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employés as may be necessary to carry out the purposes of this Act, at such compensations as said Board of Health may fix.

how paid.

SEC. 171. The salaries of the officers and employés of said Salaries, Board of Health, and all other expenses legally incurred by said Board under the provisions of this chapter, shall be payable out of the General Fund of the treasury of such city, or city and county; and the Auditor of such city, or city and county, is hereby directed to audit all such demands, and the Treasurer of such city, or city and county, is hereby directed to pay the same out of said General Fund. The said Estimate. Board of Health shall, annually, upon the third Monday of April of each year, transmit, in writing, to the Municipal Council of such city, or city and county, an estimate of the amount of money necessary to defray all of the expenditures of said Board of Health for the next fiscal year; and the Board of Health shall not expend, in any one fiscal year, an amount exceeding the amount of such estimate so transmitted by said Board of Health for such fiscal year, allowed upon such estimate by the Municipal Council, except in case of an epidemic of any contagious disease, when such Board of Health is hereby authorized to increase such expense as may be deemed necessary for the public safety; and all such expenses shall be payable out of the General Fund of such city, or city and county, at the same time and in the same manner provided for other expenses of said Board. Nothing in this Act shall be construed to authorize said Board of Health to contract for or purchase supplies for any of the charitable institutions placed under its control by this chapter. All contracts for any of the work authorized by this Contracts. chapter to be caused to be performed by said Board of Health shall be awarded by said Board to the lowest responsible bidder, after notice, for not less than five days, in two daily newspapers published in such city, or city and county, under such regulations and requirements as said Board of Health may adopt.

on officers.

SEC. 172. It shall not be lawful for any Superintendent Restrictions or other principal officer in charge of any almshouse in such city, or city and county, to have or receive any perquisites, or to derive any income or revenue therefrom, either directly or indirectly, other than the salary allowed to him by the Board of Health; nor shall it be allowable for any subordinate officer or employé to have or receive any perquisite, either directly or indirectly; and it shall be the duty of the Board of Health to remove any such Superintendent, or other principal officer, or any subordinate officer, or employé, who violates any provision of this section. All fees authorized Fees, to by any of the provisions of this chapter, to be collected by any officer or employé of the Board of Health, shall be immediately paid by such officer or employé to the Secretary of said Board of Health, who shall, upon the first Monday of each month, pay the same into the treasury of such city, or city and county, to be credited to the proper fund.

SEC. 173. Shipmasters bringing vessels into the harbor of any such city, or city and county, and all masters, owners, or

whom paid.

Report of shipmasters of conta

gious disease.

Restrictions on shipmasters, etc.

Duty of pilot.

Duty of

master of vessel.

Master of

infected ves

sel must report.

consignees having vessels in such harbor, which have on board any cases of Asiatic cholera, smallpox, yellow, typhus, ship fever, or any other contagious disease, must report the same, in writing, to the Quarantine Officer before landing any passengers, casting anchor, or coming to any wharf, or as soon thereafter as they, or either of them, become aware of the existence of either of these diseases on board of their vessels.

SEC. 174. No captain or other officer in command of any vessel sailing under a register, arriving at the port of any such city, or city and county, nor any owner, consignee, agent, or other person having charge of such vessel, must, under a penalty of not less than one hundred dollars nor more than one thousand dollars, land, or permit to be landed, any freight, passengers, or other persons from such vessels, until he has reported to the Quarantine Officer, presented his bill of health, and received a permit from that officer to land freight, passengers, and other persons.

SEC. 175. Every pilot who conducts into the port of any such city, or city and county, any vessel subject to quarantine, or examination by the Quarantine Officer, must:

1. Bring the vessel no nearer such city, or city and county, than is allowed by law.

2. Prevent any person from leaving such vessel, and any communication being made with the vessel under his charge, until the Quarantine Officer has boarded her and given the necessary orders and directions.

3. Be vigilant in preventing any violation of the quarantine laws, and report, without delay, all such violations that come to his knowledge, to the Quarantine Officer..

4. Present the master of the vessel with a printed copy of the quarantine laws, unless he has one.

5. If the vessel is subject to quarantine, by reason of infec tion, place at the masthead a small yellow flag.

SEC. 176. Every master of a vessel subject to quarantine, or visitation by the Quarantine Officer, arriving in the port of any such city, or city and county, who refuses or neglects either:

1. To proceed with and anchor his vessel at the place assigned for quarantine, when legally directed so to do; or,

2. To submit his vessel, cargo, and passengers to the Quarantine Officers, their inspection, examination, and direction, and furnish all necessary information to enable that officer to determine to what quarantine or other regulations they might respectively be subject; or,

3. To report all cases of disease and of death occurring on his vessel, and to comply with all the sanitary regulations of such port or harbor;

Is liable in the sum of five hundred dollars for every such neglect or refusal.

SEC. 177. All vessels arriving off the port of any such city, or city and county, from ports which have been legally declared infected ports, and all vessels arriving from ports where there is prevailing, at the time of their departure, any contagious, infectious, or pestilential diseases, or vessels with

decaying cargoes, or which have usually foul or offensive holds, are subject to quarantine, and must be by the master, owner, pilot, or consignee, reported to the Quarantine Officer without delay. No such vessel must pass within the bounds prohibited them by the Board of Health, until the Quarantine Officer has boarded her and given the order required by law.

Quarantine

SEC. 178. The Quarantine Officer must board every vessel Duty of subject to quarantine or visitation by him, immediately on Officer. her arrival, make such examinations and inspection of vessels, books, papers, or cargo, or of persons on board, under oath, as he may judge expedient, and determine whether the vessel should be ordered to quarantine, and if so, the period of quarantine.

certain ves

ing until he

permit.

SEC. 179. No captain, or other officer, in command of any Masters of passenger-carrying vessel of more than one hundred and sels not to fifty tons burden, nor of any vessel of more than one hundred permit landand fifty tons burden having passengers on board, nor any receives consignee, owner, agent, or other persons having charge of such vessel or vessels, must, under a penalty of not less than one hundred dollars nor more than one thousand dollars, land, or permit to be landed, any passenger from the vessel, until he has presented his bill of health to the Quarantine Officer and received a permit from that officer to land such passengers, except in such cases as the Quarantine Officer deems it safe to give the permit before seeing the bill of health.

SEC. 180. The following fees shall be collected by the Fees. Quarantine Officer for giving a permit to land freight or passengers, or both: From any sailing vessel of less than five hundred tons burden, from any port out of this State, two dollars and fifty cents; five hundred and under one thousand tons burden, five dollars; each additional one thousand tons burden, or fraction thereof, an additional two dollars and fifty cents; for steam vessels, propelled in whole or in part by steam, of one thousand tons burden or less, five dollars, and two dollars and fifty cents additional for each additional one thousand tons burden or fraction thereof. But vessels not propelled in whole or in part by steam, sailing to and from any port or ports of the Pacific States, of the United States or Territories, and whaling vessels entering the harbor of any such city and county, are excepted from the provisions of this section.

Board of

SEC. 181. The Board of Health may enforce compulsory Duty of vaccination on passengers or variola-infected ships, or com- Health. ing from ports infected with the same.

SEC. 182. The Board of Health shall establish quarantine Same. grounds at such points and places as in its judgment may best conduce to public safety; may provide suitable hospitals whenever the same are required for the public safety, and furnish and supply the same with nurses and attachés, and remove thereto all persons afflicted with cholera, smallpox, yellow, typhus, ship fever, or other contagious diseases; provided, said quarantine grounds and hospitals shall not be

Duty of
Board of
Health.

Duty of physicians and midwives.

Human

bodies not to be buried

mit.

established within one mile of the main land on the north side of the Bay of San Francisco.

SEC. 183. The Board of Health must cause to be kept a record of all births, deaths, and interments occurring in such city, or city and county, coming under the provisions of this chapter. Such records, when filed, must be deposited in the office of the City, or City and County, Recorder, and produced when required for public inspection.

SEC. 184. Physicians and midwives must, on or before the fourth day of each month, make a return to the Health Officer of all births, deaths, and the number of stillborn children occurring in their practice during the preceding month. In the absence of such attendants, the parents must make such report within thirty days after the birth of the child. Such returns must be made in accordance with rules adopted by, and upon blanks furnished by, the Board of Health.

SEC. 185. No person shall deposit in any cemetery, or inter in any such city, or city and county, any human body, without per- without first having obtained and filed with the Health Officer a certificate, signed by a physician or midwife, or Coroner, setting forth as near as possible the name, age, color, sex, place of birth, occupation, date, locality, and the cause of death of deceased, and obtain from such Health Officer a permit. The physicians, when death occurs in their practice, must give the certificate herein mentioned. It shall be the duty of the said Board of Health to see that the dead body of a human being is not allowed to remain in any public receiving vault for a longer period than five days. At the expiration of that time it shall cause the body to be buried, or to be placed in a vault or niche, constituted of brick, stone, or iron, and hermetically sealed. It shall also be the duty of said Boards to require all persons having in charge the digging of graves, and the burial of the dead, to see that the body of no human being who has reached ten years of age shall be interred in a grave less than six feet deep, or if under the age of ten years, the grave to be not less than five feet deep. The Board of Health shall have entire charge of all cemeteries belonging to such city, or city and county, and may employ a Superintendent thereof, at a salary not to exceed seventy-five dollars per month, the same to be paid out of the General Fund as the salaries of the other employés are paid.

Duty of Superintendent of cemeteries.

SEC. 186. Superintendents of all cemeteries in any such city, or city and county, must return to the Health Officer, on each Monday, the names of all persons interred or deposited within their respective cemeteries during the preceding week, and no Superintendent of a cemetery, or any other person, can remove, or cause to be removed, or cause to be disinterred, any human body or remains that have been deposited in a cemetery, without a permit therefor from the Health Officer, or by order of the Coroner.

SEC. 187. It shall be unlawful to disinter or exhume from a grave, vault, or other burial place within the limits of such city, or city and county, the body or remains of any deceased

body not to

red without

person, unless a permit for so doing shall have first been Human obtained from the Health Officer of such city, or city and be disinter county. Nor shall any body or remains disinterred, ex- permit. humed, or taken from any grave, vault, or other place of burial or deposit, be transported in or through the streets or highways of any such city, or city and county, unless the person or persons removing or transporting such body or remains shall first obtain from the Health Officer a permit, in writing, therefor, as aforesaid. But when an applicant for a permit to disinter a body shall desire to remove said body beyond the limits of such city, or city and county, and shall so state on making application, the permit, if the same be issued, shall include the right to disinter and remove, and said permit shall accompany the remains.

Discretion of
Health

SEC. 188. Permits to disinter or exhume the bodies or remains of deceased persons and to transport the same, or to officer. exhume, or to transport, as in the last section provided, may be granted, in the discretion of the Health Officer, and under such restrictions and conditions only as he, in his judgment, may affix, so as in the best possible manner to protect the public health. The Health Officer shall prepare a book of blank permits in proper form, and consecutively numbered, containing stubs, on which, as well as in the permit, shall be entered a record of the transaction, giving the name, age, sex, nativity, date of death, destination of remains sought to be removed, and upon granting each permit shall be required to be paid to him the sum of ten dollars therefor, for the use and benefit of the General Fund of such city, or city and county.

disinterring

SEC. 189. Any person or persons who shall disinter, Penalty of exhume, or remove, or cause to be disinterred, exhumed, or without removed from a grave, vault, or other receptacle or burial permit. place, the remains of a deceased person, without a permit therefor, shall be guilty of a misdemeanor, and be punished by fine not less than fifty dollars nor more than five hundred dollars, or imprisonment in the county jail for not less than thirty days nor more than six months, or by both such fine. and imprisonment.

transporting

SEC. 190. Any person or persons who shall transport, or Penalty for cause to be transported, on or through the streets or high- body withways of any such city, or city and county, the body or out permit. remains of a deceased person which has been disinterred or exhumed without a permit therefor, in accordance with this chapter, shall be guilty of a misdemeanor, and be punished as provided in the preceding section.

SEC. 191. Nothing in this chapter contained shall be Exception. taken to apply to the removal of the remains of the deceased person from one place of interment to another place of interment, or cemetery, within this State.

SEC. 192. No person, master, captain, or conductor in Penalties, charge of any boat, vessel, or railroad car, or public or pri· vate conveyance, shall receive for transportation, or shall transport the body of any person who has died within the limits of such city, or city and county, without said body is accompanied by a permit for such transportation from the

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