the Marshal of the District Court within which the
Supreme Court is by law to be holden, directing him
to adjourn the said session of the said Court to such
other place within the same or adjoining district as he
may deem convenient. And the District Judges,
under the same circumstances, have the same power to
adjourn to some other part of their several districts.
Bouvier, in his Law Dictionary, Vol. 1, p. 662, says:
"Offenses against the provisions of the health laws are
generally punished by fine and imprisonment. There
are offenses against public health, punishable by the
common law by fine and imprisonment, such, for ex-
ample, as selling unwholesome provisions."-4 Black-
stone's Comm., p. 162; 2 East. Pl. Cr., p. 822; 6 id.,
pp. 133-141; 3 Maule & S., p. 10; 4 Camb., p. 10.
Injuries to the health of particular individuals are in
general remedied by an action on the case, or, perhaps,
in some instances, for breach of contract, and may be
also by abatement, in some cases of nuisance.-Sec. 4
Blackstone's Comm., p. 197; Smith, For. Med., pp.
37-39. It may here be said that whatever police power
becomes necessary to be exercised for the preservation
of the public health is incident to the sovereign power
of a State. See appendix and notes to Federal and
State Constitutions, there given; see, also, 1 Story on
the Const., Secs. 509-517; Vol. 2, id., Sec. 1907, et seq.

2979. The State Board of Health must place Duties of. themselves in communication with the local Boards of Health, hospitals, asylums, and public institutions throughout the State, and take cognizance of the interests of health and life among the citizens generally. They must make sanitary investigations and inquiries respecting the causes of disease, especially of epidemics, the source of mortality, and the effects of localities, employments, conditions, and circumstances on the public health, and gather such information in respect to these matters as they may deem proper for diffusion among the people. They may devise some scheme whereby medical and vital statisties of sanitary value can be obtained, and act as an Advisory Board to the State in all hygienic and medical matters, especially such as relate to the location, construction, sewerage, and administration of prisons,

To report as to the

effect of intoxicat

hospitals, asylums, and other public institutions. They must, at each biennial session of the Legislature, make a report, with such suggestions as to legislative action as they deem proper.

NOTE.-Stats. 1869-70, p. 329, Sec. 2. Punishment for neglecting to perform duties under health laws.See Penal Code Cal., Secs. 377, 378.

2980. The Board must examine into and report what, in their best judgment, is the effect of the use ing liquors. of intoxicating liquor as a beverage upon the industry, prosperity, happiness, health, and lives of the citizens of the State; also, what legislation, if any, is necessary in the premises.

Time and place of meeting. To elect President and Secretary.

NOTE. Stats. 1869-70, p. 329, Sec. 3.

2981. The Board must meet at the Capital of the State, at least once in every three months. They must elect from their own number a President and a permanent Secretary; the latter must reside at the Capital, and is their executive officer. No member, except except the the Secretary, receives any compensation; but the actual traveling expenses of the members, while engaged in the duties of the Board, are allowed, and paid out of the General Fund.

No

member

Secretary

to receive

compensation.

Duties of
Secretary.

Salary of
Secretary.

NOTE.-Stats. 1869-70, p. 329, Sec. 3.

2982. The Secretary must superintend the work and perform such other duties as the Board may require. He must furnish the Legislature, when in session, such information cognate to this Chapter as, from time to time, may be necessary. An annual salary of twenty-five hundred dollars, and his office and other necessary expenses incurred in the performance of his duties, must be paid to him in the same manner as salaries of State officers are paid.

NOTE.-Stats. 1869-70, p. 330, Sec. 4.

of, limited.

2983. The expenses of the Board, including the Expenses salary of the Secretary, must not exceed four thousand

dollars per annum.

NOTE.-Stats. 1869-70, p. 330, Sec. 5.

ARTICLE II.

VACCINE AGENT.

SECTION 2993. Agent to obtain genuine vaccine matter.

2994. Compensation and duty of.

2993. The Vaccine Agent must obtain a supply

obtain

Agent to of the genuine vaccine matter, and preserve the same genuine for the use and benefit of the citizens of this State. matter.

NOTE.-Stats. 1852, p. 138, Sec. 1. In addition to the references given and language employed in note to Sec. 2978, ante, on the incidental authority of the State to regulate matters pertaining to the public health, we here call particular attention to 1 Tuck. Black. Comm. App., pp. 307-309; 2 Lloyd's Debates, pp. 234, 243, 244; McCullough vs. Maryland, 4 Wheat. R., p. 407; Martin vs. Hunter, 1 Wheat. R., p. 325; Houston vs. Moore, 5 Wheat. R., p. 49; Anderson vs. Dunn, 6 id, pp. 225, 226; Story on the Const., Vol. 2, Sec. 1907, where the "residuary sovereignty" of the people is discussed. When prefixing the word "expressly" to the word "delegate" in limiting the powers of the Federal Government was mooted in Congress, "it was remarked that it is impossible to confine a government to the exercise of express powers." See, also, Story on Const., Vol. 2, Sec. 1908; the Federalist, Nos. 33, 38, 42, 44.

vaccine

tion and

duty of.

2994. Such Agent must furnish genuine vaccine Compensamatter, approved by the State Board of Health, to any regular practicing physician in good standing in his profession in this State. He may charge and receive for every parcel of vaccine matter furnished the sum of five dollars, which is in full compensation for his services and expenses.

NOTE.-Stats. 1852, p. 138, Sec. 2.

71-VOL. I.

grounds,

ARTICLE III.

HEALTH AND QUARANTINE REGULATIONS FOR THE CITY AND HARBOR

OF SAN FRANCISCO.

SECTION 3004. Quarantine grounds, location of.

3005. Board of Health of San Francisco, how constituted.

3009. Deputy Health Officers, etc., to be appointed. 3010. Compensation of officers of Health Department. 3011. Expenses of Health Officer.

3012. General powers of Board of Health.

3013. Shipmasters to report infected vessels.

3014. Passengers and freight not to be landed without

permit.

3015. Duties of pilots.

3016. Penalty for neglect of masters of vessels to comply with sanitary regulations.

3017. Vessels from infected ports, etc., subject to quarantine. Masters to report such vessels. Such vessels not to cross certain line.

3018. Examination and inspection of vessels by Health

Officer.

3019. Passengers not to be landed without permit.

3020. Fees of Health Officer.

3021. Compulsory vaccination.

3022. Hospitals to be provided.

3023. Records of births, deaths, and interments to be kept. 3024. Returns of births, deaths, and number of stillborn

children.

3025. No bodies to be interred without permit.

3026. Return of interments to be made to Health Officer.

3027. Bodies not to be removed without permit.

3028. Nuisances on premises of non-residents, how abated. 3029. Health Officer to keep fee book.

3030. Bond of Health Officer.

3031. Health Officer may administer oaths.
3032. Actions, in whose name maintained.

Quarantine 3004. location of. harbor of Saucelito.

The quarantine grounds of the Bay and
San Francisco are at the anchorage of

NOTE.-Stats. 1870, p. 716, Sec. 1. Quarantine in maritime law, says Bouv. in his Law Dict., Vol. 2, p. 399, is "the space of forty days or less during which

the crew of a ship or vessel coming from a port or place
infected or supposed to be infected with disease are
required to remain on board after their arrival before
they can be permitted to depart." To break quaran-
tine is a misdemeanor.-1 Russel on Crimes, p. 133.
Penal Code Cal., Secs. 376, 377, 378.

3005. The Board of Health for the City and

Board of

Health of

San Fran

cisco, how

County of San Francisco consists of the Mayor of the city and county, and four physicians in good standing constituted. residing in the City and County of San Francisco, appointed by the Governor and holding their offices Term of for the term of five years.

NOTE.-Stats. 1870, p. 716, Sec. 2.

office.

Mayor ex

officio

Time of

3006. The Mayor is ex officio President of the Board. The Board must meet monthly, and at such President. other times as the President may direct. In the meeting. absence of the President, the Board may elect a Chairman, who is clothed with the same powers as the President.

NOTE.-Stats. 1870, p. 716, Sec. 3.

officer.

election.

3007. The Health Officer for the City and County Health and port of San Francisco is elected by the Board of His Health, and holds office at its pleasure. He must be a graduate of some medical college, in good standing, and must reside within the city limits of San Francisco.

NOTE.-Stats. 1870, p. 716, Sec. 4.

3008. The Health Officer may perform all acts Powers of. which quarantine officers are usually authorized to perform, and he is the executive officer of the Board of Health.

NOTE.-Stats. 1870, p. 717, Sec. 5.

Health

to be

3009. The Board of Health must appoint a Deputy Deputy Health Officer, who is a physician in good standing; a Officer, etc., Secretary, two Health Inspectors, one Market Inspect- appointed. or, and one Messenger, whose duties must be fixed by the Health Officer.

NOTE.-Stats. 1869-70, p. 717, Sec. 6.