the Board of Health shall immediately provide such Hospital, or place of reception for the sick and infected, as they shall judge best for their accomodation, 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 provided for established Hospitals. Persons to be re tal, etc. (1376.) SEC. 40. The Board of Health shall cause such sick When Infected or infected persons to be removed to such Hospitals or places moved to Hosp of reception, unless the condition of the sick person be such as not to admit of removal without danger of life; in which case the house or place where the sick shall remain, shall be considered as a Hospital to every purpose before mentioned, and all persons residing in, or in any way concerned with the same, shall be subject to the regulations of the Board of Health, as before provided. the spread of ease. (1377.) SEC. 41. When the small pox, or any other disease Board to prevent dangerous to the public health, is found to exist in any town-Dangerous Dis ship, the Board of Health shall use all possible care to prevent the spreading of the infection, and to give public notice of infected places to travelers, by such means as in their judgment shall be most effectual for the common safety. lating regulations (1378.) SEC. 42. If any physician or other person, in any of Penalty for vio the Hospitals or places of reception before mentioned, or who of Hospitals. shall attend, approach, or be concerned with the same, shall violate any 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 offence, forfeit a sum not less than ten, nor more than one hundred dollars. give Notice of for neglect. (1379.) SEC. 43. Whenever any householder shall know that Householders to any person within his family is taken sick with the small pox, Disease; Penalty or any other disease dangerous to the public' health, he shall immediately 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 neglect to give such notice, he shall forfeit a sum not exceeding one hundred dollars. sician neglecting (1380.) SEC. 44. Whenever any physician shall know that Penalty on Phy any person whom he is called to visit, is infected with the to give Notice. small pox, or any other disease dangerous to the public health, such physician shall 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 notice, shall forfeit, for each of Inoculation with Cow Pux. fence, a sum not less than fifty, nor more than one hundred dollars. (1381.) SEC. 45. Every township may, at any meeting, make suitable provision for the inoculation of the inhabitants thereof with the cow pox, under the direction of the Board of Health, or the Health Officer 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. OFFENSIVE TRADES. Places may be assigned for fensive Trades. (1382.) SEC. 46. The Township Board of every township, the carrying on Of President and Trustees, or Council, of every village, and the Mayor and Aldermen of every city, respectively, when they shall judge it necessary, shall, from time to time, assign certain places for the exercising 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 officers may think proper. When places become a Nuisance, be revoke, etc. (1383.) SEC. 47. When any place or building so assigned assignment may shall become a nuisance by reason of offensive smells or exhalations proceeding 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. Action on the case for damages. (1384.) 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 matter in evidence. BOARDS OF HEALTH IN CITIES AND VILLAGES. tute Board in lages. (1385.) SEC. 49. The Mayor and Aldermen of each incorpo- who to constirated city, and the President and Council, or Trustees, of each cities and Vilincorporated 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. 1 OF THE CHAPTER XXX V I I I. DRAINING OF SWAMPS, MARSHES, OTHER LOW LANDS, THAT AFFECT HEALTH. AND INJU SECTION 1386. Owner of Swamp, etc., may apply to Township Board. 1387. Determination, Certificate of Board, and application for Summons. 1388. Summons to be issued by Justice. 1389. Summons to direct Notice to be given to Owner. 1330. Summons, how executed. 1391. Justice to attend Jury, and administer Oath, etc. 1392. Proceedings by Jury. 1393. Inquistion of Jury to be certified. 1334. Inquisition to be delivered to Justice; Fees of Officers and Jury. 1395. When Applicant may enter and open Ditch. 1396. Ditch may be cleared and scoured from time to time. 1397. Double damages for obstructing or injuring Ditch, etc. 1398. Justice to cause Maps to be filed with Township Clerk. 1399. Board of Supervisors to appoint Commisto superintend Drainage of sioners Lands. SECTION 1400. Oath of Commissioners. 1401. Commissioners to make Observations and 1402. To estimate and apportion Expense of Auditor General, an laid before Board of 1406. Return of Lands delinquent for Tax; Sale 1407. Powers of Commissioners to locate anl 1408. And to deepen, widen, and clear out same. 1400. Fine for injuring Drain. 1410. Money not to be paid by Cornty Treasurer for Drainage out of any other Fund; Land OF THE DRAINING OF SWAMPS AND OTHER LOW LANDS. Owner of Swamp, etc., may apply Board. 1839, p. 153. (1386.) SECTION 1. Any person owning or possessing any to Township swamp, marsh, or other low land, who shall desire to drain such land, and who shall deem it necessary, in order thereto, that a ditch, or ditches, should be opened through lands belonging to other persons, in case the owners of any such lands shall refuse to permit the opening of such ditch, or ditches, through the same, may make application, in writing, to the Township Board of the township where such marsh, swamp, or other low lands shall be situated, to inquire and determine whether such marsh, swamp, or other lands are a source of disease to the inhabitants, and whether the public health will be promoted by draining the same. Certificate of cation for Summons. Determination, (1387.) SEc. 2. Upon such application being made to the Board, and appli Township Board, they, or a majority of them, shall inquire and determine, and certify under their hands, whether the marsh, swamp, or other low lands, are a source of disease, and whether the public health will be promoted by draining the same, and if they shall certify that the same are a source of disease, and that the public health will be promoted by draining the same, the person or persons making such application may file such certificate with any Justice of the Peace of the township in which the lands are situated, through which any such ditch is proposed to be opened, and apply for such summons as is hereinafter specified. Summons to be issued by Justice. (1388.) SEC. 3. The Justice to whom such application shall be made, shall thereupon issue a summons, directed to the Sheriff, or any constable of the same county, requiring him to summon nine reputable freeholders of such county, who are not interested in the said lands, nor in any of them, nor in any wise of kin to either of the parties, to be and appear on the premises, at a certain time to be specified in such summons, not less than ten, nor more than twenty days from the date thereof. reet Notice to bo (1389.) SEC. 4. Such summons shall also direct the Sheriff S Summons to dior constable to give at least six days' notice to the owner of g ven to owner. such lands, of the time at which such jury is to appear. executed. (1390.) Sec. 5. The officer to whom such summons shall be Summons, how delivered, shall execute the same by summoning such jurors, in the same manner, and with the like authority, as upon venires issued in cases pending before Justices of the Peace, and shall in like manner make return thereof, and of the fact of his having given the notice therein required. and Justice to attend Jury, and admin (1391.) SEC. 6. The Justice shall attend at the time place specified in the summons, and if it appear that due ister Oath, etc. notice has been given, as required in the summons, and if six or more of the nine freeholders, as above specified, shall then and there appear, he shall administer to each of them an oath or affirmation, well and truly to examine and certify, in regard to the benefits or damages which will result from the opening of such ditch or ditches. Jury. (1392.) SEC. 7. The person applying to have such ditch or Proceedings by ditches opened, shall then deliver to the jury a map of the land through which the same are proposed to be opened, on which map the plan, length, width and depth of such ditch or ditches shall be particularly designated; and thereupon the jury shall personally examine the premises, and hear any reasons that may be offered in regard to the question submitted to them; and they may, if they think proper, vary the dimensions of any ditch so proposed to be opened; but in such case they shall designate on the said map the alterations made. by them. Ju y to be certi (1393.) SEC. 8. If, after taking all the circumstances into Inquisition of consideration, the jury shall be satisfied that the opening of tea. such ditch or ditches is necessary and proper, they shall so certify by inquisition in writing; and if so satisfied, they shall further certify by such inquisition, that the benefits which will accrue to the owner of the lands, from the opening of such ditch or ditches, will or will not be equal to any damages that he will sustain thereby; and if such benefits shall be certified not to be equal to the damages, the jury shall assess the damages which, in their judgment, will be sustained by such owner, and certify the same in like manner. de ivered to Jus ces and Jury. (1394.) SEC. 9. Every such inquisition shall be signed by osition to be all the jurors, and delivered to the Justice; and the Justice, tic; Fees of Offjurors, and officer serving the summons, shall be entitled to receive the same fees for their services under the provisions |