, for any services rendered under the provisions of this act, shall be entitled to the same fees and compensation as for similar services in other special proceedings. Jurors, constables, and sheriffs shall be en- titled to the same fees as for like services in civil cases in circuit court. 72 STATE OF MICHIGAN. An Act to provide for vacating cemeteries in townships. [Act 49, P. A. 1895.] The People of the State of Michigan enact: Proceedings to vacate cemeteries. Petition to be made to board of health. What to set forth. Notice of petition to be published. Proviso on failure of board to appoint attorney. Further proviso as to costs. Hearing may be continued without notice (211) § 2387. Section 1. That whenever complaint is made in writing to the board of health of any organized township in this state, by ten or more residents of such town- ship, setting forth the fact that any private cemetery, within the bounds of said township, should be removed, for the rea- son that such cemetery has become commons, or has become neglected or abandoned by its owner or owners, or has be- come a public nuisance, or shall impede the growth of any city or village in said township, or whenever such cemetery shall endanger the health of the people living in the imme- diate vicinity thereof, it shall become the duty of the said township board of health to forthwith institute proceedings to vacate said cemetery in the manner hereinafter provided. The circuit court in chancery, of the county in which such cemetery is located is hereby authorized to vacate the same, or any part thereof, on petition made to such court as herein provided. (212) § 2388. Sec. 2. Said petition shall be made by the said board of health by an agent or attorney appointed by them for that purpose, who shall file a petition signed and sworn to by him, in the office of the register of said court for the proper county, which petition shall set forth his author- ity as attorney or agent, the particular reasons for making and filing such petition, and a distinct description of the premises on which such cemetery is located, -which petition shall be filed, as aforesaid, thirty days previous to the first day of the term for which such petition shall be noticed for hearing. That notice of the pendency and hearing of such petition shall be given for the same space of time, by pub- lishing the same in a newspaper published in the proper county, once in each week for four successive weeks prior to the first day of the term when such case is noticed for hear- ing: Provided, That should said board of health neglect or refuse to appoint such attorney or agent within thirty days after the complaint in writing shall have been filed with said board, then any freeholder resident of said township may file said petition and proceed in the same manner as though regularly appointed as such agent or attorney: Provided fur ther, Such freeholder may be required upon the order of said court to furnish security for costs should said petition be denied. (213) § 2389. Sec. 3. That the hearing on such petition may be continued from term to term, in the discretion of the court, without further notice; that all testimony may be taken in open court, or the taking of the same may be re- LAWS RELATING TO PUBLIC HEALTH. 73 ferred, in the discretion of the court, to a circuit court com- missioner of the proper county; that, under the discretion of the court, proper issues may be made for the determina- tion of all questions of law and fact, and all questions of compensation to any person or persons to be affected by such proceedings, and all questions touching the compensa- tion to be paid by the person or persons to whom said prem- ises or any part thereof shall be sold after the same shall have been vacated as such cemetery, and all issues of fact may be tried by a jury, or three commissioners, if the court shall so order, and any person adversely interested may cause himself to be made defendant to such petition. In all cases to case jury where reference shall be made to a jury or commissioners ls impane e to determine the compensation to be paid to or by any per- sons as aforesaid, the proceedings upon such reference shall, so far as practicable, be like those had in cases where a jury is impaneled or commissioners are selected, to ascertain and determine the necessity of taking lands, franchises, and other property for the construction of railroads, and to ap- praise the damages and compensation to be allowed therefor. If upon [the] hearing, such petitioner shall produce satis- Court to order factory evidence to the court that the notice required by vacated this act has been given, and that such cemetery should be vacated in whole or in part, as a place of burial, for any of the reasons given in this act for vacating cemeteries, such court shall thereupon order that such cemetery shall be va- cated, in whole or in part as a place of burial. That a copy copy of " of such order, certified by the register of such court under ?ecorded be his seal, shall be recorded by the petitioners in the office of the register of deeds of the proper county. (214) § 2390. Sec. 4. That when any cemetery shall be Dead bodies ~] vacated as provided in this act, the said township board of red^nniw 61 " health shall cause all the dead bodies and remains buried in cemetery. said cemetery to be re-interred in the cemetery of such town- ship, if they have one, and if not, then in some suitable ceme- tery in an adjoining township, in a prudent, careful and re- spectful manner, and shall cause to be removed and again erected over the proper remains, all permanent fences around graves and lots, all tombstones and monuments, with as little injury as the case will admit : Provided, That should Proviso. the cemetery vacated belong to any religious society or church and there be another suitable cemetery belonging to the same church or denominational society within said town- ship or an adjoining township, then said removal may be made to such cemetery instead of to the township cemetery: And provided, further, That no removal of said bodies and Proviso as remains shall be made during the months of June, July, removti° f August or September, excepting in the upper peninsula. Such removal and the cost of such proceedings under this act, shall be at the expense of, and paid by the township in which such cemetery is situated, except that in cases where 10 74 STATE OF MICHIGAN. the proceedings are instituted by an individual, without the consent of the township board of health, and the prayer of the petition shall be denied by the court, then and in that case, the person so instituting the proceedings shall be re- quired to pay such costs as may be allowed by order of the said court. (215) § 2391. Sec. 5. In all cases where the land va- cated shall revert to said township or to any person or per- sons, such township shall on demand, and upon the convey- ance of said lot, where conveyance may be necessary, to said township board of health or private person, repay to any owner the price he may have paid for his lot. Land to revert (216) § 2392. Sec 6. In all cases where the land em- to original grantor. Owner of land to repay for lots. Proviso. braced in the cemetery so vacated shall not exceed one acre in area it shall revert to the original grantor or his heirs, or be so conveyed to him or them by the said township if nec- essary: Provided, Said grantor or his heirs shall first pay to said township the value of said land based upon the mar- ket price of like land in the immediate vicinity. An Act to provide for vacating cemetery plats and cemetery grounds in the limits of incorporated cities and villages. [Act 164, S. L. 1871.] The People of the State of Michigan enact: Circuit court in chancery may vacate cemeteries. Petition for vacating. Notice of hearing. (217) § 3485. Section 1. That whenever the trustees of any incorporated village, or the common council of any city, shall by resolution adopted by them, determine that the dead bodies buried in any public cemetery, located in such city or village should be removed therefrom, for the reason that such cemetery shall have become commons, or shall impede the growth of any such city or village, or shall endanger the health of the people living in the immediate vicinity thereof, the circuit court in chancery of the county in which such cemetery is located is hereby authorized to vacate the same, or any part thereof, on petition made to such court as here- inafter provided. (21&) § 3486. Sec 2. That such petition shall be made in behalf of said trustees or common council, by an attorney or agent appointed by them for that purpose, who shall file a petition, signed and sworn to by him, in the office of the register of said court for the proper county, which petition shall set forth his authority as attorney or agent, the par- ticular reasons for making and filing such petition, and a distinct description of the premises on which such cemetery is located, which petition shall be filed, as aforesaid, thirty days previous to the first day of the term for which such peti- tion shall be noticed for hearing. That notice of the pen- dency and hearing of such j>etition shall be given for the LAWS RELATING TO PUBLIC HEALTH. 75 same space of time, by publishing the same ill a newspaper, published in the proper county, once in each week for four successive weeks prior to the first day of the term when such case is noticed for hearing. (219) § 3487. Sec. 3. That the hearing of such petition court may may be continued from term to term, in the discretion of the hearing e and court, without further notice; that all testimony inav be refer taking xi- xi x i • £ xi v testimony to a taken in open court, or the taking of the same may be re- circuit court ferred, in the discretion of the court, to a circuit court com- coramissioner - missioner of the proper county; that, under direction of the court, proper issues may be made for the determination of all questions of law and fact, and all questions of compensa- tion to any person or persons to be affected by such pro- ceedings, and all issues of fact may be tried by a jury if the Jury. court shall so order, and any person adversely interested may cause himself to be made defendant to such petition. Defendant. In all cases where reference shall be made to a jury to de- Damages, terinine the compensation to be paid to any person or per- sons as aforesaid, the proceedings upon such reference shall, so far as practicable, be like those had in cases where a jury is empaneled to ascertain and determine the necessity of taking lands, franchises, and other property for the con- struction of railroads, and to apprize the damages and com- pensation to be allowed therefor. If upon the hearing of Order for such petition the petitioner shall produce satisfactory evi- vacatmg - dence to the court that said trustees or common council have determined as aforesaid, that the notice required by this act has been given, and that such cemetery should be va- cated, in whole or in part, as a place of burial, for any of the reasons given in this act for vacating cemeteries, such court shall thereupon order that such cemetery shall be va- cated, in whole or in part, as a place of burial. That a copy of such order, certified by the register of such court un- der his seal, shall be recorded by the petitioner in the office of the register of deeds of the proper county. (220) § 3488. Sec. 4. That when any cemetery shall be Re-interment. vacated as provided in this act, the said trustees or common council shall cause all the dead bodies and remains buried in such cemetery to be re-interred in the cemetery of such city or village, if they have one, and if not, then in some suitable cemetery not more than six miles from the nearest corporate limits of said city or village, in a prudent, careful, and re- spectful manner, and shall cause to be removed and again erected over the proper remains, all permanent fences around graves and lots, all tombstones and monuments, with as little injury as the case will admit : Provided, That no removal Proviso. of said bodies and remains shall be made during the months of June, July, August, or September. Such removal, and the costs of the proceedings under this act, shall be at the ex- Expenses, pense of and paid by the city or village in which such cem- etery is located. 76 STATE OF MICHIGAN. Prices of lots repaid. (221) § 3489. Sec. 5. In all cases where the title to the land vacated shall revert to such city or village, such city or village shall on demand, and upon the conveyance of said lot (where conveyance may be necessary) to said city or village, repay to any owner the price he may have paid for his lot. An Act to authorize boards of health to dispose of real estate. Sale of real ^estate by board of health. [Act 215. S. L. 1861.] The People of the State of Michigan enact: (222) § 4463. Section 1. 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 burial ground, unless the same shall be sold by an order of the circuit court upon the petition of the board of health of the township in which the burial ground is situated. Board of health may hold certain property. Trust fund. Money to be i n vested. An Act to authorize township boards of health to receive and hold any property, real or personal, left to said board in trust for the upkeep of any cemetery or lots therein, and permitting said board to expend such funds in accordance with the provisions of such trust. [Act 95, P. A. 1909.] The People of the State of Michigan enact: (223) Section 1. The township board of health of any township shall have power in its discretion to take, receive and hold any property, real or personal, which may be granted, transferred, bequeathed or devised to such board in trust, for the purpose of caring for or keeping in good re- pair any lot or lots, or any portion thereof, or the whole or a part of any township cemetery, and to expend the same as specified in such trust. (224) Sec. 2. All moneys and property which may be received by said board by way of gift, grant, devise or be- quest, for cemetery purposes, shall be under the control of said board, and shall be held in trust by said board, subject to the terms and conditions on which the same were given, granted, devised or bequeathed, and the same shall constitute a trust fund. If left in money it shall, unless otherwise ex- pressed by those making such gift, grant or bequest, be in- vested as a permanent rand ia good, safe, interest bearing securities, the interest therefrom to be used as designated in said trust, under the supervision or direction of the said board; and no part of such income shall be used or appro- priated for other than the purposes expressed in said trust, LAWS RELATING TO PUBLIC HEALTH. 77 except the paying of the clerk of said board for his services in carrying out the provisions of said trust, which amount shall be determined by the board. (225) Sec. 3. Neither the whole nor any part of the prin- Trust fmici\. cipal or income derived from said trust fund shall be either transferred,. temporarily or permanently transferred to the general cem- etc - etery or other fund, or used for general cemetery purposes, or diverted in any way contrary to the provisions of the trust under which the same was received. (226) Sec. 4. The clerk of said board shall be the treas- Treasurer urer of said board and custodian of such trust fund, and and custodianr - said board shall take into consideration this duty of the clerk in fixing the amount of his official bond, which in all cases shall be adequate to cover the moneys or property under his control for the purposes of this act. 78 STATE OF MICHIGAN. CHAPTER VI. EMBALMING. An Act empowering the state board of health to determine the quali- fications necessary, examine and license persons qualified to practice the art of embalming and regulate the practice of embalming dead human bodies, and to repeal act number two hundred thirty-three of the public acts of nineteen hundred one. [Act 132, P. A. 1003.] The People of the State of Michigan enact: Embalmer's license. Embalming • iefiiu'd. (227) Section 1. The state board of health is hereby au- thorized and empowered to determine the qualifications nec- essary to enable any person to properly embalm dead human bodies and disinfect the premises. The said board, or some member thereof, shall examine all applicants for an em- balmer's license, and shall issue an embalmer's license to all persons who successfully pass such examination. No person shall embalm any dead human body, unless he shall hold a valid unrevoked and unexpired license from the Michigan state board of health authorizing him to practice the art of embalming. All persons who are engaged in the business of undertaking, or who profess to be engaged in such business, or who hold themselves out to the public as undertakers, or embalmers, shall be required to possess a certificate showing that they are licensed embalmers or have constantly em- ployed a licensed embalmer. Any person embalming or at- tempting to embalm, or caring or attempting to care for a dead human body, either as an embalmer or as assistant em- balmer or undertaker, except under the immediate and per- sonal direction of a licensed embalmer, shall be deemed to be practicing the art of embalming, and any person so embalm ing or caring, or attempting to care for a dead human body, or who shall prepare for transportation or burial or otherwise dispose of any dead human body, or hold himself out as prac- ticing embalming, without being the holder of an embalmer's license granted by the state board of health, shall he deemed guilty of a violation of this act. The term embalming as used in this act shall be taken to mean the disinfection or preservation of the dead human body, entire or in part, by the use of chemical substances, fluids or gases ordinarily used, prepared or intended for such purpose, either by out- ward application of such chemical substances, fluids or gases on the body, or by the introduction of same into the body by vascular or hypodermic injection or by direct application into the organs or cavities. The finding of any such chemi- cal substance, fluid OP gas ordinarily used in embalming, or LAWS RELATING TO PUBLIC HEALTH. 76 any trace, evidence or appearance thereof upon a dead human body, the use of which is prohibited except by licensed embalmer, or the placing thereof on a dead human body by any person who is not a holder of an embalmer's license shall constitute prima facie evidence of the violation of the terms of this act: Provided, That nothing in this act shall apply to any person who prepares dead human bodies for bur- ial without the assistance of an undertaker or embalmer, or without acting in the capacity of an embalmer or under- taker. Am. 1907, Act 151. (228) Sec. 2. Embalmers' examinations shall be held in ^™hSd ions ' the city of Lansing, at least once each year, and at such other times and places as the said board may designate: Provided, That an examination shall be held once each calendar year in the upper peninsula, if five or more residents of the upper peninsula shall have, on file with the secretary of the said board their applications for licenses. The said board is here- by authorized to send not more than two of its members to the upper peninsula to conduct embalmers' examinations there. The members of the said board, except the secretary, who are present and assist in any such examinations shall receive ten dollars per diem for the time actually spent, in addition to reimbursement for such expenses as they may actually incur. Am. Id. (229) Sec. 3. No person shall be granted a license under Qualifications tor lic6iisc this act, unless he shall have had at least two years actual, practical instruction in embalming and disinfecting under a licensed embalmer in this state, or at least one year of such instruction and has completed a course in some school of em- balming whose standing is recognized by the state board of health, or who shall have been actively engaged in the prac- tice of embalming for five years last past prior to the date of his examination. Each applicant for a license shall be examined orally and in writing in the following subjects: Anatomy, sanitary science and disinfection, the care, preser- vation, embalming, transportation and burial of dead human bodies, and shall, at the request of the board, demonstrate his proficiency as an embalmer by operation on a cadaver. All applications under this act shall be upon blanks fur- nished by the state board of health and shall be accompanied by a fee of five dollars and a photograph of the applicant. All applicants for license to practice embalming shall have attained the age of twenty-one years and must furnish a certificate of good moral character, signed by three respons- ible citizens, one of whom must be a licensed embalmer who has been personally acquainted with the applicant for at least one year. All applicants shall furnish the state board 80 STATE OF MICHIGAN. of health satisfactory evidence of their proficiency in a com- mon school education, that they have had at least two years' practical experience under a licensed embalmer in this state, or have had a practical experience of not less than one year under a licensed embalmer in this state and have completed the regular course of instruction in a school of embalming recognized as being in good standing by said board: Pro- vided, That any person now holding an embalmer's license issued by the state board of health under authority of act number one hundred thirty-two of the public acts of nine- Proviso, present license holders. Further pro- viso, foreign licenses. Proviso. Proviso. teen hundred three, shall be deemed to be a licensed em- balmer under the provisions of this act, but such license shall terminate and expire on the thirty-first day of July, nineteen hundred seven, unless sooner revoked or cancelled, who shall be entitled to registration without examination upon pay- ment of the fee herein provided for: Provided further, That any person holding a valid, unrevoked and unexpired license in another state or territory having substantially similar re- quirements to those existing in this state, provided that such states or territories recognize licenses issued by the Michigan state board of health, may be granted a license to practice in this state upon filing with the secretary of this board a cer- tified statement from the secretary of the examining board of the state or territory in which the applicant holds a license, showing the rating upon which said license was granted, to- gether with his recommendation, and if satisfactory to this board i,t shall, upon receipt of a fee of ten dollars grant such license. The owner of any license or renewal provided for in this act shall cause a copy of same to be filed in the office of the local registrar of each city or village wherein he intends to practice the art of embalming, and no transportation per- mit shall be issued by the local registrar to any person who has not a copy of such license or renewal on file: Provided, That any local registrar is hereby authorized to grant a transportation permit to any embalmer coming from beyond the jurisdiction of said registrar upon the exhibition of a copy of said license or renewal to said registrar. It shall be unlawful for any railway agent, express agent, • baggage master, conductor, or other person acting as such, to receive the dead body of any person for shipment, or transportation by railway or other public conveyance, to or from any point in this state or to a point outside of this state, unless said body be accompanied by a removal or shipping permit signed by the health officer of the local board of health, and a certifi- cate, attached to the outside box containing such body, show- ing the name and official number of the embalmer by whom it was prepared, and the method of preparation employed : . Provided, That nothing in this act shall be so construed as to prevent the shipment of dead bodies intended for use for LAWS RELATING TO PUBLIC HEALTH. 81 anatomical purposes within this state when the same are so designated by the shipper. Am. Id. (230) Sec. 4. The licenses shall be signed by the presi- Renewals, dent and secretary of the state board of health and the seal etc ' of the board affixed thereto. No license shall be issued or renewed for a period exceeding one year and all licenses and renewals thereof shall expire and terminate the thirty-first day of July following the date of their issue, unless sooner, revoked and cancelled. (231) Sec. 5. Any person holding an embalmer's license Manner of under this act may have the same renewed for not to exceed one year, and not longer than to July thirty-first, following the date of such renewal, by making and filing with the sec retary of the said board an application therefor within thirty days preceding the expiration of his license, upon blanks pre- scribed by the said board and upon payment of fifty cents renewal fees : Provided, however, That any person neglect- Proviso, ing or failing to have his license renewed as above inay have the same renewed by making application therefor during the month of August following, and upon payment of two dollars and fifty cents revival and renewal fees. (232) Sec. 6. The secretary of the state board of health Record of shall keep a record, in which shall be registered the name and business address of every person to whom an embalmer's li- cense has been granted in accordance with this act, and the number and date of such license, and the date of each re- newal thereof. In the month of September, of each and every year, the secretary of said board shall supply each licensed embalmer, and the various transportation companies within this state with a list of all embalmers holding a license under this act, then in force, giving the names of such persons, their business address and the numbers of their licenses. The sec- Notices of retary of said board shall mail notices to all undertakers in examination - this state known to him, at least fifteen days before any em- balmer's examination is to be held in the lower peninsula, advising them of the time and place where such examination is to be conducted, and shall mail notices to all undertakers in the upper peninsula known to him, at least fifteen days before any embalmer's examination is to be held in the upper peninsula, advising them of the time and place where such examination is to be conducted. It shall be the duty of the secretary of the state board of health to prepare under the direction of the said board, and cause to be printed, all blanks required by this act to be prescribed by the state board of health. The secretary of said board shall, between the first and fifth day of July, of each and every year, mail a printed notice to each holder of a license under this act, advising him that his license will expire the thirty-first day 11 82 STATE OP MICHIGAN. Notice to license holders. Report of secretary. License, relative to revocation of. of that month, and enclose him therewith a blank applica- tion for renewal thereof. The secretary of said board shall also, between the first and fifth days of August, of each and every year, mail a notice to each holder of a license under this* act that has not been renewed during the preceding month, advising him of the expiration of his license, and of the penalty for embalming dead human bodies without hold- ing a license under this act, and the conditions and terms upon which his license may be revived and renewed during the month of August. All notices required to be mailed by any provision of this act, shall be directed to the last known postoffice address of the party to whom the notice is sent. (233) Sec. 7. The secretary of the state board of health shall keep a record of all fees received and expenses paid under this act and make a report thereof annually to the gov- ernor. The fees collected by the state board of health under this act shall be used to defray the expenses incurred by said board in following the provisions of this act and enforcing the same, and for no other purpose. Any surplus on hand at the end of each fiscal year shall be covered into the treasury of the state for the benefit of the general fund of the state. (234) Sec. 8. Whenever the state board of health shall have reason to believe that any person to whom a license has been issued has become unfitted to practice embalming and disinfecting, or has violated any of the provisions of this act, or any rule or regulation prescribed, or whenever written complaint of a licensed embalmer, substantiated by affidavits thereto, charging the holder of an embalmer's license with the violation of any provision to this act is filed with said board, it shall be the duty of the said board to notify the person in question that it has reason to believe that he has violated the provisions of law and that his license ought to be revoked, which notice shall be served upon him either by registered mail or personal service: Provided, That when a written complaint against any sucir person is filed with said board, either by a member thereof or a licensed embalmer, a copy thereof shall be attached to the notice so served upon such person. The said notice shall set forth in what particu- lars it is claimed there has been a violation of the law, or for what reason the person is believed to be unfitted to longer prosecute the business of an embalmer. The said board shall in such notice definitely fix a time and place when and where it will be in session for the purpose of considering such per- son's case, which time shall not be less than twelve days after the service of notice upon the person. Such person shall have the right to appear before the said board at such time and place to dispute the charges made in said notice. Any mem- ber of said board shall have the right to administer oaths to witnesses. If, after considering all of the facts and cir- cumstances the board shall have sufficient reason to believe that there has been a violation of the provisions of this act, I'ro\ i>o, written complaint. LAWS RELATING TO PUBLIC HEALTH. 83 or a violation of any rule or regulation prescribed by the said board for the preparation, embalming, shipping or burial of any dead human body, or that such person is un- fitted to remain a licensed embalmer in this state, it shall have the right to revoke and cancel the license theretofore granted to such person. Am. 1907, Act 151. i (235) Sec. 9. Any person who shall violate any of the Penalty for provisions of this act, upon conviction thereof, shall be pun- 3°act!° n ished by a line of not less than three hundred dollars nor more than one year, or both such fine and imprisonment, in the discretion of the court. Prosecutions for the violation Prosecutions, of any of the provisions of this act, may be brought by any b?<^St y be person in the name of the people of the state of Michigan, against any person violating any of the provisions of this act, before any court of competent jurisdiction. It is hereby Prosecuting made the duty of all prosecuting attorneys to see that the ttc^Sutfes. provisions of this act are enforced in their respective coun- ties. It shall also be the duty of all health officers in their respective cities and townships to inform against and assist in the prosecution of all persons whom there is reasonable cause to believe are guilty of violating any of the provisions of this act. Am. Id. The Act of 1907, amending sections 1, 2, 3. 8 and 9, was ordered to take effect September 8. 1908. Sec. 10 repeals Act 233 of 1901. An Act to provide that licensed embalmers may act as subregistrars of deaths when duly authorized by the secretary of state. [Act 115, P. A. 1903.] The People of the State of Michigan enact: (236) Seqtion 1. Any embalmer duly licensed by the Application state board of health as provided by the laws of the state of Michigan, and whose license has not been revoked, may make application to the secretary of state, accompanied by a fee of one dollar, for permission to act as subregistrar of deaths under the act to provide for the registration of deaths in Michigan and requiring certificates of death, being sec- tions forty-six hundred fourteen to forty-six hundred twenty, inclusive, of the compiled laws of eighteen hundred ninety- seven. (237) Sec. 2. The secretary of state shall, in his discre- who to tion, grant authority to any licensed embalmer to act as sub- grant registrar of deaths, in which capacity he shall be authorized to issue burial permits to himself for deaths occurring in any township or village (but not city) in the state under the 84 STATE OF MICHIGAN. When may issue burial permit. Certificates, where filed. same restrictions as those governing registrars. He shall sign as "Licensed Embalmer, No ," stating the num- ber of his license. He shall not issue a permit to himself, or conduct a funeral, until he shall have obtained the certi- ficate of death, properly filled out in all respects required by the registration law, legibly and correctly in ink. He shall personally file all certificates of death upon which he luis issued permits to himself with the registrars of the townships or villages in which the deaths occurred on or be- fore the third day of the month following that in which the deaths occurred, and failure to do so or to comply strictly with this act shall warrant the immediate cancellation of his authority as subregistrar by the secretary of state. An embalmer whose license is revoked by the state board of health shall thereby become disqualified as a subregistrar of deaths. Subregistrars shall receive no fees or other com- pensation for issuing burial or removal permits or transit permits to themselves, or for transmitting certificates of death to the township or village clerks under this act, but the regular registrars shall receive the usual compensation for such certificates when promptly transmitted under the registration law. LAWS RELATING TO PUBLIC HEALTH. 85 CHAPTER VII. REGISTRATION OF NURSES. An Act to provide for the examination, regulation, licensing and registration of nurses and for the punishment of offenders against this act. [Act 319, P. A. 1909.] The People of the State of Michigan enact: (238) Section 1. The governor shall appoint by and with Board of reg- tlie advice of the senate, four residents, either male or female, to compose. ° three of whom shall be graduated nurses, and one who shall be a registered physician of this state, w r ho shall with the secretary of the state board of health constitute a board of registration of nurses. Such appointees shall be chosen from How chosen. the actual residents of this state and, except the registered physician, from nurses w T ho have graduated from reputable training schools, giving at least a two years' course of train ing, served in hospitals of good standing, and who have had five years' experience in nursing. In the event that the ap- Term. pointment of a successor is not made upon the expiration of the term of any member, such member of said board shall hold office until a successor is duly appointed. The governor vacancies, shall fill vacancies occasioned by death or otherwise and may remove any member for the continued neglect of duties required by this act. Vacancies in said board shall be filled in accordance with the provisions of this act for the estab lishment of the original board, and persons appointed to fill vacancies shall hold office during the unexpired portion of the term for which their predecessors were appointed. The four persons so appointed shall be appointed in two classes, classes as follows : Two shall be appointed to hold office Appointment, for three years and two shall be appointed to hold office for terms - etc - six years, beginning with the first day of August, nineteen hundred nine, and until their successors are appointed, and thereafter the governor shall sfppoint on or before the first day of August of each third year persons qualified as afore- said in each class to hold office for six years from the first day of August next ensuing. Within the meaning of this act, Registered a state registered nurse is defined as one who, for hire or re- denned terrn ward, nurses, attends and ministers to the sick or afflicted under the supervision and direction of a legally registered practitioner, and who has qualified for such calling or pro- fession, except as hereinafter provided in section three, article four of this act, through a regular course of instruc- "" tion and practice in a recognized training school for nurses connected with a hospital, sanitarium or state institution 86 STATE OF MICHIGAN. for the consumptive, insane or feeble-minded and compliance with the further provisions of this act. (239) Sec. 2. The members of said board shall meet on the first Wednesday of November, nineteen hundred nine, at Lansing, and shall elect a president, vice president and sec- retary from their own number, each of whom shall hold his or her respective office for two years. This board shall adopt rules and regulations not inconsistent with this act to govern its proceedings, and shall adopt a seal of which the secretary shall have the care and custody. The secretary shall keep a record of all proceedings of the board, including a register of the names of all nurses duly registered under this act, which shall be open at all reasonable times to public scru- tiny. No less than three members shall constitute a quorum of said board for the transaction of business. Said board shall hold one regular meeting in each year, and such addi- tional meetings at such times and places as it may determine. Notices of such meetings shall be published in two news papers of general circulation in the state and in one nursing journal at least thirty days previous to such meeting. The secretary shall give to the state treasurer a bond in the penal sum of one thousand dollars, with one or more sufficient sureties to be approved by the governor for the faithful dis- charge of his or her duties. (240) Sec. 3. On and after the first day of December, nineteen hundred nine, all men and women engaged in the practice of professional nursing and all who may wish to be- gin the same in the state, except as hereinafter provided, shall make application to said board to be registered and to be furnished a certificate of such registration. This regis- tration and certificate shall be granted to such applicants as shall give satisfactory proofs of being twenty -one years of age, of good moral character and of having received the equivalent of a grammar school education. Each applicant shall comply with at least one of the following conditions: Without examination: First. The applicant shall be registered and shall receive a certificate of registration without examination, if he or she shall present a diploma issued before December first, nine teen hundred twelve, by a training school connected with a general hospital, state hospital, sanitarium or special hospi- tal, where a two years' course of training is required with systematic instruction in the hospitals or from one or more general hospitals of good standing, supplying a systematic training corresponding to the above standard. Second. The applicant shall be registered and given a cer- tificate of registration without examination, if he or she shall have a diploma from a training school connected with the general hospital, sanitarium or Special hospital giving a two years' training; or prior to the year eighteen hundred ninety- five, if he or she has received one year's training in any of Meeting. Officers. Record of proceedings. Quorum. Annual meeting. Notice of. Secretary to give bond. Registration, etc., appli- cation for. When granted, (Conditions. When regis- tered without examination. Training school diploma. LAWS RELATING TO PUBLIC HEALTH. 87 the aforesaid institutions under conditions satisfactory to the board and who is engaged in professional nursing at the date of the passage of this act, or has been engaged in pro- fessional nursing for five years after graduation prior to the passage of this act : Provided, Such application shall be Proviso, made before December first, nineteen hundred eleven. Third. The applicant shall be registered and given a cer- Certificate of tificate of registration after December first, nineteen Iran- registration - dred ten, who shall present a certified copy of or certificate of registration or license from another state of the Union where the requirements for registration shall be deemed by said board to be equivalent to those of this act, upon the payment of the usual fee for certificate. With examination: Fourth. Any applicant who has pursued as a business the ^gSFma* 10 "' vocation of nursing for a period of not less than five years take. prior to the passage of this act, and who presents to the board a certificate stating that he or she is competent to give efficient care to the sick under the direction of a competent physician, said certificate to be signed by one registered phy- sician and two registered nurses, shall be entitled to take such examination before the board as may be deemed neces- sary to determine his or her fitness to give efficient nursing- care to the sick, such application to be filed within the two years immediately following the passage of this act. Fifth. After December first, nineteen hundred twelve, the when regis- TPFPfl PTC* applicant shall be registered and given a certificate of regis- tration if he or she shall have a diploma from a training school connected with a hospital requiring a two years- course of training with systematic instruction in a general hospital, state hospital, sanitarium or special hospital in good standing, and upon passing such an examination before the board at such time and place as it may designate and in accordance with the rules prescribed by the board, which rules shall be furnished from time to time to any hospital, sanitarium or special hospital applying therefor. (241) Sec. 4. Every applicant for registration under this Filing fee. act shall pay a fee of ten dollars upon filing his or her appli- cation. Upon the issuance of a certificate of registration each nurse shall cause a copy thereof to be filed with the county clerk of the county in which said applicant resides, with an affidavit of his or her identity as the person to whom the same was issued, and his or her place of residence at the time of examination and registration. He or she shall be prepared, whenever requested, to show his or her certificate of registration. The county clerk shall charge fifty cents for Registra- registering such license. tlon fee- (242) Sec. 5. It shall be the duty of the secretary of said secretary ot board to file with the secretary of state at least quarterly a o f oard ' * list of all certificates of registration issued by said board, with the names and residences of the persons to whom such certificates have been issued. 88 STATE OF MICHIGAN. Moneys, to whom paid. Compensation Statement of expenses. Proviso. "Registered nurse." Certificate of health. Penalty for misdemeanor. Prima fade evidence. When not applicable. (243) Sec. 6. All moneys received by said board shall be paid to the state treasurer quarterly, and shall be credited to the general fund of the state, and a receipt for the same shall be filed by the secretary of said board in the office of the auditor general. The incidental and the traveling ex- penses of said board shall be paid from such fund only. The compensation of all members of the board shall be at the rate of five dollars a day, together with all legitimate ex- penses, which shall be paid from the aforesaid fund, for each day actually engaged in attending meetings of said board, and in no case shall any more be paid than was actually ex- pended. The secretary shall receive extra compensation at the rate of one hundred dollars per annum, payable quart erly. A statement of the incidental and traveling expenses of the members of the board shall be approved by said board and sent to the auditor general of the state, who shall draw his warrant upon the state treasurer for the amounts due as in case of other bills and accounts under the provisions of law: Provided, That the amount so paid shall not exceed the amount received by the state treasurer from said board in fees, as herein specified, and as much of said receipts as may be necessary is hereby appropriated for the compensa- tion and expenses of said board as aforesaid. (244) Sec. 7. Any person who shall have complied with the provisions of this act and received a certificate of regis- tration shall be styled and known as a "Registered Nurse," and be entitled to append the letters "R. N." to his or her name. (245) Sec. 8. Any person properly registered under the provisions of this act shall, before entering any service in that capacity, furnish a certificate of good health from a properly registered physician, showing that he or she is free from tuberculosis or any specific or infectious disease; said certificate to be renewed semi-annually. (246) Sec. 9. Any person who shall, after the passage of this act, practice professional nursing as a registered nurse without first complying with the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than two hundred dollars or by imprisonment in the county jail for a period of not more than ninety days or by both such fine and imprisonment for each offense. (247) Sec 10. When any person shall append the letters "R. N." or shall use any other letter, figures or sign to indi- cate that he or she is a registered nurse, it shall be prima facie evidence of practicing professional nursing as a reg- istered nurse within the meaning of this act. (248) Sec 11. This act shall not apply to the gratuitous nursing of the sick by friends or by members of the family, nor to any person nursing the sick for hire, but who shall not in any way assume to be a registered nurse. It shall not be LAWS RELATING TO PUBLIC HEALTH. 89 construed to interfere in any way with religious communities having charge of hospitals or those who care for the sick in their own homes. (249) Sec. 12. Said board shall have the power to re- Certificate, voke any certificate issued by said board in accordance with re ™ catlon the provisions of this act and for the following causes : Gross incompe- incompetency, violations of the provisions of this act, dis- honesty, habitual intemperance or any act derogatory to the morals or standing of the profession of nursing, as may be determined by the board : Provided, That such revocation proviso, shall only be made upon specific charges in writing, under gjjjjjk oath, filed with the secretarj', and by a majority vote of the whole board, a certified copy of such charges and thirty days' notice of the hearing of the same having been personally served upon the holder of such certificate. Said board shall be authorized to furnish a list of the names and addresses of those whose certificates have been revoked to the board of examiners of other states upon the written request of such board. Sec. 13 repeals contravening acts. 12 90 STATE OF MICHIGAN. CHAPTER VIII. MISCELLANEOUS. TETANUS. (LOCKJAW.) An Act to prevent the sale and use of toy pistols. Sale, etc., forbidden. Penalty. Possession unlawful. [Act 138, P. A. 1883.] The People of the State of Michigan enact: (250) § 11530. Section 1. That no person shall sell, give, or furnish to any child under the age of thirteen years, any cartridge of any form or material, or any pistol, gun, or other mechanical contrivance, specially arranged or desig- nated for the explosion of the same. (251) § 11531. Sec. 2. Any person, violating any of the provisions of the foregoing section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be pun- ished by a fine of not less than ten dollars, nor more than fifty dollars, and costs of prosecution, or imprisonment in the county jail not less than ten days nor more than ninety days, or both such fine and imprisonment, in the discretion of the court. (252) § 11532. Sec. 3. It shall be unlawful for any per- son under the age of thirteen years, to have in possession, or use any of the articles named in section one of this act. WATER ANALYSES AT COST AT UNIVERSITY. An Act to provide for the analysis of water in use by the public in certain cases. [Act 43, P. A. 1897.] Water may be sent to university for analysis. The People of the State of Michigan enact: (253) § 4484. Section 1. That in any case where any city, village or township in this state shall be supplied with water for domestic uses by any individual, company or cor- poration, city or village, or where there is within such city, village or township, any water in swales, wells, rivers or other places, which might be the cause of disease or epidemic, a sample of such water may be sent to the university of .Michigan for analysis by the mayor of such city or village, or the president of such village, or by any alderman or trus- tee of such village, or by the supervisor of any such township, upon the resolution of the common council of such city, or LAWS RELATING TO PUBLIC HEALTH. 91 board of trustees of suck village, or the township board of such township, for that purpose duly passed. (254) § 4485. Sec. 2. Upon receipt of such sample the University regents of the university of Michigan shall cause a correct Analysis free analysis of such sample of water to be made, and a correct ?^ p l "!Sfl; ■^ ■ ' • • bdry expense^- statement of the properties contained therein, with a further statement whether or not such sample contains any sub- stance deleterious to health, and return such analysis to- gether with the statement aforesaid to the person so sending the same, free of charge except the actual cost of materials and animals used" in making such analvsis and experiment. (255) § 4486. Sec. 3. It shall be the duty of the board g^ e ^ d to of regents of the university of Michigan to cause a record to of samples be kept of every sample of water received under and by vir- and analysis - tue of this statute, and in no case shall a second analysis be required of the same water within one year except in case of the breaking out of some disease among the consumers of such water, and then only upon the certificate of at least two physicians engaged in active practice in that community that in their opinion such disease arises from the use of said water. HOSPITALS AND SANITARIUMS. An Act relative to the maintenance and construction of hospitals and sanatoria within the counties of this state and to provide a tax to raise moneys therefor. [Act 139, P. A. 1909.1 The People of the State of Michigan enact: (256) Section 1. The several boards of county super- Board of visors of this state may raise by a tax to be levied on the prop- mayraTS^ erty of said county, subject to taxation for county purposes, h v taxation. a sum of money to be used for constructing or maintaining or assisting to construct or maintain any hospital or sani- tarium within said county. The said board of supervisors where used. shall designate the hospital or sanitarium for which the moneys so raised are to be used : Provided, That any county proviso. not having within its boundary a hospital or sanitarium or any county though having a hospital or sanitarium within its boundary wishing to act in conjunction with any other county or counties for the purposes herein provided, may, in the judgment of the board of supervisors, use said moneys so raised in such combined undertaking of said several counties. (257) Sec. 2. The tax provided for herein shall be ap- Tax, appor- portioned and collected as other taxes for county purposes. tlonment - etc - Said tax shall not exceed one-tenth of one mill on each dol- lar of assessed valuation of said county, and in no case shall the amount exceed one thousand dollars for any one year, 92 STATE OF MICHIGAN. How paid. unless same shall have been submitted to a vote of the quali- fied electors "of such county. (258) Sec. 3. When the tax herein provided for shall be collected it shall be paid to the institution for which the same is raised, upon the warrant of the president and sec- retary thereof from time to time as vouchers are presented, and shall be expended by said board for the use of said in- stitution within the limits prescribed by this act. (259) Sec. 4. It shall be the duty of the trustees or other officers of any hospital or sanitarium receiving any such as- sistance, to report once a year to the boafd of supervisors of the county granting such assistance. Such report shall set forth in detail the number of the patients cared for dur- ing the year, the average cost per person, the amount of Trustees, etc. duty of. Annual re- port, what to contain. money received from all sources, the amount of money ex- pended and to whom paid, and a tabulated statement of the number of persons admitted, the disease, or other cause of their admission, and the disposition made of each case, which said report shall be included and made a part of the record of said board of supervisors. TRANSPORTATION OF DEAD HUMAN BODIES. An Act to provide for securing and transporting unclaimed dead human bodies to be used for dissection in the advancement of science. [Act 142, P. A. 1909.] The People of the State of Michigan enact: Certain boards (260) Section 1. Any member of either of the following dei?ver*un- t0 boards and any of the following named officers or persons, fo a imh d erS?v es towit : Tne board of health of any city, village or township, the common council of any city, board of trustees of any vil- lage, any board or officer having the direction, management, charge or control in whole or in part of any prison, house of correction, workhouse, jail or lockup, founded or supported in whole or in pari at public expense, having in his or their possession or control, the dead body of any person not claimed by any relative or legal representative; or the county suj>erintendent of the poor, keepers of poorhouses and alms- houses, any physician or other person in charge of any j>oor- house or almshouse or charitable institution, sheriff or coro- ner, having in his or their possession or control the dead body of any person not claimed by any relative, personal friend or legal representative as hereinafter provided, and which may be required to be buried at public expense or the expense of any one of such public institutions, or the dead body of any convict who died in prison under sentence of murder or attempt to murder, not claimed by any relative, ]>ersonal friend or legal representative, shall deliver such LAWS RELATING TO PUBLIC HEALTH. 93 dead body or bodies within thirty-six hours after death, or after he or they shall become possessed thereof, to a licensed embalmer who shall, after preparing the body for shipment, place it in a plain coffin and outer box plainly directed to the demonstrator of anatomy of the "University of Michigan, Ann Arbor, Michigan," and deliver the same together with a transit permit, as provided by the state board of health, to the express or railway company at the nearest railway station, excepting only the dead bodies of such persons as shall have died of smallpox, diphtheria or scarlet fever: Provided, That in the county of Wayne the dead bodies Proviso, hereinbefore described shall be sent in the same manner ^Snty. and under the same restrictions as those sent to the dem- onstrator of anatomy of the university of Michigan, either to the demonstrator of anatomy of the Detroit college of medicine, or to the demonstrator of anatomy of the Detroit homeopathic college. Such boards, common councils, officers Duty of or other persons making such shipment or delivery, shall as making et ° " the case may be take the usual shipping receipt or a fully shipment. particularized receipt for such package and shall notify the consignee of such shipment by letter mailed on the day the package is so delivered to the express or railway company, or within the county of Wayne, delivered concurrently by messenger or otherwise with the delivery of such package, and shall also enclose in such letter a statement giving, as nearly as can be ascertained, the name, age, residence and cause of death of such deceased person, whose body has been shipped or is being delivered as aforesaid; and also a state- ment of the cost and expenses which have been incurred in the storage and preparation of the body for shipment, in the rental of the coffin and box, and in the delivery of the same to the transportation company ; and upon the receipt Duty of dem- of the package so shipped to him, the demonstrator of an- u nS of a M. r on f atomy of the university of the state of Michigan shall im- p e a c c e kSg e of mediately forward to such officer, board, council or institu- tion or person or persons making such shipment or incurr- ing such expenses the amount thereof, not exceeding in any case the sum of fifteen dollars, exclusive of the cost of trans- porting the body and the cost of returning the coffin and box to the consignor : Provided, That the transportation charges Proviso, for any corpse by any railway company or express company {SnXarges. shall be the price of one first-class passenger fare between the points of shipment, but in no case shall the charge be less than two dollars, and no railway company or express com- pany shall require such corpse to be accompanied by a per- son. Upon the receipt of a package so delivered to him, the Duty of demonstrator of anatomy of the Detroit college of medicine £f m e °rta t in atcr or of the Detroit homeopathic college, as the case may be, ^efroit shall immediately forward to such officer, board, council or institution or person or persons making such delivery or incurring such expenses, the amount thereof not exceeding 94 STATE OF MICHIGAN. Proviso, request for interment. Bodies, dis- position and record of. Proviso, notice to nearest known relative. Violation a misdemeanor. Institutions to which bodies may be shipped. Distribu- tion of. Notice to each other. in any case the sum of seven dollars: Provided, Such dead body shall not be shipped or delivered as aforesaid if it shall be requested in good faith for interment by any relative before the same shall have been delivered as aforesaid, and in case the dead body of any person so delivered or so shipped as aforesaid be subsequently claimed or demanded of either of said demonstrators of anatomy, or of any other person or institution* into whose possession or under whose control it may have been placed by virtue of the provisions of the law, by any relative or legal representative of such deceased person for private interment, it shall be given up to such claimant, even after the same shall have been interred as hereinafter provided, after they shall have paid the actual expenses incurred and paid by the demonstrator of anatomy or by any person or institution into whose possession or under whose control it may have been placed by virtue of the provisions of this act. Such bodies shall be used only for the purposes hereinafter mentioned, and shall then in all cases be interred in some suitable place kept for that purpose and a correct record shall be kept of every such body; and all matters by which such body may be identified, coming to the knowledge of the person or officer at any time in charge of such bodies, shall be faithfully recorded at length in a book kept for that purpose, to the end that the same may at any time be traced and discovered by the friends and relatives .of such deceased person: Provided, That the institution, board, council, officer or person aforesaid, shall immediately after the death of such person notify, if possible, by tele- graph, or otherwise by letter, one or more of the nearest known relatives of such deceased person of the death of such person; and in no other case shall the body of such deceased person be shipped or delivered as aforesaid until after the expiration of twenty-four hours from death. Every indi- vidual, officer or party violating any of the provisions of this section shall be deemed guilty of a misdemeanor. (261) Sec. 2. The bodies so shipped or delivered as afore- said shall be used for the advancement of anatomical science in this state in the following institutions of learning, only, viz: The university of Michigan, the Detroit college of medi- cine and the Detroit homeopathic college. The said bodies shall be distributed to and among the same equitably and, as far as possible, in the order in which they are received, and the number assigned to each by the said demonstrator of anatomy shall be proportional to that of its students of anatomy in actual attendance, and to this end the said dem- onstrator of anatomy shall, within ten days after the open- ing of the scholastic year of each of said institutions, ascer- tain from the dean or other executive officer of said institu- tions the number of students of anatomy in actual at tend- ance in the said respective institutions. The said demonstra- tors of anatomy shall, upon ascertaining the number of stu- LAWS RELATING TO PUBLIC HEALTH. . 95 dents of anatomy in actual attendance in said institutions, each notify the other in writing of the information thus ob- tained; and at any time thereafter, upon the written request of either of said demonstrators of anatomy delivered or mailed to the others, the said demonstrators of anatomy shall ascertain and inform each other in writing of the num- ber of students of anatomy in actual attendance in the said institution, to the end that at all times the distribution of said bodies may be equitable and proportionable to the num- ber of students of anatomy in actual attendance in the said institutions. In order to procure a fair and proportionable Unfit bodies. distribution of bodies in quality as well as in quantity, each demonstrator of such institution may throw out any body which when received, shall in his opinion be unfit and worth- less for the advancement of anatomical science, and shall not count such body as anatomical material when received, but on his request to the other demonstrators or to any one of them shall be supplied by such demonstrator applied to with the proportionate number of good bodies fit for use for the neces- sary instruction. The demonstrators of anatomy of the afore- Annual ex- said institutions shall each make annually in the last week of meiV the month of June, a sworn statement of the actual expenses borne and incurred by him under the provisions of this act; and from such statements the total cost of the anatomical material received shall be ascertained by a board consisting of all of said demonstrators, and shall be apportioned and paid by such institutions in proportion to the number of bodies used by each of said institutions : Provided, however, Proviso, That either of the said demonstrators of anatomy upon the possession. receipt of every body under and by virtue of the provisions of this act, shall cause the same to be embalmed or put in a state of preservation, and shall not permit the same to be delivered to any of said institutions for the purpose of dis- section until the same shall have been in his possession at least ten days. It shall be the duty of the said demonstrator Notice to relatives of anatomy of the university of Michigan and the said demonstrator of anatomy of the Detroit college of medicine and the said demonstrator of anatomy of the Detroit homeo- pathic college, upon the receipt of any body under the provisions of this act, to immediately notify either by mail or telegraph as he may deem best, the relatives of such de- ceased person, if known, of the receipt of such body and that said body will be preserved intact for the space of ten days, in which time the said relative will be entitled to said body Entitled to for the purpose of interment, and shall pay such expenses, payment of and the demonstrator of anatomy, in whose possession or ex P enses - under whose control the said body may be, shall deliver to such relative or such legal representative the said body, to- gether with the said coffin and box enclosing the same; but in case said body shall not be requested by such relatives until after the same shall have been applied to the purposes 9G STATE OF MICHIGAN. Promo, receipt of bodies other than those provided. Shipment out of state, etc. intended, the remains thereof together with the coffin and box aforesaid shall be delivered without charge: Provided, That the university of Michigan, the Detroit college of medi- cine and the Detroit homeopathic college aforesaid, and each and every other me.dical institution, shall not receive into their possession any bodies procured in this state other than those provided for by the provisions of this act. Every in- dividual or party violating the provisions of this section shall be deemed guilty of a misdemeanor. No such dead body shall be sold or delivered to any person to be taken out of the state, nor shall any such dead body be shipped to any person or place out of the state, with the exception of the provision for reclaimed bodies as aforesaid, or be used within the state for any purpose, except for the prosecution of an- atomical science. Any person violating any of the provisions of this act shall be punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment in the county jail not less than one nor more than three months, or by both such fine and imprisonment in the discretion of the court. Any practicing physician or surgeon of this state, or any medical student under the authority of such physi- cian or surgeon, may have in his possession human dead bodies or the parts thereof, lawfully obtained, for the pur- poses of anatomical inquiry or dissection. Penalty for violation of act. Physicians and surgeons. STATE SANATORIUM. (262) For the act establishing a state sanatorium for the care and treatment of persons afflicted with tuberculosis, see Act 254, P. A. 1905. SPECIAL PROVISIONS FOR CERTAIN COUNTIES. (263) To provide for care of persons afflicted with con- tagious diseases and payment of claims incurred thereby: Baraga, Act 469, L. A. 1903; Bay, Act 469, L. A. 1903; Cheboygan, Act 468, L. A. 1903; Clare, Act 569, L. A. 1905; Delta, Act 469, L. A. 1907; Gogebic, Act 469, L. A. 1903; Huron, Act 302, L. A. 1897; Iron, Act 469, L. A. 1903; La- peer, Act 393, L. A. 1897; Marquette, Act 469, L. A. 1903; Mason, Act 467, L. A. 1903; Monroe, Act 375, L. A. 1907; Ogemaw, Act 363, L. A. 1907; Ottawa, Act 484, L. A. 1905; Saginaw, Act 445, L. A. 1903, Am. 1905, L. A. 657; Sanilac, Act 453, L. A. 1907; and St. Clair, Act 391, L. A. 1895, Am. 1897, L. A. 365. (264) To construct and maintain pest-houses and hospi- tals for contagious diseases: Baraga, Act 274, L. A. 1903; Houghton, Act 460, L. A. 1901; Iron, Act 274, L. A. 1903; and Ontonagon, Act 407, L. A. 1903. LAWS RELATING TO PUBLIC HEALTH. 97 HOSPITAL FOR CONTAGIOUS DISEASES. Wayne county, Act 401, L. A. 1905. CEMETERIES, ETC. (265) Kent county, townships in, may enlarge burying grounds and acquire private property therefor, Act 568, L. A. 1905. Location of cemeteries in Kent county, Act 691, L. A. 1907. Pollution of water in Grand river above Grand Rapids city, Act 532, L. A. 1903. 13 INDEX. INDEX. (References are to Compiler's Sections.) . A. ABATTOIR: Section, maintenance and regulation of, in cities and villages 166, 176 ACTIONS': for abatement of private nuisances 192-6 ALDERMEN : when to be members board of health » 60 ANALYSIS : when bacteriologist to make certain 16 certificate of, of bacteriologist of water 37 act to provide for, of water at university 253-5 ANIMALS : infected, duty of boards of health 120-1 dead, how shall be buried, penalty for not burying 154 inspection of, for food in cities and villages 166 APPROPRIATION : for expenses, etc., state board of health 7 for bacteriological department IS for state medical inspector and state board of health 33 ARTESIAN WELLS: when deemed nuisance, liability of owners 157-9- ASSISTANT SECRETARY : of state board of health, appointment, duties 12-12 B. . . ' ' : BACTERIOLOGICAL EXAMINATIONS : who may require, etc 16 BACTERIOLOGIST : appointment, examinations, etc 14-18 BAGGAGE : disinfection of, infected with communicable disease 23 infected, relative to securing, keeping, etc 71-5 BATHING : village council may regulate 122 city council may regulate 128 BLANKS : for report of tuberculosis, by whom furnished, what to state 90 BLINDNESS : prevention of, of infants, penalty 138, 139 BOARDING HOUSE KEEPER: to give notice of communicable disease, penalty ■ 02 BOARD OF COUNTY AUDITORS: to fix fees, etc., for attendance upon contagious diseases 67 BOARD OF HEALTH: city, to report to state board 8 who to constitute, etc 60 council to exercise powers of 1 31 council may establish 132 state (see state board of health). township, to report to state board 8 of whom to consist, officers, etc 53 to appoint health officer, qualifications, etc 54 to make regulations relative to nuisances, articles conveving con- tagion, etc 55-G interment of dead, purchase of burying grounds 57 burying grounds, to hold in trust, sale of lots, etc 58 regulations of, to be published 59 to prevent spread of communicable diseases 61-4 may restrain travelers from infected districts 69 duty relative to infected baggage, clothing, etc 71-5 bordering on Lakes Michigan, Erie, etc., may establisb quarantine for vessels, duties, etc. g3_§ 102 INDEX. BOARD OF HEALTH — Continued. Section. hospitals, when to provide, removal of infected persons to, etc 103-107 to examine into and prevent nuisances, etc 147-53 may regulate care of privies and water closets, penalty 155-6 proceedings by, to vacate cemeteries 211-3 2, 214-15 village, to report to state board 8 who to constitute, etc 00 when council may establish 120 may regulate care of privies and water closets, penalty 155-0 when, may require bacteriological examination of water, etc 10 local, etc., to observe rules as to contagious diseases, etc 20 when, may remove infected person, provide necessaries, etc. : . . . . 07 in case person cannot be removed 08 Infected article or person, unlawful to bring into township, etc.. without permit of 79-80 tuberculosis, powers and duties of, relative to 89-101 authorizing, to furnish vaccination to inhabitants, etc 108 when, may send indigent person infected with rabies to institute 119 diseases among cattle reported to, duty of 120-1 may sell and convey certain real estate 222 BOARD OF REGISTRATION OF NURSES : who to compose, meetings, compensation, etc 238-49 BOARD OF STATE AUDITORS: allowance of expenses, etc., of state board of health 7 BOARD OF SUPERVISORS: to audit claims for care of- infected persons, and authorize contract with physician 67 duty of, relative to construction, etc., of county sanitarium 256-9 BOATS : quarantine of, in certain townships, duties, proceedings, etc 83-8 BODIES : transportation of dead, for dissection 260-1 BUILDINGS : plans for state, to whom submitted, examination, etc 19 BULLETINS : monthly, showing mortality, etc., in state, by whom issued. 143 U TRIAL LOTS: sale of, by township board of health 58 BURIAL PERMITS: for interring bodies of .dead persons, by whom and when issued 140, 141 IUJRYING GROUNDS: (See cemeteries.) BY-LAWS : township board of health to make, relative to nuisances, etc < 55 C. CATTLE : diseases among, by whom and to whom reported, quarantine, etc 120-1 CEMETERIES : township board of health, duty as to purchase, etc »<-8 In villages, private property may be appropriated for 127 cities may appropriate private property for 133 township board of health may acquire and enlarge, proceedings, etc 197 -210 In townships, proceedings to vacate 211-16 reinterment of dead after vacation of, when made, by whom paid.... 214 reversion of land after vacation of / 215-16 in cities and villages, proceedings to vacate 2YI-Z1 reinterment of dead after vacation of, when made, etc 220 reversion of land after vacation of 221 sale of real estate used as --- township Jboard of health may hold property in trust for upkeep of, and lots 223-0 local provisions relative to, in certain counties 20o CERTIFICATE OF DEATH: who shall obtain • •• • » • «* when, shall be referred to coroner, etc., for Investigation 141 what to contain • • \\% filed with registrar, when transmitted to secretary of state, etc 14.5 time limited for filing of, in certain townships 142, 140 CHILDREN: . , __ . unlawful to expose, or take in infected place t»»-Jj» vaccination of, by whom, etc , - a o act to prevent sale of toy pistols, etc., to _.»u-- f tubereuloua person M STATE HOAKH OP HEALTH: act to establish Ill establishment of, appointment, term, etc •■ duties, meeting, quorum, etc - '■} secretary of, appointment', term, duties 4-7 physicians and clerks of local hoards to report to 8 certain officers, when to furnish information to annual report 10 INDEX. 109 STATE BOARD OF HEALTH— Continued. Section assistant secretary, appointment, duties 12-13 bacteriologist, appointment by, examinations, appropriation 14-18 plans for state buildings submitted to. 19 quarantine, when to establish, to prevent spread of diseases 20 purpose, duration, etc 21 detention of railroad cars, etc 22 disinfection of person and property 23-4 expenses of, publication of rules, etc 25-6 approval of text books on physiology by 27 to designate communicable diseases 29 water works systems, relative to supervision of, by 34-42 plans, etc.. of water works systems filed with, what to show 39 filtration plants to report to 41 to furnish blanks for report of tuberculous patients 90 health officers to notify, of outbreak of disease 134 powers and duties of, relative to registration of embalmers 227-35 secretary of. to keep record of embalmer's licenses 232 STATE BUILDINGS: plans for, submitted to state board of health 19 STATE INSTITUTIONS : bacteriological examinations for 16 STATE LIVE STOCK SANITARY COMMISSION: diseases among cattle reported to, duty 120-1 STATE QUARANTINE LAW: act relative to 20-6 STERILIZATION : of urinals in coaches and vessels 48 STREETS : city council may regulate use of, for stands, traffic, etc 191 SUBREGISTRARS OF DEATHS : licensed embalmers to act as 236-7 SUPERVISOR : relative to investigation of water works, expense. 37-8 member township board of health 50-3 when, to act as health officer 54 T. TEACHERS : to give instruction relative to communicable diseases, penaltv 27-8 TEXT BOOKS : on physiology, space devoted to prevention of dangerous communicable dis- TOILET ROOMS: in depots, etc., care of 46 TOMBSTONES : removal and resetting of, after vacation of cemeteries In townships 214 removal and resetting of, after vacation of cemeteries in cities aud villages. 220 TOWNSHIP BOARD : to be township board of health, meetings 52-3 TOWNSHIP BOARD OF HEALTH: (see board of health). TOWNSHIP CLERK: member township board of health 50-3 TOWNSHIP QUARANTINE : regulations as to, etc 81-8 TOWNSHIPS : spread of communicable diseases in 01-4 prevention of introduction of communicable diseases 79-80 may establish quarantine grounds 81-2 hospitals, may establish 102 who to regulate removal of infected persons, etc 103-7 health officers, act specifying certain duties, etc 134-6 examination into and prevention of nuisances, etc., in 147-53 care of privies and water closets in, by whom regulated, penalty 155-6 dangerous and offensive trades in, who to assign places for 160 proceedings to vacate cemeteries in 211-16 TOY PISTOLS: act to prevent sale of 250-2 TRADES : dangerous and offensive, in cities, etc., assignment of places for, when re- voked, etc 160-2 TRANSIT PERMIT: for shipment of dead not issued, etc., unless accompanied by removal permit. 141 TUBERCULOSIS : powers and duties of boards of health relative to 89-101 declared infectious and communicable disease 89 open cases of 90 premises of persons having, disinfection of 93-5 penalty for false report, etc 99, 101 reporting recovery of person having 100 110 INDEX. U. I XI >ERTAKERS : Section. violating certain provisions as to burial, etc., of dead, punishable 145 relative to registration and licensing of 227-35 UNIVERSITY OF MICHIGAN: person infected with rabies when sent to Pasteur institute at 105 to provide for analysis of water at 253-5 transportation of dead human bodies for dissection 260-1 URINALS : in coaches, etc., care of 40 V. VACCINATION : boards of health authorized to furnish 108-10 VEGETABLES : city council may provide for inspection of 128 VESSELS : quarantine of, etc.. in townships bordering on great lakes, etc 83 8 in harbor, prevention of nuisances, etc., aboard, by township 147 proceedings when township board of health is refused admittance to 151 VILLAGE BOARD OF HEALTH: (see board of health). VILLAGES : prevention of introduction of communicable diseases 79-80 vaccination, furnishing of 108 council of, general powers of 122-G purposes for which private property may be taken 127 health officers, specifying certain duties, etc 134-6 health officers of, to give notice of certain penalties, to whom 137 care of privies and water closets in, by whom regulated, penalty 155-6 dangerous and offensive trades in, who to assign places for 160 meat inspection in 166-76 power of council, to regulate nuisances and offensive trades 177-81 to regulate markets 181-2 relative to construction of drains and sewers 183 proceedings to vacate cemeteries in i 217-21 W. WARRANT: when justice of peace may issue, for removal of infected person 70 justice of peace, when, to issue, for infected baggage, clothing, etc .71 when, may be issued commanding destruction of nuisances, etc 152 to remove or abate a private nuisance 193-4 WATER : analysis of, by bacteriologist 16 slaughter houses in cities, etc., prohibited unless supplied with 1«>:; act to provide for analysis of, at university 25.J-5 WATER CLOSETS : in depots, etc., care of 46 regulating care of, in townships and villages, penalty 155-0 WATERING-TROUGHS : city council may provide for 128 WATER WORKS SYSTEMS: supervision and control of. by state board of health, proceedings, duties.... 34 12 plans and specifications of, where filed, etc •">'•> WELLS : when deemed nuisance, liability of owners 157-0 UNIVERSITY OF CALIFORNIA LIBRARY BERKELEY Return to desk from which borrowed. This book is DUE on the last date stamped below. «u® mmm ummv LD 21-100m-7,'52(A2528sl6)476 PUBLIC HEALTH LIBRARY ■ •SttfC^TT