HEALTH. Freedom from pain or sickness; the most perfect state of animal
life. It may be defined, the natural agreement and concordant dispositions
of the parts of the living body.
2. Public health is an object of the utmost importance and has
attracted the attention of the national and state legislatures.
3. By the act of Congress of the 25th of February, 1799, 1 Story's L.
U. S. 564, it is enacted: 1. That the quarantines and other restraints,
which shall be established by the laws of any state, respecting any vessels
arriving in or bound to any port or district thereof, whether coming from a
foreign port or some other part of the United States, shall be observed and
enforced by all officers of the United States, in such place. Sect. 1. 2. In
times of contagion the collectors of the revenue may remove, under the
provisions of the act, into another district. Sect. 4. 3. The judge of any
district court may, when a contagious disorder prevails in his district,
cause the removal of persons confined in prison under the laws of the United
States, into another district. Sect. 5. 4. In case of the prevalence of a
contagious disease at the seat of government, the president of the United
States may direct the removal of any or all public offices to a place of
safety. Sect. 6. 5. In case of such contagious disease, at the seat of
government, the chief justice, or in case of his death or inability, the
senior associate justice of the supreme court of the United States, may
issue his warrant to 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 may, under the
same circumstances, have the same power to adjourn to some other part of
their several districts. Sect. 7.
3. Offences against the provisions of the health laws are generally
punished by fine and imprisonment. These are offences against public health,
punishable by the common law by fine and imprisonment, such for example, as
selling unwholesome provisions. 4 Bl. Com. 162; 2 East's P. C. 822; 6 East,
R.133 to 141; 3 M. & S. 10; 4 Campb. R. 10.
4. Private injuries affecting a man's health arise upon a breach of
contract, express or implied; or in consequence of some tortious act
unconnected with a contract.
5.-1. Those injuries to health which arise upon contract are, 1st.
The misconduct of medical men, when, through neglect, ignorance, or wanton
experiments, they injure their patients. 1 Saund. 312, n. 2. 2d. By the sale
of unwholesome food; though the law does not consider a sale to be a
warranty as to the goodness or quality of a personal chattel, it is
otherwise with regard to food and liquors. 1 Rolle's Ab. 90, pl. 1, 2.
6.-2. Those injuries which affect a man's health, and which arise
from tortious acts unconnected with contracts, are, 1st. Private nuisances.
2d. Public nuisances. 3d. Breaking quarantine. 4th. By sudden alarms, and
frightening; as by raising a pretended ghost. 4 Bl. Com. 197, 201, note 25;
1 Hale, 429; Smith's Forens. Med. 37 to 39; 1 Paris & Fonbl. 351, 352. For
private injuries affecting his health a man may generally have an action on