provisions of this chapter, or with the provisions of the act establishing such fire department, shall be repealed so far as they may apply to such town. Ib. § 9. HEALTH, BOARD OF. 8. may make regulations as to interments, &c. 9. Cities and towns to provide burial grounds. 10. New burial grounds not to be established without permission in cities. 11. Nor in towns. 12. Penalty for unlawful burials. 13. Powers of boards of health. 14. Notice of penalties established by boards of health. 15. Appeal to C. C. P. from order of boards of health, closing tomb, &c. 16. Deficiency or desecration of burial ground, how punished. 17. Burial ground not to be closed without notice. 18. Act to take immediate effect, appeal in past cases. Tombs on private land. 19. Notice of their regulations to be published. 20. Board of health to examine into nuisances, &c. 21. Nuisances, how, and by whom to be removed, penalty for neglect. 22. Notice to remove nuisance, how served, &c. 23. Proceedings when order is not complied with, expenses of, by whom paid. 24. Board of health to remove the occupants of any cellar &c., occupied as a dwelling house, which is unfit for the purpose, and a cause of nuisance or sickness either to the occupants or the public. 25. Expenses of removing nuisance, how recovered. 26. When a party is convicted of a nuisance, &c. 27. Court of common pleas may issue injunctions in cases of nuisance, 28. How board of health may make compulsory examination of premises, when refused, &c. 29. Board may grant permits for the removal of infected articles or sick per sons. 30. Board may remove infected persons to a separate house, &c. 31. If the infected persons cannot be removed, others may be, &c. 32. Persons may be stationed on borders of other States, to examine, &c. 33. Any two justices may issue warrants to remove sick persons. 34. One justice may issue warrant to secure infected articles. 35. Justices may take up houses, stores, &c., for safe keeping of goods, &c. 36. Officers, may break open houses. shops, &c., and command aid. 37. Expenses to be paid by owners of goods, &c. 38. Towns shall make compensation for houses, &c., and for services impressed. 39. Removal of prisoners attacked with disease in jail. 40. Return of removal to be made to the court-such removal shall not be an escape. 41. Towns may establish a quaran tine. 52. Physicians and others, in hospitals, to be subject to board of health. 53. Hospital shall be immediately provided, when the small pox breaks out unexpectedly. 54. When selectmen shall give notice by suitable signals. 55. Penalty on physicians and others, for violating regulations. 56. Every house holder to give notice of small pox in his family. 57. Penalty on physicians, for not giving notice of small pox, &c. 58. Towns may provide for inoculation of inhabitants, and defray expenses. 59. Fines &c., to whom to enure and how recovered. 1. Every town respecting which no provision is made by any special law, for choosing a board of health, may, at their annual meeting, or any other meeting legally warned for the purpose, choose a board of health, to consist of not less than three, nor more than nine persons; or they may choose one person to be a health officer; and, in case they shall not choose any board of health or health officer, the selectmen shall be the board of health. 6. 21, § 1. R. S. 2. All the powers vested in, and the duties prescribed to, boards of health of towns, by the general laws, shall be vested in, and prescribed to, city councils of cities, in case no special provision to the contrary is made in such laws themselves, or in the special laws applicable to any particular city. Stat. 1849, c. 211, § 1. 3. The powers and duties above named, may be exercised and carried into effect by eity councils, in any manner which they may prescribe, or through the agency of any persons to whom they may delegate the same, notwithstanding a personal exercise of the same, collectively or individually, is prescribed in the instance of towns, as above referred to. And city councils are hereby authorized to constitute either branch, or any committee of their number, whether joint or separate, the board of health for all, or for particular purposes, within their own cities. Stat. 1849, c. 211, § 2. 4. Every board of health may appoint a physician to the board, who shall hold his office during their pleasure. Ib. § 3. 5. The board of health shall establish the salary or other compensation of such physician, 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. Ib. § 4. 6. The board of health shall make such regulations respecting nuisances, sources of filth and causes of sickness, within their respective towns, and on board of any vessels in their harbors, as they shall judge necessary for the public health and safety; and if any person shall violate any such regulation, he shall forfeit a sum not exceeding one hundred dollars. Ib. § 5. 7. The said board shall also make such regulations, as they may judge necessary for the public health and safety, respecting any articles which are capable of containing or conveying any infection or contagion, or of creating any sickness, when such articles shall be brought into or conveyed from their town, or into or from any vessel; and if any person shall violate any such regulations, he shall forfeit a sum not exceeding one hundred dollars. Ib. § 6. 8. The said board shall also make all regulations, which they may judge necessary for the interment of the dead, and respecting burying grounds in their towns. 16. § 7. 9. Each city and town in the Commonwealth shall provide one or more suitable places for a burial ground, within which the bodies of persons dying within their respective limits may be interred. St. 1855, c. 257, § 1, 10. No land other than that now used or appropriated in any city in this Commonwealth for the purpose of a burial ground, shall be used by any person or persons for the burial of the dead, unless permission is granted by the mayor and aldermen of such city. Stat, 1855, c. 257, § 2. 11. No land other than that now used or appropriated in any town in this Commonwealth for the purpose of a burial ground, shall be used by any person or persons for the burial of the dead, unless permission is granted by the town. Stat. 1855, c. 257, § 3. 12. For every interment made in violation of sections two and three of this bill, the owner or owners of the land so used shall forfeit not less than twenty dollars, nor more than one hundred dollars, to be recovered by indictment for the use of the city or town in which interment is made; but this section shall be of no effect until such city or town shall have complied with the sixth section of this act. Stat. 1855, c. 257, § 4. 13. Boards of health in any town or city in this Commonwealth, shall have the power to establish such penalties for the violation of any regulations for the interment of the dead, and respecting burying grounds made by said boards under authority of the seventh section of the twenty-first chapter of the Revised Statutes, as they may think proper. And the board of health of any city or town is hereby authorized to forbid the use of tombs by undertakers as places of deposit for bodies committed to them for burial, for the purpose of speculation: provided, however, that no one penalty for any one violation shall exceed one hundred dollars. Stat. 1855, c. 257, § 5. 14. The same notice shall be given of any penalties established under authority of the foregoing section as is prescribed for giving notice of the regulations for the interment of the dead and respecting burial grounds, in the eighth section of the twenty-first chapter of the Revised Statutes; and such notice of such penalties shall be deemed legal notice to all persons. St. 1855, c. 257, § 6. 15. Whenever the board of health in any town or city of this Commonwealth shall order any burial ground, tomb or tombs, or cemetery, to be closed which has heretofore been established, approved or used, and forbid the same to be thereafter used for the purpose of interment, any person or persons owning any tomb or tombs therein, aggrieved or injured by such order, may appeal from the decision or action of the said board of health-notice of such appeal to be given to the said board of health fourteen days previous to the entry of the appeal in court; and said appeal must be entered, within six months from the date of the publishment of the order of said board of health, in the court of common pleas which may be holden in the county in which such burial ground, tomb or tombs, or cemetery, may be situated: provided, that the order of said board of health shall be obeyed until a legal decision on such appeal shall be obtained. Said appeal shall be tried in regular course and before a jury of said court; and in case the jury shall find that any of the tombs so closed in said burial ground or cemetery were not a nuisance and were not injurious to the public health at the time said tombs, burial ground, or cemetery, were so closed, then the judgment of the court shall be given to rescind the order of the board of health so far as it covers or relates to the tomb or tombs, cemeteries or burial grounds, which were found not to be a nuisance or injurious to public health; and the costs of such appeal shall in such cases be paid out of the treasury of the town or city in which such tomb or tombs, burial grounds or cemetery, lie, and execution therefor shall issue in favor of the appellant or appellants. But if the verdict of the jury shall sustain the order of the board of health, then an execution shall issue for double costs against the appellant or appellants, in favor of said board of health, but for the benefit of such town or city. Stat. 1855, c. 257, § 7. 16. Any person or persons who shall wrongfully deface or injure any public or private burial ground, or any walls, fences, monuments, trees, plants, walks, or other appurtenances thereto, or throw any rubbish or offensive matter into, or commit any nuisance within any such burial |