LAWS OF THE STATE OF KENTUCKY RELATING TO THE Public Health AND SANITARY MEMORANDA. Compiled and Published Under the Supervision of the State Board of Health. FRANKFORT: John I). Woods, Public Printer and Binder. 1886. LAWS OF THE STATE OF KENTUCKY RELATING TO THE Public Health AND SANITARY MEMORANDA. COMPILED AND PUBLISHED UNDER THE SUPERVISION OF THE STATE BOARD OF HEALTH. FRANKFORT: John D. Woods, Public Printer and Binder. 1886. MEMBERS OF THE BOARD. Pinckney Thompson, M. D., PresidentHenderson. Robert Walker, M. DScottville. W. L. Breyfogle, M. DLouisville. J. A. Lucy, M. DGeorgetown. J. O. McReynolds, M. DElkton. J. M. Poyntz, M. DRichmond. J. N. McCormack, M. D., SecretaryBowling Green. PREFACE. The State Board of Health of Kentucky has thought it desira- ble to compile and place in the hands of all persons entrusted with their execution all the laws of the State pertaining to the Public Health. This seemed the more necessary from the fact that much important legislation exists only in detached sections, scattered, under misleading and often contradictory titles, through the Gen- eral Statutes and Public Acts, causing confusion in the minds of those most anxious to understand the legal status of our health boards, and the actual duties imposed and powers conferred on the health officials, and affording an excellent excuse, and even de- fense, for those who prefer to remain in ignorance upon this subject. The compilation decided upon, a difficulty presented it- self as to the limits of the work. Many laws or parts of laws were found, which, while not exactly health laws, and not even indi- rectly intended as such, are so essential to the preservation of the public health as to demand a place; and on the other hand, laws were found, evidently framed to aid the work in which we are en- gaged more or less directly, yet so framed as to be utterly imprac- ticable and valueless. On this point the Board has given me a wide discretion. This discretion has been exercised in a liberal spirit toward the object of the work, and it must be admitted that some things have been given space, as for instance the law in re- gard to Empiricism, more to call attention to the importance of legislation on the subject than for any real value in the law itself. The Rules and Regulations of the Board, which are recom- mended for adoption by all local boards of health in the State, in so far as they apply to the work of such boards, are appended, and also the practical conclusions of the Committee on Disinfectants of the American Public Health Association. J. N. McCORMACK, M. D. Secretary. Bowling Green, Ky., October 1, 1886. LAWS Relating to the Public Health. i. STATE AND LOCAL BOARDS OF HEALTH. CHAPTER 6, PP. 852-859. APPENDIX TO GENERAL STATUTES. APPROVED MARCH 16, 1878. AN ACT TO ESTABLISH A STATE BOARD OF HEALTH, TO PROVIDE FOR THE APPOINTMENT OF LOCAL BOARDS OF HEALTH, AND A SUPERINTENDENT OF VITAL STATISTICS. Section 1. Be it enacted by the General Assembly of the Common- wealth of Kentucky, That a Board is hereby established, which shall be known under the name and style ot the " State Board of Health." It shall consist of seven members, as follows: Six mem- bers who shall be appointed by the Governor, with the consent of the Senate, and a Secretary, as provided in section four of this act. The six members first appointed shall be so designated by the Gov- ernor that the term of office of two shall expire every two years, on April 1st; thereafter the Governor, with the consent of the Senate, shall biennially appoint two members, to hold their offices for six years, ending April 1st. Any vacancy in said Board may be filled, until the next regular session of the Legislature, by the Governor. Sec. 2. The State Board of Health shall have the general super- vision of the interests of the health and life of the citizens of this State ; shall study the vital statistics of this State, and endeavor to make intelligent and profitable use of the collected records of deaths and sickness among the people ; they shall make sanitary investigations and inquiries respecting the causes of disease, and especially of epidemics ; the causes of mortality, and the effects of 6 STATE AND LOCAL BOARDS OF HEALTH. localities, employments, conditions, food, water-supply, habits, and circumstances on the health of the people. They shall, when re- quired, or when they deem it best, advise with officers of the gov- ernment, or with other State Boards, in regard to the location, drainage, water-supply, disposal of excreta, heating, and ventila- tion of any public institution or building. They shall, from time to time, recommend standard works on the subject of hygiene for the use of the schools of the State. Sec. 3. The Board shall meet semi-annually at Frankfort, and at such other places and times as they may deem expedient. A majority shall be a quorum for the transaction of business. They shall choose one of their number to be their President, and may adopt rules and by-laws, subject to the provisions of this act. They shall have authority to send their Secretary or a committee of the Board to any part of the State, when deemed necessary, to investigate the causes of any special or unusual disease or mor- tality. Sec. 4. At their first meeting the Board shall elect a Secretary, who shah, by virtue of such election, become a member of the Board, and its executive officer. The Board may elect one of their own number Secretary, in which case the Governor shall appoint another member to complete the full number of the Board. Sec. 5. The Secretary shall hold his office so long as he shall faithfully discharge the duties thereof; but may be removed for just cause, at a regular meeting of the Board, a majority of the mem- bers voting therefor. He shall keep his office at Frankfort, and shall perform the duties prescribed by this act, or required by the Board. He shall keep a record of the transactions of the Board; shall have the custody of all books, papers, documents, and other property belonging to the Board, which may be deposited in his office; shall, so far as practicable, communicate with other State Boards of Health, and with the Local Boards within his State ; shall keep on file all reports received from such Boards, and all correspond- ence of the office appertaining to the business of the Board. He shall, so far as possible, aid in obtaining contributions to the library of the Board. He shall prepare blank forms of returns, and such instructions as may be necessary, and forward them to the Local Boards throughout the State. He shall collect information con- STATE AND LOCAL BOARDS OF HEALTH. 7 cerning vital statistics, knowledge respecting diseases, and all use- ful information on the subject of hygiene, and through an annual report, and otherwise, as the Board may direct, shall disseminate such information among the people. Also, he shall supply on de- mand, to the Local Boards of Health, reliable vaccine virus for the gratuitous vaccination of the poor. Sec. 6. The Secretary shall receive an annual salary, which shall be fixed by the State Board of Health. The Board shall quarterly certify the amount due him, and on presentation of said certificate the Auditor shall draw his warrant on the Treasurer for the amount. The members of the Board shall receive no per diem compensation for their services, but their traveling and other nec- essary expenses while (Jmployed on business of the Board shall be allowed and paid. Sec. 7. The sum of twenty-five hundred dollars per annum, or so much thereof as may be deemed necessary by the State Board of Health, is hereby appropriated to pay the salary of the Secre- tary, meet the contingent expenses of the office of the Secretary, and the expenses of the Board, which shall not exceed the sum hereby appropriated. Said expenses shall be certified and paid in the same manner as the salary of the Secretary. Sec. 8. It shall be the duty of each County Court to appoint for their respective counties a Local Board of Health, which Board shall consist of three members, one of whom must be a practicing physician in good standing. Sec. 9. The Local Boards shall make such regulations respect- ing nuisances, sources of filth, the disposal of infected clothing, etc., and the removal of the causes of diseases generally, as they shall judge necessary for the public health and safety. They shall make a special report to the State Board of Health whenever they deem it expedient, or when required by the State Board so to do. Sec. 10. The Secretary of the State Board of Health shall be the Superintendent of Vital Statistics. Under the general direc- tion of the Auditor, he shall collect these statistics, and prepare and publish the report required by law relating to births, deaths, and marriages. Sec. 11. The State Librarian shall provide a suitable room for the meetings of the Board at Frankfort, and ofiice-room for its Secretary. 8 STATE AND LOCAL BOARDS OF HEALTH. AMENDED ACT APPROVED APRIL 28, 1880. AN ACT TO AMEND AN ACT ENTITLED, " AN ACT TO ESTABLISH A STATE BOARD OF HEALTH, TO PROVIDE FOR THE APPOINTMENT OF LOCAL BOARDS OF HEALTH AND A SUPERINTENDENT OF VITAL STATISTICS," APPROVED MARCH 16, 1878, AND TO IMPOSE PENALTIES FOR VIO- LATING CERTAIN PROVISIONS OF THIS ACT. Section 1. Be it enacted by the General Assembly of the Common- wealth of Kentucky, That section second of the act to which this is an amendment be, and is hereby, repealed, and that the follow- ing section be enacted in lieu thereof: The State Board of Health shall have general supervision of the health of the citizens of this State ; shall study the vital statistics of this State, and strive to make intelligent and profitable use of the collected records of the causes of sickness and death among the people. They shall make sanitary investigations and inquiry concerning the causes of dis- ease, and especially of epidemics and endemics ; the causes of mor- tality, and the effects of locality, employments, conditions, food, water supply, habits, and other circumstances upon the health of the people. They shall make sanitary inspection and surveys of such places and localities as they deem advisable; and when they may believe that there is a probability that any infectious or con- tagious disease will invade this State from any other State or country, it shall be their duty to take such action and adopt and enforce such rules and regulations as they may, in the exercise of their discretion, deem efficient in preventing the introduction or spread of such infectious or contagious disease or diseases within this State. The better to accomplish such objects, they are em- powered and directed to establish and strictly maintain quarantine at such places as they deem proper ; and are further empowered to make and enforce rules and regulations to obstruct and prevent the introduction or spread of infectious or contagious diseases to or with- in the State. They may establish quarantine ground in some suitable place, and establish the quarantine to be observed in such locality ; and may there cause to be erected temporary buildings or hospitals necessary for the medical treatment of any persons who may be kept in quarantine and affected with contagious or infectious dis- ease, for the inspection and disinfection of travelers, baggage, mer- STATE AND LOCAL BOARDS OF HEALTH. 9 chandise, and articles in transit through such quarantine grounds or stations; and they may enforce inspections of persons and articles at such stations or grounds, as well as the purification of persons, baggage, and articles, and require the transportation of passengers from said quarantine station ; and shall assign the charge and control of each quarantine station to a competent physician and his necessary assistants or employes, who shall receive such compensation as the Board may fix as the value of their services. That all companies or individuals operating or controlling railroads, steamboats, coaches, public or private conveyances, and steamers plying the Ohio river or its tributaries in this State, shall obey the rules and regulations when made and published by the State Board of Health; and any owner or owners, person or persons, having charge of any railway train, passenger-coach, steamboat, or public or private conveyance, who shall refuse to obey such rules and regulations, when made and published by the State Board of Health, shall be held to have committed a misdemeanor, and for each offense shall be punished by a fine not less than fifty nor ex- ceeding five hundred dollars, or be confined in the county jail not less than fifteen days nor exceeding two months, or be either so fined or imprisoned in the discretion of the Court or jury trying the case, to be recovered by indictment in any Court of competent criminal or penal jurisdiction. Sec. 2. Section third of the act to which this is an amendment is also repealed, and in lieu thereof is enacted the following as sec- tion third: The Board shall hold its meetings semi-annually, at such places and times as the majority of the Board may determine by a vote taken at the previous meeting of said Board. A major- ity of the members shall constitute a quorum for the transaction of business. They shall elect the President of the Board from their own number, and may adopt rules, by-laws, and regulations, subject to the provisions of this act. They are authorized to send either the Secretary or a special committee of the Board to consult and co-operate with the National Board of Health, the State Boards of Health of other States, or other sanitary organizations, with reference to location, drainage, water-supply, the disposal of excrement and garbage, the heating and ventilation of public and private buildings; and the Board is empowered to co-operate with 10 state and local boards of health. other State Boards of Health in prosecuting sanitary investigations; and whenever requested shall afford information to any community as to the proper methods of ventilating and heating the public buildings and school-houses in this Commonwealth. Sec. 3. That section fifth be so amended that the Secretary shall hold his office during the faithful and efficient discharge of his offi- cial duties to the satisfaction of the Board, and can be removed from office only at a regular meeting of said Board, and by a ma- jority of all the members composing the Board voting for his re- moval. He shall establish and keep bis office at some centrally located place in this State designated by the Board, and shall per- form all the duties prescribed by the act, or required by the Board. Sec. 4. Section eight of the act to which this is an amendment is repealed, and instead thereof it is enacted as follows : It shall be the duty of the State Board of Health to appoint three or more intelligent and discreet persons, citizens residing in each county of this State, who shall constitute a Local Board of Health for the respective counties in which they reside ; and such persons as mem- bers of the Local Board shall hold their office for a term of two years from the date of their appointment; and such Local Boards are empowered, and it shall be their duty, to inaugurate and exe- cute and require the heads of families to execute such sanitary regulations as the Local Board may consider expedient to prevent the outbreak and spread of cholera, small-pox, yellow fever, scar- let fever, diphtheria, and other epidemic diseases ;* and to this end ■''Superior Court of Kentucky, January Term, June 1, 1885-Nelson County Court, Appellant, vs. 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 small-pox 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 pest-house, 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 sup- port when stricken down. Most of them lived in the town limits, some of them out- Among them only two had been theretofore provided for by the county as pau- pers. An ordinance of June 20th, amended June 22d, of a preventive character, re- quired a general vaccination at the cost of the town, for those who were poor; an or- dinance of June 25th provided for a lease of ground for a pest-house, erection of suit- able buddings, employment of attendants, and levied an additional tax to meet the "heavy outlay of money" caused by the outbreak of small-pox; and on the same STATE AND LOCAL BOARDS OF HEALTH. 11 may bring the infected population under prompt and proper treat- ment during premonitory or other stages of disease; and they are empowered to go upon and inspect any premises which they may believe are in an unclean or infectious condition ; and said Boards are authorized to enforce the rules and regulations adopted by the State Board of Health. And it shall be the duty of physicians practicing their professions in any county in which a Local Board is organized to report all or any of the above-mentioned diseases under their special treatment to such Local Board; and it shall be likewise the duty of heads of families to report any of said diseases, when known by them to exist in their respective families, to such Local Board, or to some one member thereof, within twenty-four hours from his or her knowledge of the existence of such disease; and such Local Board shall make report to the State Board of Health at least once in every three months-first, of the character of the infectious and epidemic diseases prevailing in their county; second, the number reported as afflicted with such disease; third, the action taken by such Board in arresting the progress of such epidemics, and the visible effects of such action; and the Local Boards shall receive such compensation for such services as the County Court in which the Local Board is established shall, in their discretion, determine. day a committee was appointed to ask the county judge "to such appropria- tions as may be proper, to be paid by the county treasurer, to aid the trustees of Bards- town in maintaining the small-pox hospital, as all persons therein kept are citizens of Nelson, and some 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 small-pox pa- tients." 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 small- pox 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 ex- cepted, 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 C«urt. The county judge, when applied to by the committee, declined to make any ap- propriation, 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 de- mand but that much. 12 STATE AND LOCAL BOARDS OE HEALTH. Sec. 5. In the counties bordering on the Ohio and Mississippi rivers, and on the State lines separating Kentucky from the States of West Virginia and Tennessee, the Local Boards of Health are empowered to declare and maintain quarantine in said county or counties, or in any particular place or places therein, against the introduction of any contagious or infectious diseases prevailing in any other State or county: Provided, That so soon as such quar- antine is established, the Local Board declaring the same, through its presiding or chief officer, shall, in writing, notify the State Board of Health of such quarantine and the extent thereof; and thereupon the State Board of Health, in the exercise of its super- visory power over Local Boards, shall, as early as practicable, by their Sanitary or Executive Committee, ascertain the necessity of such quarantine, and shall either approve of said quarantine and enforce same, or declare the same raised. This direction can be sustained only on the assumption that the county is lega'ly bound to reimburse any one lor 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 small-pox and to care for the destitute stricken by it. For if no liability existed, it can not be maintained that the act of al- lowing $250 tends in any degree to create it. In Rodman vs. LaRue county, 3 Bush, 145, the county judge, and in Marion county vs. Averitt, 1 Ky. Law Rep., 267, a jus- tice 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 thecounty. No application to the County Courtor 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 do, they directed the expense to be incurred. They then asked the county judge for such contribution to aid the town as he thought proper; and they asked the County Court to allow them only half they had expended up to this time. It is evident that the town asked aid on strong moral ground, and did not assert a legal demand. Nevertheless, if such demand existed, it was not lost by what was done. Section two of Chapter eighty-six of the General Statutes provides: " It shall be the duty of the County Courts to provide for the support of the pau- pers of their respective counties." Section one, Article sixteen, of Chapter twenty- eight, confers jurisdiction on County Courts to make provisions for the maintenance of the poor. The act of April 28, 1880, amending the act of March 16. 1878, establishing a Board of Health, provides for Local Boards of Health, and declares that they, " Are empowered, and it shall their duty to inaugurate and execute, and require the heads of families to execute, such sanitary regulations as the Local Board may consider STATE AND LOCAL BOARDS OF HEALTH. 13 Sec. 6. It is further enacted, That the State Board of Healthy and its agents, employes, or the Local Boards of Health acting under the direction and regulations of the State Board, when they have reasonable grounds to believe that any packet or other steam- boat, barge, or other water-craft navigating the Mississippi or Ohio rivers, or any of their tributaries, is infected with any epidemic or infectious disease, are empowered to prevent the landing of such craft at any point or places on the Kentucky shore; and they are also empowered, when they have reasonable grounds to believe any railway train, coach, or other vehicle contains persons or arti- cles infected with epidemic or infectious diseases, to detain at any station or point on such railway or road, such train, coach, or ve- expedient to prevent the outbreak and spread of cholera, small-pox, yellow fever, scar- let fever, diphtheria, and other epidemic diseases; and to this end may bring the in- fected population under prompt and proper treatment during premonitory or other stages of disease; and they are empowered to go upon and inspec' any premises which they may believe are in an unclean or infectious condition; and said Boards are au- thorized to enforce the rules and regulations adopted by the State Board of Health." The Local Board is to be paid by the County Court. No provision is made as to the means by which the Board may enforce the execu- tion of sanitary regulations, or ' bring the infected population under prompt and proper treatment" It provides no fund to pay the expense involved in the dis-barge- of the duty imposed, and it does not declare upon whose credit the Board shall act. Prior to this act it rested with the County Court, or county judge in vacation (General Statutes, Chapter eighty-six, Section ten), to say what persons were paupers, and as such entitled to the public aid; and for matters of mere maintenance, that is still the law. However urgent may have been the personal need, whether for shelter, bread, or medicine, the public charity came through these agents only,and no one else could create a debt against the county by giving them necessary help. While the act in question does not create a new or additional duty in the county, it does create a new agent in regard to matters of general health, and makes its decis- ion as to what ought to be done conclusive on the county, so far as to charge it with the expenses incurred in caring for the indigent, afflicted with any of the contagious or infectious diseases referred to by the statute. Any other interpretation makes the Board merely an advisory body, incapable of doing those things which the statute de- clares it has power to do, and which its duty requires it to do. It is in discharge of the ordinary social duty to care for the helpless, but it goes further. If the poor man is neglected, he may starve or freeze, but the calamity is personal, and his grave hides it; but if, having an infectious disease, which poisons the air, he is left where he lies, the entire community is menaced. In such case the statute confers on the Board the power to do what it may deem necessary to prevent the spread of the disease. It has no fund given it out of which to pay. It is the duty of the county to provide for the poor, and the Board is the constituted agent to see that provision is made in such cases. On its order the town did what it required, and having, under the order of the proper agent, done what the law gave the agent power to have done, the county was properly held liable. The judgment is affirmed. 14 STATE AND LOCAL BOARDS OF HEALTH. hide for a time sufficient to disinfect or purify same, provided quarantine has been established at such station or place by action of said Boards; and any railway conductor, driver, or person in charge of any coach or vehicle who shall willfully avoid or prevent the inspection or purification of the coaches or vehicles under his charge or control shall be guilty of misdemeanor, and liable to the penalty hereinbefore mentioned, to be recovered by indictment in any Court of competent jurisdiction in the county or counties where the offense is committed. Sec. 7. It shall be the duties of courts and justices of the peace having jurisdiction in examining trials of offenses punishable by indictment to issue proper warrants or summons for the arrest and trial of persons charged with any misdemeanor under this act, and likewise the duty of county attorneys to prosecute cases aris- ing under this act in the courts to which such warrants may be returned. Sec. 8. Whenever the State Board of Health shall deem it nec- essary to send any member or members of said Board to any place in this State for the purpose of establishing quarantine, or to make any sanitary investigations or survey, said Board may allow such member or members so sent reasonable compensation, to be paid out of the fund appropriated in this act. Sec. 9. The Local Boards of Health organized under this act are empowered, whenever cholera, yellow fever, or other dangerous and infectious disease breaks out in any city or town of this Common- wealth, to isolate the infected house or houses, and to cause the temporary removal of persons residing in the immediate neighbor- hood during the prevalence of such disease. Sec. 10. That all the provisions of the original act passed March 16, 1878, to which this is an amendment, and that are not repealed in this act, are re-enacted and declared to be in full force and effect. Sec. 11. This act shall take effect from and after its passage. NUISANCE LAWS. 15 NUISANCE LAWS* AMENDED ACT, APRIL 24, 1882. " AN ACT TO AMEND AN ACT TO ESTABLISH A STATE BOARD OF HEALTH, TO PROVIDE FOR THE APPOINTMENT OF LOCAL BOARDS OF HEALTH AND SUPERINTENDENT, AND ACTS AMENDATORY THEREOF. APPROVED APRIL 24, 1882." Section 1. Be it enacted by the General Assembly of the Com- monwealth of Kentucky, That the State Board of Health and the Local Boards of Health shall have power and authority to examine into all nuisances, sources of filth, and causes of sickness that may, in their opinion, be injurious to the health of the inhabitants within any county in this State, or in any vessel within any harbor or port in any county in this State; and whenever any such nui- sance, source of filth, or cause of sickness shall be found to exist on any private property, or in any vessel within any port or harbor of any county in this State, or upon any water-course in this State, the State Board of Health or Local Board of Health shall have power and authority to order, in writing, the owner or occupant thereof, at his own expense, to remove the same within twenty- four hours, or within such reasonable time thereafter as such Board may order; and if the owner or occupant shall neglect to do so, he shall be fined not less than $10 nor more than $100, to be recov- ered before any Court having jurisdiction thereof, by warrant in the name of the Commonwealth of Kentucky, and each day's con- tinuance of such nuisance, after the owner or occupant thereof shall have been notified to remove the same, shall be a separate offense. *The following decisions are appended as illustrating the rulings of our own Su- preme Court in regard certain kind of nuisances, under the common law ; because the principles involved apply in the main to health nuisances in general; and also because of the important cases referred to in the decisions showing the almost uniform rulings of the Courts of last resort in other States and countries on this important subject. Rulings of the Court of Appeals of Kentucky.-Ashbrook vs. Commonwealth, 1 Bush, page 139.-Appeal from Kenton Circuit Court. First: Pens in the city of Covington, wherein are kept large numbers of horses, mules, cattle, sheep, and hogs, held to be a nuisance, notwithstanding said pens have 16 NUISANCE LAWS. been kept for that purpose for thirty years, and when first established were outside said city and some distance in the country; but by the increase of population, and the extension of the city, such pens thereafter became a nuisance. Second: The pursuit of a noxious trade is lawful only so long as it does not inter- fere with the rights of the public; but when it does so interfere with these superior rights, it becomes illegal, and no length of time can sanctify it, as its exercise is a daily renewal of the offense. Third: Offensive odors and smells of a loathsome trade, if detrimental to the com- fort of those dwelling around and to passers-by, are a nuisance, and may be abated, although not actually producing disease. Fourth: An indictment alleging the continuance of a nuisance up to the day be- fore the day on which the indictment was found and returned, and a verdict and a judgment against the defendant, are sufficient to authorize the Circuit Court to order the defendant to abate the nuisance by a given day; and in case of his failure, to order the sheriff to abate it. John F. and Chas. H. Fisk, for Appellant. Cited-Roscoe's Criminal Ev., 792; 1 Russell on Crimes, 320; 7 Blackford, 534; Elias vs. State; 1 Duvall, 256; Ray vs. Sellers; Section 226, Criminal Code; lb., sections 334, 335. John M. Harlan, Attorney-General, for Appellee. Cited-1 Bishop, sections 540-2 and 1032; 8 Ind., 494, 495; Hackney vs. State. Judge Williams delivered the opinion of the Court: Ashbrook was indicted for keeping a common nuisance in the city of Covington, from June 25th, continuously, until September 13, 1865. This indictment was returned into Court September 14, 1865. January 4,1866, the jury sworn to try the issue returned a verdict of " guilty," and assessed his fine at twenty-five dollars, upon which the Court gave judgment the same day. January 12th the defendant's motion for a new trial was overruled. January 20ih the Court made an order that the defendant "do, on or before the 12th day of March next, abate the nuisance by ceasing to use said pens for the pur- pose of impounding of either horses, mules, cattle, or hogs; and, upon his failure to comply with this order, then the sheriff of this county will be ordered to enforce this judgment." This appeal seeks a reversal of these judgments and orders. The indictment alleges that the defendant kept, at a certain locality in said city, sundry pens, wherein he kept large numbers of horses, mules, cattle, sheep, and hogs; and, by reason of their filthy excrements, there arose unhealthy and pernicious smells, and the air was greatly corrupted and infected to the great damage of the citizens re- siding and dwelling there, and of those passing and repassing. This locality had been so used by the defendant and those under whom he claimed for at least thirty years; and when so first used it was entirely outside of the city limits, some distance in the country, and near to which there then were no settlements. Covington was then a village of about five hundred souls ; it now has a population of twenty thousand. The commerce and prosperity and increase of population of the city now demands this locality for dwellings and other business purposes, and streets have been extended by it. The continuance of the use of said pens for their original purpose is detrimental to the public good, and injurious to the citizens residing in their immediate vicinity ; but as the use and purposes of the pens were lawful when first established, can such now be declared to be common nuisance, and the proprietor prohibited from the exercise of such use ? In Cross' case (2 C. & P., 483) Abbott, C. J., said : "If a noxious trade is already established in a place remote from habitations and public roads, and persons afterward come and build houses within the reach of its noxious effects, or if a public road be made so near to it that the carrying on the trade becomes a nuisance to the persoi s 17 NUISANCE LAWS. using the road, yet the party is entitled to continue his trade, because it was legal be- fore the erection of the houses or the making of the road." (Roscoe's Criminal Ev., 661, by Sharswood, 1836; and so it was held in Ellis vs. State, 7 Blackford, 534.) But these cases did not involve the public rights and demands of citizens and their popu- lations. In Commonwealth vs. Upton (6 Gray, 473) the Supreme Court of Massachusetts held, that "carrying on an offensive trade for twenty years, in a place remote from buildings and public roads, does not entitle the owner to continue it in the same place after houses have been built and roads laid out in the neighborhood." In Brady vs. Weeks (3 Barbor's S. C. R., 157), the New York Court held that " persons who have purchased land and built dwelling-houses in the neighborhood of a slaughter-house, in a part of a city which is becoming thickly settled, may maintain a bill in equity to restrain the use of the slaughter-house as being a nuisance, although it was erected previous to their purchase of the land." Mr. Greenleaf, in his second volume on Evidence, page 472, section 473, says: "So, if the act of the defendant was at first no annoyance, he can not recover. This rule, however, admits of some qualification where the nuisance affects the entire dwelling, for the right of habitancy is paramount to the exigencies of trade. Thus, where a slaughter-house was erected in the open fields adjacent to a growing city, but not at the time near to any dwelling-house, but, afterward, in the progressive increase of the city, dwellings were erected near to the slaughter-house, insomuch that it ren- dered them unfit for comfortable habitation, it was held a nuisance, for which the owners of the house might have remedy against the proprietor of the slaughter-house for its continuance," and refers to Brady vs. Weeks. Cited Cooper vs. Barber, 3 Taunt, 99; Dana vs. Valentine, 5 Met., 8; Gale & Whaley on Easements, 186. The right of the Legislature to extend the corporate limits of towns and cities, for the purpose of local government, over even unwilling populations, and the power to exercise the right of eminent domain in extending their streets against the will of the proprietors of the soil, and even in condemning, for town purposes, tracts of land without the owner's consent, has been often recognized by this Court. The exercise of these rights and powers is often demanded by the wants of a large, dense, and in- creasing population and its incidental commerce, and every proprietor may be re- garded as holding his property subject to these superior rights of the public. A proprietor can not be compelled to sell his land to private individuals, but he- can be compelled to surrender the use of so much of it as may be necessary for public use, roads, and streets, on just compensation, and the Commonwealth, having the right to appropriate the land to public uses, must necessarily have the power to pro- tect the public in this use, else the right to appropriate would be quite imperfect. A contumacious holder of real estate can not retard the public of a city by refusing to let streets run through his land, nor can he, by a noxious trade or pursuit, deprive the public of the use after its appropriation. It seems to us that the right to reserve property for public use must necessarily include the power to protect the public in its use, as well by the abatement of a com- mon nuisance in the neighborhood as upon the road or street itself. The pursuit of a noxious trade is lawful so long as it does not interfere with the rights of the public, but, when it does so interfere with these superior rights, it be- comes illegal, and no length of time can sanctify it, as its exercise is a daily renewal of the offense. While many private rights will be protected from public invasion because not necessary to the public good, yet most of the individual rights are held subordinate to the public welfare. 2 18 NUISANCE LAWS. However conflicting the evidence might be regarded, yet the jury in this case have found that it was a nuisance, and we can not determine that it was not, and, as we do not regard the prior occupancy of the property for such purpose, before the increas- ing population of the city and public necessity required the extension of the city limits and streets beyond this property as a legal defense, we can not reverse the judgment for this cause. It is again insisted that the offense is not laid in the indictment as continuing, and, therefore, the order of abatement was erroneous. The offense is averred to continue up to the day before the indictment was re- turned into Court, and, probably, up to the day the indictment was found. It would, perhaps, have been more in accordance with legal proceedings in such cases to have laid it with a continuance from a given day up to the finding of this indictment, but we think it substantially good as a continuing offense, and the verdict and judgment being against the defendant, the Court properly ordered him to abate the nuisance by a given day, and, should it then be made known that the defendant has failed to do so, the Court, by subsequent proper orders, may have it abated. We do not understand that the offensive odors and smells of a loathsome trade must actually produce disease to become a common nuisance. If it is detrimental to the comfort of those dwelling around it, and to the passers-by, it is a nuisance, and may be abated. The instructions given comport with the view we have taken, and perceiving no available error, the judgment is affirmed. Seifried vs. Hays, etc., 5 Ry, Law Rep., 369; also in 81 Ay (Filed Nov. 1, 1883). First: Nuisance.-A., owned a slaughter-house which he had been working as such for twenty years, when plaintiff brought an action against him for a nuisance, and alleged that he left the entrails and other parts of slaughtered animals exposed on his premises, producing a foul stench, poisoning the air all around, and endangering the health of plaintiffs. They asked an injunction. Held that an indictment is the proper remedy for a common nuisance, and an individual is entitled to an injunction only when he shows special injury, yet the fact that'the injury complained of was common to the five plaintiffs does not make it a public nuisance. Second: Where the nuisance endangers the health of complainant or renders him uncomfortable, not from the annoyance caused by running the machinery, but from the pollution of the air, he is entitled to enjoin the further continuance of the nui- sance. Appeal from Louisville Chancery Court.-Opinion of Court by Judge Pryor. Frank Seifried, the appellant, owns about eight acres of land near the boundary line of the city of Louisville and outside of the city limits, upon which he erected a slaughter-house, and for the period of nearly twenty years has been employed in slaught- ering cattle and hogs on the premises. In July, 1881, the appellees, Joseph Hays and others, instituted the present action in which they allege that the appellant caused the intestines and other parts of ani- mals slaughtered by him to be thrown in tanks, boxes, and different places on his prem- ises, and that the putrid and decayed flesh produced a foul and nauseous stench, such as poisoned the atmosphere for many feet in every direction from the premises of the appellant, embracing the dwellings of the appellees, thereby endangering the health of their families and destroying the comfort of their homes. They charge that unless restrained from this improper use of his slaughter-house and materials the health of their families will be injuriously affected, and the comfort of their homes impaired NUISANCE LAWS. 19 and irreparable injury done them. A temporary injunction was issued against the appellant restraining him from continuing the nuisance, and upon the final hearing the appellant was enjoined and restrained from keeping dead animals or any parts of dead animals on his premises in such manner as shall cause the offensive odor and stench complained of. The answer filed by the appellant contains two paragraphs. The first is a general denial of the complaint made by the appellees and the second defense is in substance that the appellant has been engaged in the business of slaughtering stock for many years, and was so engaged prior to the time at which the appellees erected their buildings or moved near to his slaughter-house. That his business has always been conducted in a lawful way, and bis establishment always clean and emitting no vile or foul odor. That the smell or stench connected with his business was no greater in 1881, the time of which the appellees complain, than it bad been during the entire period the appel- lees had lived near his premises, and that their acquiescence for many years in the man- ner in which he had conducted the business estops them from now molesting or inter- fering with the conduct of the establishment. In determining the merits of this controversy the Court will also dispose of the question raised by the demurrer to the petition, the appellant insisting that the nui- sance alleged being a common or public nuisance, a private citizen can not maintain the action without an averment that he has sustained some special injury. The doctrine is well settled that an indictment is the proper remedy for a common nuisance in the absence of any special or particular injury to the individual citizen, and therefore where a private person invokes the aid of a Chancellor to restrain a pub- lic nuisance he must show some special injury independently of that affecting the public generally. Barr vs. Stephens, 1 Bibb,2Q2; Cosby vs. Owensboro $ Russellville Railroad Co., 10 Bush, 288; High on Injunctions, Sec. 522. As many as five of the citizens living near the slaughter-house of the appellant have united tn the petition asking the same relief, and while this may be evidence of the existence of a nuisance affecting all alike, it by no means follows that each may not have sustained a special injury. If the facts constituting the alleged nuisance are established, private injury affecting the health and comfort of the families living adjacent to the slaughter-house is the necessary consequence, and the fact that the injury is identical when applied to each family does not make it such a public nui- sance as would deprive the citizen of his right to redress. If the nuisance is of such a character as to endanger the health of the party complaining, or that of his family, or such as render his home uncomfortable, not by reason of the mere annoyance that the running of the machinery, or the ordinary conduct of the business in a legal way, may cause, but where the injury is irreparable, such as the pollution of the air, both putrid carcasses or nauseous odors rendering his home or place of business unhealthy, or producing physical discomfort to the particular person, a court of equity will interfere to prevent the continuance of a nuisance, and particularly in cases of this character. "Slaughter-houses are regarded as prima facie nuisances, and their existence so near to dwellings as to impair their comfortable enjoyment is an actionable injury.'' Wood on the Law of Nuisances, sec. 504. The same author, in section 505, says: "That, where originally built remote from the habitation of man or from public places, if they become actual nuisances by reason of roads being afterward laid out in their vicinity, or by dwellings subsequently erected within the sphere of their effects, the fact of their existence prior to the laying out of the roads or the erection of the dwellings is no defense." This Court, in the case of Ashbrook vs. Commonwealth, 1 Bush, 139, in reviewing 20 NUISANCE LAWS. the doctrine applicable to this class of nuisances, in commenting on the decisions in cases where the noxious trade had been established prior to the erection of the dwell- ings by the parties complaining of the nuisance, and in which the party was allowed to continue his trade because it was legal before the dwellings were constructed, said that those authorities did not affect cases involving the public right and demands of cities and their populations, and cited the cases of the Commonwealth vs. Upton, 6 Gray, 473, and Brady vs. Weeks, 3 Barb., 157, where it was held in both cases that the carrying on of an offensive trade for years, where there were no adjoining build- ings, did not entitle the owner to continue it in the same place after houses have been built and roads laid out in the neighborhood. The pursuit of a noxious trade, says this Court, " is lawful so long as it does not interfere with the rights of the public, but where it does so interfere it becomes ille- gal," and, while this applies to a prosecution by the State, the weight of authority leads to the conclusion that, in the progress and growth of cities where dwellings have been erected near slaughter-houses, and by reason of the poisonous atmosphere emanating from such establishments the dwellings are rendered unfit for comfortable habitation, the owners have their remedy against the party whose mode of business creates the nuisance. Greenleaf on Evidence, sec. 473; Dana vs. Valentine, 5 Met., 8; Howell vs. McCoy, 3 Rawle, 256. This Court, in the case of Louisville Coffin Company vs. Warner, 78 Ky., 400, re- lied on by counsel for the appellant, held that, where a nuisance caused substantial injury to the dwellings around it or affected the health of the residents, the Chancellor would interfere to abate it. That was an ordinary manufacturing establishment that could exist in the midst of a dense city population without affecting the inhabitants, save as they were annoyed by the noise of the machinery and the inconvenience aris- ing from smoke, etc., that settled near the dwellings and that was afterward prevented by the use of proper appliances, but here is a case where a party is charged with con- tinuing a nuisance that must necessarily affect the health of the neighbors or necessi- tate the abandonment of their homes, unless relief is given by the Chancellor. The question presented is : Shall the right of these appellees to the enjoyment and benefit of their homes and families be held subordinate to the right of the appellant to continue a nuisance because his slaughter-house was erected before they purchased their homes. This question has been answered by the judgment below in the event the testimony7 sustained the complaint. There is an apparent conflict in some of the statements made by the witnesses, but nearly all concur in the fact that the atmos- phere in the vicinity of this slaughter-house was poisoned by this nauseous vapor dur- ing the spring and summer of 1881. There were other slaughter-houses and distilleries, in the same locality, but the origin of this foul odor can not be, or at least has not been, traced to any of them with that unerring certainty that it has to the slaughter-house of the appellant. From that direction, and no other, seems to have come an odor that caused the closing of the doors and windows of the dwellings of these appellees during the evenings of the spring and summer of the year 1881, and, in fact, the doors and the windows of the church near by had to be closed for the same reason, and such was the character of the stench that it produced nausea, and must, if these appellees and their witnesses, twelve or fifteen in number, are to be believed, have rendered their homes almost uninhabitable. That the poisonous odor existed can not be doubted, and the decided weight of the testimony is, that it originated from the slaughter-house of the appellant. The boiling of the skins and bones of dead animals in the tank used by him in his estab- lishment, without using the proper disinfectants, no doubt caused the trouble com- NUISANCE LAWS. 21 Sec. 2. The judge of the County Court, or police judge, or any justice of the peace, shall have power to try the offense de- scribed in the first section of this act; and upon complaint, on oath, made by any member of the State Board of Health, or any Local Board of Health of any county, or upon similar complaint by any citizen, shall issue a warrant for the arrest of the party charged, and shall forthwith proceed to try the case. Sec. 3. It shall be the duty of the county attorney of each county to prosecute any person who shall violate the provisions of this act. Sec. 4. In appointing the members of said Board, the gov- ernor shall give due and fair consideration to the several schools or systems of medicine in this State. Sec. 5. This act shall take effect from and after its approval. AMENDED ACT-CHAPTER 714, ACTS 1886. An act to amend an act, entitled " An act to establish a State Board of Health, to provide for the appointment of Local Boards of Health, and a Superintendent of Vital Statistics," approved March 16, 1878, and acts amendatory thereto. Section 1. Be it enacted by the General Assembly of the Common- wealth of Kentucky, That the acts to which this is an amendment shall be so amended as to make it the duty of the council of every city in this State, of ten thousand inhabitants or more, to appoint a board of health for such city, to consist of six persons, not mem- bers of such council, who shall be appointed, as follows: Two persons for a term of one year; two persons for a term of two years ; and two persons for a term of three years ; and at least three of whom shall be competent physicians. The mayor of such plained of. The testimony was perfectly satisfactory that this was the case, and, in this conclusion the Court below has been sus'ained by several witnesses, who testi- fied for the appellant. That a peculiar odor is attached necessarily to such an estab- lishment must be conceded, but when kept cleanly, and the proper disinfectants used, there could not well be such a condition of things as could poison the atmos- phere for several hundred feet distant from the building. The Chancellor has not undertaken to stop the business of the appellant, or to in- terfere in any other manner with the operations of his establishment than to pre- vent him from so using the slaughtered animals, or parts of them, as to create the offensive and poisonous odor of which appellees complained, The judgment is therefore affirmed. 22 NUISANCE LAWS. city shall be ex officio a member of such board of health. Upon the expiration of the term of office of any member of a board of health appointed under this act, his successor shall be appointed for a term of three years. It shall be the duty of the board of trustees or council of every incorporated city, town, or village in this State, of less than ten thousand and more than two thousand five hundred inhabitants, to appoint a board of health for such city, town, or village, to consist of three persons, not members of such board of trustees or council, who shall hold their office for a term of three years, and until their successors have been appointed. Such boards of health shall organize within ten days after their appointment, and shall elect a competent physician, who shall be the health officer of such city, town, or village, and the executive officer of and ex officio a member of such board of health. At the first regular meeting of the Local Boards of Health for the various counties of this State, after the passage of this act, it shall be the duty of such Board to appoint a competent physician, who shall be the health officer of such county, and the executive officer of and ex officio a member of such board of health. This section shall not be so construed as to remove any of the existing boards of health, or health officers, in this State, but the successors of such boards and officers shall be appointed as in this section provided. Sec. 2. A health officer, appointed under this act, shall hold his office for a term of two years, at the pleasure of the board making the appointment, and until his successor has been elected, and shall receive such compensation for his services as may be fixed by the board of health and approved by the council, board of trustees, or County Court of such city, town, village, or county, and in case of the death, resignation, or removal of such health officer, such board of health shall, within ten days thereafter, fill such vacancy as hereinbefore provided. Immediately upon the appointment of a health officer, under this act, the board of health, making the same, shall transmit to the office of the State Board of Health the name and post-office address of such health officer.* •»The health officer should be the secretary of the Board, and should keep a correct record of all of its official acts. The amount of his compensation should be fixed by the Board, based on the duties performed and his faithfulness and efficiency in per- forming them, and should be recommended in writing to the council, board of trus- tees, or County Court. No other member should ask for compensation. SMALL-POX-VACCINATION. 23 Sec. 3. It shall be the duty of the boards of health, constituted under this act, to make quarterly and such other reports as may be required by the State Board of Health, on forms to be prepared and furnished by such State Board, and all the duties, powers, and authority now conferred by law on Local Boards of Health are hereby confirmed and made equally applicable and in force on the city, town, or village boards of health, constituted under this act, and such boards of health shall be entitled to all the assistance from the State Board of Health now received by such Local Boards. Sec. 4. The necessary printing of the State Board of Health shall be done by the public printer, on the same terms and subject to the same restrictions as other public printing is now done. Sec. 5. This act shall be in force from and after its passage, and all acts and parts of acts in conflict with any of the provisions of this act shall be, and are hereby, repealed. II-SMALL-POX-VACCINATION. CHAPTER 102, P. 790-1-2-3, GENERAL STATUTES. ARTICLE I. CONCERNING ITS IMPORTATION. ARTICLE II. VACCINATION. ARTICLE III. CONCERNING THE SPREAD OF SMALL-POX. ARTICLE I.-Concerning its importation. Section 1. If any person shall willfully or designedly import or bring the small-pox or any variolous or infectious matter of the said disease into this Commonwealth from any other country or place whatsoever, or shall cause the same to be done, he shall for- feit and pay the sum of one thousand dollars. ARTICLE II.- Vaccination. Section 1. All persons of the age of twenty-one years and over, who have not been vaccinated, or, if vaccinated, not successfully, shall, within three months after this revision takes effect, procure their own vaccination or re-vaccination, as the case may be. 24 SMALL-POX VACCINATION. Sec. 2. All parents, guardians, and other persons, having the care, custody, or control of any child or children, or who may have in their employ any minor or minors, shall have the same vaccin- ated ; and every parent, guardian, and person, that may have the care, custody, and control of any child born hereafter, shall have said child vaccinated within twelve months after its birth, or after it comes under his or her care, custody, or control. Sec. 3. All persons coming into this State, to abide or become citizens, who have not been vaccinated, or who may have children under their care or control that have not been vaccinated, shall procure the vaccination of themselves and said children within six months after coming into this State. Sec. 4. It shall be the duty of the justice of the peace in each district to give some practicing physician written authority to vac- cinate all persons in the district who are unable to procure vaccin- ation ; and said physician shall furnish to one of the justices giv- ing him said authority, a true list, under oath, of the persons vac- cinated by him, with his charges, which shall be fifty cents for each successful vaccination, and twenty-five cents for each mile neces- sarily traveled in going from and to his home to perform said vac- cination. And the justice shall report the same to the Court of Claims for his county, and said Court shall order said charges to be paid out of the county levy. Sec. 5. The city council of every city and the board of trustees for every town in the State are invested with full power and authority, and are required to make such ordinances, rules, and regulations, with fines and penalties attached, as will secure the vaccination of all the inhabitants of said cities and towns, and provide the necessary means to pay for the vaccination of all pau- pers and destitute persons in same. Sec. 6. The superintendents of the charitable institutions of this State shall have all the inmates of said institutions vaccinated. The keeper of the penitentiary shall have all the convicts in same vac- cinated. Sec. 7. All vaccinations performed under this article shall be with pure vaccine matter. Sec. 8. Each of the persons mentioned in the first and third sections of this article, and each of the parents, guardians, and SMALL-POX VACCINATION. 25 persons mentioned in the second section, for every failure or re- fusal to comply with the requirements imposed on them by the re- spective sections, shall be fined not less than five nor more than twenty dollars for each failure or refusal. Each justice of the peace, member of the city council, or of a board of trustees of a town, and every physician, superintendent of a charitable institu- tion, and keeper of the penitentiary, for every failure or refusal to perform the duties of him by this article, shall be fined not less than twenty nor more than fifty dollars. Sec. 9. All fines imposed by this article to be recoverable in any Court having competent jurisdiction. The fines imposed by this chapter shall, when collected, be paid to the County Court clerk, to be applied by order of the County Court to the payment of the cost of vaccinating the poor of the county; and the clerk and his sureties shall be responsible for the same on his official bond. ARTICLE III.-Concerning the spread of Small-pox. Section 1. Every person superintending a hospital or other place where a patient having the small-pox is confined shall pro- hibit all intercourse therewith of persons not having had the dis- ease, and shall, before discharging a patient, or suffering him to be removed, take due care that his person is thoroughly cleansed, and his clothes, such as have not been infected with the disease, under the penalty of ten dollars. Sec. 2. If any person who has never had the small-pox shall go into a house where the disease is, or associate with a person who is afflicted therewith, any justice of the peace, on due proof of the fact, may cause such person to be conveyed to some house or place in the county where the disease will not spread, there to remain until he shall have gone through the disease, or until a physician shall certify that he will not take the same. If such person be not able to pay the expense of his nursing, the county shall pay the same. Sec. 3. If a person shall willfully endeavor to spread or propa- gate the small-pox, he shall be subject to be indicted and fined the sum of five hundred dollars, or to be imprisoned for six months. Sec. 4. Any person who, having reason at the time to believe himself afflicted with the disease of small-pox, shall voluntarily go 26 SMALL-POX VACCINATION. upon any public highway or street, or to any place to which peo- ple are accustomed to collect or assemble, or who shall enter or go on board any steamboat, railroad car, or other public conveyance, and all persons who shall knowingly aid or assist any one thus to offend, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than one hundred nor more than one thou- sand dollars. AMENDED ACT, APPROVED FEBRUARY 9, 1874, CHAPTER 102, PAGE 991, GENERAL STATUTES. AN ACT TO AMEND CHAPTER 102 OF THE GENERAL STATUTES, TITLE " SMALL-POX." Section 1. Be it enacted by the General Assembly of the Com- monwealth of Kentucky, That sections four, eight, and nine, of ar- ticle two, chapter one hundred and two, of the General Statutes, be, and the same are hereby, repealed. Sec. 2. That section five of article two of said chapter be amended by striking out the words " and are required " from the third line of said section. Sec. 3. That it shall be the duty of the judge of the County Court of each county, whenever, in his opinion, the necessity for such action exists, to call his Court together, and said Court shall have power to give to some practicing physician or physicians of the county written authority to vaccinate all persons in the county who are unable to procure vaccination. The physician so ap- pointed shall furnish to the judge of said Court a true list, under oath, of the persons vaccinated by him, with the charges therefor, which shall not exceed twenty-five cents for each successful vac- cination; and the Judge shall report the same to the Court of Claims for his county, and the Court shall order the charges to be paid out of the county levy. Sec. 4. This act shall be in force from its passage. AMENDED ACT, APPROVED APRIL 1, 1882, CHAPTER 756, PAGE 63, ACTS 1882. AN ACT TO AMEND CHAPTER 102 OF THE GENERAL STATUTES, TITLED " SMALL-POX." Section 1. Be it enacted by the General Assembly of the Common- wealth of Kentucky, That section five of article two of chapter one PEST-HOUSES. 27 hundred and two, of the General Statutes, be amended by insert- ing after the word " authority," in the third line, the words " and are required." Sec. 2. That sections eight and nine of article two of said chap- ter be, and the same are hereby, re-enacted. Sec. 3. That it shall be the duty of the Local Boards of Health? in each county of this Commonwealth, to have the provision of said chapter enforced. Sec. 4. All laws in conflict with chapter one hundred and two of the General Statutes, as herein amended, are hereby repealed. Sec. 5. This act shall take effect from and after its approval. PEST-HOUSES. ACTS 1886, CHAPTER 903, APPROVED MAY 1, 1886. AN ACT TO REGULATE THE LOCATION AND MAINTENANCE OF PEST-HOUSES FOR THE TREATMENT OF ERUPTIVE, OR INFECTIOUS OR CONTAGIOUS DISEASES. Section 1. Be it enacted by the General Assembly of the Common- wealth of Kentucky, It shall not be lawful to locate or maintain any pest-house or other place intended for the treatment of erup- tive diseases, or diseases which are contagious or infectious, within the corporate limits of any incorporated city or town, or within a distance of one mile of the boundary line thereof. Any officer of an/ city or town, or other person, who shall violate the provisions of this act, or in anywise aid or abet therein, shall be deemed guilty of a misdemeanor, and upon conviction thereof, in any court of competent jurisdiction, shall be fined not less than $500 nor more than $1,000, and be liable in damages to any person injured thereby, and if willfully done, such person or his heirs or repre- sentatives may recover punitive damages. Sec. 2. This act to take effect from and after its passage. 28 VITAL STATISTICS. III-VITAL STATISTICS. CHAPTER 72, P. 989-91, GENERAL STATUTES, APPROVED JANUARY 31, 1874. AN ACT TO PROVIDE EOR THE REGISTRATION OF MARRIAGES, BIRTHS, AND DEATHS. Section 1. Be it enacted by the General Assembly of the Com- monwealth of Kentucky, That it shall be the duty of all clergy- men or other persons, who shall hereafter celebrate or perform the marriage ceremony within this Commonwealth, to keep a registry of all marriages celebrated by them, showing the names, ages, residence, and place of birth of the persons married, whether they were single or widowed, and the time of the marriage. Sec. 2. It shall be the duty of all physicians, surgeons, and midwives, to keep a registry of all births and deaths at which they have professionally attended, showing, in cases of birth, the time and place of birth, name of the father and maiden name of the mother, and their residence, sex, and color of the child, to- gether with its name, if it shall receive one, and whether it was born alive or dead ; and showing, in case of death, the time, place, and cause of death, the name, age, sex, color, and condition (whether single, married, or widowed), name and surname of par- ents, occupation, residence, and place of birth of the deceased: Provided further, That when two or more physicians, surgeons, or midwives may have attended professionally at any birth or death, that physician, surgeon, or midwife who is oldest in attend- ance shall make the registry. Sec. 3. It shall be the duty of the clergymen, physicians, etc., above named, to deposit in the county clerk's office of the counties in which such births, etc., occur, on or before the 10th day of Jan- uary, in every year, the said registry, or a copy thereof, embrac- ing the period of one year, ending on the 31st day of December last preceding the time of deposit; and the clerk shall deliver copies of the same to the assessor. Sec. 4. It shall be the duty of the assessors, while making their lists of taxable property, to ascertain and record, in a list separ- VITAL STATISTICS. 29 ate from the list of taxable property, all the births, marriages, and deaths which shall have occurred within their respective counties in the twelve months ending on the 31st day of December last preceding the time of assessment, with all the items of time, place, etc., herein directed to be inserted in the registries above named ; and they shall make strict inquiry of all heads of families, and shall use the registries of clergymen, etc., above named, in order to ob- tain correctly the information herein required. They shall return said lists of births, etc., with the registries of clergymen, etc., aforesaid, to the clerks of the county courts at the time they re- turn their lists of taxable property ; and the clerks shall copy said lists of births, etc., and transmit the copies to the Auditor of Pub- lic Accounts with the lists of taxable property. The clerks shall be paid at the same rates they are paid for copying the lists of taxable property. The assessor shall be allowed two cents for each birth, marriage, or death recorded, as herein directed, to be paid in the same manner as for making the lists of taxable property: Provided, That it shall be lawful for any assessor to record, separately, the time, place, etc., of any birth, marriage, or death which may have occurred prior to the time which the list then being made out embraces, or which may have occurred within this Commonwealth; for every entry so made, the party causing it to be done shall pay to the assessor five cents. Sec. 5. It shall be the duty of the Auditor to make, from all lists of births, marriages, and deaths, so transmitted to him, tabu- ar statements, showing, in condensed form, the information here- in required to be preserved, keeping the statistics of each county separate; and to cause five hundred copies of the same to be printed, in pamphlet form, on or before the first day of January in every year; to transmit not more than five nor less than two copies to each county court clerk's office in this Commonwealth, one of which shall be forever carefully kept in such office, and the re- mainder distributed for the use of the citizens of their respective counties. He shall cause to be printed suitable blanks for the use of assessors, clergymen, physicians, etc., with separate columns for each of the items of information herein required, and send a suf- ficient number of said blanks to the clerks of each county court for distribution. He shall annex to said blanks such instructions as he may deem necessary to secure the faithful execution of this act. 30 VITAL STATISTICS. Sec. 6. To enable the assessors to obtain full and correct infor- mation touching the facts herein required to be ascertained, they shall have full power to swear and interrogate any person in their respective counties for that purpose; and it shall be the duty of all such persons, when thereto required by the assessor, with or with- out oath, to give him fully and truly all the information he or she may possess touching any of said facts. Sec. 7. The several county court clerks shall forever carefully preserve the list of births, etc., and the registries of clergymen, etc., herein required to be returned to them, for the use of the public. Sec. 8. The said lists of births, marriages, and deaths returned to the clerks of the county courts by the assessors, as also the original tabular record herein required to be made and kept by the Auditor, or a duly certified copy of any birth, marriage, or death, from either of them, given and certified by the keeper of such records, shall hereafter be admitted and received in all Courts of this Commonwealth as prima facie evidence of any such birth, marriage, or death therein recorded or so certified. Sec. 9. Any person failing to discharge and perform any of the acts or duties herein imposed and required to be done shall, for every such failure, be fined in a sum not less than five nor more than twenty dollars, to be recovered by warrant before a justice of the peace, or by presentment by the grand jury. Sec. 10. This act to take effect from its passage. AMENDED ACT, APPROVED APRIL 9, 1878, PAGE 991, GENERAL STATUTES. AN ACT TO REPEAL THE PROVISIONS OF CHAPTER 134, ENTITLED "AN ACT TO PROVIDE FOR THE REGISTRATION OF MARRIAGES, BIRTHS, AND DEATHS," APPROVED JANUARY 31,1874, SO FAR AS SAME APPLY TO CLERGYMEN. Section 1. Be it enacted by the General Assembly of the Common- wealth of Kentucky, That the provisions of chapter one hundred and thirty-four, entitled "An act to provide for the registration of marriages, births, and deaths," approved January 31,1874, be, and the same are hereby, repealed, so far as same are made applicable to clergymen in this Commonwealth. EMPIRICISM, ETC. 31 IV. EMPIRICISM.-ACT REGULATING PRACTICE OF MEDICINE AND DENTISTRY-EX- AMINING BOARDS. GENERAL STATUTES, PAGES 970-1-2, APPROVED FEBRUARY 23, 1874. AN ACT TO PROTECT CITIZENS OF THIS COMMONWEALTH FROM EMPIRICISM. Whereas, The people are liable to be imposed upon by charla- tans and incompetent physicians and surgeons; whereas, it is of the highest importance that none but persons with competent qualifications should be allowed to practice a profession to whose skill and ability the life of the individual is intrusted; therefore, Section 1. Be it enacted by the General Assembly of the Common- wealth of Kentucky, That it shall be unlawful for any person, for reward or compensation, within the limits of this State, to practice medicine in any of its departments, to prescribe, or attempt to prescribe, medicine for any sick person, or perform, or attempt to perform, any surgical operation upon any person within said limits, who has not graduated at some chartered school of medicine in this or some foreign country, or who can not produce a certificate of qualification from some one of the boards of examiners pro- vided for in this act, and is not a person of good moral character. Sec. 2. Any person who has been regularly and honorably en- gaged in the practice of medicine, or any of its departments, for ten years, shall be deemed to have complied with the provisions of this act. Any person having been so engaged for five years shall be allowed one year in which to comply with said provisions. Sec. 3. The Governor shall, within sixty days from the passage of this act, appoint five citizens in each and every judicial district in this State-said citizens shall be practicing physicians of ac- knowleged learning and ability, and regular graduates of some chartered medical college-who shall constitute and be styled "The Board of Medical Examiners" for said district, three of whom shall constitute a quorum for the transaction of business. Their term of office shall be four years, beginning the first day of April, 1874, and it shall be the duty of the Governor each four 32 empiricism, etc. years thereafter, and prior to the first day of April, to appoint their successors, who shall have the qualifications herein required. Sec. 4. It shall be the duty of each of said boards to meet and hold annual sessions in their respective districts, at some central convenient place easy of access, to be by them selected, commenc- ing on the first Monday in June of each year, for the purpose of examining all applicants who desire to practice medicine in any of its departments. The examination shall be conducted in such manner and to such extent as the examiners may deem most con- ducive to the interests and wants of the people and the advance- ment of learning in the medical profession, and to embrace the following branches of medical science, viz : Chemistry, anatomy, physiology, obstetrics, surgery, and so much of practical medicine as relates to the nomenclature, history, and symptoms of disease. The several boards may hold extra sessions (if they deem it neces- sary) at any time and place in their respective districts they may think proper. Sec. 5. The examiners shall require all applicants to produce satisfactory evidence of good moral character, and to pay an ex- amination fee of not more than twenty dollars. The sessions of the several boards shall continue long enough to give all who desire it an opportunity to undergo a fair and impartial examina- tion . Sec. 6. The examiners shall grant all applicants who shall be found, upon examination, to possess a fair practical knowledge of the branches named in section four of this act a certificate of qualification, signed by at least three members of said board, which shall entitle the holder thereof, for the time specified, to practice any or all of the branches named in said certificate any- where in said district or adjoining district. Sec. 7. The members of the several boards shall receive, as a compensation for their services, all of the fees paid by applicants for examination before said board. Certificates shall designate the time and the branches the holder thereof shall be entitled to prac- tice, and shall not be granted for a longer period than five years nor a less period than one year. Sec. 8. Any person living in this State, or any person coming into this State, who shall practice medicine, or attempt to practice EMPIRICISM, etc. 33 medicine, in any of its departments, or who shall perform, or attempt to perform, any surgical operation for or upon any person within the limits of this State, for reward or compensation, in vio- lation of the provisions of this act, shall, upon conviction thereof, be fined fifty dollars, and upon each and every subsequent convic- tion be fined one hundred dollars and imprisoned thirty days, or either or both, in the discretion of the jury; and in no case where the provision of this act has been violated shall the person so vio- lating be entitled to receive compensation for services rendered. Sec. 9. Provided, That nothing herein shall be construed as to apply to persons practicing dentistry. Sec. 10. This act shall be in force from its passage. L1WS REGULATING THE PRACTICE OF DENTISTRY-PAGE 927, CHAPTER 30, GENERAL STATUTES. Section 1. Be it enacted by the General Assembly of the Com- monwealth of Kentucky, That it shall be unlawful for any person to practice dentistry in the State of Kentucky for compensation, unless such person has received a diploma from the faculty of a dental college, duly incorporated under the laws of this or any other of the United States or foreign country, or a certificate of qualification issued by the Kentucky State Dental Association : Provided, That nothing in this Section shall apply to persons now engaged in the practice of dentistry in this State. Sec. 2. There shall be a Board of Examiners to consist of three practitioners of dentistry who, together with the president and secretary of the Kentucky State Dental Association, shall be elected by said Dental Association according to its by-laws. Sec. 3. It shall be the duty of said Board of Examiners, so elected, to meet annually, at the time of the meeting of the said Kentucky State Dental Association, or oftener, at the call of any three of the members of said board, or of an applicant for a cer- tificate, to practice dentistry. Sec. 4. Thirty days' notice must be given of the annual meet- ings of said State Association, and previous thereto, that all ap- plicants for certificates to practice dentistry will be granted the same upon satisfactory examination. 3 34 EMPIRICISM, ETC. Sec. 5. The State Kentucky Dental Association shall cause to be kept a book, in which shall be registered the names of all per- sons having certificates to practice dentistry in the State of Ken- tucky, and that the book or books so kept shall be a book or books of record, and a transcript from the same, certified by the officer who has it in charge, with the seal of said Association affixed thereto, shall be evidence in any Court of this Common- wealth. Sec. 6. Three members of said Board of Examiners shall con- stitute a quorum for the transaction of business, and should a quorum not be present on the clay appointed for their meeting, those present may adjourn from day to day until a quorum is present. Sec. 7. Any person who shall, in violation of this act, practice dentistry in the State of Kentucky, for a fee or reward, shall be liable to indictment by the grand jury of the county in which the offense is committed, and, upon conviction, shall be fined in the penal sum of not less than fifty nor more than two hundred dollars for each offense : Provided, That nothing in this act shall be con- strued to prevent physicians or surgeons from extracting teeth. Sec. 8. On the trial of indictments found as aforesaid, it shall be incumbent on the defendant to show that he has authority un- der the law to practice dentistry, to exempt himself from the pen- alty by law prescribed. Sec. 9. That all fines collected under this act shall inure to the benefit of common school education and be added to the fund of each common school in the county in which the offense is committed. Sec. 10. In order to provide a fund for carrying out the pro- visions of the third section of this act, it shall be the duty of the Board of Examiners to collect from all who receive the certificate to practice dentistry a sum not exceeding five dollars each, of which sum, if there be any remaining after paying necessary expenses, the balance shall be paid into the treasury of the said Kentucky State Dental Association, to be kept as a fund for the purpose of carrying out more fully and perfectly the provisions of this act. Sec. 11. The Board of Examiners shall receive such remunera- tion for their services as the by-laws of said Kentucky Dental Association may provide. Sec. 12. This act shall take effect and be in force from and after its passage. EMPIRICISM, ETC. 35 AMENDED LAW.-ACTS 1886, CHAPTER 1017. AN ACT TO AMEND THE CHARTER OF THE KENTUCKY STATE DENTAL ASSOCIATION. APPROVED MAY 10, 1886. SAID ACT READS AS FOL- LOWS, viz: Section 1. Be it enacted by the General Assembly of the Com- monwealth of Kentucky, The Board of Examiners of the Ken- tucky State Dental Association shall keep a record, in which shall be registered the names and residence or place of business of all persons authorized under this act to practice dentistry or dental surgery in this State. Sec. 2. Every person now legally engaged in the practice of dentistry or dental surgery in this State, at the time of the pass- age of this act, shall, within six months thereafter, cause his name and residence or place of business to be registered with said Board of Examiners, upon which, said board shall issue a certificate to such person, duly signed by a majority of the members of said board, and which certificate shall entitle the person to whom it is issued to all the rights and privileges set forth in section one of an act approved April 8, 1878, to amend an act entitled, "An Act to incorporate the Kentucky State Dental Association." Sec. 3. Any person desiring to commence the practice of den- tistry or dental surgery within this State, after the passage of this act, shall, before the commencement of such practice, undergo a satisfactory examination before the Board of Examiners of the Ken- tucky State Dental Association, or file for record, in a book kept for such purpose with said Board of Examiners, his diploma, or a duly authenticated copy thereof, the validity of which the board shall have power to determine. If such diploma is accepted or the applicant stands a satisfactory examination, said board shall issue to such person a certificate duly signed by all, or a majority, of said board, and which certificate shall entitle the person to whom it is issued to all the rights and privileges set forth in section one of an act approved April 8, 1878, to amend an act entitled, "An Act to incorporate the Kentucky State Dental Association: " Pro- vided, That nothing in this amendment shall be so construed as to prevent physicians or surgeons from extracting teeth. 36 medicines and poisons, etc. Sec. 4. Any person who shall, in violation of this act, practice dentistry or dental surgery in the State of Kentucky, for fee or reward, shall be subject to indictment by the grand jury of the county in which the offense is committed, and upon conviction shall be fined in the sum of not less than fifty dollars nor more than two hundred dollars for each offense. Sec. 5. All acts or parts of acts in conflict with this act are hereby repealed. Sec. 6. This act shall take effect from and after its passage. V. MEDICINES AND POISONS-DRUGGISTS-STATE BOARD OF PHARMACY. CHAPTER 75. PAGE 993-9, GENERAL STATUTES. APPROVED MARCH 18, 1876. AN ACT TO AMEND AN ACT ENTITLED, " AN ACT TO REGULATE THE SALE OF MEDICINES AND POISONS," APPROVED FEBRUARY 21, 1874. Section 1. Be it enacted by the General Assembly of the Com- monwealth of Kentucky, It shall be unlawful for any person, unless a registered pharmacist, or registered assistant pharmacist in the employ of a registered pharmacist, or unless acting as an aid un- der the immediate supervision of a registered pharmacist, or a registered assistant pharmacist, within the meaning of this act, to retail, compound, or dispense medicines or poisons, except as here- inafter provided. Sec. 2. Any person, in order to be a registered pharmacist in the meaning of this act, shall be either a graduate of pharmacy, a practicing pharmacist, or a practicing assistant in pharmacy. Graduates in pharmacy shall be such as have obtained a diploma from a regularly incorporated college of pharmacy. Practicing pharmacists shall be such persons as, at or prior to the passage of this act, have kept and continue to keep open shops for compound- ing and dispensing the prescriptions of medical practitioners, and for the retailing of drugs and medicines, and who shall have de- clared their intentions in writing of keeping open shops for the compounding of prescriptions of medical practitioners and the re- MEDICINES AND POISONS, ETC. 37 tailing of drugs and medicines, and such other persons who, after the passage of this act, shall have declared their intentions in writ- ing to open a shop for compounding and dispensing the prescrip- tions of medical practitioners, and for retailing drugs and medi- cines, shall have at least three years of practical experience in the business, and shall have passed a satisfactory examination before the State Board of Pharmacy. Practicing assistants in pharmacy shall be such persons as shall have served five years immediately preceding the passage of this act in a shop or shops where the pre- scriptions of medical practitioners are compounded, and such other persons as have served three years' apprenticeship in a shop or shops where the prescriptions of medical practitioners are com- pounded, have furnished a certificate of sober habits and good moral character from the county judge of the county in which he resides, and shall have passed a satisfactory examination before the State Board of Pharmacy. Sec. 3. The State Board of Pharmacy shall consist of seven (7) persons, and immediately after the passage of this act, the Gov- ernor shall appoint, from among the most skillful pharmacists of the State, the first board of pharmacy; and on the first Monday in July of every third year thereafter, the Governor shall appoint the State Board of Pharmacy from the registered pharmacists of the State, the Louisville College of Pharmacy to recommend to the Governor ten persons, members of said College of Pharmacy, four of whom shall be appointed on the State Board of Pharmacy. All vacancies by death, resignation, or removal from the State, shall be filled by the board from the registered pharmacists of the State. Sec. 4. Four members of said board shall constitute a quorum. Said board shall organize by the election of a president and sec- retary, both of whom shall sign all certificates and all other official documents. Said board shall meet twice a year, on the second Thursday in January and second Thursday of July, and shall have power to make by-laws and al] necessary regulations for the proper fulfillment of their duties under this act. The secretary of said board shall also be Registrar of Pharmacy. The duties of said board shall be to examine all applicants for registration, to direct the registration by the registrar of all persons properly qualified or entitled thereto, and report to each session of the General As- 38 MEDICINES AND POISONS, ETC. sembly on the condition of pharmacy, together with the names of all registered pharmacists and assistant pharmacists. Sec. 5. The duties of the registrar of pharmacy shall be to keep a book in which shall be entered, under the supervision of the State Board of Pharmacy, the name and place of business of every person who shall apply for registration. It shall also be the duty of the registrar to duly note the fact against the name of any registered pharmacist or assistant pharmacist who may have died, or removed from the State, or disposed of or relinquished his business, and to make all necessary alterations in the locations of persons registered under this act. Sec. 6. Every person. applying for registration under this act shall pay to the State Board of Pharmacy ten dollars, and, if qual- ified, shall be furnished, free of expense, with a certificate of reg- istration. Any registered assistant pharmacist may, with the con- sent of said board, be entitled to registration as a registered phar- macist, and shall be furnished with a certificate of registration, for which certificate he shall pay the registrar one dollar. Sec. 7. Any person may own and keep an open shop for com- pounding and dispensing the prescriptions of medical practition- ers, and for the retail of drugs and medicines; but such business shall actually be conducted by a registered practicing pharmacist. Sec. 8. Any person not a registered pharmacist who shall, after the passage of this act, take, use, or exhibit the title of registered pharmacist, or any person who shall violate any of the provisions of this act, shall, upon the first conviction, be sentenced to pay a fine of fifty dollars, and upon the second and every subsequent conviction shall be sentenced to pay a fine of one hundred dollars. Sec. 9. The fees received for examination, registration, and cer- tificates, and all fines under this act, shall be appropriated to de- fray the expenses of the State Board of Pharmacy. Sec. 10. This act shall not apply to any town or city of less than five thousand inhabitants. Sec. 11. Nothing in this act shall be construed to apply to any practitioner of medicine. Sec. 12. This act to take effect on and after July the 15th, 1876 * * The foregoing act impliedly repeals the act of February 21,1874, which is there- fore omitted. MEDICINES AND POISONS, ETC. 39 AMENDED ACT APPROVED MAY 5, 1880. AN ACT TO REGULATE THE SALE OF POISONS IN THIS COMMONWEALTH. Section 1. Be it enacted by the General Assembly of the Com- monwealth of Kentucky: It shall be unlawful for any person to sell, either by wholesale or retail, any poison without distinctly labeling the bottle, box, or paper, and wrapper or cover in which said poison is contained, with the name of the article, the word poison, and the name and place of business of the seller. Sec. 2. It shall likewise be unlawful for any person to sell any poison without being satisfied that the buyer has attained his law- ful majority, and that the poison is purchased for legitimate use. Sec. 3. It shall be the duty of every person selling a poison at retail, before delivering the same to the buyer, to make, or cause to be made, an entry in a book kept for that purpose only, stating in the form set forth in schedule A, annexed to this act, the dates of sale, the name and address of the purchaser, the name and quantity of the article sold, and the purpose for which it is stated by the purchaser to be required; and such book is to be preserved for at least five years after the date of the last entry, and is to be always open to the inspection of the coroner, and the officers of the different courts. Sec. 4. Be it provided, That no article shall be considered a poison, within the meaning of this act, unless such article be enumerated in schedule B, annexed to this act, or shall hereafter be declared a poison by law. Sec. 5. Be it also provided, That nothing hereintofore con- tained shall apply to, or in any manner interfere with, the com- pounding and dispensing of medicines and poisons upon the pre- scription of medical practitioners. Sec. 6. Any person who shall violate any of the provisions of this act shall be sentenced, upon conviction, to pay a fine of not less than ten dollars nor more than one hundred dollars for each offense. Sec. 7. This act shall take effect from and after its passage. Approved May 5, 1880. 40 MEDICINES AND POISONS, ETC. Schedule J. Form in which dealers in poison shall keep their poison book: Date. Name of pur- chaser. Name and quan- tity of poison sold. For what pur- pose said to be required. Remarks. Schedule B. The following articles shall be considered poisons within the meaning of the "Act to regulate the sale of poisons:" Aconite root and leaves, and the following products-and prepa- rations made from them: Aconitia and its salts, extract, fluid extract, tincture. Arsenic, and the following compounds and preparations: Ar- senic acid and its salts, arsenious acid ami its salts, arsenic iodide, Donovan's solution, Fowler's solution, hydrochloric solution of arsenic, solution of arsenite of sodium, Paris green. Belladonna root and leaves, and the following products and preparations made from them : Atrophia and its salts, extract, fluid extract, tincture. Cannabis Indica, and the following preparations made from it: Extract, fluid extract, tincture. Cantharides and the tincture. Cotton root and root bark, and all its preparations. Croton oil. Cyanide of potassium. Digitalis, and the following products and preparations made from it: Digitalis, extract, fluid extract, tincture. Ergot, and all of its preparations. Fish berries, and all of its preparations. Hydrocyanic acid. Mercuric ammonia-chloride (white precipitate). Mercuric chloride (corrosive sublimate). Mercuric iodide (red iodide of mercury). Mercuric nitrate (salt and its solutions). Mercuric oxide (red and yellow precipitate). Nux vomica, and the following products and preparations made from it: Strychnia and its salts. Brucia and its salts, extract, fluid extract, tincture. Opium, and the following products and preparations made from it: Morphia and its salts, tincture (laudanum and deodo- rized), acetic tincture, wine, vinegar, extract, Battly's sedative, solution of bi-meconate of morphia, solution of morphia. Savine and the fluid extract. Veratria. MEDICINES AND POISONS, ETC. 41 Veratrum viride and veratrum album, and the following prepa- rations made from them: Fluid extract, extract, tincture. Vola- tile oil of bitter almonds. Volatile oil of pennyroyal. Volatile oil of savine. Volatile oil of tansy. Proprietary or secret medi- cines recommended, sold, or advertised as emmenagogues or par- turients, and all such as are known or advertised to contain a large proportion of opium or other powerful narcotic. LAWS REGULATING THE SALE OF MORPHINE AND OPIUM. ACTS 1886, CHAPTER 1037, APPROVED MAY 12, 1886. AN ACT TO REPEAL AN ACT, ENTITLED "AN ACT PRESCRIBING THE MAN- NER OF SELLING SULPHATE AND OTHER PREPARATIONS OF MORPHINE AND OPIUM IN THIS STATE, AND FOR OTHER PURPOSES," APPROVED FEBRUARY 19, 1886, AND TO PRESCRIBE THE MANNER OF SELLING THE SULPHATE AND OTHER PREPARATIONS OF MORPHINE IN THIS STATE. Section 1. Be it enacted by the General Assembly of the Com- monwealth of Kentucky : That an act, entitled "An act prescribing the manner of selling the sulphate and other preparations of mor- phine and opium in this State, and for other purposes," approved February 19,1886, be, and the same is hereby, repealed. Sec. 2. That on and after the first day of September, 1886, it shall not be lawful for any druggist or other dealer in drugs and medicines to sell, or offer for sale, any sulphate or other salts of mor- phine, in any bottle, vial, envelope, or other package, unless the same shall be wrapped in a scarlet paper or envelope, and all bot- tles or vials used for the above purpose shall have, in addition to said scarlet wrapper, a scarlet label, lettered in white letters, plainly naming the contents of said bottle. Sec. 3. That any one violating the provisions of the second sec- tion hereof shall be guilty of a misdemeanor, and on conviction thereof, shall be fined not less than ten nor more than fifty dollars for each and every violation. Sec. 4. All acts and parts of acts in conflict with this act are hereby repealed. 42 INSPECTIONS AND ADULTERATIONS, ETC. VI. INSPECTIONS AND ADULTERATIONS OF FOODS AND DRINKS-ILLUMINATING OILS. MEAT-BREAD-MILK-LIQUORS-CANDIES. ARTICLE XVII, CHAPTER 29, PAGE 346, GENERAL STATUTES. Section 22. If a butcher or other person shall knowingly sell the flesh of any animal dying otherwise than by slaughter, or slaughtered when diseased, or shall sell the flesh as of one animal, knowing it to be that of another species; or if a baker, brewer, distiller, or other person, knowingly sell unwholesome bread or drink, he shall be fined not less than one nor more than fifty dol- lars. Sec. 23. If any person adulterate, for the purpose of sale, any- thing intended for food or drink, or any drug or medicine, with any substance injurious to health, he shall be confined in jail not more than oue year, or fined not exceeding five hundred dollars, or both ; and the adulterated articles, by order of the Court, shall be destroyed. Sec. 24. Whoever shall knowingly sell, or cause to be sold, to any person in this State, milk diluted with water, or in any way adulterated, or milk from which any cream has been taken, or sell milk commonly known as " skimmed milk," with intent to de- fraud, or shall knowingly sell any milk the product of a diseased animal, or from animals fed upon " still slop," " brewers' slop," or "brewers' grains;" or shall knowingly use any poisonous or dele- terious material, or milk from animals diseased or fed as aforesaid, in the manufacture of butter or cheese, shall be fined in any sum not less than twenty-five nor more than two hundred dollars. Sec. 25. Any person or persons who shall manufacture or knowingly vend any candies or sweetmeats containing poisonous or noxious ingredients, shall, for each offense, be fined in any sum not less than fifty nor more than one hundred dollars. INSPECTIONS AND ADULTERATIONS, ETC. 43 CHAPTER 59, PAGES 556-61, GENERAL STATUTES. ARTICLE I. Inspection Warehouse-How Established and Conducted. Section 1. An inspection warehouse outside of a city may be established by the County Court of the county wherein it is located, upon the application of any person entitled as owner or lessee; but the same shall not be established, unless the warehouse be built of such material, and in such manner, as to prevent injury to articles stored therein. Sec. 2. Scales, steelyards, or patent balance, with suitable weights sufficient to weight at least one ton, shall be provided as appurtenant to the warehouse. Sec. 3. If the warehouse be within a city, the same may be es- tablished as an inspection warehouse, and inspectors appointed by the city council, otherwise by the County Court. They shall be three in number, and remain in office until removed by the Court for misconduct, negligence, or incompetency. They shall take an oath faithfully to discharge their duty, and enter into covenant with the Commonwealth, with good surety, to be approved by the Court, conditioned for the faithful discharge of all duty as inspect- ors, upon which suit may be brought by any person aggrieved. Sec. 4. When required by the owner or lessee of the warehouse, the inspectors, or some two of them, shall attend at the warehouse, and upon request of the owner of the commodity, and not other- wise, shall inspect any tobacco, flour, salted beef or pork, lard, spirituous liquors, imported salt, or hydro-carbon oils, or oils made from coal, petroleum, or well oil, for illuminating purposes, or such of them as by their appointment they are authorized to inspect; and to this end it shall be lawful for the Court to appoint inspect- ors for the different articles above named, and to designate in the order of appointment those articles of which the person is to be inspector. 44 INSPECTIONS AND ADULTERATIONS, ETC. Sec. 5. Except the article of oil for illuminating purposes, no penalty shall be incurred for the sale or exportation thereof with- out inspection. Sec. 6. Upon all articles inspected, except tobacco and salt, there shall be noted by the inspectors the quality and grade, or that it is condemned. Sec. 7. All oils, or other product of coal, petroleum, or well oil, made or intended for illuminating purposes, manufactured in this Commonwealth, or brought into it for sale, shall, before the same is sold, be duly inspected. Sec. 8. The quality of said oils shall be tested by the application of heat; and that all of said oils that will, at a less temperature than 150 degrees, Fahrenheit's thermometer, give out or produce an explosive vapor, shall be deemed unsafe, and the cask or other thing containing the same shall be so marked by the inspector; otherwise, it shall be marked "safe." Sec. 9. "Whoever shall sell, or offer to sell, oil in any quantity, the product of coal, petroleum, or well oil, for illuminating pur- poses, without first having the same duly inspected, or shall, after the said oils have been found to be unsafe by the inspector, sell, or offer to sell, the same for illuminating purposes, shall be fined twenty dollars for each cask or quantity so sold, or offered to be sold. Sec. 10. The fees of inspectors shall be as follows: For every hogshead of tobacco thirty-seven and one-half cents; for each barrel of flour, three cents, half-barrel, two cents ; for each barrel of salt, three cents; for a sack of salt, two cents ; for inspecting and packing each barrel of beef or pork, twenty cents; for each half-barrel, twelve cents; and for each keg or firkin of lard, two cents ; for a single barrel or cask of liquor, twelve and one-half cents; for more than one and less than five, seven cents each; and for five or more, five cents each; for inspecting a single cask or package of oil, the inspector shall be allowed fifteen cents ; for more than one and less than five, ten cents; and for five or more, five cents each. ARTICLEII.-Penalties, etc. Section 1. If any inspector shall deal in or purchase, otherwise than for his own use, any article of which he is appointed inspector, or be directly or indirectly interested in the purchase of any such INSPECTIONS AND ADULTERATIONS, ETC. 45 article when condemned, he shall be fined five dollars for each bar- rel, cask, keg, firkin, or package so bought or dealt in by him. Sec. 2. An inspector shall be liable to the party aggrieved for the incapacity, neglect, fraud, or misconduct of himself or deputy as inspector; and, furthermore, for every willful neglect or breach of duty, and every act of partiality or fraud as inspector, he or his deputy shall be fined fifty dollars, removed from office, and dis- qualified from again holding such office. Sec. 3. If any person shall willfully use or imitate the brand oi mark of another on the barrel or cask of any such article, or shall pack or put such article in a barrel, cask, box, keg, or firkin pre- viously branded with the mark or name of another, or shall alter, erase, or obliterate the brand or mark made by an inspector on an inspected hogshead, barrel, cask, keg, or firkin, or shall shift or change the contents of the same after inspection, or shall mark or brand with the mark or brand of an inspector, or with an imita- tion thereof, any article subject to inspection which has not been inspected, and shall sell, or offer to sell, the same, he shall, for every such offense of false marking, using, packing, changing, or shifting, be fined twenty dollars; and for every such fraudulent erasure, alteration, or counterfeiting of the brand or mark of an inspector shall incur the penalties prescribed against forgery. Sec. 4. Whoever shall sell or offer to sell any barrel or other package of such article, knowing the article not to be of the weight or quantity, after allowing for ordinary waste or loss of weight, that is required by law, or that is marked or branded thereon, shall be fined ten dollars for every barrel or package so sold or offered for sale. Sec. 5. Every tobacco or other inspector who shall exact, de- mand, or receive any more than the legal fee or other compensa- tion for inspecting shall, for every hogshead, barrel, or package, upon which he exacts, demands, or receives such higher fee or other compensation, be fined five dollars, removed from office, and disqualified from being again inspector. Sec. 6. Whoever shall, knowingly, sell or attempt to sell, any hogshead, barrel, or other package of tobacco, liquor, salt, beef, pork, or lard, which is falsely packed or filled, or the staves or headings of which are falsely made, with a view to cheat a pur- 46 INSPECTIONS AND ADULTERATIONS, ETC. chaser as to weight or quantity, or shall so pack, till, or prepare a hogshead, barrel, or other package, with such intent, shall be fined ten dollars for every such hogshead, barrel, or other package. Sec. 7. It shall be the duty of every inspector to have an offender prosecuted for any of the penalties incurred under this chapter ; and his willful neglect so to prosecute shall be deemed a breach of his official duty. Sec. 8. If a person knowingly sells or buys, or prepares for sale, any wine or liquor containing any adulteration, by mixing therewith coculus indicus, tobacco, soap, vitriol, logwood, or any injurious drug or chemical preparation, he shall be fined not more than five hundred dollars for each offense, or not less than twenty for every gallon of wine or liquor so adulterated. First: When an inspector finds any wine or liquor so adulter- ated, he shall mark the cask, " condemned for impurity ; " when he suspects it to be so adulterated, he shall cause it to be analyzed by a skillful chemist, at the cost of the owner, and ascertain whether it contains anything impure, or other than the extract of the grain or fruit from which it was or ought to have been made. Second : In all prosecutions against wholesale dealers under this section, the fact of rectifying the wine or liquor shall be deemed prima facie evidence of knowledge of adulteration on the part of the dealer. Sec. 9. No provision of this chapter shall be construed to con- travene or appeal any law on the subject of inspections applicable to any city in this Commonwealth. 47 INSPECTION OF ILLUMINATING OILS. INSPECTION OF ILLUMINATING OILS. CHAPTER 59, PAGE 560, GENERAL STATUTES. AN ACT TO AMEND ARTICLE I. OF CHAPTER 59 OF THE GENERAL STAT- UTES, AND TO REPEAL AN ACT ENTITLED " AN ACT TO REGULATE THE SALE AND STORAGE OF OILS MADE FROM COAL, PETROLEUM, OR OTHER BITUMINOUS SUBSTANCES, AND FOR THE BETTER PROTECTION OF LIFE AND PROPERTY," APPROVED MARCH 21, 1870, AND THE ACTS AMEND- ATORY THERETO, SEVERALLY APPROVED FEBRUARY 24, 1873, AND MARCH 8, 1873, AND FURTHER REGULATE THE INSPECTION AND GAUG- ING BURNING FLUIDS. Section 1. Be it enacted by the General Assembly of the Common- wealth of Kentucky, That all oils and fluids, the product of coal, petroleum, or other bituminous substances, by whatever name called, which may or can be used for illuminating purposes, manu- factured in this State or brought into it, before the same is con- sumed, used, or sold to merchants or consumers within this State, shall be inspected by an authorized inspector of this State. Sec. 2. The judge of the County Court of each county of this State may appoint an inspector in his respective county to carry out the provisions of this law. The inspector shall remain in office until removed by the Court for misconduct, negligence, or incompetency, and shall take an oath faithfully ami to the best of his ability to discharge the duties of his office. An inspector may appoint an assistant or deputy, who may perform, under his direc- tions, and for such time as he may designate, any and all the duties of an inspector under this act. Sec. 3. An inspector, in the performance of his duties, shall use the standard instruments in use for that purpose, and shah test all oils as follows : First: The water cup should have sufficient water in it to rise two-thirds up the side of the oil cup. < Second: Fill the oil cup with oil to be tested to within one- eighth of an inch to the top. Third : Suspend the thermometer so the bulb is just under the surface of the oil. 48 INSPECTION OF ILLUMINATING OILS. Fourth: Use an alcohol lamp to heat the water bath, and before placing the light under the water cup, test the oil in the oil cup by bringing a lighted match in contact with the surface of the oil. If it does not ignite, place the lamp under the water cup, and slowly heat the oil, not slower than one degree of the ther- mometer in a minute, nor faster than two degrees of the thermom- eter in a minute, moving a lighted match across the surface of the oil at each degree the thermometer rises, not more than three- eighths of an inch from the surface of the oil. If the oil should flash, that is, a little gas burn on the surface and go out again, remove the lamp, and as soon as the thermometer ceases to rise, test the oil; and should it not ignite, replace the lamp and test the oil each degree the thermometer rises till the oil ignites or perma- nently burns. As soon as the oil ignites or permanently burns, the degree indicated by the thermometer is the fire-test of the oil. The flame moved across the surface of the oil should not exceed that of an ordinary match. Sec. 4. All oils and fluids specified in section one of this act that ignite or permanently burn at a temperature of 130 degrees Fahrenheit and upward shall be approved by the inspector; and the barrels, casks, or packages containing the same shall be branded or marked by him with his name, official character, and the words "standard oil;" and all oils and fluids aforesaid that ignite or per- manently burn at a less temperature than 130 degrees Fahrenheit shall be condemned by the inspector, and the barrels, casks, or packages containing the same shall be branded or marked by him with his name, official character, and the words " unsafe for illum- inating purposes." Sec. 5. If any person or persons in this State shall use or sell to merchants or consumers within this State any of the oils or fluids specified in section one of this act, without first having the same inspected by an authorized inspector of this State, and the barrels, casks, or packages containing the same branded or marked by him as provided in section four of this act, said person or per- sons so offending shall be punished by a fine of twenty dollars for each barrel, cask, or package of oil or fluids aforesaid so used or sold to merchants or consumers within this State without same being inspected and branded. Five per cent, of the penalty recov- INSPECTION OF ILLUMINATING OILS. 49 ered shall go to the inspector in lieu of his- fees, and the balance to the State. Sec. 6. If any person or persons in this State shall sell or offer to sell, to be consumed or used in this State for illuminating pur- poses, any of the oils or fluids specified in section one of this act, that will ignite or permanently burn at a temperature of less than one hundred and thirty degrees Fahrenheit, or shall sell or offer for sale, to be consumed in this State for illuminating purposes, any of the oils and fluids aforesaid which have been condemned by an authorized inspector of this State, and the barrels, casks, or packages containing the same been branded or marked by him "unsafe for illuminating purposes," the person or persons so offending shall be guilty of a misdemeanor, and, on conviction, be punished by a fine not exceeding five hundred dollars, and the oils and fluids be forfeited and sold, and the proceeds go to the State. Sec. 7. Any dealer in, or manufacturer of, oils or fluids specified in section one of this act, who shall refuse to admit an inspector or his deputy upon his premises, so far as it may be necessary for the performance of his duties, or shall obstruct an inspector or his deputy in the performance of his duties, shall, for each refusal to admit on his premises or obstruction offered to inspection, be fined for each offense not less than twenty dollars nor exceeding fifty dollars. Sec. 8. The word "manufacturer," as used in this act, shall mean, besides distillation by the usual process, also any mixing of oils and fluids of different fire-tests, by which the fire-test of the oils or fluids so mixed is changed. Sec. 9. The inspector shall receive, as compensation for all oils or fluids aforesaid tested by him, ten cents a barrel, to be paid by the party for whom his services shall be rendered. Sec. 10. The inspector of oils and fluids shall, e.r officio, be gauger of liquors, oils, molasses, syrups, and other fluids, and in the performance of his duties shall use the standard measurements in use for that purpose ; and he shall brand or mark all barrels or casks gauged by him with his name, official character, and the ca- pacity of the package, and shall have the following fees, to be paid by the party for whom his services shall be rendered : For gauging (including proving, when necessary) whisky, oils, molasses, or 4 50 INSPECTION OF ILLUMINATING OILS. syrups, a barrel or cask, seven and a half cents; and for a single barrel of each, fifteen cents. For gauging varnishes and turpen- tine, fifteen cents a barrel, pipe, or half pipe. For ullaging sepa- rate from gauging, five cents a barrel. For proving without gaug- ing, five cents a barrel. For gauging any liquids not named, same as whisky. For removing the bungs from barrels of oils, the prod- uct of coal, petroleum, or other bituminous substances, and the placing of new bungs, five cents for each barrel or cask: Provided., The owner may remove and replace the bungs without any charge by the inspector. Sec. 11. All inspectors of oils and fluids now in office under the law repealed shall continue in office under this act, the same as if appointed under it after its passage. Sec. 12. That so much of article one of chapter fifty-nine of the General Statutes that relates to oils, the product of coal, petroleum, or well-oil, and all of an act to regulate the sale and storage of oil made from coal, petroleum, or other bituminous substances, and for the better protection of life and property, approved March 21, 1870, and the acts amendatory to the same, approved severally February 24,1873, and March 8,1874, be, and the same are hereby, repealed. Sec. 13. The above act shall take effect sixty days from and after its passage. Approved February 21, 1874. CHAPTER 856, P. 99, ACTS 1873. AN ACT TO AMEND AN ACT IN REFERENCE TO THE INSPECTION, SALE, AND STORAGE OF OILS MADE FROM COAL, PETROLEUM, ETC., APPROVED FEBRUARY 21, 1874. Section 1. Be. it enacted by the General Assembly of the Com- monwealth of Kentucky: That section two of the above recited act be amended by adding the following: That inspectors shall per- form their duties in the county of their appointment. Sec. 2. That section six be amended by adding the following: Any one may use any of said oils or fluids, after being tested of a fire-test of less than one hundred and thirty degrees Fahrenheit, in the manufacture of gas, by either a portable or stationary gas INSPECTION OF ILLUMINATING OILS. 51 works, where the gas is conveyed through pipes, and burnt through burners as ordinary coal gas is burnt, without incurring the penal- ties provided in this act. Sec. 3. If any person shall refill, buy, or receive, or shall sell and deliver any empty coal oil barrels, without first erasing all marks or brands now required by law to be marked or branded on a barrel by a county inspector, shall be guilty of a misdemeanor; and for each barrel so filled with oil sold and delivered, or bought and received, shall be fined fifty dollars, to be recovered by indict- ment, one-fourth of the penalty recovered to go to the informer, and the balance to the State. Sec. 4. This act to take effect from its passage. Approved April 8, 1878. CHAPTER 1150, ACTS 1886. AN ACT TO PHO VIDE AGAINST DANGERS FROM CARBON AND PETROLEUM OILS, AND TO PROVIDE FOR GAUGING OF OILS, NAPHTHA, AND TURPENTINE. APPROVED MAY 15, 1886. SAID ACT READS AS FOLLOWS, VIZ : Section 1. Be it enacted by the G-eneral Assembly of the Com- monwealth of Kentucky, That all oils and fluids, the product of coal, petroleum, or other bituminous substances, by whatever name called, which may or can be used for illuminating purposes, manufactured in this State, or brought into it, before the same is consumed, used, or sold to merchants or consumers within this State, shall be inspected by an inspector of this State. Sec. 2. The judges of the County Court of each county of this State may appoint an inspector in their respective counties to carry out the provisions of this law. The inspector shall remain in office for four years unless removed by the Court for miscon- duct, negligence, or incompetency, and shall take an oath faithfully and to the best of his ability to discharge the duties of his office. An inspector may appoint an assistant or deputy who may perform, under his direction, and for such times as he may designate, any and all the duties of an inspector under this act. Sec. 3. An inspector, in the performance of his duties, shall use the standard instruments in use for that purpose, and shall test all oils as follows : 52 INSPECTION OF ILLUMINATING OILS. First: The water cup shall have sufficient water in it to rise two-thirds up the side of the oil cup. Second: Fill the oil cup with oil to be tested to within one- eighth of an inch of the top. Third: Suspend the thermometer so the bulb is just under the surface of the oil. Fourth : Use an alcohol lamp to heat the water-bath, and before placing the light under the water cup, test the oil in the oil cup by bringing a lighted match in contact with the surface of the oil. If it does not ignite, place the lamp under the water-cup, and slowly heat the oil, not slower than one degree of the thermometer in a minute, nor faster than two degrees of the thermometer in a min- ute, moving a lighted match across the surface of the oil at each degree the thermometer rises, not more than three-eighths of an inch from the surface of the oil. If the oil should flash, that is, a little gas burn on the surface, and go out again, remove the lamp, and as soon as the thermometer ceases to rise, test the oil; and should it not ignite, replace the lamp and test the oil each degree the ther- mometer rises till the oil ignites or permanently burns. As soon as the oil ignites, or permanently burns, the degree indicated by the thermometer is the fire-test of the oil. The flame moved across the surface of the oil should not exceed that of an ordinary match. Sec. 4. All oils and fluids specified in section one of this act that ignite or permanently burn at a temperature of one hundred and thirty degrees Fahrenheit and upward shall be approved by the inspector; and the barrels, casks, or packages containing the same shall be branded or marked by him with his name, official character, and the words " approved fire-test," and all oils and fluids aforesaid that ignite or permanently burn at a less temperature than one hundred and thirty degrees Fahrenheit shall be con- demned by the inspector, and the barrels, casks, or packages con- taining the same shall be branded or marked by him with his name, official character, and the words, " unsafe for illuminating pur- poses." Sec. 5. If any person or persons in this State shall use or sell to merchants or consumers, within this State, any of the oils or fluids specified in section one of this act, without first having the same inspected by an authorized inspector of this State, and the barrels, INSPECTION of illuminating oils. 53 casks, or packages containing the same branded or marked by him as provided in section four of this act, said person or persons so of- fending shall be punished by a fine of twenty dollars for each bar- rel, cask, or package of oils or fluids aforesaid so used or sold to merchants or consumers within the State, without same being in- spected and branded. Fifty per cent, of the penalty recovered shall go to the inspector in lieu of his fees, and the balance to the State. Sec. 6. If any person or persons in this State shall sell, or offer to .sell, to be consumed or used in this State for illuminating pur- poses, any of the oils or fluids specified in section one of this act, that will ignite or permanently burn at a temperature less than one hundred and thirty degrees Fahrenheit, or shall sell or offer for sale, to be consumed in this State for illuminating pur- poses, any of the oils and fluids aforesaid, which have been con- demned by an authorized inspector of this State, and the barrels, casks, or packages, containing the same been branded or marked by him " unsafe for illuminating purposes," the person or persons so offending shall be guilty of a misdemeanor, and, on conviction, be punished by a fine not exceeding one hundred dollars, and the oils and fluids be forfeited and sold, and the proceeds go to the State. Sec. 7. Any dealer in, or manufacturer of, oils or fluids, speci- fied in section one of this act, who shall refuse to admit an in- spector or his deputy upon his premises, so far as it may be neces- sary for the performance of his duties, or shall obstruct an in- spector or his deputy in the performance of his duties, shall, for each refusal to admit on his premises, or obstruction offered to in- spection, be fined for each offense not less than twenty nor exceed- ing fifty dollars. Sec. 8. As full compensation for his services the inspector shall receive for inspecting said oils, in quantities in bulk of four thou- sand (4,000) gallons or more, ten (10) cents per barrel of fifty gal- lons. If inspected in barrel's, the inspector shall receive twenty cents per barrel for inspecting in lots of fifty barrels or more, and thirty cents per barrel for inspecting in lots of less than fifty bar- rels at one time. Sec. 9. All inspectors shall execute a bond to the Common- wealth of Kentucky in the sum of one thousand dollars ($1,000), with security as shall be approved by the judge of the county 54 INSPECTION OF ILLUMINATING OILS. making the appointment, which bond shall be for the use of all persons in any way aggrieved or injured by the acts or neglect of such inspector, or any deputy or assistant appointed by an inspec- tor under this act. This bond shall be filed in the office of the county clerk in the county of his appointment, and any one ag- grieved by the acts of the inspector or his deputy or assistant may bring suit on his bond in the Circuit Court of the county of his appointment. Sec. 10. All oils or fluids aforesaid sent from other States into this State for consumption within the limits of this State in the counties of this State where there are no inspectors acting under this law, or sent from counties in this State in barrels or packages not bearing the inspector's brand, as required by this law, of the county from which they were sent, may be inspected in transit in the hands of a carrier, forwarding agent, or warehouseman, or wherever found in any store or at any railway station, and the in- spector may charge thirty cents per barrel for each barrel thus in- spected ; and it shall be the duty of the party having the oils or fluids in hand at the time of the inspection to pay the inspector his fees, and he shall have a lien on said oils or fluids until they are paid. If any carrier, forwarding agent, or warehouseman shall refuse to pay the fees of an inspector as provided in this act, on conviction before a competent tribunal shall be fined twenty ($20) dollars for each refusal, the fine to go to the school fund of the State. Sec. 11. Any inspector of any county in this Commonwealth may go into any other county in the Commonwealth where there is no acting inspector under this law, and inspect and brand ac- cording to law any oil or fluids aforesaid which he may find in- tended for consumption in this Commonwealth, which have not been inspected and branded by some authorized inspector within the State of Kentucky. The inspector may charge for his services thirty cents per barrel for each barrel of oils or fluids inspected and branded by him, and his traveling expenses going and coming by the usual way of traveling, which expenses shall not exceed five cents per mile for the distance going and coming to the place of inspection, to be paid by the party in possession of the oil or fluid at the time of the inspection, or by the owner of the oils or MINES INSPECTION-VENTILATION. 55 fluids, and the inspector shall have a lien on the oils or fluids in- spected by him for his fees and traveling expenses. Sec. 12. The provisions of this law shall not apply to oils or fluids brought into this Commonwealth in transit for shipment to and consumption in other States. Sec. 13. The inspector of oils and fluids shall, ex officio, be gauger of petroleum oils, lubricating oils, naphtha, and turpentine, and, in the performance of his duties, shall use the standard in- struments in use for that purpose, and he shall brand or mark all barrels or casks gauged by him with his name, official character, and the capacity of the package, and the inspector shall be notified of the arrival of such oils in his county within twenty-four hours after its arrival. Sec. 14. All laws and parts of laws in conflict with the pro- visions of this act be, and the same are hereby, repealed. Sec. 15. This act shall take effect from and after its passage. VII. MINES-INSPECTION-VENTILATION. CHAPTER 1835, PAGE 147, ACTS 1884. AN ACT TO PROVIDE FOR AND REGULATE THE VENTILATION OF COAL MINES IN THIS STATE, AND FOR THE BETTER PROTECTION OF MINERS. Section 1. J3e it enacted by the General Assembly of the Common- wealth of Kentucky: That there shall be appointed by the governor, with the advice and consent of the Senate, an inspector of mines, who shall hold his office for four years, but shall be liable to be removed by the governor for willful neglect of duty or malfeas- ance in office. Said inspector shall have a practical knowledge of chemistry, geology, and mineralogy, and shall also possess a prac- tical knowledge of the different systems of working and ventilat- ing coal mines, and of the nature and properties of the noxious and poisonous gases of the mines, especially fire damp, and he shall also have a practical knowledge of mining and engineering, and said inspector shall, before he enters upon the discharge of his official duties, be sworn to discharge them faithfully and impar- 56 MINES-INSPECTION-VENTILATION. tially, which oath shall be subscribed on his commission and cer- tified by the officer administering it, and his commission, so indorsed, shall be filed with the Secretary of State in his office, and said inspector shall give bond in the penal sum of five thou- sand dollars, with surety, to be approved by the governor, for the faithful discharge of his official duties. Sec. 2. Said inspector shall give his entire time and attention to the discharge of the duties of his office, and it shall be a part of his duty to visit and inspect, as often as may be necessary, all the coal mines in actual operation in Kentucky, and to see that the provisions of this act are complied with by the owners, agents, and superintendents of all the mines in this State. Sec. 3. Said inspector shall have power to visit and inspect any mine which may, at the time being, be regarded as unsafe to the life and health of the employes therein engaged at work, and if, upon inspection, he finds that suitable ventilation of such mines has not been provided as the health or safety of the laborers and employes therein employed would require, or should he find that sufficient and safe means of ingress and egress have not been pro- vided, said inspector shall at once notify the owners or superin- tendent of the unsafe condition of such mine, and require him or them to proceed at once to put such mine in a safe and wholesome condition, and such mine shall forthwith be rendered safe and healthful, and for a failure of the owner, if present, or superintend- ent, if the owner be absent, to comply with the directions of the inspector of mines to ventilate such mine, and to provide safe and suitable egress from such mine within sixty days from the date of inspection, the owners and superintendent so delinquent shall be liable to a fine of fifty dollars per day for every day that such mine shall be suffered to remain in such dangerous and unhealthy con- dition after the expiration of the sixty days above provided, in which such improvement or ventilation should be made, which fine may be recovered by indictment of the grand jury of the county in which such mine is situate. Sec. 4. The inspector of mines shall keep an office in the State House at Frankfort, and shall keep a record of all the inspections made by him, and shall furnish a certified copy of his report of the inspection of any mine inspected by him to the Commonwealth's MINES INSPECTION VENTILATION. 57 Attorney of the district in which the mine is situate on application therefor, which copy shall be admissible in evidence in any Court in this Commonwealth, and shall be prima facie evidence of the truth of the recitals therein contained. Sec. 5. Such inspector, while in office, shall not act as agent or as a manager or mining engineer, or be interested in operating any mine, and he shall, annually, on or before the tenth day of Octo- ber, make report to the governor of his proceedings and of the condition and operation of the coal mines in this State, enumerat- ing all accidents which shall have occurred in or about the same, and giving such other information as he may deem useful, and making such suggestions as he may deem important as to further legislation on the subject of mining. Sec. 6. The inspector shall receive an annual salary of eighteen hundred dollars, payable monthly, and shall likewise be allowed and paid his necessary traveling expenses when absent from his office on business connected with his department, and he shall make out and keep on file in his office maps and plans of all coal mines in operation in this State, which maps, plans, and all the books, records, and apparatus of his office he shall carefully keep, and turn over the same, with all official correspondence pertaining to his office, to his successors. Sec. 7. Any vacancy in the office of inspector which may occur when the Senate is not in session shall be filled by appointment of the governor till the close of the next session of the Senate. Sec. 8. There shall be provided for said inspector all instru- ments and chemical tests necessary for the discharge of his duties under this act, which shall be paid for on the order of the in- spector, and which shall belong to the State. Sec. 9. The owner, agent, or superintendent of every coal mine in this State shall make, or cause to be made, an accurate map or plan of the working of such mine, on a scale of not less than one hundred feet to the inch, showing the area mined or excavated, and the location and connection with such excavation of the mine of the lines of all adjoining lands, and the name or names of each owner or owners, so far as known, marked on each tract, a true copy of which map the said owner or agent shall deposit with the inspector within twelve months after the passage of this act, and 58 MINES INSPECTION VENTILATION. another copy of which shall be kept at the office of such mine ; and the owner, agent, or superintendent shall, on or before the first day of December, eighteen hundred and eighty-four, and every six months thereafter, file with said inspector a statement and plan of the progress of the workings of said mine up to said date, which statement or plan shall be so prepared as to enable the inspector to mark the same on the original map or plan herein re- quired to be made. In event of the failure or refusal of such owner, agent, or superintendent, for two months after the time designated, to make the plan or map, or the addition thereto, the in- spector is authorized to cause an accurate map or plan of such mine to be made at the expense of the owner of such mine, the cost of which shall be recoverable against the owner by the person making said map or plan in any Court of competent jurisdiction. Sec. 10. Twelve months after the passage of this act, it shall not be lawful for the owner, agent, or superintendent of any coal mine, worked by a shaft wherein over fifteen thousand square yards have been excavated, to employ any person to work therein, or to permit any person to work in such mine, unless there are to every seam of coal worked in each mine at least two separate out- lets, separated by natural strata of not less than one hundred feet in breadth, by which shafts or outlets distinct means of ingress or egress are always available to the persons employed in such mines: but it shall not be necessary for the two outlets to belong to the same mine; and every shaft opened after the passage of this act shall have two such separate outlets after fifteen thousand square yards shall have been excavated; and to all other mines, whether slopes or drifts, two such openings or outlets shall be provided within twelve months after the passage of this act, provided fifteen thousand square yards have been excavated at or before the pas- sage of this act; or if not, then within twelve months after that extent has been excavated. In case such outlets are not provided as herein stipulated, it shall not be lawful for the owner, agent, or superintendent of such mine to permit more than ten persons to work therein at one time. In case any coal mine has but one shaft, slope, or drift, for the ingress or egress of the men working therein, and the owner thereof does not own suitable ground for another opening, such owner may select appropriate adjacent sur- DISEASES OF CATTLE, ETC. 59 face ground for that purpose, and have the same condemned, and appropriate the same by proceedings in the County Court of the county where the mine is situate, similar to proceedings now allowed by law for securing a private passway. Sec. 11. The owner or superintendent of every coal mine, whether shaft, slope, or drift, shall provide and maintain, within nine months after the passage of this act, for every such mine, an amount of ventilation of not less than one hundred cubic feet per minute per person employed in such mine, which shall be circu- lated to the face of each and every working place throughout the mine; and all mines generating fire-damp shall be kept free of standing gas, and in all mines where fire-damp is generated, every working place or room shall be carefully examined every morning with a safety lamp by a competent person, before any of the work- men are allowed to enter therein. Sec. 12. Coal mines in which not more than five persons are ■employed at one time shall be exempt from the provisions of this act. Sec. 13. This act shall be in force from its passage. Approved May 10, 1884. VIII. DISEASES OF CATTLE-PLEURO-PNEUMONIA- GLANDERS-RABIES. CHAPTER 324, ACTS 1886. AN ACT IN RELATION TO INFECTIOUS AND CONTAGIOUS DISEASES IN CATTLE. Section 1. Be it enacted by the General Assembly of the Common- wealth of Kentucky: Whenever any contagious or infectious dis- ease affecting cattle shall exist in this State, it shall be the duty of the State Board of Health to take measures to suppress the same promptly and effectively, to prevent the same from spreading. Sec. 2. For such purpose the State Board of Health shall have power : To issue their proclamation, stating that infectious or con- tagious disease exists in any county or counties of the State, and warning all persons to seclude all animals in their possession that are affected with such disease, or have been exposed thereto, and 60 DISEASES OF CATTLE, ETC. ordering all persons to take such precautions against the spreading of such disease as the nature thereof may, in their judgment, ren- der necessary or expedient; to order that any premises, farm, or farms, where such disease exists, or has existed, be put in quaran- tine, at the owner's expense, so that no cattle be removed from or brought to the premises so quarantined, and to prescribe such reg- ulations concerning the mode of quarantine as they may judge nec- essary or expedient to prevent infection or contagion being com- municated in anyway from the places so quarantined; to call on the sheriffs and deputy sheriffs to assist in enforcing and carrying out the provisions of said proclamations and orders, whose duty it shall be to observe and obey all of said orders and proclamations; to employ a veterinary surgeon and practitioner, and such other per- sons, as may be necessary from time to time, in performing their du- ties as set forth in the provisions of this act ; and to prescribe regu- lations for the destruction of such animals so affected, and for the proper disposition of their hides and carcasses, and of all objects which might convey infection or contagion, at the owner's expense. Provided, That no animal shall be destroyed by said Board, unless first examined by a veterinary practitioner, acting in the employ or under the direction of said Board, or unless the owner thereof knows that such cattle is so affected. Said Board shall also have power to prescribe regulations for the disinfection of all premises, buildings, and railway cars, and all objects by or from which infec- tion may take place or be conveyed; to alter, modify, cancel, or withdraw any of said proclamations, orders, or regulations, when- ever they may deem it proper so to do. Sec. 3. Any person knowingly trangressing, violating, or failing to comply with the terms of any proclamation, order, or regulation issued or prescribed by the Board, shall be guilty of a misdemeanor, and, on indictment, be fined in a sum not less than two hundred nor more than one thousand dollars. And any person, or persons, being the owner of any cattle affected with the contagious disease known as pleuro-pneumonia, and knowing the same to be so af- fected, who fails to kill and bury or burn them, or fails to report the same at once to the State Board of Health, shall be fined for each offense in a sum not less than two hundred nor more than one thousand dollars, in the discretion of the jury ; and the said Board, DISEASES OF CATTLE, ETC; 61 upon the failure of any such person to immediately kill said diseased cattle when ordered by the Board so to do, shall have the right to kill the same at the owner's expense. Sec. 4. Any person bringing cattle into this Commonwealth, having said disease, pleuro-pneumonia, and knowing or having reasonable grounds to believe the same to be so affected, shall be deemed guilty of a felony, and, on indictment and conviction, be confined in the penitentiary not less than one nor more than four years, in the discretion of the jury. Sec. 5. Any person being the owner of cattle affected with pleuro-pneumonia, and knowing the same to be so affected, or knowing the same to have been exposed thereto, who drives or causes the same to be driven upon a public highway, or sells or transfers the same to another, shall, on indictment and conviction, be fined in a sum not less than two hundred nor more than one thousand dollars, in the discretion of the jury. Sec. 6. The State Board of Health shall have the power to em- ploy a veterinarian, who shall be a regular practitioner, and a grad- uate of some college of veterinary surgery and practice, whose duty it shall be to render such service under this act as the Board may direct. Said veterinarian shall be entitled, for the services rendered, to a sum not exceeding five ($5) dollars per day and traveling ex- penses, for the time he is actually engaged at work for said Board, to be paid by the County Court of the county in which the disease is prevailing. The veterinarian shall receive nothing from any other person for examinations and work done at the instance of said Board, and in the event he does he shall, upon indictment and conviction, be fined in a sum not less than two hundred nor more than one thousand dollars, in the discretion of the jury. Sec. 7. In order to effectually carry out the provisions and in- tentions of this act, the said Board may engage and obtain the services of any veterinarian in the employ of the Federal Govern- ment of the United States, and otherwise co-operate with the proper department of said Federal Government in the suppression of said disease in this Commonwealth. Sec. 8. The Governor shall, in addition to the number of persons now on said State Board of Health, appoint three discreet and intel- ligent housekeepers engaged in the cattle business, whose duty it 62 DISEASES OF CATTLE, ETC. shall be to serve on said Board without any charge for services, but said three persons shall only have the right and power to act thereon with reference to matter embraced in this act.* Sec. 9. If any person shall be convicted of a violation of the third, fourth, or fifth sections of this act, the jury shall have power to determine by their verdict whether or not such person is, at the time of his trial and conviction, the owner of any cattle which have been exposed to said disease, by having been within the same in- closure with a diseased animal within four months next before the trial, and if they find he has such cattle they will find the number, sex, and distinguishing marks, and it shall be the duty of the Court to order the destruction of said cattle by the sheriff at the owner's expense, and the expense thereof shall be taxed as costs in the case. Sec. 10. In order the more effectually to stamp out said disease in this Commonwealth, and to encourage those persons whose cattle may be affected therewith or exposed thereto, to make the same known, the sum of three thousand dollars is appropriated out of any money that may be in the treasury not otherwise appropriated, for which sum the auditor shall, at the request of the State Board of Health, draw his warrant in their favor on the treasurer. Said Board may use said sum, or any part of it, in their discretion, for the purchase and destruction of any cattle which may have been exposed to said disease, but which do not actually have the same, and if all of said sum is not used, they shall return the remainder to the treasury. Sec. 11. In purchasing said cattle, said Board shall in no'case pay more than thirty dollars for any one animal, nor shall they pay for any cattle whose owner has concealed the existence of said disease among his cattle or on his premises, or has in any way, by intentional act or by willful neglect, contributed to the spread of the disease. Sec. 12. Should said disease make its appearance hereafter in any portion of the State where it has not heretofore existed, the governor, if the General Assembly is not in session, shall have the power to direct the application by said Board of a sum not exceed- * D. A. Given, Esq., of Cynthiana, T. C. Anderson, Esq., of Side View, and A. G. Herr, Esq., of St. Mathews, were appointed as such Commissioners. Dr. E. T. Hagyard, of Lexington, was elected State Veterinarian. DISEASES OF CATTLE, ETC. 63 ing three thousand dollars, for the purpose of paying for such cattle as may be exposed to, but not actually affected by, said disease, upon the conditions and limitations hereinbefore prescribed, and such other conditions and limitations as he may prescribe. Said sum, upon the written order of the governor, shall be paid to said Board out of the treasury upon the warrant of the auditor. Sec. 13. The Board of Health shah keep and report to the Gen- eral Assembly an itemized account of their expenditures under this act. Sec. 14. Whenever the State Board of Health shall have infor mation of the existence of pleuro-pneumonia in any other State or country, they shall have power to quarantine against the cattle of such State or locality, to prevent the importation of said disease into this Commonwealth, upon such terms and conditions as the said Board may prescribe. Sec. 15. The veterinarian selected by the State Board of Health shall be known as the State Veterinarian. Sec. 16. This act shall take effect from and after its passage. Became a law March 11,1886. CHAPTER 9, PAGES 178-9, GENERAL STATUTES. Section 5. If the owner of any distempered cattle shall permit them to run at large outside of his inclosure, or shall drive the same into or through any part of this Commonwealth, unless it be from one portion of his own inclosure to another, he shall forfeit and pay the sum of ten dollars for each head; and when any such cattle shall die, the owner thereof shall cause them to be burned or buried; and if he fail, he shall be fined five dollars for each of- fense. Sec. 6. If a justice of the peace be informed, by affidavit, that the owner of such cattle as are described in the preceding section has violated its provisions, it shah be his duty to issue his order, in the name of the Commonwealth, to such owner, commanding him to impound them; and if he fail or refuse to do so, or permit them to escape, or to be taken from the pound before the disease has been removed, he shall have power to order the cattle to bo killed and burned at the expense of the owner. 64 DISEASES OF CATTLE, ETC. Sec. 7. A justice of the peace, on proof that any dog is mad, or has been bitten by a mad dog, or has killed or wounded any sheep, shall order such dog to be killed. Sec. 8. If the owner of any dog so ordered to be killed shall conceal him, or order him to be concealed, or prevent the execu- tion of such order, he shall forfeit five dollars to the Common- wealth for every day said dog shall be concealed or prevented from being killed. Sec. 9. The constable or other person who may execute the order of any justice, as described in the fifth, sixth, and seventh sections of this chapter, shall be paid by the owner of such cattle or dog the following fees : For killing and burying a horse, jack- ass, jennet, or mule, three dollars; other cattle, two dollars for each head ; and for killing a dog, one dollar; and if he fail or re- fuse to execute the order, he shall forfeit and pay an amount equal to the fees allowed in each case. ARTICLE XVIII, CHAPTER 29, PAGE 347, GENERAL STATUTES. Section 1. If any person unnecessarily or cruelly beat, torture, use, or otherwise mistreat, any horse or other beast, whether his own or that of another, he shall be fined not exceeding one hun- dred dollars. Sec. 2. If any person shall willfully cast or place the carcass of any dead horse, mule, cow, hog, or sheep, or that of any other dead beast, in any water-course, or shall willfully cast the same into any spring, or into any pond, such persons, for every such of- fense, shall be fined for the first offense not less than five nor more than twenty dollars; and for every subsequent offense, not less than twenty nor more than one hundred dollars. Sec. 3. If a person bring into this State any of the cattle known as " Texas cattle," he shall be fined not less than five hundred nor more than five thousand dollars ; but if such cattle be brought into this State in the months of December, January, or February, the person so doing shall not incur the penalty aforesaid, if it is shown that disease was not spread thereby among the cattle of another person. Sec. 5. It shall be the duty of any person owning a horse, mule, jack, or jennet, affected with glanders, to kill such animal, and RACING-PRACTICING HORSES, ETC. 65 cause the same to be either burned or buried ; and if he fail to do so, he shall be fined not less than twenty nor more than one hun- dred dollars. Sec. 6. If any person owning or having charge of a horse, mule, jack, or jennet, affected with glanders, shall knowingly permit such animal to run at large on his premises, so as to come in con- tact with animals belonging toothers, and thereby spread the dis- ease, or suffer such diseased animal to go upon the public highway, or shall sell or trade, convey, or transfer, by gift or otherwise, an animal so diseased, he shall be fined not less than twenty nor more than five hundred dollars. SECTION 8, CHAPTER 1, PAGE 142, GENERAL STATUTES. It shall be the duty of any person owning a horse, mule, jack, or jennet, affected with glanders, to kill such animal, and cause the same to be either burned or buried ; and if he fail to do so, he shall be liable, by civil action, for all damages that may occur by the spreading of said disease. SECTION 11, CHAPTER 21, PAGE 245, GENERAL STATUTES. " Cattle" includes horse, mule, ass, sheep, hog, or goat, of any age or sex, bull, cow, calf, and ox; cow includes heifer. RACING AND PRACTICING HORSES IN TOWNS AND ON HIGHWAYS. SECTION 1, ARTICLE XXI, CHAPTER 29, PAGE 351, GENERAL STAT- UTES. If any person shall be engaged, directly or indirectly, in run- ning a horse, by way of practicing him, or in running a horse race, on a public highway, or on the street of any town or city, or shall ride or drive any horse in a gallop or run on or through the street of any city or town, be shall be fined not less than ten dollars for each offense. 66 RAILROADS, ETC. IX. RAILROADS-PROTECTION OF PASSENGERSAND EMPLOYES-DEPREDATIONS UPON. CHAPTER 1084, PAGE 100, ACTS 1880. AN ACT TO PREVENT PERSONS, OTHER THAN PASSENGERS AND EMPLOYES OF RAILROADS, FROM GETTING ON AND OFF TRAINS OR ENGINES WHILE IN MOTION. Section 1. Be it enacted by the General Assembly of the Com- monwealth of Kentucky, That it shall be unlawful for any person, other than passengers and employes, to get on or oft on the out- side, or to swing on or hang on from the outside of any engine or car while the same is in motion or switching, or immediately preceding its moving or switching. Sec. 2. Any person or persons violating the provisions of this act shall be fined in the sum not exceeding ten dollars for each offense, and the respective justices of the peace of the several counties of the State shall have jurisdiction of the offense speci- fied in the first section of this act, and the respective sheriffs, constables, marshals, and other peace officers shall have authority to arrest and bring to trial any person or persons guilty of the vio- lation of this act. Sec. 3. That each conductor be required to post on each coach or box a copy of this law. Sec. 4. This act to take effect from its passage. Approved April 22, 1880. CHAPTER 57, PAGE 550, GENERAL STATUTES. Section 1. If the life of any person not in the employment of a railroad company shall be lost in this Commonwealth by reason of the negligence or carelessness of the proprietor or proprietors of any railroad, or by the unfitness, or negligence, or carelessness of their servants or agents, the personal representative of the per- son whose life is so lost may institute suit and recover damages in RAILROADS, ETC. 67 the same manner that the person himself might have done for any injury where death did not ensue. Sec. 3. If the life of any person or persons is lost or destroyed by the willful neglect of another person or persons, company or companies, corporation or corporations, their agents or servants, then the widow, heirs, or personal representative of the deceased shall have the right to sue such person or persons, company or companies, corporation or corporations, and recover punitive dam- ages for the loss or destruction of the life aforesaid. ARTICLE XIV, CHAPTER 29, PAGES 339-40, GENERAL STATUTES. Section 4. Any person or persons who shall willfully and ma- liciously tear up or displace any rail or switch, or break any bridge, viaduct, or fixture, on any railroad now in operation in this State, or which may hereafter be put in operation, or who shall place any obstructions thereon, or do any act whereby any loco- motive or cars might be upset, arrested, or thrown from the track of any railroad, branch, turnout, or switch, shall be confined in the penitentiary for not less than one nor more than five years. Sec. 5. Any person or persons who shall, by any of the acts enumerated in the last two preceding sections, cause the life of any person or persons to be put in immediate peril, or shall cause any locomotive or any car to be actually thrown oft the track of any railroad, switch, or turnout, shall be confined in the penitentiary for not less than two nor more than ten years. Sec. 6. Every person or persons who shall, by the commission of any of the aforesaid offenses, cause the death of any person or persons, shall be deemed guilty of murder. Sec. 7. Nothing in the three preceding sections shall be so con- strued as to prevent such railroad company, or any person injured, from sustaining a civil action for damages against any person or persons committing the offenses aforesaid. Sec. 8. If any person shall maliciously cut, deface, or otherwise injure any engine or any of the hose which is used for the convey- ance of water in the extinction of fire, the person committing such offense shall be confined in the penitentiary not less than one nor more than five years. 68 RAILROADS, ETC. Sec. 12. Every person who shall, without the consent of the railroad company, use upon any horse or other railroad any omni- bus or other vehicle with running gear fitted or adjusted to the track of such road for the purpose of conveying passengers over and upon the track of such railroad, shall, for each offense, be fined not exceeding one hundred dollars, or be imprisoned not ex- ceeding three months, or both so fined and imprisoned. Nothing in this section shall be so construed as to prevent the use on that part of the highway where such horse or other railroad track is laid down, of such vehicles as are ordinarily used on other high- ways. CHAPTER 1388, PAGE 167, ACTS 1880. AN ACT EUR THE PROTECTION OF PASSENGERS AND OTHERS ON RAILROAD ENGINES AND CARS IN THIS STATE. Sectton 1. Be it enacted by the General Assembly of the Common- wealth of Kentucky: That any person who shall recklessly, wan- tonly, or maliciously throw any stone, stick, club, or other missile at or into, or shoot at or into, any engine of any railroad train in this State, or any car attached thereto, on or in which engine or car there may be any passenger or other person, shall be guilty of a misdemeanor, and, upon conviction thereof in any Court having jurisdiction of such offense, shall be fined not less than one hun- dred nor more than two hundred and fifty dollars, or imprisoned in the county jail for a period of not less than six months nor more than twelve months. And if any such stone, stick, club, or other missile so thrown was calculated to produce death or great bodily harm, and any person or passenger, on or in such engine or car attached thereto, shall be injured or wounded, such person so throwing the same shall be deemed guilty of a felony, and, upon conviction therefor in any Court having jurisdiction of the offense, shall be fined in a sum not less than two hundred nor more than five hundred dollars, and imprisoned in the penitentiary for a period not less than one nor more than two years. And should death ensue from such throwing or shooting within one year thereafter, the person guilty of the same, as herein provided, shall be deemed guilty of murder, and upon conviction, shall be pun- ished accordingly. MISCELLANEOUS DUTIES, etc. 69 Sec. 2. That the several Circuit and Criminal Courts of this State shall have jurisdiction of the offenses declared in the first section of this act. Sec. 3. This act to take effect from its passage. Approved May 4, 1880. X. MISCELLANEOUS-DUTY OF COUNTY ATTORNEYS. ARTICLE III, CHAPTER 5, PAGJ5 150, GENERAL STATUTES. Section 1. Each county attorney shall attend all County Courts held in his county, and shall superintend and conduct all cases and business in the Court touching the rights or interests of the county. Sec. 2. He shall give the Court and the several county officers legal advice concerning any county business within the jurisdic- tion of any of them. DUTY OF SCHOOL BOARDS AND TEACHERS IN RE- GARD TO INSTRUCTION IN HYGIENE. ARTICLE IV, CHAPTER 1330, ACTS OF 1884. Section 6. The instruction prescribed by the Board shall em- brace spelling, reading, writing, arithmetic, English grammar, English composition, geography, United States History, and " Laws of Health." * * * PUBLIC BUILDINGS-DUTY OF JAILER AND COUNTY COURTS. Section 9. The jailer of each county shall be the superintend- ent of the public square, court-house, clerks' offices, jail, stray pen, and other public county buildings at the seat of justice. He shall have the power, and it shall be his duty, to institute and CHAPTER 89, PAGE 703, GENERAL STATUTES. 70 miscellaneous-duties, etc. carry on the appropriate civil procedure, in the name of the county, to recover possession of, and for any injury or intrusion or tres- pass which may be committed on, any of the county property named in this chapter. The net proceeds of any such recovery shall be paid to the County Court in aid of the county levy. Section 10. It shall be the duty of the County Court, from time to time, to prescribe rules for the government and cleanliness of the jail, and the comfort and treatment of prisoners; and shall have power, by line, to enforce the rules and punish the jailer for disobedience thereto, or for neglect of his official duties. Sec. 12. The county judge shall inspect the jail of his county at least once a month. CHAPTER 61, PAGE 567, GENERAL STATUTES. DUTIES AND RESPONSIBILITIES OF TOWN TRUSTEES. ARTICLE III, CHAPTER 107, PAGE 810, GENERAL STATUTES. Sub-section 2, Section 1, They (the town trustees) must cause the streets of the town to be kept clean and in good order. ARTICLE VII, CHAPTER 107, PAGE 813, GENERAL STATUTES. Section 3. Trustees of towns shall be responsible for not keep- ing the streets and alleys thereof in proper repair and unobstruct- ed, in the same manner and to the same extent that surveyors of roads are responsible, and shall be liable to a fine of ten dollars if they fail to enforce the two preceding sections. SHOOTING IN TOWNS PROHIBITED. ARTICLE VII, CHAPTER 107, PAGE 812, GENERAL STATUTES. Section 1. No person, except a gunsmith on his own premises, shall shoot oft a gun or pistol in a town. Any person offending herein shall be fined five dollars and costs, to be collected by the trustees, and applied to keeping the streets of the town in repair. POISONING FISH WELLS AND PITS. 71 ARTICLE XXXIV, CHAPTER 29, PAGE 363, GENERAL STATUTES. Section 1. If any person shall shoot or discharge fire-arms in a city or town, unless necessary or proper for the protection of per- son or property, he shall be fined not exceeding twenty dollars; but the city or town authorities may permit shooting outside of designated limits, or on particular occasions, or in designated places. POISONING FISH SECTION 4, ARTICLE XXVIII, CHAPTER 29, PAGE 368, GENERAL STATUTES. If any person put, or cause to be put, in any stream, dam, or pool, any liquid, berries, powders, medicine, or other thing, whereby fish, great or small, are or may be sickened, intoxicated, or killed, or the water rendered unfit for use, or stench be produced, he shall be fined not less than ten nor more than one hundred dollars for each offense. WELLS AND PITS. Section 2. Wells and pits sunk for salt water, or any other pur- pose, when they shall be abandoned and not used, shall be filled up, or inclosed, as provided in the above section, by the owner or occupant of the grounds, or the persons who sunk the same; and for every twenty-four hours the same are left uninclosed or un- filled, the occupant of the land, the owner thereof, or the person who sunk the well or pit, shall, jointly and severally, be liable to the same penalty and responsibility prescribed in said section. CHAPTER 96, PAGE 773, GENERAL STATUTES. 72 PLANTING OF TREES. PLANTING OF TREES-"ARBOR DAY." Resolution in relation to establishing " Arbor Day." Ap- proved March 31, 1886. Said resolution reads as follows, viz: Whereas, The state of the forests is so intimately connected with the most important interests of the country, with the health and comfort of the people, with the water supply, and, conse- quently, with the condition of agriculture, manufactures, and commerce, that it should be one of the foremost subjects of con- sideration by any people and by any government, and, whereas, we deem it beneficial to encourage the preservation of our forests and the planting of trees in school grounds, parks, groves, and other places, therefore, Be it resolved by the General Assembly of the Commonwealth of Kentucky, That the governor be, and is hereby, requested to call the attention of the people of this State to the importance of plant- ing trees for ornament, protection, and shade, by naming a day upon which this work shall be given special prominence, to be known and designated as " Arbor Day." RULES AND REGULATIONS Adopted by the State Board of Health of Kentucky and Recom- mended for Adoption by County, City, and Town Boards of Health. Rule 1. A competent physician shall be elected as the executive officer of this Board and the health offices of the territory under its jurisdiction. He shall enforce the rules and regulations of this Board, shall keep a correct report of its proceedings and of his official acts, and perform such other duties as the Board may direct. Rule 2. The health officer shall make a sanitary survey of the territory under his jurisdiction for the purpose of ascertaining the existence of conditions detrimental to the public health, including in such survey, swamp lands, stagnant ponds, imperfect drainage, sewerage, cess-pools, and water-closets; the construction, ventila- tion, and drainage of public buildings, school-houses, prisons, hos- pitals, eleemosynary institutions, and such nuisances as might prove detrimental to the public health. Rule 3. No privy vault, cess-pool, or reservoir, into which a privy, water-closet, stable, or sink is drained, except it be water- tight, shall be established or permitted within a hundred feet of any well, spring, or other source of water used for drinking or culinary purposes. Rule 4. Earth privies, or earth closets, with no vault below the surface of the ground, shall be excepted in rule three, but sufficient dry earth or coal ashes must be used daily to absorb all the fluid parts of the deposit, and the entire contents must be removed monthly. Rule 5. All privy vaults, cess-pools, or reservoirs named in rule three should be cleaned out at least once a year, and from the 1st of May to the 1st of November of each year shall have added to the contents of the vault, once every month, one or two pounds of copperas, dissolved in a pailful of water. 73 74 RULES AND REGULATIONS. Rule 6. No privy vault or cess-pool shall open into any stream, ditch, or drain, except common sewers. Rule 7. Within the limits of any town (which area shall con- stitute health limits) no night-soil or contents of cess-pools shall be removed, unless previously deodorized by mixing with solution of copperas, and, during removal, the material shall be covered with a layer of fresh earth, except the removal be by the " odorless ex- cavating process." Rule 8. All sewer drains that pass within fifty feet of any source of water used for drinking or culinary purposes shall be water-tight. Rule 9. No sewer drain shall empty into any pond or other source of water used for drinking or culinary purposes, nor into any standing water within the jurisdiction of this Board. Rule 10. No garbage, materials manufactured in part or in whole of wool, leather, etc., or other materials which evolve offen- sive gases during combustion, shall be burned within the limits of a town. Rule 11. No house offal, dead animals, or refuse of any kind shall be thrown upon the streets, in any alley, or left exposed by any person; and no butcher, fishmonger, or vender of merchan- dise of any kind, shall leave any refuse upon the streets or in any alley, or uncovered by earth upon the lots of this city; and all putrid and decayed animal or vegetable matter must be removed from all cellars and out-buildings on or before May 1st of each year. Rule 12. All families, hotels, restaurants, and others accumu- lating garbage, are required to have a proper covered receptacle for swill and house offal, and to cause the contents to be regularly re- moved as often as twice a week, between the 1st day of May and the 1st day of November, and once a week at all other seasons. Rule 13. Between the 1st day of May and the 1st day of No- vember no hogs shall be kept within the limits named in rule seven, except in pens with floors, kept entirely free from standing water, and regularly and freely disinfected ; and during the months named no hogs shall be kept elsewhere within the jurisdiction of this Board, within five hundred feet of any dwelling, except in pens with dry floors, or kept free from standing water. This Board will RULES and regulations. 75 order the removal of such animals at any time when they appear to be prejudicial to the public health, safety, or comfort. Rule 14. No animal affected with an infectious or contagious disease shall be brought or kept within the limits of the jurisdic- tion of this Board, except by permission of the Board. No dis- eased animal or its flesh, and no decayed, diseased, or unfit meat, fish, vegetables, or fruit, or diseased, impure, or adulterated milk, or other article shall be sold or offered for sale as food. Rule 15. No slaughter-house or abattoir shall be established or used as such within the limits specified in rule seven, and none elsewhere within the jurisdiction of this Board, unless kept free from all obnoxious smells, and all offal removed everyday; and no melting or rendering house, and no place for manufacturing or other business giving rise to obnoxious or injurious vapors or odors, shall be established or used as such within the jurisdiction of this Board, except by its special permission and location. Rule 16. No person affected with any contagious or infectious disease shall be admitted into any public or private school. Rule 17. No parent, guardian, or other person, having charge or control of any child or children, shall allow or permit any such child or children to go from any house or building infected with scarlet fever, diphtheria, small-pox, measles, whooping-cough, chol- era, or other contagious or infectious disease dangerous to public health, to attend any public or private school. Rule 18. No person shall be admitted into any public or private school who may recently have been affected with small-pox, scarlet fever, diphtheria, cholera, whooping-cough, measles, or other con- tagious or infectious diseases dangerous to public health, nor from any of the diseases named, until first presenting a certificate signed by a reputable physician, that all danger of communicating such disease to others is passed. ' Rule 19. The county, city, and town health officers shall exer- cise especial hygienic supervision over the schools and school- houses within their respective jurisdictions, and where defects are found, it shall be the duty of said officers to immediately call the attention of the school authorities thereto, and see that they have them removed. SCHOOLS. 76 RULES AND REGULATIONS. Rule 20. Every child should be vaccinated before it becomes two years of age; and this Board recommends that all persons be re-vaccinated as often as once in five years. Rule 21. All incorporated manufacturing companies within the jurisdiction of this Board shall cause each new employe to be vac- cinated on entrance, unless proof is furnished of previous success- ful vaccination. Rule 22. The Board recommends that no person become a member of any public school within the jurisdiction of this Board, as teacher or scholar, without furnishing a certificate from some reputable physician that he or she has been successfully vaccinated. VACCINATION. DISEASES DANGEROUS TO THE PUBLIC HEALTH. Rule 23. Whenever any householder shall know or suspect that any person within his or her family, or who may be temporar- ily residing with him or her, is sick with small-pox, scarlet fever, diphtheria, cholera, or any other disease dangerous to the public health, he shall immediately give notice to the health officer within whose jurisdiction he may reside. In all cases where diseases dangerous to public health are reported, the officer within whose jurisdiction the disease occurs shall at once send one of the " Pre- ventible Disease Circulars" to the infected household. Rule 24. Whenever any physician shall know or suspect that any person whom he is called to visit has small-pox, scarlet fever, diph- theria, cholera, or any other disease dangerous to the public health, such physician shall give notice immediately, together with the locality and full description of the case, to the health officer, or to a member of the Local Board of Health within whose jurisdiction the disease or diseases may occur. Rule 25. It shall be the duty of the attending physician and the head of the family to see that the proper hags of warning, under the instruction of the local health officer, be placed in proper position. It shall be his further duty to give all persons affected with contag- ious or infectious diseases coming under his care, and those having charge or care of them, notice of the rules and regulations of this Board pertaining to all such diseases. Rule 26. No parent, guardian, or other person having charge or control of any child or children shall allow or permit any such rules and regulations. 77 child or children to go from any house or building infected with small-pox, scarlet fever, diphtheria, measles, whooping-cough, cholera, or other contagious or infectious diseases, to attend any church, or public meeting, or place of amusement, or to travel in any street car or public vehicle. Rule 27. No person shall be permitted to go from any house or building infected with scarlet fever, diphtheria, measles, cholera, small-pox, or other contagious or infectious diseases dangerous to public health, to attend any church, public meeting, or place of amusement, or travel in any street car or public vehicle without the permission of the health officer. Rule 28. No person recovering from any infectious disease, dangerous to public health, shall be permitted to appear upon the public streets or public highway, or in any public place, until all danger from contagion by reason of such disease is passed and a certificate from the local health officer or family physician to that effect placed in the hands of those in authority. Rule 29. The room in which there has been a case of infec- tious disease, dangerous to public health, must be thoroughly dis- infected immediately, and all infected clothing, bedding, carpets, furniture, etc., either cleaned and disinfected, or destroyed. All such work to be done under the supervision of the health officer. Rule 30. In all cases of death from small-pox, scarlet fever, diphtheria, or cholera, the body should be wrapped in a sheet, sat- urated with a solution of corrosive sublimate (one ounce to a gal- lon of water) placed in a coffin as soon as possible, which should never be opened, and buried without any public demonstration or funeral. Rule 31. The transportation of bodies of persons who have died from small-pox, cholera, and yellow fever is absolutely for- bidden. Rule 32. The bodies of persons who have died from scarlet fever, diphtheria, measles, and typhoid fever must be prepared as in rule thirty, and placed in a coffin, which must be inclosed in a tight wooden box, the coffin being surrounded by sawdust, sat- urated with a solution of corrosive sublimate of the strength given in rule thirty. No articles which have been exposed to the contagion can accompany the body. TRANSPORTATION OF DEAD BODIES. 78 RULES AND REGULATIONS. Bule 33. Every dead body received for transportation in this State must be accompanied by a certificate of death from the attending physician or health officer and a certificate from the shipping undertaker that the body has been prepared for shipment in accordance with the rules and regulations of the State Board of Health of Kentucky. If the body has been received for ship- ment into this State from some other State or country, it must be accompanied by a physician's certificate of death and a certificate from the shipping undertaker that the body has been prepared for shipment in accordance with the rules and regulations of the health authorities of such State or country. FORMS FOR CERTIFICATES AND NOTICES. physician's certificate of death, required before body is received FOR TRANSPORTATION. 188 . . I hereby certify to the best of my knowledge and belief, that died of atthis . . . day of188 . . M. D. P. O. Address undertaker's certificate. 188 . . I hereby certify that the body of the person named in the fore- going physician's certificate has been prepared by me for transpor- tation in accordance with the rules and regulations of the State Board of Health of Kentucky. Undertaker. P. O. Address RULES AND REGULATIONS. 79 NOTICE OF A NUISANCE. 188 . . rlo the Board of Health of .. . Gentlemen: Your attention is respectfully called to the exist- ence of a nuisance on the premises of atinCounty, arising from The address of(the owner, agent, or occupant) is Respectfully, P. 0. Address NOTICE TO ABATE A NUISANCE. Office of theCounty Board of Health. 188 . . To, owner, agent, or occupier of premises, situatedin County, Kentucky. You are hereby notified and required to abate and remove, withindays from the date of the service hereof, a certain nuisance on the above-described property, consist- ing of which nuisance has been declared by this 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. M. D., Secretary and Executive Officer. 80 RULES AND REGULATIONS. 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 coun- ty 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. .1. N. McCO KNACK, M. D., Secretary. PINCKNEY THOMPSON, M. I),, President. APPENDIX. Preliminary Report of the Committee on Disinfectants of the American Public Health Association. The object of disinfection is to prevent the extension of infec- tious diseases by destroying the specific infectious material which gives rise to them. This is accomplished by the use of disin- fectants. There can be no partial disinfection of such material; either its infecting power is destroyed or it is not. In the latter case, there is a failure to disinfect. Nor can there be any disinfection in the absence of infectious material. It has been proved for several kinds of infectious material that its specific infecting power is due to the presence of living micro- organisms, known in a general way as " disease germs," and prac- tical sanitation is now based upon the belief that the infecting agents in all kinds of infectious material are of this nature. Dis- infection, therefore, consists essentially in the destruction of dis- ease germs. Popularly, the term disinfection is used in a much broader sense. Any chemical agent which destroys or masks bad odors, or which arrests putrefactive decomposition, is spoken of as a dis- infectant. And, in the absence of any infectious disease, it is com- mon to speak of disinfecting a foul cess-pool, or bad-smelling sta- ble, or privy vault. This popular use of the term has led to much misapprehension, and the agents which have been found to destroy bad odors- deodorizers-or to arrest putrefactive decomposition-antiseptics- have been confidently recommended and extensively used for the destruction of disease germs in the excreta of patients with chol- era, typhoid fever, etc. The injurious consequences which are likely to result from such misapprehension and misuse of the word disinfectant will be ap- preciated when it is known that: 6 81 82 APPENDIX. Recent researches have demonstrated that many of the agents which have been found useful as deodorizers, or as antiseptics, are entirely without value for the destruction of disease germs. This is true, for example, as regards the sulphate of iron or cop- peras, a salt which has been extensively used with the idea that it is a valuable disinfectant. As a matter of fact, sulphate of iron in saturated solution does not destroy the vitality of disease germs or the infecting power of material containing them. This salt is, nevertheless, a very valuable antiseptic, and its low price makes it one of the most available agents for the arrest of putrefactive de- composition in privy vaults, etc. Antiseptic agents, however, exercise a restraining influence upon the developmen t of disease germs, and. their use, during epidemics, is to be recommended, when masses of organic material in the vicinity of human habitations can not be completely destroyed, or removed, or disinfected. While an antiseptic agent is not necessarily a disinfectant, all disinfectants are antiseptics, for putrefactive decomposition is due to the development of " germs" of the same class as that to which disease germs belong, and the agents which destroy the latter also destroy the bacteria of putrefaction, when brought in contact with them in sufficient quantity, or restrain their development when present in smaller amounts. A large number of the proprietary " disinfectants,"" so called, which are in the market, are. simply deodorizers or antiseptics, of greater or less value, and arc entirely untrustworthy for disinfecting purposes. Antiseptics are to be used at all times when it is impracticable to remove filth from the vicinity of human habitations, but they are a poor substitute for cleanliness. During the prevalence of epidemic diseases, such as yellow fever, typhoid fever, and cholera, it is better to use in privy-vaults, cess- pools, etc., those antiseptics which are also disinfectants-i. e., germicides; and when the contents of such receptacles are known to be infected this becomes imperative. Still more important is the destruction at our sea-port quaran- tine stations of infectious material which has its origin outside of the boundaries of the United States, and the destruction, within our boundaries, of infectious materia] given oft from the persons 83 APPENDIX. of those attacked with any infectious disease, whether imported or of indigenous origin. In the sick room we have disease germs at an advantage, for we know where to find them, as well as how to kill them. Having this knowledge, not to apply it would be criminal neg- ligence, for our efforts to restrict the extension of infectious dis- eases must depend largely upon the proper use of disinfectants in the sick room. Disinfections of Excreta, etc.-The infectious character of the dejections of patients suffering from cholera and from typhoid fever is well established; and this is true of mild cases and of the earliest stages of these diseases as well as of severe and fatal cases. It is probable that epidemic dysentery, tuberculosis, and perhaps diphtheria, yellow fever, scarlet fever, and typhus fever may also be transmitted by means of the alvine discharges of the sick. It is therefore of the first importance that these should be disinfected. In cholera, diphtheria, yellow fever, and scarlet fever, all vomited material should also be looked upon as infectious. And in tuber- culosis, diphtheria, scarlet fever, and infectious pneumonia, the sputa of the sick should be disinfected or destroyed by fire. It seems advisable also to treat the urine of patients sick with an in- fectious disease with one of the disinfecting solutions below recom- mended. Chloride of lime, or bleaching powder, is, perhaps, entitled to the first place for disinfecting excreta, on account of the rapidity of its action. The following standard solution is recommended: GENERAL DIRECTIONS. STANDARD SOLUTION No. i. Dissolve Chloride of Lime of the best quality* in pure water, in the proportion of four ounces to the gallon. Use one quart of this solution for the disinfection of each dis- charge in cholera, typhoid fever, etc.f Mix well and leave in * Good chloride of lime should contain at least twenty-five per cent, of available chlorine. It may be purchased by the quantity at three and a half cents per pound. The cost of the standard solution recommended is therefore less than one cent a gallon. A clear solution may be obtained by filtration or by decantation, but the in- soluble sediment does no harm, and this is an unnecessary refinement. t For a very copious discharge use a larger quantity. For the disinfection of solid or semi-solid feces use a solution of twice this strength-eight ounces to a gallon of water-in the proportion of one quart for every four ounces of material to be disin- fected. 84 APPENDIX. vessel for at least one hour before throwing into privy vault or water-closet. The same directions apply for the disinfection of vomited matters. Infected sputum should be discharged directly into a cup half full of the solution. STANDARD SOLUTION No. 2. Dissolve Corrosive Sublimate and Permanganate of Potash in pure water, in the proportion of two drachms of each salt to the gal- lon. This is to be used for the same purposes and in the same way as Standard Solution No. 1. It is equally effective, but it is neces- sary to leave it for a longer time in contact with the material to be disinfected-at least four hours. The only advantage which this solution has over the chloride of lime solution consists in the fact that it is odorless, while the odor of chlorine in the sick room is considered by some persons objectionable. The cost is a little more.* It must be remembered that this solution is highly pois- onous. It is proper, also, to call attention to the fact that it will injure lead pipes if passed through them in considerable quantities. It will be best to empty the vessel containing excreta and dis- infectant into an earthen jar or wooden vessel, and to leave it for twenty-four hours, at the end of which time it may be thrown into a privy vault, or into a hole in the ground excavated for this special purpose. Disinfection of the Person.-The surface of the body of a sick person, or of his attendants, when soiled with infectious dis- charges, should be at once cleansed with a suitable disinfecting agent. For this purpose, solution of chlorinated soda (liquor sodoe chlorinated), diluted with nine parts of water, or Standard Solution No. 1, diluted with three parts of water, may be used. A two per cent, solution of carbolic acid is also suitable for this purpose, and under proper supervision the use of a solution of corrosive subli- mate-1 : 1000-is to be recommended. In diseases like small-pox and scarlet fever, in which the infec- tious agent is given off from the entire surface of the body, occa- sional ablutions with solution of chlorinated soda diluted with * Corrosive sublimate costs about seventy cents a pound, and permanganate of potash sixty-five cents a pound, by the single pound. This makes the cost of Stand- ard Solution No. 2 a little more than two cents a gallon. APPENDIX. 85 twenty parts of water will be more suitable than the stronger so- lution above recommended. In all infectious diseases the body of the dead should be envel- oped in a sheet saturated with Standard Solution No. 1, or with a five per cent, solution of carbolic acid, or a 1 : 500 solution of cor- rosive sublimate. Disinfection of Clothing.-Boiling for half an hour will destroy the vitality of all known disease germs, and there is no better way of disinfecting clothing or bedding which can be washed than to put it through the ordinary operations of the laundry. No delay should occur, however, between the time of removing soiled cloth- ing from the person or bed of the sick and its immersion in boil- ing water, or in one of the following solutions ; and no article should be permitted to leave the infected room until so treated. STANDARD SOLUTION No. 3. Dissolve four ounces of Corrosive Sublimate and one pound of Sulphate of Copper in a gallon of water. Two fluid ounces of this standard solution to the gallon of water will make a suitable solution for the disinfection of cloth- ing. The articles to be disinfected must be thoroughly soaked with the disinfecting solution and left in for at least two hours, after which they may be wrung out and sent to the wash. N. B. Solutions of corrosive sublimate should not be placed in metal receptacles, for the salt is decomposed and the mercury pre- cipitated by contact with copper, lead, or tin. A wooden tub or earthen crock is a suitable receptacle for such solutions. When diluted as directed this solution may be used without danger from poisoning through the medium of clothing immersed in it, or by absorption through the hands in washing. A poison- ous dose could scarcely be swallowed by mistake, owing to the metallic taste of the solution, and the considerable quantity which would be required to produce a fatal effect. Clothing may also be disinfected by immersing it for four hours in a two per cent, solution of carbolic acid. Clothing or bedding which can not be washed or subjected to the action of steam may be disinfected by exposure to dry heat in a properly-constructed disinfecting chamber for three or four hours. A temperature of two hundred and thirty degrees Fahren- 86 APPENDIX. heit should be maintained during this time, and the clothing must be freely exposed-i. e., not folded or arranged in piles or bun- dles, for the penetrating power of dry heat is very slight.* The temperature above mentioned will not destroy the spores of bacilli-e. g., of the anthrax bacillus, but is effective for the destruction of all disease germs which do not form spores; and there is good reason to believe that this list includes small-pox, cholera, yellow fever, diphtheria, erysipelas, puerperal fever, and scarlet fever (?) Moist heat is far more effective, and it is demon- strated that ten minutes exposure to steam, at a temperature of two hundred and thirty degrees Fahrenheit, will destroy all known disease germs, including the most refractory spores. In the absence of a suitable chamber for the use of dry heat, fumigation with sulphurous acid gas may be resorted to. The room in which disinfection is practiced should be hermetically closed to prevent the escape of the gas, and three pounds of sul- phur should be burned in it for every thousand cubic feet of air space. Expose the articles to be disinfected as freely as possible by hanging them up in the disinfecting chamber, and leave them for at least twelve hours subjected to the action of the sulphurous acid gas. Soiled mattresses, pillows, feather beds, and articles of this nature can not be effectually disinfected by sulphur fumigation, owing to the fact that the gas does not penetrate to their interior in sufficient amount. For articles of this kind, and in general for articles of little value, which have been soiled by the discharges of the sick, destruction by fire will be advisable. Disinfection of the sick room.-In the sick room no disinfectant can take the place of free ventilation and cleanliness. It is an axiom in sanitary science that it is impracticable to disinfect an oc- cupied apartment, for the reason that disease germs are not de- stroyed by the presence in the atmosphere of any known disin- fectant in respirable quantity. Bad odors may be neutralized, but this does not constitute disinfection in the sense in which the term is here used. These bad odors are, for the most part, an indication of want of cleanliness, or of proper ventilation ; and it is better to *The limitations with reference to the use of dry heat as a disinfectant are stated in the paper on Dry Heat. APPENDIX. 87 turn contaminated air out of the window, or up the chimney, than to attempt to purify it by the use of volatile chemical agents, such as carbolic acid, chlorine, etc., which are all more or less offensive to the sick, and are useless so far as disinfection-properly so called -is concerned. When an apartment which has been occupied by a person sick with an infectious disease is vacated., it should be disinfected. The object of disinfection in the sick room is, mainly, the de- struction of infectious material attached to surfaces, or deposited as dust upon window-ledges, in crevices, etc. If the room has been properly cleansed and ventilated while still occupied by the sick person, and especially if it was stripped of carpets and un- necessary furniture at the outset of his attack, the difficulties of disinfection will be greatly reduced. All surfaces should be thoroughly washed with Standard Solu- tion No. 1, diluted with three parts of water, or with a 1 : 1000 solution of corrosive sublimate. Standard Solution No. 3, diluted in the proportion of four ounces to the gallon of water, may be used. The walls and ceiling, if plastered, should be brushed over with one of these solutions and subsequently washed over with a lime wash. Especial care must be taken to wash away all dust from window ledges and other places where it may have settled, and to thor- oughly cleanse crevices and out-of-the-way places. After this ap- plication of the disinfecting solution, and an interval of twenty- four hours or longer for free ventilation, the floors and wood work should be well scrubbed with soap and hot water, and this should be followed by a second more prolonged exposure to fresh air, admitted through open doors and windows. As an additional precaution, fumigation with sulphurous acid gas is to be recommended, especially for rooms which have been occupied by patients with small-pox, scarlet fever, diphtheria, typhus fever, and yellow fever. But fumigation with sulphurous acid gas alone, as commonly practiced, can not be relied upon for disinfection of the sick room and its contents, including bedding, furniture, infected clothing, etc., as is popularly believed. When fumigation is praticed it should precede the genera] washing with a disinfecting solution, heretofore recommended. 88 APPENDIX. To ensure any results of value it will be necessary to close the apartment to be. disinfected as completely as possible by stopping all apertures through which the gas might escape, and to burn not less than three pounds of sulphur for each thousand feet of air-space in the room. To secure complete combustion of the sulphur it should be placed, in powder or in small fragments, in a shallow iron pan, which should be set upon a couple of bricks in a tub partly filled with water, to guard against fire. The sulphur should be thor- oughly moistened with alcohol before igniting it. Disinfection of privy vaults, cess-pools, etc.: When the excreta (not previously disinfected) of patients with cholera or typhoid fever have been thrown into a privy vault, this is infected, and disinfection should be resorted to as soon as the fact is discovered, or whenever there is reasonable suspicion that such is the case. It will be advisable to take the same precautions with reference to privy vaults into which the excreta of yellow fever patients have been thrown, although we do not definitely know that this is in- fectious material. The most trustworthy agent for this purpose is corrosive subli- mate. The amount used must be proportioned to the amount of ma- terial to be disinfected. Use one pound of corrosive sublimate for every five hundred, pounds (estimated) of fecal matter contained in the vault.* * Recent experiments made by Dr. Sternberg make it apparent that the complete sterilization of large masses of fecal matter in privy vaults would be a difficult and expensive undertaking, if not entirely impracticable. It is, therefore, of prime importance that infectious material should be destroyed before it is thrown into a receptacle of this kind. But it seems also important that during the prevalence of an epidemic the contents of privy vaults should be rendered unsuitable for the de- velopment of disease germs by the use of antiseptics, and that, so far as practicable, infectious material, not previously disinfected, should be destroyed in situ. A thor- ough disinfection of exposed surfaces soiled with the discharges of those who have recently frequented the place, and of the exposed surface of the material in the vault, is perhaps all that will be accomplished by the use of a solution of the bi-chloride of mercury, as recommended. But it is doubtful whether more would be accomplished by the use of any other disinfectant in reasonable quantity, and the superior potency of the bi-chloride as a germicide and antiseptic seems to the committee to justify the recommendation made with reference to privy vaults. The liberal use of a good dis- infecting powder upon the surface of such masses of organic material is also to be commended, and for this purpose chloride of lime, diluted with some inert substance, on the score of economy and efficiency, is perhaps the most useful agent. APPENDIX. 89 Solution No. ■), diluted with three parts of water, may l>e used. The diluted solution should be applieddn the proportion of one gallon to every four gallons (estimated) of the contents of the vault. All exposed portions ot the vault and the wood-work above it should be thoroughly washed down with the disinfecting solution. To keep a privy vault disinfected during the progress of an epidemic, sprinkle chloride of lime freely over the surface of its contents daily. Or, if the odor of chlorine is objectionable, apply daily four or five gallons of Standard Solation No. if which should be made up by the barrel, and kept in a convenient location for this purpose. Disinfection of ingesta : It is well established that cholera and typhoid fever are very frequently, and perhaps usually, transmitted through the medium of infected water or articles of food, and especially milk. Fortunately, we have a simple means at hand for disinfecting such infected fluids. This consists in the application of heat. The, boiling temperature maintained for half an hour kills all known disease germs. So far as the germs of cholera, yellow fever, and diphtheria are concerned, there is good reason to believe that a temperature considerably below the boiling point of water will destroy them. But, in order to keep on the safe side, it is better not to trust anything short of the boiling point (two hun- dred and twelve degrees Fahrenheit) when the object is to disin- fect food or drink which is open to the suspicion of containing the germs of any infectious disease. During the prevalence of an epidemic of cholera it is well to boil all water for drinking purposes. After boiling, the water may be filtered, if necessary, to remove sediment, and then cooled with pure ice, if desired. 7 INDEX. Page. Adulterations of foods and drinks prohibited 42-46 Antiseptics, report concerning 81 Arbor Day, resolution establishing 72 Attorneys, county, duties of 21, 69, 80 Boards of Health, city, town, and village 21-23 Boards of Health, county 6-23, 27 Board of Health, State 5-23 Board of Pharmacy, State 36-38 Boards, school, duty of, in regard to teaching laws of health 69 Cattle Commissioners, law providing for appointment of 62 Cattle, laws relating to diseases of 59-65 Contagious and infectious diseases, decision of Supreme Court regarding . . . 10-13 Contagious and infectious diseases, laws relating to 8-14, 23-27, 75-78 County Attorneys, duties of 21, 69, 80 County Boards of Health 6-23, 27 Dead bodies, rules and regulations concerning 77-78 Dentistry, law regulating the practice of 33-36 Deodorizers, report concerning 81 Disinfectants, report concerning 81-89 Dogs, mad, law relating to 64 Drinks, adulterations of prohibited 42-46 Drugs and medicines, laws regulating the sale of • . 36-41 Empiricism, law relating to 31-33 Fire-arms, shooting of in towns prohibited 70 Fish, poisoning of prohibited 71 Foods, adulteration of prohibited 42-46 Glanders, law relating to 64-65 Health officers, law providing for election and compensation of 21-23 Horses, laws relating to diseases of 64-65 Horses, racing of on streets and highways prohibited . 65 Inspectors, county, laws relating to 43-55 Inspector of Mines, power and duties of 55-59 Illuminating oils, laws relating to 43-55 Jails and other county buildings, who to care for 69-70 Laws of health to be taught in schools 69 Local Boards of Health 6-23, 27 Mad-dogs, law relating to 64 Medicine, law regulating the practice of 31-33 Medicines, laws regulating the sale of 36-42 Milk, law prohibiting the adulteration of 42 Mines, law relating to 55-59 91 92 INDEX. Page. Morphine and opium, law regulating the sale of . . 41 Notices and certificates, forms for 78-79 Nuisances, decisions relating to . 15-20 Nuisances, laws and rules relating to 15-22, 73-75 Officers, health, law providing for 21-23 Oils, illuminating, laws relating to 43-55 Opium and morphine, law regulating the sale ot 41 Pest-houses, law regulating location of 27 Pharmacy, law regulating the practice of 36-41 Pharmacy, State Board of 36-38 Pits and wells, law relating to 71 Pleuro-pneumonia in cattle, law relating to 59-63 Poisons, law regulating the sale of 36-41 Poisoning of fish prohibited 71 Pollution of streams prohibited 64, 71 Practice of dentistry, law regulating the 33-36- Practice of medicine, law regulating the 31-33 Practice of pharmacy, law regulating the 36-41 Public buildings, who to care for 69-70 Quackery, law relating to 31-33 Quarantine, laws relating to .... 8-14, 59-63 Rabies, law relating to 64 Railroads, laws for the protection of life on 66-69 Rivers, pollution of prohibited 64, 71 Rules and regulations of State and Local Boards of Health 73-80 School Boards and Teachers, duty of in teaching laws of health 69 Schools, rules and regulations relating to 75-76 Slaughter-houses, rules and regulations relating to 75 Small-pox, laws relating to 10, 23-27 Small-pox, decision of Superior Court relating to 10-13 State Board of Health 5-23 State Board of Pharmacy 36-38 State Veterinarian, law relating to 60-63 Statistics, vital, law relating to 28-30 Streams, laws prohibiting pollution of 64, 70 Superior Court, decision of relating to contagious diseases 10-13 Supreme Court, decisions of regarding nuisances 15-21 Teachers, duty of in teaching laws of health 64 Transportation of dead bodies ... 77-78 Trustees of schools, duties of in regard to laws of health 69 Trustees of towns, duties and responsibilities of 70 Undertakers, duties of 77-78 Vaccination, laws and rules concerning 7,23-27,76 Ventilation of mines .... 55-59' Veterinarian, State, law relating to 60-63 Vital statistics, law relating to 28-30 Water, pollution of prohibited . . .64-71 Wells and pits, law relating to . 71