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

Massachusetts

Date:: 1894

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

Provider: This material has been provided by the Francis A. Countway Library of Medicine, through the Medical Heritage Library. The original may be consulted at the Francis A. Countway Library of Medicine, Harvard Medical School.

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P.S., 80, §34. If the board or health officer unreasonably refuses or if board un- . . . reasonably neglects to proceed in the matter of such petition, the refuses to petitioner may apply by petition to the superior court or court may any justice thereof, who, upon a hearing and good cause commis- shown, may appoint three commissioners, who shall pro- ceed in the manner hereinbefore provided. looo P.S., 80, §35. Any person aggrieved by the decision of the board, Persons ag- J L c3 J 7 grieved in health officer, or commissioners, in their estimate and award of damages award of damages, may make complaint to the county may apply commissioners for the county at any time within one year after the return to the city or town clerk ; where- upon the same proceedings shall be had as in cases where persons or parties are aggrieved by the award of damages by selectmen for land taken for a town way. An order of the board of health of a city, under Pub. Stats., chap. 80, sect. 32 (Statute of 1S68, chap. 160), directing the owner of land to remove a nuisance, is void if passed without a previous notice and hearing. The owner of swamp-land conveyed to a reservoir company [authorized by its charter to store water, and to drain off the same in such manner as it should deem best, and for this purpose to acquire land by purchase or otherwise] the right of flowing or raising the waters of a pond over his land by a deed containing full covenants of seisin and warranty. Held, that the deed con- veyed an easement in the land, and was not a release of damages for flowing the land ; and that the reservoir company might main- tain a bill in equity against the owner of the land to restrain him from filling the same. Watuppa Reservoir Company v. Colin McKenzie, 132 Mass. 71. A petition to the board of health of a city described a nuisance as owing to large quantities of stagnant water standing in an opeu drain between two streets of the city. The board of health issued a notice that it was acting under the Pub. Stats., chap. 80, sects. 30, 31 and 32 (Statute of 1868, chap. 160), and abated the nuisance. On a petition for a writ of certiorari to quash the pro- ceedings of the board of health, it did not appear whether the drain was a public or private one, nor for what purpose it was made; and it appeared to be a watercourse. Held, that it could not be said that the nuisance was not such as could be abated under the Pub. Stats., chap. 80, sects. 30, 31 and 32 (Statute of 1868, chap. 160), and that it was too late to take this objection. Grace v. Newton Board of Health, 135 Mass. 490. 1868

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