Section 2. And be it further enacted by the authority aforesaid, That no practising physician or other person or persons, shall be allowed to communicate the infection of small pox by inoculation or otherwise, within the jurisdiction of the board of health, unless by special permission of said board; and any practising physician, or other person or persons, so transgressing, shall be liable to a penalty, not exceeding one hundred dollars nor less than seventy, for each person so inoculated or infected as aforesaid, to be recovered and appropriated as directed by the act to which this is a supplement.