The Montgomery advertiser., 1903-10-23

has died of an infectious, contagious or pestilential disease the said sheriff shall if practicable summon such persons as have had and have recovered from the disease of which the deceased person died, and provided further that nothing in this act shall apply to the body of a deceas- ed person upon which coroner's inquest has been, or should be, ordered
 Sec. 20. The State Board of Health shall prescribe the rules and regulations under which the bodies of deceased per sons may be brought Into, or transported through, this State; and also the r,,les and regulations under which such bodies may be transported from one county to another county in this State, provided that the said State Board of Health may. in Ns discretion, forbid the conveyance into or through this State, or from one county to another county in this State. or the body of person who has died of an infectious. contagious. or pestilentiaI disease. This section shall not he so construed as to prevent county boards of health from regulating the transuorta- tion of the bodies of deceased persons within their respective county limits.
 Sec. A. Whenever 1t is proposed to locate cemetery, or to extend the ooondaries Of an existing cemetery, the party or parties SO proposing shall mske written application to the fudge of probate and commissioners of the coun- ty' or to the mayor and council of an incorporated city, or town, acordin9 to whether said cemetery, or extension of a cemetery, is to be located in tba Jurisdiction of one or the ot6er of these authorities, describing ac- curately the location and bounda ries or the proposed cemetery, or extension of cemetery. Before acting upon the ap- pncauon the judge of probate and com- missioners of the county. or the mayor and council of an incorporated citv or town. as the case may be- shall refer inc application to the board of health of the county for investigation from a sanitary standpoint. In making such investigation the county board of health shall take into consideration the proximity of the proposed cemetery, or extension of A cemetery. to human habitations, the na- ture of the soil, the drainage of the ground. the danger of pollution of valua- ble springs and streams of water. and such other conditions and surroundings as would bear upon the sanitary aspect of the situation. Having completed It's in- vestigation. as promptly as can be done. the county board of health shall submit report to the judge of probate and commissioners. or to the mayor and coun- ciL as the case may be, and either ap- prove or disapprove tne application. If the latter. the board shall set forth at length its yeasons for such disapproval. Having received the report from the coln- ty board of health, the judge of probate and commissioners. or the mayor and council. as the case may be. shall either grant or deny the application. giving due weight In reaching either conclusion to the views expressed by the county board of health. Should the application be granted the judge of probate and com missioners or the mayor and council, as the case may be, shall issue to the party or parties making the application, and in such form as they may prescribe license to establish, or extend. the ceme- tery in question. The said license shall. upon the payment of fifty cents by the party or parties making the application. be recorded in the office of the judge of probate of the County.
 Sec. 2. When an expense has been in- cured by any health officer. sheriff or bonded constable in the execution of the duties required by Section IA. 15 or IS. of this act said health officer, sheriff. or bonded constable. as the case may be, shall have a right of action against the recovery of the same. Provided. that no more than Is fair and reasonable shall be recovered as the court or jury shall de- termtne.
 Sec. 8. That all laws and parts of laws in conflict with the provisions hereof shall be and the same are hereby repealed. but nothing in this act shall be so construed as to amend or repeal any State quaran- tine law, or any local public health or quarantine law applying to a County. Nothing herein contained shall be com strued to repeal any local law regulating nuisance or the public health.
 Approved Oct. 9, 1903.
 Official.
 J. THOS. HEFLIN.