CORNELL UNIVERSITY LIBRARY L Js^W^ S STATE OF MICHIGAN RELATINO TO THE PUBLIC HEALTH. Compiled and Published undek the Supervision op the Skcretaut op State, in Puksuancb op Joint Resolution No. 18, OP THE Session Laws op 1875. BY AUTHORITY. LANSING : W. S. GEORGE & CO., STATE PRINTERS^ AND BINDERS. 1876. T Compliments of Hemry B. Baker, M. D., Secretary of the State Board of Health, LJJVSIJVG, MICH. L A. W^ S STATE OF MICHIGAN " RELATINQ TO THE PUBLIC HEALTH Compiled and Published cndek the Sufekvision op the Secketaky of State, in Puesitahcb of Joint Resolution No. 18, OF THE Session Laws or 1875. BY AUTHORITY. LANSING : W. S. GEORGE & CO., STATE PRINTERS AND BINDERS. 187^. Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924012470088 PREFATORY REMARKS. This compilation of tlie healtli laws of Michigan is made in pursuance of joint resolu- tion number eighteen, of the Session Laws of eighteen hundred and seventy-five, approved March 20, 1875, in the following words : JOINT KESOLUTION for publishing in pamphlet form all laws relating to the Public Health. Whereas, It is important that health officers, and persons who give immediate atten- tion to sanitary science in this State, should have in a form convenient for reference, all the laws in force in this State relating to the public health ; Besoked by the Senate and Souse of Bepreseniatnes of the State of Michigan, That the Sec- retary of State, immediately after the final adjournment of this Legislature, be authorized and directed to compile and publish, in pamphlet form, all the laws of this State, then in force, relating to the public health ; that he shall cause 3,000 copies of such pamphlet to be printed ; that he shall send one copy to each health officer in this State, and that he shall place one thousand copies in the hands of the Secretary of the State Board of Health for the use of said board. Although the resolution is sufficiently comprehensive in requiring the publication of "all laws relating to the public health," there was yet room for some doubt whether anything further was intended than the publication of laws or portions of laws coming within the administration of health boards. Some acts, however, not coming under this administra- tion, were yet so exclusively in the interest of the public safety and health that they could not be excluded. Another class of acts, as, the Inspection laws, have reference both to the public health and the convenience of commerce, and hence claimed recognition. Another class of acts, namely, those prescribing penalties for the commission of crimes against life and health, bear more or less directly upon the subject. There were, again, the beneficent laws, relating to hospitals, asylums, and public charities. Hence the compiler found himself at the outset confronted with the necessity of exercising a wide discretion. This discretion has been exercised in a liberal spirit toward the object of the work, and where provisions were found whose remoteness seemed to deny them space, they are recog- nized by references at the end of the work. Aside from informing health officers more specifically as to their powers and duties, it is thought that the compilation may show wherein the health laws are deficient, and thereby suggest future legislation, and also that by bringing together the various provisions of law It may, by showing the care which legislation has taken to guard life and health, stimulate health boards to more systematic action, and aid them in securing the cooperation of other officers and persons on whom Incidental duties are imposed, either directly or by implica- tion. The sections of this compilation are numbered consecutively by figures in parentheses at the beginning of each section. The section numbers following are those of the act or statute. The section numbers of the Compiled Laws, so far as the matter is found in the compilation of 1871, are indicated in parentheses at the end of each section. CONTENTS Page. 1. State Board OF Health : Act establishing a State Board of Health 7 II. Social asd Vital Statistics : Act to provide for taking the Censas and Statistics ; Regis- tration of Births, Marriages, and Deaths ; Statistics of the Insane, Deaf, Dumb, and Blind.. 9 III. The Pbesektation or Public Health : Local Boards of Health ; Nuisances ; Precanttons against Contagion; Quarantine; Small Fox and other Dangerous Diseases; Offensive Trades ; Boards of Health in Cities and Villages , 19 IV. Sanitabt Provisions Belatihq to Cities akd Villages : Act for the Incorporation of Cities; Act for the Government of Villages 27 V. Offenses Against the Pijelio Health : Unwholesome Provisions ; Adulteration of Drugs; Poisons; Act to provide against Nuisances 86 TI. Inspection of Provisions and Salt: Beef and Pork; Butter and Hogs' Lard; Fish; Mour and Meal; Salt - 33 VII. The Adulteration op Mile and Beverages : Act to panish the Adulteration of Milk ; Act to prevent the Adulteration of Alcoholic Liquors - - 51 Tin. Importation of Diseased Cattle and Sheep: Act to prevent the introduction of Conta- gious Diseases in Cattle; Act to prevent the importation, etc., of Diseased Sheep 63 IX. Railroads : Certain Duties of the Commissioner of Railroads ; General Police and San- itary Regulations; Act to provide for the better protection of Human Life on Railroads; Lighting of Railway Passenger Cars ; Act requiring notice to be given of Accidents ; Cutting of Decayed and Dangerous Trees; Depredations on Railroads 51 X. Illuminating Oils and Explosive Substances : The Inspection of Illuminating Oils ; Transportation of Explosives ; Keeping of Gunpowder 63 XI. Csheteries in their Relation to Public Health : Vacating Cemeteries; Enlarging the limits of Cemeteries 6T XII. Miscellaneous Provisions: Act to Authorize Boards of Health to dispose of Real Es- tate; Criminal Abortion; Act to prevent the setting of Guns, etc.; Statistics as to the treatment and cure of Inebriates; Drainage; Restrictions as to Marriage; Purity of the Fisheries; Dissection for Scientific Purposes ; Miscellaneous References "2 L^^W^S KELATINft TO THE PUBLIC HEALTH. I. State Boabd of Health — Certain Duties OF Local Boards, etc Superintekdent of Vital Statistics. Act No. 81, Laws of 1S78, p. IM.' Approved April I23 1ST8. STATE BOARD OF HEALTH. (1.) Section 1. The People of the State of Michigan enact. That state boara of a board is hereby established which shall be known under the name Hj§"d. *"*''■ and style of the " State Board of Health." It shall consist of seven members, as follows : Six members who shall be appointed by the Members of, governor with the consent of the senate, and a secretary, as pro- po^t^ '^^' vided in section four of this act. The six members first appointed Term of office, shall be so designated by the governor that the term of oflSce of two shall expire every two years, on the last day of January. There- after, the governor, with the consent of the senate, shall biennially appoint two members to hold their ofiBces for six years, ending January thirty-first. Any vacancy in said board may be filled until vacancy, how the next regular session of the legislature by the governor. *"°''' (3.) Sec. 2. The state board of health shall have the general Duties of. supervision of the interests of the health and life of the citizens of this state. They shall especially study the vital statistics of this state, and endeavor to make intelligent and profitable use of the collected records of deaths and of sickness among the people ; they shall make sanitary investigations and inquiries respecting the causes of disease, and especially of epidemics ; the causes of mor- tality, and the effects of localities, employments, conditions, inges- tia, habits and circumstances on the health of the people. They shall, when required, or when they deem it best, advise ofiScers of 'Title of act: "An act to estabUsh a State Board of Health, to provide for the appoint- ment of a Snperintendent of Vital Statistics, and to assign certain antics to local boards of health." LAWS RELATING TO PUBLIC HEALTH. MeotiDg of board. Quorum. Election of president and the adoption of rules, etc. Election of secretary. Term of office of secretary and his duties. the government, o:^ other state hoards, in regard to the location, drainage, water supply, disposal of excreta, heating, and ventilation of any public institution or building. They shall from time to time recommend standard works on the subject of hygiene for the use of the schools of the state. (3.) Sec. 3. The board shall meet quarterly at Lansing, and at such other places and times as they may deem expedient. A ma- jority shall be a quorum for the transaction of business. They shall choose one of their number to be their president, and may adopt rules and by-laws subject' to the provisions of this act. They shall have authority to send their secretary, or a committee of the board to any part of the state, when deemed necessary to investi- gate the cause of any special or unusual disease or mortality. (4.) Sec. 4. At their first meeting, or as soon as a competent and suitable person can be secured, the board shall elect a secretary, who shall, by virtue of such election, become a member of the board and its executive oflBcer. The board may elect one of their own number secretary, in which case the governor shall appoint another member to complete the full number of the board. (5.) Sec. 5. The secretary shall hold his office so long as he shall faithfully discharge the duties thereof, but may be removed for just cause at a regular meeting of the board, a majority of the members voting therefor. He shall keep his office at Lansing, and shall perform the duties prescribed by this act, or required by the board. He shall keep a record of the transactions of the board; shall have the custody of all books, papers, documents and other property belonging 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 through- out the state. He shall collect information concerning vital statis- tics, knowledge respecting diseases, and all useful information on the subject of hygiene, and through an annual report, and other- wise, as the board may direct, shall disseminate such information among the people. (6.) Sec. 6. The secretary shall receive an annual salary which shall be fixed by the state board of health. The board shall quar- terly certify the amount due him, and on presentation of said cer- tificate the auditor general shall draw his warrant on the state treasurer for the amount. The members of the board shall receive no per diem compensation for their services, but their traveling and other necessary expenses while employed on the business of the board shall be allowed and paid. (7.) Sec. 7. The sum of four thousand dollars per annum, or so much thereof as may be deemed necessary by the state board of health, is hereby appropriated to pay the salary of the secretary, Salary of secre- tary. Expenses of board. Appropriation. SOCIAL AND VITAL STATISTICS. meet the contingent expenses of the office of the secretary, and the expenses of the board, which shall not exceed the sum hereby ap- propriated. Said expenses shall be certified and paid in the same manner as the salary of the secretary. CERTAIN DnTIES OF LOCAL BOARDS, ETC. (8.) Sec. 8. It shall be the duty of the health physician, and also Heaitiipiiy- of the clerk of the local board of health in each township, city, cierks*of°ooai and village in this state, at least once in each year, to report to the to"'fate'boM^** state board of health their 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 required to do so by the state board of health. (9.) Sec. 9. In order to afford to this board better advantages for Duty of state obtaining knowledge important to be incorporated with that col- skian^'etorto lected through special investigations and from other sources, it I^^^qJ '"'"' 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 is 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 bet- ter to perform its duties of collecting and distributing useful knowl- edge on this subject. SUPEEIJSTTEXDENT OP VITAL STATISTICS. (10.) Sec. 10. The secretary of the state board of health shall secretory to be V I . ,,„., ,,..T-rT IT superintendent be the superintendent of vital statistics. Under the general direc- of vital statistic*. tion of the secretary of state, he shall collect these statistics, and prepare and publish the report required by law relating to births, marriages, and deaths. (11.) Sec. 11. The secretary of state shall provide a suitable Boom for use of room for the meetings of the board at Lansing, and office room for '"""^'^' its secretary. II. Social and Vital Statistics. ACT TO PROVIDE FOR TAKING THE CENSUS AND STATISTICS OF THE STATE Laws of 1853, p. 60. Approved Febrnaiy 9, 1853. (12.) Sectiost 1. The People of the State of Michigan ewad. Duty of super- That it shall be the duty of the supervisor of each township and JeBs"8''t'o^tlk8 ward, and assessor of each assessment district, at the time of taking jiju^'""* *'*" a list of the taxable property, or between the first Monday of 3 10 LAWS RELATING TO PUBLIC HEALTH. April and third Monday of May, in the year one thousand eight hundred and fifty-four, and every ten years thereafter, to go to every dwelling-house in their respective township, ward or assess- ment district, and by personally inquiring of the head of every family, or some competent person, to ascertain and take an enu- meration of all the inhabitants therein (except uncivilized Indians belonging to some tribe), in the following order, to wit: The names of all males of the age of twenty-one years and under forty-five (designating the married from the unmarried) ; the names of those of forty-five and under seventy-five ; the names of those of seventy- five and under ninety ; the names of those of ninety and under one hundred ; and the names of those over one hundred ; the num- ber of females of the age of eighteen years and under forty (desig- nating the married from the unmarried); the number of the age of forty and under seventy-five ; the number of the age of seventy- five and over ; the number of children under the age of five years ; the number of the age of five and under ten (designating the males from the females) ; the number of males of the age of ten and under twenty-one, and the number of females of the age of ten and under eighteen ; the number of colored persons ; the num- ber of blind; the number of deaf and dumb; and the number of Insane persons and idiots ; the number of marriages and the num- ber of deaths the preceding year, as near as can be ascertained; and the occupation or profession of all males over twenty-one years of age.— (§793.) Duty of super- (13.) Sec. 2. And it shall also be the duty of the supervisors and MssOTs^to collect assessors of each city and township, at the time mentioned in the BtatisHcB. preceding section for taking the census of his township or ward, to ascertain and set down in a table prepared for that purpose the whole number of acres of taxable land; the whole number of statistics to be acres of land owned by individuals and companies ; the number of acres improved ; the whole number of acres of land exempt from taxation, and for what cause, and its value ; the number of acres sowed with wheat then on the ground; the number of acres and the number of bushels of corn harvested the preceding year; the number of acres harvested and the number of bushels of wheat raised the preceding year; the number of bushels of all other kinds of grain ; the number of bushels of potatoes and the number of tons of hay the preceding year; the number of acres planted with the following varieties of trees: peach, pear, apple, plum, cherry; the number of acres planted with grape vines, with raspberry canes, strawberry plants, currant and gooseberry bushes ; and the number of acres planted with melons and with garden vegetables, and the quantity of each of the following articles produced during each of the two preceding years : apples, peaches, pears, plums, cherries, grapes, strawberries, currants, gooseberries, melons and garden vegetables, and the value thereof as nearly as it can be ascertained; the number of sheep, and the number of pounds of wool sheared the preceding year; and the number of sheep and the number of swine over six months old; and the number of pounds of pork marketed; the number of neat cattle (other than oxen and cows) DoUectod. SOCIAL AND VITAL STATISTICS. 11 one year old and over; the number of horses one year old and over; Mom. the number of mules; the number of work oxen and the number of milch cows; the number of pounds of butter and cheese made the preceding year ; the number of pounds of sugar manufactured the present year; the number of pounds of fruit dried for market; the number of cans of fruit and vegetables canned for market du- ring the preceding year; the number of cans of pickles manufac- tured for market; the number of pounds of peppermint oil manu- factured the preceding year; the number of flouring mills, and the number of runs of stone in each ; the number of barrels of flour made by each the preceding year; and the number of oil mills, and the number of gallons of oil made the preceding year; the number of breweries, and the number of barrels of beer made the preceding year; the number of distilleries, and the number of gallons of liquor made the preceding year ; the number of gallons of wine made the preceding year; and the number of barrels of cider made the pre- ceding year; and the number of barrels of fish caught the preceding year, and the amount of capital invested ; the number of sawmills, and the number of feet of lumber sawed by each the preceding year and the amount of capital invested; the number and kind of all manufactories, the number of persons employed in each, the amount of capital invested and the value of the products for the past year, designating the number of said mills and factories operated by steam and the number by water power; the number of mines worked, the amount of capital invested, and the number of men employed, specifying the kind of mineral, the aggregate quantity in pounds, and its valuation at the place of mining; the amount of capital invested and the number of men employed; and the value of all the merchandise imported the preceding year for the purpose of sale.' — (§793.) (14.) Sec. 3. The secretary of state shall prepare proper blanks Duty of Bocre- for taking the census and statistics, and shall transmit to the sev- *'"'?'''''*'*• eral county clerks of all the orangized counties of the state a sufficient number for each township, ward, or assessment district in each county, on or before the first day of January, in the year , of our Lord one thousand eight hundred and fifty-four, and every tenth year thereafter; and it shall be the duty of the county clerk to receive and retain the same in his office, and, on or before the second Monday in April next thereafter, cause to be delivered to the supervisor of each township and ward, and assessor of each assessment district in the county, a sufficient number of said blanks for the supervisor or assessor to take the census of his town- ship, or ward, or assessment district (as the case may be), and to naake a condensed statement thereof, as prescribed in the next succeeding section. — (§794.) (15.) Sec. 4. It shall be the duty of each supervisor and asses- census andoi*- Bor to condense the census and statistics of his township, ward, or ^^^eibyt^"'^' assessment district, so as to show the aggregate number of each p°j''JJ|°J™* ' As amended by Act No. 101, Session Laws of 1878, i;. 132. The provisions of this sec- tion relate more to industrial than to social or vital statistics, although the two are so inti- mately connected that it is thought proper to Include the entire act. 13 LAWS EELATINa TO PUBLIC HEALTH. class, to write out distinctly the names of all male_s over the age of twenty-one years ; and when so arranged, he shall make duplicate copies, and personally deliyer or forward the same to the county clerk of their respective counties, on or before the first day of Dnty of connty July uext thereafter; and it shall be the duty of the county *'"''■ clerk to forthwith seal up one copy and send it by mail to the secretary of state, aud the other he shall file and carefully preserve in his office.— (§795.) When person to (16.) Sec. 5. If any supcrvisor or assessor shall be sick, or oth- dotSe'liii'tyof'' crwisc Unable to perform, or omit to perform the duties required by assMBor.""" this act, the township or city board shall immediately appoint a suitable person to do the duties of such supervisor or assessor, who shall take and subscribe the constitutional oath before entering upon the duties of his office. — (§796.) Penally for neg- (I'''-) Sec. 6. Any supcrvisor or assessor neglecting or refusing, leotof duty. without good cause shown, to perform all the duties prescribed in this act, shall forfeit the sum of one hundred dollars, to be recov- ered by an action of debt, in the name of the people of the state of Michigan, for the use of the county where such failure occur- red.— (§797.) Prosecnting (18-) Sbo. 7. It shall be the duty of the county, township, or 'mtorililuKs" ^^^y clerk (as the case may be), to notify the prosecuting attorney of the county of any forfeiture under this act, who shall immedi- ately commence a suit for the recovery thereof, and prosecute the same to a final termination.— t(§79S.) ooropcnsation of (19-) Sec. 8. The Supervisor of each township and ward, and Msewor."*"^ the assessor of each assessment district shall be allowed, in addi- tion to the sum allowed by law for taking the assessment of his township, ward, or assessment district, two dollars for every one hundred persons by him returned, if the number shall exceed one thousand and five hundred, and two dollars and fifty cents per hundred for any number less, and ten cents per mile for conveying the returns to the county clerk's office, which shall be in full for all services performed under the provisions of this act; and the sum due each supervisor and assessor for services, shall be calcu- lated at the rate aforesaid by the county clerk to which the proper returns are made, and his certificate of the amount due shall be ProTis*. paid by the treasurer of said county: Provided, That before a supervisor or assessor shall be entitled to receive any compensa- tion, he shall attach a certificate to each copy of said returns Certiflcaieto sigucd by him, in the following form, to wit : " I do hereby certify returns. jjj^(. (jjg census and statistics set forth in the schedule hereunto annexed, has been consolidated and arranged from enumeration and statistical lists, made by actual inquiry at the dwelling, or per- sonal inquiry of the head of every family, or of a competent per- son acquainted with the facts, by myself, in the township of..." or ward number in the city of or assessment district in the city of (as the case may be), and that the said schedule has been made in every respect in con- formity with the act for taking the census and statistics for the year eighteen hundred and fifty-four, and every tenth year there- BIRTHS, MARRIAGES, AND DEATHS. 13 after, and the amendments thereto, and is correct and true, accord- ing to the best of my knowledge and belief.'" — :§799.) (20.) Sec. 9. The secretary of state shall condense, in a tabular Report by seo- form, the census and statistical returns made to him, and, as soon'°"^° as may be, cause six thousand copies to be published and bound, and transmit four copies to each organized township in the state, Diatributioa one for the use of the supervisor, one for the use of the township "'"™'- ■clerk, and two to be deposited in the township clerk's office; and twenty-five copies to the mayor of the city of Detroit, and ten copies to the mayor of every other city in the state, and two cop- ies to the president of each incorporated village, for the use of the several city and village libraries. He shall also cause one hundred copies to be deposited in the state library of this state, and also transmit one copy to each of the members of this legislature, and its officers : Provided, That in counties having less than five ptotIso. thousand inhabitants, the supervisor in each town shall be enti- tled to three dollars for taking the census and statistics in his town, extra.''— (§800.) (21.) Sec. 10. In the city of Detroit, the common council shall of'D™roitto"" appoint a person in each ward to discharge the duties required appoint, by this act to be performed by the supervisor of each town- ship or ward : Provided, There is no assessor elected in said Proviso, wards.— (§801.) *(23.) Sec. 11. It shall be the duty of the persons required in J>\™°''°'"' this act to take said census, to have the several columns of figures footed, and the aggregate amount put down. — (§802.) (23.) Sec. 13. That the governor appoint marshals to take the Governor to census in the unorganized territory not otherwise provided in this sffi in certain act, who shall receive such compensation as the board of supervis- °''^"- era of the organized county to which such unorganized territory is attached for judicial purposes shall allow. — (§803.) REGISTKATION OF BIETH3, MARRIAGES, AND DEATHS. Laws of 1807, p. 206. ApprovedlMarcli 27, 1867. (24.) Section 1. The People of the State of Michigan eMffc^, Datios of mper- That it shall be the duty of the supervisor of each township, and Jefaors!"* "'" the supervisor or assessor of any city or ward therein, in this state, between the tenth day of April and the first day of June, in the year eighteen hundred and sixty-nine, to ascertain, by actual in i869 rotnms inquiry or otherwise, of the inhabitants thereof, the births and AVriistnOa'"" deaths which have occurred in their respective townships, cities, <^="''>"*i>i^^- or wards, from and including April fifth, eighteen hundred and sixty-eight, to and including December thirty-first, eighteen hun- dred and sixty-eight, together with the facts relative thereto as are hereinafter provided for, and shall make an accurate return thereof Eetam to wunty to the clerk of the county in which such township or city is sit-"'"''^" Tiated, on or before the first said day of June; and for sudh service ehall receive ten cents for each birth and death so returned by ' vide note to coDSccntive section 18. > As amended by Act lui, Laws of 1873, p. 132, and Act 68, Laws of 1875, p. 79. 14 LAWS RELATING TO PUBLIC HEALTH. them, to he paid by the comity in which such returns are made. In the year eighteen hundred and seventy, and in each and every year thereafter, it shall be the duty of the officers above mentioned, between the tenth day of April and the first day of June, to ascer- tain, by actual inquiry or otherwise, of the inhabitants thereof, the births and deaths which have occurred in their respective town- ships, cities, or wards, during the year ending on the last day of the preceding December, and shall make the return, and receive therefor the compensation above provided for : Provided, That in the city of Detroit, the duties required by this act to be performed by supervisors and assessors shall be performed by persons appointed by the common council for that purpose; and it shall be the duty of the common council, on or before the tenth day of April, in each year, to appoint such number of persons in each ward of said city, as shall be necessary to perform said duties within the time limited by this act; and such persons shall possess all the authori- ty conferred upon, and perform all the duties required of supervisors and assessors by this act, within the territory assigned them, respect- ively, by the common council, and shall receive such compensation for their services, not exceeding the sum allowed by this act to supervisors and assessors, as shall be fixed by the common council, to be paid by the county of Wayne, and shall be liable to the same penalties for refusal or neglect to perform any of said duties.' — (§810.) (25.) Sec. 2. Every justice of the peace, minister of the gospel, and all other persons authorized by law to solemnize marriages in this state, shall make a record of each marriage so solemnized by him, and every clerk or keeper of the records of the meetings in which any marriage among the Friends or Quakers shall be solem- nized, shall make a record of such marriage, together with all the facts relating to the same, as required by the third section of this act; and such justice, minister of the gospel, clerk, or other per- son, shall, at the time such marriage is solemnized, deliver on demand, to either of the parties so joined in marriage as aforesaid, a certificate of such marriage containing all the facts in relation thereto required by said third section of this act, and shall within ninety days thereafter deliver to the clerk of the county in which such marriage took place, a certified copy of such record, and at the same time pay to the clerk twenty-five cents for recording the same. — (§811.) (26.) Sec. 3. lb shall be the duty of the county clerks of the several counties in this state, on receiving the returns of such births, marriages and deaths, to record the same at length in sepa- rate books, to be provided at the expense of the state by the sec- retary of state, for that purpose, with proper indexes thereto. The births, marriages, and deaths shall be numbered and recorded in the order in which they are received by the clerk, and the record of marriages shall be indexed, using both the name of the bride- groom and bride. The record of births shall state, in separate columns, the date of the birth, the name of the child (if it have In 1870 and thereafter, re- tarns to Include from January to December last preceding. Statistics, hotr obtained. Compensation. Proviso relating to the citj of Detroit. Duty of com- mon council. Persons to be appointed by. Cotnpensatlon of persons so ap- pointed. How paid. Penalties. Marriages to be recorded. Marriage of Quakers. Certlfleatcs to be famished. Fee for record- ing. County clerks, duties of. Births, mar- riages, and deaths to be numbered and Indexed. What record of births shall state. ' As amended by Act 126, of the Laws of 186!», p. 214. BIRTHS, MAEEIAGBS, AND DEATHS. 15 any), the sex and color of the child, the place of birth, the Chris- tian and surname of both parents, the residence and nativity of the parents, the occupation of the father, and the date when the record was made : Provided, That in case the child has no Chris- Proviso, tian name, such name shall be obtained and reported to the county clerk in the next annual report of the supervisor or assessor, and such Christian name shall be distinctly designated in such report as the Christian name belonging to a child previously reported, and ahall be properly entered by said county clerk, in the blank left for such Christian name in his book of record ; and it shall be the duty of the several county clerks, on or before the tenth day of April in each year, to give to the officers required to make the said returns, lists of such children whose Christian names have not been previously reported in their respective towns, cities, or wards. The record of marriages shall state, in separate columns, the date what record of and place of marriage, the Christian and surname of the bride- Xfe!*^^" * ■ groom and bride, and the maiden name of the bride, if a widow, the color, age, and place of birth of each, the residence of each at the time of marriage, the occupation of the bridegroom, and the name and ofiQcial station of the person by or before whom they were married, the names and residences of at least two witnesses present at such marriage, and the date when such record was made. The record of deaths shall state, in separate columns, the date of what record of the death, the Christian and surname of the deceased, the sex and f^t'^!' ^^^ color, whether married or single, the age in years, months, and days, the place of death, the disease or apparent cause of death, the nativity of the deceased, and the occupation, if any, and the names, residence of the parents, if known, and the date when such record was made. The clerks of the several counties shall Eetum of oomity annually, on or before the first day of September, make and trans- '''^'■^■ mit to the secretary of state a certified copy of the records in his oflBce of all the birtl^s, marriages, and deaths reported in their respective counties for the year ending December thirty-first, last preceding. And each county clerk shall receive for the record compensation, of each birth and death in his office three cents, and three cents for each birth, marriage, and death returned by him to the secretary of state, to be paid by the county, and shall be compen- eation in full for all services required by this act to be performed by him.^— (§812.) (37.) Sec. 4. The secretary of state shall prepare and furnish secretary of to the county clerks of the several counties in this state, blank ^^^' ^"^"'^ "'• books of suitable quality and size, with proper rulings and head- ings, to be used as books of record in carrying into effect the pro- visions of this act. He shall also prepare and furnish blank "forms of returns," as hereinbefore specified, accompanied with such instructions and explanations as may be necessary to insure uniformity in such returns, which blanks shall be forwarded to the several county clerks on or before the first day of March in each year; and the said county clerks shall deliver the same to T " * " — "" ■ " ' ■-■-■■ ■■ ■ .— ■■.I..I.I I II . —. ^ ,. .....i. - i ...*. — — 1 Tide note to section 1 of this act. 16 LAWS EBLATING TO PUBLIC HEALTH. Botind volnmeg of reports. Secretary of Btate^s report to gQverDor. Neglect to keep records. Neglect to de- liver certificates or shall make false entries. the supervisors or assessors of the several townships, cities, or wards therein, in their respective counties, on or before the tenth day of April.'— (§813.) (28.) Sec. 5. It shall be the duty of the secretary of state to receive the returns made in pursuance of the third section of this act, and he shall cause the same for each year to be bound together, in one or more volumes, at the expense of the state, and make indexes thereto ; and with such assistance as may be voluntarily rendered by any authorized committee appointed by the medical faculty of the university of Michigan, or by any regularly author- ized medical society in this state for that purpose, he shall pre- pare such tabular statements, results, and deductions therefrom as will render them of practical utility, and make report thereof, annually, to the governor of the state, which report may be ordered published and distributed in such manner as the legisla- ture may from time to time direct. — (§814.) (29.) Sec. 6. Every justice of the peace, minister of the gospel, and all other persons authorized by the laws of this state to sol- emnize marriages, and clerks or keepers of records of the meet- ings in which any marriage among the Friends or Quakers shall be solemnized, who shall neglect or refuse to make a record of such marriage, or to deliver to the county clerk of the county in which the marriage took place, a certified copy of such record, or who shall refuse, on demand, to deliver to the parties to such marriage the certificate thereof, as required by section two of this act, or who shall willfully make a false or fictitious entry in his record of marriages, or in the certified copy of such record delivered to the county clerk, or in the certiQcates of marriages delivered to the parties thereto, shall be deemed guilty of misdemeanor, and upon conviction thereof shall be punished by fine not exceeding one hundred dollars, and in default of paying the same, shall be im- prisoned in the county jail of the county in which such conviction shall be had, until said fine be paid, but not to exceed the period of ninety days. — (§815.) (30.) 8ec. 7. Every physician, surgeon, or midwife, who shall have been in attendance upon any deceased person, shall, upon application of any supervisor or assessor of the township, city, or any ward thereof, in which such death occurred, make out and deliver to such supervisor or assessor a certified statement, without fee, containing the name of the disease or cause (if known), pro- ducing the death of such person ; and any medical attendant who shall neglect or refuse to give such statement, or who shall will- fully make a false statement in relation to such death, shall, for such offense be liable to pay a fine of not less than ten nor more than fifty dollars, and the costs of prosecution, which fine the said supervisor or assessor is hereby required to sue for and collect in his official character. — (§816.) (31.) Sec. 8. It shall be the duty of each supervisor or assessor to obtain the facts in relation to births and deaths within his town- Penilty. Certiflcate of death. Contents. Bernsal to make certificate. Penally. Facts' to be ob- tnlned by super- ▼iBor. I Vide DOto to 'section 1 of this act. BIRTHS, MARRIAGES, AND DEATHS. 17 ship, city, or any ward therein (not otherwise obtained), from the heads of families, the keepers, overseers, or superintendents of asy- lums, hospitals, jails, prisons, workhouses, almshouses, houses of correction, and similar institutions, the keepers of hotels, public and private boarding-houses, and the masters or chief officers of steamboats and sail vessels navigating any of the waters of this state and touching at any port of entry therein, in which such births or deaths occurred ; and if either of the above-named per- Ecfnsai to far- sons shall refuse to give such information, then the same shall be "'*''• obtained by such supervisor or assessor from any person having a knowledge of the facts in relation to such birth or death; and if Obtained ander the supervisor or assessor shall have reason to believe that any per- """"■ son or persons willfully misrepresented or concealed any facts rela- tive to such birth or death in his township, city, or any ward therein, which he cannot otherwise obtain, he may examine such person or persons on oath (which oath such supervisor or assessor is hereby empowered and authorized to administer), in relation to any birth ■or death \^ithin his township, city, or any ward therein, of which each person or persons may have any knowledge or information ; and if any person, after being duly subpoenaed (as provided for Neglecting to compelling the attendance of witnesses in justices' courts) by such pron"!"*"''' ■supervisor or assessor, for the purposes aforesaid, shall neglect or refuse to appear before such officer, or appearing shall refuse to be sworn and testify in relation to such matter, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be Penalty, punished therefor by fine not exceeding fifty dollars, and in default of paying the same, shall be imprisoned in the county jail of the county in which such conviction shall be had until said fine be paid, but not exceeding ninety days; and any person who, after perjury. being duly sworn as aforesaid, shall willfully make any false state- ment in relation to any birth or death, about which he is required to testify, shall be deemed guilty of willful and corrupt perjury: Provided, That no person shall be required to answer any ques- rroriso. tion which will tend to criminate himself or herself upon any such examination. — (§817.) (33.) Sec. 9. In case of the refusal or neglect by any of the offi- Neglect to per- c'ers mentioned in this act, to perform any of the duties hereinbe- •■"™daties. ■fore required of them or either of them, to be done and performed by any of the provisions herein contained, such officer shall be penalty, liable to a fine not to exceed one hundred dollars, and the costs of prosecution ; and the prosecuting attorney in each county is hereby required to prosecute, in the name of the people of the state of M ichigan, all persons in his county who shall willfully vio- late any of the provisions of this act; and the said supervisor or ^jj^^^i^jg^^^^ assessors of any township, city, or any ward therein, may be prose- cuted for a misdemeanor under this section, and upon conviction punished as therein provided for. — (§818.) (S3.) Sec. 10. Sections three thousand two hundred and thir- sections repealed teen, three thousand two hundred and fourteen, three thousand two hundred and fifteen, and three thousand two hundred and six- 3 18 LAWS EELATING TO PUBLIC HEALTH. teen, of the compiled laws of eighteen hundred and fifty-seven be and the same are hereby repealed. — (§819.) Compensation of (34.) Sec. 10 [11]. The Several supervisors and assessors of the townships, villages, and cities in this state, who have made any returns of births and deaths to the county clerk of their respective counties for the year eighteen hundred and sixty-eight, and have not received the amount of compensation as provided for in this act, shall be paid therefor at rates set forth in the preceding sec- tions. And such county clerks as have made returns of the births, marriages, and deaths to the secretary of state for the year eight- een hundred and sixty-eight, and who have not received compen- sation therefor, shall be paid for the same at the rates set forth in the preceding sections.^ — (§830.) BDperTisors and assessors for 1868. CoBnty clerks. Snpervisors or assessors to col- lect statistics relative to the Insane, deaf, dnmb, and blind. Blanks contain- ing statistics to be delivered to connty clerk. Clerk to forward forthwith to •ecretary of atate. Secretary of state and county clerks to dis- tribute this act and blank re- turns. STATISTICAL INFORMATION Off THE INSAHE, DEAF, DUMB, AND BLIND. Laws of 1873, p. 145. Approved April 17, 1878. (35.) Section 1. It shall be the duty of the supervisor* or as- sessor of each township and ward in this state at the time of mak- ing his general assessment and assessment roll for his township or ward in each year, to ascertain and set down in a blank pre- pared for that purpose, the names of all insane, deaf, dumb, and blind persons in his township or ward, showing the person's age, general health, habits, and occupation ; the kind, degree, and dur- ation of such af&iction; the sex; whether married or single or •widowed ; whether under medical treatment ; the pecuniary ability of the person thus afflicted, and of the relatives of such person liable for his or her support, and such further information relative to these classes of persons as may be thought useful. Such super- visor or assessor shall deliver said blank to the county clerk of his county on or before the fifteenth [day] of June, and the county clerk shall forthwith transmit said blank to the secretary of state, who shall present an abstract of the information thus obtained to the governor on the thirtieth day of September, or as soon as prac- ticable thereafter.'' (36.) Sec. 2. The secretary of state shall as soon as practicable after the passage of this act, transmit to each county clerk of this state, a sufficient number of copies of this act to furnish each su-^ pervisor or assessor of his county with one ; also a sufficient num- ber of blanks to be prepared by him, to be used in carrying out the provisions of this act. The county clerk of each county shall, on receiving the same, immediately distribute said copies and blanks to the supervisors or assessors of his county. The secretary shall each year thereafter, before the first day of April, transmit to each county clerk a sufficient number of blanks, to be distributed by such clerk to the supervisors or assessors of his county, to be used in carrying out the provisions of this act. 1 As added by Act 126 of the Laws of 1869, p. 214. 2 As amended by Act 62, Laws of 1875, p. 48. The amendatory act omits the enacting clanse from the seclion as amended. LOCAL BOAEDS OF HEALTH. 19 III The Peeseetation of Public Health. Chapter thirty-five of Eevised Statutes of 1840. LOCAL BOAEDS OF HEALTH. . (37.) Section 1. The supervisor and justices of the peace of Board of health, every tovraship, respecting which no other provision is or shall be made by law, shall be a board of health for their respective town- ships, and the township clerk shall be the clerk of such board, and shall keep a record of their proceedings in a book to be pro- vided for that purpose at the expense of the township.' — (§1692.) (38.) Sec. 2. Every board of health may appoint a physician to Appointment of the board, who shall be the health officer of his township, and Sfs cot^£5- sball hold his office during their pleasure, and they shall establish tion.eto. his salary, or other compensation, and shall regulate all fees and charges of every person employed by them in the execution of the health laws, and of their own regulations. — (§1693.) (39.) Sec. 3. The board of health' shall make such regulations Eegniations re- respecting nuisances, sources of filth, and causes of sickness, of"iftnes"eto' within their respective townships, and on board of any vessels in their ports or harbors, as they shall judge necessary for the pub- lic health and safety; and if any person shall violate any such regulations, he shall forfeit a sum not exceeding one hundred dol- lars.— (§1694.) (40.) Sec. 4. The said board shall also make such regulations as Respecting arti- they may deem necessary for the public health and safety, respect- convejSngoon- ing any articles which are capable of containing or conveying any tagion, etc. infection or contagion, or of creating any sickness, when such articles shall be brought into, or conveyed from, their township, or into or from any vessel ; and if any person shall violate any such regulation, he shall forfeit a sum not exceeding one hundred dollars.— (§1695.) (41.) Sec. 5. The said board shall also make all regulations onty of board which they may deem necessary for the interment of the dead, and cha'seo'/buryiiig respecting burying-grounds, for their township; and it shall also grounds. be the duty of said board to purchase in each surveyed township so much land for burying-grounds as shall be necessary for bury- ing the dead of such township, provided suitable grounds therefor can be found and procured within the township, and if not, they shall then provide such grounds in the nearest adjoining township where such suitable grounds can be procured.' — (§1696.) (43.) Sec. 6. The board of health of the township for which Board to hold such burying-grounds shall be procured, and their successors jq '""ds m trust. > Se.e consecutlre section 85, as to boards of health in cities and villages. See also con- secutive sections 44 and 45, as to certain duties of local boards. > As amended by Act 142 of the Laws of 1859, p. 396. See " Cemeteries in their relation t» public health," this compilation, chapter XI. 20 LAWS EELATING TO PUBLIC HEALTH. paid. PrOTiso. office, shall bold the fee of such land in trust for such township ; and they shall keep the same, or so much thereof as shall be nec- essary, surrounded with a good and substantial fence; the expenses Bit])»nses, how of the pnrchase of such lands, and of fencing and regulating the same, to be certified to the town board by the board of health, and, by the town board, provided for as a part of the contingent expenses of the township: 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 improvement of said grounds, certifying the amount of all such sales and ex- penditures to the township board as above provided.' — (§1697.) (43.) Sec. 7. Notice shall be given by the board of health of all regulations made by them, by publishing the same in some news- paper of the township, if there be one published therein, and if not, then by posting them up in five public places in such town- ship ; and such notice of said regulations shall be deemed legal notice to all persons.— (§1698.) Notice of regu- lalioDS, how pablished. Board to exam- ine into nuiS' anceB, etc.. and destroy, remove, or prevent the eame. ProceedlDga, if niiifinnce, etc., foand on private property. When nuisance, etc., to he re- moved by board at expense of owner, etc. Conrt mny or- der nnisance re- moved in certain cases. 8 Mich. 117. Proceedings wben admtt- tance oT board to bnlldini; or vessel is refused. NUISANCES.! (44.) Sec. 8. The board of health shall examine into all nui- sances, sources of filth and causes of sickness that may, in their opinion, be injurious to the health of the inhabitants within their township, or in any vessel within any harbor or port of such town- ship; and the same shall destroy, remove, or prevent, as the case may require. — (§1699.) (45.) Sec. 9. Whenever any such nuisance, source of filch, or cause of sickness shall be foundon private property, the board of health shall order the owner or occupant thereof, at his own expense, to remove the same within twenty-four hours ; and if the owner or occupant shall neglect so to do, he shall forfeit a sum not exceeding one hundred dollars. — (§1700.) (4G.) 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 incuri-ed thereby shall be paid by the said owner or occupant, or by such other person as shall have caused or permitted ' the same.— (§1701.) (47.) Sec. 11. Whenever any person shall be convicted on an indictment for a common nuisance that may be injurious to the public health, the court may, in its discretion, order it to be re- moved or destroyed, at, the expense of the defendant, nnder the direction of the board of health of the township where the nui- sance is found; and the form of the warrant to the sheriflfor other ofiicer may be varied accordingly.— (§170i.) (48.) Sec. 12. Whenever the board of health shall think it nec- essary for the preservation of the lives or health of the inhabitautii 1 As amended by Act 142 of the Laws of 18^9, p. topubllcheallh,"ihl8 compilation, chapter XL a Boo act to provide against nuisances, this compUallon, chapter V. 8ee "Cemeteries in their telatioa PKECAUTIONS AGAINST CONTAGION. 31 to enter any building or vessel in their township, for the purpose of examining into and deatroying, removing, or preventing any Hnisauce, source of filth, or cause of sickness, and shall be refused snch 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. — (§1703.) (49.) Sec. 13. Such justice may thereupon issue a warrant idem, 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 sun- rise and sunset, to repair to the place where such nuisance, source of filth, or cause of sickness complained of may be, and the same destroy, remove, or prevent, under the direction of such members of the board of health.- (§1704.) (50.) Sec. 14. The board of health may grant permits for the Board may pcr- removal of any nuisance, infected article, or sick person within the SkcMarticSos, limits of their township, when they shall think it safe and proper ""• EG to do.— (§1705.) pbecahtions against contagion. (51.) Sec. 15. When any person coming from abroad or residing Board t3 make in any township within this State, shall be infected, or shall lately ?enl spread o/*" before have been infected, with the small-pox, or other sickness smau-pox, etc dangerous to the public health, the board of health of the town- ship where such person may be shall make eflfectual provision in the manner in which they shall judge best for the safety of the inhabitants, by removing such sick or infected person to a separate s Mich. Eep. 475. house, if it can be done without danger to his health, and by pro- viding nurses and other assistance and necessaries, which shall be at the charge of the person himself, his "parents, or other person who may be liable for his support, if able ; otherwise, at the charge of the county to which he belongs. — (§1706.) (53.) Sec. 16. If any such infected person cannot be removed Pravision in casa without danger to his health, the board of health shall make pro- cao^not be r"""' vision for him as directed in the preceding 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 inhab- itants.— (§1707.)" (53.) Sec. 17. The board of health of any township near to or Board may re- bordering upon either of the neighboring States, may appoint, by c'SsTrooTiB- writing under their hands, suitable persons to attend any places by *■«"«* districts. which travelers may pass from infected places in other States; and the persons so appointed may examine such passengers as they may anspect of bringing with them any infection which may be dan- gerous 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 com- ing Irom such infected place, who shall, without license as afore- said, travel within this state, unless it be to travel by the most 23 LAWS EELATING TO PUBLIC HEALTH. direct way to the state from whence he came, after he shall be, cautioned to depart by the persons appointed as aforesaid, shall' forfeit a sum not exceeding one hundred dollars. — (§1708.) EemoTai of (54.) Sec. 18. Any two justices of the peace may, if need be, persons infected. ^^^^^ ^^^ ^ warrant under their hands, directed to the sheriff or any constable of the county, requiring him, under the direction of, the board of health, to remoye any person infected with conta- gious sickness, or to take possession of convenient houses and lodgings, and to provide nurses, attendants, and other necessaries for the accommodation, safety, and relief of the siclj. — (§1709.) Infected bag- (55.) Sec. 19. Whenever, on application of the board of health, fnfgoid^ho'w it shall be made to appear to any justice of the peace that there is •ecured. ' jngt cause to suspect that any baggage, clothing, or goods of any kind found within the township are infected with any disease which may be dangerous to the public health, such justice of the peace shall, by warrant 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 bag- gage, clothing, or other goods, and to post said men as a guard 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 cir- cumstances thereof. — (§1710.) Impressing (56.) Sec. 30. The Said justice may also, by the same warrant, keep?ng\n?ecie'd ^^ ^^ ^^^^^ appear to him necessary, require the said officer, under goods. the direction of the board of health, to impress and take up con- venient 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 infection. — (§1711.) Power of officer (57.) Sec. 31. Such officcr, in the execution of such warrant, exeonting war- gjjall, if need be, break open any house, shop, or any other place mentioned in said warrant, where such Ijaggage, clothing, or other goods shall be ; and he may require 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.— (§1713.) Charges to be (58.) Sec. 33. The charges of securing such baggage, clothing, paid By owner. ^^ ^^^^^ goods, and of transporting and purifying 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. — (§1713.) Compensation (59.) Seo. 33. Whenever the sheriff or other officer shall take MrMsrete. 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 compen- sation therefor, to be paid by the county in which such person or property shall have been so employed or taken possession of.— (§1714.) QUAEANTINB. 23 (60.) Sec. 34. Whenever any person confined in any common when prisoner jail shall be attacked with any disease, which, in the opinion of dan|erourto- the physician of the board of health, or of such other physicians ^^^eT^''^"" as they may consult, shall be considered dangerous to the safety and health of the -other prisoners, 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 pris- oner shall recover fi-om the disease, he shall be returned to such jail.— (§1715.) (61.) Sec. 35. If the person so removed shall have been commit- Prisoners re- ted by order of any court, or under any judicial process, the order Srlea', ms nor for his removal, or a copy thereof, attested by the presiding mem- *^ ^^j"™'*'*"** ber of said board of health, shall be returned by him, with the escaped. doings thereon, into the office of the clerk of the circuit court for the county ; and no prisoner, removed as aforesaid, shall be con- sidered as thereby having committed an escape. — (§1716.) (62.) Sec. 26. Whenever any pestilence or contagious disease when snperin- shall breakout in any county poorhouse in this State, or in the 1^°*™^'^°^^!""" vicinity thereof, and the physician to such county poorhouse, or pi"ip«" from such other physician as the superintendents may consulb, shall cer- ^°" ''"°°°' tify that such pestilence or disease is likely to endanger the health of the persons supported at such poorhouse, the superintendents of such county poorhouse 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 poorhouse, or other- wis2 discharged. — (§1717.) QUARANTINE. (63.) Sec. 37. Any township may establish a quarantine ground Township in any suitable place, either within or without its own limits : qo"»ntino. Provided, That if such place shall be without its limits, the assent, proviso. of the township within whose limits it may be established shall be first obtained therefor.— (§1718.) (64.) Sec. 28. Any two or more townships may, at their joint Qnarantine for expense, establish a quarantine ground for their joint use, either townships"." within or without their own limits ; Provided, That if such place proviso, shall be without their limits, they shall first obtain the assent of the township within whose limits the same may be. — (§1719.) (65.) Sec. 29. The board of health in each township in this state Qnarantine in bordering upon Lake Michigan, Lake Superior, Lake Huron, Lake S*m M?taia St. Clair, or Lake Erie, or upon any of the principal rivers or la^^s, rivers, etc. 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 per- formed by all vessels arriving within the limits of such townships, and may make such quarantine regulations as they shall judge nec- essary for the health and safety of the inhabitants. — (§1720.) 24 LAWS RELATING TO PUBLIC HEALTH. QaarantiDQ regu- lations to extend to persons and goods in vessels. Penalty for Tlo- lating quaran- tine regulations. Vessels In cer- tain cases to be removed to qparanttne ground, etc. Master, etc., to answer on oath In regard to iu- feotions. l^penses, by whom to be paid, Hospitals for leeeptton of per- sons having small-pox, etc. By whom hospl- tola to be regu- lated, etc. Penalty for in- oculating with small-pnx, ex- «ept at hospitals, (66.) Sec. 30. The quarantine regulations so established 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.— (§1721.) (67.) Sec. 31. The said quarantine regulations, after notice shall have been given in the manner before provided in this chapter, shall be observed and complied with by all persons ; and any person who shall violate any such regulations shall forfeit a sum not less than five dollars and not more than five hundred dollars. — (§1732.) (68.) Sec. 33. The board of health in each township 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 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 purified, 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.— (§1733.) (69.) Sec. 33. If any master, seaman, or passenger, belonging to any vessel, on board of which any infection may then be, or may have lately been, or which may have 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 administered by any member of such board, such ques- tions 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 refusing, shall forfeit a sum not exceeding two hundred dollars; and in case he shall not pay such sum, he shall suffer six months' impris- onment.— (§1734.) (70.) Sec. 34. All expenses incurred on account of any person, vessel, or goods, under any quarantine regulations, shall be paid bv such person, or by the owner of such vessel or goods, respect- ively.-(§1725.) SMALL-POX AND OTHER DANGEEODSJ DISEASES. (71.) Sec. 35. The inhabitants of any township may establish within their township and be constantly provided with one or more hospitals for the reception of persons having the small-pox, or other disease which may be dangerous to the public health.— (§1726.) (73.) Sec. 36. All such hospitals shall be subject to the orders and regulations of the board of health, or a committee appointed' by such board for that purpose; but no such hospital shall be established within one hundred rods of any inhabited dwellino-- house situated in an adjoining township, without tlie cnnsent of such adjoining township. — (§1737.) (73.) Sec. 37. If any person shall inoculate any other person, or inoculate himself, or suffer himself to be inoculated, with the small-pox, unless at some hospital licensed and authorized by law. SMALL-POX, ETC. 25 he shall, for each offense, forfeit a sum not exceeding two hundred dollars.— (§1738.) (74.) Sec. 38. When any hospital shall be so established, the Physioiana, etc., physician attending the same, the persons inoculated or sick therein, reflations' of " the nurses, attendants, and all persons who shall approach or come ^^'^' «'»• within the limits of the same, and all sucli furnitare and other articles as shall be usod or brought there, shall be subject to such regulations as shLiU be made by the hoard of health, or of the com- mittee appointed for that purpose. — (§17!i9.) (75.) Bbc. 39. When the small-pox or any other disease danger- wLen board of ous to the public health shall break out in any township, the board hospltail '""^^^ 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 pro- Tided for established hospitals. — (§1730.) (76.) Sec. 4.0. The board of health shall cause such sick or when iDfocted infected persons to be removed to such hospitals or places of recep- SoTed to hosp^" tion, unless the condition of the sick person be such as not to *"'> ^''=- admit of removal without danger to life; in which case the house or place where the sick shall remain shall be considered as a hos- pital to every purpose before mentioned, and all persons residing in or in any way concerned with the same, shall be subject to the reg- ulations of the board of health, as before provided. — (§1731.) (77.) Sec. 41. When the small-pox, or any other disease danger- Board to prevent ous to the public health, is found to exist in any township, the aanBerous afs- board of health shall use all possible care to prevent the spreading ease. of the infection, and to give public notice of infected places to travelers, by such means as in their judgment shall be most eflfect- nal for the common safety. — (§1732.) (78.) Sec. 42. If any physician or other person in any of the penalty for yio- hospitals or places of reception before mentioned, or who shall at- ttonaVf^hSlpi- tend, approach, or be concerned with the same, shall violate any t*'^- 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. — (§1733.) (79.) Sec. 43. Whenever any householder shall know that any Honsehoidera to person within his family is taken sick with the small-pox, or any f J™ "^"''pe "'jty other disease dangerous to the public health, he shall immediately for neglect, give notice thereof to the board of health, or to the health officer of the township in which he resides ; and if he shall refuse or neg- lect to give such notice, he shall forfeit a sum not exceeding one hundred dollars.— (§1734.) (80.) Sec. 44. Whenever any physician shall know that any per- penalty onpiy- son whom he is 'called to visit is infected with the small-pox, ot l^^^^'^^ii^'^^ any other disease dangerous to the public health, such physician ehall immediately give notice thereof to the board of health or health officer of the township in which such diseased person may be; and every physician who'shall refuse or neglect to give such 4 26 LAWS EELATING TO PUBLIC HEALTH. cow-pox. notice, shall forfeit, for each offense, a sum not less than fifty nor more than one hundred dollars.— (§1?'35.) Inoculation with (81.) Sec. 45. Every township may, at any meeting, make suit- able provision for the inoculation of the inhabitants thereof, with, the cow-pox, under the direction of the board of health or the health oflScer of the township, and they shall raise all necessary sums of money to defray the expenses of such inoculation, in the same manner that other township charges are defrayed. — (§1730.) Places m!>7 be .assigned for c&rryi'ngon offensiTe trades. Wlien places become a nui- sance, assign- ment may be reroked, etc. Action on the case for dama- Who to consti- tute board in titles and Til- lages. ' Equity jurisdic- tion In case of nuisance, etc. Walk. Oh. 112. OFFENSIVE TRADES. (82.) Sec. 46. The township board of every township, the pres- ident and trustees, or council, of every village, and the mayor and aldermen of every city, respectively, when they shall judge it nec- essary, siiall, from time to time, assign certain places for the exer- cising 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 offi- cers may think proper. — (§1737.) (83.) Sec. 47. When any place or building so assigned shall be- come a nuisance by reason of offensive smells or exhalations pro- ceeding therefrom, or shall become otherwise hurtful or dangerous to the neighborhood, or to travelers, and the same shall be made to appear on a trial, or the admission of the person exercising such trade or employment, before the circuit court for the county, upon a complaint made by the board of health, or by any other person, the said court may revoke such assignment, and prohibit the further use of such place, or building, for the exercise of either of the aforesaid trades or employments, and may cause such nuisance to be removed or prevented. — (§1738.) (84.) Sec. 48. Any person injured, either in his comfort or the enjoyment of his estate, by any such nuisance, may have an action on the case for the damages sustained thereby, in which action the defendants may plead the general issue and give any special mat- ter in evidence.' — (§1739.) BOARDS OP HEALTH IN CITIES AND VILLAGES. (85.) Sec. 49. The mayor and aldermen of each incorporated city, and the president and council, or trustees, of each incorpo- rated village in this state, shall have and exercise all the powers and perform all the duties of a board of health, as provided in this chapter, within the limits of the cities or villages, respectively, of which they are such officers. — (§1740.) (86.) Sec. 5. The circuit court for any county shall have equity jurisdiction in all matters concerning nuisances, where there is not a plain, adequate, and complete remedy at law, and may grant injunctions to stay or prevent nuisances. — (§6377.) 1796- iFor provisions of law relating to actions under this section, see Compiled Laws bd ■96-7. Consecutive Beotlon 86, oeing part of the same act, p. 1797, is given. 'ri-. CITIES,— SANITAEY PEOVISIONS. a? IV. Sanitary Peotisions Relating to Cities AND Villages.' CITIES. 2 CHAPTER SI.— GKNERAL POTVEKS Off CITY CORPORATIONS. (87.) Section 1. Every city incorporated under the provisions Powers and ■of this act, shall, in addition to such other powers as are herein Ixmcise^Meof. conferred, have the general powers and authority in this chapter mentioned ; and the council may pass such ordinances in relation thereto, and for the exercise of the same, as they may deem proper, Tliird, To prevent injury or annoyance from anything danger- To abate ous, offensive, 'or unhealthy ; to prohibit and remove anything °'''*'""='^- tending to cause or promote disease; to, prevent and abate nuis- ances, and to punish those occasioning them, or neglecting or refusing to abate, discontinue, or remove the same ; and generally to determine and declare what shall be deemed nuisances; Eighteenth, To provide for and regulate the Inspection of meats, inspecHon of poultry, fish, butter, cheese, lard, vegetables, flour, meat, and other visirasp™' provisions ; Twenty-second, To regulate the construction, repair, and use of vaults, cisterns, Taults, cisterns, ardas, hydrants, pumps, sewers and gutters. *'*' Twenty-fifth, To provide for clearing the rivers, ponds, and To preserye streams of the city, and the races connected therewith, of all drift streams.^etc. wood 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-sixth, To compel the owner or occupant of any grocery, Eeiativetocet-. tallow-chandler shop, soap or candle factory, but'cher shop or stall, oaenliTOpiwM. slaughter-house, stable, barn, privy, sewer, or other offensive, nau- seous, 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 said city ; Twenty-seventh, To regulate the keeping, selling, and using of Keeping and gunpowder, fire-crackers and fire-works, and other combustible powafrtete""' materials, and the exhibition of fire-works, and the discharge of fire-arms, and to restrain the making or lighting of fires in the streets and other open spaces in the city; Twenty-eighth, To direct and regulate the construction of eel- To regulate lars, slips, barns, private drains, sinks, and privies; to compel the eto.™^' "°'^"* ^ General acts for the incorporation of cities and villages were passed liy the Legisla- ture at the session of 1&T8. The adverse decision of the Supreme Court (Shnmway vs. Bennett, 29 Mich., 451) declared void the village incorporation act, but the act for the Incorporation of cities remains. A general act for the incorporation of villages was .passed in 1857 (C. L., p. 1112), and a further act, applicable to " all villages hereafter incorporated," was passed at the session of 1875 (Laws of 1875, p. 57). Under this head are given the provisions relating to cities in the act of 1873, and those relating to vil- lages in the act of 1875, with references to the village act of 1867. « Laws of 1878, p. 296, and following. 28 LAWS RELATING TO PUBLIC HEALTH. owner or occupant to fill up, drain, cleanse, alter, relay, or repair the same, or to cause the same to be done by some proper officer of the corporation, and to assess the expenses thereof on the lot or premises having such cellar, slip, barn, private drain, sink, or privy thereon. CIIAPTZB XIT.— PUBLIC HEALTH. Provisions for protection of. Abfttemcut of nnisanceB daogerous to Leal til. Cleaning or draining of unwholesome places. BemoTal of dangerous •trnctures. Collection of expense of removals, etc., by city in cases «f neglect. (88.) Section- 1. The council of any city may enact all such ordinances as may be deemed necessary for the preservation and protection of the health of the inhabitants thereof, and to prevent the introduction of malignant, infectious, or contagious diseases ■within the city, 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 city limits or to such hospital or place of treatment within the city as the council may prescribe, or the public safety may require. (89.) Sec. 3. The council shall have power to prevent and remove or abate all nuisances dangerous to life or health within the city; 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 remove or abate the same, upon such notice, and within such time, and in such manner as the council may by ordinance or resolution direct. (90.) Sec. 3. If any cellar, vault, lot, sewer, drain, place, or prem- ises within the city shall be damp, 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 un- wholesome or offensive exhalations, the council may cause the same to be drained, filled up, cleaned, amended, 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 building, 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 the proper officers of the city. (9L) Sec. 4. If any person, corporation, or company shall neg- lect to remove or abate any nuisance, or to perform any require- ment made by or in accordance with any ordinance or resolution of the council, or by the board of health of the city, for the pro- tection of the health of the inhabitants, 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 againt such^ person, corporation, or company. And in all cases where the city shall incur any expense for draining, filling, cleans- ing- or purifying any lot, place, or premises, or for removing any unsafe building or structure, or for removing or abating any nui- sance found upon any such lot or premises, the council may, in addition to all other remedies provided for the recovery of such ex- CITIES— SANITAEY PKOVISIONS. 29. pense, cTiarge the same or such part thereof as they shall deem proper, upon the lot or premises upon or on account of which such expense was incurred, or from which snch nuisance was removed or abated, and cause the same to be assessed upon snch lot or prem- ises and collected as a special assessment, (93.) Sec. 5. The council, when they shall deem it necessary, Assignment of may from time to time assign, by ordinance, certain places within Mrrjingon the city for the exercising of any trade or employment offensive danglrmr to the inhabitants or dangerous to the public health; and may for- business. bid 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 neigh- borhood, the council may prohibit the further exercise of such business or employment at such place. (93.) Sec. 6. The council may purchase the necessary lands, and Establishment of erect thereon, or otherwise provide, one or more hospitals, either detentfonof^per- within or without the city limits, and provide for the appointment SSrai°8la''s°es' of the necessary oflBcers, 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 having any malignant, infectious, or contagious disease, may be removed to such hospital, and there de- tained 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 departing from such hospital until duly discharged. (94.) Sec. 7. The council of any city incorporated under this oounoii vested act shall also have and exercise within and for the city, all the boards'orilearth. powers and authority conferred upon boards of health by chapter forty-six of the compiled laws of eighteen hundred and seventy- one, so far as the same are applicable and consistent with this act; and they may enact such ordinance as may be proper for regulating the proceedings and mode of exercising such powers and authority. (95.) Sec. 8. The council when deemed necessary may establish Establishment of a board of health for the city, and appoint the necessary oflBcers andttfeir auaor^ thereof, and provide rules for its government, and invest it with "y- such power and authority as may be necessary for the protection and preservation of the health of the city ; and in addition thereto the board shall have and exercise all the powers and authority con- ferred on boards of health by the chapter of the compiled laws referred to in the preceding section, so far as they may be exercised 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 officers thereof. V CHAPTEB XT.— 0KMBTEEIE3. (96.) Sectiok 1, Any city may acquire, hold, and own such cem- Acqnisition and etery or public burial place or places, either within or without the j2g^"nSi"to. limits of the corporation, as in the opinion of the council shall be 30 LAWS EELATING TO PUBLIC HEALTH. necessary for the public welfare and suitable for the convenience of the inhabitants. And may prohibit the interment of the dead within the city, or may limit such interments therein to such cem- etery or burial place as the council may prescribe ; and the council may cause any bodies buried wibhin the city in yiolation of any rule or ordinance made in respect to such burials, to be taken up and buried elsewhere. OBAPTEB XIX.— MABKETS. feg^Sn Of (97.) SECTioif 1. The couucil of any city shall have the power to erect market-houses, martet-houses, establish and regulate 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 times 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 vendors. Eiiies to prevent (98.) Sec. 2. The council may adopt and enforce such rules and to^preseryo'"' regulations as may be necessary to prevent fraud, and to preserve orfe order in the markets; and inay 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 provisions exposed for sale therein. CHAPTER XX.— PUELIO BUILDINSS, GROUNDS, AND PAEK3. Acqaisition, use (99.) SECTION 1. Any city may acquire, purchase, and erect all and disposition ^^^^ public buildings as may be required for the use of the corporation, and may purchase, acquire, appropriate, and own such real estate as may be necessary for public grounds, parks, mairkets, public buildings, and other purposes necessary or con- venient for the public good, and the execution of the powers con- ferred in this act ; and such buildings and grounds, or any part thereof, may be sold, leased, mortgaged, and disposed of as occasion may require. Of hospitals, (100.) Sec. 3. When the council shall deem it for the public watfr'TO^kl,' interest, grounds and buildings for city prisons, work-houses, hos- ctc, outside city pita] s, pest-houscs. Cemeteries, water- works, and other necessary ™ ■ public uses, may be purchased, erected, and maintained beyond the corporate limits of the city; and In such cases the council shall have authority to enforce beyond the city limits, and over such lands, buildings, and property, in the same manner and to the same extent as if they were situated within the City, all such ordi- ' nances and police regulations as may be necessary for the care and protection thereof, and for the management and control of the persons kept or confined in such prisons, work-houses, or hospitals, or parks within (101.) Sec. 3. The council shall have authority to lay out, estab- ""''' lish, and enlarge, or vacate and discontinue public grounds and parks within the city, and to improve, light, and ornament the s»me, and to regulate the care thereof, and to protect the same and , "the appurtenances thereof from obstructions, encroachment, and injury, and from all nuisances. CITIES,— SANITARY PEOVISIONS. 31 CHAPTEB XXI.— SBWEES, DRAINS, AND WATER-COUESBS. (102.) Sbctioit 1. The council of any city may establish, con- Estetiishment struct, and maintain sewers and drains whenever and wherever nee- uon. essary, and of such dimensions and materials, and under such regu- lations as they may deem proper for the drainage of the city ; and private property, or the use thereof, may be taken therefor in the manner prescribed in this act for taking such property for public use. But in all cases where the council shall deem it practicable, such sewers and drains shall be constructed in the public streets and grounds. (103.) Sec. 2. If the council shall deem it expedient, they may Board of sewer establish a board of sewer commissioners for the city, consisting of not less than three, nor more than five persons, to have the man- agement of the sewers and the charge of their construction ; and may by ordinance prescribe their powers, compensation, terms of oflBce, and duties. (104.) Sec. 3. Whenever it may become necessary in the opinion pian for drain- of the council to provide sewerage and drainage for the city or any *^^" part thereof, it shall be their duty to devise or cause a plan of drainage to be devised for the whole city, or for such part thereof as they shall determine. (105.) Sec. 4. Such plan shall, in the discretion of the council, Main sewer be formed with the view of the division of the city into main sewer districts, each to include one or more main or principal sewers, ■with the necessary branches and connections ; the districts to be numbered and so arranged as to be as nearly independent of each other as may be. Plats or diagrams of such plan, when adopted, p'*"- shall be filed in the oflBce of the city clerk. (106.) Sec. 5. Main sewer districts may be subdivided into spe- special sewer ' cial sewer districts in such manner that each special district shall ''**''■'""■ include one or more lateral or branch sewers connecting with a main sewer, and such lands as in the opinion of the council will be benefited by the construction thereof. When deemed necessary, special sewer districts, to include one or more local or branch sew- ers and such lands as in the opinion of the council will be bene- fited by the construction thereof, may be formed of territory not included in any main sewer district. (107.) Sec. 6. The council may, however, provide for main or Trunk sewers. trunk sewers without reference to sewer districts, diagrams or plats of which shall be recorded in the office of the city clerk in the book of sewer records. (108.) Sec. 7. The cost and expenses of establishing and making Manner of pay- any main or trunk sewers, constructed without reference to sewer tindro7s™ers. districts, shall be paid out of the general sewer fund. Such part as the council shall determine, being not less than one-sixth of the cost and expense of any main district sewer or of the cost of any lateral, branch, or local sewer constructed -within a special sewer district, shall be paid from the general sewer fund, and the remain- der of such cost and expenses shall be defrayed by special assess- lient upon all the taxable lands and premises included within the main or special sewer district, as the case may be, in proportion to 32 LAWS RELATING TO PUBLIC HEALTH. the estimated benefits accruing to each parcel respectively from the construction of the sewer. Assessments according to benefits as aforesaid shall be made -without reference to any improvements or buildings npon the lands. (109.) Sec. 8. Before proceeding to the construction of any dis- trict sewer, the council shall cause a diagram and plat of the whole sewer district to be made, showing all the streets, public grounds, lands, lots, and subdivisions thereof in the district, and the pro- posed route and location of the sewer; and the depth, grade, and dimensions thereof, and shall procure an estimate of the cost thereof. And they shall give notice, by publication for at least two weeks, in one of the newspapers of the city, of the intention to construct such sewer, and where said diagram and plat may be found for examination, and of the time when the council will meet and consider any suggestions and objections that may be made by parties interested with respect to such sewer. (110.) Sec. 9. When the council shall determine to construct any such district sewer, they shall so declare by resolution, desig- nating the district and describing by reference to the plat and dia- gram thereof, mentioned in the preceding section, the route and location, grade, and dimensions of the sewer, and shall determine in the same resolution what part of the estimated expenses of the sewer shall be paid from the general sewer fund, and what part shall be defrayed by special assessment according to benefits ; and they shall cause such plat and diagram as adopted to be recorded in the ofSce of the city clerk, in the book of sewer records. (111.) Sec. 10. Special assessments for the construction of sewers shall be made by the board of assessors in the manner pro- vided in this act for making special assessments. (113.) Sec. 11. When the owners of a majority of the lands liable to taxation in any sewer district or part of the city which may be constituted a sewer district, shall petition for the con- struction of a sewer therein, the council shall construct a district sewer in such location, and if the lands including the line of such proposed sewer are not within any sewer district, a district shall be formed for that purpose. In other cases sewers shall be construct- ed in the discretion of the council. (113.) Sec. 13. Whenever the council shall deem it necessary for the public health, they may require the owners and occupants of lots and premises to construct private drains therefrom to con- nect 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 assess- ment to be levied thereon. (114.) Sec. 13. The owners or occupants of lots and premises shall have the right to connect the same, at their own expense, by means of private drains, with the public sewers and drains, under such rules and regulations as the council shall prescribe. Diagram and estimate of cost of sewers to be bnilt. Notice of inten- tion to construct sewers. Determination to construct dis- trict sewer declared by reso- lution. Apportionment of expenses. Becord of plat. Special assess- ments for sew- Formation of sewer districts on petition. Ordering con- Btmction of pri- vate drains. Expenses thereof. Connection of premises, etc., •with pubBc.seW' ers. CITIES,— SANITAEY PEOVISIONS. 33 (115.) Sec. 14. The council may charge and collect annually Owners of snot from persons whose premises are connected by private drains with a"annuai?ee"' the public sewers, such reasonable sum, not exceeding two dollars ">«'^«''"- per year, as they may deem just, in proportion to the amount of drainage through such private drain ; and such charge shall be a lien upon the premises, and may be collected by special assessment thereon, or otherwise. (116.) Sec. 15. Such part of the expenses of providing ditches special assess- and improving water-courses as the council shall determine, may ™etc.'"'"'°'" be defrayed by. special assessment upon the lands and premises benefited thereby, in proportion to such benefits. (117.) Sec. 16. The expenses of repairing public sewers, ditches, Expenses of and water-courses may be paid from the general sewer fund. The reoonstucSns. expenses of reconstructing public sewers shall be defrayed in the manner herein prescribed for paying the expenses of the construc- tion thereof. (118.) Sec. 17. The council may enact such ordinances as may Protection and be necessary for the protection and control of the public drains and sewers^ etc?"*'*'"' sewers, and to carry into effect the powers herein conferred in respect to drainage of the city. CHAPTER XXII. — STKEET8 AND PUBLIC QEOrNDS. (119.) Section 1. The council shall have supervision and con- control and trol of all public highways, bridges, streets, avenues, alleys, side- rep^r'ne o"*- ■walks, and public grounds within the city, and shall cause the same to be kept in repair, and free from nuisance. (120.) Sec. 14. The council may regulate the making of all open- nigging in ings in, and removals of, the soil of public streets, for the laying or iTim-lilltJ^''^ repair of sewers, drains, tunnels, gas-pipes, water-pipes, or for any «'=■ other purpose ; and may prohibit and prevent all such openings and removals of the soil, except by express permission of the coun- cil, and at such times and upon such terms and regulations as they may prescribe. (131.) Sec. 15. The council may regulate the use of the public Keg^iationsas highways, streets, avenues, and alleys of the city, subject to the t»"s«''f8'^««'»- right of travel and passage therein. They shall have authority to stands for vchi- prescribe the stands for all vehicles kept for hire, or used for the <^'^^- transportation of persons or property for hire; to designate the ^ood and hij places where loads of wood, coal, hay, and other articles may stand m^^et.eto. for sale; to regulate trafiSc and sales in the streets and upon side- walks; to regulate or prohibit the display, use, or placing of signs, signs, etc. advertisements, and banners, awning-posts and telegraph poles, in •or over the streets ; to prohibit immoderate riding and driving in immoderata the streets or over bridges; to regulate or prohibit all such sports, driving, amusements, proceedings, and gathering of crowds in the streets as Gathering of may interfere with the lawful use thereof, or render travel or pas- '"^°^^'- sage therein inconvenient or unsafe; to prohibit and prevent the Banning »t running at large of horses, cattle, swine, dogs, geese, and other a^^f^^i,;''""''' domestic animals or fowls in the streets, or elsewhere in the city, and to impose penalties upon the owners or keepers thereof permit- ting the same, and to require and authorize the destruction of dogs 5 34 LAWS EELATING TO PUBLIC HEALTH. found at large contrary to the ordinances of the city ; to cleanse and purify the streets; and to prohibit, prevent, remove, and abate all nuisances therein, and to require the authjDrs and maintainers thereof to remove the same and to punish them ; and generally to prescribe and enforce all such police regulations 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 general welfare ; and in addition to all other powers herein granted, the council shall have the same authority and powers over and in respect to the public streets of the city as are conferred by law upon highway commiESioners in townships. Cleaning of Btreets and reinoviiig nuisances. General police ailthoritj over Btreets. Bemoval of snow, ice, etc. Proceedings in cases of neglect. CHAPTEK XXIII.— SIDEWALKS. Expense a tax on property. Segnlations as to placing of signs, awnings, etc. (133.) Sec. 3. The council shall also have power to cause and require the owners and occupants of any lot or premises to remove all snow and ice from the sidewalks in front of or adjacent to such lot and premises, and to keep the same free from obstructions, encroachments, incumbrances, filth, and other nuisances. (133.) Sec. 4. If the owner or occupant of any lot or premises shall fail to construct or maintain any particular sidewalk as men- tioned and prescribed in the last two sections, or shall fail to keep the same in repair, or to remove the snow, ice, and filth therefrom, or to remove and keep the same free from obstructions, encroach- ments, incumbrances, or other nuisances, or shall fail to perform any other duty required by the council in respect to such side- walks, within such time and such manner as the council shall require, the council may cause the same to be done, and such side- walk to be constructed or repaired at the expense of such owner or occupant, and the amount of all expenses incurred by the coun- cil thereby, shall be levied as a special assessment upon the lot or premises adjacent to and abutting upon such sidewalk. (124.) Sec. 5. The council shall have power to regulate and pro- hibit the placing of signs, awnings, awning posts, and of other things upon or over sidewalks, and to regulate or prohibit the construction and use of openings in the sidewalks, and of all vaults, structures, and excavations under the same; and to prohibit and prevent obstructions, incumbrances, or other nuisances upon the walk. CHAFTBB XXIX.— FIRE DEPAETMBNT. (135.) Sec. 8. The council may also prohibit within such places or districts as they shall deem expedient, the location of shops; the prosecution of any trade or business; the keeping of lumber yards; and the storing of lumber, wood, or other easily inflamma- ble material, in open places, when, in the opinion of the, council, the danger from fire is thereby increased. They may regulate the storing 01 storing of gunpowder, oils, and other combustible and explosive garipowdcr, etc.' gubstances, and the use of lights in btiildings ; and, generally, may pass and enforce such ordinances, and regulations as they may deem necessary for the prevention and suppression of fires. Location of ehopa, Inmlier yards, etc. Storing of VILLAGES,^SANITARY PEOVISIONS. 35 VILLAGES.! CHAPTEE VII.— POWEKB OW COCStOIL." (126.) Sectiok 1. Every village subject to the provisions of this Powers ma act shall, in addition to such other powers as are conferred, have IxSe^Meof. the general power and authority granted in this chapter, and the council may pass such ordinances in relation thereto as they may deem proper, namely : Third, To ahate nuisances, and preserve the public health; Eleventh, To provide for and regulate the inspection of provis- ion, firewood, and hay, on the public markets ; Fourteenth, To regulate or prohibit the selling or storing of combustible or explosive materials within the village, and to regu- late and restrain the making of fires in the streets or other open spaces in the village ; i'ifteenth, To purchase and regulate cemeteries. (127.) Sec. 2. The council of any village may make such provis- ions as they shall deem expedient, for the support and relief of poor persons residing in the village. (128.) Sec. 5. When the council shall deem it for the public prison, pest- interest, grounds and buildings for the village prison, hospital, pest- yoSi^'ooroorate house, cemetery, and water-works may be purchased, erected, and "mita. maintained beyond the corporate limits of the village ; and in such cases the council shall have authority to enforce beyond the corpo- rate limits of the village, and over such lands, buildings, and prop- erty, in the same manner and to the same extent as if they were within the village, all such ordinances and police regulations as may be necessary for the care and protection thereof, and for the management and control of the persons kept or confined in such prison, pest-house, or hospital. (129.) Sec. 9. The council shall also have authority to require Coanoii may the owners and occupants of lots and premises to construct and oiloto^to^oD" maintain sidewalks in the public streets adjacent to and abutting ^tract si^^aiks' upon such lots and premises, and to keep them in repair at all ° °™ times, and to construct and lay the same upon such lines and girades, and of such width, materials, and manner of construction, and within such time, as the council shall by ordinance or resolution prescribe, and to keep the same free from obstructions, snow, ice, filth, or any nuisance. (130.) Sec. 10. If the owner or occupant of any lot or premises incaseoffaiinre shall fail to construct or maintain any particular sidewalk as men- Btawf'™^^'""' tioned and prescribed in the last section, the council may cause such sidewalk to be constructed or repaired at the expense of such Expense of owner or occupant, and the amount of all expenses incurred by the ^'"°^' council thereby shall be levied as a special assessment upon the lot or premises adjacent to and abutting upon such sidewalk. 1 See Act of 1857, for the incorporation of villages by boards of anpervisors (C. L. pp. Ill2 to 1124). Also acts following, pp. 1124 toll2T, for planting shade and ornamental trees, and for the introdnction of water. See also act of 1869 (C. L. pp. 1128 to 1135), and amend- ment bn p. a, Laws of 1873, providing for the introduction of water into towns, cities, aild villages. The powers contemplated by these acts relate more or less directly to the pnbllc health, althonghitis worthy of note that no referehce is made ih them to health consid- aLawsofl875, pp. 6?, 69, 70. 36 LAWS EELATHSTG TO PUBLIC HEALTH. Signs, awnings, eto. Council may es- tablish streets, sidewalks, water-courses, etc. (131.) Sec. 11. The council shall have power to regulate and prohibit the placing of signs, awnings, awning-posts, and of other things upon or over sidewalks, and to regulate or prohibit the con- struction and use of openings in the sidewalks, and of all vaults, structures, and excavations under the same. (132.) Sec. 13. The council shall have power to lay out and estab- lish, open, make, and alter such streets, lanes, and alleys, sidewalks, highways, water-courses, and bridges as they may deem necessary for the public convenience. * * * V. Offenses Agaikst the Public Health. Mass. E. S. Oh. 181. Belling un- wholesome pro- Tisions without notice. Adulterating food or liquors. Mass. B. S. Ch. 181. Adulterating drugs or medi- cines. Mass. B. S. Oil. 181. Penalty on phy- sician prescrib- ing poison, etc., while Intoxi- cated. Penalty for neg- lecting to label certain sub- stances. Chapter one hundred and fifty-nine of Eeylsed statutes of 1840. (133.) Section 1. If any person shall knowingly sell any kind of diseased, corrupted, or unwholesome provisions, whether for meat or drink, without making the same fully known to the buyer, he shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding two hundred dol- lars.— (§7736.) (134.) Sec. 3. If any person shall fraudulently adulterate, for the purpose of sale, any substance intended for food, or any wine, spirits, malt liquor, or other liquor intended for drinking, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding three hundred dollars, and the article so adulterated shall be forfeited and destroyed.— (§7737.) (135.) Sec. 3. If any person shall fraudulently adulterate, for the purpose of sale, any drug or medicine, in such manner as to render the same injurious to health, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding four hundred dollars, and such adulterated drugs and medicines shall be forfeited and destroyed.— (§7738.) (136.) Sec. 4. If any physician or other person, while in a state of intoxication, shall prescribe any poison, drug, or medicine, to another person, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars.— (§7729.) (137.) Sec. 5. Every apothecary, druggist, or other person who shall sell and deliver at retail, any arsenic, corrosive sublimate, prussic acid, or any other substance or liquid usually denominated poisonous, without having the word "poison," and the true name thereof, and the name of some simple antidote, if any is known, written or printed upon a label attached to the vial, box, or parcel containing the same, shall be punished by a fine not exceeding one hundred dollars.'— (§7730.) lAa amended by Aet T4, Laws of 1878, p. 86. POISONS-NUISANCES. 37 ACT FOE THE BETTER REGULATION OP THE SALE OF POISONS. Laws of 1863, p. 182. Approved March 17, 1863. (138.) Section 1. The People of the State of Michigan enact, Dnty of apo^e- That every apothecary, druggist, or other person who sells any thesaie of'p'oi- arsenic, strychnine, corrosive sublimate, prussic acid, or other ^°°^- poison, shall keep a record of the date of such sale, the article and amount thereof sold, and the person or persons to whom delivered, and their residence; which record shall be open to the inspection of any police officer or physician during the business hours of each day. And each and every neglect to keep such record, as herein Penalty fomeg- provided, shall be deemed a misdemeano]-, and the person or per- ^ ^'°° ' sons guilty thereof shall, upon conviction thereof, be liable to a fine not exceeding fifty dollars. — (§7733.) (139.) Sec. 3. The giving a false or fictitious name to the apothe- Penalty for giv- dary, druggist, or other person from whom such poison was pur- '"saf'sename. chased, shall be deemed a misdemeanor, and the person or persons guilty thereof shall, upon conviction thereof, be liable to a fine not exceeding fifty dollars.— (§7733.) ACT TO PROVIDE AGAINST NUISANCES. Laws of 1867, p. 98. Approved March 20, 1867. (140.) Section 1. The People of the State of Michigan enact, Barfai of dead That if any person or persons shall put any dead animal or part '""•"^la. of the carcass of any 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 Penalty of neg- 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 offending shall be deemed guilty of a misdemeanor, and upon conviction 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 pay- ment 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 j and every Additional twenty-four hours said owner may permit the same to remain after °^^°-^^- such conviction, shall be deemed an additional offense against the provisions of this act, and upon conviction thereof shall forfeit and pay a further sum of not less than ten dollars and not more Penalty. 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 pun- ished by both such fine and imprisonment, in the discretion of the court.— (§7734.) 38 LAWS EELATIKG TO PUBLIC HEALTH. VI. Ikspection- of Provisions and Salt. Inspectors may be elected. IT Mich. 498. Oath and bond. Deputies. Chapter thirty of Kevieed Statutes of 1846. (141.) Sbctioit 1. There may be elected in each of the organ- ized counties in this state, as the public convenience and necessity may require, inspectors of the following articles, namely: beef and pork, butter and hogs' lard, fish, flour, and meal, leather, and pot and pearl ashes; and such inspectors shall hold their oflBces, respectively, for the term of four years, unless sooner removed by the board of supervisors for misconduct in oflSce. — (§1360.) (142.) Sec. 3. Each inspector shall, before entering on the du- ties of his office, take and subscribe the oath of office prescribed by the twelfth ^ article of the constitution of this state, and cause the same- to be filed in the office of the clerk of the county for which he shall be elected, and shall also give bond, with sufficient sureties, as hereinafter provided. — (§1361.) (143.) Seo. 3. Each inspector shall appoint one or more deputy inspectors, removable at his pleasure, in each township within his county, where he shall deem it necessary, for whose official con- duct he shall be responsible; and they shall give bonds with suf- ficient sureties to him, in a penal sum not exceeding five hundred dollars each, and shall take and subscribe the constitutional oath of office, and cause the same to be filed in the office of the clerk of the county within which they shall be appointed. — (§1362.) BEEF AND PORK. Bond of inspect- (144.) Sec. 4. Each inspector of beef and pork shall, before pork.'^^^'™* entering upon the duties of his ofBce, give bond with sufficient V sureties, to the treasurer of this state, in the penal sum of one thousand dollars ; which bond shall be approved by the county clerk and lodged Vi'ith. the treasurer of the county for which such inspector is elected. — (§1363.) Annual returns. (145.) Seo. 5. Each inspector of beef and pork shall, annually, in the month of December, make a return to the secretary ,of state, of the whole number of barrels and half-barrels of beef and pork so inspected by him and his deputies during the year pre- ceding the first day of December in the year when such return is made, designating therein the different sorts, and the places at which the same was inspected. — (§1364.) Quality of bar- (146.) Sec, 6. All barrels in which beef or pork shall be packed Sf M^ntonTs.'^^' shall be made of good, seasoned white oak, or white ash staves and heading, free from any defect ; and each barrel shall contain two hundred pounds of beef or pork.— (§1365.) • » The inspection of provisions, has presumably, two principal objects ivsH and health of the neoole, and the convenience and nrntdjiUnn nf r, A regard for the The last f separation difflcnity or separation. Tnose poruons oniy or tne salt inspection act a more immediately upon the duties of Inspection and the qualities of salt. 2 Article IS of the present constitution. INSPECTION OF BEEF AND PORK. 39 (147.) Sec. 7. Such barrels shall measure seventeen and a half Bamis, haw inches between the chines, and be twenty -nine inches long, and be ™°''*' hooped with at least twelve good, hickory, white oak, or other suit- able hoops ; and if the barrel be made of white a,sh staves, it shall be hooped with at least fourteen such hoops. The staves and heads shall be made of a proper thickness, and the hoops shall be well set and driven together. — (§1366.) (148.) Sec. ^. The half-barrels in which any beef or pork shall Haif-barreis. be packed shall contain not less than fifteen nor more than six- teen gallons, and made in proportion to and of the like materials as a whole barrel, and shall contain one-half of the quantity of beef and pork of the whole barrel. — (§1367.) (149.) Sec. 9. No beef shall be branded by an inspector, as Quality, etc., of hereinafter mentioned, unless it be of fat cattle, not under three ''^''' years old ; and all such beef shall be cut into pieces as nearly square as may be, and of not more than twelve nor less than four pounds in weight— (§1368.) (150.) Sec. 10. All beef shall be sorted and divided for packing. Denominations or repacking, in barrels or half-barrels, into three sorts, to be de- °' ^^^' nominated ''mess," "prime," and "cargo" beef. — (§1369.) (151.) Sec. 11. Mess beef shall consist of the choice pieces of Mess beef, such cattle as are large and well fatted, without hocks, shanks, clods, or necks, and may or may not contain two choice rounds out of the same cattle, not exceeding ten pounds each ; and each barrel or half-barrel containing beef of this description, shall be branded on one of the heads with the words, " Mess beef." — (§1370.) (152.) Sec. 13. Prime beef shall consist of choice pieces of good Prime beef, fat cattle, of which there shall not be in a barrel more than one- half of a neck, nor more than two shanks, with the hocks cut off of the hind legs, at the smallest place above the joints; and each barrel and half-barrel containing beef of this description shall be branded on one of the heads with the words, " Prime beef." — (§1371.) (153.) Sec. 13. Cargo beef shall be of fat cattle, with a prop or- cargo beef, tion of good pieces, and not more than one-half of a neck, and three shanks, with the hocks cut off in the same manner as in prime in a barrel, and shall be otherwise merchantable ; and each barrel and half-barrel of beef of this description shall be branded on one of the heads with the words, "Cargo beef." — (§1372.) (154.) Sec. 14. Every barrel of beef shall be well salted with How salted, good clean salt, equal to seventy pounds of Turk's Island salt, exclusive of a strong, new pickle ; and to each barrel shall be ad- ded four ounces of saltpetre; and every half-barrel shall be salted in the same proportion, and two ounces of saltpetre shall be added thereto.— (§1373.) (155.) Sec. 15. On one head of every barrel and half-barrel ofHowbfandeo. merchantable beef and pork inspected and packed, shall be dis- tinctly branded the weight it contains, with the first letter of the Christian name, and the surname at full length, of the inspector, or deputy, who shall have inspected the same, the word "Michi- gan," and the name of the county, and the year in which the same was inspected and branded. — (§1374.) 40 LAWS RELATING TO PUBLIC HEALTH. ■When not to be branded. Denominations of pork. llesfi pork. Prime pork. One-hog pork. Cargo pork. Bow Baited. TeeB for Inspeo- tion. Pmalty for neg- lect or fraud. (156.) Sec. 16. No beef or pork shall be branded by au inspector except such as shall be sweet and wholesome, and except the same be packed in castsof the dimensions hereinafter prescribed. — (§1375.) (157.) Sec. 17. There shall be four qualities of pork. The first quality shall be denominated " mess pork/' and shall consist of the sides of good fat hogs, exclusive of all other pieces; and each barrel or half-barrel of pork of this description shall be branded on one of its heads with the words, " Mess pork."-i-(§1376.) (158.) Sec. 18. The second quality of pork shall be denomi- nated "prime pork," of which there shall not be in a barrel more than three shoulders, the legs being cut off at the knee joint, nor more than twenty-four pounds of heads which shall have the ears and snouts cut off; such snouts to be cut off at the opening of the jaws, and the brains and all impure matter to be taken out of the heads; and the rest of the pork necessary to constitute a brand of prime pork shall be made up of side pieces, neck, and tail pieces, and on one head of every such barrel or half-barrel, shall be branded the words, "Prime pork."— (§1377.) (159.) Sec. 19. The third quality of pork shall be denominated " one hog pork," of which there shall not be in a barrel more than two hams, two shoulders, one neck, one rump, and one head, with the ears and snout cut off, and the brains and all impure matter taken out; and the rest of the pork to make up the barrel shall consist of good side pieces; and each barrel of pork of this descrip- tion shall be branded with the words " One-hog pork," on one head thereof.— (§1378.) (160.) Sec. 30. The fourth quality of pork shall be denominated " cargo pork," of which there shall not be in a barrel more than thirty pounds of head, nor more than four shoulders, and it shall otherwise be merchantable pork ; and one head of every such barrel or half-barrel of such pork, shall be branded with the words, " Cargo pork."— (§1379.) (161.) Sec. 21. Every barrel of pork shall be well salted with good clean salt, equal to seventy pounds of good Turk's Island salt, exclusive of a strong, new pickle ; and every half-barrel shall be salted in the same proportion. — (§1380.) (163.) Sec. 23. The inspectors and their deputies shall be paid the following, and no other fees, for inspecting and branding all casks of beef and pork, and giving a certificate thereof, to wit: For every barrel, fifteen cents, and for every half-barrel, ten cents; which charges shall be paid by the person employing the inspector, together with the sum of twenty-five cents for each barrel, and fifteen cents for each half-barrel, for packing and coopering the same, if done by him. — (§1381.) (163.) Sec. 33. If any inspector or deputy inspector shall unreasonably neglect or refuse to inspect or brand, on a|ip]ication made to him for that purpose, or shall be guilty of any upo-jeet or fraud in inspecting, packing, or branding any casks of beet or pork, contrary to the provisions of this chapter, or shall mark with his' brands any casks containing beef or pork which has not been actually inspected, he shall forfeit the sum of tea dollars for each offense.-(§1383.) BUTTER AND HOGS' LARD. 41 (164.) Sec. 24. If any person other than an inspector or deputy UniawM brand- inspector shall brand any cask of beef or pork as having been ^^'^™*"^^'"'" inspected, he shall forfeit a sum not exceeding twenty dollars for each cask so unlawfully branded. — (§1383.) (165.) Sec. 25. If any person shall, with intent to defraud, inter- Penalty for in- mix, take out, or change any beef or pork from any cask inspected ^'■°"^"'°' or branded as aforesaid, or shall put into such cask any other beef , or pork for sale or exportation, contrary to the provisions of this chapter, be shall forfeit for each offense a sum not exceeding twenty dollars.— (§1384.) Sec. 26.^ butteb and hogs' laed, (166.) Sec. 37. Each inspector of butter and hogs' lard shall, inspectors of before entering upon the duties of his office give bond, with suffi- gireiind!'' cient sureties to the treasurer of this state, in the penal sum of five hundred dollars; which bond shall be approved by the county clerk, and lodged with the treasurer of the county for which such inspector is elected. — (§1385.) (167.) Sec. 28. Each of the inspectors of butter and lard shall. Annual returns, annually, in the month of December, make a return to the secre- tary of state, of the whole number of casks, the different qualities, and the weight of each quality of butter and lard inspected by him and his deputies during the year next preceding the first day of said December. — (§1386.) (168.) Sec. 29. The inspectors or their deputies shall examine Mode of making casks, kegs, and firkins containing butter or hogs' lard, on applica- '"sp^""™- tion made by any person, and shall, with a proper instrument, per- forate the contents of such casks, kegs, or firkins, from one head to the other, and thereby draw out so much as shall determine the quality of the whole ; and they shall see that it has been preserved with a due proportion of good fine salt, that it is sweet and pure, and otherwise merchantable. — (§1387.) (169.) Sec. 30. Each cask, keg, or firkin of butter or hogs' lard, Kegorflrkin, which appears to be good' and merchantable, shall be branded in i^ow branded. plain and legible characters, with the word " Butter," or " Hogs' lard," as the same may be, and " First," or " Second," or " Third," according to its quality ; and all other butter or hogs' lard shall be branded with the word "Refose."— (§1388.) (170.) Sec. 31. Each cask, keg, or firkin of butter or hogs' lard idem, shall also be branded with the weight of the contents thereof, and with the word " lilichigan,'" the name of the township where it shall be inspected, the initial letter of the inspector or deputy's Christian name, and the whole of his surname, and the month and year in which the same may be inspected ; and where the name of the month consists of more than one syllable, it may be abbre- viated.— (§1389.) (171.) Sec. 32. All casks, kegs, or firkins, in which butter orcasks.bow hogs' lard shall be packed for exportation, shall be made of sound ™'*°" > Repealed by Act 225 of ISoP, p. 231. 6 43 LAWS EELATIKG TO PUBLIC HEALTH. and well seasoned white oak or white ash staves and heading, full bound with oak, ash, or walnut hoops. — (§1390.) How prepared. (173.) Sec. 33. Each cask, keg, or firkin, before any butter or hogs' lard shall be packed therein, shall be filled with a strong brine, which shall remain therein three days, and as soon as the brine is emptied from the cask, keg, or firkin, it shall be weighed by the owner of such butter or hogs' lard, who shall, with a mark- ing iron, mark on one of the heads thereof the full weight of the cask, keg, or firkin, and shall brand thereon the initial letter of his Christian name and the whole of his surname. — (§1391.) Fees for inspco- (173.) Sec. 34. The inspector, or any deputy, for his services in *'°°' inspecting, branding, weighing, and delivering to the owner an in- voice or weigh-note, under his hand, of the weight of each cask, keg, or firkin, shall receive five cents for each cask, keg, or firkin, to be paid by the person employing him. — (§1393.) Penalty for neg- (174.) Seo. 35. If any inspector or deputy inspector shall, on lector delay, application made for the inspection of any butter or hogs' lard, as aforesaid, unreasonably neglect, refuse, or delay to proceed to such inspection and branding for the space of three hours after applica- tion made to him, he shall, for each oflfense, forfeit the sum of five dollars.— (§1393.) Penalty for coun- (175.) Sec. 36. If any person shall counterfeit any brand used eto.°' "^ '^''" ' by any inspector or deputy inspector, or if any person shall make use of any such counterfeit brand, or of the brand of any inspector or deputy, to impress or brand any cask, keg, or firkin of butter or hogs' lard, he shall forfeit for each offense the sum of ten dollars; and if any owner of butter or hogs' lard shall falsely mark any cask, keg, or firkin thereof, or cause the same to be falsely marked, he shall forfeit the sum of three dollars for each offense.— (§1394.) Penalty for (IT'S.) Sec. 37. If any person shall, with intent to defraud, intermixing. intermix, take out, or change any butter or hogs' lard, from any cask, keg, or firkin inspected and branded as aforesaid, or shall put into such cask, keg, or firkin, any other butter or lard for sale or exportation, without first cutting out the said brands and marks, the person so ofi'euding shall, for each such cask, keg, or firkin, forfeit the sudi of ten dollars. — (§1395.) FISH. Inspectors of O^'^"^') ^^^- ^S- Each inspector of fish, before entering upon the itrnk^m^^' *^^*^®^ "^ ^^^ ofiice, shall give bond, with suflicient sureties, to the treasurer of this state, in the penal sum of oue thousand dol- lars; which bond shall be approved by the county clerk and lodged with the treasurer of tiie county for which such inspector is elected.— (§1396.) Annual retnras. (178.) Seo. 39. Each inspector of fish shall, annually, iu the month of December, make a return to the secretary of state, of the quantity of fish inspected by him and his deputies during the year next preceding the first day of said December ; and in each return he shall specify the different kinds and qualities, and the quantity of each quality so inspected. — (§1397.) FISH. 43 (179.) Sec. 40, The inspector and his deputies shall, on appli- inspection, cation made to them for that purpose, proceed to examine any pickled fish submitted for inspection, and shall see that the same have been well struck with salt or pickle in the first instance, and preserved sweet, free from rust, taint, or damage ; and such fish as shall be found in good order, and of a good quality, shall be packed, either in barrels containing two hundred pounds, or in half-barrels containing one hundred pounds. — (§1398.) (180.) Sec. 41. Such fish shall be packed with good, clean salt, how packed, suitable for the purpose, and after packing said fish with suflBcient salt to preserve them, and heading said casks, they shall be filled up with a clean, strong pickle ; and the fish denominated white- fish, of good quality, properly cleaned, and in good order, may be packed as aforesaid, without having been previously salted or pickled.— (§1399.) (181.) Sec. 43. Each cask shall be filled with fish of one and °°a°^^^*'""'' the same kind ; an'd the inspectors and their deputies shall brand, branded, in plain, legible letters, on the head of each cask of fish inspected by them respectively, "Ifumber one," or "Number two," repre- senting the quality of the fish packed or repacked. He shall also brand on one head of each cask, the denomination of the fish, the initials of the Christian name and the whole of the surname of the inspector or deputy, the name of the county in which such fish are inspected, the word " Michigan," and the month and year of the inspection. — (§1400.) (182.) Sec. 43. If any person, with intent to defraud, shall inter- Penaityfor mix, take out, or change any inspected fish, which shall be packed ^"'^^■ and branded as aforesaid, or shall put any other fish in any cask so branded, for sale or exportation, or if any person shall counter- feit any brand marks of any inspector or deputy, on any cask con- taining fish, he shall forfeit fifteen dollars for each offense. — (§1401.) (183.) Sec. 44. All casks used for packing and repacking pick- casks, how- led fish shall be made of sound, well-seasoned, white, red, or black ™'^°' oak, white ash, or white pine timber. The barrels and half-barrels ■shall be well hooped, with at least ten good hoops each, and shall be made in a substantial, workmanlike manner. — (§1402.) (184.) Sec. 45. The fees for inspecting and branding shall be. Fees of inapeot- for each barrel, ten cents, and for each half-barrel, six cents; and*"^^"'^'''" for overhauling, inspecting, repacking, and branding, for each bar- rel, twenty cents, and for each half-barrel, twelve cents, exclusive of cooperage; which fees shall be paid by the person employing the inspector.— (§1403.) (185.) Sec. 46. If any person shall sell within this state, or Penalty for seu- •shall export, or cause to be exported therefrom, any tainted or p'^tiSg tainted otherwise damaged fish, unless with the intent that the same shall fish, etc. Tdc used for some other purpose than as food, he shall forfeit the sum of ten dollars for every one hundred pounds of such fish, and in the same proportion for any other quantity thereof; and upon ;any trial in such case, the burden of proof shall be upon the -defendant, to show for what purpose such fish were so exported or •sold.— (§1404.) U LAWS RELATING TO PUBLIC HEALTH. toMdir'with (186.) Sec. 47. If any inspector or deputy inspector of fish shall ouUnspMUng.' brand any cask of fish, the contents of which he has not duly inspected and ascertained to be good, or if he shall permit any other person to use his brand, in violation or evasion of the pro- visions of this chapter, he shall forfeit, for each oflfense, the sum of twenty dollars, and shall also be removed from offic?. — (§1405.) FLOUR AND MEAL. Bond ofinspect- (187.) Seo. 48. Each inspector of flour and meal, before enter- OT^ flour and jng upon the duties of his office, shall give bond, with sufficient sureties, for the faithful performance of the duties of his office, in the penal sum of one thousand dollars, which shall be approved by the county clerk and lodged with the treasurer of the county for which such inspector is elected. — (§1406.) Annnai returns. (188.) Sec. 49. Each inspector of flour and meal shall, annually, in the month of December, make a return to the secretary of state, of the quantities and qualities of flour and meal. inspected by him and his deputies during the year preceding the first day of said December.— (§1407.) How packed. (189.) Sbo. 50. All wheat flour, rye flour, and buckwheat meal, manufactured in this state for sale or exportation, shall be packed in good and strong casks, made of seasoned oak or other sufiicient timber, and hooped with at least ten good and sub- stantial hoops, three of which shall be on each chime, and prop- erly nailed.— (§1408.) sizes and capaci- (190.) Sec. 51. The casks shall be of two sizes, one of which tjr of casks. ghall contain one hundred and ninety-six pounds of flour or meal,, with staves twenty-seven inches in length, and each head sixteen and one-half inches in diameter; the other size shall contain ninety-eight pounds, with staves twenty-two inches long, and each head fourteen inches in diameter.— (§1409.) Casks, how made (191.) Sec. 53. The casks shal'l be made as nearly straight as and branded. ^^^ ^^^ ^^^ ^.j^^j^, ^^^^ ^j^^jj ^^ accurately marked on one head with a marking iron, and they shall also be branded with the weight of the flour or meal contained therein, and with the initials of the Ciiristian and the whole of the surname of the manufactur- ers thereof, except when such flour or meal shall be manufactured by a company, when the cask may be branded with the name of such company. — (§1410.) Brand, of wheat (193.) Sec. 53. Every such cask of wheat flour shall also be ^"- branded as follows, namely : If of a superior quality, "Superfine ; " if of a second quality, "Fine;" if of a third quality, "Fine mid- dlings;" if of a fourth quality, "Middlings."— (§1411.) Of rye flour, ete. (193.) Sec. 54. Each cask of rye flour of the first quality shall be branded with the words " Superfine rye flour," and each cask of the second quality, with the words "Pine rye flour," and each cask of buckwheat meal shall be branded with the words "B meal."— (§1413.) Application for (194.) Sec. 55. When the flour or meal has been packed and inspection, etc. {jj-anded according to the preceding provisions, application may be made to an inspector or deputy inspector of flour and meal, and it FLOUR AND MEAL— SALT. 45 shall be his duty to examine and determine the quality of the same.— (§1413.) (195.) Sec. 56. It shall be the duty of the inspector or deputy : patiesof First. To ascertain, by examination, the weight of all casks ^p"''"- ■which he may suspect of being falsely tared ; Second. To alter and correct the brands in all cases where he shall be of opinion that they do not designate the real quality of the flour or meal ; Third. To weigh such casks as he shall suspect do not contain the full weight, and, if they do not contain the full weight, to brand them with the word "Light; " Fourth. To brand all casks containing flour or meal so damaged as not to be fit for exportation, with the word "Bad; " and Fifth. On all casks made, branded, and packed according to the provisions of this chapter, to brand in a legible manner, on one head thereof, the initials of his Christian and the whole of his surname, together with the name of the county where the inspec- tion has been made. — (§1414.) (196.) Sec. 57. Every inspector or deputy inspector of flour Fees of inspoct- and meal shall be entitled to receive for inspecting, boring, brand- ""■ ing, and plugging each barrel and half-barrel, three cents, and for weighing and ascertaining the light weight or under tare of each barrel and half-barrel, three cents. — (§1415.) (197.) Sec. 58. Every person who shall alter or counterfeit any penalty for coon- brand-marks of the inspector or deputy, or of the manufacturer, markrito?"""*" made under the provisions of this chapter, shall forfeit the sum of ten dollars for every cask the brand of which shall be so altered or counterfeited ; and every person who shall put any flour or meal into an empty cask branded by an inspector, and offer the same for sale in such cask, without first cutting out the brands, shall forfeit for each offense the sum of five dollars. — (§1416.) INSPECTION OF SALT. Laws of 1869, p. 34. Approvecl March 6, 1SC9. (198.) Sectioh' 1. The People of the State of Michigan, eMotc^, Mt most be That no salt manufactured in this state after this act takes effect, "i^p''='°*- shall be sold within the state, nor exported therefrom, until the same shall first be duly inspected as provided in this act. Any Pepaity for tIo- person who shall violate the provisions of this section, shall pay, oVtus''sS)n!" for the use of the people of this state, as a fine, the sum of twenty cents for each bushel of salt sold or exported cohtrary to the pro- visions of this act. In case any manufacturer of salt shall know- penalty for eeii- ingly sell, or export, or permit to be sold or exported, salt contrary In^vioiatonof"^ to the provisions of this act, he shall, on conviction thereof, be '^s act. liable to a fine not exceeding one thousand dollars, or imprison- ment in the county jail not exceeding ninety days: Provided, fio^iso. That nothing in this act shall apply to any salt packed and in the hands of dealers when this act takes effect. — (§1458.) (199.) Sec. 2. Immediately after the passage of this act, and inspector of siit, every six years thereafter, there shall be appointed by the governor *pp'"'''°'*"' " • 46 LAWS EELATING TO PUBLIC HEALTH. Term of of&ce. Governor may remove for cause. "Vacancy in office, how filled. Inspector to divide territory into districts, and appoint deputies. of this state, by and with the advice and consent of the senate, an inspector of salt who shall be a person of competent skill and ability, and who shall hold his office for six years and until his successor shall be appointed and qualified, unless sooner removed for cause. He shall at all times be subject to removal by the gov- ernor for cause; and in addition to other causes which may arise, incompetency, or inefficiency in the performance of the duties devolved on him by this act, shall be deemed good cause for removal. Iq case of vacancy in the oflSce, it shall be the duty of the governor to fill the same by appointment, immediately upon receiving notice thereof, and such appointment shall hold until the close of the next session of the senate ; and, in the meantime, the governor shall, with the consent of the senate, appoint to fill the vacancy for the unexpired portion of the term. — (§1459.) (200.) Sec. 3. Immediately after his appointment and qualifi- cation, the inspector shall divide the salt-making territory of this state into so many inspection districts as he may judge necessary, and shall appoint for each district one or more competent and efficient deputy inspectors, who shall hold office at the pleasure of the inspector, and for whose acts he shall be responsible. Such districts may be changed from time to time, as may be necessary. The inspector shall give his entire time, skill, and attention to the duties of his office, and shall not be engaged in any other business or occupation. — (§1460.) (201.) Sec. C. The inspector shall, before entering upon the duties of his office, take the oath prescribed by the constitution of this state, which oath shall be filed in the office of the secretary of state. He shall execute a bond to the people of this state, in the penal sum of ten thousand dollars, conditioned for the faithful per- formance of the duties of his office, which bond shall have at least two sureties, and shall be subject to the approval of the state treas- urer, and, when approved, shall be by such treasurer filed and de- posited in his office; and the inspector shall renew his bond every year. Any person or corporation injured by the neglect or default of such inspector, or by his misfeasance in office, or by the neglect, default, or misfeasance of any of his deputies, may maintain an action on such bond, in the name of the people, for the use of the party prosecuting, and shall be entitled to recover the full amount of damages sustained. — (§1463.) (202.) Sec. 7. Each of the deputies appointed by the inspector shall take the oath of office prescribed by the constitution, and shall give bond to the inspector, ia such sum, and with such sure- ties as he may approve, conditioned for the faithful performance of his duties as such deputy; and incase said inspector shall be obliged to pay any sum for the neglect or default or misfeasance of any deputy, he may recover of such deputy and his sureties on such bond, the amount he was obliged to pay, with accruing costs.-(§]464.) (203.) Sec. 8. The inspector shall keep his principal office in either Saginaw or Bay county, and the deputy for the district in which such office is located may occupy the same office. This Oath of inspect- or, where filed. Bond where filed. Persons injured may maintain action on bond. Oath of depaties. Bond. Location of office. INSPECTION OF SALT. 47 ofSce shall be open at all times during business bours. All the office honrs. books, records and accounts shall be kept at this ofiSce, and each Reports of deputy shall, at leasb once in each month make a written report, ''^^"*'^^- by mail or otherwise, to the inspector, of the salt inspected by him during the month, stating for whom, and the quantity and quality thereof. Abstracts of these reports shall be entered in books pro- Eeoord of same. vided for that purpose. Said inspector shall, in proper books, keep a full record and account of all his transactions; and such books shall also be open for the examination of all persons wish- ing to examine the same during oflBce hours.' — (§1465.) (204.) Seo. 9. The inspector shall not be in any way concerned I''^P^°'?f."''A*° in the manufacture or selling of salt, or have any interest whatever, salt. directly or indirectly, in any salt manufactory, or erection for manufacturing salt in the State of Michigan, or in the profits of any such manufactory. — (§1466.) (205.) Sec. 10. It shall be the duty of the deputy, in each dis- visits of deputy, trict, to visit, once in each day, Sundays excepted, each salt manu- factory in his district, when in operation, and to ascertain if there be therein any salt of bad quality, and such as ought not to pass inspection.— (§1467.) (206.) Sec. 11. It shall be the duty of the inspector to visit the visits of manufactories in which salt is made, that may be in operation in '''*^'"""'- the ^fierent districts, as often as practicable. — (§1468.) (207.) Sec. 12. The inspector or deputy, at each visit, as pro- Datios when Tided in this act, shall carefully examine the salt in the bins, and '"^p^"""^- the brine in kettles, or pans, or vats in which the salt is manufac- tured. If the salt in the bins, or any part thereof is of bad quality, and such as ought not to pass inspection, or if the brine in the kettles, or pans, or graining-vats have not been cleansed, he will direct and see that the owner, or occupant, or boiler, or other per- son having charge of the manufactory, remove the bad salt from the bin and place it vi'ith second quality salt, or throw it among the bitterns, as the inspector or deputy may direct, and the impure brine in the kettles, or pans, or graining-vats be thrown out, and new brine substituted. — (§1469.) (208.) Sec. 13. No lime or lime-water shall be used by any per- sroiimeoriime son in the manufacture of salt, in the kettles, or pans, or graining- ^'If *° ^" vats used for manufacturing, under a penalty of twenty-five dollars and costs for each offense, to be sued for in the name of the people of this State : Provided, That iron vessels used in the manufac- Proviso, ture of salt may be white-washed, when cool, to prevent the accum- ulation of rust.— (§1470.) (209.) Sec. 14. Every person desiring to have salt inspected shall Application for apply to the inspector or deputy inspector of the district where ''"p°°'""'' the same shall be, which inspector or deputy inspector shall there- upon actually examine the salt so offered for inspection, in the package in which the same may then be. — (§1471.) (210.) Sec. 15. To facilitate such examination, it shall be the to facuitate duty of the person or company offering the salt for inspection, to «»"•"»«»=• 1 As amended by act No. S6 Laws of 18TB, p. 128. 48 LAWS RELATING TO PUBLIC HEALTH. What gaalitica Ealt to contain. Certificate of inspection. Brand. unhead or bore the barrel, or to open the bag or other package in which the salt is contained, as may be directed by the inspector or deputy inspector, so as to expose the salt to his touch, view, and examination. — (§1472.) (311.) Sec. 16. The inspector or deputy inspector shall not pass any salt as good, unless he shall find it to be well made, free from dirt, filth, and. stones, and from admixture of lime, or ashes of wood, and of any other substance which is injurious to salt, fully drained from pickle, the bitterns properly extracted therefrom, and manufactured as directed by this act and by the rules and regulations of the inspector. — (§1473.) (^13.) Sec. 19. Each inspector or deputy shall deliver to the party for whom he shall inspect salt, a certificate of the quantity and quality inspected, and shall thereupon direct the employes of the manufacturer to brand and mark,, under his personal super- vision, with durable paint, the package containing the salt so inspected, with the surname of the inspector at length, and the initials of his Christian name, with the addition of the word "Inspector," in letters at least one inch in length, and shall also cause to be marked or branded by the employes of the manufac- turer upon the head of the barrel, cask, or package, the weight prescribed for such barrel, cask, or package by the inspector, when such weights are in eoaformity to the rules and regulations pre- scribed by the inspector in that regard ; and if such weights do not correspond to the rules and regulations, he shall cause the same to be repacked so as to conform thereto.' — (§1476.) (213.) Sec. 20. If the said salt shall be put up in barrels it shall not be marked unless the barrels are thoroughly seasoned, stout, and well made, with such number of hoops as shall be prescribed' by the inspector, to be well nailed and secured.' — (§1477.) (214.) Sec. 21. Every person who shall falsely or fraudulently make or counterfeit, or cause to be made or counterfeited, or know- ingly aid and assist the false or fraudulent making or counterfeit- ing the mark or brand of any inspector or deputy inspector, on any package containing salt, shall be deemed guilty of felony, and, on conviction thereof, shall be subject to a fine of not less than one hundred nor more than one thousand dollars, or be impris- oned in the state prison for a term of not less than one nor more than six years, or both, in the discretion of the court. — (§1478.) (215.) Sec. 22. No manufacturer or other person shall pack, or cause to be packed, in barrels, casks, boxes, or sacks, any salt, until an inspector shall have determined, upon actual examination, that the same is sufiBciently drained of pickle, and otherwise fit to pack.— (§1479.) (216.) Sec. 23. The inspector and his deputies, in their daily examination of the several salt manufactories, shall examine all bins of salt, for the purpose of ascertaining whether any salt is packed contrary to the provisions of the foregoing section.' — (§1480.) Weights to con- form to rules prescribed by inspector. Barrels, how made, etc. Counterfeiting brand of inspect or deemed fel- ony; fine there- for. Salt to be in- spected before packed. Inspettor may examine all bins of ealt. I As amended by act No. 86 Laws of 1875, p. 128. > As amended by act 66 of 1878, p. 67. INSPECTION OF SALT. 49 (317.) Sec. 24. If any manufacturer or other person shall pack Penalties of any salt before the inspector or one of his deputies shall have deter- i^p^um!"" mined that it is fit for packing, he shall forfeit the sum of twenty- five cents for every bushel of salt so packed. — (§1481.) (218.) Sec. 25. Barrels, casks, or sacks in which salt shall have Barrels, etc, been packed and inspected, shall not again be used for the packing <"i>=«"se<'- ' of salt therein, until the mark or brands made by the -inspector shall be first cut out or removed ; and if any person shall pack, or cause to be packed, or shall aid or assist in packing any unin- spected salt in any such barrels, casks, or sacks, without first cut- ting out or removing such marks or brands, he shall forfeit, for every bushel of salt so packed, the sum of one dollar. — (§1482.) (219.) Sec. 26. It shall be the duty of every manufacturer to Name of person, brand, or mark with, durable paint, every cask or barrel of salt ?„°Vng,Yo"appe»r manufactured by him, with the surname at full length of the pro- oa barrels, etc. prietor or owner of the manufactory at which the same shall have been made, and the initial letters of his Christian name ; and if the same shall have been manufactured for a company, or associ- ation of individuals, he shall mark or brand, in like manner, upon every such cask or barrel, the name by which the company is usually called : Provided, That no second-quality salt shall be so rroviso. marked.— (§1483.) (220.) Sec. 27. No inspector or deputy inspector shall inspect or inspector not to pass any barrel, cask, box, or sack of salt which shall not be marked Mt\o*marke™'' or branded in the manner prescribed in the last section, and the inspector or deputy shall not afBx his brand to any barrel of salt which shall not have been so branded by the manufacturer offering the same for inspection : Provided, That none of the provisions of Proviso, this section shall apply to second-quality salt: A7id provided uem. further, That the inspector may, by regulations prescribed by him, , provide that both the brand of the manufacturer and that of the inspector shall be put upon each package at the same time.— (§1484.) (221.) Sec. 28. Salt of an inferior quality — dirty, damaged, or inferior salt, condemned — may be sold loose, or in bulk, by the manufacturer^""^" ' thereof, at the works, the inspector making bills of the same, des- ignating the quantity by weight, as in ordinary cases, and distin- guishing the same as " second quality; " or, such inferior salt may be packed in boxes, barrels, casks, or sacks, and branded by the inspector with the words " Second-quality salt," in plain letters not less than one inch in length, and such inspector shall add the initials of his name, and no other or different brand shall be placed thereon ; and said second-quality salt, subject to the provisions of this section, may be sold or exported by the owner as such.— (§1485.) (222.) Sec. 29. Every person who shall forge or counterfeit the counterfeit of name so required to be put on by the manufacturer, or shall cause ™^"'*''"'"''* or procure to be put on any barrel or cask in which salt shall be packed, the name of any person other than that which properly should be placed thereon according to the provisions of this act, shall, for every such barrel, cask, or sack, forfeit the sum of one Penalty, hundred dollars, and shall also be liable for all damages to the party aggrieved.— (§1486.) 7 50 LAWS EELATING TO PUBLIC HEALTH. Eegulatiag qniuiHty in baga, etc. Ground salt, how marked. Size of letters. Connivance of inspector. Penalty. Connivance of deputy. Penalty. Inspector to Inspect salt at once, on appli- cation. Penalty for neglect. Bitterns sold e finch. Who to fill va- cancy of inspect- or. Fine salt, how marked, (223.) Sec. 30. The inspector shall, by regulation from time to time, specify the quantity of salt that shall be contained in bags or other packages" which shall be offered for inspection. And it shall not be lawful for him to authorize the inspector's brand to be placed upon any package that does not correspond with said regu- lation.— (§1487.) (324.) Sec. 31. The inspector shall, by regulation, require that all ground salt manufactured and put up for market, shall be legibly marked on each keg, box, sack, bag, or other package con- taining the same, with the words " Ground solar," or " Ground boiled," or " Ground steam," or " Ground Ohapin," as the fact may be; such marking to be done in letters not less than an inch in length.— (§1488.) ■ (225.) Sec. 32. If the inspector shall consent to, connive at, aid or abet the smuggling of salt, or the transportation of the same away, so as to evade the inspection thereof, or shall accept of any bribe, or sum of money, or any gift or reward whatsoever, upon any express, or secret, or implied trust or confidence that he shall connive at or consent to any evasion of the laws for the inspection of salt, such inspector shall forfeit his office and pay to the use of the people of this state the sum of one thousand dollars. — (§1489.) (226.) Sec. 33. If any deputy inspector shall be guilty of the offenses specified in the last section, or any of them, the inspector appointing such deputy shall forfeit to the use of the people of this state the sum of two hundred and fifty dollars, for the recov- ery of which his bond shall be put in suit. — (§1490.) (227.) Sec. 37. It shall be the duty of the inspector and his deputies, upon being applied to by any manufacturer to inspect salt in his district, to inspect the same forthwith ; and in no case shall the inspector or any deputy delay the inspection of salt beyond twelve hours of daylight, excluding Sundays, after such application, unless such manufacturer shall consent to the delay. For a viola- tion of this section by the inspector, or any one of his deputies, the inspector and his sureties shall be liable to the party aggrieved in the sum of fifty dollars over and beyond all actual damages sus- tained.— (§1494.) (228.) Sec. 38. Nothing contained in this act shall be construed so as to prevent the sale or exportation of the bitterns from any manufactory of salt, such bitterns to be sold or exported in bulk, or, if in casks or barrels, to be branded as bitterns, and sold or exported as such. — (§1495.) (229.) Sec. 39. In case of any vacancy, from any cause, in the office of the inspector, the deputy who has been longest contin- uously in office shall possess the powers and perform the duties of inspector until such vacancy shall be filled ; and the bond of the inspector and his sureties shall continue to be liable for the acts of all the deputies, until such vacancy shall be filled.' — (§1496.) (230.) Sec. 41. The inspector shall establish a grade of " fine " salt, the grain of which shall be at least as fine as the average grain of salt made in kettles. He shall cause the word " Tine " to be 1 Ab amended by Act 86, Laws of 1875, p. 123, ADULTEKATION OP MILK, ETC. 51 marked on the packages containing such salt, in large letters, and the word " Pine," with or without qualification, shall not, under any circumstances, be placed on salt of course grain ; but all other grades shall be designated on the packages by some truly descrip- tive mark or brand, and the inspector may mark salt " Second quality" for imperfect grain, as well as for any other defect. — (§1498.) (231.) Sec. 42. jCfothing in this act contained shall be construed Saitinbaik. to prevent the sale or shipment of salt in bulk, after the same shall have been duly inspected and a certificate thereof given by said inspector or any deputy. And nothing in this act shall be con- Private trade- strued to prevent manufacturers from putting such' private trade- ™*'^^' mark or brand on their salt as they may see fit : Provided, It Proviso, contains no untruth or statement calculated or intended to deceive the purchaser. — (§1499.) VII. The Adultekatiok of Milk and Bev- EKAGES.* THE ADULTERATION OF MILK AND THE PRODUCTS MADE THEREFROM. Laws of 187S, p. 26, approved March 12, i878. (232.) SECTioiir 1. The People of the State of Michigan ejzac^, Provisions rcia- That whoever shall knowingly sell to any person or persons, or *'™'"*''*^'>'°- sell, deliver, or bring to be manufactured to any cheese or butter manufactory in this state, any milk diluted with water, or in any way adulterated, or milk from which any cream has been taken, or milk commonly known as " skimmed milk," or shall keep back any part of the milk known as " strippings," with intent to de- fraud, or shall knowingly sell milk, the product of a sick or dis- eased animal or animals, or any milk produced from any cow fed upon the refuse of a distillery, or of a brewery, or upon any sub- stance deleterious to the quality of the milk, or shall knowingly use any poisonous or any deleterious material in the manufacture of any cheese or butter, or shall knowingly sell or offer to sell any cheese or butter, in the manufacture of which any poisonous or deleterious substance has been used, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less penalty for than ten dollars nor more than one hundred dollars; and may be ""iii'Matingietc. committed to the county jail until such fine shall be paid : Pro- proviso. vided, That such imprisonment shall not exceed ninety days; and Doubiedamagea. shall be liable in double the amount of damages to the person or persons, firm, association, or corporation upon which such fraud shall have been committed. An act entitled " An act to prevent ^^t repealed, the adulteration of milk and to prevent the trafiBlc in impure and »See also "Offenses against the pablic health," this compilation, Chapter V., section 2. 53 LAWS EELATING TO PUBLIC HEALTH. unwholesome milk," approved March thirty-first, eighteen hun- Proviso. .dred and ssTenty-one, is hereby repealed : Provided, That any right accrued or forfeiture incurred under said act, shall remain valid and binding, and may be enforced under said act as if the same were not repealed. THE ADULTERATION OF ALCOHOLIC LKiUOES.' Laws of 1875, p. 270. Approved May 8, 1S75. Penalty for (233.) Sectiojs^ ] . The People of the State of Michigan enact, ?tanOTro?for ^'^^*' ^^ ^"y Psi'son shall adulterate any spirituous or alcoholic liquors seUingorofFeriDg used or Intended for drink, by mixing the same in the manufac- ttesame lor j.^^^.^ ^^ preparation thereof, or by process of rectifying, or other- wise, with any deleterious drug, substance, or liquid, which is poisonous or injurious to health, except as hereinafter provided, or if any person shall sell, or offer to sell, any wine or spirituous, or alcoholic liquors, or shall import into this state any wine or spir- ituous or intoxicating liquors, and sell or offer for sale such liquors, knowing the same to be adulterated, or shall sell or offer to sell any spirituous or intoxicating liquors from any barrel, cask, or other vessel containing the same, and not branded as hereinafter provided, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding five hundred dollars, nor less than fifty dollars, and shall be imprisoned in the jail of the county not more than sixty nor less than ten days. Brand. (234.) Sec. 2. It shall be the duty of every person or persons engaged in the manufacture and sale of malt, spirituous, or alco- holic liquors, or in rectifying or preparing the same in any way, to brand on each baiTel, cask, or other vessel containing the same, the name or names of the person, company or firm manufacturing, rectifying, or preparing the same, and also these words, "Pure, and without drugs or poison." Sale from casks, (235.) Seo. 3. No pcrsou shall sell at wholesale or retail any ale, *''''iubitea'""^°^' ^'^™' wine, or other malt or spirituous liquors from any barrel, *"" ■ cask, or vessel, unless the same shall have been branded and marked as aforesaid. Evidence of vio- (^^^O ^^^- ^- If ^^y barrel, cask, or other vessel containing any lation of this drugged or poisoned liquor shall be found in the possession of any '^'' wholesale or retail dealer in liquors, or in the possession of any person holding himself out as such a dealer, it shall be deemed frima facie evidence of the violation of the provisions of this act. Penalty for (^^37.) Sbc. 5. Any persou who shall put into any barrel, cask, ii°no?f in™^^"'' '^^ other vessel, branded, or marked, as required by this act, any b?andcd'caskB, liquors drugged or adulterated as aforesaid, or who shall sell or ''"■ offer for sale any such liquors, for the purpose and with the intent of deceiving any person in the sale thereof; shall be deemed guilty > This act is similar in its provisions to act of Pebrnary 15, 1859 (Compiled Laws p 487) althoiiKli it does not in terms repeal or supersede that act. The essential difference i)otween the two is, that the act of 1859 provides for the inspection of liqaors, while this act makes the brand evidence of quality. This reference to the act of 1869 Is all that is deemed necee- sary in this compilation. CONTAGIOUS DISEASES IN CATTLE. 53 of an attempt to practice a fraud, and upon conviction thereof shall be imprisoned in the state prison not more than one year. (238.) Sec. 6. The provisions of this act shall not be so construed Adulteration for as to prevent druggists, physicians, and persons engaged in the mechanical pnr- mechanical arts from adulterating liquors for medical and mechan- ^°^^- ical purposes. (239.) Sec. 7. Prosecutions for a violation of any of the provis- prosecutions for ions of this act may be commenced by information in the circuit JJtl*'""' "' """ court of any county, by the prosecuting attorney of the county in which the offense shall be committed, which information shall be filed with the proceedings in any previous examination before any justice of the peace, and the proceedings after the filing of the information, or information and proceedings as aforesaid, shall be the same as in other criminal cases. VIII. Impoktaxion OB Diseased Cattle asd Shee p. CONTAGIOUS DISEASES IN CATTLE. Session Laws of 1869, p. 819. Approved April 5, 1860. (240.) Section 1. Tk'e People of the State of Michigan enact, ootemot to That when the governor of the state of Michigan shall be satisfied SSssioneH™' of the necessity of the same, he shall have power to appoint three commissioners, to hold their ofiBce for two years, and make report annually to the secretary of the state board of agriculture. Such Powers of oom- commissioners shall have power to use means to prevent the spread °"^="'°«"- of dangerous diseases among animals, and protect the people of the state from the dangers arising from the consumption of dis- eased meat. Said commissioners shall have power to administer oaths, and appoint assistants for such time as they may deem proper, and to place animals in quarantine, and to do generally whatever may be necessary to prevent the spread of contagious diseases among animals. — (§1742.) (241.) Sec. 2. No animal shall be permitted to enter or pass infections ani- throngh this state, which shall be deemed by either of the commis- ^m the state, sioners capable of diffusing or communicating contagious dis- eases.— (§1743.) (242.) Sec. 3. No cattle brought from Texas or the Indian Ter- Texas catue, ritories shall be permitted to pass through this state, or any part «' As amended by Act No. 98, Session Laws of 1875, p. 186. 8 58 LAWS EELATING TO PUBLIC HEALTH. thereof, shall pay the sum of twenty-five dollars, or be imprisoned in the county jail for the period of ninety days, or both, in the discretion of the court. The expense incurred in the erection and maintenance of the gates provided for in this section, and of the necessary gate-keepers, shall be shared equally by the railroad com- panies alongside whose tracks the gates shall be located.' useof intoxi- (256.) Sec. 5. M"o person shall be employed as an engineer, train omSoyes'^r?-''^ dispatcher, fireman, baggage-master, conductor, brakeman, or other wbited. servant upon any railroad, in any of its operating departments, who uses intoxicating drinks as a beverage; and any company in whose service any such person shall knowingly be employed shall be liable to a penalty of five hundred dollars for every such offense, to be sued for in the name of the people of the state of Michigan. Liabiuty of per- (257.) Sec. 6. If any person shall be intoxicated while in charge chwgro? OTgine of a locomotivc engine, running upon the road of any such com- for being Intoxi- pany, or whilc acting as the conductor of any train of cars on any such road, h« shall be liable for all damages incurred or produced in consequence thei-eof, and shall be deemed guilty of a misde- Proviso. meaner: Provided, That this shall not affect or release the rail- road company from any such liability, corijoration to (258.) Sec. 7. It shall be the duty of every railroad corporation ^oye's'co^es of JQ this statc to furnish to each of its employes of every grade a rules. printed or written copy of its rules and regulations relative to Penalty for vio- their respective duties, and any conductor, engineer, servant, or ramfa^yf °' Other employe of any such railroad corporation, who shall know- ingly violate any of the printed or written rules or regulations of such company, shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars, or to an imprisonment in the. county jail not more than three months, or both such fine and imprisonment, in the discretion of the court.' Making np (259.) Seo. 11. In forming a passenger train upon any railroad passenger trams, q^^j.^!^^^ j^ ^jjjg gtate, the engine shall be placed at the head of the train, and no baggage or freight car shall be placed in the rear of any passenger car; and any officer, agent, or other employe who shall cause them to be so placed, or who shall knowingly suffer the same to be done, shall be deemed guilty of a misdemeanor, and be punished accordingly. Panisiiment for (260.) Sec. 12. If any person shall, by the placing of any impedi- Slnte^n^rthe ment upon the track of any railroad, or by any other means what- track.etc. soevcr throw from said track any engine or cars used thereon, or attempt so to do, whether such engine or cars be thrown from said track or not, or shall by any other means whatsoever willfully endanger or attempt to endanger the lives of persons engaged in the work of said road, or persons traveling on the engine or cars of said road, he shall be sulgect to imprisonment in the state prison during his natural life, or any number of years, in the discretion of the court." And it shall not be necessary for the people to allege or prove in any such case that the person thereby intended to injure or endanger the life of any particular person or persons. » As amended by Act No. 8?, SesBion Laws of 1875, p. 1S6. GENERAL EAILROAD LAW. 59 (261.) Sec. 13. A bell of at least thirty pounds weight and a bcii and wHstia steam whistle shall be placed on each locomotive engine, and said when°uTe°d*md' whistle shall be twice sharply sounded at least forty rods before f^^^^^''^ ^" °^S" the crossing is reached ; and after the sounding of the whistle, the bell shall be rung continuously until the crossing is passed, under a penalty of one hundred dollars for every neglect : Provided, Pfoviso-use iu That at street crossings within the limits of incorporated cities or °' ™' ° °' villages, the sonnding of the whistle may be omitted unless required by the commoa council or board of trustees of any such city or village ; and the company shall also be liable for all dam- ages which shall be sustained by any person by reason of such neglect. Every railroad corporation shal], and they are hereby signai-boarSs at required to cause boards to be placed, well supported by posts or ""^^'''ss. otherwise, and maintained at each public road or street, where the same is crossed by the railroad and on the same level. The boards shall be elevated so as not to obstruct the travel and to be easily seen by travelers; and on each side of said board shall be painted, in letters of not less than twelve inches in height, the words "rail- road crossing;" but such boards need not be put up in cities or villages unless required by the proper oflBcers thereof. This pro- vision shall not apply to boards already erected.^ (262.) Sec. 14. Every locomotive engine, passenger, freight, or Trains to stop other train of cars running on any railway, shall be brought to a J'^^'^^^^^jj^^f full stop, not nearer than two hundred feet nor farther than eight roads, hundred feet from any railroad crossing, and shall not cross until the way is clear ; and when two passenger or freight trains come which train to up at the same time, the train on the road first built shall have *""" p'""'*""''*- precedence, provided they are both main tracks over which passen- gers and freights on said road are transported; but if only one is such main track, and the other is a side or depot track, then the train on the main track shall take precedence. But if one of said Penalty for vio- trains is a passenger and the other a freight train, then the former ^'""""'' "^*' shall take the precedence ; and every engineer, conductor, or other person having charge or control of said engine or train who shall offend against the provisions of this section, shall be liable to fine of not exceeding one hundred dollars for each violation. (263.) Sec. 15. Every railroad company formed under this act, Fences, cattie- or any former act, and every corporation owning or operating any guards, etc. such railroad shall erect and maintain fences on the sides of their respective roads of the height and strength of a division fence required by law, with fences and cattle-guards at all highway and street crossings, sufiBcient to prevent cattle or other animals from getting on such railroad; also gates or bars convenient for farm' crossings. Until such fences and cattle-guards, or ditches, shall be lability previ- duly made, such company or corporation owning or operating such °^_ '» i<'^pi»th» That every railroad corporation operating or doing business in this ""■' ^" ' '* ■ 62 LAWS KELATING TO PUBLIC HEALTH. state is hereby prohibited from running any passenger cars of its own, or those of any other corporation doing business in this or any other state, which are lighted by naphtha, or by any illuminat- ing oil or fluid, made in part from naphtha, or wholly or in part Penalty. from coal oil or petroleum. Any railroad corporation which vio- lates the provisions of this act shall forfeit a sum not exceeding five hundred dollars. ACT RELATING TO ACCIDENTS ON RAILROADS. Laws of 1875, p. 80. ApproTed April 1, 18"5. Notice of acci- dents. (270.) SECTioif 1. Tlie People of the Stale of Michigan enact. That every railroad corporation doing business in this state shall cause immediate notice of any accident which may occur on its road, attended with loss of life to any person, to be given to a coroner of the county residing nearest to the place of accident, and shall also give notice within twenty-fotir hours to the commissioner of railroads of any such accident, or of any accident falling within a description of accidents of which said commissioner may, by gen- eral regulation, require notice to be given. For each omission to give such notice, the corporation shall forfeit a sum not exceeding one hundred dollars. Commissioner to (2?1.) Sec. 2. The Commissioner of railroads shall investigate the M^of accideiTtsf' causes of any accident on a railroad resulting in loss of life, and of any accident not so resulting, which, in his judgment, shall require investigation. DECAYED AND DANGEROUS TREES NEAR RAILROAD TRACKS. Session Laws of 18TS, p. U. Approved March 10, 18T5. Railroad com- (272.) Sectiok 1. Ihe PeopU of the State of Michigan enact, ''"'''tdan°erOTi5 ^^^^ ^"iJ railroad company owning, controlling, or operating any trees. line Or lines of railroad in this state, be and is hereby authorized and required to cut any tree or trees that are dangerous and liable to fall or blow over and obstruct such track. Persons ob- strnctiDg or damaging any railroad traik, etc., liable to imprisonment for life. DEPREDATIONS UPON RAILROADS. Laws of 1S69, p. 320. Approved April 5, 1869. (273.) Section 1. That every person who shall place upon any railroad any timber, stone, iron, or other obstruction, or who shall loosen or displace any rail of the track of such railroad, or shall break down or displace, destroy, or injure any bridge, culvert, or embankment of any railroad, or do any other act with intent to endanger the safety of any person traveling or being upon such railroad, or to throw from such railroad any locomotive, tender, or car moving along the track of such railroad, on which shall be any person or property liable to be injured thereby, shall be pun- ished by imprisonment in the state prison for life, or for a term of years.'— (§7619.) I As amended by Act 163 of the Laws of 1871, p. 256. INSPECTION OP ILLUMINATING OILS. 63 (274.) Sec. 3. If any person, not being employed on any railroad, Uncoupling, shall willfully and maliciously uncouple or detach the locomotive or°car°8°b™r«™ or tender, or any of the cars, of any railroad train, or shall in any 'wa^etc™' way aid, abet, or procure the doing of the same, such person shall be punished by imprisonment in the state prison not exceeding ten years, or by fine not exceeding two thousand dollars, or both at the discretion of the court. — (§7621.) (375.) Sec. 4. If any person shall unlawfully seize upon any loco- Eunningaway motive, with any express or mail car attached thereto, and run ^ wWchM^prlss away with the same upon any railroad, or shall aid, abet, or pro- aftached*"^^ °'° cure the doing of the same, such person shall be punished by im- prisonment in the state prison not exceeding ten years, or by fine not exceeding two thousand dollars, or both at the discretion of the court.— (§7632.) X. Illumin ATisro Oils and Explosive Sub- stances. INSPECTION OF ILLUMINATING OILS.' Session Laws of 1875, p. 208. Approved May ], 1875. (376.) Section 1. The People of the State of Michigan ewac^, state inspector That the governor shall appoint a suitable person, resident- of the ment of*''^'"'''' state, who is not interested in manufacturing, dealing, or vending any illuminating oils manufactured from petroleum, as state in- spector of oils, whose term of ofBce shall be two years from the Term of office, date of appointment, or until his successor shall be appointed and shall qualify. It shall be the duty of said state inspector to exam- TotestoUa ine and test the quality of all such oils offered for sale by any °"""^ '"'' °*''' manufacturer, vender, or dealer, and if, upon such testing or exam- ination, the oils shall meet the requirements hereinafter specified, he shall fix his brand or device,- viz. : "Approved," with the date, Brand, over his official signature, upon the package, barrel, or cask con- taining the same, and it shall be lawful for any manufacturer, vender, or dealer to sell the same as an illuminator; but if the oil so tested shall not meet said requirements, he shall mark in plain letters on said package, cask, or barrel, over his ofiQcial signature, the words, "Kejected for illuminating purposes;" and it shall be trniawfni to seu unlawful for the owner thereof to sell such oil for illuminating "J^"**^ »'''• purposes ; and if any person shall sell, or offer for sale such rejected oil, he shall be deemed guilty of a misdemeanor, and shall be pun- ished as provided in section four of this act. (277.) Sec. 2. The state inspector provided for in this act, is hereby Deputy inspect- 1 This act, although it does not say so in terms (see the last section), was doubtless in- tended to repeal or supersede the acts of April 8, 1869, and March IS, 1861 (Compiled Laws, pp. 498 and 2124), and amendatory acts of April 17 and 25, 1873, Laws of 1878, pp. 186 and 216. 64 LAWS RELATING TO PUBLIC HEALTH. Proviso. Inspectors to provide them- selves witb in- struments and inspect oils when called upon. Test. Proviso. Oil tester. Oath of inspect- or and deputies Bond of inspect- or. empowered to appoint a suitable number of deputies, which depu- ties are hereby empowered to perform the duties of inspection, and shall be liable to the same penalties as the state inspector : Pro- vided, That the state inspector may remove any of said deputies for reasonable cause. It shall be the duty of the inspector and his deputies to provide themselves, at their own expense, with the nec- essary instruments and apparatus for testing the quality of said illuminating oils, and, when called upon for that purpose, to promptly inspect all oils hereinbefore mentioned, and to report as dangerous all oils which, by reason of being adulterated, or for any other reason, will, at the temperature of one hundred and fifty de- grees of Fahrenheit's thermometer, take fire when a well-lighted match is applied thereto or plunged therein, or which will emit a combustible vapor at the temperature of one hundred and forty degrees of Fahrenheit's thermometer: Provided, The quantity of oil used in this test shall not be less than half a pint, and it shall be the duty of said inspector to designate, by his brand, the temperature at which said oil will ignite. The oil tester adopted and recommended by the Michigan state board of health shall be used by the inspector and his deputies. (378.) Sec. 3. Every person appointed state inspector or deputy inspector shall, before he enters upon the discharge of the duties of his ofiBce, take an oath or affirmation, prescribed by the consti- tution and laws of this state, and the state inspector shall also execute a bond to the state of Michigan, in such sum and with such surety as shall be approved by the secretary of state, condi- tioned for the faithful performance of the duties imposed upon him by this act, which bond shall be for the use of all persons aggrieved by the acts or neglect of said inspector ; and the same shall be filed with the clerk of the county where the inspector resides. The deputy inspector shall execute a bond to the state of Michigan in such sum and with such surety as shall be approved by the judge of probate, and file the same with the county clerk in the county where the deputy inspector resides. Said inspector or dep- uty inspector shall be entitled to demand and receive from the owner or party calling on him, or for whom he shall inspect, the sum of fqrty cents for a single barrel, package, or cask, [and] thirty cents each when not exceeding five in number; twenty-five cents each when not exceeding ten in number, and ten cents for each additional barrel, package, or cask so inspected and branded by him ; and it shall be the duty of every inspector or deputy in- spector to keep a true and accurate record of all oils so inspected and branded by him, which record shall state the date of inspection, and number of gallons or barrels, and the name of the person for whom inspected ; and the record shall be open to the inspection of any and all persons interested. And it shall be the duty of every deputy inspector, within one month after the inspection by him of any oils hereinbefore mentioned, to make a true and accurate re- turn thereof to his principal. All illuminating oils manufactured or refined in this state shall be inspected before removed from the manufactory or refinery. And if any person or persons, whether Bond of deputy. Fees for inspec- tion. Record of oils inspected. Deputies to re- port monthl; to principal. Inspection of oils mannfac- tnred in tbls etate. INSPECTION OF ILLUMINATING OILS. 65 manufacturer, vender, or dealer, shall sell or attempt to sell to any Penalty for seii- person in this state, any illuminating oils, whether manufactured lSfp|o'tioif'°'° in this state or not, before having the same inspected as provided in this act, he shall be deemed guilty of a misdemeanor, and he shall he subject to a penalty in any sum not exceeding five hun- dred dollars; and if any manufacturer, vender, or dealer of either Penalty for or any of said illuminating oils shall falsely brand the package, eto."^'"^ '^""'^ cask, or barrel containing the same, as provided in the sections one and two of this act, or shall use packages, casks, or barrels having the inspector's brand thereon, without having the oil inspected, he shall be deemed guilty of a misdemeanor, and he shall be subject to a penalty in any sum not exceeding five hundred dollars, nor less than one hundred dollars, or be imprisoned in the county jail not exceeding six months, or both, at the discretion of the court. (379.) Sec. 4. It shall be the duty of the inspector, or any dep- inspector or uty inspector who shall know of the violation of any of the pro- ooTpkia't.""''' visions of sections one and three of this act, to enter complaint before any court of competent jurisdiction against any persons so ofifending. (280.) Sec. 5. No inspector or deputy inspector shall, while in inspectors not office, traffic directly or indirectly in any article which he is ap- '" "'''*^° '" ""'• pointed to inspect. For the violation of this section he shall be liable to the penalty not exceeding ten hundred dollars. (381.) Sec. 6. No person shall fraudulently adulterate, for the No person to purpose of sale or for use, any coal or kerosene oils to be used for sd'i^'u'sec''er- lights, in such a manner as to render them dangerous to use; nor prodaotj'""'^''' shall any person knowingly sell or offer to sell, or knowingly use such adulterated oil, nor shall any person knowingly sell or ofier for sale or knowingly use any coal or kerosene oil, or any of the products thereof, which, by reason of being adulterated, or for any other reason will, at the temperature of one hundred and fifty de- grees of Fahrenheit's thermometer^ take fire when a well-lighted match is applied thereto or plunged therein, or which will emit a combustible vapor at the temperature of one hundred and forty degrees of Fahrenheit's thermometer : Provided, That the quan- Proviso, tity used in the test shall not be less than one-half pint : And fur- Farther proviso. ther provided, That the gas or vapor from said oils maybe used for illuminating purposes when the oils from which said gas or vapor is generated are contained in reservoirs under ground outside the building illuminated or lighted by said gas. Any person violating penalty for vio- the provisions of this act shall be deemed guilty of a misdemeanor, {.ft^^/^t!'"""' and shall upon conviction thereof be punished by imprisonment in the county jail not more than one year, or by fine not exceeding four hundred dollars, or by both fine and imprisonment, in the dis- cretion of the court. (383.) Sec. 7. All acts or parts of acts contravening the provis- Acts repealed. ions of this act are hereby repealed. 66 LAWS EELATINa TO PUBLIC HEALTH. Transportation and storage of nitro-glyoerine, etc., prohibited unless labeled. Proviso, NITKO-GLYOKEINB AND OTHER EXPLOSIVE SUBSTANCES. Laws of 1873, p. 186. Approved April 22, 18T3. (283.) Section' 1; The' People of the State of Michigan enact, That it shall be unlawful hereafter to bring within this state, or to transport, carry, ship, deposit, store, or place nitro-glycerine, giant powder, dynamites, dualine, or any other substance of which nitro- glycerine shall constitute an ingredient, or that may be exploded by concussion, in or upon any car, vessel, steamboat, or other water- craft or public conveyance, wharf or other public place within the state of Michigan, unless the package or box containing the same shall be labeled on the outside thereof, the words " Nitro-glycerine, dangerous;" and also the same shall appear as inserted or written in or upon the bill of lading, freight bill or other evidence of trans- portation; thereby giving the character and nature of the articles so shipped: Provided, That no provision of this act shall be so construed as to permit the transportation of any of these articles on any passenger train, or freight trains to which a passenger car is attached, or upon any steamboat, propeller, or other vessel used in part or in whole for the transportation of passengers, and that no such materials shall be discharged from any railroad car, boat, or vessel, at any of the wharves, docks, or depots in this state be- tween the hours of six A. M. and six P. M. of the day. (284.) Sec. 2. If any person or persons shall violate the provis- ions of this act, or if any person or persons shall knowingly receive, sell, or deliver any of said substances, unlawfully shipped or de- posited as aforesaid, each and eyery person so offending shall be guilty of an offense, and on conviction thereof shall be punished by fine in any sum not exceeding two thousand dollars, or by im- prisonment in the state prison not exceeding two years, or both fine and imprisonment in the discretion of the court. (285.) Sec. 3. And in case any party so violating this act cannot be found or reached, the goods so unlawfully shipped shall be seized and sold, one-half of the proceeds of such sale to be given to the informer and one-half to the state. Penalty. Goods ma; be seized and sold when person violatiog cannot be found. REGULATIONS AS TO THE KEEPING OP GUNPOWDER. Chapter forty-nine of Revised Statutes of 1846. Inhabitants of (286.) Sectioit 3. The inhabitants of every township or incor- m™maK'r1|ii-porated village' may, at any regular meeting, order that no gun- «on?o'keepta'g. POwdcr shall be kept in any place within the limits of such town- ship or village, unless the same shall be kept in tight casks or can- isters; and that no gunpowder above the quantity of fifty pounds shall be kept or deposited in any shop, store, or other building, or in any ship or vessel, which shall be within the distance of twenty- five rods from any other building, or from any wharf; that no gunpowder above the quantity of twenty-five pounds shall be kept or deposited in any shop, store, or other building, within ten rods of any other building ; and that no gunpowder above the qantity 1 See also general law relating to villages, 0. L., p. U18, and act of 1875, p. B7. on the same subject. >!-•■"" EXPLOSIVE SUBSTANCES— CEMETERIES. 67 of one pound shall be kept or deposited in any shop, store, or other building, within ten rods of any other building, unless the same shall be well secured in copper, tin, or brass canisters, holding not exceeding five pounds each, and closely covered with copper, brass, or tin covers. — (§2059.) (387.) Sec. 4. Upon complaint made on oath to any justice of when searoh- the peace, by any township or village oflScer, that he has probable Sa? ""''' ''* cause to suspect that gunpowder is deposited or kept within the limits of the township or village, contrary to any such order, such justice may issue his warrant, directed to any constable of such township, or the marshal of such village, ordering him to enter any shop, store, or other building, or vessel specified in said warrant, and there to make diligent search for the gunpowder suspected to have been deposited or kept as aforesaid, and to make return of his doings to such justice forthwith. — (§3060.) (288.) Sec. 5. If any person shall commit either of the offenses Forfeitnre for mentioned in the two preceding sections, he shall forfeit a sum not prStog'sec- exceeding twenty dollars ; but the two preceding sections shall not *'<"'^- extend to any manufactory of gunpowder, nor in any case prevent the transportation thereof through any township, or from one part of any township to another part thereof. — (§2061.) XI. Cemetbkies in Theik Relation to Pub- lic Health.' VACATING CEMETERY PLATS AND GROUNDS IN CITIES AND VILLAGES. Laws of 18TI, p. 249. Approved April 15, 1871. (289.) Section 1. The People of the State of Michiqan ewarf, cireuit court in That whenever the trustees of any incorporated village, or the yaoSu mim-^ common council of any city, shall, by resolution adopted by them, te"«s- 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 endan- ger 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 hereinafter pro- vided.— (§3423.) (290.) Sec. 3. That such petition shall be made in behalf of said Petition for trustees or common council, by an attorney or agent appointed by ^""'""e- them for that purpose, who shall file a petition, signed and sworn 1 See also "The preservation of public health," this compilation, chapter III., sections fire and six. 68 LAWS RELATING TO PUBLIC HEALTH. Notice of hear- ing. Court may con- tinae hearing and refer taking testimony to a circuit court commissioner. Jury. Defendant. Damages. 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 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 hearing. — (§34M.) (291.) Sec. 3. That the hearing of such petition may be con- tinued 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 referred, in the discretion of the court, to a circuit court commissioner 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 ques- tions of compensation to any person or persons to be affected by such proceedings ; and all issues of fact may be tried by a j ury if the court shall so order ; and any person adversely interested may cause himself to be made defendant to such petition. In all cases where reference shall be made to a jury to determine the compen- sation to be paid to any person or persons as aforesaid, the proceed- ings 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 construction of railroads, and to apprize the damages and com- pensation to be allowed therefor. If upon the hearing of such petition the petitioner shall produce satisfactory evidence 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 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 vacated, in whole or in part, as a place of burial. That a copy of such order, certified by the register of such court under his seal, shall be recorded by the petitioner in the office of the register of deeds of the proper county. — (§3425.) (293.) Sec. 4. That when any cemetery shall be vacated as pro- vided 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 pru- dent, careful, and respectful 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 of said bodies and remains shall be made during the months of June, July, August, or September. Such removal, and the costs of Order for va- cating. Ee-interment. Proviso. CEMETERIES. 69 the proceedings under this act, shall be at the expense of and paid Expenses, hy the city or village in which such cemetery is located. — (§3426.) (293.) Sec. 5. In all cases where the title to the land vacated Price of lots shall revert to such city or village, such city or village shall, on de- "^'"''' mand, and upon the conveyance of said lot (where conveyance may he necessary) to said city or village, repay to any owner the price he may have paid for his lot. — (§3427.) BNLAECJING THE LIMITS 0^ CEMETERIEB. From act 219, laws of 1875, p. 2C2, being: amendatory of, and adding ten new sections to, act of February 19, 1869. (294.) Section 17. Whenever the hoard of directors of said corpo- Eeiative to en- ration, the board of health of any township, or the common conn- iK? cemet"^". cil, board of health, or board of trustees of any city or village shall deem it to be desirable and necessary to enlarge the limits of any cemetery which has been or may be hereafter established in the manner provided by law, and such board of directors, board of health, board of trustees, or common council shall be unable to agree with the owner or owners of the land which such board of directors, board of health, board of trustees, or common council desire to include within the limits of the cemetery to be enlarged, as to the compensation to be paid therefor, or in case such board of directors, board of health, board of trustees, or common council shall, by reason of any imperfection in the title to said land, aris- ing either from a break in the chain of title, tax sale, mortgages, levies, or any other cause be unable to procure a perfect, unencum- bered title in fee simple to said land, such board of directors, board Application to of health, board of trustees, or common council shall authorize jury to"'detfr- " one or more of its members to apply to the circuit judge in whose uoS^ete.™''^''^^' circuit such cemetery shall be situated, for a jury to ascertain and determine the just compensation to be made for the real estate required by such cemetery, and the necessity for using the same, which application shall be in writing, and shall describe the real estate desired for enlarging such cemetery as accurately as is required in a conveyance of real estate. (295.) Sec. 18. It shall be the duty of such circuit judge, upon summoning of such application being made to him, to issue a summons or venire ^'"^• directed to the sheriflF or any constable of the county, commanding him to summon eighteen freeholders residing in the vicinity of such land, who are in nowise of kin to the owner of such real estate, and not interested therein, to appear before such judge, at the time and place therein named, not less than twenty nor more than thirty days from the time of issuing such summons or venire, as a jury to ascertain and determine the just compensation to be made for the real estate required for enlarging such cemetery, and the necessity for using the same, and to notify the owner or occu- Notice to owner pant of such real estate, if he can be found in the county, of the "f "ai estate. time and place where such jury is summoned to appear, and the object for which said 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. 70 LAWS RELATINd TO PUBLIC HEALTH. Notice of time when, and place where, jury will assemble. Eeturn of sam- moBs, etc. Formation of jory. Oath of jurors. Witnesses. Jury to examine premises, etc. (296.) Sec. 19. Thirty days' previous notice of the time when, and the place where, such jury will assemble, shall be given by such board of directors, board of health, board of trustees, or com- mon council, where the owner or owners of such real estate shall be unknown, are non-residents of the county, minors, insane, non compos mentis, or inmates of any prison, by publishing the same in a newspaper published in the county where such real estate is situated, 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 directors, board of health, board of trustees, or common council, and shall describe the real estate required for enlarging such cemetery, and state the time when, and place where, such jury will assemble, and the ob- ject for which they will assemble, or such notice may be served on each owner personally, or by leaving a copy thereof at his last place of residence. (297.) Sec. 20. It shall be the duty of such judge, and of the per- sons 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 offlcer who sum- moned the jury shall return such summons or venire to the officer who issued the same, with the names of the persons summoned 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 actions. If more than twelve of said jurors in attendance shall be found qualified to serve as jurors, the oflQcer 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 con- stable 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 sum- moned as a juror who shall fail to attend, and may enforce obedi- ence to such summons, venire, or attachment as courts of record are authorized to do in civil cases. (298.) Sec. 21. The twelve persons selected as the j ury shall be duly sworn by the judge in attendance, faithfully and impartially to in- quire, ascertain, and determine the just compensation to be made for the real estate required for enlarging such cemetery, and the necessity for using the same in the manner proposed by such cem- etery ; and the persons thus sworn shall constitute the jury in such case. Subpoenas for witness [witnesses] may be issued, and their attendance compelled by such circuit judge in the same manner as may be done by the circuit court in civil cases. The jury may visit and examine the premises, and from such examination and such other evidence as may be presented before them, shall ascer- tain and determine the necessity for using such real estate in the CEMETEEIES. 71 manner and for the purpose proposed by such board of directors, board of health, board of trustees, or common council, and the just compensation to be made therefore, and if such jury shall find that it is necessary that such real estate shall be used in the man- ner or for the purpose proposed by such board of directors, board of health, board of trustees, or common council, they shall sign a ceruacateof certificate in writing, stating that it is necessary that said real'"^- estate (describing it) should be used for enlarging such cemetery, also stating the sum to be paid by such board of directors, board of health, board of trustees, or common council, as the just com- pensation for the same. The said circuit judge shall sign and ceruflcate of attach to and indorse upon the certificate thus subscribed by the '"^^''' said jurors a certificate stating the time when and the place where the said jury assembled, that they were by him duly sworn, as herein required, and that they subscribed the said certificate. He shall also state in such certificate who appeared for the respective parties on such hearing and inquiry, and shall deliver such certifi- cates to said board of directors, board of health, board of trustees, or common council. (299.) Sec. 22. Upon filing §uch certificate in the circuit court of oniiiingof cer- the county where such real estate is situated, such court shall, if it fen^ fuag- '" finds all the proceedings regular, render judgment for the sum me"*- specified in the certificate signed by such jury against such board of directors, board of health, board of trustees, or common council, which judgment shall be collected and paid in the manner as other judgments are collected and paid. (300.) Sec. 23. In case the owner of such real estate shall be when owner is unknown, insane, non compos mentis, or an infant, or cannot be ame^eta.'money found within such county, it shall be lawful for said board of ^jif ^o^^^**^ directors, board of health, board of trustees, or common council to teasw^" deposit the amount of such judgment with the county treasurer of such county, for the use of the person or persons entitled thereto, and it shall be the duty of such county treasurer to receive such moneys, and at the time receiving it to give a receipt or certificate to the person depositing the same with him, stating the time when such deposit was made, and for what purpose ; and such county treasurer and his sureties shall be liable on his bond for any money which shall come into his hands under the provisions of this act, in case he shall refuse to pay or account for the same as herein provided : Provided, That no such money shall be drawn from Proviso, such county treasurer except upon an order of the circuit court, or judge of probate as hereinafter provided. (301.) Sec. 24. Upon satisfactory evidence being presented to the Decree of court circuit court of the county where such real estate lies, that such j^w^™' •' judgment or the sum ascertained and determined by the jury as the just compensation to be paid by such board of directors, board of health, board of trustees, or common council, for such real estate, has been paid, or that amount has been deposited according to the provisions of the preceding section, such court shall by an order or decree adjudge and determine that the title in fee of such 72 LAWS EBLATING TO PUBLIC HEALTH. real estate shall, from the time of making such payment or deposit, forever thereafter he vested in such board of directors, board of health, board of trustees, or common council, or in the township, city, or village, as the case may be, and its assigns; a copy of Record of decree, which decree. Certified by the clerk of said county, shall be re- *'"• corded 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, he vested forever thereafter in such board of directors, board of health, board of trustees, or com- mon council, township, city or village, and its assigns in fee. (302.) Sec. 25. Such board of directors, board of health, board of trustees, or common council may at any time after making the payment or deposit hereinbefore required enter upon and take possession of such real estate for the use of such cemetery, by such board of directors, board of health, board of trustees, or common council. (303.) Sec. 20. In case the jury hereinbefore provided for shall cMc^iury caonot j^jjj. ggpgg^ another jury may be summoned in the same manner, and the same proceedings may he had, except that no further notice of the proceedings may be necessary, but instead of such notice the judge may adjourn the proceedings to such time as he shall think reasonable, not exceeding thirty days, and shall make the process to summon a jury returnable at such time and place as the proceedings may be adjourned to. Such proceedings may be ad- journed from time to time by the said judge, on the application of either party, and for good cause to be shown by the party applying for such adjournment, unless the other party shall consent to such adjournment, but the adjournment [adjournments] shall not exceed three months. When premises may be taken possession of. Proceedings in Adjournment of proceedings. XII. MiSCBLLAWEOUS PkOVISIOITS. Sale of real es- tate by boards of health. Proviso. DISPOSITION OP REAL ESTATE BY BOARDS OP HEALTH. Laws of 1861, p. 462. Approved March 15, 1661. (304.) Section 1. The People of the State of Michigan enact, That any board of health of this state may sell and convey any real estate, the fSe of which is vested in them : Provided, That no real estate shall be sold by virtue of this act which is or has been in actual use as a cemetery or burying-ground, unless the same shall be sold by an order from the circuit court.— (§1741.) CEIMINAL ABORTION. 73 . CRIMINAL ABORTION. Laws of 1869, p. 175. Approved April 3, 1869. (305.) Section]. The People of the iState of Michigan enact, Fromniog the That no person or persons, their agents or clerks, shall print, ?"tMs^ir meat- stamp, or engrave on any cards, bills, or posters for public display illVaJf^""^^ or advertisement, or publish in any newspaper in the state of Mich- igan, the virtues or applications and its or their effects of any such patent and other simple or compound medicine, in language of immoral tendency or of ambiguous character. Any person or per- Penalty, sons, their agents or clerks, who shall fail to comply with the re- quirements herein expressed, shall be deemed guilty of a misde- meanor, and shall be liable to a fine not less than fifty nor more than one hundred dollars, or to imprisonment in the county jail not exceeding three months, or both, for each and every offense. Any proprietor or proprietress of any newspaper published in the Each appearance state of Michigan, who shall permit any such publications to ap- t'nn"a°ne''w''"'^' pear in consecutive issues, each and every day shall be deemed a oftense. new and separate offense, and shall be liable to a penalty as herein expressed. — (§7724.) (306.) Sec. 3. The publication or sale within this state of any Penalty for pub- circular, pamphlet, or book containing recipes or prescriptions in eu?a?s%to!" "'" indecent or obscene language for the cure of chronic female com- plaints or private diseases, or recipes or prescriptions for drops, pills, tinctures, or other compounds designed to prevent concep- tion, or tending to produce miscarriage or abortion, is hereby pro- hibited ; and for each copy thereof, so published and sold, contain- ing such prohibited recipes or prescriptions, the publisher and seller shall each be deemed guilty of a misdemeanor, and shall be liable to the same penalties provided for a violation of the preced- ing section. — (§7725.) Laws of 1873, p. 185. Approved April 22, 1878. (307.) Section 1. The People of the State of Michigan enact, sateotaiugs That no person shall in any manner, except as" hereinafter provi- (."^p^X'* "' ded, advertise, publish, sell, or publicly expose for sale any piHs, "hnrUon pro- powders, drugs, or combination of drugs, designed expressly for the use of females for the purpose of procuring an abortion. ^■308 '^ Sec. 2. Any drug or medicine known to be designed and men flrngs V / "^ °.,, ij- 11111, ^,^^A uesigDPa lor expressly prepared for producing an abortion, shall only be sola procuring upon the written prescription of an established practicing physi- 'bonso'i may cian of the city, village, or township in which the sale is made ; and the druggist or dealer selling the same shall, in a book provi- person selling to ded for that purpose, register the name of the purchaser, the date ^^^es.etc" " of the sale, the kind and quantity of the medicine sold, and the name and residence of the physician prescribing the same. (309.) Sec. 3. Any person violating any of the provisions of penalty, this act, shall upon conviction thereof, be punished by a fine of not less than twenty-five nor more than one hundred dollars, m the discretion of the court. 10 7i LAWS EBLATING TO PUBLIC HEALTH. SETTING OF GUNS AND OTHER DANGEEOUS DEVICES. Laws of 18T5, p. 136. Approved April 22, 1875. Setting of a aprlDg gun, etc. deemed a mis- demeanor. (310.) Seutioh- 1. The People of the State of Michigan enact That if any person shall set any spring or other gun, or any trap or device operating by the firing or explosion of gunpowder or any other explosive, and shall leave or permit the same to be left, except in the immediate presence of some competent person, he Killing of per- shall be deemed to have committed a misdemeanor; and thekill- eet'd^'e^Sd man- ing of any persou by the firing of a gnn or device so set shall be slaughter. deemed to be manslaughter. Action of com- miasiouer. STATISTICS AS TO THE TBEATMENT AND CUKE OF INEBRIATES. Law3 of 1878, p. 183. Approved April IT, 1878. Appointment of (311.) SECTION 1. The PeopU of the State of Michigan enact, Md'hisdutiM. ^'hat the governor of the state of Michigan may commission a suitable and competent person, whose duty it shall be, without expense to the State, to procure information and statistics relative to the scientific treatment and cure of the victims of intemperance. DRAINAGE. [The drain laws, although part of the health laws, are under a distinct administration, and It has not been thought necessary to include them entire in this compilation, especially as they are already printed in pamphlet form, under the provisions of act No. 145 of the last session of the legislature. Those sections only of the township drain law (the county drain law also having similar provisions) that connect the drainage laws with the health interests, are given. Sections two, five, and six, as amended by act 140, laws of 1875, page 166, cointain provisions relating to the construction of drains, and section twenty (0. L. §1797). relates to their obstruction.] (312.) SECTioir 2. When any person or persons shall make appli- cation to the drain commissioner of any township to establish and open a water-course, or to locate and construct a ditch or drain, and shall give such commissioner good and sufficient security, in writing, to pay all costs and expense of whatever kind pertaining to the action of said commissioner about such application in case such application shall not be granted, the drain commissioner shall immediately proceed to examine, personally, the line of the proposed water-course, ditch, or drain, and if in his opinion it is proper or necessary, and for the good of the public health that the application should be granted, he shall try to obtain a conveyance to the county of the lands necessary therefor, and a release of the damages from every person through whose laud such water-course, ditch, drain, or drains are to pass; if he obtains such conveyance and release, he shall proceed to make such examination, by sur- veys or otherwise, as may be necessary to determine the route, width, length, and dimensions thereof, and the lands to be bene- fited thereby; he shall establish such water-course, or locate such ditch or drain. * * — -(§1779.) (313.) Sec. 5. * * If the jurors be of the opinion that it is necessary for the good of the public health, as well as a benefit to the land in the vicinity thereof, to take such land and to establish Healtli con- siderations. DRAINAGE— MAREIAGE. 75 4xnd open such water-course, or to locate and construct such ditch or drain, they shall so determine. * * —(§1782.) (314.) Sec. 6. * * When such water-course, ditch, or drain, Hem. will benefit the highway as well as the public health, said drain •commissioner shall assign the opening or construction thereof, of such part or parts as seem to him just, to the township to which such highway belongs or in which it is situated. * * — (§1783.) (315.) Sec. 30. Whoever shall willfully obstruct any such water- Penalty for ob- ■course or ditch, or injure the same, shall be liable to every person If™'"'''^ *'"='■' injured for the full amount of injury occasioned by damage to or obstruction of said ditch or water-course, and shall forfeit for •every such offense a sum not exceeding twenty-five dollars, to be recovered before a justice of the peace of such township, for the benefit of drainage in such township (to be paid over as provided in the foregoing section) at suit of any person making complaint, ■and shall also remove such obstruction, and in default thereof for three days, shall be liable to an action therefor, before any justice of the peace of the township, at the suit of the drain commissioner, to be expended by said commissioner in removing such obstruc- Disposition of tions and in paying fees of commissioner in superintending the ""^ ™°''°^' •same.- (1797.) EB3TKICTI0NS AS TO MARRIAGE. Chapter eighty-tliree of Revised Statutes of 1840, (316.) Sectioit 1. Every male who shall have attained the full who shall be age of eighteen years, and every female who shall have attained the tSngma?-"" full age of sixteen years, shall be capable in law of contracting Jg^i^^ .jgg marriage, if otherwise competent. — (§4719.) (317.) Sec. 3. 'No man shall marry his mother, grandmother, vstjo shaii not daughter, granddaughter, stepmother, grandfathers wife, son's wife, 5°MiS!8ir5. grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, nor his sister, brother's daughter, sister's daughter, father's sister, or mother's sister. — (§4731.) (318.) Sec. 4. No woman shall marry her father, grandfather, Mem. son, grandson, stepfather, grandmother's husband, daughter's bus- sMioh.sis. band, granddaughter's husband, husband's father, husband's grand- father, husband's son, h usband's grandson, nor her brother, brother's son, sister's son, father's brother, or mother's brother. — (§4723.) (319.) Sec. 6. No white person shall intermarry with a negro, Hem. and no insane person or idiot shall be capable of contracting mar- i2Mass.,868. riage.— (§4734.) Section seven prescribes what officers may solemnize marriages. — See amendment to section 7, Laws of 1873, p. 120. Section eight requires the officer solemnizing a marriage to examine at least one of the parties on oath as to the legality of the intended marriage. Section fourteen imposes a pen- alty of five hundred dollars upon any minister or justice who shall join any persons in marriage contrary to law. The remaining sections of the chapter {except repealed sections, for which see Compiled Laws, p. 14631 contain mis- cellaneous provisions, having no application to health considerations. For provisions as to the registration of marriages, see chapter II. of this compila- ation, consecutive sections 34-34. 76 LAWS EELATING TO PUBLIC HEALTH. PURITY OF THE FISHERIES. LawB of 1865, p. 717. Approved March 21, 1S6D, Patting of offal, (320.) SECTION" 1. The PeopU of the state of Michigan enact, prohibitecL"'"'' That it shall be unlawful for all persons to put into any of the waters of this State, where fish are taken, any offal, blood, putrid brine, putrid fish, or filth of any description; and any person so Penalty. offending shall be fined in any sum not exceeding three hundred dollars, or imprisonment not exceeding thirty days, or both, at the discretion of the court. — (§2072.) offai-^howdc- (321.) Sec. 2. All fish, offal, or filth of any description whatso- ' '°^^ ' ever, accruing from the catching and curing of fish, shall be burned or buried ten rods distant from the beach or shore of the river or lake.— (§2073.) Penalty for^^^^^ (322.) Sec. 6. Any act in contravention of sections two, four^ former teotions. and fivc of this act shall subject all parties concerned in the breach of the said sections, whether the actual transgressors or accesso- ries, to a penalty of not more than one hundred dollars nor less than twenty-five dollars with all expense of prosecution, or to im- prisonment in the county jail for a period not -exceeding thirty days, or both, at the discretion of the court. — (§2077.) DISSECTION FOR SCIENTIFIC PURPOSES. Laws of 1875, p. 1 64. Approved April 27, 1 375.' Provision for (323.) SBCTioif 1. The People of the State of Michigan enact,. vmtt"an^d^°*' That any member of either of the following boards of officers, to Detroit Medical ^j);. ^^g board of health of any citv, village, or township in the College with cer- , , , , •' ., - .. ° : . -, '^ „ tain subjects for state, the mayor or common council ot any city, and any officer or dissection. board having direction, management, chafge, or control in whole or in part of any prison, house of correction, or jail in the state, shall deliver the dead bodies of such persons as may be required to be buried at the public expense, when so requested by letter or otherwise, to any member of the medical faculty of the university of Michigan, or Detroit medical [college, when there shall be de- posited with such board or officer sufficient money to defray the expense and trouble of packing and preparing the same for ship- ment, which shall ndt exceed the sum of fifteen dollars for each subject, shall deliver, within forty-eight hours after the death of such person, to the express company or freight company at the nearest railroad station, properly placed in a plain coffin as for burial, and inclosed in a strong box, plainly directed to the person and place as directed by the consignee making such deposit, to be shipped to such consignee to be used by him for the advancement Preference to of anatomical science, preference being always given to the faculty "/un'iversityf 0^ the medical department of the University of Michigan for their use in the instruction of medical students, and after they have made their orders and deposit of money as aforesaid; and such Si?°mo"t"totake ^°^^*^ °^ officers shall take the usual shipping receipt for such KcSp^otc." ' ° packages, and shall notify the consignee of such shipment by letter,. ' This act amends the act of March 27, 1867, except the last section. DISSECTION— EEPEEENOES. 77 mailed on the day the packages are delivered to the express com- pany or freight company at the railroad depot. In no case shall the cost of bodies to faculty or the regents be entitled to require or receive from any °'°*™''- medical student or students for any such body furnished therein, any sum of money in excess of the actual cost of procuring the same. Any of said officers who shall neglect to comply with any Penalty for neg- such request after being tendered or receiving the money so re- {,"ay*° ''''™'''' quired to be deposited, shall be subject to a penalty of one hundred dollars for each body that he neglects to ship as aforesaid, one-half of which shall go to the party making the demand and deposit as aforesaid : Provided, That the university and each and every med- Proviso, leal institution shall not receive into their possession such bodies as are procured in this state other than those provided for by the provisions of this act, and every individual or party violating this provision shall be deemed guilty of a misdemeanor.— (§3110.) (324.) Sec. 2. No such dead body shall be shipped as aforesaid, When todies if within twenty-four hours after death or before such body shall ?e°nde''red.'"' be shipped any relatives or friends of the deceased who will bury the body at his own expense, or shall require to have the body buried ; or if such deceased person was a stranger or traveler, the dead body shall in all such cases be buried. — (§3111.) (325.) Sec. 3. No such dead body shall be sold or delivered to Bodies must not any person to be taken out of the state, nor shall any such dead takfm out of body be'shipped to any person or place out of the state, or be '**•*• "'«■ used within the state for any purpose except for the prosecution of anatomical science. Any person violating any of the provisions penalty for vio- of this act shall be punished by a fine of not less than fifty, or ;,'',"."'e_P"-'"''»""" more than one hundred dollars, or by imprisonment in the county jail not less than one or more than thi'ee months, or by both such fine and imprisonment, at the discretion of the court. — (§2113.) (336.) Sec. 4. Any practicing physician or surgeon of this state, permission to or any medical student under the authority of such physician or ?"""'• surgeon, may have in his possession human dead bodies, or the parts thereof, lawfully obtained, for the purposes of anatomical inquiry or dissection. — (§2113.) EBFERENOES. Those provisions not included in tlie compilation, but which seem to de- mand a reference, are grouped as follows: First, OflFenses against life and person : The crime of murder, compiled laws, p. 3070 ; dueling, p, 3071 ; maiming or disfiguring, or aiding therein ; assault with intent to maim ; attempt to murder by poison, etc. ; assault with intent to murder ; assault and robbing, etc., from person, being armed, all on page 3073 ; assault and stealing, or with intent to rob and steal, not being armed ; malicious threats to extort money, etc. , rape, and assault with intent to commit rape, and other offenses against females, pp. 3073 and 3074; poisoning food, wells, etc., pp. 3074 and 8075; other assaults with intent to commit felony, p. 2075 ■ enticing away child under twelve years of age with intent to detain, etc • exposing child with intent to abandon; willful killing, or attempt to destroy unborn child, and attempt to produce miscarriage, p. 3075; careless use of firearms, 3077 ; removing or destroying buoys and beacons, 3094; con- cealing death of bastard child, p. 3116 ; causing death by wrongful act, neg- lect or default, p. 1883. T, , .• ^ A Second, Precautionary and detective measures : Regulations as to dogs. 78 LAWS RELATING TO PUBLIC HEALTH. compiled laws, pp. 670, 671 ; inquests, p. 2181, and session laws of 1873, p. 58 ; proceedings to prevent crime, as threats, etc., against persons, pp. 2153-56. Third, Personal remedial actions: For causing death by wrongful act; neglect, or default, compiled laws, p. 1882, and amendatory act of April 15, 1873, laws of 1878, p. 127; for malpractice, p. 1761 ; for injury by defective bridges, p. 460 ; for selling liquor to relatives by which injury results, session laws of 1875, p. 284. Fourth, Beneficent provisions for the care of the sick and infirm : Act to provide for the formation of corporations for establishing health institutions, compiled laws, p. 1025; act for the incorporation of hospitals or asylums, p. 1026 ; and amendatory act of February 18, 1875, laws of 1875, p. 10 ; constitutional provision requiring the maintenance of institutions for the benefit of the deaf, dumb, blind, or insane, p. 72 ; act to establish an asylum for the deaf and dumb, and the blind, and an asylum for the insane, and subse- quent supplementary acts, pp. 623-643, and amendatory act of April 25, 1873, laws of 1873, p. 205 ; act to provide an additional asylum for the insane, session laws of 1873, pp. 164-8, and amendatory act of February 2, 1875, laws of 1875, p. 2 ; act for establishing a hospital at the university, session laws of 1875, p. 237; act to provide for the appointment of a board of commissioners for the general supervision of penal, pauper, and reiormatory institutions, compiled laws, p. 2238, and amendatory act of April 1, 1873, laws of 1873, p. 73; care of the sick poor, compiled laws, sections 1816, 1823, 1827, 1843, 1847, 1850; report to be made by superintendents of the poor as to the sanitary condition of paupers, p. 009; care of insane soldiers, session laws of 1873, p. 124, and 1875, p. 9; care of insane convicts, compiled laws, pp. 2196-7 ; protection of convicts in the state prison from pestilence and fire, p. 2310 ; and session laws of 1875, p. 254; regulations relative to food, clothing, etc., of convicts in the state prison, session laws of 1875, p. 243 ; protection of prisoners in jails in case of fire, compiled laws; p. 2025. INDEX [The references are in all cases to the couBecntire numbers.] ABORTION,, criminal laws relating to, 805-809. penalty for publishing prescriptions, etc., to pro- cure, 306, 809. drugs lor the purpose of producing, tale of prohib- ited, SOT. dreg? for the purpose of prodociDg^ sale of author- ized upon jirescription of physician, 808. drugs for the purpose of producing, record of sales to be kept, SOS. ACCIDENTS, on railroads, notice of to be given, 270. cotnmissioner to investigate causes of, 2T1. ADULTERATION, ol food, t84. of drugs or medicines, 185. of liquors, 184,238-289. of milk and its products, 282. AIRBRAKE, upon passenger trains, 252. forfeiture for running trains without, 2B2. ALCOHOLIC LIQUORS, (See Liquors.) ANIMALS, dead, burial of, 140. diseased, importation of, 240-245. At'OTHECART. punishment of, for neglect to label poisons sold, 181. to keep record of poisons sold, 188. penalty fur giving lictitious name to, 389. APPROPKIATION, to meet, exiienses of state board of health, 7. ASSESSMENT, special, for ditches in cities, 116. ASSESSOR, duties of, relating to births, marriages, and deaths, 12, 24. duties of, relating to census and statistics, 12, 23. to collect statistics relative to the insane, deaf, dumb, and blind. S5. ATTORNEY GENERAL, to prosecute railroad companies In certain cases, 249, 250. AWNINGS, regulations relative to in cities, 124. villages, 181. AXE AND SAW, to be carried in each passenger car withm reach, 267. penoltv for neglect, 26S. BAGGAGE CARS, to carry lifting-jacks, 267. penally for neglect, 208. BARBELS, , . ,,„ for beef and pork, how made, size of, etc., 146. for flour and meal, size of, 190. how made and branded, 191. BEEF AND PORK, inapeciion of, 141-16S. _ „ , ^. ,, {aee Provisions and Salt— Inspection of.) BELL,? car, to be placed upon engine, when used, and pen- alty for neglect, 261 . use of in cities and village;, 261. BEVERAGES, penalty for adulterating, 283. (See Liquors.') BIRTHS, MARRIAGES, AND DEATHS, laws respecting, 24-84. duties of supervisors and assessors relative to, 12, 24. Retdkns of, 10 county clei'k, 24. what time to include and when to be made, 24. compensation therefor, 24. City of Dktiioit, proviso relating to, 24. duty of common council of, to appoint persons to collect statistics relative to, 24. compensation of persons so appoiuted, 24. penally for neglect of duty, 24. marriages to be recorded, 26. marriage of qiiakers, 25. certificate to be furnished, 25. fee for recording, 25. County Ci-ehb, to record and number births, marriages, and deaths, 26. how to index marriages, 26. to make and transmit copy of records to secre- tary of state, 26. compensation of, 26. record of births, what to slate, 26. marriages, what to state, 26. deaths, what to state, 26. SECIiETAUT OF STATE, to furnish county clerks with books of record, and blanks for return of, 27. to cause returns to be bound. 2S. to make report to governor, 28. penalty for nesloct to keep record or to deliver cer- tificate of marriage, 29. penaltv for making a false entry, 29, certiticate of deaths and contents, 80. penalty for reftisal to make, 80. facts relative to births and deaths to be obtained by supervisors and assessors, 81. facts, refusal to furnish, 81. obtained under oath, 31. neglect to answer subptena, penalty for, 81. false statement to constitute perjury, 81. persons not required to answer questions tending to criminate themselves, 81. neglect of officers to perform duties, penalty for, »i. '(See Insane, Deaf, Dumb and Blind.) BOARDS OF HEALTH. State. act establishing, 1-11. members of, and how appointed, 1. term of office, I. vacancy in office. 1. so LAWS RELATING TO PUBLIC HEALTH. BOARDS OF HEALTH (.ConlinueO), State. members of, dntiea of, 2. meeting of, 3. quorum, 3. president, election of, 8. to adopt rules and by-laws, 8. may send secretary to investigate special dis- eases, etc., 3. secretary, election of, 4. term of office and duties, 5. salary of, 6. to be superintendent of vital statistics, 10. expenses, 6. expenses of office, appropriation for, 7. health physicians and clerks of local boards to report to, 8. certain officers and physicians to furnish infor- mation to, 9. room for meeting of, to be furnished by secre- tary of state, 11. Local, to report to state board, 8. of whom to consist, 37. clerk of, to keep record of proceedings, 37. powers and duties of, 87-36. healtli officer appointed by, 38. compensation of, 3S. to make regulations relating to causes of sick- ness, etc., 39. to make regulations respecting articles capable of convoying contagion, etc., 40. burying grounds, duty of board relative to the purchase of, 41. burying grounds' to be held in trust, 42. expense of purchase, etc., how paid. 42. regulations of, how published, 43. Nuisances,, powers and duties of board relative to, 44-SO. to examine into and remove, 44. proceedings if found on private property, 45. when removed at expense of owner, 46. court may order removal of, in certain cases, 47. proceedings of board when entrance to build- ing, etc., for purpose of removing, is denied, 48-49. may grant permits for removals, 50. board to make provisions to prevent spread of small-pox, etc., 51, to make provision in case infected persons cannot be' removed, 52. may restrain travelers coming from infected dis- tricts, 53. may direct removal of persons infected with con- tagious sickness, etc., 54. infected baggage, clothing, etc., how secured, m. impressing houses for keepinglnfected goods, 56. power of officer executing warrant, 57. charges to be paid by owner, 58. compensation for houses, nurses, etc., 59. may remove prisoners attacked with dangerous diseases, 60. prisoners removed to be returned, 61. may establish quarantine in townships bordering on certain lakes, etc., 65. may cause removal of vessels in certain cases to quarantine gronnds, 68. may cause removal of infected persons, 68. persons to answer on oath in regard to infec- tion, 69. hospitals subject to regulations of, 72. physicians of hospitals to be subject to, 74. to provide hospitals, 75. to canse infected persons to be removed to hos- pitals, 76. to prevent spread of dangerous diseases, 77. sale or real estate by, 304. In Cities and Villages. who to conslltutc, 85. establishment of, In cities, and their authority, duties of, relative to enlarging limits of ceme- teries, 294. BOND, of inspectors of provisions, 142. of beef and pork, 144. of butter and bog's-lard, 166. offish, 177. of flour and meal, 187. of salt, 201, 202. of oils, 278. BRANDS, of beef and pork, 155, 156, 165. of butter and lard, 169-lTO. offish, 181. of flour and meal, 191-193. of salt, 212. of alcoholic liquors. 234. of coal oil, 276. BRIDGES, construction of, in villages, 132. railroad, unsafe, 246. at railroad crossings, 247, 258-251. BURYING GROUNDS, local boards of health to purchase, etc., 41, to hold in trust, 42. expense of purchase, how paid, 42. (See Cemeteries.) BUTTER, inspection of, 166-176. (See Provisions and Salt— Inspection of.) manufacture of, from poisonous material, penalty for, 282, CATTLE, commissioners to prevent spread of diseases among, 240. commissioners, powers of. 240. infections excluded from the state, 241. certain, not permitted to pass through Ihe state during certain months, 242. CELLARS, regulation of, in cities, 87, CEMETERIES, local boards of health to purchase, etc, 41. tn hold in trust, 42. expense of purchase, how paid, 42. acquisition and regulation relative to, in cities, 96, 100. acquisition and regnlations of, in villages, 126. disposition of real estate used as, 804. Vacating in Cities and Villages, 2S9-293. circuit court in chancery may vacate, 289. petition for vacating, 290. notice of hearing, 390. court may continue hearing and refer taking testimony to a circuit court commissioner, 291. order for vacating, 291. re-interment, 292. expenses of, 292. price of lots repaid, 298, Enlarging Limits or, 294-308. application to circuit judge for jury to determine compensation, etc., 294, summoning jury, 295 notice to owner of real estate, 296. of time when and place where jury will assemble, 296. return of summons, 297. formation of jury, 297. oath of jurors, 298. witnesses, 298. jury to examine premises, 29S. certificate of jury, 298. judge, 298, court to render judgment on filing certificate, 299. proceedings when owner is unknown, etc, 800. decree of court on payment of judgment, 301. record of decree, 301. when promises may be taken possession of, 302. proceedings in case ) ury cannot agree, 803. adjournment of proceedings, 308. CENSUS, * act for taking, 12-23. CHEESE, manufacture of, from poisonous material, penalty for, 282. INDEX. 81 CITIES, assigameut of places for carrying on offensive trades, 8'3. revoking of snch assignment, 83. action for damages caused by offensive trades, 8i. board of healtli in, who to constitnte, 85. powers and duties, 85. Jnrisdictlon of circuit court relative to nuisances in, 86. ■sanitary provisions relating to, 87-125. powers and authority, and exercise of, 8T. nuisances, abatement of, 87, 89. inspection of provisions, 87. vaults, cisterns, etc., construction of, 87. streams, purity of, 87. shops and offensive places, 87. funpowder, etc., keeping and selling of, 87, 125. rains, cellars, etc., 87. public health, provisions for protection of, 88-95. acquisition and regulation of cemeteries, 96. markets, 97-98. enlarging the limits of cemeteries, 291-808. shops, lumber-yards, etc., location of, 125. vacatingcemetery plats in, 289-293. Pdblio Buildings, Geounds, and Pabks, acquisition, use, and disposition of, 99. hospitals, work-houses, water-works, etc., out- side city limits, 100. power of council relative to, 101. Sewebs, Drains, and WATBE-coniisES, establishment and construction of, 102. hoard of sewer commissioners, 103. plan for drainage, 104. main sewer districts, 105. special sewer districts, 106. -sewers, trunk, 107. manner of payiDg for, 108. diagram and estimate of cost of, 109. ■ notice of Intention to construct, 109. determination to construct declared by resolution, 110. apportionment of expense, 110. record of plat, 110. special assessment for. 111. formation of districts on petition, 112. connection of premises with public sewers, 114-115. expense of repairing and reconstructing, how paid, 117. protection and control of, 118: Pbivate Drains, construction of, 113. connection of premises with public sewers by means of, 114-115. special assessments for providing and improv- ing, 116. Stbekts and Public Grounds, control and repair of, 119-121. Sidewalks, provisions relative to, 122-124. CITY COUNCIL, , ^ ,,,,.,, „^ ■ vested with powers as boards of health, 94. COMBUSTIBLE SUBSTAHCES. (See Explosive Substances.) •COMMISSIONEE, . , . . j to procure information relative to treatment and cure of inebriates, appointment of, 811. of drains, duties of, 812. of railroads, 246-275. (See Sailroads.) incorporaiecJ, physicians of, to furnish state board of health certain information, 9. chartered, president or agent of. to furnish state board of nealth certain information, 9. • COMPENSATION, ^ „,, „^ - of secretary of state board of health, h. of supervisors and assessors for taking census and statistics, 19- , , , ,, „. for returns of births and deaths, 24. of county clerks for recording births, marriages, and deaths, 26. of health oflicer of township, 3S. for houses seized as hospitals, etc., 69. 11 CONTAGION, provisions to prevent spread of, 51-62. local boards of health, duties of, relative to, 40, 51-62. (See Boards of Health.) provisions to prevent spread of, among cattle and sheep, 240-245. COUNTY CLERKS, to send copy of census and statistics to secretary of state, 15. to preserve copy of census and statistics in his office, 15. return of births, marriages, and deaths to be made to, 24. to record births, marriages, and deaths, 26. to number and index births, marriages, and deaths, 26. compensation for recording births, marriages, and deaths, 26. to forward returns relative to insane, deaf, dumb, and blind to secretary of state, 85. to distribute blanks for return of insane, deaf, dumb and blind, 36. COW-POX, inoculation with, 81. CROSSINGS, railroad, flag-man, gate or bridge at, 253. forfeiture for not maintaining, 253. signal-boards at, 261. trains to stop before crossing other tracks, 262. which train to have precedence at, 262. penalty for violation of rule, 262. DAMAGES, action to recover in case of nuisances, 84. to animals, railroad companies liable for till fences erected, 263. to passengers on railroad, 264-266. DEAF, ^,. ^ (See Insane, Deaf, Dumb and Blind.) DEATHS, , , (See Births, Marriages, and Deaths.) DETEOIT, CITY OP, common council of, to appoint persons to collect census and statistics, etc., 21. common council to appoint persons to collect sta- tistics relative to births and deaths, 24. DETEOIT MEDICAL COLLEGE, provided with certain subjects for dissection, 328. DEVICES, DANGEROUS, setting of, 810. DISEASES, . ,,.,», contagions, provisions to prevent spread ot, 51-6/. provisions to prevent spread of, among cattle and sheep, 240-245. DISSECTION, for scientific purposes provided for, 82S-S26. DRAINAGE, in townships, 312-315. incities, 87, 102— lis, 120. (See Cities.) DRUGGISTS, . .,,.., ^ , ,.i. storage of nilro-glycerine, 238-285. . „„v5„„ regulation as to keeping gun-powdor in townships and villages, 286-288. for inspection of beef and pork, 162. butter and lard, 178. fish, 184. flour and meal, 190. oil, 278. FENCES, . . „.„ railroad company to constnict, itd. 83 LAWS EELATING TO PUBLIC HEALTH. FENCES (Continued), penalty for permitting snimaU to be within, along railroads, or making openings in, etc., 268. riNBS, for obstrncting ditclieB, drains, etc., disposition of, 815. (See Penalties ana Forfeitures.) FIEES, regulations for preventing, in cities, 125. FISH, Inspection of, etc., 177-1S6. putrid, not to be put in waters where flsta are taken, 820. fllth, offal, etc., accruing from the catching and caring of, how disposed of, S;il. FISHERIKB, provisions for' the regulation and protection of, 820-322. FLAGMEN, at railroad crossings, 247, 253, 254. FLOUR AND MEAL, inspection of, 187-197. FOOD, unwholesome, selling without notice, 183. punishment for adulteration of, 134. inspection of, 141-197. GAS PIPES, common conncil may regulate the laying of, 120. GATE-KEEPER, duties of, at railroad crossings, 255. GATES, location ai.d constrnction of, along railroads, 247, 254-255. GOVERNOR, to appoint members of state board of health, 1. to appoint marshals to take census in certain to appoint inspectors of salt, 199. may remove inspector of salt for cause, 199. to appoint commissioners to prevent spread of disease among cattle, 240. to appoint inspectors of coal oil, 276. to appoint a commissioner to procure information relative to cure of inebriates, 311. GaNPOWDER, keeping and selling of, in cities, 87, 125. provisions as to keeping In townships and villages, 286-288. GUNS, setting of, a misdemeanor, 810. HEALTB, boards of. (See Boards of Health, and Public Health.) HEALTH OFFICERS, appointment and compensation of, 88. HEALTH PHYSICIANS, ETC., to report to State Board of Health, 8. HIGHWAYS, establishment of, etc., in villages, 182, HOG'8-LARD. Inspection of, 166-176. HOSPITALS, establishment of, 71, 98, 100. for reception of persons having small-pox, etc., 71. by whom regulated, 72. penalty for Inoculating with small-poz, except at, 78. when board of health to provide, 75. when infected persons to be removed to, 76. penalty fcirviolatlng regulations of, 78. HOUSEHOLDERS, to give nolice of disease, 79. ILLUMINATING OILS, storing of, in cities, 125. inspection of, 276-282. state inspector of, appointment of, 276. term of office, 270. to test oils offered for sale, 270. brand of, 27«. rejected, nnlawfnl to sell, 276. deputy inspectors of, 277. inspectors of, to provide themselves with instrn- mcnis, and to inspect when called upon, 277. test of, 277. oath and bond of inspectors and deputies, 278. ILLUMINATING OILS (Continued), fees for Inspection, 278. deputy to report monthly to principal, 278. record of oils inspected, 278. inspection of oils manufactured in this state, 278. penalty for selling, etc., before inspection, 278. penalty for branding falsely, etc., 278. inspector or deputy to enter complaint, 279. not to traffic in oils, 280. no person to adulterate, or sell, or use certain oils, or their products, 281 . penalty for violating provisions of act, 281. INEBRIATES, appointment of commissioner to procure informa- tion relative to treatment and cure of, 811. INFECTED ARTICLES, local boards of health may grant permits for re- moval of, 60. how secured, 65. impressing houses, etc., for keeping, 56. INFECTED DISTRICTS, local boards of health may restrain travelers com- ing from, 58. INFECTED PERSONS, provisions respecting care and charge of, 51-62. removal of, 68, 76. INOCULATION, with small-poz, except at hospitals, penalty for, 73. with cow-pox. 81. INSANE, DEAF, DUMB, AND BLIND, supervisors and assessors to collect statistics rela- tive to, 85. blanks containing statistics of, to be delivered to county clerks, 85. county clerks to forward statistics of, to secretary of state, 85. . to distribute blanks, 86. secretary of state to furnish blanks for returns, 86. secretary of state to prepare abstract of informa- tion relative to, 85, INSPECTION, of oils, 276-282. . (See llluminaiing Oils.) of provisions, 141-197. (See ProUsions and Salt— Inspection of.) of salt, 198-281. INSPECTORS OF PROVISIONS, election and term of office, 141. oath and bond, 142. to appolut deputies, 143. Of Bbe? and Pokk, 144-165. bond of, 144. annual returns of, 145. duties of, on inspecting beef, 144-156. pork, l.'^6-165. fees of, for inspecting, 162. penalty for fraud or neglect, etc., 163. OW BUTTBE AND Lard, 166-176. bond of, 166. annual returns of, 167. mode of inspecting, 168. fees of, 173. penalty for neglect or delay, 174. Or Fisn, 177-186. bond of, 177. annual returns of, 178. mode of inspection, 179. how 10 brand, 181. fees of, 184. penally lor branding without inspecting, 186. Op Flour and Meal, 187-197. bond of, 187. annual returns, 138. duties of, 195. fees of, 196. Ov Salt, 193-281. appointment and term of office of inspector, 199. governor may remove fi'om office, 199. vacancy, how filled, 199. to divide territory into districts and appoint deputies, 21)0. oath and bond of, 201. oaih and bond of deputies, 202. location of oltlce, 203. INDEX. SS INSPECTORS OF PEOVISIONS (Continued), Ov Salt, 198-231. office bonis, 203. reports of deputies, 208. to keep record, 208. not to have interest in salt, 204. visits of deputy, 203. visits of iuspector, 206. duties when inspecting, 207, 209. certificate of, 212. to prescribe rules for weights, 212. to examine bins, 216. when not to inspect, 220. to regulate size of package, 223. to cause ground salt to be labeled as such, 224. penalty for connivance of, 225, 226. to inspect on application, 227. penalty for neglect, 227. •who to fill vacancy In office of, 229. to establish grades of, 280. INTEMPERANUB, commissioners to collect information relative to the treatment and cure of victims of, 811. INTOXICATING DRINKS, use of, by railroad employes, prohibited, 256. (See Liquors.) JUSTICES OF THE PEACE, to be member of boards of health, 87. duties uf, relating to public health, 1S-C2. LARD, inspection of, 1 06-176. LIFTING JACKS, bagerage-cars of each passenger train to be pro- vided with, 267. penalty for not providing, 263. LIQUORS, penalty for adulterating, 134, 233. brand of, 284. sale from casks not branded prohibited, 285. evidence of violation of act, 286. penalty for putting drugged liquors into branded casks, 287. adulteration of, for medical or mechanical pur- poses, 238. prosecutions for violation of act, 289. LOCAL BOARDS OV HEALTH. (See Boards of Health.) LOCOMOTIVE, uncoupling of, etc., by persona not employed, 274. running awav with, punishment for, 276. LUMBER-YARDS, location of, in cities, 125. MARKETS, regulation of, in cities, 97-98.- regulaiioa of, in villages, 126. MARRIAGE, certificate of, 25. record of, to be kept, and certificate delivered to county clerk, 25. clerk to record certificate, etc., 26. of Quakers, 25. who shall be capable of contracting, 316. who shall not intermarry, 817-319. (See Births, Marriages, and Deaths.) MEAL, inspection of, 1S7-197. MEAT, . , „ diseased, provision to prevent consumption of, 240. MEDICINES, punishment for adulterating, 185. poisonous, punishment fur prescribing while in- toxicated, 186. MILK, adulteration of, 232. provisions relative to traflic in, 232. MINING COMPANIES, to furnish state board of health certain informa- tion, 9. MINISTERS OP THE GOSPEL, duties of pertaining to the solemnization and re- turn of marriages, 25. N.'i.ME, FICTITIOUS, . . . .„„ pnnlsbment for purchaser of poison giving, Iorting tainted fish, IBS. for branding flsh without inspecting, 186. for counterfeiting brand of inspector of flour and meal, 197. for selling and exporting salt not inspected, 198. for counterfeiting brana of inspector of salt, 2U. for packing salt before inspecting, 217. for counterfeiting name on salt barrels and casks, 222. on inspectors of salt, 225-227. for adulterating milk, 232. for adulterating liquors, 233. for putting drugged liquors into branded casks, 237. for imparting diseased sbeep, 243. for allowing diseased sheep to run at large, 244. for selling oils before having been inspected, 278. for branding oils falsely, 278. for violating provisions of law relating to illumi- nating oils, 231. for transporting or storingnitro-glycerine without label, 284-285. for not submitting to regulations in regard to gun- powder, 283. for printing, etc., of virtues of medicines in im- moral language, 805. on proprietors, etc., of newspapers for publishins certain advertisements, 305. for publishing certain circulars, etc., 306. for selling drugs designed to produce abortion, etc , 309. for obsirncting ditch, etc., 815. for offending against laws relatins to fisheries, for violating provisions of act relative to dissec- tion, 328, , for selling bodies to be taken out of the state, 325. On Railroad Companies, for neglecting to repair unsafe track, bridges, etc., 246, neglecting or refusing to construct gate, bridge, or to keep flagman at crossing, 247, 263. for running trains without air-brakes, 252. on gate-keeper for neglect of duty, 266. on engineer for being intoxicated, 267. for violating rule of railroad companies, 25S. for placing impediments upon the track, 260. for neglect to use bell and whistle, 261. for violating rules relative to trains crossing other tracks, 262. for not fencing railroad track, 263. for having animals within fences and catt'e- gnards, or making openings in fences, etc., 263. for not carrying axes, saws, etc., 268. for lighting cars with naphtba, etc., 269. for uncoupling locomotive, etc., by persons not employed, 274. for running away with locomotive in certain rases, '275. PEST-HOnSES, erection of, outside of city limits, 100. erection of, outside of village limits, 128. PHYSICIANS, health, to report to state board of health. 8. of incorporated companies to famish information to state board of health, 9. in attendance at hospitals to be subject to regula- tions of boards of health, 74. required to give notice of dangerous disease, 80. PHYSICIANS (Continued), penalty on, for prescribing poiion, etc., while in- toxicated, 1S6. may possess dead bodies, 826, POISON, punishment of physician for prescribing while In- toxicated, 136. punishment of druggist for selling without label, 187. apothecaries, to keep record of sale of, IBS. PORK, inspection of, 144-166. (See Provieions and Salt— Inspection of.) PRISON, erection of, outside of village limits, 128. PROSECUTING ATTORNEY, to prosecute officers for neglect of duty relative to taking census, 18. to prosecute for penalties, etc., for violation of provisions relating to births, marriages, and deaths, 32. to prosecute for violation of law pertaining to adulteration of alcoholic liquors, 239. to prosecute railroad compauies In certain cases, 249, 260. PROVISIONS AND SALT— INSPECTION OF, regulations relative to in cities, 87. regulations relative to, in villages, 126. unwholesome, selling of withont notice, 133. inspectors, election of, 141. oath and bond of, 142. deputies, 143. Beep and Pork, inspectors of, bond of, 144. annual returns of, 145. barrels, quality, and weight of contents, 146; how made, 147. half-barrels, 148. Beef, quality, etc., 149. denominations of, 160. mess, 161. prime, 162. cargo, 163. how salted, 164. how branded, 155. when not to be branded, 166. POKK, denominations of, 167. mess, 157. prime, 158. one-hog, 159. cargo. 160. how salted, 161. fees for inspection, 102. penalty on inspector for neglecting to brand or inspect, 168. penalty for unlawful branding, 161. penalty for intermixing, 165. Butter and Hoo^s-Lard, inspectors of, to give bond, 166. make annual returns, 167. mode of making inspection of, 168. keg or flrkin of, how branded, 169-170. casks, how made. 171. how prepared, 172. fees for inspection of, 173. penalty for neglect or delay to inspect, 174. penalty for counterfeiting brand, 175. penalty for intermixing, 176. Fish, inspectors of, to give bond, 177. annual returns of, 178. fees of, 184. inspection of, 179. how packed, 180. denominations and how branded, 181. penalty for frauds, 182. casks, how made, 183. penalty for selling or transporting tainted, ISO. penalty for branding without inspecting, 186. FiouR AND Meal, inspector of, bond of, 187. annual returns of, 1S3, INDEX. 85 PKOVISIONS, ETC. -INSPECTION OF (Contin'd), FtouB AND Meal, now packed, ]89. casks, sizes and capacity of, 190. how made and how branded, 191. brands of wheat floor, 19-2. brands of rye flour, etc., 193. application for inspection, etc., 194. inspector of, duties of, 195. fees of, 196. penalty for counterfeiting brand, 197. Salt, must be Inspected, 19S. penalties in certain cases, 198. persons injured may maintain action on bond, 201. lime or lime-water not to be used, 208. application for inspection, 209. duties of persons offering salt for inspection, 210. what qualities to contain, 211. certificate of inspection, 212. brand of, 212. barrels, how made, 218. counterfeiting brand of inspector, 214. to be inspected before packed, 215. penalties for packing before inspection, 217. penalty for using barrels, etc., once used, 218. name of person manufacturing to appear on barrels, etc., 219. inferior qualities of, how sold. 221. counterfeit of manufacturer's name, 222. regulating quantity in bags, 228. ground, how marked, 224. Dittems sold as such, 228. in bulk, 231. private trade-marks, 231. inspector of, appointment and term of office of, 199. inspector of, eovernormay remove for cause, 199. vacancy in office, how flllea, 199. to divide territory into districts and appoint deputies, 200. oath and bond of, 201, to keep record, 20S, not to have interest in salt, 208. visits of, 206. dnties of, when inspecting, 207. location of office, 203. office hours, 208. to prescribe rules for weights, 212. may examine all bins, 216. not to inspect in certain cases, 220. connivance of, 225, to inspect at once on application, 227. who to fill vacancy of, 229. to establish grades of, 280. deputy, oath and bond of, 202. reports of, 208. visits of, 205. connivance of, 226. PUBLIC BUILDINGS, GEOUNDS AND PARKS, acquisition, use, and disposition of, in cities, 99- 101. 119-121. PUBLIC HE-^LTH, provisions for protection of, 88-95. abatement of nuisances dangerous to, 89. cleaning or draining unwholesome places, etc., 90. removal of dangerous structures, 90. collection of ezpcnses of removals, etc., by city in cases of neglect, 91. assignment of location for carrying on oflfensive or dangerous business, 92. establishment of hospitals and detention of per- sons having contagions disease, 93. council vested with powers as boards of health, 94. establishment of boards of health and their au- thority, 95. acquisition and regulation of cemeteries, etc, 96. selling unwhole provisions without notice, 188. adnltering food or liquors, 134. adulterating drugs or medicines, 185. penalty for prescribing poison, etc., while intoxi- cated, 186. penalty for neglecting to label certain substances, 187. PUBLIC HEALTH (Continued), duties of apothecaries, etc., in the sale of poisons, • 188. penalty for giving a false name to druggist, etc., burial of dead animals and penalty for neglect, 140. provisions for prevention of introduction of dis- eased cattle and sheep, 240-245. QUAKERS, marriages among, record and return of, 25-29. QUARANTINE, townships may establish, 63, 64, 65. regulations to extend to persons and goods in vessels, 66. penalty for violation of, 67. vessels may be removed to quarantine grounds in certain cases, 68. master, etc., to answer on oath in regard to infec- tions, 69. expenses incurred in carrying out quarantine regu- lations, by whom paid, 70. RAILROADS, unsafe tracks, bridges, etc., 246. rate of speed of trains passing over unsafe tracks^ bridges, etc., 246. where officer or employe may be prosecuted, 240. commissioner of, may stop running of passenger trains in certain cases, 246. forfeiture for neglecting to make repairs, 246. flagmen at crossings, 247. forlelture tor neglect to construct and maintain ' gate, bridge, or flagman at crossing, 247. prosecution for violation of railroad laws, 248. commissioner of, to visit new stations, 248. attorney general and prosecuting attorney to pros- ecute, 249. prosecutions and moneys arising therefrom, 250. attorney, compensation of, 250. construction of act, 251. air-brakes upon passenger trains, 262. air-brake, forfeiture for running trains without, 252. flagman, gate, or bridge at street crossings, 253. iorfeiture for not maintaining, 253. commissioner to give notice that flagman, gate, or bridge is required, 264. gates, location and construction of, 255. gate-keeper, duties of, 255. penalty for neglect of duty, 255. employes, use of intoxicating drinks by, prohib- ited, 266. liability of persons in charge of engine for being intoxicated, 257. corporations to furnish employes copies of rules, 258. genalty for violating rules, 258. ow passenger trains to be formed, 259. punishment for placing impediments upon the track, etc., 260. bell and whistle to be placed on locomotive, 261. when to be sounded, 261. signal-boards to be erected at crossings, 261. trains to stop before crossing tracks of other roads, 262. which train to have precedence, 262. penalty for violation of rule, 262. company to maintain fences, cattle-guards, etc., 263. liability previous to fencing, etc., 263. proviso relating to roads north of the mouth of Saginaw river, 268 penalty for having animals within fences and cat- tle-guards, or makibg openings in fences, etc., 263. injuries arising from riding on platform, 264. when death caused by wrongful act, neglect, or default, company to be liable for dumages, 265. action to be brought in name of personal repre- sentative, 2C6. distribution of amount recovered, 266. passenger cars to carry axe and saw withm reach, 267. baggage-cars to carry lifting-jacks, 267. penalty for noncompliance, 208. fighting of railwjiy passenger cars with naphtha, etc., prohibited, 269. 86 LAWS RELATING TO PUBLIO HEALTH. KAILROADS (.ContinueO) accidents, notice of, on vallroad!, 270. commiBsioner to investigate causes of 271. railroad companies rcquiicd to cut decayed and dangerous trees near traclc, 872. persona obstructing or damaging track liable to imprisonment for life, 273. uncoupling, etc., locomotive or cars by persons not employed, etc., 274. running away with ir)comotives to which express ormail cars are attached, 275. EET0RNS, of births and deaths, supervisors to make, 24. county clerk to make, 26. inspectors of beef and pork, 145. of butter and lard, 167. of flour and meal, 18S. SALT, inspection of, 198-2-31. (See Provisions and Salt— Inspection of,) SECEETAKY OF STATE BOAED OF HEALTH, election of, 4. duties of, 5. salary of, 6-7. to be superintendent of vital statistics, 10. (See Boards of Health.) SECEETART OF STATE, to provide room for use of state board of heallb, 11. to prepare and transmit to county clerks blanks for taking-census and statistics, 14. to condense and distribute census and statistical returns, 20, to furnish books of record and blanks for return of births, marriages, and deaths, 27. to bind and index returns of births, marriages, and deaths, 28. to make report of births, marriages, and deaths to governor, 23. to present abstracts of insane, deaf, dumb, and blind to governor, 85. to transmit to county clerks blanks for the collec- tion of statistical information relative to the insane, deaf, dumb, and blind, 86. SEN .ATE, to confirm appointment of members of state board of health, 1. 8EWEE8, provisions relative to, 102-118. (See Cities.) SHEEP, diseased, penalty for importing, etc.. 248. allowing to run at large, penalty for, 244. recovery of damages, 245. SHOP.S, location of, in cities, 125. SICKNESS, regulations relating to causes of, 89. SIDEWALKS, provisions relalive to, in cities, 122-124. construction of, in villages, 129-130, 132. SIGNAL-BOARDS, at railroad crossings, 261 . SIGNS, regulations relating to, in cities, 124. regulations relating to, In villages, 131. SMALL-POX, provisions to prevent spread of, 61-82, 71-31. penalty for inoculating with, except at hospitals, 78- SOCIAL AND VITAL STATISTICS, acts to provide for collecting, 12-86. STATE BOAED OP HEALTH, act establishing, 1-11. (See Boards of Enalth.) STATE OFFICERS, to furnish state board of health certain informa- tion, 9. STEEAMS, In cities, preservation of purity of, 87- STEEBTB, in cities, control and repairing of, 119-121. STEUCTHEES, DANGEROUS, removal of, 90. SUPERINTENDENTS OF THE POOE, may remove paupers from poor-house when con- tagious disease shall break out endangering health, 62. SUPBEINTENDENT OP VITAL STATISTICS, who to be, 10. SUPEEVISOES AND ASSESSORS, duties of, relative to taking census and statistics, 12-28. compensation of, 19, 20, 84. duties of, relative to births, marriages and deaths, 12, 24. to collect statistics reltive to the insane, deaf, dumb, and blind, 85. supervisors members of boards of health, 37. TEXAS CATTLE, not permitted to pass through state in certain months, 242. TOWNSHIP CLERK, to be clerk of board of health, 87. TOWNSHIPS, quarantine regulations in. 68-70. assignment of places for carrying on offensive trades in, 82-84. storing of gunpowder in, 286-288. enlarging nmits of C( TREES, r cemeteries, 294-803. dangerous, railroad companies required to cut, 272. UNIVERSITY OF MICHIGAN, provided with certain subjects for dissection, 328. VESSELS, quarantine regulations concerning, 68. masters, etc., of, to answer on oath in regard to infections, 69. VILLAGES, assignment of places in, for carrying on offensive trades, 82-84. boards of health of, who to constitute, 85. abatement of nuisances and preservation of pub- lic health in, 126. inspection of provisions, lire-wood, etc., 126, selling and storing of combustibles, etc., 12S, 2S6-28S. purchase and regulation of cemeteries, 126. support and relief of poor persons, 127. prison, pest-house, etc., beyond corporate limits, 128. construction of sidewalks, 129-130. signs, awnings, etc., 131. water-conrses, streets, bridges, etc., 182. vacating cemetery plats in, 289-298. enlarging limits of cemeteries, 294-303. VITAL STATISTICS, (Set Births, Marriages, and Deaths.) WATER COURSES, provisions for, in cities, 102-113. opening, etc., of, in villages, 183. provisions of law relative to, 812-315. WHISTLE, to be placed upon locomotive, when nsed, and penalty for neglect, 201. Cornell University Library RA 87.A5 1876 Laws of the state of Michigan relating t 3 1924 012 470 088