1782 ARTICLE 43

Court for the county in which such nuisance shall exist, or: to the Judge of
the Circuit Court of Baltimore City, as the case may be, in term, time or
vacation, for an injunction to restrain and prevent such nuisance no matter
by whom or what authority committed. They shall have the power to enter
upon and inspect private property in regard to the presence of nuisances,
cases of infectious and contagious diseases and to determine the cause and
source of diseases; to make rules and regulations not inconsistent with law
regulating the character and location of plumbing, drainage, water supply,
disposal of sewage, garbage or other waste material and offensive trades; the
sanitary condition of streets, alleys, outhouses, cesspools and. all sanitary
features connected therewith: no rule or regulation, however, to carry: a
higher penalty than one hundred dollars for each offense and all such rules
and regulation to bear the seal of the State Board of Health and be attested
by its secretary and be published not less than three times in some daily
newspaper published in the city of Baltimore, such rules and regulations
not. to be effective until thirty days after their publication.

This section referred to in holding that, a bill filed by county commissioners of
Baltimore County to enjoin Baltimore City from dumping garbage, etc., made out
a ease for the relief prayed; demurrer; nuisance. Baltimore v. Board of Health, 139
Md. 216.

See sec. 32.

An. Code, 1924, sec. 4. 1912, sec. 2A. 1914, ch. 675.

3. The State Board of Health by any member thereof shall have power
to administer oaths, certify to official acts, issue subpoenas, compel the
attendance of witnesses and production of papers, books, documents and
testimony. In case of the failure of any person to comply with any sub-
poena lawfully issued, or on refusal of any witness to testify to any matter
regarding which he may be lawfully interrogated, it shall be the .duty of
the Circuit Court of any county or the judge thereof, or of either of the
Circuit Courts of Baltimore, City or the judges thereof, on application of
any member of the State Board of Health, to compel obedience by attach-
ment proceedings for contempt. Every witness who shall appear before
the Board by its orders shall receive for his attendance the fees now pro-
vided for witnesses in civil cases in courts of record, which shall be audited
and paid by the State in the same manner as other expenses are audited
and paid upon the presentation of properly verified vouchers. But no
witness subpoenaed at the instance of parties other than the Board shall be
entitled to compensation from the State for attendance ,or travel unless the
Board shall certify that his or her testimony was material to the matter
investigated. Fees paid under this section shall be charged to the general
appropriation for the State Board of Health. The State Board of Health
may, in any investigation, cause depositions of witnesses residing within
or without the State to be taken in the manner prescribed by the law for
like depositions in civil actions in courts of record.

An. Code, 1924, sec. 5. 1912, sec. 3. 1904, sec. 3. 1888, sec. 3. 1880, .ch. 438, sec. 4.

4. The said board shall meet quarterly in the city of Baltimore and at
such other times and places as they shall appoint, a majority to be a quorum
for the transaction of business; they shall elect one of their number to be
president of the board and adopt all needful rules and regulations subject
to the provisions of this article; they shall organize, as far as practicable,
in every city, village and legislative district in this State, local boards or
advisory committees to serve without pay, to assist the board in the proper