: FORWARDING DEAD BODIES FOR DISSECTION. be used and embalmed. relatives. 33 108. (2111.) SEC. 2. The bodies so delivered, or shipped as How bodies to aforesaid, shall be used for the advancement of anatomical sci- distributed. ence in this State and in the following institutions of learning only, viz. The university of Michigan, Detroit medical college, and Michigan college of medicine. And said bodies shall be distributed to and among the same equitably, and in the order in which they are received, and the number assigned to each by said demonstrator of anatomy shall be proportional to that of its students in actual attendance. And each of said institutions shall pay quarterly to said demonstrator its ratable proportion of the expenses borne and incurred under this act: Provided, however, That said demonstrator of anatomy, upon Bodies to be the receipt of every body, under and by virtue of the provisions of this act, shall cause the same to be embalmed or put in a state of preservation, and shall not permit the same to be delivered to either of said institutions for the purpose of dissection, until the same shall have been in his possession at least ten days. And it Notice to shall be the duty of said demonstrator of anatomy, upon the receipt of every body, to immediately notify the relatives of such deceased person, if known, of the receipt of such body, either by mail or telegraph, as he may deem best, and that said body will be preserved intact, for the space of ten days, in which time such relative will be entitled to said body for the purpose of private interment, upon payment of the expenses already incurred. And if the relatives or legal representatives of such deceased When to be person shall request said body for the purpose of interment, and relatives. shall pay said expenses, said demonstrator shall deliver to such relative or legal representative, the said body, together with the said coffin and box enclosing the same. But in case said body shall not be requested by such relatives until after the same shall have been applied to the purposes intended, the remains thereof, together with the coffin and box aforesaid, shall be delivered without charge: Provided, That the university of Michigan, Proviso. Detroit medical college, and Michigan college of medicine aforesaid, and each and every other medical institution shall not receive into their possession any bodies procured in this State other than those provided for by the provisions of this act, and every individual or party violating this provision shall be deemed guilty of a misdemeanor.-As amended by Act 16 of 1881.— § 2285. Footnote continued from page 32: STATE OF MICHIGAN, } To the Hon. Board of Regents of the University of Michigan, Ann Arbor, Mich. delivered to B. W. HUSTON, Bodies must not be sold to be taken out of State, etc. Penalty for violating provisions of act. Permission to possess. 109. (2112.) SEC. 3. No such dead body shall be sold or delivered to any person to be taken out of the State, nor shall any such dead body be shipped to any person or place out of the State, or be used within the State for any purpose except for the prosecution of anatomical science. Any person violating any of the provisions of this act shall be punished by a fine of not less than fifty, or more than one hundred dollars, or by imprisonment in the county jail not less than one or more than three months, or by both such fine and imprisonment, at the discretion of the court.-As amended by Act 138 of 1875.—§ 2286. 110. (2113.) SEC. 4. Any practicing physician or surgeon of this State, or any medical student under the authority of such physician or surgeon, may have in his possession human dead bodies, or the parts thereof, lawfully obtained, for the purposes of anatomical inquiry or dissection.-§ 2287. DUTIES OF LOCAL BOARDS OF HEALTH CONCERNING DISEASES OF ANIMALS. The duties of all local boards of health to immediately investigate reported contagious or infectious diseases in domestic animals, and to establish temporary quarantine are specified in Section 214, Chapter V., of this compilation. III.-CITIES AND VILLAGES: SANITARY PROVISIONS INCORPORATION.* Powers and authority, and exercise thereof. To abate nuisances. CITIES. From Act No. 178, Laws of 1873, entitled "An act for the incorporation of cities." 111. SECTION 1. Every city incorporated under the provisions of this act, shall, in addition to such other powers as are herein conferred, have the general powers and authority in this chapter mentioned; and the council may pass such ordinances in relation thereto, and for the exercise of the same, as they may deem proper, viz.: * * * * * * * * Third, To prevent injury or annoyance from anything dangerous, offensive, or unhealthy; to prohibit and remove anything tending to cause or promote disease; to prevent and abate nuisances, and to punish those occasioning them, or neglecting or * On incorporation of cities and villages under general laws, see Shumway v. Bennett, 29 Mich., 451. See note on city and village corporations, pages 48-49. + To make these powers effectual, appropriate ordinances providing for and regulating their exercise must be enacted.-Jackson v. People, 9 Mich., 111, 121. Where a general power to legislate over a subject is given to a subordinate political corporation, its legislation must conform as far as practicable to the legislation of the State upon the same subject matter. No new and extraordinary remedies unknown to the legislation of the State, or to the common law, can be provided for the suppression of an evil unless the authority to provide such remedies is expressly given, and all ordinances and by-laws must be reasonable.-Welch v. Stowell, 2 Doug., 332. See Slaughter v. People, 2 Doug., 334, note. And where the statute specifically enumerates various powers which the council may render effectual by means of penal prosecutions, the enumeration is an implied exclusion of the right to impose penalties in other cases.-Grand Rapids v. Hughes, 15 Mich., 54. A municipal corporation can exercise only those powers granted to it expressly or by necessary implication.Detroit v. Blackeby, 21 Mich., 84, 115. SANITARY PROVISIONS IN LAWS FOR CERTAIN CITIES. refusing to abate, discontinue, or remove the same; and generally to determine and declare what shall be deemed nuisances.* 35 ale-houses, etc. Seventh, To regulate, prohibit, and suppress ale, beer, and To regulate porter houses, and all places of resort for tippling and intemperance, and to punish the keepers thereof, and all persons assisting in carrying on the business thereof; and to require all such places to be closed on the Sabbath day, and upon such other days and during such hours of every night as the council shall prescribet; Eighth, To prohibit and prevent the selling or giving of any To prevent spirituous, fermented, or intoxicating liquors to any drunkard liquors to or intemperate person, minor, or apprentice, and to punish any minors, etc. person so doing; * * * * * sale, etc., of certain Eighteenth, To provide for and regulate the inspection of Inspection of meats, poultry, fish, butter, cheese, lard, vegetables, flour, meat, provisions. and other provisions; * etc. Twenty-second, To regulate the construction, repair, and use Vaults, cisterns, of vaults, cisterns, areas, hydrants, pumps, sewers, and gutters; purity of Twenty-fifth, To provide for clearing the rivers, ponds, and To preserve streams of the city, and the races connected therewith, of all streams, etc. drift-wood and noxious matter; to prohibit and prevent the depositing therein of any filth or other matter tending to render the waters thereof impure, unwholesome, and offensive; certain shops Twenty-sixth, To compel the owner or occupant of any gro- Relative to cery, tallow-chandler shop, soap or candle factory, butcher shop and offensive or stall, slaughter-house, stable, barn, privy, sewer, or other places. offensive, nauseous, or unwholesome place or house, to cleanse, remove, or abate the same whenever the council shall deem it necessary for the health, comfort, or convenience of the inhabitants of said city; selling of gun Twenty-seventh, To regulate the keeping, selling, and using Keeping and of gunpowder, fire-crackers and fire-works, and other combus- powder, etc. tible materials, and the exhibition of fire-works, and the dis * Obstructions in streets are not necessarily nuisances. Whether they are so or not is a question of fact.-People v. Carpenter, 1 Mich., 273, 289, 290. To make an obstruction in a street an indictable offense, it must injuriously affect some public right, some right or use in which the public at large have a common interest as distinguished from a mere individual or private right. If it affects the rights of an individual or of the adjacent owners only, they have their remedy by private action and not by indictment.-People v. Jackson, 7 Mich., 432; Messersmidt v. People, 46 Mich., 437. As to nuisances, declaring what shall be deemed such, their abatement and punishment, see Welch v. Stowell, 2 Doug., 332. Declaring a thing to be a nuisance does not make it so, if it is not a nuisance in fact.-Horn v. People, 26 Mich., 221, 226; St. Johns v. McFarlan, 33 Mich., 72. Whatever is permitted by competent authority cannot be treated as a nuisance.-G. R. & I. R. R. Co. v. Heisel, 38 Mich., 62; Hawkins v. Sanders, 45 Mich., 491. In abating nuisances property is not to be destroyed, until its destruction is lawfully ascertained to be necessary in order to stop the nuisance.-Shepard v. People, 40 Mich., 487. See also footnotes to § 1643, Howell's Statutes; Sec. 28 of this compilation. In the exercise of its police power, the State has full power to prohibit under penalties, the exercise of any trade or employment which is found to be hazardous or injurious to its citizens and destructive of the best interests of society; and that without providing compensation to those upon whom the prohibition operates.— People v. Hawley, 3 Mich., 342. To regulate drains, cellars, etc. Relative to census. Crossing of streets by railroads. Regulations with regard to railroads and running of trains. Idem. charge of fire-arms, and to restrain the making or lighting of fires in the streets and other open spaces in the city *; Twenty-eighth, To direct and regulate the construction of cellars, slips, barns, private drains, sinks, and privies; to compel the owner or occupant to fill up, drain, cleanse, alter, relay, or repair the same, or to cause the same to be done by some proper officer of the corporation, and to assess the expenses thereof on the lot or premises having such cellar, slip, barn, private drain, sink, or privy thereon. * * * * * * * Thirty-third, To provide for taking a census of the inhabitants of the city, whenever the council shall see fit; and to direct and regulate the same. -§ 2555. 112. SEC. 5. The council of any city shall have authority to permit any railroad company to lay its track, and operate its road with steam locomotives, in or across the public streets, highways, or alleys of the city, as the council may deem expedient, upon such terms and conditions, and subject to such regulations, to be observed by the company, as the council may prescribe; and to prohibit the laying of such track, or the operating of any such road, except upon such terms and conditions.-§ 2559. 113. SEC. 6. The council shall have power to provide for and change the location and grade of street crossings of any railroad track; and to compel any railroad company to raise or lower their railroad track, to conform to street grades which may be established by the city from time to time; and to construct street crossings in such manner, and with such protection to persons crossing thereat, as the council may require; and to keep them in repair; also, to require and compel railroad companies to keep flagmen or watchmen at all railroad crossings of streets, and to give warning of the approach and passage of trains thereat, and to light such crossings during the night; to regulate and prescribe the speed of all locomotive and railroad trains within the city; but such speed shall not be required to be less than four miles per hour; and to impose a fine of not less than five nor more than fifty dollars, upon the company, and upon any engineer or conductor, violating any ordinance regulating the speed of trains.-§ 2560. 114. SEC. 7. The council shall have power to require and compel any railroad company, and any street railway company, to make, keep open and in repair, such ditches, drains, sewers, and culverts along and under, or across their railroad tracks, as may be necessary to drain their grounds and right of way properly, and in such manner as the council shall direct; and so that the natural drainage of adjacent property shall not be impeded. If any such railroad company shall neglect to perform any such requirement, according to the directions of the council, the council may cause the work to be done at the expense of such company, and the amount of such expense may be collected at * See also section 8, chapter XXIX. of this act, section 157 of this compilation. SANITARY PROVISIONS IN LAWS FOR CERTAIN CITIES. the suit of the city against the company, in a civil action, before any court having jurisdiction of the cause.-§ 2561. CHAPTER XIV.-PUBLIC HEALTH.-Page 305 of Laws of 1873. protection of. 37 115. SECTION 1. The council of any city may enact all such Provisions for ordinances as may be deemed necessary for the preservation and protection of the health of the inhabitants thereof, and to prevent the introduction of malignant, infectious, or contagious diseases within the city, or within one mile thereof; and for the removal of persons having such diseases, or who, from exposure thereto or otherwise may be suspected or believed to be liable to communicate the same, either beyond the city limits or to such hospital or place of treatment within the city as the council may prescribe, or the public safety may require.*-§ 2572. 116. SEC. 2. The council shall have power to prevent and Abatement of remove or abate all nuisances dangerous to life or health within dangerous to the city; and may require any person, corporation, or company causing such nuisance, and the owner or occupant of any lot or premises upon or in which any such nuisance or cause of disease may be found, to remove or abate the same, upon such notice, and within such time, and in such manner as the council may by ordinance or resolution direct. +-§ 2573. nuisances health. draining of places. 117. SEC. 3. If any cellar, vault, lot, sewer, drain, place, or Cleaning or premises within the city shall be damp, unwholesome, offensive, unwholesome or filthy, or be covered during any portion of the year with stagnant or impure water, or shall be in such condition as to produce unwholesome or offensive exhalations, the council may cause the same to be drained, filled up, cleaned, amended, or purified; or may require the owner, or occupant, or person in charge of such lot, premises, or place, to perform such duty; and may require the owner or occupant of any building, fence or Removal of structure which may be ruinous, or liable to fall and injure per- structures. sons or property, to pull down or remove the same; or the council may cause the same to be done by the proper officers of the city. § 2574. dangerous expenses of by city in cases 118. SEC. 4. If any person, corporation, or company shall Collection of neglect to remove or abate any nuisance, or to perform any re- removals, etc., quirement made by or in accordance with any ordinance or reso- of neglect. lution of the council, or by the board of health of the city, for the protection of the health of the inhabitants, and if any expense shall be incurred by the city in removing or abating such nuisance, or in causing such duty or requirement to be performed, such expense may be recovered by the city in an action of debt or assumpsit against such person, corporation, or company. And in all cases where the city shall incur any expense for draining, filling, cleansing or purifying any lot, place, or premises, or for removing any unsafe building or structure, or for removing or abating any nuisance found upon any such *See Sec. 6 of this chapter; also, on hospitals, and removal of infected persons, S$ 1667-1674, 1647 and 1648, Howell's Statutes; Secs. 43, 51-57, and 59 and 60 of this compilation. † On abatement of nuisances see Secs. 22-35 of this compilation, and notes, pp. 8-11. |