Manual for the use of boards of health of Massachusetts : containing the statutes relating to the public health and the decisions of the Supreme Court of Massachusetts relating to the same / prepared by direction of the State Board of Health.

  • Massachusetts.
Date:
1886
Catalogue details

Licence: Public Domain Mark

Credit: Manual for the use of boards of health of Massachusetts : containing the statutes relating to the public health 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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    board shall take all necessary measures to prevent such exercise ; and the person so refusing or neglecting shall for- feit not less than fifty nor more than five hundred dollars. A notice ordered by the board and duly received is sufficiently served. It need not necessarily be served by a constable or other officer.. Winthrop v. Farrar, 11 Allen, 398. The supreme judicial court has authority under its general jurisdic- tion as a court of equity to restrain by injunction the carrying on of an offensive trade which has been prohibited by a board of health. But the board must act in good faith towards the parties interested, and if by their action they have misled them and put them in a position to prevent their availing themselves of their right to appeal, and by reason thereof they have lost their opportunity to appeal, the court will refuse to enforce the orders of the board by a process in equity. Winthrop v. Farrar, 11 Allen, 402. A bill in equity to restrain a party from exercising an offensive trade or employment prohibited by the board of health of a city is properly brought in the name of the city and properly signed by the mayor. Taunton v. Taylor, 116 Mass. 262. Appeal by per- 99 ^ Any person ao-orieved by an order may appeal son aggrieved. •/ 1 oe J J 1 J. ^80'§ 88tatutes' therefrom, and shall within three days from the service 1883,133, §1. thereof upon him apply to the superior court, if in session in the county where the premises are located with refer- ence to which such order is made, or in vacation to a justice of said court, for a jury ; and such court or justice shall issue a warrant for a jury, to be impanelled at a time and place expressed in the warrant, in the manner pro- vided in regard to the laying out of highways. If a person by mistake of law or fact or by accident fails to appeal from any such order, and to apply to the superior court or a justice thereof for a jury within said three days, and if he makes it appear to the court or justice that such failure was caused by mistake or accident, he may at any time within thirty days from the service of the order upon him appeal therefrom and apply for a jury with the same effect as if done within the said three days. Trade not to be ]_oo. During; the pendency of the appeal such trade or exercised 01 J 1 1 Pubulstatutes, employment shall not be exercised contrary to the order; c. 80, § 89.