officer for one year, from the first of January next ensuing his election. He shall receive such compensation from the town, city or county treasury, respectively, as the board electing him may determine. The records of the county board of health shall be kept at the county seat. 8054. County board-Duties-Secretary-Neglect to enforce rules. § 9. The board of health of each county, shall be subordinate to the board of health and it shall be the duty of the secretary of such county boards, at least, once in each quarter, to report such facts and statistics, as may be required under instruction from and in accordance with blanks furnished by said board; and, it shall be the duty of the secretaries, of town, and city boards of health, to make like reports to the secretaries of the county boards, in which such town, and cities are situated, to which county boards of health, such town and city boards are subordinate. It shall be the duty of county boards of health to promulgate and enforce all rules and regulations of the state board of health, in their respective counties which may be issued, from time to time, for the preservation of the public health and for the prevention of epidemic and contagious diseases. And, the secretary of any board of health who shall fail or refuse to promulgate and enforce such rules and regulations, and any person or persons, or the officers of any corporation who shall fail or refuse to obey such rules and regulations, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not exceeding one hundred dollars; and upon a second conviction the court or jury trying the cause may add imprisonment in the county jail for any period not exceeding ninety days. 8055. Births and deaths, report of. § 10. It shall be the duty of all physicians and accoucheurs, in this state, to report to the secretary of the board of health, of the town, city or county, in which they may occur, all births and deaths which may occur under their supervision, with a certificate of the cause of death, and such correlative facts, as may be required in the blank forms furnished, as provided in this act. When any birth or death may occur, with no physician or accoucheur, in attendance, then such births or deaths, shall be reported, by the householder, where or under whose observations, such birth or death may occur, with the cause of death, if such be known. Any death coming under the jurisdiction, or supervision of any coroner shall be by him reported, to the secretary of the board of health, of the town, city or county, in which such death may occur, and such death, so reported, shall not be required to be reported by any other person. 8056. Marriages, report of. § 11. It shall be the duty of the clerk of the circuit court, of each county, to report to the secretary of the county board of health, on or before the fifth day of each month, the number of marriages for the preceding month, with such facts relating thereto as may be provided for, by a blank furnished to such clerk, by the secretary of the county board of health. 8057. Records-Public-Forms-Where kept. § 12. It shall be the duty of all boards of health to keep a complete record, according to the form prescribed by the state board, of all marriages, births and deaths, reported to them under the provisions of this act, and such record shall be open to the inspection of any citizen without fee. It shall be the duty of the state board of health, to prescribe the forms for the records of mar riages, births and deaths, to be used in the office of the secretary of the county board, and prescribe such form; and, the secretary of the state board shall upon requisition of the health officer of each county furnish him, and through him, the secretary of each local board, in such county, such blanks as may be required for the gathering and reporting of vital and sanitary statistics, according to the provisions of this act. 8058. Appropriation. § 13. The sum of five thousand dollars per an num, or so much thereof as may be necessary, is hereby appropriated to pay the salary of the secretary and other necessary expenses of the state board of health, according to the provisions of this act; and the expenses of the state board of health shall in no event exceed the amount herein appropriated. 8059. Violation of act. § 14. Any person or persons, or the officers of any corporation, who shall violate any of the provisions of this act, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not exceeding one hundred dollars. 8060. Repealing clause. § 15. All laws and parts of laws in conflict with this act are hereby repealed. 8061. Emergency. § 16. Whereas an emergency exists for the immediate taking effect of this act, therefore, the same shall be in force from and after its passage. AN ACT to amend section eight of an act concerning the public health and the practice of medicine, in force on and after September 19, 1881, the same being section 4993 of the Revised Statutes of 1881. [Approved March 8, 1889; in force May 10, 1889; S., 1889, p. 256. 8062. [4993] Local boards, how constituted -Duties-Secretary Health officer-Compensation. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That section 8 of the above entitled act, being section 4993 of the Revised Statutes of 1881, be and the same is hereby, amended to read as follows: 4993. Local Boards. 8. The trustees of each town, the mayor and common council of each incorporated city, except where a regular constituted board of health by ordinance of such city now exist, or may hereafter be created, and the board of commissioners of each county shall constitute a board of health, ex officio, for each of several towns, cities and counties respectively of the state, who shall perform such duties respectively required of them by this act without compensation. They shall annually, at the regular December term of the board of county commissioners, complete their organization by the selection of a secretary to serve one year, who shall be a physician. The secretary of such local boards of health and the secretary of any regular constituted board of health of any incorporated town or city shall be the health officer of every town, city or county, respectively, for the purposes provided in this act, and shall be allowed such compensation from the town, city or county treasury, respectively, as the board electing them may determine: Provided, that the secretary of each county board of health shall render such medical and surgical services as may be required by persons confined in the county jail of such county, and such other medical services as may be required of him by the board of county commissioners. * See § 8053, ante. NOTES TO CHAPTER 69. HEALTH. 4992. Vital and sanitary statistics. The person employed as clerk-be he officer or employe―in the bureau of vital and sanitary statistics holds his office, place, or appointment at the pleasure of the state board of health. It is not within the power of the secretary of state to remove such clerk from such office or employment. Furthermore, the secretary of state is not authorized, except "upon requisition of the secretary of the state board of health, approved by the president thereof," to name or appoint any person to perform the clerical duties of the bureau; Carr v. State, ex rel., III-108. AN ACT authorizing boards of county commissioners of counties of this state adjoining other states to join with the boards of commissioners and the proper authorities of such other states in the construction and repair of highways on, along and near to the state line between the state of Indiana and any adjoining state and to keep the same in repair after construction; and in aid of and supple, mental to the laws now in force, in this state, on that subject. [Approved and in force March 7, 1889; S., 1889, p. 296. 8063. Highway on or near state line-Duty as to. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That when it may be desirable to lay out, construct or improve by straightening, grading, draining, paving, graveling, or macadamizing any state or county road or any part of such road lying on, along or near to the state line between the state of Indiana and any adjoining state, the board of county commissioners of the several counties of the state, so adjoining another state, shall have the authority and such boards of commissioners are hereby authorized to join with the county commissioners and the proper authorities of such adjoining counties of other states in the construction and improvement in the manner aforesaid of such roads, and said boards of commission [er]s shall have power and they are hereby authorized to jointly enter into contracts, with the boards of commissioners and the proper authorities of such adjoining counties in adjoining states, for the construction and improvement of said roads. Each to pay such proportion of the cost of such improvement as shall be determined by and between the said boards of commissioners of this state and such adjoining state which shall be equitable and just. 8064. Petition of land owners - Costs - Repair. § 2. Such improvement shall be made by the boards of commissioners on petition by the land owners pursuant to the laws now in force in this state and shall be governed by the laws now in force in all things and this act is supplemental to and in aid of all laws now in force in this state for the construction and improvement of roads so far as the same can be made applicable; and, any road so constructed or improved under this act shall be free of toll and shall be perpetually kept in repair by the law now in force in this state for keeping such roads in repair; the said adjoining county in said adjoining state contributing its proportionate share for keeping the same in repair according to the proportions paid for the original cost of the same. 8065. Emergency. 3. Whereas, there is an emergency for the immediate taking effect of this act, the same shall be in force from and after its passage. SEC. ARTICLE 2-IN ONE COUNTY, ONLY. 8066. BRANCH WAYS, establishing. SEC. 8068. Appeal Venue. AN ACT providing for the establishment of branch highways; defining their width and declaring an emergency. [Approved March 9, 1889.* Preamble. WHEREAS, There are now large tracts of timber, agricultural, mining and other lands in this state to which access can not be had except by passing over the lands of adjacent owners; and, WHEREAS, There is now no law authorizing the establishment of branch highways connecting said lands with any of the public roads of the state; and, WHEREAS, Said branch highways are necessary adjuncts to the general system of highways. now established in this state and are demanded by a sound public policy; therefore, 8066.* Branchways-Establishment of-Location-Procedure Remonstrance. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That whenever any freeholder of this state owning lands surrounded by the land of others and over which he must necessarily travel in order to reach his own lands and there is no other outlet to the public road, shall petition the board of commissioners, of the county in which the lands necessary to be traveled over are situate, for the location of a branch highway thereon, setting forth such facts in his petition, which must be verified; such board, if it be satisfied that notice of the filing of said petition has been served upon the owner of such other lands, at least, ten days before the meeting of the board at which such petition is to be presented, shall appoint three disinterested freeholders to view such highway. The county auditor shall issue said notice and the same may be served by the petitioner, the sheriff or any other person, by reading or by copy left at the last usual place of residence of the owner, or agent of the owner, of such lands in said county. In case the owner thereof is a non resident of this state having no agent resident herein, such notice shall be given by publication for three weeks successively, ten days before said meeting of said board, in a weekly newspaper published in said county. In case said notice shall be served by the petitioner, or by any other person than the sheriff, such service shall be sworn to by the person making the same. Before the appointment of said viewers, the adverse party may appear upon the calling of said cause and remonstrate against the granting of the petition upon the following grounds and no other, viz.: First, that another convenient and less injurious route can be established over his said lands or the lands of another. Second, that the proceedings are wrongful, oppressive or malicious. No other pleading shall be required, and the board shall hear testimony upon the issue thus presented, and if it finds that another convenient and less injurious route can be established upon the lands of another, then said petition shall be dismissed at the cost of the petitioner; but, if it shall appear that a more desirable and less injurious route can be established upon the lands of the adverse party, such proceeding shall not abate, but may be prosecuted to a final determination, the same as if such route had been originally petitioned for. If the court finds for the petitioner it This statute is unconstitutional; in that it assumes to authorize the seizure of the property of one citizen for the benefit of another and to compel an unwilling owner to yield his land for a private way. Severance of its parts is impossible; the act is an entirety and the whole is void; Logan v. Stogsdale, 123-374. |