Should we grant the correctness of the appellant’s position, the case is still with the plaintiff.

The powers and duties of the Board of Health, irrespective of the Acts of 1855 and 1870, are to be found in the Revised Statutes, secs. 3032-3063 inclusive. The contents of these various sections are *436covered by a title which in terms provides for the creation of a Board of Health.

Judgment affirmed.