and nineteenth, and one hundred and twentieth sections of this act, shall be kept as a separate fund to be called the dog fund. The selectmen of each town shall meet, on or before the first Monday in October, in each year, to distribute this fund to the owners of sheep which have been killed or injured by dogs in such town during the year; and if the receipts to this fund, during the year, shall not be equal to the damage sustained by the owners of sheep, the selectmen shall distribute the avails of such fund to each of such sheep owners, proportionably to the amount of loss sustained by them; but no owner shall receive in such distribution a larger amount than that assessed to him by the board of selectmen for damages received. to be used for SECT. 125. Whenever any moneys, known as the dog fund, shall Surplus money not be needed for the purposes described in the preceding section, town expenses. the same may be used for the ordinary expenses of the town. SECT. 126. Nothing herein shall affect the collecting of any taxes Saving clause. which have been laid in pursuance of any existing law before the ninth day of July, 1864, or any suit then pending, or any claim which accrued under the law as it existed prior to said last mentioned date. SECT. 127. Whenever any dog shall do any damage, either to the Who liable for body or property of any person, the owner or keeper, or if the owner or keeper be a minor, then his parent or guardian, or if he be an apprentice, then his master shall pay such damage, to be recovered in an action of trespass.* damage by dogs. SECT. 128. GUN POWDER. 1832. Order for the re The selectmen of any town may, by their written order, direct the owner, or person having charge of gun powder, moval of gun deposited or kept within the limits of such town, to remove such powder. quantity of the same as in the opinion of said selectmen will errdanger the person or dwellings of any individual whatsoever, and thereupon the person thus notified shall remove said gun gowder, within the time and to the place, in said order specified. lectmen to re move. SECT. 129. In case the said gun powder shall not be removed Authority of sepursuant to said order, the selectmen may remove or cause the same to be removed to such place within said town as in their opinion shall be deemed safe and convenient; and they shall have and retain a lien upon the said powder for all necessary expenses in removing and keeping the same. for gun powder. SECT. 130. Those persons who may wish to deposit, or keep Place of deposit within the limits of any town, gun powder in any quantity exceeding fifty pounds, may require the selectmen of such town, to designate some safe and convenient place for that purpose; and thereupon such selectmen shall, in writing, designate and appoint a suitable place within their respective towns, for such purpose; at which place, thus designated, it shall be lawful thenceforth to deposit and keep gun powder until the selectmen of said town, for the time being, shall order the same to be removed pursuant to the foregoing provisions. Penalty for viola SECT. 131. Every person, who shall violate any of the provisions ting three prece of the three preceding sections, shall forfeit the sum of fifty dollars, ding sections. *Persons owning dogs severally, are not jointly liable. Russell v. Tomlinson, 2 Various points in relation to the liabilities of owners of dogs. Woolf v. Chalker, 31 1835. No person to use the town of New Haven. When the selectmen may grant permission. one half thereof to the treasury of the town within which the offense is committed, and the other half to the person who may sue for and recover the same; but if any person shall consider himself aggrieved by the doings of the selectmen, he may petition the next superior court, which may grant the proper relief; and nothing contained herein shall be construed to prevent the transportation of gun powder, or the deposit thereof, for transportation, if such deposit for such transportation shall not be made for a longer time than fortyeight hours. SECT. 132. No person shall use any gun powder, or other explogun powder for sive material, for the purpose of quarrying or blasting rocks within blasting, &c., in the limits of the town of New Haven, unless he shall first obtain, from the selectmen of said town, permission in writing, which permission shall not extend for a longer space of time than six months. SECT. 133. The selectmen of said town may grant permission to any person to use gun powder, or other explosive material, as provided in the next preceding section, when, in their opinion, the same will not be dangerous to life or property, but if, in their opinion, the same will not be dangerous to life, but may be dangerous to property, they shall not grant such permission to any one, who is not of suffi cient responsibility to pay all damages which may happen by the use of such gun powder, or other explosive material. Penalty for violation. SECT. 134. Any person, who shall violate any of the provisions of the two preceding sections, shall be punished by a fine, not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding six months, or by such fine and imprisonment both. BOARD OF HEALTH. Board of health their powers. be evidence. SECT. 135. The civil authority and selectmen of the several how constituted: towns shall constitute a board of health in their respective towns, and shall have and may exercise all the power and authority neces. sary and proper, for preventing the spread of malignant, contagious, or infectious disease; and such board may, as occasion shall require, appoint its president and such health officers, or health committees as it may deem expedient, and may hold meetings, and the members present at any meeting, convened in such manner as the board shall direct, shall be a quorum for business; and may appoint a clerk, who shall be sworn, and shall record the acts, doings, and proceed. Their records to ings of such board; and such records, or certified copies thereof, shall be admissible in evidence in all courts of law in this state. SECT. 136. Such board, or such health officer, or health officers, or health committee, or health committees, as such board may to remove them appoint, shall examine into all such nuisances, and such sources of filth, as may be injurious to the health of the inhabitants, whether the same shall proceed from stagnant waters, cellars, drains, common sewers, slaughter houses, tan-yards, putrid animal or vegetable substances, vessels, scows, or boats, or any other cause of any nature or kind whatsoever; and such board, health officer or officers, health committee or committees, shall cause to be removed all filth, of any kind whatever, which shall be found in any of the streets, lanes, wharves, docks, or in any other place whatever, within the limits of their town, whenever in the judgment of such board, such filth shall endanger the lives or health of the inhabitants; and all expenses of Their duty to examine into nuisances, &c., and may enter places such removal shall be paid by the person who placed it there, if Expenses of reknown, and if not known, by the town; and whenever any such moval, how paic filth or nuisances shall be found on private property, such board shall cause actual notice to be given to the owner or occupier of such property, to remove the same at his expense, within twenty-four hours, or such longer reasonable time as the board shall direct; and if such owner or occupier shall neglect to remove the same, he shall pay a fine of not less than twenty dollars, nor exceeding one hundred dollars, and shall also pay such expense and costs as the town shall incur by such removal; and after the expiration of such time, such board shall cause such filth or nuisance forthwith to be removed or abated; and such board, or such health officer or committee as it Board of health shall direct, may enter all houses, stores, cellars, vessels, and other or their officers, places, where such board shall have just cause to suspect any of the suspected of conaforesaid nuisances or causes of filth to exist, and if the same be taining filth.] found to exist, the owner or occupier of such house, store, cellar, vessel, or place, shall be liable, as aforesaid, and such board may proceed in manner as aforesaid; and such board may also, from time to make rules to time, make such rules and regulations, and give such orders, to regulations, and have effect within the limits of their town, as to such board shall seem necessary and proper, to prevent the aforesaid nuisances or sources of filth; and if any person shall wittingly and willfully violate such rules, regulations, or orders, after the same shall have been published one week in a newspaper printed in such town, or after the same shall have been posted for one week on the sign post in such town, or after actual notice thereof shall have been given to such person, he shall forfeit a sum not less than fifteen dollars, nor exceed-ting them. ing one hundred dollars, at the discretion of the court. orders. Penalty for viola vessels are sub SECT. 137. The board of health in any town, contiguous to navi- Quarantine, what gable waters, may make out and assign within the limits of the town, ject to, and how or the waters contiguous thereto, the port or place in any harbor, enforced road, river, or bay, in which or where, vessels arriving or coming into the limits of such town, or into such contiguous waters, shall, if need be, perform quarantine; and every vessel which shall, between the first day of June and the first day of November, in each year, come from any foreign port or place, or from any port or place in the United States south of the capes of the Delaware, and arrive or come to anchor in any such harbor, road, bay, river, or contiguous waters, if any place for quarantine shall have been assigned as aforesaid, shall come to anchor and lie at such place so assigned, and at no other place whatever, until discharged in manner as is hereinafter provided; and the master of every vessel, arriving or coming to anchor as aforesaid, shall forthwith make signal for a health officer, by hoisting colors in the shrouds, or if need be, may send a person on shore, who shall, in person or by writing, notify the health officer of the port, or if there be no health officer, a member of the board of health, of the arrival of such vessel, and forthwith return on board; and every person so sent, who shall neglect to return as aforesaid, shall pay a fine of fifty dollars; and every master of a vessel, arriving or coming to anchor as aforesaid, who shall come to such anchor at any port or place in such harbor, road, river, bay, or contiguous waters, wind and weather permitting, other than in the port or place so assigned for the performance of quarantine, if any such port or place be assigned, shall pay a fine of not less than one hundred dollars, and not exceeding five hundred dollars, or suffer imprisonment for a term not exceeding six months, or both; but not subject to quarantine. What vessels are the provisions of this section shall not be construed to apply or extend to any vessel, arriving or coming from any foreign port or place, or from any port or place in the United States south of the capes of the Delaware, which shall have entered any port or place in the United States, north of the said capes of the Delaware where there are quarantine regulations, and shall have been visited by a health officer, received a clean bill of health, and shall have been permitted to go to the wharves and unload thereat; and such clean bill of health, or a certified copy thereof, shall be left with the collector of the port, within twenty-four hours after the arrival of such vessel. SECT. 138. Any vessel subject to quarantine, arriving in the harbor of New Haven, on board of which vessel there shall be no Vessels arriving sickness at the time of such arrival, or on board of which, during the passage, there shall have been no case of malignant or contagious disease, may come to and make fast at the end of Long Wharf, without incurring any penalty for violation of the quarantine laws; but no person shall be allowed to leave said vessel, except to make fast to the wharf, until said vessel shall have been visited by a health officer, and shall have been by him discharged from quarantine; and no vessel arriving in the port of New Haven, from the British North American provinces, shall be subject to quarantine. 1848. 1850. at New Haven. SECT. 139. If any vessel shall come to said wharf, and the health officer shall find any such sickness on board, as in his opinion shall When health offi- make it proper for him to cause such vessel to continue subject to cer may order such vessel removed. val of such vessel. &c. quarantine, he shall order such vessel to be removed to such place as shall be assigned as a place of quarantine; and the captain of such vessel shall pay a fine of not less than two hundred dollars, or suffer imprisonment not less than six months, or shall pay such fine and suffer such imprisonment both. SECT. 140. On notice given to a health officer, or member of the Duty of health board of health, of the arrival of any vessel as aforesaid, such officers, on arri- health officer, or member of the board of health, shall, without delay, visit such vessel, and such officer or member may, on examination, and as the circumstances of the case may require, give a certificate May give certifi- of health, discharging said vessel from quarantine, or cause such cate of health, vessel to continue subject to quarantine; and every vessel so subjected to quarantine, shall perform quarantine under such restrictions and regulations as such board of health shall have established, or may establish; and every owner, master, supercargo, officer, seaPenalty for vio- man, consignee, or other person, who shall neglect or refuse to obey the directions, rules, regulations, or restrictions, of the board of health, relative to any vessel required to perform quarantine, shall pay a fine not exceeding five hundred dollars, or suffer imprisonment for a term not exceeding six months, or shall pay such fine and suffer such imprisonment both. lating quaran tine. Penalty for at tempting to elude tions, &c. SECT. 141. Every master or commander of any vessel liable to quarantine by perform quarantine as aforesaid, who shall falsely or fraudulently false representa attempt to elude a quarantine, by false and unfounded declarations of the port or place from whence he came, or shall land, or suffer to be landed, from his vessel, any apparel, bedding, goods, or merchandise whatever, or any person, other than in the manner herein before provided, or permit any person to enter on board the same, before such vessel shall have been visited as aforesaid, shall forfeit a sum not less than one hundred dollars, nor exceeding five hundred dollars, or suffer imprisonment, not exceeding six months, or shall pay such fine and suffer such imprisonment both. may to be cleansed, a hospital. SECT. 142. Whenever a health officer, or member of the board Health officers of health, shall, on visiting any vessel as aforesaid, think it necessary order vessel that such vessel should be cleansed or purified, he shall direct the &c. master or commander of such vessel to hoist a white flag on the head of the mainmast, there to be kept during the day time. And such officer or member shall apply without delay to the board of health, to direct the time and manner in which the cargo on board such vessel, shall be in part or in whole cleansed or purified; and such vessel, or such part thereof as may be infected, shall be cleansed by being washed with a lye made of water and soap, or potash, barilla, or common ashes, or in such other method as such board shall direct. And whenever such vessel shall contain any person Persons diseased, laboring under a malignant, infectious disease, such person shall be to be removed to removed to a hospital, or other house in a healthful and safe situation, and nursed and provided for, in the manner prescribed by law. And such board may also, at its discretion, cause any passenger or Passengers, &c., passengers on board such vessel, and such of the mariners as the may be secluded. master or commander of such vessel shall not require to continue on board, to be removed from such vessel, and secluded on shore for the space of fourteen days, in such convenient place as the board shall direct; and if any person required to continue in such confinement, shall depart therefrom, without permission from the board of health, or of some person acting by its direction, he shall pay a fine not exceeding one hundred dollars; and if any person shall, Penalty for eswithout such permission, resort to or associate with any person or caping, and for persons so confined, he shall be deemed to be contaminated with associating with infection; and shall be liable to the same confinement and penalty cape. as are imposed upon such person or persons resorted to or associated with. those who es. tained by fraud SECT. 143. Whenever any certificate of health shall have been Certificates obgiven for any cargo, vessel, or person, if the board of health shall, or mistake, void. on examination, find that the same was obtained by fraud, or by any false or unfounded representation, or shall be of opinion that such vessel, person, or cargo, should perform further quarantine, for the purpose of being cleansed or purified, on notice thereof being given by the board to such person, or the owner, master, supercargo, or consignee, of such vessel or cargo, as the case may be, the same shall, in all respects, be liable to be proceeded with in the same manner as if no certificate of health had been given. may subject SECT. 144. Whenever the board of health in any town shall deem Board of health it expedient that vessels coming to or arriving in its town, or in the other vessels to waters contiguous thereto, from any port or place in the United quarantine. States, north of the capes of the Delaware, should perform quarantine, such board may subject such vessels to perform quarantine, and an order of such board, published in a newspaper printed in its town, or posted for three days on the sign-posts in such town, for that purpose, shall subject such vessels to quarantine, and thereupon such vessels and their cargoes, and the masters, owners, mariners, consignees, and all other persons, shall be liable to the same penal. ties, rules, regulations and restrictions, as are established by law, and shall have been, or may be established by such board, relative to vessels arriving or coming from a foreign port or place.. ,communication SECT. 145. Whenever any contagious or malignant disease is pre- May interdict valent in any town in this state, or in any town or place in any of with infected the adjoining states, the board of health of any other town in this places. state may interdict communication between its town and such in |