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and if of a contagious, infectious or communicable nature, the point towhich the body is to be shipped; and when death is caused by any of the diseases specified in rule No. 48, the names of those authorized by the health authorities to accompany the body. The transit permit must be made in duplicate, and the signatures of the physician or coroner, health officer and undertaker must be on both the original and duplicate copies. The undertaker's certificate and paster of the original, shall be detached from the transit permit and pasted on the coffin box. The physician's certificate and transit permit shall be handed to the passenger in charge of the corpse. The whole duplicate copy shall be sent to the official in charge of the baggage department of the initial line, and by him to the secretary of State or Provincial Board of Health of the State or province from which said shipment was made.
Rule 53. When dead bodies are shipped by express the whole original transit permit shall be pasted upon the outside box and the duplicate forwarded by express agent to the secretary of the State or Provincial Board of Health of the State or province from which said shipment was made.
Rule 54. Every disinterred body, dead from any disease or cause, shall be treated as infectious or dangerous to the public health, and shall not be accepted for transportation unless said removal has been approved by the State or provincial health authorities having jurisdiction where such body is disinterred, and the consent of the health authorities of the locality to which the corpse is consigned has first been obtained; and all such disinterred remains shall be inclosed in a hermetically sealed (soldered) zinc, tin or copper-lined coffin or box. Bodies deposited in receiving vaults shall be treated and considered the same as buried bodies.
FORMS FOR CERTIFICATES AND NOTICES.
This certificate must be presented to the local board of health for approval.
PHYSICIAN'S OR CORONER'S CERTIFICATE.
Name of deceased (if minor, give parents' name also).
Date of death at M.
Age years months daya
Place of death
Cause of death
I hereby certify that the above is true to the best of my knowledgeand belief.
M. D., or Coroner. Residence 'County of State of PERMIT OF LOCAL BOARD OF HEALTH.
This permit must tie properly signed, and with physician's certificate presented to the railroad or express agent before a body can be shipped.
In the (city or township) of county of
State of on the day of 189..
Permission is hereby given to remove for burial at
in the county of State of the body of
, who died at
county of on the
day of .18.., aged years months days. The caus«
of death being , which is a (contagious or noncontagious) disease.
Rule 47. The transportation of bodies dead of smallpox, Asiatic cholera, yellow fever, typhus fever or Bubonic plague, is absolutely forbidden.
Signed M. D.
(If city or town affix corporate seal.)
Local Board of Health. This permit and preceding certificate must be detached and delivered to the person in charge of the corpse.
CERTIFICATE OF UNDERTAKER.
I (or we) hereby certify that the accompanying dead body of
(if a minor, give parents' name also),
consigned to address State of
has been prepared by me (or us) strictly in accordance with the rules of the State Board of Health for transportation by railway, and in conformity with said rules, as printed on the back of this permit.
NOTICE OF A NUISANCE.
To the Board of Health of:
Gentlemen: Your attention is respectfully called to the existence
of a nuisance on the premises of
at in county, arising from
The address of (the owner, agent or occupant)
P. 0. Address Ky.
NOTICE TO ABATE A NUISANCE.
Office of the Board of Health.
To , owner, agent or occupier
of premises, situated in
county, Kentucky. You are hereby notified and required to abate and
remove, within days from the date of the service
hereof, a certain nuisance on the above described property, consisting
which nuisance has been declared by the
Board to be prejudicial to the public health. Your failure to do this will subject you to the penalties imposed by the statutes of the Commonwealth of Kentucky.
By order of the Board.
Secretary and Executive Officer.
NOTICE TO BE VACCINATED.
Office of the Board of Health.
By virtue of authority vested in it by law, the board
of health respectfully requests you to be vaccinated within the next hours.
By order of the Board.
Rule 55. Each local 'board of health shall procure the publication of such of the foregoing rules from time to time as will meet indications and emergencies that may rise, and as will best promote and protect the public health.
The rules and regulations made by the State Board of Health and adopted by the various local boards, in accordance with powers given by the act creating the State and local boards of health, etc., are laws to be obeyed by every individual in the State.
All prosecutions for violations of the statute law, or the rules of local boards of health, should be instituted by the several county or prosecuting attorneys of this State upon information of such local boards.
The above rules and regulations are hereby adopted, and all rules and regulations heretofore promulgated by circular, card or pamphlets, or through newspaper publications, in conflict with the foregoing, are hereby revoked.
By order of the Board.
J. M. MATHEWS, M. D., President.
Superior Court of Kentucky, January Term, June 1, 1885—Nelson County Court, appellant, v. The Town of Bardstown, appellee—Appeal from Nelson Circuit Court.
The court, being sufficiently advised, delivered the following opinion herein:
There was no conflict in the evidence showing that in the early summer of 1883 the smallpox prevailed in Bardstown to such an extent as to create apprehension that it would spread over the county, and to require, in the opinion of the local board of health, prompt action to restrain it. That board directed the trustees of the town to erect a pesthouse, which was done. Ground was leased, necessary arrangements made and attendants employed. Those only were taken there and cared for who, being dependent on daily wages for daily bread, were left without any means of support when stricken down. Most of them lived in the town limits, some of them outside. Among them only two had been theretofore provided for by the county as paupers. An ordinance of June 20th, amended June 22d, of a preventive character, required a general vaccination at the cost of the town, for those who were poor; an ordinance of June 25th provided for a lease of ground for a pest house, erection of suitable buildings, employment of attendants, and levied an additional tax to meet the "heavy outlay of money" caused by the outbreak of smallpox, and on the same day a committee was appointed to ask the county judge "to make such appropriations as may be proper, to ibe paid by the county treasurer, to aid the trustees of Bardstown in maintaining the smallpox hospital, as all persons therein kept are citizens of Nelson, and same are residents of the county outside of said town." September 15th another committee was appointed to apply to the county court "to make appropriations toward paying the expenses incurred by the town in taking care of smallpox patients." The county levy court met in October, and the order says: "This day came the town -of Bardstown and presented a claim for $962.24, for taking care of smallpox patients, and suppressing said disease epidemic in Bardstown and vicinity, during the past summer, and asked that the county do pay one-half of said claim ($481.12); and thereupon the court allowed said town $250 on said claim, to which said town excepted, and prayed an appeal to the Nelson Circuit Court, which is granted."
Afterward, on the same day, again came the town of Bardstown, and motioned the court to pay the full amount of said claim, to-wit., $962.24; and thereupon the court "refused to take any action." From this order an appeal was prosecuted to the circuit court.
The county judge, when applied to by the committee, declined to make any appropriation, supposing he had no right to do so. Nothing done by the trustees was done at the instance or suggestion of any county official. On this evidence the circuit court ordered the jury to find a verdict in favor of the town for $796.24, subject to a credit of $250, allowed by the county court, the town having dismissed all of its demand but that much.
This direction can be sustained only on the assumption that the county is legally bound to reimburse any one for money expended by him in caring for the destitute, though the expenditure was not authorized by any county officer; or that it is bound to pay whatever may be properly expended by any one acting under the direction of the local board of health, to prevent the spread of smallpox and to care for the destitute stricken by it. For if no liability existed, it can not be maintained that the act of allowing $250 tends in any degree to create it. In Rodman v. La Rue County, 3 Bush, 145, the county judge, and in Marion county v. Averitt, 1 Ky. Law Rep. 267, a justice of the peace, had procured the service to be rendered for the county, and a partial allowance by the court was held to be a recognition of the professed agency, and leaves only the amount to be considered. Here there was no professed agent; no county official suggested the expenditure, and it is obvious that the town did not expend any of the money upon the assumption ✓even that it was acting for and on account of the county, or that it was ;;the county's duty to do that which it was providing for, or that it would ; be paid by the county. No application to the county court or to any county officer was made at the outset; the board of health ordered the ; trustees to act, and doubtless assuming it was their duty as trustees to