The members and apparatus of the fire department have the right of way while going to a fire through any street, lane, or alley in the city subject to such rules and regulations as the city council may prescribe; and wilfully or maliciously obstructing or retarding their passage is punishable by imprisonment or fine. St. 1873, c. 374, § 1. For special statutes relative to the sale of fireworks in Boston, see St. 1853, c. 154; St. 1878, c. 45. For statute provisions relative to "fire inquest," see P. S. c. 216. For statute provisions relative to "fire-escapes" from buildings, see P. S. c. 104, §§ 15 et seq.; St. 1882, c. 266; St. 1883, c. 251; St. 1885, c. 374, §§ 105, 106. For statute incorporating the "Boston Protective Department," see St. 1874, c. 61. The officers of the fire department are not to be deemed the agents of the city, but public officers, and the city is not liable for injuries caused by their negligence in the performance of their duties. Fisher v. Boston, 104 Mass. 87, 93, 94. Tainter v. Worcester, 123 Mass. 311, 316. But the city is liable for the injury caused by its negligence in the removal of a fire-alarm telegraph wire for purpose not connected with the department. Neuert v. Boston, 120 Mass. 388. The city is not liable for the demolition of buildings by officers of the fire department to stay the spread of fire unless it is done by the order of three or more engineers expressly specifying the building in question. Bowditch v. Boston, 101 U.S. (11 Otto) 16; P. S. c. 35, § 3, 5. See also Taylor v. Plymouth, 8 Met. 462; Coffin v. Nantucket, 5 Cush. 269; Ruggles v. Nantucket, 11 Cush. 433; Parsons v. Pettingill, 11 All. 507. SECT. 3. A regulation imposing the forfeiture of a month's pay of one hundred dollars as a penalty for violation of the rules of the department is void. Tyng v. Boston, 133 Mass. 372. SECT. 6. This section is specially authorized by St. 1850, c. 262, § 3. SECT. 7. See similar provision in P. S. c. 206, § 13. CHAPTER 23. OF THE BOARD OF HEALTH. 8. 9. 10. Burial of the Dead. 7. Board to superintend burial of dead. 12. Burials to be by daylight. 17. Fees of undertakers. 18. Board may make additional regu- Vaults and Drains. 19. Dwelling-houses to be furnished 20. Construction of vaults. 21. Waste water, etc., how to be carried 22. Proceedings when dwelling-house etc. 23. Offensive vaults or obstructed drains 24. Cesspools, vaults, etc., not to be SECTION 1. There shall be a board of health, to consist of three members, one of whom shall be appointed annually by the mayor, subject to confirmation by the board of aldermen, to hold office for the term of three years from the first Monday in May in the year of his appointment. The clerk of the board shall not be a member thereof. SECT. 2. The said board may make such rules and regulations for their own government, and for the government of all subordinate officers in their department, as they deem expedient. The said board shall have and exercise all the powers and duties of the city council or of the board of aldermen relative to the public health, the establishment and maintenance of bath-houses, and the quarantine of vessels; and they may make such regulations for the promotion of the public health as they deem necessary, and as are not inconsistent with the ordinances of the city. SECT. 3. The said board shall be allowed for the discharge Subordinates of their duties the following subordinates: One city physician, One assistant city physician, One port physician, One assistant port physician, Five assistant clerks, Fifteen inspectors, who shall perform such official duties as said board may require. In addition, the following-named subordinates shall perform the following specific duties : and duties. R. O. p. 50. duties. The city physician shall keep such records and make such City physician, reports as the board of health may from time to time direct. R. O. pp. 51, 52 He shall examine all causes of disease within the city; shall, when requested by the mayor or by said board, inquire into all sources of danger to the public health; and shall at all times, when required, give his professional services and advice in all matters relating to the public health. He shall attend upon all cases of disease, and all other cases requiring his professional services, in the jail, the city prison under the court-house and the city temporary home. He shall, when requested by the board of police, examine all candidates for appointment on the police force; examine the condition of all members of the police force who are absent from duty on account of disability; examine the condition of persons who have sustained injuries by reason of accidents for which the city may be liable; and report to the city registrar, when requested by him, the causes of death of all persons who die with no physician in attend ance. He shall without charge vaccinate and revaccinate all inhabitants of the city who desire such vaccination, and shall give certificates of vaccination to children who have been vaccinated and require certificates thereof for admission to the public schools; but no person shall be entitled to the benefits of this section who wilfully neglects or refuses to return to the office of the city physician, when thereto requested by him, for the purpose of enabling him to ascertain the effect of the vaccination, or to renew the necessary supply of virus for the use of his office. He shall always have on hand, as far as is practicable, a sufficient quantity of vaccine virus, and shall supply such Port physician and assistant, duties. virus, without charge, to the physicians of the city institutions and of the Boston Dispensary. He shall, when notified of the existence thereof, examine into any nuisances, sources of filth, or causes of sickness, which may be on board a vessel at a wharf within the harbor, or which may have been landed from a vessel, and he shall, under the direction of the board of health, cause all such nuisances, sources of filth, and causes of sickness to be removed or destroyed. The port physician and assistant shall reside at Deer Island, and shall perform all services in regard to quarantine R. O. pp. 52, 53. which may be required of them by the mayor or by the board Board to control hospitals for infectious dis eases, etc. R. O. p. 50. Annual report. of health. The port physician shall be either physician or assistant physician of all the city establishments upon said island, as the board of directors for public institutions may elect; and he shall not go away from the island when the resident physician at the house of industry is absent. SECT. 4. The said board shall also have charge of all hospitals established by the city council, within the city or on the islands in the harbor, for the admission of persons having the small-pox or any other infectious disease, and they shall make such rules and regulations for the government and management of the patients in such hospitals as they deem proper. They shall also carefully guard against the introduction of cases of infectious disease into any building under their charge other than the hospitals established therefor. SECT. 5. The annual report of the board shall contain a R. O. pp. 50, 51. full and comprehensive statement of their acts during the preceding year, and a review of the sanitary condition of the city; and they shall at the same time transmit to the city council, reports covering the same period, from the city physician and the port physician. Quarantine grounds defined. R. O. p. 51. Board to super- to have charge of burial grounds. R. O. p. 53. Quarantine. SECT. 6. The quarantine grounds of the city shall consist of that portion of the harbor known as the "President Roads," and which lies between Long, Deer, and Spectacle Islands. The Burial of the Dead. SECT. 7. The burial of the dead shall be under the superintendence of the board of health, who shall, except as otherwise provided, carry into execution all statutes, ordinances, regulations, and orders relating thereto. SECT. 8. The said board shall have the care and custody of all the burying-grounds belonging to the city, excepting the Mount Hope and Cedar Grove Cemeteries; shall keep the same in good repair and secure from trespassers; and shall prevent any and all nuisances therein. rights of burial, etc. SECT. 9. The said board may sell and convey sole and Board may sell exclusive rights of burial and of erecting tombs, cenotaphs, and other monuments in any lot or lots which the city may R. O. p. 53. own in any burying-ground which may be in charge of said board. grave etc. SECT. 10. No shall be open or dug in any of the to control dig. ging of graves, burying-grounds of the city, unless by permission of said board, who may point out the place, depth, width, and range R. O. p. 53. of all graves in the several burying-grounds, and shall forbid graves to be dug within any limits in said grounds within which it would in their judgment be dangerous to the public health to allow graves. R. O. p. 53. SECT. 11. No person shall bury a dead body, or cause Depth of graves. one to be buried, in a grave which is less than three feet deep from the surface of the ground surrounding the grave to the top of the coffin. daylight. SECT. 12. No person shall, except by the permission Burials to be by of the board of health, bury a dead body, or cause one R. O. p. 53. to be buried, at any other time than between sunrise and sunset. tolled. SECT. 13. No bell shall be tolled at a funeral, unless a Bells not to be special permit therefor is obtained from the mayor or from the board of health. R. O. p. 53. R. O. p. 53. SECT. 14. The dead body of every person of ten years Conveyance of of age and upward shall be conveyed to the grave or tomb bodies to graves. in a funeral car, drawn by not more than two horses, unless permission for a different mode of conveyance is given by the board of health. bodies from SECT. 15. No person shall, without a license from the Removal of board of health, remove a dead body or its remains from tombs, etc. a grave or tomb in the city, or disturb in a tomb or grave R. O. p. 53. such body or its remains. to be opened except, etc. SECT. 16. No grave or tomb shall, without the special Graves, etc., not permission of the board of health, be opened between the first day of June and the first day of October, except for the R. O. p. 54. purpose of interring the dead. SECT. 17. For services rendered in relation to the burial Fees of underof the dead, undertakers shall be entitled to receive the takers. following fees, and no more, namely: For digging a grave eight feet deep and covering the same, three dollars and fifty cents; for digging a grave six feet and six inches deep, two dollars; for digging a grave five feet deep, one dollar and seventy-five cents; for digging a grave four feet deep, one dollar and fifty cents; for digging a grave three feet six and inches deep, one dollar and twenty-five cents; but when the ground is frozen, the charges for digging graves may be augmented at the discretion of the board of health. For opening and closing a tomb, one dollar and fifty cents. For placing a body in a coffin, when requested, and removing the same downstairs, one dollar and fifty cents; for R. O. p. 54. |