STATE BOARD OF HEALTH. hereby appropriated. Said expenses shall be certified and paid in the same manner as the salary of the secretary.-§ 1628. LOCAL BOARDS TO REPORT TO STATE BOARD. 8. SEC. 8. It shall be the duty of the health physician, and also of the clerk of the local board of health in each township, city, and village in this State, at least once in each year, to report to the State board of health their proceedings, and such other facts required, on blanks, and in accordance with instructions received from said State board. They shall also make special reports whenever required to do so by the State board of health.-§ 1629. STATE OFFICERS AND OTHERS TO FURNISH INFORMATION. officers, phy. furnish infor 9. SEC. 9. In order to afford to this board better advantages Duty of State for obtaining knowledge important to be incorporated with that sicians, etc., to collected through special investigations and from other sources, mation. it shall be the duty of all officers of the State, the physicians of all mining or other incorporated companies, and the president or agent of any company chartered, organized, or transacting business under the laws of this State, so far as is practicable, to furnish to the State board of health any information bearing upon public health which may be requested by said board for the purpose of enabling it better to perform its duties of collecting and distributing useful knowledge on this subject.-§ 1630. of secretary. 10. SEC. 10. The secretary of the State board of health may Annual report publish in his annual report such information, or statistics, as is provided for in this act.-§ 1631.-As amended by Act 107 of 1883. board. 11. SEC. 11. The secretary of State shall provide a suitable Room for use of room for the meetings of the board at Lansing, and office room for its secretary.-§ 1632. APPROPRIATION,-STATE BOARD TO COLLECT AND DISSEMINATE INFOR- Act No. 241, Laws of 1881, entitled, "An act making an appropriation to enable the State board of health better to collect and disseminate information useful for the promotion of the public health." 12. SECTION 1. The People of the State of Michigan enact, Appropriation That the sum of two thousand dollars per annum, in addition to of health. the sum appropriated by act number eighty-one of public acts of session laws of eighteen hundred and seventy-three, is hereby appropriated out of the general fund, to enable the State board of health to purchase meteorological and other instruments, make special investigations, pay official expenses of members, and other expenses in attending and holding sanitary conventions in different parts of the State, and cause to be made and distributed documents in pamphlet form, and reprints of such articles in its annual report as the board may deem it for the Auditor general to raise tax. best interests of the public health to distribute about the State. Said expenses shall be audited and paid in accordance with sections six and seven of act number eighty-one of public acts of session laws of eighteen hundred and seventy-three. 13. SEC. 2. The auditor general shall add to and incorporate with the taxes for each year the amount above appropriated, which, when collected, shall be passed to the credit of the proper fund. Plans for buildings, to whom submitted. If Governor may draw STATE WEATHER SERVICE. Act No. 2, Laws of 1887, is entitled: "An act making an appropriation for the equipment, support and expenses of a State weather service," and Act No. 48, Laws of 1889, is entitled: "An act making an appropriation for the support and expenses of a State weather service." NOTE.-The "weather service" provided for in the above-mentioned acts, is for the benefit of agriculture and commerce, etc., the moneys are expended under the direction of the State Board of Agriculture, and the monthly summary of meteorological observations is published by the Secretary of State. While this weather service does not have any very apparent close relation to the work of the State Board of Health, much of its work is of such a nature that it is hoped that the State Board of Health may be able in time to utilize it in the interest of public health, as the board has for many years made use of reports by its own corps of meteorological observers, for whose compensation no provision has yet been made by the legislature. EXAMINATION OF PLANS FOR BUILDINGS FOR CHARITABLE, PENAL, OR * From Act No. 206, Laws of 1881, entitled, "An act to provide for the uniform regula- 14. SEC. 7. That before the board of any charitable, penal or * * * CONTINGENT APPROPRIATION.-PREVENTION OF THE INTRODUCTION AND Act No. 320, Laws of 1885, entitled, "An act to provide for the prevention of the introduction and spread of cholera and other dangerous communicable diseases." 15. SECTION 1. The People of the State of Michigan enact, deem necessary That whenever in the opinion of the governor it may be deemed necessary, he may draw from the general fund, on the warrant of the auditor general, not to exceed the sum of ten thousand dollars ($10,000), to be used by the State board of health, to prevent the introduction or spread, in this State, of cholera or other communicable diseases dangerous to public health. To be used by board of health to prevent cholera, etc. CONTINGENT APPROPRIATION.-LOCAL BOARDS OF HEALTH. established. 16. SEC. 2. At such ports or places, or on such lines of travel System of inas there may be danger of the introduction into this State of spection to be cholera or other dangerous communicable diseases, the State board of health shall have power to establish such systems of inspection as may be practicable and needful to ascertain the presence of the infection of cholera or other dangerous communicable diseases in the persons of immigrants or travelers, in wearing apparel, baggage, or freight; to question on oath, without cost to the State or person so questioned, which oath a duly appointed inspector of the State board of health is hereby authorized to administer to the immigrant, traveler, or other person, as to the place from which the suspected person, baggage, or freight came, the time elapsed since his or its exposure to cholera or other dangerous disease, and on other subjects on which information is needed; and the State board of health shall have power to order such disinfection of baggage or other articles which are infected or liable to be infected, and to cause such isolation of persons or things infected or liable to be infected, as may be necessary for the public safety, by placing it or them in the care of the local board of health, or by other practical methods, to the end that the object of this act, expressed in its title, shall be fulfilled. rules. 5 17. SEC. 3. It shall be the duty of the State board of health To establish to frame and publish rules for the conduct of inspection under this act. Whoever shall willfully violate the rules of the State Penalty for vioboard of health made in pursuance of this act, shall on conviction be deemed guilty and punished as in cases of misdemeanor. PUBLIC SCHOOL TEXT-BOOKS ON PHYSIOLOGY AND HYGIENE. Act No. 164, Laws of 1881, required that text books for use in public schools giving instruction in physiology and hygiene should receive the approval of the State board of health. Act No. 165, Laws of 1887, leaves out and thus repeals the requirement for examination of such books by the State board of health. II.-LOCAL BOARDS OF HEALTH. lation of rules. ORGANIZATION, POWERS, AND DUTIES.-NUISANCES, AND CAUSES OF SICKNESS, OFFENSIVE TRADES, COMMUNICABLE DISEASES, QUARANTINE, PUBLIC BUILDINGS, CEMETERIES. Chapter 35, Revised Statutes of 1846, chapter 46, Compiled Laws of 1871, Howell's Statutes, entitled, "The preservation of public health; quarantine, nuisances, and offensive trades,"-when not otherwise stated. ORGANIZATION OF TOWNSHIP BOARDS OF HEALTH. 18. (1692.) SECTION 1. In every township the township Board of health. board* shall be the board of health. The supervisor shall be the president, and the township clerk shall be the clerk of said board. The clerk shall keep a record of the proceedings of the *18. The organization of the township board is stated in sections 706 and 707 (sections 70 and 71 of chapter 12), Compiled Laws of 1871, as follows: board in a book to be provided for that purpose at the expense of the township.-As amended by Act 56 of 1877.-§ 1633. * 18. Footnote continued: Who shall constitute township board. When quorum not present, one of remaining justices to act. Annual meeting of township ing accounts, etc. TOWNSHIP BOARD. 18 a. (706) SEC. 70. The supervisor, the two justices of the peace whose term of office will soonest expire, and township clerk shall constitute the township board, any three of whom shall constitute a quorum for the transaction of business-§ 744. 18 b. (707) SEC. 71. When, from any cause, there shall not be three of the officers constituting such board competent or able to act, one of the remaining justices, on being notified by any member of said board, shall meet with any members of the board, and shall have the same authority as the other members of the board.-§ 745. NOTE ON SECTIONS (706) AND (707), COMPILED LAWS OF 1871,-§ 744 AND § 745, 66 When either of the members of the township board, as constituted under Sec. 706, Comp. Laws of 1871, is interested in the subject for consideration, he is not competent or able to act" in the sense of Sec. 707; and such incompetency will justify the calling in of one of the remaining justices. Every special tribunal appointed by law is subject to the maxim, that no person can sit as a judge in any cause in which he is a party, or in which he is interested. Should the interested member act with the board upon any matter in which he is interested, the action of the board upon that subject would be illegal. Stockwell v. Township Board of White Lake, 22 Mich., 341. But this principle does not apply to the performance of official acts, pertaining to the public interest, in which he has no interest different from that of any other citizen. Clement v. Everest, 29 Mich., 19. Section 708, Comp. Laws of 1871, provides for an annual meeting of the township board, as follows. 18 c. (708.) SEC. 72. The township board shall meet annually board for audit- on the Tuesday next preceding the annual township meeting to be held in such township, for the purpose of auditing and settling all claims against the township; and they shall state on 16 Mich. 228-237. each account the amount allowed by them; and the amounts allowed by them shall be paid by the treasurer on the order of the board, signed by their clerk and countersigned by the chairman of the board.-§ 746. The notes to Secs. (706), (707), and (708) are applicable both to the board of health and to the township board. NOTES ON SEC. (708), C. L. OF 1871,-8 746, HOWELL'S STATUTES. See Marathon v. Oregon, 8 Mich., 372, 380. The powers of the board are special and limited, they can allow such claims only as are authorized by law. Where claims not so authorized have been allowed, payment of them should be withheld. Miller v. Grandy, 13 Mich., 540; People v. Blackman, 14 Mich., 336. A township board acts judicially in the allowance of claims, and is protected from liability for its decisions in all cases where it has jurisdiction to pass upon claims presented for allowance. Generally the presentation of a demand, purporting to be a claim against the township, is sufficient to confer jurisdiction on the board to hear and determine it. If their authority to audit any claim is derived from some special law, or from some particular authority, the presentation of a demand under such act or authority, gives jurisdiction to determine whether the claim comes within the act or authority, and to allow or adjust it according to their judgment. The presence of the claimant before the board is not necessary to the allowance of his account. Nor is it necessary that the account should be sworn to, or be proved by evidence under oath. The board may act upon their own knowledge of the demand. If they are satisfied of its correctness, it is sufficient. Wall v. Trumbull, 16 Mich., 228. But the claim must be in writing; it cannot be presented by parol. Same, p. 253. Payment of demands audited and allowed may be compelled by mandamus. Marathon v. Oregon, 8 Mich., 372, and cases cited at p. 379 of Howell. And this is the proper remedy for enforcing the payment of fixed and liquidated claims against a township, and not by suit upon the demand. Same case; also People v. LaGrange, 2 Mich., 187; People v. Auditors of Wayne Co., 5 Mich., 223; People v. Porter and Calvin, 18 Mich., 101; Dayton v. Rounds and Warren, 27 Mich., 82; McArthur v. Duncan, 34 Mich., 27. After great and unreasonable delay in collecting township orders, they will not be enforced. People v. Lincoln, 41 Mich., 415. CITY AND VILLAGE BOARDS OF HEALTH.-HEALTH OFFICER. ORGANIZATION, POWERS, AND DUTIES OF CITY AND VILLAGE BOARDS OF HEALTH-DUTIES OF INHABITANTS. in cities and 19. (1740.) SEC. 49. The mayor and aldermen of each incor- Board of health porated city, and the president and council, or trustees, of each villages, who incorported village in this State, in which no board of health is to constitute. organized under its charter, 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. The provisions of this chapter, and the amendments thereto, shall, as far as applicable, apply to all cities and villages in this State, and all duties which are, by the provisions of this chapter, to be per- Duties of formed by the board of health of townships, or by the officers habitants of and inhabitants thereof, shall in like manner be performed by the board of health and the officers and inhabitants of such cities and villages, with a like penalty for the non-performance of such duties, excepting in cases where the charters of such cities and villages contain provisions inconsistent herewith.As amended by Act 145 of 1879.-§ 1681. EVERY BOARD OF HEALTH MUST APPOINT A HEALTH OFFICER. officers and in-. cities and villages. 20. (1693.) SEC. 2. Every board of health shall appoint and Health officer. constantly have a health officer who shall be a well-educated physician and act as the sanitary adviser, and an executive officer of the board: Provided, That in townships where it is not practicable to secure the services of a well-educated and suitable physician, the board may appoint the supervisor or some other per- Board may son as such health officer. The board of health shall establish visor, etc. his salary or other compensation,† and shall regulate and audit Salary. all fees and charges of persons employed by them in the execution of the health laws, and of their own regulations. Within Annual thirty days after the annual township meeting in each year, the board of health shall meet for the transaction of business, and Costs awarded against a township, or township officers, or the township board, in suits or proceedings prosecuted by or against them in their name of office, are a township charge, and are to be collected the same as other township charges, and not by execution. Stockwell v. White Lake, 22 Mich., 341. See People v. Auditors of Wayne Co., 5 Mich., 223; Dayton v. Rounds, 27 Mich., 82; McArthur v. Duncan, 34 Mich., 27. But costs incurred by a township officer in proceedings instituted on his own behalf, and without any direction from the township board, to establish his right to office are not a charge against the township. Scott v. Bingham, 32 Mich., 492. The electors cannot, by vote, at township meetings, audit private claims against the townships; nor can the legislature audit such claims. People v. Onondaga, 16 Mich., 254. Nor have boards of supervisors the power to establish claims in favor of their counties, against the townships. Turck v. Wright, 19 Mich., 351. Chapter 35 of Revised Statutes of 1846, or Chapter 46 (being consecutive sections 1692-1740) of Comp. Laws of 1871. The general laws for incorporation of cities and villages also impose board of health powers and duties on common councils of cities and the boards of trustees of villages organized under these laws. They also provide for the organization of a separate board of health by the council or trustees of such cities or villages. See, for cities, Chap. XIV. (especially Secs. 7 and 8), Act 178, of 1873, (Secs. 121 and 122 of this compilation); for villages, Secs. 48-55 (especially 54 and 55), Chap. VII., Act 62 of 1875, as amended by Act 245 of 1879 (Secs. 181 and 185 of this compilation). The special charters granted by the legislature either impose board of health powers and duties on the council or board of trustees, or provide for a separate board of health. Certain board of health powers, and duties of villages, organized by boards of supervisors under Act 168 of 1857, and its amendments, are stated in §§ 2999, 3005, 3008, 3009, and 3019 of Howell's Annotated Statutes. But the health officer cannot always collect his salary as it is established by the board of health. See Coleman v. City of Cadillac, 49 Mich., 322. appoint super meeting. |