and clerk.

clerk, who shall be sworn, and shall record the acts, doTheir records ings and proceedings of such board, and such records, or certified copies thereof, shall be receivable in evidence, in all courts of law in this state.

to be evidence.

Their duties;

SECT. 2. It shall be lawful for such board, or such health officer, or health officers, or health committee, or health committees, as such board may appoint, to exto examine in- amine into all nuisances, and such sources of filth, as may

to nuisances,

be injurious to the health of the inhabitants, whether the same shall proceed from stagnant waters, cellars, drains, common-sewers, slaughter-houses, tan-yards, purtrid animal, or vegetable substances, vessels, scows, or boats, or any other cause, of any nature or kind whatsoever; and it shall be the duty of such board, health officer, or officers, health committee, or committees, to cause to be removed all filth of any kind whatever, which shall be found in any of the streets, lanes, wharves, docks, or in any other place whatever, within the limits of their town, whenever, in the judgment of such board, such filth shall endanger the lives or health of the inhabitants; and all expenses of such removal shall be paid by the person or persons, who placed it there, if known, and, if not known, by the town. And whenever any filth or nuisances as aforesaid, shall be found on private property, such board shall cause actual notice to be given to the owner, or occupier of such property, to remove the same, at his or her expense, within twenty-four hours, or such longer reasonable time, as the board shall direct; and in case such owner or occupier, shall neglect to remove the same, he or she shall forfeit and pay a fine of not less than twenty dollars, nor exceeding one hundred dollars, and shall also pay such expense and cost, as the town shall incur, by such removal; and after the expiration of such time, it shall be the duty of such board, to cause such filth or nuisances, forthwith, to be removed or abated. And such board, or such health officer or committee, as they shall direct, shall have power to enter all houses, stores, cellars, vessels, and other places, where such board shall have just cause to suspect, any of the aforesaid nuisances, or causes of filth, to exist, and on finding the same, the owner or occupier of such house, store, cellar, vessel, or place, shall be liable, and such board may proceed in manner and form as aforesaid. And such board is also authorized, from time to time, to make such rules and regulations, and give such orders, to have effect within the limits of their town, as to such board shall seem necessary and proper, to prevent. the aforesaid nuisances, or sources of filth; and whatever person shall, wittingly and willingly. violate such rule, regulation or order, after the same shall have been

published for one week, in a newspaper, printed in such town, or after the same shall have been posted, for one week, on the sign-posts in said town, or after actual notice thereof shall have been given to such person, he or she shall forfeit and pay a sum, of not less than fifteen dollars, nor exceeding one hundred dollars, at the discretion of the court.

penalty for violating them.

May assign places for, and regulate quarantine.

What vessels

SECT. 3. It shall be lawful for the board of health, in any town, contiguous to navigable waters, to make out and assign, within the limits of their town, or the waters contiguous thereto, the port or place in any harbor, road, river, or bay, in which, or where, vessels arriving or coming into the limits of such town, or into such contiguous waters, shall, if need require, perform quarantine; and every vessel, which shall, between the first day of June, subject to and the first day of November, in each year, come from quarantine. any foreign port or place, or from any port or place, in the United States, south of the capes of the Delaware, and arrive or come to anchor in any such harbor, road, bay, river, or contiguous waters, if any place for quarantine shall have been assigned as aforesaid, such vessel coming and arriving as aforesaid, or coming to anchor, shall come to anchor and lie at such place so assigned, and at no other place whatever, until discharged, in manner as is hereinafter provided. And the master of every vessel Duty of the arriving or coming to anchor as aforesaid, shall forthwith masters of make signal, for a health officer, by hoisting colors in the such vessels. shrouds, or, if need require, may send a person on shore, who shall, in person, or by writing, notify the health officer of the port, or if there be no health officer, a member of the board of health, of the arrival of such vessel, and forthwith return on board; and every person so sent, who Penalty. shall neglect to return as aforesaid, shall forfeit and pay a fine of fifty dollars; and every master of a vessel, arriving or coming to anchor as aforesaid, who shall come to anchor at any port or place, in such harbor, road, river, bay, or contiguous waters, (wind and weather permitting,) other than in the port or place so assigned, for the performance of quarantine, if any such port or place be as- Penalty for signed, shall forfeit and pay a fine of not less than one hun- violating quarantine. dred dollars, and not exceeding five hundred dollars, or suffer imprisonment for a term not exceeding six months, or both, at the discretion of the court.

SECT. 4. On notice given to a health officer, or member of the board of health, of the arrival of any vessel as aforesaid, it shall be the duty of such health officer, or member of the board of health, without delay, to visit such vessel, and such officer, or member, shall have power and authority, on examination, as the circumstances of

Duty of health

officers, &c.

on arrival of such vessel.

May give certificate of health, &c.

Penalty for violating rules of quarantine.

Penalty for attempting to elude quaran tine, by false representations, &c. &c.

Health officers may order vessels to be

how to pro

ceed.

the case may require, to give a certificate of health, discharging said vessel from quarantine, or to cause such vessel to continue subject to quarantine: and every vessel, so subjected to quarantine, shall perform quarantine, under such restrictions and regulations as such board of health shall have established, or may establish. And every owner, master, supercargo, officer, seaman, consignee, or other person, who shall neglect or refuse to obey the directions, rules, regulations, or restrictions of the board of health, relative to any vessel required to perform quarantine, shall pay a fine, not exceeding five hundred dollars, or suffer imprisonment for a term not exceeding six months, or both, at the discretion of the court.

SECT. 5. If any master or commander of any vessel, liable to perform quarantine, as aforesaid, shall falsely, or fraudulently, attempt to elude a quarantine, by false and unfounded declarations of the port or place from whence he came, or shall land, or suffer to be landed from his vessel, any apparel, bedding, goods, or merchandize whatever, or any person or persons, other than in the manner herein before provided, or permit any person or persons to enter on board the same, before such vessel shall have been visited as aforesaid, he shall forfeit and pay a sum of not less than one hundred dollars, nor exceeding five hundred dollars, or suffer imprisonment not exceeding six months, or both, at the discretion of the court.

SECT. 6. Whenever a health officer, or member of the board of health, shall, on visiting any vessel as aforesaid, cleansed, then think it necessary that any vessel required to perform quarantine, should be cleansed or purified, he shall direct the master or commander of such vessel, to hoist a white flag on the head of the main-mast, there to be kept during the day time. And it shall be the duty of such officer, or member, to apply, without delay, to the board of health, to direct the time and manner, in which the cargo on board such vessel, shall be in part, or in whole cleansed, or purified, if need require; and such vessel, or such part thereof, as may be infected, shall be cleansed, by being washed with a lye made of water and soap, or potash, barilla or common ashes, or in such other method, as such board shall direct. And whenever such vessel shall board, diseas contain any person, laboring under a malignant, infectious disease, such person shall be removed to a hospital, or other house, in a healthful and safe situation, and nursed and provided for, in the manner prescribed by law. And such board may also, at their discretion, cause any passenger or passengers on board such vessel, and such of the mariners, as the master or commander of such vessel shall not require to continue on board, to be removed

Persons on

ed, to be removed to a hospital.

Passengers,

&c. may be secluded.

from such vessel, and secluded on shore, for the space of fourteen days, in such a convenient place, as the board shall direct; and if any person required to continue in such confinement, shall depart therefrom, without permis- Penalty on sion from the board of health, or some person acting by such, for escatheir direction, he or she shall forfeit and pay a fine, not ping, &c. exceeding one hundred dollars and whatever person on others, for associating shall, without such permission, resort to, or associate with, any person or persons so confined, shall be deemed to be contaminated with infection; and shall be liable to undergo the same confinement and penalties, as are imposed upon, or required of, such person or persons resorted to, or associated with.

with them.

fraud or mis

SECT. 7. Whenever any certificate of health shall have Certificates been given for any cargo, vessel, or person, if the board obtained by of health shall, on examination, find that the same was take, to be obtained by fraud, or any false or unfounded represen- void, and tation, or shall be of opinion, that such vessel, person, then, how to or cargo, should perform further quarantine, for the proceed. purpose of being cleansed, or purified, on notice thereof being given by the board, to such person, or the owner, master, supercargo, or consignee of such vessel or cargo, as the case may be; the same shall, in all respects, be liable to be proceeded with, in the same manner, as if no certificate of health had been given.

SECT. 8. Whenever the board of health in any town, Board of shall deem it expedient, that vessels coming or arriv- health may ing in their town, or in the waters contiguous there- vessels to subject other to, from any port or place in the United States, north quarantine. of the capes of the Delaware, should perform quarantine, such board may subject such vessels to perform quarantine and an order of such board, published in How. a newspaper, printed in their town, or posted, for three days, on the sign-posts in such town, for that purpose, shall subject such vessels to quarantine; and thereupon such vessels and their cargoes, and the masters, owners, mariners, consignees, and all other persons, shall be liable to the same penalties, rules, regulations, and restrictions, as are established by law, and shall have been, or may be established by such board, relative to vessels arriving or coming from a foreign port, or place.

communica

SECT. 9. Whenever any contagious or malignant dis- Board of ease is prevalent in any town in this state, or in any town or health may place in any of the adjoining states, it shall be lawful for interdict, the board of health, of any other town in this state, to interdict communication between their town, and such infected town or place; and an order of such board, for that purpose, published or posted, in the manner prescribed in the last section, shall be deemed sufficient notice to all

tion with infected places.

persons, of such interdiction; and any person found guil Penalty for vi- ty of wilfully violating such order, shall be subjected to a olating order. fine not exceeding one hundred dollars. Taverners, &c.

to give notice

of their sick lodgers, &c.

Penalty.

Board of

tablish fees,

&c.

SECT. 10. Between the first day of May, and the first day of November, in each year, every taverner, inn-keeper, or keeper of a boarding-house, or lodging-house, shall, within twelve hours after any sea-faring man, or other lodger, becomes sick, in his or her house, report in writing, to the board of health, or health officer, the name, (if known,) of such person, and the nature of his disorder, on pain of forfeiting twenty dollars.

SECT. 11. The board of health is authorized to estabhealth may es- lish the fees or compensation, not exceeding five dollars, which the health officer shall be entitled to receive, for visiting a vessel as aforesaid; and the master, or owner of such vessel, shall be liable to pay the same, to such health officer.

Board of health may enforce their orders.

How.

Physicians to report,

on penalty.

Penalties, &c. how appropriated,

and applied.

SECT. 12. Whenever any person shall refuse to obey any order or orders, given by a board of health, in pursuance of the powers, in such board vested by law, or shall endeavor to prevent such order from being carried into effect, it shall be lawful for any justice of the peace, on the request of such board, to issue his warrant, to any proper officer, or, if need requires, to any disinterested person, therein stating such order or orders, and him requiring to carry the same into effect, and it shall be the duty of such officer, or disinterested person, to execute the same.

SECT. 13. Whenever a board of health shall request any physician, practising in their town, to make to the board, daily, or weekly report, of such cases of pestilential, or malignant fever, or disease, as occur in his practice, it shall be the duty of such physician to report as aforesaid, specifying each patient's name, and place of residence, on pain of forfeiting, for each neglect or refusal, a fine of fifty dollars.

SECT. 14. All penalties and forfeitures, that shall be incurred, for any violation of this act, shall be paid into the treasury of the town, in which the offence shall be committed. And all sums recovered, or which any person or persons shall have forfeited, for any breach of any preceding section of this act, or of any order, rule, or regulation, of a board of health, made in pursuance of any preceding section of this act, shall constitute a fund in such town, subject only to such board, and to be by such board applied to the contingent expenses of such board, to the relief of such poor and indigent persons in their town, as may be infected with malignant or infectious fever, or disease, or to the prevention of such disease or