COLUMBIA LIBRARIES OFFSITE HEALTH SCIENCES STANDARD HX64073300 Natural Limitation Any R A1 21 . A5 N48 1 91 6 The public health la 0wn Death Rate NEW YORK STATE DEPARTMENT OF HEALTH ALBANY, N. Y. PUBLIC HEALTH MANUAL OCTOBER 1, 1916 -.li.sjjsujhuaa'.rl HERMANN M. BIGGS, M.D. imissioner RECAP :_ • Columbia Sfnittf t*ttp intijeCttptfJIeflgork CoUege of $J)$>gictang anb burgeon* Htbrarp NEW YORK STATE DEPARTMENT OF HEALTH HERMANN M. BIGGS, M. D. Commissioner The Public Health Law CONTAINING ALSO wgitizecfby the Internet Archive The Provision ^Wfa^tifrSdmA. Laws Relatin^ n MS!8iffi Heaitfi 8 AND Rules and Regulations of the New York State Department of Health ALBANY ittp://w\^v^^^.^«^^-^NWpetft3r^^trilawc00newy 1916 PUBLIC HEALTH LAW Table of Contents PAGE Officers of the Department 2 The Public Health Law 7 State Department of Health 7 Local Boards of Health 22 Adulterations 48 Potable Waters 55 Quarantine at the Port of New York 75 Health officer of the Port of New York 81 Practice of Medicine 97 Dental Societies and the Practice of Dentistry. 112 Veterinary Medicine and Surgery 131 Pharmacy 141 Habit Forming Drugs 163 Registration of Nurses 171 Chiropody 173 Embalming and Undertaking 183 Optometry 191 Preservation of Life and Health 196 Vaccination of School Children 198 Institutions for Children 202 Tuberculosis Law 210 Cold Storage 224 Pasteur Institute and the Prevention of Hydrophobia 231 Cleanliness in the Preparation and Service of Pood 232 Suppression of Certain Nuisances , . 233 State Institute for the Study of Malignant Disease 237 Operations for the Prevention of Procreation . . 241 Sanitary Conditions in Hotels 243 Vital Statistics 245 Extracts from Other Laws Concerning Public Health and Public Health Authorities: Agricultural Law 267 Conservation Law 296 County Law 298 Domestic Relations Law 322 Drainage Law 335 Education Law 336 General Business Law 345 4 Contents PAGE Extracts from Other Laws, Etc. — Continued: General City Law 347 General Municipal Law 348 Insanity Law 350 Labor Law 363 Penal Law 389 Town Law 410 Village Law 430 General Rules and Regulations Established by the Commissioner of Health: Rules Relating to the Transportation of the Dead 443 Regulations Governing Cold Storage and Re- frigerating Warehouses 445 Rules for cleansing and disinfection 451 The Sanitary Code: Introductory Note 474 Chapter I. Definitions and General Provi- sions 476 Chapter II. Communicable Diseases 477 Chapter III. Milk and Cream 500 Chapter IV. Midwives 510 Chapter V. Labor Camps 513 Chapter VI. Nuisances which may affect life and health 519 Chapter VII. Miscellaneous 520 Qualifications of Health Officers, Sanitary Supervisors, Supervising Nurses and Public Health Nurses 524 Regulations in regard to official order blanks for purchase of habit forming drugs 170 Creation of commission to negotiate transfer of quarantine station to United S'tates 80 NEW YORK STATE DEPARTMENT OF HEALTH Commissioner, Hermann M. Biggs, M.D., LL.D. Deputy Commissioner. Linnly R. Williams, M.D. Secretary, Matthias Nicoll, jr., M.D. Directors of Divisions Division of Sanitary Engineering .. Theodore Horton, C.E. Division of Laboratories and Research Augustus B. Wadsworth, M.D. Division of Vital Statistics Cressy L. Wilbur, M.D. Division of Communicable Diseases. . .Fred M. Meadeb, M.D. Division of Child Hygiene Henry L. K. Shaw, M.D. Division of Public J lealth Education Supervisor of Tuberculosis Otto R. Eichel, M.D. Consulting Staff Bacteriologist William H. Park, M.D. Director, Laboratories, N. Y. City Dept. of Health Animal Pathology Theobald Smith, M.D. Former Professor, Comparative Pathology. Harvard University; Director, Division of Animal Pathology, Rockefeller Institute for Medical Research Communicable Disease Alvah H. Doty, M.D. Former Health Officer of the Port of New York Surgeon George D. Stewart, M.D. Professor of Surgery, New York University and Bellevue Hospital Medical College Dermatologist Frederic C. Curtis, M.D. Former Professor, Dermatology, Albany Medical Colleee Pediatrician L. Emmett Holt, M.D., LL.D. Professor, Diseases of Children, Columbia University, New York City Statistician Walter F. Willcox, Ph.D. Professor, Political Economy and Statistics, Cornell University Public Health Education C.-E. A. Winslow Professor of Public Health, l'ale University Public Health Council Hermann M. Biggs, M.D., LL.D., New York City, Chairman Mrs. Elmer Blair Albany Chairman, Public Health Dept.. General Federation of "Women's Clubs Simon Flexner, M.D., LL.D New York City Director, Laboratories of Rockefeller Institute for Medical Research Homer Folks, LL.D Yonkers Secretary, State Charities Aid Association Henry N. Ogden, C.E Ithaca Professor, Sanitary Engineering, Cornell University T. Mitchell Prudde>, M.D.. LL.D New York City Vice-president, Board of Scientific Directors, Rockefeller Institute for Medical Research Wilhelm Gaertner, A.M., M.D., Ph.D Buffalo Attending Physician, German Hospital PUBLIC HEALTH LAW L. 1909, ch. 49, constituting chap. 45 of Cons. Laws ARTICLE I Short Title Section 1. Short title. This chapter shall be known as the " Public Health Law." ARTICLE II State Department of Health Section 2. State department of health; commissioner of health; deputy. 2-a. Public health council. 2-b. Sanitary code. 2-c. Enforcement of sanitary code. 3. Compensation of officers and employees. 3-a. Divisions. 4. General powers and duties of commissioner. 4-a. Sanitary districts; sanitary supervisors; public health nurses. 4-b. Duties of commissioner with respect to laboratories. 4-c. Duties of commissioner with respect to hospitals for contagious diseases. 5. Duties with respect to vital statistics. 5-a. Regulation and control of autopsies. 6. Nuisances. 7. Overflow of water from the canals. 8. Employment of local boards and experts. [7] 8 The Public Health Law Section 9. Examination and inspection of public works. 10. Acquisition of land. 11. Power of commissioner where board of health fails to appoint health officer. 12. Annual report. 13. Tenement houses in cities. 14. Approval of plans for certain works built by state and inspection of state institu- tions by state commissioner of health. 15. State board of health to mean department of health. 16. Pending actions and proceedings not af- fected. 17. Violations of health laws or regulations § 2. State department of health; commissioner of health; deputy. The state department of health and the office of commissioner of health are continued. The commissioner of health shall be the head of such department. Such commissioner shall be appointed by the governor, by and with the advice and consent of the senate, and shall be a physician, a graduate of an incorporated medical college, of at least ten years' experience in the actual practice of his profession, and of skill and experience in public health duties and sani- tary science. During his term of office he shall not engage in any occupation which would conflict with the performance of his official duties. The term of office of the commissioner shall be six years, beginning on the first day of January of the year in which he is appointed. The commissioner of health shall appoint and at pleasure remove a deputy commissioner, who shall be a physician actively engaged in the practice of his profession in this state for at least five years. Public Health Council 9 The deputy shall perform such duties as shall be pre- scribed by the commissioner. (Anrd by L. 1913, ch. 559. in effect May 16, 1913.) § 2-a. Public health council. There shall be a public health council to consist of the commissioner of health, and six members hereinafter called the appointive mem- bers, to be appointed by the governor, of whom at least three shall be physicians and shall have had training or experience in sanitary science, and one shall be a sanitary engineer. Of the appointive members first appointed one shall hold office until January first, nineteen hundred and fourteen, one until January first, nineteen hundred and fifteen, one until January first, nineteen hundred and sixteen, one until January first, nineteen hundred and seventeen, one until Jan- uary first, nineteen hundred and eighteen, and one until January first, nineteen hundred and nineteen, and the terms of office of members thereafter appointed, except to fill vacancies, shall be six years. Vacancies shall be filled by appointment for the unexpired term. The public health council shall meet as frequently as its business may require, and at least twice in each year. The governor shall designate one of the members of the public health council as its* chairman. The commis- sioner of health upon the request of the public health council shall detail an officer or employee of the de- partment of health to act as secretary of the public health council, and shall detail from time to time such other employees as the public health council may re- quire. The public health council shall enact and from time to time may amend by-laws in relation to its meetings and the transaction of its business. The mem- bers of the public health council other than the com- missioner of health shall each receive an annual salary of one thousand dollars and all members shall be reimbursed for their reasonable and necessary travel- 10 The Public Health Law ing and other expenses incurred in the performance of their official duties. (Added by L. 1913, ch. 559, in effect May 16, 1913.) § 2-b. Sanitary code. The public health council shall have power by the affirmative vote of a majority of its members to establish and from time to time amend sanitary regulations, hereinafter called the sanitary code, without discrimination against any licensed phy- sicians. The sanitary code may deal with any matters affecting the security of life or health or the preserva- tion and improvement of public health in the state of New York, and with any matters as to which juris- diction is hereinafter conferred upon the public health council. The sanitary code may include provisions regulating the practice of midwifery and for the pro- motion of health in any or all Indian reservations. Every regulation, adopted by the public health council shall state the date on which it takes effect, and a copy thereof, duly signed by the secretary of the public health council, shall be filed in the office of the secretary of state, and a copy thereof shall be sent by the com- missioner of health to each health officer within the state, and shall be published in such manner as the public health council may from time to time determine. The provisions of the sanitary code shall have the force and effect of law and any violation of any portion thereof may be declared to be a misdemeanor. No pro- vision of the sanitary code shall relate to the city of New York or any portion thereof, and every provision of the sanitary code shall apply to and be effective in all portions of the state except the city of New York unless stated otherwise. (Added by L. 1913, ch. 559, in effect May 16, 1913.) § 2-c. Enforcement of sanitary code. The provisions of the sanitary code shall, as to matters to which it relates, and in the territory prescribed therefor by the Public Health Council 11 public health council, supersede all local ordinances heretofore or hereafter enacted inconsistent therewith. Each city, town or village may, in the manner herein- after prescribed, enact sanitary regulations not incon- sistent with the sanitary code established by the public health council. The public health council shall have power to prescribe by regulations the qualifications of directors of divisions, sanitary supervisors, local health officers hereafter appointed and public health nurses. The actions, proceedings and authority of the state health department in enforcing the provisions of the public health law and sanitary code applying them to specific cases shall at all times be regarded as in thei* nature judicial, and shall be treated as prima facie just and legal. All meetings of said public health council shall in every suit and proceeding be taken to have been duly called and regularly held, and all regu- lations and proceedings to have been duly authorized unless the contrary be proved. The public health council shall have no executive, administrative or appointive duties. It shall, at the request of the commissioner of health, consider any mat- ter relating to the preservation and improvement of public health, and may advise the commissioner thereon; and it may from time to time submit to the commissioner any recommendations which it may deem wise. (Added by L. 1913, eh. 559, in effect May 16, 1913.)' § 3. Compensation of officers and employees. The commissioner of health shall receive an annual salary of eight thousand dollars, and his expenses actually and necessarily incurred in the performance of his official duties, to be paid monthly on the audit of the comptroller. The deputy commissioner of health shall receive an annual salary of five thousand dollars and his expenses actually and necessarily incurred in the performance of his official duties, to be paid monthly 12 The Public Health Law on the audit of the comptroller. The commissioner of health may employ such clerical and other assistants as are necessary for the proper performance of the powers and duties of the department, and fix their com- pensation within the. amount appropriated therefor by the legislature. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 3-a. Divisions. There shall be in the state depart- ment of health the following divisions, together with such other divisions as the commissioner may from time to time determine: 1. Division of administration; 2. Division of sanitary engineering; 3. Division of laboratories and research; 4. Division of communicable diseases; 5. Division of vital statistics; 6. Division of publicity and education; 7. Division of child hygiene; 8. Division of public health nursing; 9. Division of tuberculosis. Each such division shall be under the management of a director appointed by the commissioner. (Added by L. 1913, ch. 559, in effect May 16, 1913.) § 4. General powers and duties of commissioner. The commissioner of health shall take cognizance of the interests of health and life of the people of the state, and of all matters pertaining thereto. He shall exer- cise general supervision over the work of all local health authorities except in the city of New York. He shall be charged with the enforcement of the public health law and the sanitary code. He shall make in- quiries in respect to the causes of disease, especially epidemics, and investigate the sources of mortality, and the effect of localities, employments and other conditions, upon the public health. He shall obtain, State Department op Health 13 collect and preserve such information relating to mor- tality, disease and health as may be useful in the discharge of his duties or may contribute to the pro- motion of health or the security of life in the state. He may issue subpoenas, compel the attendance of wit- nesses and compel them to testify in any matter or proceeding before him, and a witness may be required to attend and give testimony in a county where he resides or has a place of business without the payment of any fees. The commissioner of health may reverse or modify an order, regulation, by-law or ordinance of a local board of health concerning a matter which in his judgment affects the public health beyond the territory over which such local board has jurisdiction; and may exercise exclusive jurisdiction over all lands acquired by the state for sanitary purposes. The commissioner of health and any person authorized by him so to do, may, without fee or hindrance, enter, examine and survey all grounds, erections, vehicles, structures, apartments., buildings and places. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 4-a. Sanitary districts; sanitary supervisors; pub- lic health nurses. The commissioner of health shall from time to time divide the state, except cities of the first class, into twenty or more sanitary districts. He shall appoint for each of such districts a sanitary supervisor who shall be a physician. Each sanitary supervisor, under the direction of the commissioner of health and subject to the provisions of the sanitary code, shall, in addition to such other duties as may be imposed upon him, perform the following duties: 1. Keep himself informed as to the work of each local health officer within his sanitary district; 2. Aid each local health officer within his sanitary district in the performance of his duties, and particu- larly on the appearance of any contagious disease; 14 The Public Health Law 3. Assist each local health officer within his sanitary district in making an annual sanitary survey of the territory within his jurisdiction, and in maintaining therein a continuous sanitary supervision; 4. Call together the local health officers within his district or any portion of it from time to time for conference; 5. Adjust questions of jurisdiction arising between local health officers within his district ; 6. Study the causes of excessive mortality from any disease in any portion of his district; 7. Promote efficient registration of births and deaths; 8. Inspect from time to time all labor camps within his district and enforce the regulations of the public health council in relation thereto; 9. Inspect from time to time all Indian reservations and enforce all provisions of the sanitary code relating thereto; 10. Endeavor to enlist the cooperation of all the organizations of physicians within his district in the improvement of the public health therein; 11. Promote the information of the general public in all matters pertaining to the public health; 12. Act as the representative of the state commis- sioner of health, and under his direction, in securing the enforcement within his district of the provisions of the public health law and the sanitary code. The commissioner of health, whenever he may deem it expedient so to do, may employ such number of pub- lic health nurses as he may deem wise within the limits of his appropriation, and may assign them from time to time to such sanitary districts and in such manner as in his judgment will best aid in the control of con- tagious and infectious diseases and in the promotion of public health. (Added by L. 1913, ch. 559, in effect May 1G, 1913.) State Department of Health 15 § 4-b. Duties of commissioner with respect to labora- tories. The commissioner of health shall establish and maintain one or more laboratories with such expert assistants and such facilities as are necessary for routine examinations and analyses, and for original investigations and research in matters affecting public health. He shall have authority to make, at the ex- pense of the state, such examinations and analyses at the request of any health officer or of any physician. He may enter into contracts with laboratories in locali- ties accessible to the various portions of the state for the prompt examination of specimens received from local health officers or physicians and for the immedi- ate report thereon, at the expense of the state; pro- vided that all such laboratories shall conform to stand- ards of efficiency established by the public health coun- cil, and that no obligation shall be incurred by the commissioner in excess of the sums available therefor. (Added by L. 1913, ch. 559, in effect May 16, 1913.) § 4-c. Duties of commissioner with respect to hospi- tals for contagious diseases. The commissioner of health shall from time to time submit to the authorities of the several municipalities of the state such recom- mendations as he may deem wise as to the establish- ment of hospitals for contagious diseases, indicating the diseases for which in his judgment provision should be made and the extent of such provision. It shall be the duty of the commissioner to inspect from time to time all hospitals for contagious diseases maintained under the jurisdiction of any municipal authority and to report as to the condition and needs of such hos- pitals to the authorities of the municipality, and to include an abstract of such reports in his annual re- port. The public health council may from time to time establish regulations for the maintenance of hos- pitals for contagious diseases. (Added by L. 1913, ch. 559, in effect May 16,. 1913.) 16 The Public Health Law § 5. Duties with respect to vital statistics. (Re- pealed. See new Vital Statistics Law, article xx* herein.) § 5-a. Regulation and control of autopsies. The commissioner of health shall prescribe and prepare the necessary methods and forms for obtaining and preserving records and statistics of autopsies which are conducted by the coroner or by his order within the state of Xew York, and shall require all those per- forming such autopsies, for the purpose of determining the cause of death, to enter upon such record the patho- logical appearances and findings embodying such infor- mation as may be prescribed, and to append thereto the diagnosis of the cause of death, and a copy thereof shall be duly filed, within ten days, with the coroner of the county in which such autopsy shall be held, and a transcript thereof shall be filed, within ten days thereafter, by the coroner, with the state commissioner of health, and it shall thereupon become a matter of public record which shall be open to the inspection and transcription of and by one affected or likely to be affected, in a civil or criminal action, by its contents, upon an order of a court of record or of a justice of the supreme court. It shall be the duty of any surgeon performing such an autopsy, under the provisions of this section, to per- mit the attendance, as a matter of right, of a person, or the medical representative of such person, likely to be the defendant or representative of such deceased per- son in a civil or criminal action, of which such autopsy and its findings and conclusions may prove to become a part, or in any way affected thereby. (Added by L. 1913, ch. 620, in effect May 21. 1913.) § 6. Nuisances. The commissioner of health shall have all necessary powers to make examinations into * This reference relates to second article xx. State Department of Health 17 nuisances, or questions affecting the security of life and health in any locality. Whenever required by the governor of the state, he shall make such an examina- tion and shall report the results thereof to the gov- ernor, within the time prescribed by him therefor. The report of every such examination, when approved by the governor, shall be filed in the office of the secretary of «tate, and the governor may declare the matters public nuisances, which may be found and certified in any such report to be nuisances, and may order them to be changed, abated or removed as he may direct. Every such order shall be presumptive evidence of the exist- ence of such nuisance; and the governor may, by a pre- cept under his hand and official seal, require the district attorney, sheriff and other officers of the county where such nuisance is maintained, to take all necessary measures to execute such order and cause it to be obeyed, and the acts of any such county officer in the abatement of any such nuisance, reasonable or necessary for such abatement, shall be lawful and justifiable and the order of the governor a sufficient protection to such officer. The expense of such abatement shall be paid by the municipality where the nuisance occurs, and shall be a debt recoverable by such municipality of all per- sons, maintaining it or assisting in its maintenance, and a lien and charge upon the lands upon which the nuisance is maintained, which may be enforced by a sale of such lands to satisfy the same. § 7. Overflow of water from the canals. Whenever water escaping or discharged from any of the canals of the state, through water gates, spillways or otherwise, shall overflow adjacent lands, or any creek or stream receiving such waters, or collect in stagnant pools along the canal or any such creek or stream to such an extent as to cause disease or sickness to the inhabitants of the vicinity, any three of such inhabitants may make a 18 The Public Health Law written complaint thereof under oath to the commis- sioner of health, setting forth the extent of the injury to the public health, so far as is within their knowledge, and the length of time the disease or sickness has ex- isted, which shall be accompanied by a verified certifi- cate of a practicing physician of the vicinity, stating the facts known to him, pertaining to the allegations of the complaint. Upon receipt of such complaint, the commissioner of health shall forthwith examine into the facts and circumstances therein set forth, and may call on the state engineer to make such surveys as they may require for their information, who shall make the same without delay, and if such commissioner is satis- fied that such disease or sickness exists, and is caused by waters of the canal escaping or discharged therefrom, he shall so report to the superintendent of public works, without unnecessary delay, who shall forthwith abate the cause of such disease or sickness. § 8. Employment of local boards and experts. When- ever requested by the commissioner of health, any city board of health in this state may appoint one of its members to act with and assist the commissioner dur- ing the examination of any nuisance, or for the pur- pose of determining whether a public nuisance exists. Such representative may take part in such examination, and sit with the commissioner during the conduct thereof, but the final determination of the questions involved shall rest solely with the commissioner. The commissioner may from time to time employ competent persons to render sanitary service, and make or super- vise practical and scientific investigations and examina- tions requiring expert skill, and prepare plana and reports relative thereto. § 0. Examination and inspection of public works. All persons having the control, charge or custody of any public structure, work or ground, or of any plan, de- scription, outline, drawing or chart thereof or relating rfTATE Department of Health 19 thereto, made, kept or controlled by or under any public authority, shall permit and facilitate the examination, inspection and copying thereof by the commissioner of health, or by any person authorized by him to make such examination or inspection or such copies. § 10. Acquisition of land. If the commissioner of health or the health officer of the port of New York shall certify to the commissioners of the land office that by reason of sudden emergency the acquisition of any land is immediately necessary for quarantine or other purposes to prevent great danger to the public health, and such commissioners are satisfied that such action is necessary, such commissioners may acquire by pur- chase or by condemnation, in the name of the people of the state of New York, such land as in their judg- ment is necessary and suitable for such purposes. § 11. Power of commissioner where board of health fails to appoint health officer. If any local board of health shall fail to appoint a health officer, the com- missioner of health may, in such municipality, exer- cise the powers of a health officer thereof. The ex- penses lawfully incurred by him in such municipality shall be a charge upon and paid by such municipality until such time as a local health officer shall be ap- pointed therein, whereupon the jurisdiction of the com- missioner of health conferred by this section shall cease. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 12. Annual report. The commissioner of health shall annually, on or before the first Monday in Feb- ruary, make a written report to the governor upon the vital statistics and sanitary conditions and prospects of the state. Such reports shall set forth the action of the department and of its officers and agents and the names thereof during the past year, a detailed statement of all moneys paid out by or on account of the department, and the manner of its expenditure during the year, and 20 The Public Health Law other useful information, and shall suggest any further legislative action or precaution deemed necessary for the better protection of life and health. § 13. Tenement houses in cities. The commissioner shall have power to examine into the enforcement of the laws relating to tenement houses in any city. Whenever required by the governor, he shall make such an examination and shall report the results thereof to the governor within the time prescribed by him therefore. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 14. Approval of plans for certain works built by state and inspection of state institutions by state com- missioner of health. In all buildings and institutions, owned, maintained or controlled by the state, the plans for all water supply, sewerage, sewage-disposal and garbage-disposal works, shall be subject to the ap- proval of the state commissioner of health before being adopted or constructed. The state commissioner of health shall make from time to time and at least once in each year, an examination and inspection of the sanitary conditions of all state institutions and trans- mit copies of his report and recommendations thereon to the president of the board of managers or trustees or other authority in charge of such institution and to the fiscal supervisor of state charities in case of institutions reporting to that official. It shall be the duty of the superintendents of said institutions to immediately report an outbreak of a contagious or in- fectious disease to the state commissioner of health, and upon receipt of such report the state commissioner of health shall advise the superintendent of said insti- tution as to the best means to effectually control said disease. It shall be the duty of the state commissioner of health to make regular analyses of the water supplies of said institutions, at least twice in each year, and State Department of Health 21 furnish copies of his reports thereon to the president of the board of managers or trustees or other authority in charge of the institutions, and to the fiscal super- visor of state charities in case of institutions reporting to that official. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 15. State board of health to mean department of health. Whenever the term " state board of health " occurs or any reference is made thereto, in any law, it shall be deemed to mean or refer to the department of health as described in this article. The commissioner of health shall have all the powers conferred and per- form all the duties imposed by law upon the state board of health, or any member, committee or officer thereof, including the secretary. § 16. Pending actions and proceedings not affected. This article shall not affect actions or proceedings, civil or criminal, brought by or against the state board of health, and pending on February nineteenth, nineteen hundred and one, but such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by the commissioner of health as if the foregoing provisions had not taken effect. Xor shall any of the foregoing provisions affect in any manner any order or recommendation made by, or any other matters or proceedings before such state board of health, and all such matters and proceedings pending before such board on the above date shall be continued before the commissioner of health. § 17. Violations of health laws or regulations. Any person violating, disobeying or disregarding the terms of any lawful notice, order or regulation prescribed by the state commissioner of health or by the sani- tary code, or any provision of the public health law or sanitary code, for which a civil penalty is not other- wise expressly prescribed by law. shall be liable to the people of the state for a civil penalty of not to 22 The Public Health Law exceed fifty dollars for every such violation. The said penalty may be recovered by an action brought by the state commissioner of health in any court of compe- tent jurisdiction. Nothing in this section contained shall be construed to alter or repeal any existing pro- vision of law declaring such violations or any of them misdemeanors or felonies or prescribing the penalty therefor. (Added by L. 1915, eh. 384, am'd by L. 1916, ch. 372, in effect May 1, 1916.) ARTICLE III Local Boards of Health Section 20. Local boards of health. 21. General powers and duties of local boards of health. 21-a. Powers and duties as to sewers. 21-b. General powers and duties of health offi- cers. 21-c. Public health nurses. 22. Vital statistics. 23. Burial and burial permits. 24. Regulating interments in cemeteries. 25. Infectious and contagious or communi- cable diseases. 26. Nuisances. 27. Owner to bear all or part of expense of removal of waters wherein mosquito larvae breed. 28. Assessing cost on property benefited. 29. Municipality may bear part of expense. • 30. Assessing expense upon property benefited. 31. Removal of nuisances. 32. Expense of abatement of nuisances a lien upon the premises. 33. Manufactures in tenement houses and dwellings. Local Boards of Health 23 Section 34. Jurisdiction of town boards. 35. Expenses, how paid. 36. Relief of indigent Indians in case of epi- demic. 36-a. Care and maintenance of carriers of disease. 37. Mandamus. 38. Exceptions and limitations as to city of New York. 39. Certain kinds of business and manufacture prohibited in cities or within three miles therefrom ; exceptions. § 20. Local boards of health. There shall continue to be local boards of health and health officers in the several cities, villages and towns of the state except as hereinafter provided. In the cities, except cities of the first and second class, the board shall consist of the mayor of the city who shall be its president, and at least six other persons, one of whom shall be a competent physician, who shall be appointed by the common council, upon the nomination of the mayor, and shall hold office for three years. Appointments of members of such boards shall be made for such shorter terms as at any time may be necessary, in order that the terms of two appointed members shall expire annually. In the cities, except cities of the first and second class, and such other cities whose charters otherwise provide, the board shall appoint, for a term of four years, a competent physician, not one of its members, to be the health officer of the city, and shall fill any vacancy that now exists or may hereafter exist from expiration of term or otherwise in the office of health officer of the city. In villages the board of health shall consist of the board of trus- tees of such village. In towns the board of health shall consist of the town board. The local board of health shall appoint a competent physician, not a member of 24 The Public Health Law the local board of health, to be the health officer of the municipality. The term of office of the health officer shall be four years and he shall hold office until the appointment of his successor. He may be removed for just cause by the local board of health or the state commissioner of health after a hearing; such removal by the local board of health must be approved by the state commissioner of health. The health officer need not reside within the village or town for which he shall be chosen. Notice of the membership and organization of every local board of health shall be forthwith given by such board to the state department of health. The term " municipality," when used in this article, means the city, village, town or consolidated health district for which any such local board may be or is appointed. The provisions herein contained as to boards of health, and for the appointment of health officers, shall apply to all towns and villages, whether such villages are organized under general or special laws. The members of town boards and of village boards of trustees and of boards of health of consoli- dated health districts shall not receive additional com- pensation by reason of serving as members of boards of health. Any matter within the jurisdiction of a town or village board of health may be considered and acted upon at any meeting of such town board or village board of trustees. The state commissioner of health, on the request of the town board of any town and the board of trustees of any village and the common council or other like authority of any city, may combine into one health district, hereinafter referred to as a consolidated health district, any two or more of such towns, vil- lages or eitifs and may on the request of the town board of any town, board of trustees of any village or common Council or other like authority of any city at any time thereafter set apart such town, village Local Boakds of Health 25 or city as a separate health district. In any consoli- dated health district there shall be a board of health which shall consist of the supervisor of each town, the president of the board of trustees of each village, and the mayor of each city included in each district, provided that if the number of members so provided for is an even number, such members shall within thirty days after such district shall have been estab- lished by the state commissioner of health choose an additional member of such board of health to be known as the elective member. An elective member shall serve for a term of two years from the first day of January preceding his election and until his suc- cessor shall have been appointed, provided that if at any time the number of members of the board of health, excluding the elective member, shall become an odd number, the term of office of the elective mem- ber shall thereupon cease. The board of health of a consolidated health district shall from time to time elect a president from among its members. The health officer of a consolidated health district shall serve as the secretary of the board of health thereof without additional remuneration therefor. In each such consolidated health district the board of health shall appoint a health officer. Each board of health and each health officer of a consolidated health district shall have all the rights, powers, duties and obligations conferred and imposed by iaw upon boards of health and health officers respectively. When any consolidated health district is estab- lished, as herein provided, the boards of health of the towns, villages or cities included within such district, shall thereupon cease to exist as boards of health, and all ■ their rights, powers, duties and obligations shall thereupon be transferred to the board of health of 26 The Public Health Law such district. When the board of health of any such consolidated health district shall have appointed a health officer therefor, the terms of office of the health officers of the towns, villages or cities included in such district shall cease, and all their rights, powers, duties and obligations shall thereupon be transferred to and imposed upon the health officer appointed for such con- solidated health district. The boajfd of health of any such consolidated health district shall from time to time audit all accounts, and allow or reject all charges, claims and demands against such health district for the remuneration and expenses of the health officer, registrar or registrars, and for all other expenses lawfully incurred by said board of health or on its authority. Unless such board of health of such consolidated health district adopts the estimate system of payment as provided by this sec- tion they shall, prior to the annual meeting of the board of supervisors each year, make an abstract, to be known as the consolidated health district abstract, of the names of all persons who have presented to them accounts to be audited, the amounts claimed by each such person and the amounts finally audited and ap- proved by them respectively, and, if such district be wholly in one county, shall deliver such abstract to the clerk of the board of supervisors. If such consolida- ted health district be located in more than one county the board of health of such district shall divide the total amount of the consolidated health district ab- stract as audited and approved in proportion to the assessed valuation of the real and personal property of the towns, villages or cities of such consolidated health district located in each county, as determined by the last preceding assessment-rolls of the towns or cities wholly or partly included in such district, and shall deliver a certified copy of such abstract to the board of supervisors of each such county, with a statement Local Boakds of Health 27 of the amount due from the real and personal prop- erty of each town, village or city of the consolidated health district in each such county on account of the expenses of such board. The board of supervisors of each such county shall levy a tax upon the real and personal property "within such health district suffi- cient to provide for the sums audited and approved by the board of health thereof and chargeable to the real and personal property of each town, village or city of the consolidated health district in each such county. Such sums, when collected and paid to the county treasurer of each such county respectively, shall be paid by him to the president of such board of health and shall be disbursed by him in accordance with the abstract of claims audited and approved by such board of health, as hereinabove provided. The board of health of any consolidated health dis- trict may annually make an estimate of the expenses of such board for the ensuing calendar year and, if such district be wholly in one county, shall deliver a certified copy of such estimate to the clerk of the board of supervisors of such county prior to the annual meeting of the board pre- ceding such year. If such consolidated health dis- trict be located in more than one county, the board of health of such district shall proportion the total amount of such estimate in the same manner as provided by this section for proportioning the expenses of such a district when audited and approved by the board, and shall deliver to the clerk of the board of supervisors of each such county a certified statement of the total estimate and the amount due from the real and personal property of each town, village or city of the consolidated health district in each such county on account thereof. The board of supervisors of each such county shall levy a tax upon the real and personal property within such health district sufficient 28 The Public Health Law to provide for the portion of the amount of such esti- mate chargeable to the real and personal property of each town, village or city of the consolidated health district in each such county. Such sums, when col- lected and paid to the county treasurer of each county respectively shall be paid by him to the president of such board of health and shall be disbursed by the board of health in accordance with the estimates. After such estimate system has been adopted by a consolidated health district, the board of health thereof shall deduct from the estimate for the succeeding cal- endar year the amount, if any, remaining in the hands of such board after all of the liabilities incurred on account of the preceding estimate have been paid, before the certified statement of the total estimate and the amount due from the real and personal property of each town, village or city of the consolidated health district in each such county is certified to the respective cleiks of the boards of supervisors for collection. (Am'd by L lOlf), ehs. 124 and 555, and L 1016, ch. 360, in effect May 1. 1016.) § 21. General powers and duties of local boards of health. Every such local board of health shall meet at stated intervals to be fixed by it, in the municipal- ity. The presiding officer of every such board may call special meetings thereof when in his judgment the pro- tection of the public health of the municipality requires it, and he shall call such meeting upon the petition of at least twenty-five residents thereof, of full age, setting forth the necessity of such meeting. Every such local board, subject to the provisions of the public health law and of the sanitary code, shall prescribe the duties and powers of the local health officer, who shall be its chief executive officer, and direct him in the perform- ance of his duties, and fix his compensation, which in case of health officers of cities, towns and villages, hav- ing a population of eight thousand or less, shall not be Local Boaeds of Health 29 less than the equivalent of ten cents per annum per inhabitant of the city, town or village according to the latest federal or state enumeration; and in cities, towns and villages having a population of more than eight thousand shall not be less than eight hundred dollars per annum. In addition to his compensation so fixed, the board of health must allow the actual and reasonable expenses of said health officer in the performance of his official duties and in going to, at- tending and returning from, the annual sanitary con- ference of health officers, or equivalent meeting, held yearly within the state, and conferences called by the sanitary supervisor of the district, and whenever the services rendered by its health officer shall include the care of smallpox, the board of health shall allow, or whenever such services are extraordinary, by reason of infectious diseases, or otherwise, they may in their dis- cretion, allow to him such further sum in addition to said fixed compensation as shall be equal to the charges for consultation services in the locality, audited by the town board of a town, by the board of trustees of a village or by the proper auditing board of a city of the third class, which said expenses and said addi- tional compensation shall be a charge upon and paid by the municipality as provided in section thirty-five of this chapter. Every such local board shall make and publish from time to time all such orders and regula- tions, not inconsistent with the provisions of the sani- tary code, as it may deem necessary and proper for the preservation of life and health and the execution and enforcement of this chapter in the municipality. It shall make without publication thereof, such orders and regulations for the suppression of nuisances and concerning all other matters in its judgment detri- mental to the public health in special or individual cases, not of general application, and serve copies 30 The Public Health Law thereof upon the owner or occupant of any premises whereon such nuisances or other matters may exist, or upon which may exist the cause of other nuisances to other premises, or cause the same to be conspicu- ously posted thereon. The health officer may employ such persons as shall be necessary to enable him to carry into effect the orders and regulations of the board of health and the provisions of the public health law and of the sanitary code, and fix their compensa- tion within the limits of the appropriation therefor. The board of health may issue subpoenas, compel the attendance of witnesses, administer oaths to witnesses and compel them to testify, and for such purposes it shall have the same powers as a justice of the peace of the state in a civil action of which he has jurisdic- tion. It may designate by resolution one of its mem- bers to sign and issue such subpoenas. No subpoena shall be served outside the jurisdiction of the board issuing it, and no witness shall be interrogated or com- pelled to testify upon matters not related to the public health. It may issue warrants to any constable or policeman of the municipality to apprehend and remove such persons as cannot otherwise be subjected to its orders or regulations, and a warrant to tfce sheriff of the county to bring to its aid the power of the county whenever it shall be necessary to do so. Every war- rant shall be forthwith executed by the officer to whom directed, who shall have the same powers and be subject to the same duties in the execution thereof, as if it had been duly issued out of a court of record of the state. Every such local board may prescribe and impose pen- alties for the violation of or failure to comply with any of its orders or regulations, not exceeding one hun- dred dollars for a single violation or failure, to be sued for and recovered by it in the name and for the benefit of the municipality; and may maintain actions .local Boards of Health 31 in any court of competent jurisdiction to restrain by injunction such violations, or otherwise to enforce such orders and regulations. § 21-a. Powers and duties as to sewers. Whenever such local board of health in any incorporated village shall deem the sewers of such village insufficient to properly and safely sewer such village, and protect the public health, it shall certify such fact in writing, stating and recommending what additions or altera- tions should in the judgment of such board of health be made, with its reasons therefor, to the state com- missioner of health for his approval, and if such recom- mendations shall be approved by the state commis- sioner of health, it shall be the duty of the board of trustees or other board of such village having juris- diction of the construction of sewers therein, if there be such a board, whether sufficient funds shall be on hand for such purpose or not, to forthwith make such additions to or alterations in the sewers of such village and execute such recommendations, and the expenses thereof shall be paid for wholly by said village in the same manner as other village expenses are paid or by an assessment of the whole amount against the prop- erty benefited, or partly by the village and partly by an assessment against the property benefited, as the board of trustees of such village shall by resolution determine. If the board of trustees shall determine that such expenses shall be paid partly by the village and partly by an assessment against the property bene- fited, as authorized by this section, it shall in the reso- lution making such determination fix the proportion of such expense to be borne by each, and the propor- tion thereof to be raised by an assessment against the property benefited shall be assessed and collected in the manner provided by the village law for the assessment and collection of sewer assessments. Said village is 32 The Public Health Law hereby authorized to raise such sum as may be neces- sary for the payment of the expenses incurred, which are a village charge, if any, as herein provided, in addi- tion to the amount such village is now authorized to raise by law for corporation purposes, and such board shall have the right to acquire such lands, rights of way, or other easements, by gift, or purchase, or in case the same cannot be acquired by purchase may acquire the same by condemnation in the manner provided by law. (Added by L. 1913, ch. 559, in effect May 16, 1913.) § 21-b. General powers and duties of health officers. Health officers of towns and villages, in addition to such other duties as may be lawfully imposed upon them and subject to the provisions of the public health law and the sanitary code, shall perform the following duties : 1. Make an annual sanitary survey and maintain a continuous sanitary supervision over the territory within their jurisdiction. 2. Make a medical examination of every school child as soon as practicable after the opening of each school year, except in those schools in which the authorities thereof make other provision for the medical examina- tion of the pupils. (Superseded in effect by Art. 20-a of Education Law, added by L. 1913, ch. 627, in effect Aug. 1, 1913.) 3. Make a sanitary inspection periodically of all school buildings and places of public assemblage, and report thereon to those responsible for the maintenance of such school buildings and places of public assem- blage. 4. Promote the spread of information as to the causes, nature and prevention of prevalent diseases, and the preservation and improvement of health. 5. Take such steps as may be necessary to secure Local Boards of Health 33 prompt and full reports by physicians of communicable diseases, and prompt and full registration of births and deaths. 6. Enforce within their jurisdiction the provisions of the public health law and the sanitary code. 7. Attend the annual conferences of sanitary officers called by the state department of health, and local con- ferences within his sanitary district, to which he may be summoned by the sanitary supervisor thereof. The written reports of public health officers, inspect- ors, nurses and other representatives of public health officers on questions of fact under the public health law or under the sanitary code or any local health regu- lation shall be presumptive evidence of the facts so stated, and shall be received as such in all courts and places. The persons making such reports shall be exempt from personal liability for the statements therein made, if they have acted in good faith. No health officer, inspector, public health nurse, or other representative of a public health officer, and no person or persons other than the city, village or town by which such health officer or representative thereof is employed shall be sued or held to liability for any act done or omitted by any such health officer or repre- sentative of a health officer in good faith and with ordinary discretion on behalf or under the direction of such city, village or town or pursuant to its regulations or ordinances, or the sanitary code, or the public health law. Any person whose property may have been unjustly or illegally destroyed or in- jured pursuant to any order, regulation or ordinance, or action of any board of health or health officer, or representative of a health officer, for which no personal liability may exist as aforesaid, may maintain a proper action against the city, village or town for the recovery of proper compensation or damages. Every such suit must be brought within six months after the cause of 2 34 The Public Health Law action arose and the recovery shall be limited to the damages suffered. (Added by L. 1913, ch. 559, in effect May 16, 1913.) § 21-c. Public health nurses. Each health officer or other official exercising similar duties, by whatever offi- cial designation he may be known, shall have power to employ such number of public health nurses as in his judgment may be necessary within the limits of the appropriation made therefor by the city, town or vil- lage. They shall work under the direction of the health officer and may be assigned by him to the reduc- tion of infant mortality, the examination or visitation of school children or children excluded from school, the discovery or visitation of cases of tuberculosis, the visitation of the sick who may be unable otherwise to secure adequate care, the instruction of members of households in which there is a sick person, or to such other duties as may seem to him appropriate. (Added by L. 1913, ch. 559, in effect May 16, 1913.) § 22. Vital statistics. (Repealed. See new Vital Statistics Law, article xx* herein.) § 23. Burial and burial permits. Repealed. (See new Vital Statistics Law, article xx* herein.) § 24. Regulating interments in cemeteries. When- ever the common council of any city of the third class shall deem that further interments in any cemetery in such city would be detrimental to the public health, it may by resolution direct its clerk to cause a notice to be served upon the person or corporation owning or con- trolling such cemetery and published once in a week for three successive weeks in two papers published in such city, stating a time and place not less than thirty days after service and first publication of such notice, at which any person interested may show cause to the * This reference relates to second article xx. Local Boards of Health 35 common council why further interments in such ceme- tery should not be prohibited. At the time and place specified in such notice the common council shall hear all persons desiring to be heard, and if upon such hear- ing it appears that further interments in such cemetery will be detrimental to public health, the common council may by resolution prohibit further interments therein. If such resolution is adopted a certified copy thereof shall be filed by the clerk of the common council with the board of health of such city, and thereafter such board shall not issue any permits for interments in such cemetery. The action of the common council in passing such resolution may be reviewed within thirty days thereafter by writ of certiorari as provided by the code of civil procedure. § 25. Infectious and contagious or communicable dis- eases. Every local board of health and every health officer shall guard against the introduction of such infectious and contagious or communicable diseases as are designated in the sanitary code, by the exercise of proper and vigilant medical inspection and control of all persons and things infected with or exposed to such diseases, and provide suitable places for the treatment and care of sick persons who cannot otherwise be pro- vided for. They may, subject to the provisions of the sanitary code, prohibit and prevent all intercourse and communication with or use of infected premises, places and things, and require, and if necessary, provide the means for the thorough purification and cleansing of the same before general intercourse with the same or use thereof shall be allowed. Every physician shall immediately give notice of every case of infectious and contagious or communicable disease required by the state department of health to be reported to it, to the health officer of the city, town or village where such disease occurs, and no physician being in attendance on 36 The Public Health Law such case, it shall be the duty of the super intendent or ether officer of an institution, householder, hotel or lodging house keeper, or other person where such case occurs, to give such notice. The physician or other per- son giving such notice shall be entitled to the sum of twenty-five cents therefor, which shall be a charge upon and paid by the municipality where such case occurs. Every local health officer shall report to the state de- partment of health, promptly, all cases of such infec- tious and contagious or communicable diseases, as may be required by the state department of health, and for such reporting the health officer of a village or town shall be paid by the municipality employing him, upon the certification of the state department of health, a sum not to exceed twenty cents for each case so re- ported. The reports of cases of tuberculosis made pur- suant to the provisions of this section shall not be divulged or made public so as to disclose the identity of the persons to whom they relate, by any person; except in so far as may be authorized by the public health council. The board of health shall provide at stated intervals, a suitable supply of vaccine virus, of a quality and from a source approved by the state department of health, and during an actual epidemic of smallpox obtain fresh supplies of such virus at inter- vals not exceeding one week, and at all times provide thorough and safe vaccination for all persons in need of the same. If a pestilential, infectious or contagious disease exists in any county almshouse or its vicinity, and the physician thereof shall certify that such disease ie likely to endanger the health of its inmates, the county superintendent of the poor may cause such in- mates or any of them to be removed to such other suit- able place in the county as the local board of health of the municipality where the almshouse is situated may designate, there to be maintained and provided for at Local Boards of Health 37 the expense of the county, with all necessary medical care and attendance until they shall be safely returned to such almshouse or otherwise discharged. The health officer, commissioner of health, or boards of health of the cities of the first class shall report promptly to the state department of health all cases of smallpox, typhus and yellow fever and cholera and the facts relating thereto. (Ani'd by L. 1913, ch. 559, in effect May 16, 1913.) § 26. Nuisances. Every such board shall receive and examine into all complaints made by any inhabitant concerning nuisances, or causes of danger or injury to life and health within the municipality, and may enter upon or within any place or premises where nuisances or conditions dangerous to life and health or which are the cause of nuisances existing elsewhere are known or believed to exist, and by its members or other persons designated for that purpose, inspect and examine the same. The owners, agents and occupants of any such premises shall permit such sanitary examinations to be made, and the board shall furnish such owners, agents and occupants with a written statement of the results and conclusions of any such examination. Every such local board shall order the suppression and removal of all nuisances and conditions detrimental to life and health found to exist within the municipality. When- ever the state department of health shall by notice to the presiding officer of any local board of health, direct him to convene such local board to take certain definite proceedings concerning which the state department of health shall be satisfied that the action recommended by them is necessary for the public good, and is within the jurisdiction of such board of health, such presiding officer shall convene such local board, which shall take the action directed. § 27. Owner to bear all or part of expense of removal of waters wherein mosquito larvae breed. Whenever 38 The Public Health Law the local board of health of a municipality shall deter- mine that any accumulation of water wherein mosquito larvae breed, constitutes a nuisance or a danger or in- jury to life or health, the owner or owners of the prem- ises on which the breeding place is located shall bear the expense of its suppression or removal, or so much thereof as the local board may have determined to be equitable as hereinafter provided, and for the amount thereof an action may be maintained in the name of the municipality and the same shall become a first lien on the premises as provided by sections thirty-one and thirty- two of this article. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 28. Assessing cost on property benefited. If such local board shall determine, in its discretion, that, owing to the natural conditions which are favorable to the breeding of mosquitoes and owing to the benefits to be secured to the public by the suppression of such condi- tions, some part or all of the expense of suppressing or removing a breeding place for mosquitoes should, in equity, be borne by the owners of the property which will be benefited by such suppression or removal, the local board shall make application as hereinafter pro- vided, for the appointment of three commissioners, and the county court of the county in which are situated the premises whereon the breeding place is located, or in case such premises are situated in more than one county, the supreme court, shall thereupon appoint three persons as commissioners to proceed with the work necessary for the suppression or removal of such breeding place, and to apportion, assess and collect the cost thereof, as so determined from the owners of such property bene- fited. Such appointment, apportionment, assessment and collection shall be made in the manner provided for the appointment of commissioners to suppress and remove any such breeding place by draining the prem- Local Boards of Health 39 ises on which such breeding place is located by means of ditches and channels constructed over lands belong- ing to others and the owners of the premises to be drained and to apportion, assess and collect the cost thereof from the owners of the property benefited thereby. In any case where, under the provisions of this article commissioners are to determine what prop- erty is benefited and to what extent said property is benefited by the suppression or removal of any such breeding place, such commissioners shall not be restricted in their determination to property immediately adjoining the premises whereon such breeding place is located; and, in apportioning the bene- fit to any property, such commissioners may consider any circumstances by reason whereof any property will be benefited by the suppression and removal of such breeding place. § 29. Municipality may bear part of expense. If such local board shall have determined that, owing to the natural conditions which are favorable to the breeding of mosquitoes and owing to the benefit to be secured to the public by the suppression of such conditions, a part of the expense of such suppression or removal shall be borne by the owner of such premises and a part thereof by the municipality wherein the premises are situated, such owner or occupant may proceed to suppress or re- move such breeding place and shall be reimbursed by the municipality for such proportion of the reasonable ex- pense of such suppression or removal as the local board shall have determined should be borne by the municipal- ity. For the purpose of ascertaining the actual cost of such suppression or removal, the local board or its duly authorized agents may at all times have access to the premises whereon the work is being carried on; and the owner of the premises shall furnish to such local board such information as such local board may deem neces- sary or desirable for the purpose of ascertaining such 40 The Public Health Law actual cost. If in any such case the owner of the prem- ises shall not, within a reasonable time, proceed to sup- press or remove such breeding place, the local board may proceed to suppress and remove the same, and for such proportion of the expense of such suppression and removal as the local board shall have determined to be equitable, an action may be maintained against such owner, and the same shall become a first lien upon the premises as above provided. § 30. Assessing expense upon property benefited. If such local board shall deem it necessary, in order to suppress or remove any such breeding place, that any swamp, bog, meadow or other low or wet lands within the municipality over which said board has jurisdiction, shall be drained and that it is necessary, in order thereto, that a ditch or ditches or other channel for the free passage of water should be opened through lands belonging to a person or persons other than the owners of said swamp, bog, meadow or other low or wet lands, or that any other act or thing be done upon or over land belonging to others than the owners of the lands whereon such breeding place shall be located, such board shall make application for the appointment of three commissioners to construct and complete such chan- nels and ditches for the free passage of water, or to do such other act or thing as such local board shall have determined to be necessary upon such lands in order to suppress or remove such breeding place, and to apportion, assess and collect the amount of the cost thereof from the owners of the lands which will be benefited by the suppression and removal of such breeding place. Such commissioners shall be ap- pointed, and shall proceed, when appointed, to construct and complete such channels and ditches, or do such other act or thing as may be necessary, and to appor- tion, assess and collect the cost of the same from the Local Boards of Health 41 owners of the lands benefited by such suppression or removal, in the manner provided for the appointment of commissioners for the drainage of any swamp, bog, meadow or other low or wet land and the apportion- ment, assessment and collection of the cost of such drainage, by the drainage law, and this article shall be construed with the provisions of such drainage law. In case of conflict the provisions of this article shall be substituted for the provisions of such drainage law, but such parts of the provisions of the drainage law as are not necessarily superseded shall apply. § 31. Removal of nuisances. If the owner or occu- pant of any premises whereon any nuisance or condi- tion deemed to be detrimental to the public health exists or the cause of the existence elsewhere, fails to comply with any order or regulation of any such local board for the suppression and removal of any such nuisance or other matter, in the judgment of the board detrimental to the public health, made, served or posted as required in this article, such board or their servants or employees may enter upon the premises to which such order or regulation relates, and suppress or re- move such nuisance or other matter. The expense of such suppression or removal shall be paid by the owner or occupant of such premises, or by the person who caused or maintained such nuisance or other matters, and the board may maintain an action in the name of the municipality to recover such expense, and the same when recovered shall be paid to the treasurer of the municipality, or if it has no treasurer to its chief fiscal officer, to be held and used as the funds of the municipality. Whenever the suppression or removal of such nuisance or conditions detrimental to health demand the immediate expenditure of money, every such local board of health shall be authorized to use for such purpose any money in the hands of the board, 42 The. Public Health Law or may call on the city council for such money or it may borrow the same on the credit of the municipality. All such moneys so expended or borrowed shall be im- mediately repaid to the fund or source whence they were received on the recovery of the same by action or otherwise from the persons responsible for the expenses of suppression or removal. (Am'd L. 1913, ch. 559, in effect May 16, 1913.) § 32. Expense of abatement of nuisances a lien upon the premises. If execution upon a judgment for the recovery of the expense of the suppression or removal of a nuisance or other matter, pursuant to an order or regulation of any such local board, is returned wholly or in part unsatisfied, such judgment, if docketed in the place and manner required by law to make a judg- ment of a court of record a lien upon real property, shall be a first lien upon such premises, having prefer- ence over all other liens and incumbrances whatever. The board may cause such premises to be sold for a term of time for the payment and satisfaction of such lien and the expenses of the sale. Notice of such sale shall be published for twelve weeks successively, at least once in each week, in a newspaper of the city, village or town, or if no newspaper is published therein, in the newspaper published nearest to such premises. If the owner or occupant of the premises, or his agent, is known, a copy of such notice shall be served upon him, either personally, at least fourteen days previous to the sale, or by mail at least twenty-eight days prior thereto. The premises shall be sold to the person offering to take them for the shortest time, paying the amount unpaid on such judgment and interest and the expenses of such notice and sale. A certificate of the sale, signed and acknowledged by the president and secretary of the board, shall be made and delivered to the purchaser, and may be recorded as a conveyance of real property, Local Boakds of Health 43 and the purchaser shall thereupon be entitled to the immediate possession of such premises, and, if occupied, may maintain an action or proceeding to recover the possession thereof against the occupant, as against a tenant of real property holding over after the expira- tion of his term; and the cost of any such action or proceeding, if not paid by the occupant, shall also be a lien upon such premises, having the same preference as the lien of such judgment, and the right of the pur- chaser to such premises shall be extended for a longer term, which shall bear the same proportion to the original term as the amount of such costs bears to the amount paid by the purchaser on such sale. The term of the purchaser at any such sale shall commence when he shall have acquired possession of the premises sold. At any time within six months after recording such certificate, the owner of the premises or any lessee, mortgagee or incumbrancer thereof, or of any part of the same, may redeem the premises or any such part from such sale by paying to the purchaser the amount paid by him on the sale, and all costs and expenses in- curred by him in any action or proceeding to recover possession with interest at the rate of ten per centum per annum thereon. If redemption is made by the owner, the right of the purchaser shall be extinguished; if by a lessee, the amount paid shall be applied as a payment upon any rent due or which may accrue upon his lease; if by a mortgagee or an incumbrancer, the amount paid shall be added to his mortgage, incum- brance or other lien, or if he have more than one to the oldest, and shall thereafter be a part of such mort- gage, lien or incumbrance and enforceable as such. § 33. Manufactures in tenement houses and dwell- ings. No room or apartment in a tenement or dwelling house, used for eating or sleeping purposes, shall be used for the manufacture, wholly or partly, of coats, vests, trousers, knee pants, overalls, cloaks, shirts, 44 The Public Health Law purses, feathers, artificial flowers or cigars, except by the members of the family living therein, which shall include a husband and wife and their children, or the children of either. A family occupying or controlling such a workshop shall, within fourteen days from the time of beginning work therein, notify the board of health of the city, village or town, where such work- shop is located, or a special inspector appointed by such board, of the location of such workshop, the nature of the work carried on, and the number of persons em- ployed therein; and thereupon such board shall, if it deems advisable, cause a permit to be issued to such family to carry on the manufacture specified in the notice. Such board may appoint as many persons as it deems advisable to act as special inspectors. Such special inspectors shall receive no compensation, but may be paid by the board their reasonable and neces- sary expenses. If a board of health or such inspector shall find evidence of infectious or contagious diseases present in any workshop, or in goods manufactured or in process of manufacture therein, the board shall issue such orders as the public health may require, and shall condemn and destroy such infectious and contagious articles, and may, if necessary to protect the public health, revoke any permit granted by it for manufac- turing goods in such workshop. If a board of health or any such inspector shall discover that any such goods are being brought into the state, having been manufac- tured, in whole or in part, under unhealthy conditions, such board or inspector shall examine such goods, and if they are found to contain vermin, or to have been made in improper places or under unhealthy conditions, the board may make such orders as the public health may require, and may condemn and destroy such goods. § 34. Jurisdiction of town boards. A town board of health shall not have jurisdiction over any city or Local Boards of Health 45 incorporated village or part of such city or village in such town. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 35. Expenses, how paid. All expenses incurred by any local board of health in the performance of the duties imposed upon it or its members by law shall be a charge upon the municipality, and shall be audited, levied, collected and paid in the same manner as the other charges of, or upon, the municipality are audited, levied, collected and paid. The taxable property of any incorporated village shall not be subject to taxation for maintaining any town board of health, or for any expenditure authorized by the town board, but the costs and expenditures of the town board shall be assessed and collected exclusively on the property of the town outside of any such village. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 36. Relief of indigent Indians in case of epidemic. Whenever an epidemic of a contagious or infectious dis- ease shall prevail among the Indians of any nation, tribe or band in this state, the overseer of the poor of any town in which the reservation of such nation, tribe or band is wholly or partly situated, may in accordance with rules and regulations adopted by the state com- missioner of health, cause needed medical attendance, provisions and maintenance to be furnished to any in- digent Indian residing in the town, who, or a member of whose family, is afflicted with such disease, while such disease shall continue; and the cost thereof after being audited as herein provided shall be a state charge. A verified statement of any expenses incurred under this section shall be transmitted by the overseer of the poor to the state commissioner of health. Such com- missioner shall examine into the matter, and if satis- fied that such expenses were properly and necessarily incurred in accordance with the rules and regulations 46 The Public Health Law of the state commissioner of health, shall audit and allow the same, and when so audited, the amount thereof shall be paid by the state treasurer on the war- rant of the comptroller to such overseer of the poor. § «36-a. Providing for the care and maintenance of carriers of disease. Whenever an individual is declared by the state commissioner of health as being a carrier of typhoid fever bacilli and whenever, for the protec- tion of the public health, the state commissioner of health shall have certified to the necessity of continued quarantine; or, whenever, in accordance with rules and regulations adopted by the state commissoiner * of health a carrier of the germs of typhoid fever is pre- vented from carrying on any occupation which would enable him to gain a livelihood, such individual may be given hospital or institutional care under the sur- veillance of the local health officer at the expense of the state if such hospital or institution in the judg- ment of the state commissioner of health be properly equipped for the care and maintenance of said indi- vidual. When no such hospital or institution is available and when in the opinion of the state commissioner of health such individual may be cared for at home or in a private family with due regard to the protection of the public health the local charities commissioner or overseer of the poor shall, in accordance with rules and regulations adopted by the commissioner of health, furnish necessary medical attendance and maintenance. No expenditure for the purposes herein authorized shall be contracted for or incurred by any local overseer of the poor or charities commissioner until after such expenditure has been authorized and approved by the state commissioner of health. A verified statement of any such approved expense incurred hereunder shall be transmitted by the local overseer of the poor or char- ities commissioner to the state commissioner of health. * So in original. Local Boards of Health 47 The commissioner of health shall examine this state- ment and if satisfied that such authorized expenses are correct and necessary in accordance with rules and regulations adopted by him he shall audit and allow the same and when so audited the amount thereof shall be paid by the state treasurer on the warrant of the comptroller to such institution or local poor officer. (Added by L. 1916, ch. 371, in effect May 1, 1916.) § 37. Mandamus. The performance of any duty or the doing of any act enjoined, prescribed or required by this article, may be enforced by mandamus at the in- stance of the state department of health or its president or secretary, or of the local board of health, or of any citizen of full age resident of the municipality where the duty should be performed or the act done. § 38. Exceptions and limitations as to city of New York. Sections twenty to thirty-eight inclusive of this article shall not be construed to affect, alter or repeal laws now in force relating to the board of health of the city of New York nor the sanitary code duly adopted and now in force in such city. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 39. Certain kinds of business and manufacture pro- hibited in cities or within three miles therefrom; ex- ceptions. It shall not be lawful for any person or persons to engage in or carry on the business of fat rendering, bone boiling or the manufacture of fertilizers or any business as a public nuisance within the cor- porate limits of any incorporated city of this state, or within a distance of three miles from the corporate limits of any incorporated city, provided, however, that nothing herein contained shall prevent the rendering of fresh killed cattle or swine. All departments of health or the commissioner or commissioners thereof in any incorporated city of this state shall have power to enforce the provisions of this section. Any person or persons offending against the provisions of this section 48 The Public Health Law shall, upon conviction thereof, he guilty of a misde- meanor. This section shall not apply to the counties of Fulton, Wayne, Tompkins, Chautauqua, Orange, Dutchess, Erie, Monroe, Oneida, Onondaga, New York, Schoharie, Ulster, Greene, Cayuga, Cattaraugus, Niag- ara, Saratoga, Schenectady, Hamilton, Montgomery and Orleans. ARTICLE IV Adulterations Section 40. Definitions. 41. Adulterations. 42. Duties of state department of health in respect to adulterations. 43. Analysis of spirituous, fermented or malt liquors. 44. Samples to be furnished. 45. Seizure of milk. 46. Adulteration of wines. 47. Pure wine defined. 48. Half wine and made wine defined; packages, how stamped or labeled. 49. Penalties. 50. Report to district attorney. § 40. Definitions. The term " food," when used herein, shall include every article of food and every beverage used by man and all confectionery; the term "drug," when so used, shall include all medicines for external and internal use. § 41. Adulterations. No person shall, within the state, manufacture, produce, compound, brew, distill, have, sell cr offer for sale any adulterated food or drug. An article shall be deemed to be adulterated within the meaning of this chapter: A. In the case of drugs: 1. If when sold under or by a name recognized in the United States pharmacopeia, it differs from the stand- ard of strength, quality or purity laid down therein. Adulterations 49 2. If, "when sold under or by a name not recognized in the United States pharmacopeia, but which is found in some other pharmacopeia or other standard work on materia medica, it differs materially from the standard of strength, quality or purity laid down in such work. 3. If its strength or purity fall below the professed standard under which it is sold. 4. If it contains methyl or wood alcohol, in any of its forms, or any methylated preparation made from it. B. In the case of food: 1. If any substance or substances has or have been mixed with it so as to reduce or lower or injuriously affect its quality or strength. 2. If any inferior or cheaper substance or substances have been substituted wholly or in part for the article. 3. If any valuable constituent of the article has been wholly or in part abstracted. 4. If it be an imitation or be sold under the name of another article. 5. If it consists wholly or in part of diseased or de- composed or putrid or rotten animal or vegetable sub- stance, whether manufactured or not, or in the case of milk, if it is the product of a diseased animal. 6. If it be colored, or coated, or polished, or powdered, whereby damage is concealed, or it is made to appear better than it really is, or of greater value. 7. If it contain any added poisonous ingredient, or any ingredient which may render such article injurious to the health of the person consuming it. Provided that an article of food which does not contain any "ingredient injurious to health, shall not be deemed to have been adulterated, in the case of mixtures or com- pounds which may be now, or from time to time here- after, known as articles of food under their own dis- tinctive names, or which shall be labeled so as to plainly indicate that they are mixtures, combinations, 50 The Public Health Law compounds or blends, and not included in definition four of this subdivision. 8. If it contains methyl or wood alcohol in any of its forms, or any methylated preparation made from it. C. In the case of spirituous, fermented and malt liquors, if it contain methyl or wood alcohol in any of its forms, or any substance or ingredient not normal or healthful to exist in spirituous, fermented or malt liquors, or which may be deleterious or detrimental to health when such liquors are used as a beverage. In the case of ale or beer, if it contains any substitute for hops, or pure extract of hops, or if any such substitute is used in the manufacture thereof. D. In the case of confectionery, if it contains terra alba, barytes, talc or other mineral substance or poison- ous colors or flavors, or other ingredients deleterious or detrimental to health. If the standard of any article of food or any drug is not established in a national pharmacopeia, the state board of health shall, from time to time, fix the limit for variability permissible therein. The state board of health may, from time to time, with the approval of the governor, declare what articles or preparations shall be exempt from the pro- 's isions of this article, and publish a list of such articles which shall thereafter be so exempt. Every person vio- lating any provision of this section shall forfeit to the people of the state the sum of one hundred dollars for every such violation. § 42. Duties of state department of health in respect to adulterations. The state department of health shall take cognizance of the interests of the public health as affected by the sale or use of food and drugs and the adulterations thereof, and make all necessary inquiries and investigations relating thereto. It shall appoint such public analysts, chemists and inspectors as it may deem necessary for that purpose, and revoke any Adulterations 51 such appointment whenever it shall deem the person appointed incompetent, or his continuance in the service for any reason undesirable. It shall, from time to time, adopt such measures and make such regulations and declarations, in addition to the provisions of this article, as may seem necessary to enforce or facilitate the enforcement of this article, or for the purpose of making an examination or analysis of any food or drug sold or exposed for sale in the state, and all such regu- lations and declarations made in any year shall be filed in the office of the secretary of state and published in the session laws first published after the expiration of thirty days from such filing. § 43. Analysis of spirituous, fermented or malt liquors. The state department of health shall at least once in each calendar year cause samples to be pro- cured in the public market or otherwise of the spirit- uous, fermented or malt liquors, distilled, brewed, manu- factured, sold or offered for sale in each brewery and distillery located in this state. Such samples shall be kept in vessels in a condition to obtain a proper test and analysis thereof. Such vessels shall be properly labeled and numbered, and an accurate list kept of the names of the distillers, brewers and vendors of the liquors from which the samples were taken, and opposite each name shall appear the number which is written or printed on the label attached to the vessel containing the sample. Such lists, numbers and labels shall be exclusively for the information of such department and shall not be disclosed or published unless upon discovery of some deleterious substance therein prior to the com- pletion of the analysis or required in evidence in court. When listed and numbered, every such sample shall be delivered to an analyst, chemist or officer of the depart- ment and shall be designated and known to him only by its number, and by no other mark or designation. 52 The Public Health Law A .test or analysis of such sample shall be made by such analyst, chemist or officer, which will determine the ingredients or component parts thereof. The result of such test or analysis shall be immediately reported to the department by the person making the same, setting forth explicitly the nature of any deleterious substance, compound or adulteration found therein which may be detrimental to public health, and the number of samples in which it was found. Any brewer, distiller or vendor in whose samples any such substance, compound or adulteration is found upon any such test or analysis, shall be deemed to have violated the provisions of this article, prohibiting the manufac- turing, having, selling or offering for sale of adulterated food. § 44. Samples to be furnished. Every person selling, or offering, or exposing for sale or manufacturing or producing any article of food, or any drug, shall upon tender of the value thereof, furnish any analyst, chemist, officer or agent of the state department of health or of any local board of health, with a sample of any such article or drug, sufficient for the purpose of analysis or test. For every refusal to . furnish the same, the person so refusing shall forfeit to the people of the state the sum of one hundred dollars. § 45. Seizure of milk. When a health officer or other official shall seize or destroy or cause to be seized or destroyed any milk, he shall take a sample of such milk in the presence of at least one witness, and shall, in the presence of such witness, seal such sample and tender it to the vendor or person in charge of such milk, and if accepted, shall also deliver therewith a statement in writing of the date and cause of such seizure or destruction. Any health officer or other official violating the provisions of this section, shall be liable to a penalty of fifty dollars, to be recovered by the person aggrieved. Adulterations 53 • § 46. Adulteration of wines. All wines containing alcohol, except such as shall be produced by the natural fermentation of pure undried fruit juices or compounded with distilled spirits, whether denominated as wines or by any other name, which may be used as a beverage or compounded with other liquors intended for such use, and all compounds of the same with pure wine, and all preserved fruit juices compounded with substances not produced from undried fruit in the nature of or intended for use as a beverage, or for use in the fermen- tation or preparation of liquors intended for such use, and all wines, imitations of wines or other beverages produced from fruit, which shall contain any alum, baryta salts, caustic lime, carbonate of soda, carbonate of potash, carbonic acid, salts of lead, glycerine, salic acid, or any other antiseptic, coloring matter, not pro- duced from undried fruit, artificial flavoring, essence of ether, methyl or wood alcohol, in any of its forms, or any other foreign substance injurious to health, shall be known as or deemed to be adulterated wine, and shall not be sold, offered for sale or manufactured with intent to sell within this state; and all such wine and every such beverage shall be deemed a public nuisance and forfeited to the state and shall be summarily seized and destroyed by any health officer within whose juris- diction it shall be found, and the reasonable expense of such seizure and destruction shall be a county charge. § 47. Pure wine defined. For the purpose of this article, pure wine shall be deemed to mean the fer- mented juice of undried grapes or other undried fruits, but the addition of pure sugar to perfect the wine or of pure distilled spirits to preserve it, not to exceed eight per centum of its volume, or the use of things necessary to clarify and fine the wine not injurious to health shall not be construed as adulteration, if such pure wine shall contain at least seventy-five per centum of pure grape or other undried fruit juice. 54 The Public Health Law § 48. Half wine and made wine defined; packages, how stamped and labeled. For the purpose of this article, any wine which contains less than seventy-five and more than fifty per centum of pure grape or other undried fruit juice and is otherwise pure shall be known as half wine, and upon each and every package of such wine manufactured with the intent to sell, or sold or offered for sale by any person within this state, if con- taining more than three gallons, there shall be stamped on both ends of the package containing the same in black printed letters, at least one inch in height and of proper proportion in width, the words " half wine "j and if containing more than one quart and not more than three gallons, there shall be stamped on each package in plain printed black letters, at least one-half inch high and of proper proportion as to width, the words " half wine " ; and if in a package or bottle of one quart or less, there shall be placed a label securely pasted thereon, having the words " half wine " plainly printed in black letters at least one-quarter of an inch high and of proper proportion as to width. If any number of small packages is inclosed in a larger package, as a box, barrel, case or basket, such outside package shall have thereon the stamp " half wine " in letters of a size according to the size of such outer package. Every person who shall sell, offer for sale, or manufacture with the intent to sell, within the state any wine con- taining less than fifty per centum of pure grape or other undried fruit juice and otherwise pure, shall cause all the packages containing the same to be stamped, marked and labeled with the words " made wine " in the same manner as " half wine " is required in this section to be stamped, marked and labeled, and all such wine shall be known and sold as " made wine." § 49. Penalties. Every person who manufactures with intent to sell, sells or offers for sale within the state, any wine of a kind or character, the manufacture, sale Potable Waters 55 or offering for sale of which is prohibited by this article, or which is not stamped, marked or labeled as required by this article, shall forfeit to the county wherein such manufacture, sale or offering for sale takes place, the sum of one-half dollar for each gallon thereof so sold or manufactured with the intent to sell. The provisions of the three preceding sections of this article shall not apply to medicated wines which are put up and sold for medical purposes only. § 50. Report to district attorney. Upon discovering any violations of the provisions of the penal law relat- ing to the adulteration of foods and drugs, the state department of health shall immediately communicate the facts to the district attorney of the county where the violation occurred, who shall thereupon forthwith commence proceedings for the indictment and trial of the person charged with such violation. Nothing in this article shall be construed to in any way repeal or affect any of the provisions of the agricultural law, nor to prohibit the coloring of butter made from milk, the product of the dairy, or the cream from the same with coloring matter which is not injurious to health. Note. — -Since the enactment of similar section in Agriculture Law in 1893, this work has been carried on by the Department of Agricul- ture. ARTICLE V Potable Waters Section 70. Rules and regulations of department. 71. Inspection of water supply. 72. Rules and regulations for water supplies legalized. 73. Sewerage. 73-a. Sanitary control of water supply of the city of New York, tributary to the Catskill aqueduct. 74. Discharge of sewage into Wallkill creek pro- hibited. 56 The Public Health Law Section 75. Discharge of sewage into the Susquehanna near Binghamton prohibited. 76. Discharge of sewage and other matter into certain waters prohibited. 76a. Order to discontinue pollution of waters. 77. Permission to discharge sewage. 78. Permission to discharge refuse or waste mat- ter from industrial establishments. 79. Plans for refuse discharge pipes must be submitted. 80. Revocation of permit. 81. Reports of municipal authorities to local boards of health. 82. Reports of proprietors of industrial estab- lishments. 83. Record of permits; inspection of local boards of health. 84. Violations; service of notice; actions. 85. Penalties. 86. Constructions and limitations made by sec- tions seventy-six to eighty-five, inclusive. 87. Actions by municipalities to prevent dis- charge of sewage into waters. § 70. Rules and regulations of department. The state department of health may make rules and regu- lations for the protection from contamination of any or all public supplies of potable waters and their sources within the state, and the commissioner of water supply, gas and electricity of the city of New York and the board of water supply of the city of New York may make such rules and regulations subject to the approval of the state department of health for the protection from contamination of any or all public supplies of potable waters and their sources within the state where the same constitute a part of the source of the public Potable Waters 57 water supply of said city. If any such rule or regulation relates to a temporary source or act of contamination, any person violating such rule or regulation shall be liable to prosecution for misdemeanor for every such violation, and on conviction shall be punished by a fine not exceeding two hundred dollars, or imprisonment not exceeding one year, or both. If any such rule or regu- lation relates to a permanent source or act of contami- nation, said department may impose penalties for the violation thereof or the noncompliance therewith, not exceeding two hundred dollars for every such violation or noncompliance. Every such rule or regulation shall be published at least onee in each week for six con- secutive weeks, in at least one newspaper of the county where the waters to which it relates are located. The cost of such publication shall be paid by the corpora- tion or municipality benefited by the protection of the water supply to which the rule or regulation published relates. The affidavit of the printer, publisher or pro- prietor of the newspaper in which such rule or regula- tion is published may be filed, with the rule or regula- tion published, in the county clerk's office of such county, and such affidavit and rule and regulation shall be conclusive evidence of such publication, and of all the facts therein stated in all courts and places. (Am'd by L. 1915, ch. 665, in effect May 20, 1915.) § 71. Inspection of water. The officer or board having by law the management and control of the potable water supply of any municipality, and in the city of New York, the commissioner of water sup- ply, gas and electricity, and the board of water supply of the city of New York, or the corporation furnishing such suppjy, ma y make such inspection of the sources of such water supply as such officer, board or corpora- tion deems advisable and to ascertain whether the rules Or regulations of the state department and of the commissioner of water supply, gas and electricity 58 The Public Health Law of the city of New York, and of the board of water supply of the city of New York, are complied with, and .shall make such regular or special inspections as the state commissioner of health or the commissioner of the department of water supply, gas and electricity of the city of New York, or the board of water supply of the city of New York, may prescribe. If any such in- spection discloses a violation of any such rule or regula- tion relating to a temporary or permanent source or act of contamination, such officer, board or corporation shall cause a copy of the rule or regulation violated to be served upon the person violating the same, with a notice of such violation. If the person served does not immediately comply with the rule or regulation vio- lated, such officer, board or corporation, except in a case concerning the violation of a rule or regulation relating to a temporary or permanent source or act of contamination affecting the potable water supply of the city of New York, shall notify the state depart- ment of the violation, which shall immediately examine into such violation; and if such person i9 found by the state department to have actually violated such rule or regulation, the commissioner of health shall order the local board of health of such municipality wherein the violation or noncompliance occurs, to convene and en- force obedience to such rule or regulation. If the local board fails to enforce such order within ten days after its receipt, the corporation furnishing such water sup- ply or the municipality deriving its water supply from the waters to which such rule or regulation relates, or the state commissioner of health or the local board of health of the municipality wherein the water supply protected by these rules is used, or any person inter- ested in the protection of the purity of the water supply, may maintain an action in a court of record which shall be tried in the county where the cause of action arose against such person, for the recovery Potable Waters 59 of the penalties incurred by such violation, and for an injunction restraining him from the continued viola- tion of such rule or regulation. If the person served does not comply within five days with the rule or regu- lation violated, in case such rule or regulation relates to a temporary or permanent source or act of contami- nation affecting the potable water supply of the city of New York, the commissioner of water supply, gas and electricity of said city, or the board of water sup- ply of the city of New York, may summarily enforce compliance with such rule or regulation, and may sum- marily abate or remove the cause of the violation of such rule or regulation or the nuisance so created, and to that end may employ such force as may be neces- sary and proper; provided, however, that no building or improvements shall be removed, disturbed or de- stroyed by the said commissioner of water supply, or the said board of water supply until he or they shall cause measurements to be made of the build- ings and photographs of the exterior views thereof, which measurements and photographs shall be at the disposition thereafter of the owners or their attorneys, and failure to exercise such right of abatement shall not be deemed a waiver thereof. Failure to comply within five days with such rule and regulation shall further entitle the city of New York to maintain an action in any court having jurisdiction thereof for the recovery of the penalties incurred by such violation and for an injunction restraining the person or persons violating such rule or regulation, or creating or con- tinuing such nuisance, from the continued violation of such rule or regulation or continuance of such nuisance; the remedy by abatement being not exclusive. (Am'd by L. 1915, ch. 665, in effect May 20, 1915.) § 72. Rules and regulations for water supplies legal- ized. All rules and regulations heretofore duly made and published for the sanitary protection of public 60 The Public Health Law water supplies, pursuant to chapter five hundred and forty-three of the laws of eighteen hundred and eighty- five, and chapter six hundred and sixty-one of the laws of eighteen hundred and ninety-three, as amended, are hereby legalized, ratified, confirmed and continued in force, until new rules and regulations become operative. This section and the two preceding sections shall not be construed to repeal or affect any of the provisions of chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-seven, or its amendments. § , 73. Sewage. When the state department of health, or the commissioner of water supply, gas and electricity of the city of New York, or the board of water supply of the city of New York, shall, for the protection of a water supply from contamination, make orders or regulations the execution of which will require or make necessary the construction and maintenance of any system of sewage,* or a change thereof, in or for any village or hamlet, whether incorporated or un- incorporated, or the execution of which will require the providing of some public means of removal or purifica- tion of sewage, the municipality or corporation owning the water works benefited thereby shall, at its own expense, construct and maintain such system of sewage,* or change thereof, and provide and maintain such means of removal and purification of sewage and such works or means of sewage disposal as shall be ap- proved by the state department of health, and for that purpose said municipality or corporation may acquire, under the general condemnation law, the necessary real estate or interest therein whether now used for public or private purposes. When the execution of any such regulations of the state department of health, or the commissioner of water supply, gas and electricity of the city of New York, or the board of water supply of the city of New York, will occasion or require the re- * So in original. Potable Waters 61 moval of any building or buildings, the municipality or corporation owning the water works benefited thereby shall, at its own expense, remove such buildings and pay to the owner thereof all damages occasioned by such removal. When the execution of any such regula- tion will injuriously affect any property the munici- pality or corporation owning the water works bene- fited thereby shall make just and adequate compensa- tion for the property so taken or injured and for all injuries caused to the legitimate use or operation of such property. Until such construction or change of such system or systems of sewerage, and the providing of such means of removal or purification of sewage, and until such works or means of sewage disposal and the removal of any building are so made by the munici- pality or corporation owning the water works to be benefited thereby at its own expense, and until, except in the case of a municipality, the corporation owning the water works benefited shall make just and adequate payment for all injuries to property and for all injuries caused to the legitimate use or operation of such prop- erty, there shall be no action or proceeding taken by any such municipality, officer, board, person or corpo- ration against any person or corporation for the viola- tion of any regulation of the state department of health under this article, and no person or corporation shall be considered to have violated or refused to obey any such rule or regulation. The owner of any building the removal of which is occasioned or required, or which has been removed by any rule or regulation of the state department of health, or the commissioner of water supply, gas and electricity of the city of New York, or the board of water supply of the city of New York, made under the provisions of this article, and all persons whose rights of property are injuriously affected by the enforcement of any such rule or regula- tion, shall have a cause of action against the munici- 62 The Public Health Law pality or corporation owning the water works bene- fited by the enforcement of such rule or regulation, for all damages occasioned or sustained by such removal or enforcement, including all injuries caused to the legitimate use or operation of such property, and an action therefor may be brought against such munici- pality or corporation in any court of record in the county in which the premises or property affected is situated and shall be tried thereon; or such damage may be determined by a special proceeding in the supreme court or the county court of the county in which the property is situated. Such special proceedings shall be commenced by petition and notice to be &erved by such owner upon the municipality or corporation in the same manner as for the commencement of condem- nation proceeding. entitled to registration, the clerk shall thereupon reg- ister the applicant in the latter or new county, on re- ceipt of a fee of twenty-five cents, and shall stamp or indorse on such certificate the date, and his name, preceded by the words " registered also in county." and return the certificate to the applicant. (Anrd by L. 1915, ch. 52, in effect 'March 11, 1915.) § 222. Certificate presumptive evidence; unauthorized registration and license *prohibitd. Every unrevoked certificate and indorsement of registry, made as provided in this article, shall be presumptive evidence in all courts and places that the person named therein ia legally registered. Hereafter no person shall register any authority to practice veterinary medicine unless it has been issued or indorsed as a license by the regents. No diploma or license conferred on a person not actually in attendance at the lectures, instructions and examina- tions of the school conferring the same, or not possessed at the time of its conferment of the requirements then demanded of veterinary medical students in this state as a condition of their being licensed so to practice, and * So in original. 140 The Public Health Law no registration not in accordance with this article shall be a lawful authority to practice veterinary medicine nor shall the degree of doctor of veterinary medicine be conferred causa honoris or ad eundem, nor if pre- viously conferred shall it be a qualification for such practice. § 223. Construction of this article. This article shall not be construed to affect commissioned veterinary medi- cal officers serving in the United States army, or in the United States bureau of animal industry while so commissioned; or any person for giving gratuitous services in case of emergency; or any lawfully qualified veterinarian in other states or countries meeting legally registered veterinarians in this state in consultation; or any veterinarian residing on a border of a neighbor- ing state and duly authorized under thu laws thereof to practice veterinary medicine therein, whose practice extends into this state, and who does not open an offi"e or appoint a place to meet patients or receive calls within this state; or any veterinarian duly registered in one county called to attend isolated cases in another county, but not residing or habitually practicing therein. This article shall be construed to repeal all acts or parts of acts authorizing conferment of any degree in veterinary medicine, causa honoris or ad eundem, or otherwise, than on students duly graduated after satis- factory completion of a preliminary and veterinary medical course, not less than that required by this article, as a condition of license. § 224. Penalties and their collection. Every person who shall practice veterinary medicine within this state without lawful registration or in violation of any pro- vision of this article shall be guilty of a misdemeanor, and shall forfeit to the people of the state of New York, the sum of fifty dollars for each offense, which may be paid to the board or sued for and recovered in the name of the people of the state' of New York in an action brought therefor by the attorney-general. Any person Pharmacy 141 who shall practice veterinary medicine under a false or assumed name or who shall falsely personate another practitioner of a like or different name, shall be guilty of a felony; and any person guilty of violating any of the other provisions of this article, not otherwise spe- cifically punished herein, or who shall buy, sell or fraud- ulently obtain any verterinary medical diploma, license, record or registration, or who shall aid or abet such buying, selling or fraudulently obtaining, or who shall practice veterinary medicine under the cover of a diploma, or license illegally obtained, or signed or issued unlawfully or under fraudulent representation, or mis- take of fact in material regard, or who, after convic- tion of a felony, shall attempt to practice veterinary medicine, and any person who shall, without having been authorized so to do legally, append any veterinary title to his or her name, or shall assume or advertise any veterinary title in such a manner as to convey the impression that he is a lawful practitioner of veterinary medicine or any of its branches, shall be guilty of a misdemeanor, and on conviction thereof shall be pun- ished by a fine of not less than two hundred and fifty dollars or imprisonment for six months for the first offense, and on conviction of a subsequent offense by a fine of not less than five hundred dollars or imprison- ment for not less than one year, or by both fine and im- prisonment. (Am'd by L. 1915, ch. 381, in effect April 26, 1915.) ARTICLE XI. Pharmacy. Section 230. Definitions. 231. State board of pharmacy; appointments; nominations; examiners; secretary; ex- penses. 232. Powers and duties of the board; records; employees. 142 The Public Health Law Section 233. Licenses; certificates; examinations; rules. 234. Pharmacies; drug stores; stores. 235. Apprentices and employees. 236. Working hours and sleeping apartments, pharmacy or drug store. 236-a. Working hours and sleeping apartments, grocery or provision store. 237. Adulterating; misbranding and substitut- ing. 238. Poison schedules; register; opium and other prescriptions. 239. Construction of article; temporary permits. 240. Revocation of license; misdemeanors; vio- lations and penalties. 240a. Proof required in prosecuting for certain violations. 241. Schedules A, B and C. § 230. Definitions. As used in this article: 1. "Asso- ciation " means the New York state pharmaceutical association. 2. " Board " when not otherwise limited, means the New York state board of pharmacy. 3. "Chemicals" when not otherwise limited, means the chemical materials of medicine. 4. " Council " means the New York state pharmaceu- tical council with a secretary and at least one represen- tative from each school of the state appointed by the regents for a period of five years. 5. " Commissioner " means the commissioner of edu- cation of the state of New York; "Department," the education department of the state of New York ; " Uni- versity," the university of the state of New York; " Regents," the board of regents of the university of the state of New York as provided by the education law. 6. " Drugs," where not otherwise limited, means all substances used as medicines or in the preparation of medicines. " Crude Drugs " means drugs that have not been changed by manufacture except by desiccation or comminution. Phabmacy 143 7. " Examiner " means a member of the state board of pharmacy. S. "' Formulary " means the latest edition of the national formulary. 9. " Medicine," where not otherwise limited, means a drug or preparation of drugs in suitable form for use as a curative or remedial substance. 10. " Pharmacy," where not otherwise limited, means the place registered by the board in which drugs, chemi- cals, medicines, prescriptions or poisons are compounded, dispensed or retailed. 11. "Pharmacology" is the science that treats of drugs and medicines; their nature, preparation, admin- istration and effect. 12. " Pharmacopoeia," when not otherwise limited, means the latest edition of the pharmacopoeia of the United States of America. 13. " Physician " means a practitioner of medicine as denned by article eight of this chapter; "Dentist" means a practitioner of dentistry as denned by article nine, and " Veterinarian," means a practitioner of veteri- nary medicine as denned by article ten. 14. " Poisons," where not otherwise limited, means any drug, chemical, medicine or preparation liable to be destructive to adult human life in quantities of sixty grains or less. 15. " Rules," where not otherwise limited, means the rules of the board approved by the regents. 16. " School " means any college or school of phar- macy, or the department of pharmacy of a university, whatever the corporate title, registered by the regents as maintaining a proper educational standard and legally incorporated. 17. " Secretary " means the secretary of the state board of pharmacy. 18. " Syllabus " means the latest edition of the sylla- bus adopted by the board. (Am'd by L. 1910, ch. 422, in effect Aug. 1, 1910.) 144 The Public Health Law § 231. State board of pharmacy; appointments; nomi- nations; examiners; secretary; expenses. The state board of pharmacy in office when this section takes effect shall remain in office until August first, nineteen hundred and ten. On and after that date such board shall consist of nine examiners, four of whom shall be residents of the city of New York. At the annual meet- ing of the association held in nineteen hundred and ten there shall be twenty-five licensed pharmacists nomi- nated by ballot whose names shall be submitted to the regents, immediately thereafter. Appointments. From the number thus submitted or from the other licensed pharmacists of the state the regents may appoint nine persons, who shall constitute the board of pharmacy, whose term of office shall begin on August first, nineteen hundred and ten, three of whom shall hold office for a term of one year, three for a term of two years and three for a term of three years. The successors of the members, whose terms of office have expired, shall be appointed, as hereinafter provided, for a term of three years. A vacancy in the office of any member, caused otherwise than by expira- tion of term, shall be filled by the regents for the unexpired term of such member. Nominations. Thereafter, at each annual meeting of the association, nine licensed pharmacists shall be nomi- nated by ballot, whose names shall be submitted to the regents in writing under the seal of the association by the president and secretary thereof, promptly after the adjournment of such meeting. From the number thus submitted or from the other licensed pharmacists of the state the regents may appoint three persons to succeed the members whose terms of office expire on the follow- ing July thirty-first. Examiners. No person shall be appointed as an exam- iner unless he is a licensed pharmacist, and has legally practiced as such for at least ten years in this state. Pharmacy 145 Each of the candidates shall present proof of such qualifications to the regents. The regents may remove any examiner for misconduct, incapacity or neglect of duty. Each examiner shall receive a certificate of appointment from the regents, and before beginning his term of office shall take and file with the secretary of state the constitutional oath of office. The board or any committee thereof may employ counsel, may compel the attendance of witnesses, and may take testimony and proofs concerning all matters within its jurisdiction. The board shall make such rules approved by the regents not inconsistent with the law, as may be necessary for the proper performance of its duty, but no rule by which more than a majority vote is required for any specific action by the board shall be amended, suspended, or repealed by a smaller vote than that required for action thereunder. Secretary. The secretary shall be a licensed pharma- cist who has legally practiced as a pharmacist for at least ten years in this state. He shall be appointed by the regents, shall hold office during their pleasure and shall receive an annual salary of three thousand dollars, payable from the moneys received under this article. He shall be the executive officer of the board and shall have such powers and shall perform such duties as are prescribed by the rules. The secretary in office when this article takes effect shall continue in office until his successor has been appointed as above provided. Expenses. All fees, fines, penalties and other moneys derived from the operation of this article shall be paid into the state treasury and the legislature shall annu- ally appropriate for the department an amount suffi- cient to pay all proper expenses incurred pursuant to this article. All funds in the custody of the state board of pharmacy when this act takes effect shall be immediately turned over to the department and shall be available for the payment of all proper expenses of 146 The Public Health Law the board, until an appropriation is made by the legis- lature as above provided. When such appropriation is so made the unexpended balance of the funds so turned over to the department shall be paid into the state treasury, to be expended as in the case of other moneys derived from the operation of this article. (Am'd by L. 1910, ch. 422, reenacted by L. 1915, ch. 502, in effect May 3, 1915.) § 232. Powers and duties of the board; records; em- ployees. Prior to October first the board shall annually elect from its members a president and a vice-president for the academic year, and shall hold one or more meet- ings each year. At any meeting a majority shall con- stitute a quorum; but questions prepared by the board may be grouped and edited, or answer papers of candi- dates may be examined and marked by committees duly authorized by the board and approved by the regents. The board shall have power: (a) To regulate the practice of pharmacology. (b) To regulate the sale of drugs, chemicals, medi- cines and poisons. (c) To regulate the employment of apprentices and employees in pharmacies. (d) To regulate the working hours and sleeping apartments of employees in pharmacies. (e) To regulate and control the character and stand- ard of drugs and medicines compounded and dispensed in the state, to employ inspectors and chemists, to secure samples and to prevent the sale of such drugs, chemicals, medicines and poisons as do not conform to the formulae, standards and tests of the pharmacopoeia and formulary. (f) To regulate the retailing of poisons and to adopt schedules. (g) To issue temporary permits limited to definite areas. Pharmacy 147 (h) To investigate alleged violations of the provi- sions of this article, to conduct hearings in respect thereto when, in its discretion, it appears to be neces- sary, and to bring the same to the notice of the attor- ney-general. Records. It shall be the duty of the board in its rooms provided by the regents to preserve a record of all licenses and certificates which shall be open to public inspection and shall have in all legal proceedings the same weight as evidence that is given to a record of conveyance of lands. It shall render annually to the regents and the association a report of all its proceed- ings during the preceding year. Books, records, papers and properties of the state board of pharmacy and of each branch thereof abolished by this act shall on or before August tenth, nineteen hundred and ten, be transferred to the state board of pharmacy, organized under and in pursuance of the pro- visions of this act and shall be preserved by the board. Employees. The clerks, stenographers, inspectors and employees of the state board of pharmacy in office when this act takes effect shall be transferred to the depart- ment. The rules of the board, made as hereinbefore pro- vided, shall specify the number of clerks, stenographers, inspectors and employees, necessary to carry out the provisions of this article. The clerks, stenographers, in- spectors and employees transferred to the department as above provided, or hereafter employed, shall be subject to the same rules as to appointment and service as the other employees of the department. (Am'd by L. 1910, ch. 422, in effect Aug. 1, 1910.) § 233. Licenses; certificates; examinations; rules. Satisfactory evidence verified by oath shall be required by the regents of all candidates for admission to the examinations. Pharmacist. They shall admit to the examination 148 The Public Health Law for pharmacist any candidate that pays a fee of ten dollars and 1. Is more than twenty-one years of age. 2. Is of good moral character. 3. Had prior to January first, nineteen hundred and eighteen, fifteen academic counts, or the equivalent, before beginning the first year of study in the school, and after that date had thirty academic counts, or the equivalent, before beginning such study. 4. Had studied pharmacology as outlined in the syl- labus not less than two years in a school. 5. Has either received the diploma of graduate in pharmacy or equivalent degree from a school, or a license conferring the full right to practice pharma- cology in some foreign country registered as meeting the minimum requirements of this article. The di- ploma of graduate in pharmacy or equivalent degree shall not be conferred on any one that did not file with the school at matriculation the pharmacy student cer- tificate required above. 6. Has had four years' experience in a registered pharmacy or drug store, under the personal super- vision of a pharmacist or druggist, one year of which experience within five years of the date of application must have been in a pharmacy or drug store of the United States. Druggist. They shall admit to the examination for druggist any candidate that pays a fee of five dollars and 1. Is more than eighteen years of age. 2. Is of good moral character. 3. Has the preliminary and professional education required by the rules. 4. Has had three years' experience in a registered pharmacy or drug store under the personal supervision of a pharmacist or druggist, one year of which exper- ience within five years of the date of application must Phabmacy 149 have been in a pharmacy or drug store of the Unfted States. Examinations. The board shall submit to the regents as required suitable questions for thorough examination in pharmacology, both written and practical, as out- lined in the syllabus. From these questions the secretary shall prepare question papers in accordance with the rules which at any examination shall be the same for all candidates. Examinations for license shall be given in at least three convenient places in the state and at least four times annually in accordance with the rules. The. practical examinations shall be conducted by the exam- iners, the written by the regents. On receiving from the board an official report that an applicant las suc- cessfully passed the examinations and is recommended for license, the regents shall issue to him a license to practice according to the qualifications of the applicant. Every license shall be issued by the regents under seal and shall be signed by the commissioner, each examiner and by the secretary. Every certificate shall be issued by the board subject to rule and shall be signed by the secretary. Applicants examined and licensed by other state examining boards registered by the regents as maintaining standards not lower than those provided by this article may without further examination, on payment of twenty-five dollars to the regents and on submitting such evidence as they may require receive from them an endorsement of their licenses or diplo- mas conferring all rights and privileges of a regents' license after examination. Before any license or certificate is issued it shall be numbered and properly recorded and its number shall be noted in the license or certificate. The regents on the recommendation of the board may revoke a license or annul a certificate, for cause. 150 The Public Health Law Rules. The rules of the board and of the regents affecting examination, registration and administration continue in force until revised by the board and approved by the regents. The board shall make rules subject to the approval of the regents: 1. For the certification and registration of appren- tices and storekeepers. 2. For the surrendering of licenses, issued prior to January first, nineteen hundred and one. 3. For the acceptance of licenses from other licensing boards issued prior to January, nineteen hundred and five, in lieu of a diploma. 4. For the accomplishment of the trusts reposed in them by this article and by any other law of the state. All licenses and certificates of examination, issued to licensees by former boards of pharmacy, shall be in full force and effect in perpetuity for the section of the state for which they were issued, and all certifi- cates of registration issued during nineteen hundred and ten shall be valid until January first, nineteen hundred and eleven. (Am'd by L. 1910, ch. 422; L. 1915, ch. 502, and L. 1916, ch. 327, in effect April 27, 1916.) § 234. Pharmacies; drug stores; stores. Except as prescribed in this article, it shall not be lawful for any person to practice as a pharmacist, druggist, apprentice or storekeeper, or to engage in, conduct, carry on, or be employed in the dispensing, compounding or retailing of drugs, chemicals, medicines, prescriptions or poisons within this state. Every place in which drugs, chem- icals, medicines, prescriptions or poisons are retailed, or dispensed, or compounded, shall be a pharmacy, a drug store, or a store; shall be under the personal supervision of a pharmacist, a druggist, or a store- keeper and shall be annually registered in the month of January by the board as conducted in full compliance with law and the rules. PH ABM ACT 151 Pharmacies. It shall be lawful for a pharmacist in conformity with the rules, to take, use and exhibit the titles pharmacist and registered pharmacy and to have charge of, engage in, conduct or carry on for himself or for another the . dispensing, compounding, or sale of drugs, chemicals, medicines, prescriptions or poisons unywhere within the state, but he shall have personal supervision of not more than one pharmacy or drug store at the same time. Drug stores. It shall be lawful for a druggist in conformity with the rules to take, use, and exhibit the titles druggist and registered drug store, and to have charge of, engage in, conduct or carry on for himself or for another the dispensing, compounding or retailing of drugs, chemicals, medicines, prescriptions or poisons anywhere within the state, in a place of not more than one thousand inhabitants, but he shall have charge of not more than one drug store at the same time. He may be employed for the purpose of dispensing or retail- ing drugs, chemicals, medicines, prescriptions and poisons in a registered pharmacy under the management and personal supervision of a licensed pharmacist; he may also perform such duties during the temporary absence of the pharmacist, except in cities of more than one million inhabitants. Temporary permits. In places and villages of a thousand inhabitants or less that do not have within three miles a pharmacy or drug store; 1. Physicians may compound medicines, fill prescrip- tions and sell poisons labeled as required by this article. 2. Storekeepers may in accord with the rules sell medicines and poisons for a period not exceeding one year upon the payment of a fee of three dollars. The storekeeper's certificate is limited to the village or place where the storekeeper resides and may be limited to the sale of certain classes of poisons sold only in original packages and put up by a licensed pharmacist 152 The Public Health Law whose name and business address is displayed on the package. Stores. It shall be lawful for the storekeeper in con- formity with the rules to take, use and exhibit the titles certified storekeeper and registered store and to sell medicines and poisons for a period not exceeding one year in a village or place of the state with less than one thousand inhabitants that has no pharmacy or drug store within three miles of it. Every person practicing as a pharmacist or druggist must at all times display his license conspicuously in his place of business. The proprietor of every phar- macy, drug store or store shall annually in the month of January report under oath to the board any facts required by the board, shall pay the registration fee of two dollars and shall receive a certificate of registration that must be conspicuously displayed at all times in the pharmacy, drug store or store with all licenses. Every person, partnership, association or corporation doing business as the proprietor or proprietors of a pharmacy, drug store or store shall cause the name of such proprietor or proprietors to be displayed upon a sign conspicuously placed upon the exterior of the building and his sign shall be presumptive evidence of ownership of such pharmacy, drug store or store. The proprietor that opens a pharmacy, drug store or store subsequent to the month of January shall, within thirty days of opening, make this report, pay the fee and dis- play the certificate and the sign. Every proprietor of a wholesale or retail pharmacy, drug store or store is responsible for the strength, quality and purity of all drugs sold or dispensed by him, subject to the guaranty provisions of this article. (Am'd by L. 1910, ch. 422, in effect Aug. 1, 1910.) § 235. Apprentices and employees. Every person over fifteen years of age that shall enter a pharmacy Pharmacy 153 or drug store with the intention of becoming a pharma- cist or druggist, shall pay the registration fee of one dollar, and receive a certificate as a registered appren- tice in accordance with the rules. Apprentices may be employed, in accordance with the requirements of this article and the rules, in reg- istered pharmacies and drug stores and may receive instruction in the practice of pharmacology. Apprentices may prepare or dispense receipts or prescriptions, may sell or furnish medicines or poisons in the presence of and under the immediate personal supervision of a pharmacist or druggist who must be either the proprietor or in the actual employ of the proprietor. The proprietor as principal shall be equally liable for violations of this article by his employees. Other unlicensed assistants may be employed in reg- istered pharmacies and drug stores for other purposes than the practice of pharmacology and the dispensing, compounding or retailing of drugs, chemicals, medi- cines, prescriptions or poisons. (Am'd by L. 191Q, ch. 422, and L. 1915, ch. 502, in effect May 3, 1915.) § 236. Working hours and sleeping apartments. No apprentice or employee in any pharmacy or drug store shall be required or permitted to work more than seventy hours a week. Nothing in this section prohibits Working six hours overtime any week for the purpose of making a shorter succeeding week, provided, how- ever, that the aggregate number of hours in any such two weeks shall not exceed one hundred and thirty-two hours. The hours shall be so arranged that an employee shall be entitled to and shall receive at least one after- noon and evening off in each week and in addition thereto shall receive one full day off in two consecutive Weeks! No proprietor of any pharmacy or drug store shall require any clerk to sleep in any room or apart- ment in or connected with such store that does not com- ply with the sanitary regulations of the local board of 154 The Public Health Law health. The provisions of this section alone regulate working hours and sleeping apartments in pharmacies or drug stores. (Am'd by L. 1910, ch. 422, and L. 1911, ch. 630, and L. 1914, ch. 514, in effect April 23, 1914.) § 236-a. Working hours for male employees over the age of sixteen years, and sleeping apartments in grocery or provision stores. No male apprentice or employee over the age of sixteen years in any grocery or pro- vision store located or lying within the boundaries of any city of the first class shall be permitted to work more than seventy hours a week or more than eleven hours in any one day, except that on the last day of the week such employees may be permitted to work fifteen hours for the purpose of eliminating work on the first day of the week. Nothing herein shall be so construed as to require male apprentices or em- ployees over the age of sixteen years in grocery or provision stores to work on seven days in the week. The work hours shall be consecutive, allowing one hour for each meal. Nothing herein shall be so con- strued as to affect minors under the age of sixteen years or females of any age, or in any way to repeal or modify chapter three hundred and thirty-one of the laws of nineteen hundred and fourteen. No pro- prietor of any grocery or provision store located within the boundaries of any city of the first class shall per- mit any clerk to sleep in any room or apartment in or connected with such store which does not comply with the sanitary regulations of the local board of health, providing, however, that this act shall not affect any proprietor or the family of such proprietor who reside in an apartment connected with such store, which apartment at the time of its building or erection was in conformity with the sanitary regulations of the local board of health. Failure to comply with any of the provisions of this section shall be deemed a misde- meanor. (Added by L. 1915, ch. 343, in effect April 20, 1915.) Phabmact 155 § 237. Adulterating, misbranding and substituting. A drug is adulterated in any of the following cases: 1. When sold under or by a name recognized in the pharmacopoeia it differs from the standard determined by the test or formula given. 2. When sold under or by a name recognized in the formulary the strength, quality or purity or percentage of the alkaloid or alkaloids or other potent ingredient or ingredients differs from the standard determined by the test or formula given. 3. When sold under or by a name not recognized in or according to a formula not given in the pharma- copoeia or formulary that is found in some other stand- ard work on pharmacology recognized by the board, it differs in strength, quality or purity from the strength, quality or purity required, or the formula prescribed in the standard work. Provided, however, that all drugs sold by wholesalers when not sold to a consumer shall be in accordance with the provisions of the national food and drug act of June thirtieth, nineteen hundred and six. 4. When sold as a homeopathic drug it differs from the strength, quality or purity established by the test or formula given in the latest edition of the homeopathic pharmacopoeia of the United States or the American homeopathic pharmacopoeia. 5. Its strength, quality or purity differs from the professed standard of strength, quality or purity under which it is sold. 6. It contains methyl or wood alcohol when intended for use as a medicine except when sold as a veterinary liniment for external use only and so labeled. Misbranding and substituting. A drug is mis- branded if I. The package bears any statement, design or device that is false or misleading in any particular regarding 156 The Public Health Law its contents, regarding the state, territory or county in which it is manufactured or produced. 2. It is an imitation or is offered for sale under the name of another substance. 3. The original contents of the package have been removed in whole or in part and other contents added. 4. The package fails to bear a statement of the per- centage contained therein by volume of alcohol and by rjuantity or proportion of morphine, opium, heroin, chloroform, cannabis indica, chloral hydrate, acetanilide or any derivative or preparation of any of these sub- stances. o. The package containing a homeopathic drug fails to state that fact. These statements shall be made in type easily read, conspicuously displayed and described by their common or English names. Alcohol used as a solvent, preserva- tive or for any other purpose is contained in the drug within the meaning of this article. Nothing in this paragraph applies to the compounding and dispensing of drugs and medicines on the written prescription of a physician, dentist or veterinarian, which prescription shall be kept on file by the pharmacist or druggist. Nor does it apply to unadulterated drugs recognized in the pharmacopoeia and the formulary and the homeopathic pharmacopoeia sold under the names by which they are recognized therein, and not sold under a proprietary name, trade name or trade mark. All adulterated, mis branded or substituted drugs are forfeited to the board for destruction. (Am'd by L. 1910, ch. 422, in effect Aug. 1, 1910.) § 238. Poison schedules; register. It is unlawful for any person to sell at retail or to furnish any of the poisons of schedule A and B without affixing or caus- ing to be affixed to the bottle, box, vessel or package, a label with the name of the article and the word poison distinctly shown and with the name and place of Pharmacy 157 business of the seller all printed in red ink together with the name of such poisons printed or written thereupon in plain, legible characters. Wholesale dealers in drugs, medicines, pharmaceuti- cal preparations, chemicals or poisons shall affix or cause to be affixed to every bottle, box, parcel and outer inclosure of any original package containing any of the articles of schedule A a suitable label or brand in red ink with the word poison upon it. Register. Every person who disposes of or sells at retail or furnishes any poisons included in schedule A shall before delivering the same enter in a book kept for that purpose the date of sale, the name and ad- dress of the purchaser, the name and the quantity of the poison, the purpose for which it is purchased and the name of the dispenser. The poison register must be always open for inspection by the proper authori- ties and must be preserved for at least five years after the last entry. He shall not deliver any of the poisons of schedule A or B until he has satisfied himself that the purchaser is aware of its poisonous character and that the poison is to be used for a legitimate purpose. The provisions of this paragraph do not apply to the dispensing of medicines or poisons on physicians' pre- scriptions. The board shall add to any of the schedules from time to time as such action becomes necessary for fhe protection of the public. Schedules A, B and C shall remain in force until amended by the rules. (Am'd by L. 1915, ch. 502, in effect May 3, 1915.) § 239. Construction of article; temporary permits. This article shall not apply to the practice of a physi- cian that is not the proprietor of a pharmacy, drug store or store, or that is not in the employ of such a proprietor. Except as to the quality of drugs dispensed it shall not prevent physicians from supplying their patients with such articles as the physician deems 158 The Public Health Law proper. This article shall not be construed as preclud- ing the ownership of a pharmacy or drug store by an unlicensed person, firm or corporation provided such pharmacy or drug store be conducted in accordance with the provisions of said article. Except as to the labeling of poison and to adulterating, misbranding and substituting, it shall not apply. 1. To the sale of drugs, medicines, chemicals, prescrip- tions or poisons at wholesale when not for the use or consumption of the purchaser. 2. To the sale of paris green, white hellebore and other poisons for destroying insects. 3. To the sale of any substance for use in the arts. 4. To the manufacture and sale of proprietary medi- cines. 5. To the sale by merchants of the articles in schedule C. (Am'd by L. 1910, ch. 422, in effect Aug. 1, 1910.) § 240. Revocation of license; misdemeanors; viola- tions and penalties. No license or certificate shall be granted to any applicant guilty of felony or gross im- morality, or that is addicted to the use of alcoholic liquors or narcotic drugs to such an extent as to ren- der him unfit to practice pharmacology. Any license or certificate obtained by misrepresentation or fraud or that is held by any one unfit or incompetent from negligence, habits or other cause may be revoked after reasonable notice and an opportunity to be heard. The wilful and repeated violation of any of the provisions of this article or the rules is sufficient cause for the revocation of a license or certificate. The license or certificate revoked shall on formal notice be delivered immediately to the board. Misdemeanors. It is a misdemeanor for 1. Any person to procure or attempt to procure a license or certificate for himself or for any other person by making, or causing to be made, any false representa- tions. Phabmacy 159 2. Any pharmacist to permit the compounding and dispensing of prescriptions of medical practitioners in his pharmacy hy any unlicensed person or persons, ex- cept in the presence of and under the immediate per- sonal supervision of a pharmacist or druggist. 3. Any unlicensed person to prepare or to dispense a medical prescription or physician's prescription, or to dispense or to sell at retail poisons or medicines except under the immediate personal supervision of a phar- macist or druggist whose license is displayed in the pharmacy or drug store. 4. Any unlicensed person to open or to conduct or to have charge of, or to supervise any pharmacy, drug store for retailing, dispensing or compounding drugs, chemicals, medicines, prescriptions or poisons. 5. Any person to fraudulently represent himself to be licensed. 6. Any person to intentionally prevent or knowingly refuse to permit any examiner or inspector to enter a pharmacy, drug store or store for the purpose of law- ful inspection. 7. Any person whose license or certificate has been revoked, to refuse to deliver the certificate or license. 8. Any person to omit his name from the sign and any holder of a license or certificate to fail to display the same. 9. Any proprietor of a pharmacy or drug store to require more than seventy working hours a week in other arrangement than that permitted by section two hundred and thirty-six; and for any proprietor of a pharmacy or drug store to violate the provisions of the same section in regard to sleeping apartments. 10. Any person to adulterate, misbrand or substitute any drug knowing or intending that it shall be used, or sells, offers for sale or causes to be sold any adul- terated, misbranded or substituted drug. 160 The Public Health Law 11. Any person to violate any of the provisions of this article in relation to the wholesaling, retailing or dispensing of drugs, chemicals, medicines, prescriptions and poisons for which violations no other punishment is imposed. Violations and penalties. Any -person that violates any of the provisions of this article who is not crimi- nally prosecuted, on complaint of the board, as for a misdemeanor, shall forfeit to the people of the state of New York the* sum of fifty dollars for every such violation, which may be paid to the board or sued for and recovered in the name of the people of the state of New York in an action brought therefor by the attorney-general. A person accused of violation of any of the pro- visions of this article relating to adulterating, mis- branding or substitution shall not be prosecuted or con- victed or suffer any of the penalties, fines or forfei- tures for such violation, if he establishes upon the hearing or trial that the drug or drugs alleged to be adulterated, misbranded or substituted were purchased by him under a guaranty of the manufacturer or seller to the effect that said drug or drugs were not adulter- ated or misbranded within the meaning of this article and proves that he has not adulterated, misbranded or substituted the same. A guaranty in order to be a defense to a prosecution or to prevent conviction or to afford protection, must state that the drug or drugs to which it refers are not adulterated, misbranded or substituted within the meaning of the provisions of the statute of New York state and must state also the full name, and place of business of the manufacturer, wholesaler, jobber or other person from whom the drug or drugs were purchased. In construing and en- forcing the provisions of this article the word " person " shall import both the plural and singular and shall in- clude corporations, companies, partnerships, societies Phaemacy 161 and associations, and the act, omission or failure of any officer, agent or other employee acting for or employed by any person within the scope of his authority or em- ployment shall in every case be the act, omission or failure of the person as well as that of the officer, agent or other employee, and such person shall be equally liable for violations of this article by a part- nership, association or corporation, every member of the partnership or association and the directors and general officer of the corporation and the general man- ager of the partnership, association or corporation, shall be individually liable and any action, prosecution or proceeding authorized by this article may be brought against any or all of such persons. When any prose- cution under this article or under section eleven hun- dred and forty-two, section eighty, section eighty-one, section eighty-two, section seventeen hundred and forty-two, section seventeen hundred and forty -three, sec- tion seventeen hundred and forty-five, section seventeen hundred and forty-six, section seventeen hundred and forty-seven, section seventeen hundred and forty-eight, section seventeen hundred and forty-nine and section seveteen hundred and sixty of the penal law and any amendment thereto is made on the complaint of the board, any fines collected shall be paid into the state treasury as provided by this article. (Am'd by L. 1910, ch. 422; L. 1911, ch. 630, and L. 1915, ch. 502, in effect May 3, 1915.) § 240-a. Proof required in prosecuting for certain vio- lations. In an action or proceeding, civil or criminal, against any person for violating any provision of this article relating to retailing or dispensing drugs, chem- icals, medicines, prescriptions and poisons, or to mis- branding or substituting, it shall be necessary to prove at the trial or hearing that at the time and place of the 6 162 The Public Health Law taking of any sample of drugs, chemicals, medicines or poisons, to be analyzed, the person taking the same di- vided it into two substantially equal parts, hermetically or otherwise effectively and completely sealed, delivered one such sealed part to the seller, pharmacist, druggist or storekeeper from whose premises such sample was taken and delivered the other part so sealed to the chemist designated by the state board of pharmacy; and the facts herein required to be proven shall be alleged in the complaint or information by which such action or proceeding was begun. The rules of the board shall be proven prima facie by the certificate of the secfetary. (Added by L. 1913, ch. 223, am'd by L. 1915, ch. 502, in effect May 3, 1915.) § 241. Schedules A, B and C. These schedules remain in force until revised by the board and approved by the regents. Schedule A. Arsenic, atropine, corrosive sublimate, potassium cyanide, chloral hydrate, hydrocyanic acid, morphine, strychnine and all other poisonous vegetable alkaloids and their salts, oil of bitter almond contain- ing hydrocyanic acid, opium and its preparations, except paregoric and such others as contain less than two grains of opium to the ounce. Schedule B. Aconite, belladonna, cantharides, col- chicum, conium, cotton root, digitalis, ergot, hellebore, henbane, phytolacca, strophantus, oil of savin, oil of tansy, veratrum viride and their pharmaceutical prepara- tions, arsenical solutions, carbolic acid, chloroform, creo- sote, croton oil, white precipitate, methyl or wood alcohol, mineral acids, oxalic acid, paris green, salts of lead, salts of zinc, or any drug, chemical or preparation which is destructive to adult human life in quantities of sixty grains or less. Schedule C. Ammonia water, bicarbonate of soda, borax, camphor, castor oil, cream of tartar, dyestuffs, Habit Forming Drugs 163 essence of peppermint, essence of wintergreen, non- poisonous flavoring esssences or extracts, glycerine, licorice, olive oil, sal ammonaic, saltpetre, sal soda, epsom salt, rochelle salt, sulphur, cod liver oil, vaseline, petrol- eum jellies, oil of origanum, oil of spike, flaxseed, rock candy, butter color, malt extract, extract of beef, beef, iron and wine, extract of witch hazel, quinine pills, cathartic pills, seidlitz powders, bay rum, perfumes, toilet water, tumeric, talcum powder, composition powder, porous plasters, court plasters, copperas, alum, gum arabic, lithia water. (Added by L. 1910, ch. 422, am'd by L. 1915, ch. 502, in effect May 3, 1915.) ARTICLE XI-A Habit Forming Drugs* Section 245. Sale prohibited; exception. 246. Prescriptions; certificates. 247. Order blanks; filing. 248. Physicians, et cetera, to keep records. 249. Hypodermic syringe; sale of; record; penalty. 249-a. Commitment; procedure; discharge. 249-b. Revocation of license. 249-c. Revocation of license after conviction. 249-d. Penalties. § 245. Sale prohibited; exception. No pharmacist, druggist or other person shall sell, have or offer for sale or give away any chloral, opium or any of its salts, alkaloids or derivatives or any compound or preparation of any of them except upon the written prescription of a duly licensed physician, veterinarian or dentist, provided that the provisions of this article shall not apply to the sale of domestic and proprietary remedies, nor to physicians' prescriptions, compounded solely for the *See also federal (Harrison) law, Internal Revenue Regulations No. 35. 164 The Public Health Law person named in the original prescription, actually sold in good faith as medicines and not for the purpose of evading the provisions of this article and provided fur- ther that such remedies and preparations do not con- tain more than two grains of opium, or one-fourth grain of morphine or one- eighth grain of heroin or one grain of codeine, or ten grains of chloral or their salts in one fluid ounce or if a solid preparation, in one avoir- dupois ounce, nor to plasters, liniments and ointments for external use only. (Added by L. 1914, ch. 363, am'd by L. 1915, ch. 327, in effect April 17, 1915.) § 246. Prescriptions; certificates. It shall be unlaw- ful for any person to sell at retail or give away any of the drugs, their salts, derivatives or preparations mentioned in section two hundred and forty-five of this chapter except as herein provided without first receiving a written prescription signed by a duly licensed physi- cian, veterinarian or dentist. The prescription must contain substantially the following: the name in full of the physician, veterinarian or dentist issuing such prescription, his office address, and the name, age and address of the person to whom and date on which such prescription is issued. It shall be unlawful for any duly licensed physician, veterinarian or dentist to issue any such prescription containing any of the drugs, their salts, derivatives or preparations men- tioned in section two hundred and forty-five of this chapter, for any duly licensed physician to dispense, give or deliver any of the said drugs, their salts, deriva- tives or preparations, except after a physical examina- tion of any person for the treatment of disease, injury or deformity. It shall be unlawful for any person to sell at retail any of the drugs or preparations of any of those mentioned in section two hundred and forty- five of this article without first verifying the authority of any prescription containing more than four grains of morphine, thirty grains of opium, two grains of Habit Forming Dktjgs 165 heroin, six grains of codeine or four drams of chloral. Such verification can be mad,e by telephone or other- wise. Such prescriptions so received shall be filled out at the time of receiving the same for the full quantity prescribed and no prescription so received shall be rilled out more than ten days after the date which said pre- scription be dated. Such prescription, from which no copy shall be taken, shall be retained by the person who dispenses the same and shall be filled but once. A separate file of all such prescriptions shall be kept by the pharmacist or druggist filling the same, but such prescriptions may be numbered consecutively with other prescriptions received. Unless so separately filed a record must be kept showing: 1. The file number given to each prescription filled; 2. The name of the physician or surgeon signing the same ; and 3. The name of the person for whom such prescrip- tion is filled. Any person who sells at retail, furnishes or dispenses any of the drugs mentioned in section two hundred and forty-five of this chapter upon a written prescription by a duly registered physician or veterinarian or dentist shall at the time of dispensing the same, place upon the package a label or deliver therewith a certificate stating the name and address of the person selling or furnishing the same, the name and address of the physi- cian, veterinarian or dentist upon whose prescription such sale is made, the date of sale, and the name of the person to whom such sale is made. Any person, other than a manufacturer of any of the drugs mentioned in section two hundred and forty-five or a Avholesale dealer in drugs or a licensed pharmacist, licensed druggist, duly registered practicing physician, licensed veterinar- ian or a licensed dentist, who shall possess any of the drugs mentioned in section two hundred and forty-five or their salts, derivatives or preparations, shall be 166 The Public Health Law guilty of a misdemeanor, unless said possession is authorized by the certificate described in this section. Nothing herein contained shall be construed to prohibit the sale of any of such drugs by any manufacturing pharmacists or chemists or wholesale or retail phar- macists or druggists, to other manufacturing pharma- cists or chemists, or wholesale or retail pharmacists, or druggists, or to hospitals, colleges, scientific or pub- lic institutions, except that such sale shall be made in the manner provided in the next succeeding section. (Added by L. 1914, eh. 363, am'd by L. 1915, ch. 329, in effect April 17, 1915.) § 247. Order blanks; fling. The state commissioner of health shall prepare and furnish to all boards of health or officers official order blanks, serially numbered in duplicate, bound in book form, with carbon or trans- fer paper between the duplicate pages. The said official order shall be furnished by the local health board or officer to any local, duly licensed physician, dentist, pharmacist, druggist or veterinarian, upon which must be written all orders for the purchase of any of the drugs enumerated in section two hundred and forty-five of this chapter for the use of such physician, dentist, pharmacist, druggist or veterinarian. It shall be unlaw- ful for any person to sell, furnish or dispose to any physician, pharmacist, druggist, veterinarian or dentist any of the drugs enumerated in section two hundred arid forty-five of this chapter without first receiving from such physician, pharmacist, druggist, veterinarian or dentist an official order blank as provided in this section, which official order shall be retained by the person or corpora- tion who sells, furnishes or dispenses any of the drugs enumerated in section two hundred and forty- five of this chapter, and such official order shall be kept in a separate file or book and an entry made or caused to be made on the order at the time of making such sale, stating the date of sale, the name and address of the purchaser and the name of the person making such sale. Habit Forming Drugs 167 In lieu of preparing and furnishing order blanks under this section, however, the state commissioner of health may approve order blanks provided for in any act of congress regulating the purchase by and sale of such drugs to physicians, pharmacists, druggists, veterinar- ians and dentists, and may provide by rule or regula- tion that the use of such approved order blanks in the manner and for the purposes set forth in this section shall be a sufficient compliance with the provisions hereof. Such approval, rule or regulation may be sus- pended or revoked by the commissioner at any time, thereby restoring all the requirements of this section. (Added by L. 1914, ch. 363, am'd by L. 1915, ch. 327, in effect April 17, 1915.) §248. Physicians, et cetera, to keep records. All per- sons authorized by law to sell, administer, prescribe, dispense or dispose of any of the drugs enumerated in section two hundred and forty-five of this chapter, shall forthwith keep on record the name and address of each person to whom such drug is dispensed, given or in any manner delivered and the quantity so dispensed, given or delivered, and shall likewise keep a record of any disposition made of any quantity of any such drug referred to, whether such disposition be in the prepara- tion of compounds or otherwise, and if used in the preparation of compounds the quantity so used in each compound and where placed. Such record shall be pre- served for two years and shall always be open for inspection by the proper authorities. Any violation of this section is hereby declared to be a misdemeanor. (Added by L. 1914, ch. 363, am'd by L. 1915, ch. 327, in effect April 17, 1915.) § 249. Hypodermic syringe; sale of; record; penalty. Tt is unlawful for any person to sell at retail or to furnish to any person other than a duly licensed physi- cian, dentist, or veterinarian, an instrument commonly known as a hypodermic syringe or an instrument com- monly known as a hypodermic needle, without the 168 The Public Health Law written order of a duly licensed physician, dentist, or veterinarian. Every person who disposes of or sells at retail, or furnishes or gives away to any person, either of the above instruments, upon the written order of a duly licensed physician, dentist, or veterinarian, shall, before delivering the same, enter in a book kept for that purpose the date of the sale, the name and address of the purchaser, and a description of the instrument sold, disposed of, furnished or given away. Any person or persons who sell, dispose of or give away an instrument commonly know r n as a hypodermic syringe, or an instrument commonly known as a hypo- dermic needle, except in the manner prescribed in this section, shall be guilty of a misdemeanor. (Added by L. 1914, ch. 363, am'd by L. 1915, ch. 327, in effect April 17, 1915.) § 249-a. Commitment of habitual drug users; pro- cedure; discharge. The constant use by any person of any habit-forming drug, except under the direction and consent of a duly licensed physician, is hereby declared to be dangerous to the public health. Whenever a com- plaint shall be made to any magistrate that any person is addicted to the use of any habit-forming drug, with- out the consent or direction of a duly licensed physi- cian, such magistrate, after due notice and hearing, is* satisfied that the complaint is founded and that the person is addicted to the use of a habbit-forming drug, shall commit such person to a state, county or city hospital or institution licensed under the state lunacy commission, or any correctional or charitable institution maintained by the state or any municipality thereof, for the treatment of disease or inebriety. Any court having jurisdiction of a defendant in a criminal pro- ceeding, if it appears that a defendant 'is a habitual drug user, may commit such user for treatment as * So in original. Habit Forming Drugs 169 herein provided at any stage of such proceeding against such defendant, and may stay proceedings, withhold conviction or suspend sentence, pending the period of such commitment. Whenever the chief medical officer of such institution shall certify to any magistrate that any person so committed has been sufficiently treated or give any other reason which is deemed adequate and sufficient, he may discharge the person so com- mitted. Every person committed under the provisions of this section shall observe all the rules and regula- tions of the institution or hospital. Any such person who wilfully violates the rules and regulations of the institution or repeatedly conducts himself in a dis- orderly manner may be taken before a magistrate by the order of the chief medical officer of the institution. The chief medical officer may enter a complaint against such person for disorderly conduct and the magistrate, after a hearing and upon due evidence of such dis- orderly conduct, may commit such person for a period of not to exceed six months to any institution to which persons convicted of disorderly conduct or vagrancy may be committed, and such institution shall keep such persons separate and apart from the other inmates, provided that nothing in this section shall be construed to prohibit any person committed to any institution under its provisions from appealing to any court hav- ing jurisdiction for a review of the evidence in which this commitment was made. (Added by L. 1914, ch. 363, am'd by L. 1915, ch. 327, in effect April 17, 1915.) § 249-b. Revocation of licenses. Any license hereto- fore issued to any physician, dentist, veterinarian, phar- macist or registered nurse may be revoked by the proper officers or boards having power to issue licenses to any of the foregoing upon proof that the licensee is addicted to the use of any habit-forming drug or drugs after giving such licensee reasonable notice and opportunity to be heard. Whenever it shall appear after one year 170 The Public Health Law from date of revocation of such license that such licensee has fully recovered and is no longer an addict to any of the drugs herein prohibited, such board may grant a rehearing and in its discretion reissue the license of such licensee. (Added by L. 1914, ch. 363, in effect April 14, 1914.) § 249-c. Revocation of license after conviction. When- ever any physician, dentist, veterinarian, pharmacist or registered nurse is convicted in a court having juris- diction of any of the violations of this article, any offi- cer or board having power to issue licenses to any such physician, dentist, veterinarian, pharmacist, or regis- tered nurse may, after giving such licensee reasonable notice and opportunity to be heard, revoke the same. (Added by L. 1914, ch. 363, in effect April 14, 1914.) § 249-d. Penalties. Any violation of any of the pro- visions of this article shall be deemed a misdemeanor, except that the sale, the offering for sale or the giving away or dispensing of the drugs mentioned in section two hundred and forty-five of this act, otherwise than as permitted by this act, to any child under the age of sixteen years shall be deemed a felony. Nothing contained in this article shall be construed to amend or repeal section seventeen hundred and forty-six of the penal law. (Added by L. 1914, ch. 363, am'd by L. 1915, ch. 327, in effect April 17, 1915.) Regulation in regard to Official Order Blanks for the Purchase of Habit-forming Drugs, issued by the State Commissioner of Health. Pursuant to the provisions of section 247 of the public health law, as amended by chapter 327 of the laws of 1915, I, Hermann M. Biggs, state commissioner of health, hereby approve the order blanks provided for by the act of congress approved December 17, 1914, in the form set forth in article 8 of internal revenue regulations No. 35, issued by the commissioner of Registration op Nurses 171 internal revenue approved by the secretary of the treasury, dated January 15, 1915; and I hereby rule that the use of the order blanks issued under said act of congress and said internal revenue regulations in the manner and for the purposes set forth in section 247 of the public health law, as amended by chapter 327 of the laws of 1915, shall be a sufficient compliance with the provisions thereof. Dated Albany, N. Y., April 23, 1915. HERMANN M. BIG'GS, Commissioner of Health. ARTICLE XII Registration of Nurses. Section 250. Who may practice as registered nurses. 251. Board of examiners; examination; fees. 252. Waiver of examination. 253. Violations of this article. § 250. Who may practice as registered nurses. Any resident of the state of New York, being over the age of twenty-one years and of good moral character, hold- ing a diploma from a training school for nurses con- nected with a hospital or sanitarium giving a course of at least two years, and registered by the regents of the university of the state of New York as maintaining in this and other respects proper standards, all of which shall be determined by the said regents, and who shall have received from the said regents a certificate of his or her qualifications to practice as a registered nurse, shall be styled and known as a registered nurse, and no other person shall assume such title, or use the abbre- viation R. N. or any other words, letters or figures to indicate that the person using the sams is such a regis- tered nurse. Before beginning to practice nursing every such registered nurse shall cause such certificate to be recorded in the county clerk's office of the county 172 The Public Health Law of his or her residence with an affidavit of his or her identity as the person to whom the same was so issued and of his or her place of residence within such county. In every thirty-sixth month from the month of January, nineteen hundred and six, every registered nurse shall again cause his or her certificate to be recorded in the said county clerk's office, with an affidavit of his or her identity as the person to whom the same was issued, and of his or her place of residence at the time of such re-registration. Nothing contained in this article shall be considered as conferring any authority to practice medicine or to undertake the treatment or cure of dis- ease in violation of article eight of this chapter. § 251. Board of examiners; examination; fees. The board of examiners of nurses appointed pursuant to laws of nineteen hundred and three, chapter two hun- dred and ninety-three, is continued. The New York state nurses' association at each annual meeting shall nominate for examiners two of their members who have had not less than five years' experience in their profes- sion. Upon the expiration of the term of office of any examiner now in office the regents of the university of the state of New York shall from the candidates so nominated fill the vacancy for a term of five years and until his or her successor is chosen. An unexpired term of an examiner caused by death, resignation or other- wise, shall be filled by the regents in the same manner as an original appointment is made. The said regents, with the advice of the board of examiners above pro- vided for, shall make rules for the examination of nurses applying for certification under this article, and shall charge for examination and for certification a fee of five dollars to meet the actual expenses, and shall report annually their receipts and expenditures under the provisions of this article, to the state comptroller, and pay the balance of receipts over expenditures to the state treasurer. The said regents may revoke any such certificate for sufficient cause after written notice to the Chikopody 173 holder thereof and hearing thereon. No person shall thereafter practice as a registered nurse under any such revoked certificate. § 252. Waiver of examination. The regents of the university of the state of New York may upon the recommendation of said board of examiners, or upon evidence satisfactory to said regents, waive the exam- ination of any persons possessing the qualifications men- tioned in section two hundred and fifty, who shall have been graduated before, or who were in training on the twenty-fourth day of April, nineteen hundred and -three, and shall thereafter be graduated, and of such persons now engaged in the practice of nursing and who have had six years' experience in the .practice of nursing in a general hospital prior to nineteen hundred and three, who make application in writing for such certificate prior to July first, nineteen hundred and thirteen. § 253. Violations of this article. Any violation of this article shall be a misdemeanor. When any prosecution under this article is made on the complaint of the New York state nurses' association, the certificate of incor- poration of which was filed and recorded in the office of the secretary of state on the second day of April, nineteen hundred and two, the fines collected shall be paid to said association and any excess in the amount of fines so paid over the expenses incurred by said as- sociation in enforcing the provisions of this article shall be paid at the end of each year to the treasurer of the state of New York. ARTICLE XIII Chiropody Section 270. Pedic society of the state of New York. 271. Eligibility to membership without exam- ination. 272. Board of examiners. 174 The Public Health Law Section 273. Fee for certificate of qualification. 274. Real and personal property. 275. Rules and regulations. 276. Privileges and immunities. 277. Falsely and knowingly claiming to have a certificate, or to be a member of such society, a misdemeanor. 278. Practicing without registering prohibited. 279. Person not entitled to register unless hold- ing a certificate. 280. Duty of county clerk. 281. Penalty for violations or neglect to comply with this article. 282. Construction of this article. § 270. Pedic society of the state of New York. The pedic society of the state of New York is continued and the officers thereof shall hold office until the expiration of their respective terms. § 271. Eligibility to practice without examination. All chiropodists practicing as such within the state of New York, on or before the third day of June, eighteen hundred and ninety-five, may, upon application to the regents of the university of the state of New York, and upon offering evidence satisfactory to said regents, re- ceive from them a certificate which shall entitle the person to whom it is issued to practice chiropody within this state, provided that said certificate be filed with the county clerk of the county in which such person desires to practice chiropody, and provided further that application for such certificate be made to the regents of the university of the state of New York on or before January first, nineteen hundred and fourteen. § 272. Examinations. On and aft^r September first, nineteen hundred and twelve, no person not heretofore legally authorized to practice chiropody in the state of New York shall be permitted to engage in such practice Chiropody 175 unless he shall have been duly licensed so to do by the regents of the university of the state of New York, on the recommendation of the state board of medical ex- aminers. The regents shall admit to examinations any candi- date who pays a fee of twenty-five dollars and submits evidence verified by oath and satisfactory to the regents that he is (a) More than twenty-one years of age; (b) Is of good moral character; (c) Has a preliminary education satisfactory to the requirements of the board of regents; (d) Has graduated from a school of chiropody main- taining a standard satisfactory to the regents. Applicants from other states and countries, present- ing credentials accepted as satisfactory by the regents and showing that they have been legally practicing chiropody for five years, may be admitted to a licensing examination in chiropody. A school of chiropody shall not matriculate a student whose academic education is not equivalent to the stand- ard required by the board of regents. The state board of medical examiners, or a committee thereof, shall submit to the regents as required, lists of suitable questions for examination in anatomy and phy- siology of the feet, therapeutics, chemistry, minor sur- gery and bandaging. From these lists, the regents shall prepare question papers for all these subjects, which at any examination shall be the same for all candidates. Examinations for licenses in chiropody shall be given at the medical examinations whenever and wherever held in this state, in accordance with the regents' rules, and shall be exclusively in writing and in English. Such examinations shall be conducted by a regents' official, who shall not be one of the state medical exam- iners. At the close of each examination, the regents' official in charge shall deliver the questions and answer 176 The Public Health Law papers to the state board of medical examiners, or to its duly authorized committee, who, without unnecessary delay, shall examine and mark the answers and trans- mit to the regents an official report signed by the secretary of the state board of medical examiners, stat- ing the standing of each candidate in each branch and his general average, such report shall include the ques- tions and answers and shall be filed in the public rec- ords of the university. If a candidate fails on first examination, he may, after not less than six months' further study, have a second examination without fee. If the failure be from illness or other cause satisfac- tory to the regents, they may waive the required six months' study. On receiving from the state board of medical exam- iners an official report that an applicant has success- fully passed the examination and is recommended for license, the regents shall issue a license to practice chiropody in keeping with the definition of chiropody, as given in this article. Every license shall be issued by the- university under seal and shall be signed by each acting examiner in chiropody, by the secretary of the state board of medical examiners and by the officer of the university who approved the credentials which admitted the candidate to examination and shall state that the licensee has given satisfactory evidence of fitness as to age, character, preliminary and pro- fessional education and of any other matters required by law, and that after full examination he has been found properly qualified to practice chiropody. If any person whose registration is not legal, because of some error, misunderstanding or unintentional omission, shall submit satisfactory proof that he had all requirements prescribed by law, at the time of his imperfect regis- tration or irregular practice and was entitled to be legally registered, he may, on unanimous recommenda- tion of the state board of medical examiners, receive Chiropody 177 from the regents, under seal, a certificate of the facts which may be registered by any county clerk and shall make valid the previous imperfect registration or ir- regular practice. Before any license is issued, it shall be numbered and recorded in a book kept in the regents' office and its number shall be noted in the license and a photograph of the licensee filed with the records This record shall be open to public inspection and in all legal proceedings shall have the same weight as evi- dence as is given to a record of conveyance of land. § 273. Expenses. The fees derived from the operation of this article shall be paid into the state treasury, and the legislature shall annually appropriate therefrom for the education department an amount sufficient to pay all proper expenses incurred pursuant to this article. § 274. Real and personal property. The said "The pedic society of the state of New York " may purchase and hold such real and personal estate as the pur- poses of its corporation may require, but such prop- erty shall not exceed in value the sum of one hundred and fifty thousand dollars. § 275. Rules and regulations. The said " The pedic society of the state of New York " may make all needful by-laws, rules and regulations not inconsistent with any existing law, for the management of its affairs and property. The said " The pedic society of the state of New York " shall adopt and from time to time re- vise, add to, alter, amend or annul rules and formulas for the proper use of antiseptics in the practice of chiropody for the purpose of preventing diseases of the feet. And any chiropodist who performs any act of chiropody after receiving a copy of such rules and formulas without complying therewith and thereby causes septicemia or pyemia or other diseases shall on proof thereof be liable to the person so injured in dam- ages to be sued for and ascertained, in an action at law 178 The Public Health Law before any court of record of this state and proof of non-compliance with such rules and formulas or any of them after notice shall in any such action, be pre- sumptive evidence of malpractice. § 276. Privileges and immunities. The said " The pedic society of the state of New York " shall be enti- tled to all the privileges and immunities granted to medical, dental and veterinary societies of this state. § 277. Falsely and knowingly claiming to be a mem- ber of such society, a misdemeanor. Any person who shall knowingly and falsely and with intent to deceive the public, claim or pretend to be a member of said pedic society, not being such member, shall be deemed guilty of a misdemeanor and punished accordingly. § 278. Practicing without registering prohibited. Every license to practice chiropody before the licensee begins practicing thereunder shall be registered in a book kept in the clerk's office of the county where such practice is to be carried on, with the name, the residence, the place and date of birth, and the source, the number and date of his license to practice. Before registering, each licensee shall file, to be kept in a bound volume in a county clerk's office, an affidavit of the above facts, and also that he is the person named in such license and had before receiving the same complied with all requirements as to attendance and amount of study and examinations required by law and the rules of the uni- versity as preliminary to the conferment thereof; that no money was paid for such license except the regular fees paid by all applicants therefor; that no fraud, mis- representation or mistake in any material regard was employed by any one or occurred in order that such should be conferred. Every license, or if lost, a copy thereof, legally certified so as to be admissible as evi- dence, or a duly attested transcript of the record of its conferment shall, before registering, be exhibited to the county clerk, who, only in case it was issued or in- Chiropody 179 dorsed as a license under seal by the regents shall in- dorse or stamp on it the date and his name, preceded by the words " registered as authority to practice chiropody in the clerk's office of county." The clerk shall thereupon give to every chiropodist so registered, a transcript of the entries in the register with a certificate, under seal, that he has filed the pre- scribed affidavit. The regents may, in their discretion and for cause deemed by them to be satisfactory, in- dorse as a license a certificate issued by the Pedic So- ciety of the State of New York, prior to September first, nineteen hundred and twelve, notwithstanding the. fail- ure of the holder thereof to cause the same to be regis- tered prior to such date as required by the law then in force, provided application for such indorsement be made within three months after the taking effect of this act. (AmM by L. 1912, ch. 199 and L. 1914, ch. 317, in effect April 14, 1914.) § 279. Persons not entitled to register unless holding a license. No person shall be entitled to register as a chiropodist unless he or she shall hold the license pro- vided for in section two hundred and seventy-two of this article, or a certificate issued by the Pedic Society of the State of New York, and indorsed by the regents as provided in the preceding section. Every unrevoked cer- tificate and indorsement of registry made as provided in this article, shall be presumptive evidence in all courts and places that the person named therein is legally regis- tered. After September first, nineteen hundred and twelve, no person shall register any authority to practice chiropody unless it has been issued or indorsed as a license by the regents. No such registration shall be valid unless the authority registered constituted at the time of the registration a license under the laws of the state then in force. (Am'd by L. 1912, ch. 199 and L. 1914, ch. 317, in effect April 14, 1914.) § 280. Duty of county clerk. The county clerk of 180 The Public Health Law each county shall provide a book to be known as the register of chiropodists, in which shall be recorded the matters in section two hundred and seventy-eight of this article set forth, and shall thereupon give to every registrant a transcript of the entries in the register with a certificate under seal that he has filed the pre- scribed affidavits. Every applicant who shall have complied with the foregoing provisions and shall be admitted to registration shall pay to the clerk of said county the sum of one dollar, which shall be received as full compensation for such registration, affi- davit and certificate. A practicing chiropodist having registered a lawful authority to practice chiropody in one county and removing such practice or a part thereof to another county or regularly engaged in practicing or opening an office in another county, or shall have his office, practice or any part thereof removed from one county to another by an act of legislature creating a new county from a then existing county, thereby caus- ing his office or practice to be situated in a new county, shall show or send by registered mail to the clerk of such other or new county his certificate of registration. If such certificate clearly shows that the original regis- tration was under the provisions of any law now or heretofore in effect or of an authority issued under seal by the regents, or if the certificate itself is indorsed by the regents as entitled to registration, the clerk shall thereupon register the applicant in the latter or new county on receipt of a fee of twenty-five cents, and shall stamp or indorse on such certificate the date and his name preceded by the words " registered also in county," and return the certificate to the applicant. (Am'd by L. 1912, ch. 199 and L. 1915, ch. 55, in effect March 11, 1915.) § 281. Penalty for violations or neglect to comply with this article. Any person who shall present to any county clerk for the purpose of registration, any license Chiropody 181 which has been fraudulently obtained, or shall obtain any license under this article by any false or fraudulent statement or representation, or shall practice chiropody or any branch thereof within this state without con- forming to the requirements of this article, or shall otherwise violate or neglect to comply with any of the provisions of this article, shall be guilty of a misde- meanor, and shall on conviction, for each and every offense be punished by a fine of not less than fifty dol- lars nor more than one hundred dollars, or by impris- onment for a term not less than thirty days and not more than one year, or by both fine and imprisonment. Any person who shall practice chiropody under a false or assumed name or shall falsely personate another practitioner or former practitioner of a like or differ- ent name, shall likewise be guilty of a misdemeanor and punished accordingly. The regents may revoke the license of a chiropodist or annul his registration or do both in any of the following cases : (a) Conviction of a felony; (b) Fraud or deceit in practice; (c) If the practitioner be a habitual drunkard or be habitually addicted to tl;e use of morphine, opium, cocaine, or other drugs having a similar effect; (d) If the practitioner undertakes or engages in any prac- tice beyond the privileges and rights accorded to him in his license; (e) If his license has been obtained through any false or fraudulent representations or ac- tions upon his part. Proceedings for the revocation of a license or the annulment of a registration shall be begun by filing the written charge or charges against the accused. These charges may be preferred by any person or cor- poration, or the regents may on their own motion direct the executive officer of the board of regents to prefer said charges. Said charges shall be filed with the ex- ecutive officer of the board of regents and a copy thereof shall be filed with the secretary of the board of medical 1S2 The Public Health Law examiners, which latter body shall designate a com- mittee, of their number, to hear and determine said charges. The time and place for the hearing of said charges shall be fixed by said committee as soon as convenient, and a copy of the charges, together with a notice of the time and place when they will be heard and determined, shall be served upon the accused or his counsel at least ten days before the date actually fixed for such hearing. Service shall be in person or by publication and shall indicate a definite time and place for a hearing. At said hearing the accused shall have the right to cross-examine the witnesses against him and to produce witnesses in his defense and to appear personally or by counsel. The said committee shall make a written report of its findings and recommenda- tions to be signed by all its members and the same shall be forthwith transmitted to the executive officer of the board of regents. If the said committee shall unan- imously find that said charges or any of them are sus- tained and shall unanimously recommend that the li- cense of the accused be revoked or his registration be annulled, the regents may thereupon, in their discre- tion, revoke said license or annul said registration, or do both. If the regents annul such registration, they shall forthwith transmit to the clerk of the county or counties in which said accused is registered as a chiropodist, a certificate under their seal certifying that such registration has been annulled, and said clerk shall, upon receipt of such certificate, file the same and forth- with mark said registration "Annulled." Any person who shall practice chiropody, after his registration has been marked "Annulled," shall be deemed to have practiced chiropody without registration, and in viola- tion of this article. But nothing in this article shall be construed to prohibit any duly and legally licensed or authorized physician or surgeon from practicing chiropody or any branch thereof. When any prosecu- tion under this article is made on the complaint of Embalming and Undertaking 183 " The pedic society of the state of New York," the fines when collected shall be paid to the said " The pedic society of the state of New York," and any excess of the amount of such fines over the expenses incurred by the said society in enforcing the law of this state relating to the practice of chiropody, shall be paid at the end of the year by the said society to the treas- urer of the state of New York for the common school fund. (Am'd by L. 1912, ch. 199, in effect Sept. 1, 1912.) § 282. Construction of this article. For the purpose of this article " chiropody " is understood to be the sur- gical treatment of abnormal nails, all superficial ex- crescenses occurring on the hands and feet, such as corns, warts or callosities, and the treatment of bunions; but it shall not confer the right to operate upon the hands or feet for congenital or acquired deformities. or for conditions requiring the use of anaesthetics other than local, or incisions involving structures below the level of the true skin. ARTICLE XIV Embalming and undertaking Section 290. Board of embalming examiners. 291. Corporate name; powers and duties of board. 292. Examination questions and appointments for examinations. 293. Application for license and examination. 294. Duty of state board of health concerning reports of examination. 295. License to practice as undertaker. 296. Reciprocal licenses; license not assignable. 297. Application of income derived from licenses. 298. Prohibiting practice of embalming without a license. 299. Violations of article. 184 The Public Health Law § 290. Board of embalming examiners; compensation. The board of embalming examiners of the state of New York is continued. The members of said board now in office shall continue in office until the expiration of their respective terms. The board shall consist of five members appointed by the governor, each of whom shall serve for a- term of three years. Any vacancies occurring in said board shall be filled by the governor, for the unexpired term. The governor may remove from office any member of said board of examiners for continued neglect of any of the duties imposed upon him by this article, or for incompetency or improper conduct. No person shall be eligible to appointment as a member of said board unless he shall have had an experience of at least five years as a practical embalmer, duly licensed as such. Each member of said board shall receive an annual salary of two hundred dollars and in addition thereto all necessary expenses incurred in the performance of his duties. The secretary shall re- ceive an annual salary of one thousand dollars in addi- tion to his salary as a member. The salaries provided for in this section, however, shall be payable only from the moneys collected and received by said board as provided in this article. ( Am'd by L. 1911, ch. S41, and L. 1913, ch. 71, in effect March 22, 1913.) § 291. Corporate name; powers and duties of board. Said board shall be known by the name " Board of embalming examiners of the state of New York." Every person appointed to serve on said board shall receive a certificate of his appointment from the governor of the state of New York, and within fifteen days after receiving such certificate, shall take, subscribe and file, in the office of the secretary of state, the oath prescribed by the thirteenth article of the constitution of the state of New York. The. board may adopt a common seal and shall elect from its membership a president and secretary. Said board shall ascertain what constitute Embalming and Undertaking 185 the best tests for determining whether life is extinct, and shall prescribe the using of such tests, before em- balming, as they may deem necessary; and all persons thereafter embalming the dead shall apply such tests prescribed before injecting any iluid into any body. Said board by its presiding officer may issue subpoenas and administer oaths to witnesses, and a quorum of said board, which shall consist of not less than three mem- bers, and any committees thereof, is hereby authorized to take testimony concerning matters within its juris- diction. Said board shall, from time to time, make and adopt rules, regulations and by-laws not inconsistent with law, whereby the performance of the duties of said board and the transaction of the business and the prac- tice of embalming and undertaking shall be regulated and performed, subject to the approval of the state de- partment of health. A certified copy of any of said rules and regulations, attested as true and correct by the sec- retary of said board of embalmers, shall be presumptive evidence of the regular making, adoption and approval thereof. The said board may investigate all alleged vio- lations of the statutes relating to embalming and under- taking, and of all rules and regulations adopted as provided in this section. It may revoke any license upon proof that the same was procured by fraud or that the holder thereof has been guilty of a violation of any of such statutes or rules and regulations. (Am'd by L. 1913, ch. 71, in effect March 11, 1913.) § 292. Examination questions and appointments for examinations. For the purpose of providing for and securing uniform examination throughout the state, and requiring a proper standard of qualification for all can- didates, the said board of embalming examiners shall, from time to time, submit to the state department of health, lists of examination questions for the thorough examination of applicants for license as embalmers, in accordance with the rules and regulations made, adopted 186 The Public Health Law and approved as hereinbefore prescribed. Said exam- ination questions shall pertain to embalming, sanita- tion and disinfection. For the purpose of examining applicants for license as embalmers the said state de- partment of health shall appoint the times and places for holding examinations, which examinations shall be held at least once in each three months. Such appoint- ment shall be made with due regard to the convenience of applicants and the public service. Said state depart- ment of health shall also prescribe the mode and manner of such examinations and appoint the examiner to con- duct the same, and such examinations shall be had and taken upon questions selected by said state department of health from the lists hereinbefore required to be submitted by said board of embalming examiners, and upon such other questions as they shall deem proper. § 293. Application for license and examination. Every person desiring to engage in the business or practice of embalming, within the state of New York, shall make a written application to the said board of embalming ex- aminers for an examination for an embalmer's license, accompanying the same with the application fee of five dollars, and with a certificate of some reputable person, that said applicant is more than twenty-one years of age, is of good moral character, and has obtained a common school education, whereupon the secretary of said board of embalming examiners shall issue to said applicant a permit to enter any examination held pursuant to the provisions of this article. At the close of every such ex- amination, the questions submitted and the answers made thereto by the applicant, shall be forthwith de- livered, by the examiner conducting such examination, to the board of embalming examiners, who shall, with- out unnecessary delay, transmit to the state board of health an official report thereon, signed by its president and secretary, stating in detail the result of the exam- ination of each candidate. Such report shall embrace Embalming and Undeetaking 187 all the examination papers, questions and answers thereto, and shall be kept for reference and inspection among the public records of the state board of health. (Am'd by L. 1913, ch. 71, in effect March 11, 1913.) § 294. Duty of state board of health concerning re- ports of examination. On receiving such official reports of the examination of applicants for license, the state board of health shall examine and verify the same, and thereupon recommend for license by the board of em- balming examiners, those applicants who shall, in their judgment, be duly qualified to practice embalming of human dead bodies in the state of New York, upon said applicant paying to the secretary of the board of embalming examiners an examining and licensing fee of ten dollars. Said license, when issued shall be re-- corded by the board of embalming examiners, and such record shall be open to public inspection. (Am'd by L. 1913, ch. 71, in effect March 11, 1913.) § 295. License to practice as undertaker. Any person who, at the time this section as hereby amended takes effect, shall be actually engaged in the business of un- dertaking and who desires to continue in such business shall, on or before December thirty-first, nineteen hun- dred thirteen, file with the board of embalming exam- iners a verified written application for authority to do business as an undertaker, stating therein the fact of his having been so engaged in business and accompany- ing the same with the payment of a fee of five dollars, and said board shall thereupon issue to said applicant a license to do business as an undertaker. Every undertaker, who shall take into his employ an appren- tice shall report to the board of embalming examiners within three months thereafter that fact together with such further information as the board may by regu- lation require for registration. The board shall issue to such apprentice, when his character and qualifications are satisfactory, a certificate of registration as a 1S8 The Public Health Law " registered apprentice." The fee for such registration shall be one dollar. An application for a license to do business as an undertaker shall contain the name, resi- dence and place of business of the applicant, and a statement of the times and places where he has been employed as an apprentice to an undertaker, accom- panied with such proof, by affidavit or otherwise, as the board may require showing that the applicant had served as an apprentice to an undertaker for at least two years in the aggregate; but the application above provided for shall not be required of a person actually engaged in the business of undertaking at the time this amendment takes effect. Satisfactory proof of prac- tical experience with an undertaker for said period, or any portion thereof prior to the passage of this act, may be accepted by said board in lieu of the certifi- cate herein provided. After June first, nineteen hun- dred and fifteen no candidate shall be eligible, to enter such examinations, unless his certificate of registration shall have been filed as herein provided. An applica- tion fee of five dollars shall accompany the applica- tion. The secretary of the board shall issue to the applicant a permit to enter any examination for the license provided for in this section. Upon the appli- cant's passing a satisfactory examination in sanitation, disinfection, preparation and care of human dead bodies for burial or transportation, the board shall issue to said applicant, on payment of a further fee of five dol- lars, a license to engage in the business of undertaking. If a firm or corporation shall desire to engage in the business or practice of undertaking at least one member of such firm and the manager of each place of business conducted by a corporation shall be a licensed under- taker; and no member of a firm whose duties engage him in the care, proparation, disposal and burial of doad human bodies shall discharge the duties of his employment unless he shall be licensed in accordance Embalming and Undertaking 189 with the provisions of this article. Nor shall an under- taker firm or corporation permit an assistant who is not a duly licensed undertaker or embalmer or registered apprentice to assume the care or preparation for burial or transportation of the body of any person who has died of a communicable disease. No person shall practice or hold himself out as an undertaker unless he has com- plied with the provisions of this section or with chapter four hundred and ninety-eight of the laws of nineteen hundred and four, as amended by chapter five hundred and seventy-two of the laws of nineteen hundred and five, or by chapter eight hundred and forty-one of the laws of nineteen hundred and eleven. (Am'd by L. 1911, ch. 841 and L. 1913, eh. 71, in effect March 11, 1913.) § 296. Reciprocal licenses; license not assignable. Any bolder of a license issued by state authority in any other state maintaining a system and standard of examination for licenses to engage in the business of undertaking, or of the practice of embalming which in the judgment of the board shall be substantially equivalent to those required in this state for the issue of licenses therefor, may obtain a license from the board under the provisions of this article without examination, in the discretion of the board, upon payment of the application and license fees provided for herein. A copy of any license issued by said board or of any rules, regulations, applications or other records or files of said board duly certified as correct by the secretary of the board of embalming ex- aminers shall be entitled to be admitted in evidence in any of the courts of this state, and shall be presumptive evidence as to the facts therein contained. Every person licensed pursuant to the provisions of this article shall register that fact in the office of the board of health of the city, town or place in which it is proposed to carry on said business, and shall display such license in a conspicuous place in the office or place of business of such licensee. No license granted or issued by said 190 The Public Health Law . board shall be assignable, and every such license shall specify by name the person to whom it shall be issued, and not more than one person shall practice embalming under one license. This section shall not apply to any personal representative of any deceased undertaker to whom a license shall have been issued under this article, who engages in the business of undertaking and embalm- ing with a person duly authorized to practice the same under the provisions of this article. (Anvd by L. 1913, ch. 71, in effect March 11, 1913.) § 297. Application of income derived from licenses. From the income derived under this article, the board of embalming examiners may pay, not to exceed said income, all proper expenses incurred by reason of its provisions, including those incurred by the said state board of health. § 298. Prohibiting practice of embalming without a license. Ko person to whom a license has not been issued as prescribed by laws of eighteen hundred and ninety-eight, chapter five hundred and fifty-five, as amended, or who has not passed the examination for practicing embalming herein prescribed and been licensed as herein specified, shall transact or practice or hold himself or herself out as transacting or practicing the business or practice of embalming of dead human bodies within this state, except that nothing in this article con- tained shall apply to commissioned medical officers in the army of the United States, or in the United States marine hospital service while so commissioned, or any one actually serving as a member of the resident medical staff of any legally incorporated hospital, or to any person duly licensed to practice as a physician or sur- geon in this state. (Am'd by L. 1911, ch. 841, in effect July 28, 1911.) § 299. Violations of article. Any person violating any of the provisions of this article shall be guilty of a misdemeanor. Optometby 191 ARTICLE XV Optometry Section 300. Definition; application of article. 301. State board of examiners. 302. Powers of board. 303. Examinations; certificates for practitioners. 304. Certificate to be recorded and displayed. 305. Fees. 306. Revocation of certificate. 307. Violations of article. 308. Construction of article. § 300. Definition; application of article. The practice of optometry is defined to be the employment of any means, other than the use of drugs, for the measurement of the powers of vision and the adaptation of lenses for the aid thereof. § 301. State board of examiners. The board of ex- aminers in optometry is continued. The members of said board now in office shall continue in office until the ex- piration of their respective terms. Such board of ex- aminers shall consist of five persons, appointed by the state board of regents, and shall possess sufficient knowl- edge of theoretical and practical optics to practice op- tometry and shall have been residents of this state actually engaged in the practice of optometry for at least five years. The term of each member of said board shall be three years, or until his successor is appointed, and vacancies shall be filled for the unexpired term only. § 302. Powers of board. Said board of examiners sball, subject to the approval of the regents, make such rules and regulations, not inconsistent with the law, as may be necessary for the proper performance of its duties; any member of the board may upon being duly 192 . The Public Health Law designated by the board, or a majority thereof, adminis- ter oaths or take testimony concerning any matter within the jurisdiction of the board. § 303. Examinations; certificates of practitioners. Every person desiring to commence or to continue the practice of optometry after January first, nineteen hun- dred and nine, except as hereinafter provided, upon presentation of satisfactory evidence, verified by oath, that he is more than twenty-one years of age, of good moral character, has a preliminary education equivalent to at least two years in a registered high school, and has also studied at least three years in a registered optometrist's office, or has graduated from a school of optometry, maintaining a standard satisfactory to said board of regents, shall take an examination before said board of examiners to determine his qualifications there- for. Every candidate successfully passing such exami- nation shall be registered by said board of regents as possessing the qualifications required by this article, ind shall receive from said board of regents a certificate thereof, but any person who shall submit to said board )f examiners satisfactory proof as to his character, competency, and qualifications, and that he has been continuously engaged in the practice of optometry in this state for more than two years next prior to the time that chapter four hundred and sixty of the laws of nineteen hundred and eight took effect, may upon the recommendation of said board of examiners receive from the board of regents a certificate of exemption from such examination, which certificate shall be registered and entitle him to practice optometry under this article. Every person who was, on the twenty-first day of Maj , nineteen hundred and eight, when section two hundred and nine-d of the public health law, as then known, took effect, entitled to a certificate of exemption as therein provided, but who failed or neglected to make applica- Optometry 193 tion therefor and present evidence to entitle him thereto, on or before January first, nineteen hundred and nine, as provided by said section, must make such application and present such evidence on or before July first, nine- teen hundred and nine, or he shall be deemed to have waived his right to such certificate. Before any certifi- cate is issued it shall be numbered and recorded in a book kept in the regents' office and its number shall be noted upon the certificate. A photograph of the person registered shall be filed with the record and a duplicate thereof affixed to the certificate. In all legal proceedings the record and photograph so kept in the regents' office or certified copies thereof shall be prima facie evidence of the facts therein stated. § 304. Certificate to be recorded and displayed. Every person to whom a certificate of either registration or exemption shall be issued shall immediately cause the same to be recorded in the clerk's office in the county of his residence, and also in the clerk's office of each other county wherein he shall then practice or thereafter com- mence the practice of optometry ; every person practicing optometry must also display his certificate of registra- tion or exemption in a conspicuous place in the principal office wherein he practices optometry and, whenever re- quired, exhibit such certificate to said board of exam- iners or its authorized representatives. And whenever practicing said profession of optometry outside of, or away from, said office or place of business, he shall de- liver to each customer or person so fitted with glasses, a bill of purchase, which shall contain his signature, home post-office address, and the number of his certificate of registration or exemption, together with a specifica- tion of the lenses furnished and the price charged there- for. § 305. Fees. The fee for such examination shall be fifteen dollars; for a certificate of registration, ten dol- 7 ' ^ 194 The Public Health Law lars, and for a certificate of exemption, five dollars, to be paid to the board of regents and constitute a fund for expenses made necessary by this article. Such fees shall be paid into the state treasury and the legislature shall annually appropriate therefrom for the education department an amount sufficient to pay all proper ex- penses incurred pursuant to this article. The fee to be paid to the county clerk for recording a certificate shall be fifty cents. § 306. Revocation of certificate. The board of regents shall have power to revoke any certificate of registration or exemption granted by it under this article, the holder of which is guilty of any fraud or deceit in his practice, has been convicted of crime, or is an habitual drunkard, or grossly incompetent to practice optometry. Proceed- ings for revocation of a certificate or the annulment of registration shall be begun by filing a written charge or charges against the accused. These charges may be pre- ferred by any person or corporation, or the regents may on their own motion direct the executive officer of the board of regents to prefer said charges. Said charges shall be filed with the executive officer of the board of regents, and a copy thereof filed with the secretary of the board of optometry examiners. The board of op- tometry examiners, when charges are preferred, shall designate three of their number as a committee to hear and determine said charges. A time and place for the hearing of said charges shall be fixed by said committee as soon as convenient, and a copy of the charges, to- gether with a notice of the time and place when they will be heard and determined, shall be served upon the accused or his counsel, at least ten days before the date actually fixed for said hearing. Where personal service or service upon counsel cannot be effected, and such fact is certified on oath by any person duly authorized to make legal service, the regents shall cause to be pub- lished for at least seven times for at least twenty days Optometry 195 prior to the hearing, in two daily papers in the county in which the optometrist was last known to practice, a notice to the effect that at a definite time and place a hearing will be had for the purpose of hearing charges against the optometrist upon an application to revoke his certificate. At said hearing the accused shall have the right to cross-examine the witnesses against him and to produce witnesses in his defense, and to appear personally or by counsel. The said committee shall make a written report of its findings and recommenda- tions, to be signed by all its members, and the same shall be forthwith transmitted to the executive office of the board of regents. If the said committee shall unanimously find that said charges, or any of them, are sustained, and shall unanimously recommend that the certificate of the accused be revoked or his registration be annulled, the regents may thereupon, in their discre- tion, revoke said certificate or annul said registration, or do both. If the regents shall annul such registration, they shall forthwith transmit to the clerk of the county or counties in which said accused is registered as an optometrist, a certificate under their seal certifying that such registration has been annulled, and said clerk shall, upon receipt of said certificate, file the same and forth- with mark said registration " annulled." Any person who shall practice optometry after his registration has been marked " annulled " shall be deemed to have prac- ticed optometry without registration. Where the cer- tificate of any person has been revoked, or his registra- tion has been annulled as herein provided, the regents may, after the expiration of one year, entertain an application for a new certificate, in like manner as original applications for certificates are entertained; and upon such new application they may in their discretion exempt the applicant from the necessity of undergoing any examination. 196 The Public Health Law § 307. Violations of article. No person not a holder of a certificate of registration or exemption duly issued to him and recorded as above provided shall after Janu- ary first, nineteen hundred and nine, practice optometry within this state. No person shall falsely personate a registered optometrist of a like or different name, nor buy, sell or fraudulently obtain a certificate of registra- tion or exemption issued to another. Practicing or offering to practice optometry, or the public representa- tion of being qualified to practice the same by any per- son not authorized to practice optometry, shall be suffi- cient evidence of a violation of this article. No person practicing or offering to practice optometry shall pub- licly represent himself to be a doctor, or shall assume the title of doctor or use such title or any abbreviation thereof in his practice, unless the right to use the same has been conferred upon him by some duly authorized college or university, prior to the taking effect of this act. Any violation of the provisions of this article shall be a misdemeanor and courts of special sessions shall have jurisdiction of all such violations. § 308. Construction of article. Nothing in this article shall be construed to apply to duly licensed physicians authorized to practice medicine under the laws of the state of New York nor to persons who neither practice nor profess to practice optometry, who sell spectacles, eyeglasses or lenses either on prescription from such physicians or from such duly qualified optometrists, or as merchandise from permanently located and established places of business. ARTICLE XVI Preservation of Life and Health Section 310. Vaccination of school children. 311. Appointment of physician. Preservation of Life and Health 197 Section 312. Regulating the sanitary condition of bath- ing establishments and the preservation of life at bathing places. 313. Examination and quarantine of children admitted to institutions for orphan, desti- tute or vagrant children or juvenile delin- quents. 314. Monthly examination of inmates and reports. 315. Beds; ventilation. 316. Cadavers. 317. Cadavers in certain counties. 318. Prescription of opium, morphine, cocaine and chloral. 319. Consents requisite to the establishment of hospitals or camps for the treatment of pulmonary tuberculosis. 320. Reports of tuberculosis by physicians and others. 321. Examination of sputum. 322. Protection of records. 4 323. Disinfection of premises. 324. Health officer to direct disinfection, cleans- ing or renovation. 325. Prohibiting occupancy until order of health officer is complied with. 326. Prohibiting carelessness of a person having tuberculosis. 326a. Control of dangerous and careless patients. 327. Protection of patient's family. 328. Providing that physicians shall make a complete statement of procedure and pre- cautions on a blank to be furnished by the health officer. 329. Penalty for failure of physician to perform duties or for making false reports. 330. Reporting recovery of patient. 331. General penalty. 198 The Public Health Law Section 332. Application of provisions. 333. Like privileges in hospitals to be granted to matriculated students of medical colleges. 334. Iron stairways on outside of hospital build- ings. § 310. Vaccination of school children. 1. A child or person not vaccinated shall not be admitted or received into a school in a city of the first or second class. The board, officers or other person having charge, manage- ment or control of such school shall cause this pro- vision of law to be enforced. The board of health or other board, commission or officers of such city having jurisdiction of the enforcement of the chapter therein shall provide, at the expense of the city for the vaccina- tion of all pupils of such school whose parents or guardian do not provide vaccination for them. 2. Whenever smallpox exists in any other city or school district, or in the vicinity thereof, and the state commissioner of health shall certify in writing to the school authorities in charge of any school or schools in such citjfc or district, it shall become the duty of such school authorities to exclude from such schools every child or person who does not furnish a certificate from a duly licensed physician to the effect that he has successfully vaccinated such child or person with vaccine virus in the usual manner or that such child or person shows evidence by scar of a successful pre- vious vaccination. Whenever school authorities having the charge, management and control of schools in a district or city cause this provision of law to be enforced, the local board of health shall provide for the vaccination of all children whose parents or guardian do not provide such vaccination. 3. The expense incurred, when such vaccination is performed under the direction of the local health authorities, shall be a charge upon the municipality in which the child or person vaccinated resided, and Peeservation of Life and Health 199 shall be audited and paid in the same manner as other expenses incurred by such municipality are audited and paid. The local boards of health or other health authorities may, in their discretion, provide for the pay- ment of additional compensation to health officers per- forming such viccination.* (Am'd by L. 1915, ch. 133, in effect March 30, 1915.) § 311. Vaccination how made; reports. 1. No per- son shall perform vaccination for the prevention of smallpox who is not a regularly licensed physician under the laws of the state. Vaccination shall be preformed* in such manner only as shall be prescribed by the state commissioner of health. 2. No physician shall use vaccine virus for the pre- vention of smallpox unless such vaccine virus is pro- duced under license issued by the secretary of the treasury of the United States and is accompanied by a certificate of approval by the state commissioner of health, and such vaccine virus shall then be used only within the period of time specified in such approval. 3. Every physician performing a vaccination shall within ten days make a report to the state commis- sioner of health upon a form furnished by such com- missioner setting forth the full name and age of the person vaccinated and, if such person is a minor the name and address of his parents, the date of vaccina- tion, the date of previous voccination* if possible, the name of the maker of the vaccine virus and the lot or batch number of such vaccine virus. (Am'd by L. 1915, ch. 133, in effect March 30, 1915.) § 312. Regulating the sanitary condition of bathing establishments and the preservation of life at bathing places. It shall be unlawful for any person to main- tain, either as owner or lessee, any bathing establish- ment of any kind, in this state, for the accommodation * So in original. 200 The Public Health Law of persons, for pay, or any consideration, at a point less than five hundred feet from any sewer connection emptying therein, or thereat, so as to pollute in any way, the waters used by those using or hiring bathing houses at such bathing establishments; it shall be the duty of such owner or lessee to provide separate toilet rooms, with water-closets properly provided with sani- tary plumbing, constructed in a manner approved by the local board of health and in such a way as not to contaminate the waters used by the bathers; it shall also be the duty of such owner or lessee to thoroughly wash and disinfect, or cause to be thoroughly washed and disinfected, in a manner approved by the local board of health, all bathing suits that have been hired or used, before re-hiring or permitting the use of the same again; it shall be the duty of every person main- taining, as owner or lessee, any bathing establishment of any kind along the seashore of this state for the accommodation of persons for pay, to provide, for the safety of such bathers, two lines of sound, serviceable and strong manilla or hemp rope, not less than one inch in diameter anchored at some point above high water, at the same distance apart as the lines of bathing houses, or space fronting on such beach occu- pied by him or them, is in width; and from two points at which such life lines are so anchored, such lines shall be made to extend as far into this surf as bathing is ordinarily safe and free from danger of drowning to persons not expert in swimming, and at such points of safety, such lines shall be anchored and buoyed. From the two points of such lines so extended, anchored and buoyed, a third rope shall be extended, of a similar size connecting the two extremities and buoyed at such points as to be principally above the surface of the water, thereby enclosing a space within such lines and the beach within which bathing is believed to be Preservation of Life and Health 201 safe; and in addition thereto there shall be sufficient ropes of a similar size as herein described, anchored from a point at high water mark and buoyed or anchored on a parallel line or within the outer cross rope, so as to have not more than a space of seventy- five feet from one rope to another; every such person or persons maintaining such bathing establishments shall cause to be painted and put up in some promi- nent place upon the beach near such bathing houses the following words: "Bathing beyond the lines dan- gerous." Such lines so placed, anchored and buoyed, and such notice so put up shall continue and so be maintained by every such person or persons, during the entire season of surf bathing. Every such person or persons maintaining any such bathing establishment shall also keep and provide in connection therewith, for the facilitating of the rescue of persons in danger of drowning, a surf boat, not less than sixteen feet long, on each side of which there shall be hanging ropes arranged so that persons in the water can easily catch hold of same, or be supported thereby, and such boats shall be equipped with two or more sets of oars and life-lines and life-belts, and at least one ring buoy or life preserver, with quarter-inch cotton line, not less than five hundred feet in length with suitable reel attached thereto, and in addition thereto, there shall be anchored on the shore a suitable reel with a half-inch cotton line not less than five hundred feet in length, with a life-belt attached thereto, kept in good order and in proper condition, so that it can readily be used by those assisting in saving life. At all such bathing establishments where there are equipments for two hundred bathers or more, said surf or life-boat shall be stationed in the water, opposite the lines, manned and in readiness for use, during bathing hours; there shall also be at every public bathing establishment a bathing master or life-guard, who shall be an expert 202 The Public Health Law swimmer, and who shall be in constant and watchful attendance during bathing hours. Any person or per- sons violating any of the provisions of this section shall forfeit and pay a penalty of not less than fifty dollars, nor more than two hundred dollars to be re- covered by the sheriff of the county in which such violation is committed, except in the city of New York, when the penalty shall be sued for in the name of the department of health of the city of New York and col- lected by it. It shall be the duty of the sheriffs and constables of the several counties of this state abutting upon the seashore, to see that in their respective counties the provisions of this section are enforced, and to bring suit for the recovery of the penalty therein provided, unless some other person had already brought suit for the same. A separate penalty may be recovered for each day that any person subject to the provisions of this section may violate any of the provisions of the same; but no penalty shall be recovered for any other violation thereof than shall have occurred during the days when the owner or lessee or other person or persons maintaining the said bathing establishments, shall have kept the same open for the use of the public, or for such persons as may be the guests of any hotel that such bathing establishments may be connected with. The owner of the bathing house shall not be subject to the provisions of this section when it is used, occupied or maintained by a lessee for hire, but such lessee shall be deemed the keeper or proprietor or person or persons maintaining such bathing establish- ment thereof. Nothing in this section shall be con- strued in any way to affect any bathing establishments in any city or municipality, at which there is main- tained at public expense a life saving guard. § 313. Examination and quarantine of children ad- mitted to institutions for orphan, destitute or vagrant children or juvenile delinquents. Every institution in Institutions for Children 203 this state, incorporated for the express purpose of re- ceiving or caring for orphan, vagrant or destitute chil- dren or juvenile delinquents, except hospitals, shall have attached thereto a regular physician of its selection duly licensed under the laws of the state and in good professional standing, whose name and address shall be kept posted conspicuously within such institution near its main entrance. The words " juvenile delinquents " here used shall include all children whose commitment to an institution is authorized by the penal law. The officer of every such institution upon receiving a child therein, by commitment or otherwise, shall, before ad- mitting it to contact with the other inmates, cause it to be examined by such physician, and a written cer- tificate to be given by him, stating whether the child has diphtheria, scarlet fever, measles, whooping cough or any other contagious or infectious disease, especially of the eyes and skin, which might be communicated to other inmates and specifying the physical and mental condition of the child, the presence of any indication of hereditary or other constitutional disease, and any deformity or abnormal condition found upon the ex- amination to exist. No child shall be so admitted until such certificate shall have been furnished, which shall be filed with the commitment or other papers on record in the case, by the officers of the institution, who shall, on receiving such child, place it in strict quarantine thereafter from the other inmates, until discharged from such quarantine by such physician who shall thereupon indorse upon the certificate the length of quarantine and the date of discharge therefrom. § 314. Monthly examination of inmates and reports. Such physician shall at least once a month thoroughly examine and inspect the entire institution, and report in writing, in such form as may be approved by the state board of health, to the board of managers or directors of the institution, and to the local board of 204 The Public Health Law the district or place where the institution is situated, its condition, especially as to its plumbing, sinks, water- closets, urinals, privies, dormitories, the physical con- dition of the children, the existence of any contagious or infectious disease, particularly of the eyes or skin, their food, clothing and cleanliness, and whether the officers of the institution have provided proper and suffi- cient nurses, orderlies, and other attendants of proper capacity to attend to such children, to secure to them due and proper care and attention as to their personal cleanliness and health, with such recommendations for the improvement thereof as he may deem proper. Such boards of health shall immediately investigate any com- plaint against the management of the institution or of the existence of anything therein dangerous to life or health, and, if proven to be well founded, shall cause the evil to be remedied without delay. § 315. Beds; ventilation. The beds in every dormi- tory in such institution shall be separated by a passage- way of not less than two feet in width, and so arranged that under each the air sball freely circulate and there shall be adequate ventilation of each bed, and such dormitory shall be furnished with such means of venti- lation as the local board of health shall prescribe. In every dormitory six hundred cubic feet of air space shall be provided and allowed for each bed or occupant, and no more beds or occupants shall be permitted than are thus provided for, unless free and adequate means of ventilation exist approved by the local board of health, and a special permit in writing therefor be granted by such board, specifying the number of beds or cubic air space which shall, under special circumstances, be al- lowed, which permit shall be kept conspicuously posted in such dormitory. The physician of the institution shall immediately notify in writing the local board of health and the board of managers or directors of the Cadavees 205 institution of any violation of any provision of this section. § 316. Cadavers. The persons having lawful control and management of any hospital, prison, asylum, morgue or other receptacle for corpses not interred, and every undertaker or other person having in his lawful possession any such corpse for keeping or burial may deliver and he is required to deliver, under the con- ditions specified in this section, every such corpse in their or his possession, charge, custody or control, not placed therein by relatives or friends in the usual manner for keeping or burial, to the medical colleges and universities of the state authorized by law to confer the degree of doctor of medicine and to all other colleges or schools incorporated under the laws of the state for the purpose of teaching medicine, anatomy or surgery to those on whom the degree of doctor of medicine has been conferred, and to any university of the state having a medical preparatory or medical post-graduate course of instruction. No corpse shall be so delivered or received if desired for interment by relatives or friends within forty-eight hours after death, or if known to have relatives or friends without the assent of such relatives or friends; or of a person who shall have expressed a desire in his last illness that his body be interred, but the same shall be buried in the usual manner. If the remains of any person so delivered or received shall be subsequently claimed by any relative or friend, they shall be given up to such relative or friend for interment. Any person claiming any corpse or remains for interment as provided in this section, may be required by the persons, college, school or university or officer or agent thereof, in whose possession, charge or custody the same may be, to present an affidavit stating that he is such relative or friend, and the facts and circumstances upon which 206 Tiie Public Health Law the claim that he is such relative or friend is based, the expense of which affidavit shall be paid by the per- sons requiring it. If such person shall refuse to make such affidavit, such corpse or remains shall not be delivered to him but he shall forfeit his claim and right to the same. Any such medical college, school or university desiring to avail itself of the provisions of this section shall notify such persons having the control end management of the institutions and places hereto- fore specified, and such undertakers and other persons having any such corpse in their possession, custody or control in the county where such college, school or university is situated, and in any other county in the state in which no medical college, school or university is situated, or in which no such medical college, school or university desires to avail itself of the provisions of this section, of such desire, and thereafter all such persons shall notify the proper officers of such college, school or university whenever there is any corpse in their possession, custody or control, which may be delivered to a medical college, school or university under this section, and shall deliver the same to such college, school or university. If two or more medical colleges, schools or universities are entitled to receive corpses under the provisions of this act and shall have given notice as aforesaid, they shall receive the same in proportion to the number of matriculated students in each college, school or university who are pursuing courses of anatomy and surgery at the time of making the apportionment. The professors ' and teachers in every college, school or university receiving any corpse under this section shall dispose of the remains thereof, after they have served the purposes of medical science and study, in accordance with the regulations of the local board of health where the college, school or uni- versity is situated. Every person neglecting to comply Cadavers 207 with or violating any provision of this section, shall forfeit to the local board of health where such non- compliance or violation occurred, the sum of twenty- five dollars for every such non-compliance or violation, to be sued for by the health officer of such place, and when recovered to be paid over, less the costs and expenses of the action, to such board for its use and benefit. (Am'd by L. 1913, ch. 335, in effect April 19, 1913.) § 317. Cadavers in certain counties. The governors, keepers, wardens, managers, or persons having lawful control and management of any hospital, prison, alms- house, asylum, morgue or other receptacle for corpses not interred, in the counties of Onondaga, Oswego, Madi- son and Cortland, and the warden of the Auburn state prison, in the county of Cayuga, and every undertaker cr other person in the counties of Onondaga, Oswego, Madison and Cortland, having in his lawful possession any such corpses for keeping or burial, may deliver, and they are hereby required to deliver, under the conditions specified in this section, every such corpse in their or his possession, charge, custody or control, not placed therein by relatives or friends in the usual manner for keeping or burial, to the medical colleges or schools in said counties of Onondaga, Oswego, Madison and Cort- land, authorized by law to confer either the degree of doctor of medicine, or the degree of doctor of dental surgery and to all other colleges or schools incorporated under the laws of the state in said counties for the purpose of teaching medicine, anatomy or surgery, and to any university in either of said counties having a medical preparatory course of instruction, and the pro- fessors and teachers in every such college, school or uni- versity may receive such corpses and use the same for the purposes of medical, anatomical or surgical science and study. No such corpse shall be so delivered if within forty-eight hours after death, it is desired for 208 The Public Health Law interment by relatives, or by friends, who will bear the expenses of its interment; nor shall a corpse be so de- livered or received of any person known to have rela- tives, whose places of residences are also known, without the assent of such relatives; and such relatives shall be deemed to have assented thereto, unless they shall claim such corpse for the interment within twenty-four hours after being notified of the death of such person. If the remains of any person so delivered or received shall be subsequently claimed for interment by any relative or by any friend who will bear the expense of such inter- ment, they shall be given up to such relative or friend for interment. Any person claiming any corpse or re- mains for interment, as provided in this section, may be required by the persons, college, school, university or officer or agent thereof, in whose possession, charge or custody the same may be, to present an affidavit stating that he is such relative or friend, and the facts and cir- cumstances upon which the claim that he is such relative or friend is based, and, if a friend, that he will bear the expense of such interment, the expense of which affidavit shall be paid by the person requiring it. If such person shall refuse to make such affidavit, such corpse or remains shall not be delivered to him, but he shall forfeit his claim and right to the same. Any such college, school or university in either of said counties desiring to avail itself of the provisions of this section shall notify said governors, keepers, wardens, managers, undertakers and other persons hereinbefore specified in the county where said college, school or university is situated, or in any of said adjoining counties, in which no such college, school or university is situated, of such desire, and thereafter it shall be obligatory upon such governors, keepers, wardens, managers, undertakers and other persons hereinbefore specified, to immediately notify the proper officer or officers of said college, school Cadavers 209 or university, whenever there is any corpse in their pos- session, charge, custody or control, which may be deliv- ered to a medical college, school or university under this section, and to deliver the same to such college, school or university. It shall be the duty of such governors, keepers, wardens, managers and persons having lawful control and management of the institutions hereinbefore mentioned, after being duly notified by any college, school or university of its desire to avail itself of the pro- visions of this section, to keep, if requested so to do by such college, school or university, and if provided by such medical college, school or university with a suitable book for that purpose, a true and correct record of any and all corpses thereafter coming into their possession, charge, custody or control, and of the disposition made of the same, giving the name of such corpses, if known; the dates of death and burial, if known; the names and places of residence, if known, of the relatives of such corpses; the names of the persons by whom such corpses are claimed for interment and the names of the colleges, schools, universities or persons, to whom the same are delivered, and the dates of such deliveries; which said books shall be open to the inspection of the officers and agents of such college, school or university furnishing the same and to the officers and agents of any other medical college, school or university entitled to receive corpses from the same county. If two or more colleges, schools or universities located in any one of said coun- ties are entitled to receive corpses from the same or from said adjoining coimties, they shall receive the same in proportion to the number of matriculated students in each college. The professors and teachers in every col- lege, school or university receiving any corpse under this section, shall dispose of the remains thereof, after they have served the purposes of medical, anatomical or surgical science and study, in accordance with the regu- lations of the local board of health where the college, 210 The Public Health Law school or university is situated. Any person neglecting to comply with or violating any provision of this section, shall forfeit and pay a penalty of twenty-five dollars for each and every such non-compliance or violation thereof, and it shall be the duty of the health officer, or person performing his duties, in the places where said medical colleges, schools or universities are situated, whenever he shall have knowledge or information of any non-com- pliance with, or violation of, any provision, or provi- sions, of this section, to sue for and recover, in his name of office, the aforesaid penalty, and to pay over the amount so recovered, less the cost and expenses of the action, to the health board of said locality, for its use and benefit. § 318. Prescriptions of opium, morphine, cocaine and chloral (Repealed by implication. See herein § 1740 of the Penal Law and article 11a of the Public Health Law. ) § 31S-a. Sale of hypodermic syringes and needles. (Repealed by implication. See herein article 11a, § 249 of the Public Health Law.) § 319. Consents requisite to the establishment of hospitals or camps for the treatment of pulmonary tuberculosis. A hospital, camp or other establishment for the treatment of patients suffering from the d.sease known as pulmonary tuberculosis, shall not be estab- lished in any town by any person, association, corpora- tion or municipality except when authorized as pro- vided by this sect'on. The person, association, corpo- ration or municipality proposing to establish such a hospital, camp or other establishment shall file with the state commissioner of health a petition describing the character thereof, stating the county and town in which it is to be located and describing the site in such town for such proposed hospital, camp or other establishment, and requesting the commissioner to fix a date and place for a hearing on such petition before 1 UBEKCULOSIS LAW 211 the state cdmfiais'stoh'er of health and the local health officer, who shall constitute a board to approve or dis- approve the establishment of such hospit.il, camp or other establishment in accordance with sveli petit on. The state commissioner of health shall fix a date and place for a hearing on sach petition, whicli date shall e -ot less than thirty nor more than foity days after the receipt thereof. A notice of such hearing specfy- the date and place thereof and briefly descr.blng the d site for such hospital, camp or other estab- lishment shall be mailed to the person, association, corporation or municipality proposing to establish the same and to the health officer and each member of the board of health of the town in which it is proposed to establish such hospital, camp or other establishment at least twenty days before the hearing, and also pub- lished twice in a local newspaper of the town, or if there is no such paper published therein, then in the newspapers of the county designated in pursuance of law to publish the session laws. At the time and place fixed for such hearing the state commissioner of health, or his deputy when designated by the commissioner, and the local health officer shall hear the petitioner and any person who desires to be heard in reference to the location of such hospital, camp or other establishment, and they shall within thirty days after the hearing, if they are able to agree, approve or disapprove of the location thereof and shall notify the person, association, corporation or municipality of their determination. The determination of the state commissioner of health, or his deputy as the case may be, and the local health officer shall be final and conclusive; but if within thirty days after the hearing they are unable to agree, they shall within such thirty days notify the person, association, corporation or municipality proposing to establish such hospital, camp or other establishment that they are un- able to agree. Within ten days after the receipt of such 212 The Public Health Law notice, such person, association, corporation or munici- pality may file in the office of the state commissioner of health a request that the petition be referred to a board consisting of the lieutenant-governor, the speaker of the assembly and the state commissioner of health. Such officers shall approve or disapprove of the proposed loca- tion of such hospital, camp or other establishment after a hearing of which notice shall be mailed to the person, association, corporation or municipality proposing to establish the same and to the health officer and to each member of the local board of health of the town, or without a hearing, upon the evidence, papers and documents filed with the state commissioner of health or that may be submitted to them, as the board shall determine. They shall make their determination within thirty days after the request for such submission has been filed in the office of the state commissioner of health and cause a copy thereof to be mailed to the person, association, corporation or municipality propos- ing to establish such hospital, camp or other establish- ment and to the health officer of the town in which it is proposed to establish the same. Such determination shall be final and conclusive. (Am'd by L. 1909, ch. 171 and L. 1916, ch. 291, in effect April 24, 1916.) § 320. Reports of tuberculosis by physicians and others. Tuberculosis is hereby declared to be an infec- tious and communicable disease, dangerous to the public health. It shall be the duty of every physician in the state of New York, to report by telephone or in person or in writing on a form to be furnished as hereinafter provided, the name and address, of every person known by said physician to have tuberculosis, to the health officer of the city, town or village in which said person resides or may be, within twenty-four hours after such fact comes to the knowledge of said physician. It shall also be the duty of the chief officer having charge for the time being of any hospital, dispensary, asylum or other similar private or public institution to report the Tuberculosis Law 213 name, age, sex, color, occupation, place where last employed if known and the previous address of every patient having tuberculosis who comes into his care or under his observation, within twenty-four hours there- after to the health officer of the city, town or village in which said patient resided immediately previous to admission to said institution; except that if such resi- dence be outside of the state of New York then such report shall be made to the state commissioner of health. Any physician, nurse, employer, teacher, head of a family, landlord, or other person may report in writing the name and address of any person coming under his observation who appears to be suffering from tubercu- losis to the health officer of the city, town or village in which such person is, and the health officer shall thereupon take such steps as may be prescribed by the sanitary code provided the person making such report signs his own name and address thereon. Each registrar of vital statistics shall promptly report to the health officer the name and address of every person reported to him as having died from tuberculosis. The health officer shall ascertain whether such person has been previously reported as having tuberculosis by the physician signing the death certificate, and if it appears that such physician has not so reported such person, the health officer shall call the attention of such physician to the provisions of this section. In case of repeated violations of the provisions of this section by any physician the health officer shall report such repeated violations to the board of health or other local health authorities, who shall cause such steps to be taken as may be necessary to enforce the penalty provided for such violation. (Am'd by L. 1913, ch. 559; L. 1914, ch. 318 and L. 1916, ch. 370, in effect May 1, 1916.) § 321. Examination of sputum. It shall be the duty 214 The Public Health Law of every health officer of a city, town or village, when so requested by any physician, or by authorities of any hospital or dispensary, to make or cause to be made a microscopical examination of the sputum forwarded to him as that of a person having symptoms of tubercu- losis, which shall be forwarded to such officer accom- panied by a blank giving name, age, sex, color, occu- pation, place where last employed if known and address of the person whose sputum it is. It shall be the duty of said health officer promptly to make a report of the results of such examination free of charge, to the physician or person upon whose application the earne is made. § 322. Protection of records. It shall be the duty of every health officer of a city, town or village to cause all reports made in accordance with the pro- visions of section three hundred and twenty, and also all results of examinations, showing the presence of the bacilli of tuberculosis, made in accordance with the provisions of section three hundred and twenty-one, to be recorded in a register, of which he shall be the cus- todian. Such register shall not be open to inspection by any person other than the health authorities of the state and of the said city, town or village, and said health authorities shall not permit any such report or record to be divulged so as to disclose the identity of the person to whom it relates, except as may be author- ized in the sanitary code. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 323. Disinfection of premises. In case of the vaca- tion of any apartment or premises by the death or removal therefrom of a person having tuberculosis, it shall be the duty of the attending physician, or if there be no such physician, or if such physician be obsent, of the owner, lessee, occupant, or other person having charge of the said apartments or premises, to notify the health officer of said city, town or village, Tuberculosis Law 215 of said death or removal within twenty-four hours thereafter, and such apartments or premises so vacated shall not again be occupied until duly disinfected, cleansed or renovated as hereinafter provided. § 324. Health officer to direct disinfection, cleansing or renovation. When notified of the vacation of any apartments or premises as provided in section three hundred and twenty-three thereof, the local health offi- cer or one of his assistants or deputies, shall within twenty-four hours thereafter visit said apartments or premises and shall order and direct that, except for purposes of cleansing or disinfection, no infected article shall be removed therefrom until properly and suitably cleansed or disinfected, and all apartments or premises shall be disinfected, cleansed or renovated in order that they may be rendered safe and suitable for occupancy as prescribed by the sanitary code. If the health au- thorities determine that disinfection is sufficient to render them safe and suitable for occupancy, such apartments or premises together with all infected ar- ticles tberein, shall immediately be disinfected by the health authorities at public expense, or provided, how- ever, that in any locality which in the judgment of the state commissioner of health may be considered a resort for persons having tuberculosis, such disinfec- tion may in the discretion of the health authorities be done by such health authorities at the expense of the owner of the premises. Should the health authorities determine that such apartments or premises are in need of thorough cleansing and renovation, a notice in writing to this effect shall be served upon the owner or agent of said apartments or premises, and said owner or agent shall thereupon proceed to the cleansing or renovating of such apartments or premises in accord- ance with the instructions of the health authorities, and such cleansing and renovation shall be done at the expense of said owner or agent. The public health 216 The Public Health Law council shall include in the sanitary code regulations defining the methods and precautions to be observed in disinfecting, cleansing, or renovating premises under the provisions of this section. In any case in which the owner is liable for the expense of such disinfection, cleansing or renovation by or pursuant to the provisions of this section, such expense if not paid shall be a first lien upon such property, real or personal, so disin- fected, cleansed or renovated, having preference over all other liens and incumbrances whatever. If the lien is against real property, it may be foreclosed in the manner prescribed in section thirty-two of the public health law; if the lien is against personal property it may be foreclosed in the manner prescribed in sections two hundred and six to two hundred and nine, inclusive, of the lien law. (Am'd by L. 1909, ch. 240; L. 1910, ch. 427 and L. 1913, ch. 559, in effect May 16, 1913.) § 325. Prohibiting occupancy until order of health officer is complied with. In case the orders or direc- tions of the local health officer requiring the disin- fection, cleansing or renovation of any apartments or premises or any articles therein as hereinbefore pro- vided, shall not be complied with within forty-eight hours after such orders or directions shall be given, the health officer may cause a placard in words and form substantially as follows to be placed upon the door of the infected apartments or premises: " Tuberculosis is a communicable disease. These apartments have been occupied by a consumptive and may be infected. They must not be occupied until the order of the health officer directing their disinfection or renovation has been complied with. This notice must not be removed under penalty of the law except by the health officer or other duly authorized official." § 326. Prohibiting carelessness of a person having tuberculosis. Any person having tuberculosis who shall 1'uberculosis Law 217 dispose of his sputum, saliva or other bodily secretion or excretion so as to cause offense or danger to any person or persons occupying the same room or apart- ment, house, or part of a house, shall on complaint of any person or persons subjected to such offense or danger, be deemed guilty of a nuisance and any per- sons subjected to such a nuisance may make complaint in person or writing to the health officer of any city, town, or village where the nuisance complained of is committed. And it shall be the duty of the local health officer receiving such complaint to investigate and if it appears that the nuisance complained of is such as to cause offense or danger to any person occupy- ing the same room, apartment, house or part of a house, he shall serve a notice upon the person so complained of, reciting the alleged cause of offense or danger and requiring him to dispose of his sputum, saliva or other bodily secretion or excretion in such a manner as to remove all reasonable cause of offense or danger. Any person failing or refusing to comply with orders or regulations of the local health officer of any city, town or village, requiring him to cease to commit such nui- sance, shall be deemed guilty of a misdemeanor and en conviction thereof shall be fined not more than ten dollars. § 326-a. Control of dangerous and careless patients. Whenever a complaint shall be made by a physician to a health officer that any person is afflicted with any infectious, contagious or communicable disease or is a carrier of typhoid fever, tuberculosis, diphtheria or other infectious disease and is unable or unwilling to conduct himself and to live in such a manner as not to expose members of his family or household or other persons with whom he may be associated to danger of infection, the health officer shall forthwith investigate the cir- cumstances alleged. If he shall find that any such person is a menace to others, he shall lodge a complaint 218 The Public Health Law against such person with a magistrate, and on such complaint the said person shall be brought before such magistrate. The magistrate after due notice and a hearing, if satisfied that the complaint of the health officer is well founded and that the person is a source of danger to others, may commit him to a county hospital for tuberculosis or to any other hospital or institution established for the care of persons suffering from any such disease or maintaining a room, ward or wards for such person. Such person shall be deemed to be committed until discharged in the manner author- ized in this section. In making such commitment the magistrate shall make such order for payment for the care and maintenance of such person as he may deem proper. The chief medical officer of the hospital or other institution to which any such person has been committed, upon signing and placing among the per- manent records of such hospital or institution a state- ment to the effect that such person has obeyed the rules and regulations of such hospital or institution for a period of not less than sixty days, and that in his judgment such person may be discharged without danger to the health or life of others, or for any other reason stated in full which he may deem adequate and sufficient, may discharge the person so committed. He shall report each such discharge together with a full statement of the reasons therefor at once to the health officer of the city, village or town from which the patient came and at the next meeting of the board of managers or other controlling authority of such hos- pital or institution. Every person committed under the provisions of this section shall observe all the rules and regulations of such hospital or institution. Any patient so committed who neglects or refuses to obey the rules or regulations of the institution may by direction of the chief medical officer of the institution be placed apart from the other patients and restrained Tuberculosis Law 219 from leaving the institution. Any such patient who wilfully violates the rules and regulations of the insti- tution or repeatedly conducts himself in a disorderly manner may be taken before a magistrate by the order of the chief medical officer of the institution. The chief medical officer may enter a complaint against such per- son for disorderly conduct and the magistrate, after a hearing and upon due evidence of such disorderly con- duct, may commit such person for a period not to exceed six months to any institution to which persons convicted of disorderly conduct or vagrancy or of being tramps may be committed, and such institution shall keep such person separate and apart from the other inmates, provided that nothing in this section shall be construed to prohibit any person committed to any institution under its provisions from appealing to any court having jurisdiction, for a review of the evidence on which commitment was made. (Added by L. 1913, ch. 559, in effect May 16, 1913.) § 327. Protection of patient's family. It shall be the duty of a physician attending a patient having tuberculosis to take all proper precautions and to give proper instructions to provide for the safety of all individuals occupying the same house or apartment, and if no physician be attending such patient this duty shall devolve upon the local health officer, and all duties im- posed upon physicians by any sections of this act shall be performed by the local health officer in all cases of tuberculosis not attended by a physician, or when the physician fails to perform the duties herein specified, and shall so report. § 328. Providing that physicians shall make a com- plete statement of procedure and precautions on a blank to be furnished by the health officer. It shall be the duty of the local health officer to transmit to a phy- sician reporting a case of tuberculosis as provided in section three hundred and twenty, a printed statement 220 The Public Health Law and report, in a form approved by the state commis- sioner of health, naming such procedure and precautions as in the opinion of the said commissioner are necessary or desirable to be taken on the premises of a tubercu- losis patient. The state department of health shall print an ample supply of such statements and reports and furnish the same in sufficient numbers to health officers for all physicians. Upon receipt of such state- ment and report the physician shall either carry into effect all such procedure and precautions as are therein prescribed, and shall thereupon sign and date the same and return it to the local health officer without delay, or, if such attending physician be unwilling or unable to carry into effect the procedures and precautions speci- fied, he shall so state upon this report and immediately return the same to the local health officer and the duties therein prescribed shall thereupon devolve upon said local health officer who shall receive the fee hereinafter provided as payment of the services of the physician if he comply with the duties herein prescribed. Upon the receipt of this statement and report the local health officer shall carefully examine the same, and if satisfied that the attending physician has taken all necessary and desirable precautions to insure the safety of all persons living in the apartments or premises occupied by the persons having tuberculosis, the said local health officer shall issue an order upon the treasurer of the city, town or village in favor of the attending physician, except where such physician is employed by and re- ceives a salary from the state of New York, or is em- ployed by and receives a salary from a hospital, sana- torium, or other similar private or public institution in the state of New York, for the sum of one dollar thereupon to be paid out of a fund which shall be pro- vided by said city, town or village. But no such pay- ment shall be made to any physician for reporting cases of tuberculosis elsewhere than in the city, town or vil- lage where such patient resides. If the precaution taken or instructions given by the attending physician Tuberculosis Law 221 are, in the opinion of the local health officer, not such as will remove all reasonable danger or probability of danger to the persons occupying the said house or apart- ments or premises, the local health officer shall return to the attending physician the report with a letter specifying the additional precautions or instructions which the health officer shall require him to take or give; and the said attending physician shall immedi- ately take the additional precautions and give the addi- tional instructions specified and shall record and return the same on the original report to the local health officer. A health officer shall have authority to cause all reported cases of tuberculosis within his jurisdic- tion to be visited from time to time by a public health nurse. In every case in which a physician reporting the case has elected to carry into effect the procedure and precautions required by this section, the public health nurse shall act under the direction and super- vision of the physician. It shall further be the duty of the health officer to transmit to the physician report- ing any case of tuberculosis a printed requisition, to be supplied by the state commissioner of health, and issued in sufficient number to health officers to supply physicians. Upon this requisition blank shall be named the materials kept on hand by the local health officer for the prevention of the spread of tuberculosis and it shall be the duty of the local health officer to supply such materials as may be specified in such requisition. Any physician may return a duly signed requisition to the local health officer for such of the specified materials and in such amount as he may deem necessary to aid him in preventing the spread of the disease, and all local health officers shall honor, as far as possible, the requisition signed by the attending physician in such case. It shall be the duty of every local health officer to transmit to every physician reporting any 222 The Public Health Law case of tuberculosis, or to the person reported as suffer- ing from this disease, provided the latter has no attend- ing physician, a circular of information approved by the state commissioner of health and which shall be provided in sufficient quantity by the local health au- thorities. This circular of information shall inform the consumptive of the best methods of treatment of his disease and of the precautions necessary to avoid transmitting the disease to others. (Am'd by L. 1909, ch. 426; L. 1911, ch. 490, and L. 1913, ch. 559, in effect May 16, 1913.) § 329. Penalty for failure of physician to perform duties or for making false reports. Any physician or person practicing as a physician who shall wilfully make any false statement concerning the name, age, sex, color, occupation, place where last employed if known, or address of any person reported as affected with tuberculosis, or who shall certify falsely as to any of the precautions taken to prevent the spread of infec- tion, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be subject to a fine of not more than one hundred dollars. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 330. Reporting recovery of patient. Upon the re- covery of any person having tuberculosis, it shall be the duty of the attending physician to make a report of this fact to the local health officer, who shall record the same in the records of his office, and shall relieve said person from further liability to any requirements imposed by this article. § 331. General penalty. Any person violating any of the provisions of sections three hundred and twenty to three hundred and thirty, both inclusive, of this article, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished, except as in this article otherwise provided, by a fine of not less than five dollars nor more than fifty dollars. Tuberculosis Law 223 § 332. Application of provisions. No portion of sec- tion three hundred and twenty to three hundred and thirty-one, both inclusive, shall apply to the city of New York, nor shall the passage of said sections modify or repeal any of the provisions of the charter of the city of New York, or any rule or regulation issued by the department of health of said New Y T ork city. (Am'd by L. 1909, ch. 240, in effect April 22, 1909.) § 333. Like privileges in hospitals to be granted to matriculated students of medical colleges. Whenever the managers, governors, or person or persons having lawful control and management over any public hospital in any city or county in this state, shall grant to matriculated students of any legally incorporated medi- cal college in said city or county, privileges of admission to such hospital for hearing clinics or lectures, or re- ceiving medical or surgical instruction therein, the like privileges and advantages shall be granted to the ma- triculated students in each and all legally incorporated medical colleges in said city and county who may desire the same, without distinction or preference, and upon equal terms and conditions to all. Nothing in this sec- tion shall prevent the managers of hospitals from limit- ing the attendance of students in such hospitals to a number compatible with the welfare of patients. But in such limitation they shall receive students from such legally incorporated medical colleges applying for such admission in proportion to the number of students in attendance upon such college. § 334. Iron stairways on outside of hospital buildings. All hospital buildings used for general hospital pur- poses, or hospitals or asylums for the insane, or any hospital buildings which are more than two stories high, other than those which are fireproof in their con- struction, shall have properly constructed iron stairways on the outside thereof, with suitable doorways leading thereto from each story above the first, for use in case 224 The Public Health Law of fire. It shall be the duty of the trustees, managers, owners or proprietors of such hospitals or asylums to cause such stairways to be constructed and maintained. If the trustees or owners of any hospital as herein de- scribed, except those owned and maintained by a city, a county, or the state, shall fail to provide such stairways before the first day of October, eighteen hundred anl ninety-six, then the local authorities shall proceed to erect sucn stairways, and the cost thereof may be recov- ered by an action at law from the property of said hospital. The district attorney of each county is hereby charged with the execution of this statute, except in the case of hospitals erected or maintained by the state, city or by a county. The provisions of this section shall not apply to any institution in any of the cities or counties of this state, which the fire department of said city or district attor- ney of the county shall certify in writing to be fire- proof to an extent which will not require the appliances and fixtures provided for in this section. The certificate exempting institutions from the operations of this sec- tion shall be filed during the month of January in each year, in the office of the county clerk of the county. ARTICLE XVI-A. Cold Storage (Added by L. 1911, ch. 335, in effect June 15. 1911) Section 335. Definitions. 336. Cold storage food to be marked. 336-a. Licenses to be secured. 337. Time that cold storage food may be kept. 338. Powers of state commissioner of health. 338-a. Food to be condemned. 339. Reports of warehousemen. Cold Storage 225 Section 339-a. Transfers from one warehouse to another. 339-b. Prohibits return of food to cold storage when once released for purpose of plac- ing same on market for sale. 339-c. Prohibits sale of food kept in cold storage without representing said fact. 339-d. Penalties. § 335. Definitions. The term food as used in this article shall include any article, except nuts, fruits, cheese and vegetables, used for food by man or animal and every ingredient of such article. § 336. Cold storage food to be marked. It shall here- after be unlawful for any person or persons, corporation or corporations, engaged in the business of cold storage warehousemen or in the business of refrigerating, to re- ceive any kind of food unless the said food is in an appa- rently pure and wholesome condition, and the food or the package containing the same is branded, stamped or marked, in some conspicuous place, with the day, month and year, when the same is received in storage or refrigeration. It shall be unlawful for any person or persons, corpo- ration or corporations, engaged in the business of cold storage warehousemen or in the business of refrigerating to permit any article of any kind whatsoever used for food in the possession of any person or persons, corpo- ration or corporations, engaged in the business of cold storage warehousemen or refrigerating, to be taken from their possession without first having branded, stamped or marked on said food stuffs or the package containing same, in a conspicuous place, the day, month and year, when said food stuffs or package was removed from cold storage or refrigeration. It shall also be unlawful for any person or persons, corporation or corporations, to offer for storage in a cold storage warehouse or to place in storage in a cold 8 226 The Public Health Law storage warehouse any article of food unless the same is in an apparently pure and wholesome condition. (Am'd by L. 1914, ch. 414, in effect April 17, 1914.) § 336-a. License to be secured. On and after the first day of October, nineteen hundred and thirteen, no person or persons, firm, corporation or corporations other than those engaged solely and exclusively in the business of storing nuts, fruit, cheese or vegetables only, shall operate a cold storage or refrigerating warehouse without a license to be issued by the state department of health. Any person or persons, firm, corporation or corporations desiring such a license shall make written application to the department on or before the first day of September, nineteen hundred and thirteen, stating the location of its plant or plants. On receipt of the application the department shall cause an examination to be made into the sanitary condition of such plant or plants and if they are found to be in a sanitary con- dition and otherwise properly equipped for the business of cold storage, the department shall cause a license to be issued authorizing the applicant to operate a cold storage or refrigerating warehouse for and during the period of one year. The license shall be issued upon payment by the applicant of a license fee of twenty-five dollars to the state treasurer. On or before the first day of September in each subsequent year all person or persons, firm, corporation or corporations, engaged in the business of cold storage or refrigerating ware- housing, shall make a renewal application to the state department of health, stating the location of its plant or plants. If the state department of health is satisfied that the plant or plants continue in a sanitary con- dition and are otherwise properly equipped for the busi- ness of cold storage, the department shall on or before the first day of October in each subsequent year issue a renewal license for one year on the payment of the license fee of twenty-five dollars. Should any person Cold Storage 227 or persons, firm, corporation or corporations, desire to begin the business of cold storage or refrigerating ware- housing after the first day of October, nineteen hundred and thirteen, it or they shall file an application with the state department of health stating the location of its plant or plants, and the state department of health after an examination on payment of the license fee may then issue a license to such applicant, for a period up to and including the first day of October next fol- lowing. In the event that any warehouse licensed under the provisions of this section, or any portion thereof, shall be deemed by the state department of health to be conducted in an unsanitary manner, it shall be the duty of the department to close such warehouse, or portion thereof, until it shall be put in satisfactory condition, and the department shall have power also to suspend the license in case the needed changes shall not be made within a reasonable time. (Added by L. 1913, ch 560, in effect May 16, 1913.) § 337. Time that cold storage foods may be kept. It shall hereafter be unlawful for any person, corporation or corporations, engaged in the business of cold storage warehousemen or refrigerating, or for any person placing food in a cold storage warehouse, to keep in stor- age for preservation or otherwise any kind of food or any article used for food a longer period than ten calendar months, excepting butter products which may be kept in said cold storage or refrigeration twelve calen- dar months. (Am'd by L. 1914, ch. 414, in effect April 17, 1914.) § 338. Powers of state commissioner of health. The state commissioner of health is hereby vested with full power and authority to inspect and supervise all places in this state now used or hereafter to be used for cold storage or refrigerating purposes; the state commis- sioner of health or his duly authorized agents or em- ployees shall be permitted access to such place or places 228 The Public Health Law and all parts thereof at all times for the purpose of seeing that said place or places are kept and maintained in a clean and sanitary manner, and for the purpose of determining whether or not the provisions of this article or any other act relating to food stuffs are being com- plied with. The commissioner of health shall have the power by subpoena or subpoena duces tecum, issued and attested by him in his official capacity to require the attendance and testimony before him, or the deputy commissioner, of any person who he may have reason to believe has knowledge of any alleged violation of this article, and the production before him, or the deputy commissioner, of any records, books, papers and docu- ments for the purpose of investigating any alleged vio- lation of this article. Such subpoenas or subpoenas duces tecum may be served by any person over the age of twenty-one years. No person shall be excused from attending and testifying or producing any records, books, papers or other documents before said commissioner of health, or the deputy commissioner, upon such investiga- tion upon the ground or for the reason that the testi- mony or evidence, documentary or otherwise, required of him may tend to convict him of a crime or subject him to a penalty or forfeiture, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing con- cerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him upon any crimi- nal action, investigation or proceeding. Any person who shall omit, neglect or refuse to attend and testify or to produce any records, books, papers or documents, if in his power so to do, in obedience to such subpoena or yubpcena duces tecum shall be guilty of a misdemeanor. Any person who shall wilfully and knowingly make any false statement under oath before the commissioner of health, or the deputy commissioner, concerning a mate- Cold Storage 229 rial matter shall be guilty of perjury. The commissioner of health and the deputy commissioner are hereby au- thorized and empowered to administer oaths and affir- mation in the usual appropriate forms to any person in any matter or proceedings authorized as aforesaid and in all matters pertaining or relating to this article and to take and administer oaths and affirmations in the usual appropriate forms, in taking any affidavit or deposition which may be necessary or required by law or by any order, rule or regulation of the commissioner of health for or in connection with the official purposes, affairs, powers, duties or proceedings of said commis- sioner of health, or the deputy commissioner, or for any official purpose lawfully authorized by said commissioner of health. The power of supervision hereby granted shall extend to enable the state commissioner of health to adopt such reasonable rules and regulations as may be determined upon from time to time as essential to the proper protection of the consumer of the commodi- ties kept and preserved in such place or places, and the state commissioner of health may appoint and designate from time to time such person or persons as he deems fit for the purpose of making such inspections. (Am'd by L. 1914, ch. 414, in effect April 17, 1914.) § 338-a. Food to be condemned. The state commis- sioner of health may seize and condemn any articles of food in cold storage warehouses which are found to be unfit for use and such articles of food shall be de- stroyed or otherwise disposed of under such conditions as the state commissioner of health may prescribe. (Added by L. 1913, ch. 560, in effect May 16, 1913.) § 339. Reports of warehousemen. All persons or corporations engaged in the business of cold storage warehousemen, or in the business of refrigerating, shall submit reports to the state department of health, upon printed forms to be provided by said state department 230 The Public Health Law of health, setting forth in itemized particulars the quan- tity of each and every food stuff in storage or in the control of said person or persons, corporation or corpo- rations; said report shall be filed on or before the twenty-fifth day of January, May and September of each year, and reports so rendered shall show condi- tions existing upon the first day of the month in which said report is filed. § 339-a. Transfers from one warehouse to another. The transfer of any food from one cold storage or refrigerating warehouse to another for the purpose of evading any provisions of this article is hereby pro- hibited. § 339-b. Prohibits return of food to cold storage when once released for purpose of placing same on mar- ket for sale. When food has been in cold storage or refrigeration and is released therefrom for the purpose of placing the same on the market for sale it shall be a violation of the provisions of this article to again place such food in cold storage or refrigeration. § 339-c. Prohibits sale of food kept in cold storage without representing said fact. It shall be a violation of the provisions of this article to sell any article or articles of food that have been kept in cold storage or refrigeration, without representing the same to have been so kept. § 339-d. Penalties. Any person or persons, corpora- tion or corporations, or officer or officers thereof, vio- lating any of the provisions of this article shall be guilty of a misdemeanor. The conviction of any cor- poration shall not operate to relieve any officer or of- ficers, agents or employees of such corporation from prosecution under the provisions of this article. Note. — Rules and Regulations in relation to cold storage p. 445. Pasteur Institute; Prevention of Hydrophobia 231 ARTICLE XVII Pasteur Institute and the Prevention of Hydrophobia Section 340. Persons to be sent to Pasteur institute, and by what officers. 341. Transportation, sustenance and treatment. 342. Charges for services of Pasteur institute. 343. Inspection of the institute. § 340. Persons to be sent to Pasteur institute, and by what officers. Overseers of the poor or other offi- cers having charge of the dispensation of public charity in the several counties of this state may hereafter send to the Pasteur institute in the city of New York all persons duly certified by regular physicians to have been bitten by rabid animals or otherwise put in danger of infection with rabies. § 341. Transportation, sustenance and treatment. The transportation of such persons, with necessary attend- ant or attendants, to and from the city of New York, shall be a charge upon the counties in which they reside. The sustenance, nursing and preventive treatment of such persons, for the time adjudged necessary, shall be provided by the Pasteur institute of the city of New York. § 342. Charges for services of Pasteur institute. The charges for the services of the Pasteur institute of the city of New York for such poor persons shall be paid as is provided for by section forty-two of the poor law, at a rate not exceeding one hundred dollars a patient. § 343. Inspection of the institute. The Pasteur insti- tute of the city of New York shall be at all times open to the inspection of the governor and of the state depart- ment of health or of the accredited representative of either, and shall annually, on or before the fifteenth of January of each year, make its report to the legislature. 232 The Public Health Law ARTICLE XVII-A (Added by L. 1913, ch. 552, in effect Sept. 1, 1913) Cleanliness in the Preparation and Service of Food Section 343-a. Cleanliness in the preparation and service of food. 343-b. Powers of the state commissioner of health. 343-c. Penalties. § 343-a. Cleanliness in the preparation and service of food. A person or corporation engaged in the prepara- tion and sale of food in any hotel, public restaurant, public dining-room, dining-car or steamboat in this state or an officer of any public, penal or charitable institution in this state, shall not use in the prepara- tion or service of any food utensils, dishes, or other containers which have not been previously cleansed in a sanitary manner. In such cleansing the use of water which has become unsanitary by previous use is pro- hibited. § 343-b. Powers of the state commissioner of health. The state commissioner of health is hereby vested with full power and authority to inspect and supervise all public places in this state above enumerated in which food is prepared, sold or served. Such commis- sioner or his duly authorized agents or employees shall be permitted access to the kitchens of all hotels, public restaurants, public dining-rooms, dining-cars and steam- boats in this state and to the kitchens of all public, penal and charitable institutions in this state for the purpose of ascertaining whether the provisions of this article are being observed and he may adopt such rules ar I regulations as may be determined upon from time to time for the proper enforcement of this article. The Suppression of Certain Nuisances 233 state commissioner of health may appoint and designate from time to time persons to make the inspections au- thorized by this article. § 343-c. Penalties. Any person or corporation, or offi- cer thereof, violating any of the provisions of this arti- cle shall be guilty of a misdemeanor. The conviction of any corporation shall not relieve any officer or officers, agents or employees of such corporation from prosecu- tion under the provisions of this article. ARTICLE XVIX-A* (Added by L. 1014, ch. 365, in effect April 14, 1914) Suppression of Certain Nuisances Section 343-a. Nuisance defined. 343-b. Action to enjoin nuisance. 343-c. Jurisdiction and procedure. 343-d. Trial of action. 343-e. Discontinuance of action; substitution. 343-f. Costs. 343-g. Permanent injunction. 343-h. Violation of injunction. 343-i. Effect if portion of article unconstitu- tional. § 343-a.f Nuisance defined. For the purpose of this article any house, building, place or any separate part or portion thereof, or the ground itself, in or upon which assignation or prostitution is conducted, practiced', permitted, carried on or exists is declared a nuisance, and whoever knowingly shall erect, establish, permit, continue, maintain, own, lease or sublease any house, building, erection, place or any separate part or portion thereof, used for such purposes, shall be guilty of main- taining a nuisance. * Two articles have boon lmmhriTi! XVI la by the Legis- ts I ure. f Two sections have been numbered 343-a by the Legis- lature. 234 The Public Health Law § 343-b. * Action to enjoin nuisance. When a nuisance is created, conducted, kept, maintained, permitted or exists in any county, the district attorney of the county, any taxpayer residing in the immediate neighborhood of the alleged nuisance, or any domestic corporation organ- ized for the suppression of vice, subject to or which submits to visitation by the state board of charities, and possesses a certificate from such board of such fact and of conformity with its regulations, may maintain an action in the name of the people of the state of New York, upon the relation of such taxpayer, corporation or district attorney, to perpetually enjoin such nuisance by any owner, agent, lessee, occupant or employee, of the house, building, erection, place or any separate part or portion thereof or ground, in or upon which such nuisance is alleged to be conducted, kept, permitted or exists. § 343-c.f Jurisdiction and procedure. Such action shall be brought in the supreme court of the county in which the property is situated. At or before the commence- ment of the action a complaint alleging the facts con- stituting the nuisance shall be filed in the office of the clerk of the county, together with a notice of the pend- ency of the action, containing the names of the parties, the object of the action and a brief description of the property affected thereby. Such notice shall be imme- diately recorded by the clerk in accordance with the provisions of section sixteen hundred and seventy-two of the code of civil procedure. After the filing of the complaint, application for a temporary injunction may be made to the supreme court or a judge thereof who shall grant a hearing thereon if satisfied of the good faith of the application and shall direct the service upon the owner, agent or occupant of the property in ♦Two sections have been numbered 343-b by the Legislatu-e. t Two sections have been numbered 343-c by the Legislature. Suppression of Certain Nuisances 235 or upon which a nuisance is alleged to exist, of a copy of the complaint, together with a notice of the time and place of the hearing of the application. Such notice shall be served at least five days before the hearing. If the hearing be continued at the instance of the defend- ant, a temporary injunction restraining any person from continuing such nuisance shall issue as a matter of course. If upon the hearing, the allegations be sus- tained to the satisfaction of the court or judge, such court or judge shall issue a temporary injunction, with- out bond, restraining any person from continuing the nuisance. § 343-d. Trial of action. The action for the permanent injunction shall be triable at the term of the supreme court immediately following the issuance of the tem- porary injunction as provided in this article. In such action evidence of the common fame and general reputa- tion of the place, of the inmates thereof, or of those resorting thereto, shall be competent evidence to prove the existence of the nuisance. An admission or finding of guilt of any person of a violation of section eleven hundred and forty- six of the penal law at such place shall be presumptive evidence of the nuisance. § 343-e. Discontinuance of action; substitution. If the action be commenced by a taxpayer it shall not be discontinued, except upon the sworn statement of the relator, or his attorney, stating the reason why the action should be discontinued, and no application for discontinuance shall be granted nor shall the action be dismissed upon default, unless approved in writing or in open court by the district attorney of the county wherein the action is pending. If the court rejects the application for discontinuance, it shall direct the district attorney to prosecute such action to judgment. If any such action be continued more than one term of court, any taxpayer or the district attorney of the county wherein the action is pending may, on order of the court, 236 The Public Health Law be substituted for the relator, and prosecute such action to judgment. § 343-f. Costs. If the action be brought by a tax- payer or a corporation and the court finds that there were no reasonable grounds for such action, the costs thereof shall be taxed against the relator. § 343-g. Permanent injunction. If the existence of the nuisance be established upon the trial, a judgment shall be entered which shall permanently and perpetually enjoin the defendant or defendants and any other owner, agent, lessee, occupant or employee from conducting, keeping, maintaining, permitting or continuing the nuisance complained of on the premises in or on which the nuisance was maintained. § 343-h. Violation of injunction. A violation of a judgment entered under this article shall constitute a contempt of court punishable by imprisonment for not less than ten days nor more than twelve months. If there be a violation of such judgment, an order shall issue directing the closing and vacating of the premises and enjoining the use thereof for not less than thirty days nor more than one year from the entry of the order and the court or judge shall direct the sheriff to enforce such order and shall allow him a reasonable fee, which shall be a lien upon the premises. A person who breaks, enters or uses any house, building, erection, place or any separate part or portion thereof, or ground vacated or closed in accordance with this article, except for the purpose of removing personal property and trade fixtures owned by or mortgaged to such person, or the corporation, association, or partnership represented by such person, shall be guilty of contempt of court punish- able as provided in this section. § 343-i. Effect if portion of article unconstitutional. If any part of this article be held unconstitutional the constitutionality of the other parts thereof shall not be affected or impaired. State Institute for Study of Malignant Disease 237 ARTICLE XVIII (Added by L. 1911, eh. 128, in effect May 10, 1911) State Institute for the Study of Malignant Disease Section 344. Establishment of institute. 345. Management and control; board of trustees. 346. Objects and purposes of the institute. 347. Director of the institute. § 344. Establishment of institute. There shall be established in the city of Buffalo an institute, to be known as the state institute for the study of malignant disease, for the objects and purposes hereinafter set forth. § 345. Management and control; board of trustees. The general management and control of said institute shall be vested in a board of trustees consisting of seven members, one of whom shall be the state commissioner of health, ex officio. The remaining members shall, as often as the positions of the several original members constituted by the act of which this article is a part, become vacant, be appointed by and may be removed at the pleasure of the governor. Said trustees shall serve without compensation, and said board shall meet quar- terly and shall hold an annual meeting in November to receive the annual report of the director and to prepare for transmission to the legislature its report upon the work of the preceding year. The board shall audit the annual expenses of the institute and appoint the director. The board of trustees shall, within the limits of the annual appropriation made therefor, fix all sal- aries of officers and employees of the institute and authorize all disbursements. The board may meet any time on the call of the chairman and shall be allowed necessary traveling expenses in attending the fixed meetings or any special meetings. At least two of the 238 The Public Health Law trustees shall be residents of Buffalo or vicinity and one of them shall be a member of the medical faculty or of the council of the university of Buffalo. § 346. Objects and purposes of the institute; gifts to institute in aid thereof. The institute shall conduct investigations into the cause, nature, mortality rate, treatment, prevention and cure of cancer and allied diseases, and may receive in its hospital for study, experimental or other treatment, cases of cancer and allied diseases free of charge. It shall publish from time to time the results of its investigations for the benefit of humanity and shall from time to time collect its publications into the form of a scientific report for distribution to scientific bodies and to medical scientists and qualified members of the medical profession. The direction of research work in whole or in part toward malignant diseases other than cancer shall not be a vio- lation of the conditions of the grants made under the provisions of which this article is a part. The institute may receive gifts, legacies and bequests, and use the same in such manner as the board of trustees may deter- mine for the advancement of its objects and purposes. (Am'd by L. 1913, ch. 91, in effect March 20, 1913.) § 347. Director of the institute. A director of the institute shall be appointed by the board of trustees and shall serve until his successor shall have been duly appointed and qualified. He shall be a trained scientist and shall have sole executive direction of the work of the institute. He shall appoint all members of the staff, subject to the approval of the board of trustees, and he shall appoint and dismiss at will all other employees of the institute. § 2. The sum of sixty -five thousand dollars ($05,000), or so much thereof as may be needed, is hereby appro- priated out of any money in the treasury not otherwise appropriated, for the purpose of constructing and equip- ping a suitable building for a state hospital for research State Institute for Study of Malignant Disease 239 purposes, as hereinafter particularly described, upon ground adjoining the Gratwick laboratory at Buffalo, New York; such hospital and the Gratwick laboratory building shall be used by and for the state institute for the study of malignant disease, established by article eighteen of the public health law, as added by this act, but the laboratory building shall continue to be known as the Gratwick laboratory. Before any part of such appropriation shall be or become available, the land on which the hospital building provided for in this act is to stand, consisting of the plot adjoining the Gratwick laboratory on the west, extending about one hundred and fifty feet to the corner of Oak street, with a depth of about one hundred and seventy-nine feet, shall be con- veyed to the people of the state by the owners thereof, and the conveyance approved as to form and manner of execution by the attorney -general ; and the land upon which the Gratwick laboratory stands, together with the building thereon, and all of its appointments and equip- ment (heretofore for the purpose of medical research provided for the use of the state by Mrs. William H. Gratwick of Buffalo, New York), shall be by like deed, similarly approved, conveyed to the people of the state. The deeds may contain a condition that the grant is made subject to the agreement on the part of the state that there shall be thereafter maintained thereon an institute for the study of malignant and allied diseases, according to the provisions of this act and that upon the determination by the legislature that such institute shall be no longer maintained at the expense of the state, all of such land with all buildings and improvements thereon and equipment therein shall revert to the university of Buffalo, its successors or assigns, but in that case such reversion to the university of Buffalo shall not include the hospital building except upon the payment by the university of Buffalo to the state of the then duly appraised value of the hospital building. 240 The Public Health Law § 3. The original members, other than the state com- missioner of health, of the board of trustees of the state institute for the study of malignant disease, as estab- lished by section three hundred and forty-four of the public health law, as added by this act, shall be the fol- lowing persons: Roswell Park, M. D., Buffalo, who shall be chairman; William H. Gratwick, Buffalo; Charles Cary, M. D., Buffalo; John G. Milburn, New York; Frederick C. Stevens, Attica, New York; Charles S. Fairchild, New York. § 4. The amount hereby appropriated shall be paid by the treasurer upon the warrant of the comptroller upon vouchers approved as hereinafter provided. The plans and specifications for the building herein provided for shall be prepared or approved by the state architect and he may, with the approval of the board of trustees of the institute, employ an architect or architects to pre- pare the plans and specifications and to locally supervise the work of construction herein provided. All plans and specifications shall be subject to the approval of the director of said institute, appointed as provided by sec- tion three hundred and forty-seven of the public health law, as added by this act, and of its board of trustees. The work under this act shall be done by contract except work which in the opinion of the comptroller and the state architect can be done in whole or in part more advantageously by the employment of labor and the purchase of material in the open market. All expendi- tures under this act shall be made in pursuance of the estimates or pursuant to contracts the form of which shall be prescribed by the state architect. The estimates shall be made to the comptroller in the usual form by the board of trustees of said institute. Where the work estimated for is upon drawings and specifications of the state architect, the estimates shall be subject to his approval also. No item of such appropriation shall be Operations foe Prevention of Procreation 241 available except for necessary advertising and the prepa- ration of plans until a contract or contracts for the completion of the structure authorized to be erected within the appropriation shall be made. All contracts greater in amount than one thousand dollars shall have the performance thereof secured by a sufficient bond or bonds to be approved by and filed with the comptroller. In the case of any work which shall amount to less than one thousand dollars covered by contract, no surety bond shall be required, provided payment is to be made only after the work has been satisfactorily completed. All payments on contracts shall be made on the certificate of the state architect and the voucher of the board of trustees of said institute after audit of the state comp- troller. ARTICLE XIX (Added by L. 1912, ch. 445, in effect April 16, 1912) Operations for the Prevention of Procreation Section 350. Board of examiners; compensation and ex- penses. 351. General powers and duties of the board; persons to be operated upon. 352. Appointment of counsel to persons to be operated upon. 353. Unauthorized and illegal operations. § 350. Board of examiners; compensation and expenses. Immediately after the passage of this act, the governor shall appoint one surgeon, one neurologist and one prac- titioner of medicine, each with at least ten years' (xperience in the actual practice of his profession, for a term of five years, to be known as the board of exam- iners of feeble-minded, criminals and other defectives, which board is hereby created. The compensation of the members of such board shall be ten dollars per diem for each day actually engaged in the performance of the 242 The Public Health Law duties of the board, and their actual and necessary traveling expenses. Any vacancies occurring in said board shall be filled by appointment of the governor for the unexpired term. § 351. General powers and duties of the board; per- sons to be operated upon. It shall be the duty of the said board to examine into the mental and physical con- dition and the record and family history of the feeble- minded, epileptic, criminal and other defective inmates confined in the several state hospitals for the insane, state prisons, reformatories and charitable and penal institutions in the state, and if in the judgment of the majority of said board procreation by any such person would produce children with an inherited tendency to crime, insanity, feeble-mindedness, idiocy or imbecility and there is no probability that the condition of any such person so examined will improve to such an extent as to render procreation by any such person advisable, or if the physical or mental condition of any such person will be substantially improved thereby, then said board shall appoint one of its members to perform such opera- tion for the prevention of procreation as shall be decided by said board to be most effective. The criminals who shall come within the operation of this law shall be those who have been convicted of the crime of rape or such succession of offenses against the criminal law as in the opinion of the board shall be deemed to be sufficient evidence of confirmed criminal tendencies. § 352. Appointment of counsel to person to be oper- ated upon. The board of examiners shall apply to anj judge of the supreme court or county judge of the county in which said person is confined, for the appointment of counsel to represent the person to be examined. Said counsel to act at a hearing before the judge and in any subsequent proceedings and no order made by said board shall become effective until five days after it shall have Sanitary Conditions in Hotels 243 been filed with the clerk of the court and a copy shall have been served upon the counsel appointed to represent the person examined and proof of service of said copy of the order to be filed with the clerk of the court. All orders made under the provisions of this act shall be subject to review by the supreme court or any justice thereof, and said court may upon appeal from any order grant a stay which shall be effective until such appeal shall have been decided. The judge of the court appoint- ing any counsel under this act may fix the compensation to be paid him. No surgeon performing an operation under the provisions of this act shall be held to account therefor. The record taken upon the examination of every such inmate signed by the said board of examiners shall be preserved by the institution where said inmate is confined and one year after the performance of the operation the superintendent or other administrative officer of the institution wherein such inmate is con- fined shall report to the board of examiners the condi- tion of the inmate and the effect of such operation upon such inmate, and a copy of the report shall be filed with the record of the examination. § 353. Unauthorized and illegal operations. Except as authorized by this act, every person who shall perform, encourage, assist in or otherwise permit the performance of the operation for the purpose of destroying the power to procreate the human species or any person who shall knowingly permit such operation to be performed upon such person unless the same shall be a medical necessity, shall be guilty of a misdemeanor. ARTICLE XX (Added by L. 1913, ch. 630, in effect Sept. 1, 1913) Sanitary Conditions in Hotels Section 354. Sewers and drainage. 355. Bedding, sheets and towels. 356. Violation a misdemeanor. Enforcement. 244 The Public Health Law § 354. Sewers and drainage. Every hotel in this state shall be well drained and ventilated and every hotel con- nected with a cesspool or located in any city or village having a sewer system shall be well ventilated, drained, plumbed and connected according to sanitary principles with such cesspool or sewer system, and shall be kept free from effluvia arising from sewer, drain, water closet or other source within the control of the owner, man- ager, agent or other person in charge of said hotel. § 355. Bedding, sheets and towels. Every hotel in this state shall furnish each guest with clean linen or cotton individual towels in each room occupied by such guest, and also in the public lavatories and washrooms of such hotel, and with clean sheets and pillow slips for the bed, bunk, or cot to be occupied by such guest. Each sheet used shall be ninety-one inches long, minimum length after being hemmed and laundered, and of suffi- cient width to completely cover the mattress and springs, and all sheets and pillow slips after being used by one guest must be washed, ironed and dried before being fur- nished to another guest. § 35G. Violation a misdemeanor. Enforcement. All departments of health and the commissioner or commis- sioners thereof shall have power to enforce the provi- sions of this article. The commissioners of health and tim respective local boards of health and any person au- thorized by either of them so to do, may enter any hotel or any part thereof at any reasonable time to inspect and examine the same, to determine whether or not the laws relating to hotels are being complied with. Any hotel proprietor or manager violating any of the pro- visions of this article is guilty of a misdemeanor. This article shall not apply to cities having a population of one million inhabitants or over. Vital Statistics 245 ARTICLE XX* (Added by L. 1913, ch. 619, in effect Jan. 1, 1914) Vital Statistics Section 370. Registration of births and deaths; duties of state department of health. 371. Duties of state commissioner of health as to vital statistics. 372. Registration districts. 373. Registrar of vital statistics. 374. Correction of defective registration. 375. Permits for burial or removal of dead bodies. 376. Registration of stillborn children. 377. Certificate of death. 378. Registration of deaths occurring without medical attendance. 379. Duties of undertaker. 380. Duties of undertakers; interment within the state. 381. Interments. 382. Registration of births. 383. Certificate of birth. 384. Registration of name of child subsequent to filing of birth certificate. 385. Registration of physicians, midwives and undertakers. 386. Registration of persons in institutions. 387. Records to be kept by state commissioner of health. 388. Certified copies of birth certificates evidence of age. 389. District records to be kept by registrar. 390. Fees of registrar. * Two articles have been numbered XX by the Legislature. 246 The Public Health Law Section 391. Certified copies of records; state commis- sioner of health to furnish. 392. Penalties. 393. Enforcement. 394. Exemptions. § 370. Registration of births and deaths; duties of state department of health. The state department of health shall have charge of the registration of births and deaths, shall provide the necessary instructions, forms and blanks for obtaining and preserving such records, and shall procure the faithful registration of the same in each primary registration district as con- stituted by this article and in the division of vital sta- tistics at the capital of the state. The said department shall be charged with the uniform and thorough enforce- ment of this article throughout the state and shall from time to time recommend any additional legislation that may be necessary for this purpose. The public health council may establish such rules and regulations sup- plementary to the provisions of this article and not in- consistent therewith, as it may deem necessary from time to time, in relation to the registration of births and deaths. Such rules and regulations shall be ob- served by all authorities upon whom duties are imposed by this article in connection with the registration of births and deaths. § 371. Duties of state commissioner of health as to vital statistics. The state commissioner of health shall have general supervision of the division of vital statis- tics which shall be established by the department of health, and which shall be under the immediate direc- tion of a director to be appointed by the commissioner, who shall possess such qualifications as may be pre- scribed by the public health council. The state commis- sioner of health shall detail to the division of vital sta- tistics such clerical and other assistants as may be Vital Statistics 247 necessary to carry into effect the provisions of this act. The trustees of public buildings shall provide suitable offices in the capitol or elsewhere for the division of vital statistics, which shall be suitably equipped for the per- manent and safe preservation of all records received or made under the provisions of this act. § 372. Registration districts. The state shall be di vided into registration districts as follows: Each city, each incorporated village, and each town shall constitute a primary registration district, provided that the state commissioner of health may combine two or more pri- mary registration districts to facilitate registration. § 373. Registrar of vital statistics. In each primary registration district there shall be a registrar of vital statistics. Qualifications of registrars of vital statistics hereafter appointed shall be prescribed by the public health council. A local health officer shall be eligible for appointment as registrar of vital statistics and if so appointed and if receiving a salary equivalent to not less than fifteen cents per year per inhabitant of such registration district, he shall serve as registrar of vital statistics without additional remuneration therefor. In towns and villages the registrar of vital statistics shall be appointed by the town board and by the village board of trustees respectively; in the cities, unless otherwise provided by the charter, the registrar of vital statistics shall be appointed by the mayor. The term of office of a registrar of vital statistics, unless the charter of the city or village shall provide otherwise, shall be four years. Each registrar of vital statistics shall hold office until his successor shall have been appointed and shall have qualified. Any registrar of vital statistics who in the judgment of the state commissioner of health fails or neglects to discharge efficiently the duties of his office as set forth in this article, or to make prompt and complete return of births and deaths as required 248 The Public Health Law thereby, shall be forthwith removed by the state commis- sioner of health, and such other penalties may be im- posed as are provided by this article. Each registrar of vital statistics shall immediately upon his acceptance of appointment as such, appoint a deputy whose duty it shall be to act in his stead in case of his absence or inability, and such deputy shall in writing accept such appointment and be subject to all rules and regulations governing registrars. When it appears necessary for the convenience of the people in any rural district, the registrar is authorized, with the approval of the state commissioner of health, to appoint one or more suitable persons to act as sub-registrars, who shall be authorized to receive birth and death certificates and to issue burial or removal permits in and for such portions of the dis- trict as may be designated, and each such subregistrar shall note on each certificate over his signature the date of filing and shall forward all certificates to the local registrar of the district within three days, and in all cases before the third day of the following month; pro- vided, however, that each subregistrar shall be subject to the supervision and control of the state commissioner of health and may be by him removed for neglect or failure to perform his duty in accordance with the pro- visions of this act or the regulations of the public health council, and shall be subject to the same penal- ties for neglect of duty as the local registrar. § 374. Correction of defective registration. If defects be found in the registration under the supervision of a registrar of vital statistics, the state commissioner of health shall notify such registrar that such defects must be corrected within ten days of the date of the notice. If such defects are not so corrected the state commissioner of health shall take control of such registration and of the records thereof, and enforce the rules and regula- tions in regard thereto and secure a complete registra- Vital Statistics 249 tion in such district, and such control shall continue until the registrar of vital statistics shall satisfy the commissioner of health that he will make such record and registry complete as required by law and by the rules and regulations of the public health council. The expenses incurred by the state commissioner of health or his authorized representative while in control of such registration shall be a charge upon the city, town or village comprising the registration district. § 375. Permits for burial or removal of dead bodies. The body of any person whose death occurs in this state or which shall be found dead therein shall not be in- terred, deposited in a vault or tomb, cremated or other- wise disposed of or removed from or into any registra- tion district, or be temporarily held pending further disposition more than seventy-two hours after death, unless a permit for burial, removal, or other disposition thereof shall have been properly issued by the registrar of vital statistics of the registration district in which the death occurred or the body was found. No such burial or removal permit shall be issued by any regis- trar until, wherever practicable, a complete and satis- factory certificate of death has been filed with him as heretofore provided; provided that when a dead body is transported from outside of the state into a registra- tion district in this state for burial, the transit or re- moval permit issued in accordance with the law and health regulations of the place where the death occurred shall be given the same force and effect as the burial permit herein provided for. No registrar of vital sta- tistics shall receive any fee fo* the issuance of burial or removal permits under this act other than the com- pensation provided in this article. § 376. Registration of stillborn children. A stillborn child shall be registrated as a birth and also as a death, and senarate certificates of both the birth and the death 250 The Public Health Law shall be filed with the registrar of vital statistics in the usual form and manner, the certificate of birth to contain in place of the name of the child, the word "stillbirth;" provided, that a certificate of birth and a certificate of death shall not be required for a child that has not advanced to the fifth month of uterogesta- tion. The medical certificate of the cause of death shall be signed by the attending physician, if any, and shall state the cause of death as " stillborn ", with the cause cf the stillbirth, if known, whether a premature birth, and, if born prematurely, the period of uterogestation, in months, if known; and a burial or removal permit of the prescribed form shall be required. Midwives shall not sign certificates of death for stillborn children; but such cases, and stillbirths occurring without attendance of either physician or midwife shall be treated as deaths without medical attendance, as hereinafter provided in this article. § 377. Certificate of death. The certificate of death shall contain the following items, which are hereby de- clared necessary for the legal, social and sanitary pur- poses subserved by registration records. 1. Place of death, including state, county, township, village or city. If in a city, the ward, street and house number; if in a hospital or other institution, the name of the same to be given instead of the street and house number. If in an industrial camp, the name of the camp to be given. 2. Full name of decedent. If an unnamed child, the surname preceded by " unnamed ". 3. Sex. 4. Color or race — as white, black, mulatto (or other negro descent), Indian, Chinese, Japanese, or other. 5. Conjugal condition — as single, married, widowed nr divorced. 6. Date of birth, including the year, month, and day. Vital Statistics 251 7. Age, in years, months and days. If less than one day, the hours or minutes. 8. Occupation. The occupation to be reported of any person, male or female, who had any remunerative em- ployment, with the statement of trade, profession, or particular kind of work; general nature of industry, business or establishment in which engaged or employed. 9. Birthplace; at least state or foreign country, if known. 10. Name of father. 11. Birthplace of father; at least state or foreign country, if known. 12. Maiden name of mother. 13. Birthplace of mother; at least state or foreign country, if known. 14. Signature and address of informant. 15. Official signature of registrar, with the date when certificate was filed, and registered number. 16. Date of death, year, month and day. 17. Certification as to medical attendance on decedent, fact and time of death, time last seen alive, and the cause of death, with contributory, that is to say, second- ary cause of complication, if any, and duration of each, and whether attributed to dangerous or insanitary conditions of employment; signature and address of physician or official making the medical certificate. 18. Length of residence at place of death and in the state, together with the place where disease was contracted, if not at place of death, and former or usual residence. 19. Place and date of burial, cremation or removal. 20. Signature and address of undertaker or person in charge of the corpse. The particulars called for by items one to thirteen inclusive shall be authenticated by the signature of the informant, who may be any competent person acquainted with the facts. 252 The Public Health Law The statement of facts relating to the disposition of the body shall be signed by the undertaker or person in charge of the corpse. The medical certificates shall be made and signed by the physician, if any, last in attendance on the deceased, who shall specify the time in attendance, the time he last saw the deceased alive and the hour of the day at which death occurred. He shall further state the cause of death, so as to show the cause of disease or sequence of causes resulting in the death, giving first the name of the disease causing death, that is to say, the primary cause, and the contributory, that is to say, the secondary cause, if any, and the duration of each. Indefinite terms, denoting only symptoms of disease or conditions result- ing from disease, shall not be held sufficient for the issuance of a burial or removal permit. Any certificate stating the cause of death in terms which the state commissioner of health shall have declared indefinite, shall be returned to the physician or person making the medical certificate for correction and more definite statement. Causes of death which may be the result of either disease or violence shall be explicitly defined; and if from violence, the means of injury shall be stated, and whether apparently accidental, suicidal, or homi- cidal. For deaths in hospitals, institutions, or of non- residents, the physician shall supply the information required under Item 18, if he is able to do bo, and may state where, in his opinion, the disease was contracted. § 378. Registration of deaths occurring without med- ical attendance. In case of any death occurring with- out medical attendance, it shall be the duty of the undertaker or other person to whose knowledge the death may come to notify the local health officer of such death, and when so notified the health officer shall immediately investigate and certify as to the cause of death; provided that if the health officer has reason to believe that the death may have been due to unlawful Vital Statistics 253 act or neglect he shall then refer the case to the coroner or other proper officer for his investigation and certifica- tion. The coroner or other proper officer whose duty- it is to hold an inquest on the body of a deceased per- son, and to make the certificate of death required for a burial permit, shall state in his certificate the name of the disease causing death, or if from external causes, the means of death; whether probably accidental, suicidal or homicidal; and shall, in any case, furnish such infor- mation as may be required by the state commissioner of health in order properly to classify the death. § 379. Duties of undertaker. In each case the under- taker, or person having charge of the corpse, shall file the certificate of death with the registrar of the district in which the death occurred and obtain a burial or removal permit prior to any disposition of the body. He shall obtain the required personal and statistical particulars from a person qualified to supply them, over the signature and address of his informant. He shall then present the certificate to the attending phy- sician, who shall forthwith fill out and sign the medical certificate of death, or to the health officer or coroner, for the medical certificate of the cause of death and other particulars necessary to complete the record for the registration of deaths, as specified in this article, if no physician was in attendance upon the deceased. He shall then state the facts required relative to the date and place of burial, cremation or removal, over his sig- nature and with his address, and present the completed certificate to the registrar in order to obtain a permit for burial, removal or other disposition of the body. The undertaker shall deliver the burial permit to the person in charge of the place of burial, before interring or otherwise disposing of the body; or shall attach the removal permit to the box containing the corpse, when shipped by any transportation company; said permit to accompany the corpse to its destination, where if within 254 The Public Health Law the state of New York, it shall be delivered to the person in charge of the place of burial. § 380. Duties of undertakers; interment within the state. If the interment, or other disposition of the body is to be made within the state, the wording of the burial or removal permit may be limited to a state- ment by the registrar, and over his signature, that a satisfactory certificate of death, having been filed with him, as required by law, permission is granted to inter, remove or dispose otherwise of the body, stating the name, age, sex, cause of death, and other necessary details upon the form prescribed by the commissioner of health. § 381. Interments. No person in charge of any prem- ises on which interments or cremations are made shall inter or permit the interment or other disposition of any body unless it is accompanied by a burial, crema- tion or transit permit, as herein provided. Such person shall endorse upon the permit, the date of interment, or cremation over his signature, and shall return all permits so endorsed to the registrar of his district within seven days from the date of interment or cre- mation. He shall keep a record of all bodies interred or otherwise disposed of on the premises under his charge, in each case stating the name of each deceased person, place of death, date of burial or disposal, and name and address of the undertaker; which record shall at all times be open to official inspection; provided that the undertaker or person having charge of the corpse, when burying a body in a cemetery or burial ground having no person in charge, shall sign the burial or removal permit, giving the date of burial, and shall write across the face of the permit the words " No per- son in charge," and file the burial or removal permit within three days with the registrar of the district in which the cemetery is located. Vital Statistics 255 § 382. Registration of births. The birth of each and every child born in this state shall be registered within five days after the date of each birth, there shall be filed with the registrar of the district in which the birth occurred a certificate of such birth, which cer- tificate shall be upon the form prescribed therefor by the state commissioner of health. In each case where a physician, midwife or person acting as midwife, was in attendance upon the birth, it shall be the duty of such physician, midwife or person acting as midwife, to file said certificate. In each case where there was no physician, midwife, or person acting as midwife, in attendance upon the birth, it shall be the duty of the father or mother of the child, the householder or owner of the premises where the birth occurred, or the man- ager or superintendent of the public or private institu- tion where the birth occurred, each in the order named, within five days after the date of such birth, to report to the local registrar the fact of such birth. In such case and in case the physician, midwife or person acting as midwife in attendance upon the birth is unable, by diligent inquiry, to obtain any item or items of infor- mation required in this article, it shall then be the duty of the registrar to secure from the person so reporting, or from any other person having the required knowledge, such information as will enable him to prepare the certificate of birth herein required, and it shall be the duty of the person reporting the birth or who may be interrogated in relation thereto to answer correctly and to the best of his knowledge all questions put to him by the registrar which may be calculated to elicit any information needed to make a complete record of the birth as contemplated by this article, and it shall be the duty of the informant as to any statement made in accordance herewith to verify such statement by his signature, when requested so to do by the local registrar. 256 The Public Health Law § 383. Certificate of birth. The certificate of birth shall contain the following items, which are hereby de- clared necessary for the legal, social and sanitary pur- poses subserved by registration records. 1. Place of birth, including state, county, town, vil- lage or city. If in a city, the ward, street and house number; if in a hospital or other institution, the name of the same to be given, instead of the street and house number. 2. Full name of child. If the child dies without a name, before the certificate is filed, enter the words '* Died unnamed." If the living child has not yet been named at the date of filing certificate of birth, the space for " full name of child " is to be left blank, to be filled out subsequently by a supplemental report, as hereinafter provided. 3. Sex of child. 4. Whether a twin, triplet, or other plural birth. A separate certificate shall be required for each child in case of plural births. 5. For plural births, number of each child in order of birth. 6. Whether legitimate or illegitimate. 7. Date of birth, including the year, month and day. 8. Full name of father; provided, that if the child is illegitimate, the name of the putative father shall not be entered without his consent, but the other par- ticulars relating to the putative father may be entered if known, otherwise as " unknown." 9. Residence of father. 10. Color or race of father. 11. Age of father at last birthday, in years. 12. Birthplace of father; at least state or foreign country, if known. 13. Occupation of father. The occupation to be re- ported if engaged in any remunerative employment, Vital Statistics 257 with the statement of trade, profession, or particular kind of work; general nature of industry, business or establishment in which engaged or employed. 14. Maiden name of mother. 15. Residence of mother. 16. Color or race of mother. 17. Age of mother at last birthday, in years. 18. Birthplace of mother; at least state or foreign country, if know T n. 19. Occupation of mother. The occupation to be re- ported if engaged in any remunerative employment, with the statement of trade, profession, or particular kind of work: general nature of industry, business or establishment in which engaged or employed. 20. Number of children born to this mother, includ ing present birth. 21. Number of children of this mother living. 22. The certification of attending physician or mid- wife as to attendance at birth, including statement of year, month, day and hour of birth, and whether the child w r as born alive or stillborn. This certification shall be signed by the attending physician or midwife, with date of signature and address; if there was no physician or midwife in attendance, then by the father or mother of the child, householder, owner of the prem- ises, manager or superintendent of public or private institution where the birth occurred, or other com- petent person, whose duty it shall be to notify the local registrar of such birth. 23. Exact date of filing in office of local registrar, attested by his official signature, and registered number of birth, as hereinafter provided. § 384. Registration of name of child subsequent to filing of birth certificate. When any certificate of birth of a living child is presented without the statement of the given name, the local registrar shall make out and 9 258 The Public Health Law deliver to the parents of the child a special blank for the supplemental report of the given name of the child, which shall be filled out as directed, and returned to the local registrar as soon as the child shall have been named. § 385. Registration of physicians, midwives, and un- dertakers. Every physician, midwife and undertaker shall, on or before the day on which this article takes effect, register his or her name, address and occupation with the registrar of the district in which he or she resides, and shall so register in any district in which he or she may hereafter establish a residence; and shall thereupon be supplied by the registrar with a copy of this article, together with such rules and regulations as may be prepared by the public health council rela- tive to its enforcement. Within thirty days after the close of each calendar year each registrar shall make a return to the state commissioner of health of all physicians, midwives, or undertakers who have been registered in his district during the whole or any part of the preceding calendar year; provided, that no fee or other compensation shall be charged by registrars to physicians, midwives or undertakers for registering their name under this section or making returns thereof to the state commissioner of health. § 386. Registration of persons in institutions. All superintendents or managers or other persons in charge of hospitals, almshouses, lying-in or other institutions, public or private, to which persons resort for treatment of diseases or confinement, or to which persons are committed by process of law, shall make a record of all the personal and statistical particulars relative to the inmates in their institutions when this act takes effect; which are required in the forms of the certificate provided for by this article as directed by the state commissioner of health; and thereafter such record shall be by them made for all future inmates at the Vital Statistics 250 time of their admittance. In the case of persons ad- mitted or committed for treatment of disease, the phy- bician in charge shall specify for entry in the record, the nature of the disease, and where, in his opinion, it was contracted. The personal particulars and infor- mation required by this section shall be obtained from the individual himself if it is practicable to do so; and when they cannot be so obtained, they shall be obtained in as complete a manner as possible from relatives, friends, or other persons acquainted with the facts. § 387. Records to be kept by state commissioner of health. The state commissioner of health shall prepare, print, and supply to all registrars all blanks and forms used in registering, recording and preserving the re- turns, or in otherwise carrying out the purposes of this article, and shall prepare and issue such detailed instructions, not inconsistent with the regulation estab- lished by the public health council, as may be required to procure the uniform observance of its provision and the maintenance of a perfect system of registration; and no other blanks shall be used than those supplied by the state commissioner of health. He shall care- fully examine the certificates received monthly from the registrars, and if any such are incomplete or un- satisfactory he shall require such further information to be supplied as may be necessary to make the record complete and satisfactory. All physicians, midwives, undertakers, or informants, and all other persons hav- ing knowledge of the facts, are hereby required to supply, upon a form provided by the state 'commissioner of health or upon the original certificate, such informa- tion as they may possess regarding any birth or death upon demand of the state commissioner of health, in person, by mail, or through the registrar; provided, that no certificate of birth or death, after its acceptance for registration by the registrar, and no other record made in pursuance of this article, shall be altered or 260 The Public Health Law changed in any respect otherwise than by amendments properly dated, signed and witnessed. The state com- missioner of health shall arrange, and permanently pre- serve the certificates in a systematic manner, and shall prepare and maintain a comprehensive and continuous card index of all births and deaths registered; said index to be arranged alphabetically, in the case of deaths, by the names of decedents, and in the case of births, by the names of fathers or mothers if born out of wedlock. He shall inform all registrars what dis- eases are to be considered infectious, contagious, or communicable and dangerous to the public health, as decided by the public health council in order that when deaths occur from such diseases proper precautions may be taken to prevent their spread. § 388. Certified copies of birth certificates evidence of age. Certified copies of birth certificates, or of state- ments based on duly registered certificates of birth shall be accepted by public school authorities in this state as prima facie evidence of age of children, regis- tering for school attendance, and by the legally con stituted authorities as prima facie proof of age for the issuance of employment certificates, provided that when it is not possible to secure such certified copy of birth registration certificate for any child, the school authorities may accept as secondary proof of age any of the kinds of evidence specified in the labor law. § 380. District records to te kept by registrar. Each registrar shall supply blank forms of certificates to such persons as require them. Each registrar shall carefully examine each certificate of birth or death -Alien presented for record in order to ascertain whether or not it has been made out in accordance with the provisions of this act and the instructions of the state commissioner of health ; and if any certificate of death is incomplete or unsatisfactory, it shall be his duty to Vital Statistics 261 call attention to the defects in the return, and to with- hold the burial or removal permit until such defects are corrected. All certificates, either of birth or death, shall be written legibly, in durable black ink, and no Certificate shall be held to be complete and correct that '[oes not supply all of the items of information called for therein, or satisfactorily account for their omission. Tf the certificate of death is properly executed and com- plete, he shall then issue a burial or removal permit to the undertaker; provided, that in case the death occurred from some disease which is held by the public health council to be infectious, contagious, or com- municable and dangerous to the public health, no per- mit for the removal or other disposition of the body shall be issued by the registrar, except to an under- taker licensed under section two hundred and ninety- five of the public health law, under such conditions as may be prescribed by the state public health council. If a certificate of birth is incomplete, the local registrar shall immediately notify the informant, and require him to supply the missing items of information if they can be obtained. He shall number consecutively the certificates of birth and death, in two separate series, beginning with the number one for the first birth and the first death in each calendar year, and sign his name as registrar in attest of the date of filing in his office. He shall also make a complete and accurate copy of each birth and each death certificate registered by him in a record book supplied by the state commissioner cf health, to be preserved permanently in his office as the local record, in such manner as directed by the com- missioner of health. He shall, on the fifth day of each month, transmit to the state commissioner of health all original certificates registered by him for the preced- ing month. If no births or no deaths occurred in any month, he shall on the fifth day of the following month, 262 The Public Health Law report that fact to the state commissioner of health on a card provided for such purpose. § 39. Fees of registrar for the prompt and correct return and filing of birth and death certificates. Except as hereinbefore otherwise provided each registrar and each physician shall be paid the sum of twenty-five cents for each birth certificate properly and completely made out and registered and each death certificate properly and completely made out in accordance with the international list of causes of death and returned and filed with the registrar and correctly recorded and promptly returned by him to the state commissioner of health, as required by this act. And in case no births or no deaths were registered during any month, the local registrar shall be entitled to be paid the sum of twenty-five cents for each report to that effect, but only if such report be made promptly as required by this act. All amounts payable to the local registrar under the provisions of this article shall be paid by the municipality comprising the registration district, upon certification by the state commissioner of health and all amounts payable to physicians shall be certified to by the local registrar annually and paid to said physicians by said municipality. The state commissioner of health shall annually certify to the municipality the number of births and deaths properly registered, with the name of the local registrar and the amount due him at the rate fixed herein. (Am'd by L. 1915, ch. 385, in effect April 26, 1915.) § 391. Certified copies of records; state commissioner of health to furnish. The state commissioner of health may, upon request, supply to any applicant a certified copy of the record of any birth or death registered under the provisions of this act, for the making and certification of which he shall be entitled to a fee of one dollar, to be paid by the applicant; provided that the United States census bureau may obtain, without expense to the state, transcripts of certified copies of Vital Statistics 263 births and deaths without payment of the fee here prescribed, for use solely as statistical data. Any copy of the record of a birth or death, when properly certified by the state commissioner of health, shall be prima facie evidence in all courts and places of the facts therein stated. For any search of the files and records when no certified copy is made, the state com- missioner of health shall be entitled to a fee of fifty cents for each hour or fractional part of an hour of lime of search, said fee to be paid by the applicant. If any time within ten years of the birth, or one year of the death of any person within this state, a certified copy of the official record of said birth or death with the information required to be registered by this act, be necessary for legal, judicial, or other proper purposes, and, after search by the state commis- sioner of health, it should appear that no such certifi- cate of birth or death was made and filed as provided by this act, then the person asking for such certified copy may file a sworn statement, to be accompanied by the affidavits of two competent witnesses, as to the fact of birth or death, with as many particulars of the standard certificate supplied as possible, and the state commissioner of health shall file it and issue a certified copy thereof to said applicant without fee and without charge for time of search ; and the state commissioner of health shall immediately require the physician, or midwife, who, being in attendance upon a birth since the date of the taking effect of this act, failed or neglected to file a. certificate thereof or the undertaker, or other person who having charge of the interment or removal of the body of a deceased person since the date of the taking effect of this act, failed or neglected to file the certificate of death, if he or she be living, to obtain and file at once with the local registrar such certificate in as complete form as the lapse of time will permit, together with a fee of five dollars, 264 The Public Health Law which shall be transmitted to the state commissioner of health and accounted for as a fee for certified copies. With said certificate shall be filed the sworn statements and affidavits hereinabove mentioned. The delineuent physician, midwife, undertaker, or other person may also, in the discretion of the state commissioner of health be prosecuted as required by this article, and shall be prosecuted without bar from the statute of limitations, if he or she shall neglect or fail to file promptly the certificate required by this section as a substitute for the certificate not filed as required by this article, and to pay the filing fee provided for in this section. The state commissioner of health shall keep a true and correct account of all fees by him received under this section, and turn the same over to the state treasurer. § 392. Penalties. Any person, who for himself or as an officer, agent, or employee of any other person, or of any corporation or partnership, shall inter, cremate* or otherwise finally dispose of the dead body of a human being, or permit the same to be done, or shall remove said body from the primary registration district in which the death occurred or the body was found, with- out the authority of a burial or removal permit issued by the local registrar of the district in which the death occurred, or in which the body was found; or shall refuse or fail to furnish correctly any information in his possession, or shall furnish false information affect- ing any certificate or record, required by this article; or shall wilfully alter, otherwise than is provided by this article, or shall falsify any certificate of birth or death, or any record established by this article; or being required by this article to fill out a certificate of death and file the same with the local registrar, or deiiver it, upon request, to any person charged with the duty of filing the same, shall fail, neglect or refuse to perform Vital Statistics 265 such duty in the manner required by this article; or being a registrar, deputy registrar, or subregistrar, shall fail, neglect or refuse to perform his duty as required by this article and by the instructions and direction of the state commissioner of health thereunder, shall be deemed guilty of a misdemeanor and upon conviction thereof shall for the first offense be fined not less than five dollars nor more than fifty dollars and for each subsequent offense not less than ten dollars, or more than one hundred dollars or be imprisoned in the county jail not more than sixty days, or be both fined and imprisoned in the discretion of the court. Whenever any physician, midwife, or other person shall fail or neglect to properly record and file a certificate of birth as required by this article such person shall be liable to a penalty of not less than live dollars nor mere than fifty dollars for the first and second offenses, which penalty may be recovered by an action brought by the state commissioner of health in any court of competent jurisdiction, and for every subsequent offense, such person shall be guilty of a misdemeanor, punishable by a fine of not less than ten nor more than one hundred dollars, or by imprisonment for not more than sixty days, or both. (Anrd by L. 1916, ch. 58, in effect March 20, 1916.) § 393. Enforcement. Each registrar is hereby charged with the strict and thorough enforcement of the pro- visions of this article, in his registration district, under the supervision and direction of the state commissioner of health. He shall make an immediate report to the state commissioner of health of any violation of any provision of this article coining to his knowledge, by observation or upon complaint of any person, or other- wise. The state commissioner of health is hereby charged with the thorough and efficient execution of the pro- visions of this article in every part of the state, and is 266 The Public Health Law hereby granted supervisory power over registrars, deputy registrars, and subregistrars, to the end that all of its requirements shall be uniformly complied with. The state commissioner of health, either personally or by an accredited representative, shall have authority to investigate cases of irregularity or violation of law, and all registrars shall aid him, upon request, in such investigations. When he shall deem it necessary, he shall report cases of violation of any of the provisions of this article to the district attorney of the county, with a statement of the facts and circumstances; and when any such case is reported to him by the state commissioner of health, the prosecuting attorney shall forthwith initiate and promptly follow up the necessary court proceedings against the person or corporation responsible for the alleged violation of law. Upon request of the state commissioner of health, the attor- ney-general shall assist in the enforcement of the pro- visions of this article. (Added by L. 1913, ch. 619, in effect Jan. 1, 1914.) § 394. Exemptions. Nothing in this article shall be construed to affect, alter, or repeal laws now in foroe applying to the city of New York. (Added by L. 1913, ch. 619, in effect Jan. 1, 1914.) EXTRACTS From Affiliated and Inter-related Laws im- posing Specific Duties upon the State Health Department or its Representatives, or bearing upon the Provisions of the Public Health Law. EXTRACTS FROM AGRICULTURAL LAW (L. 1909, cli. 9 const, ch. 1 of Cons. Laws) § 30. Definitions. The term " butter " when used in this article means the product of the dairy usually- known by that term, which is manufactured exclusively from pure, unadulterated milk or cream or both with or without salt or coloring matter; and the term " cheese,'* when used in this article, means the product of the dairy usually known by that term, which is manufactured exclusively from pure, unadulterated milk or cream, or both, and with or without coloring matter, salt, rennet, sage, olives, pimentos, walnuts, peanuts, tomatoes, celery salt or onions added thereto as a flavor. And provided further, that when manufac- tured by adding to the elemental product of the dairy, usually known by the term " cheese," and manufactured exclusively from pure unadulterated milk or cream or both, any pimentos, olives, walnuts, peanuts, celery salt, tomatoes, or onions, that the percentage of all such sub- stances so added shall not exceed twenty-five per centum in bulk of the manufactured product. The terms " oleomargarine," " butterine," " imitation of butter," or " imitation cheese " shall be construed to mean any article or substance in the semblance of [267] 268 The Public Health Law butter or cheese not the usual product of the dairy and not made exclusively of pure or unadulterated milk or cream, or any such article or substance into which any oil, lard, or fat not produced from milk or cream enters as a component part, or into which melted but- ter or butter in any condition or state, or any oil thereof has been introduced to take the place of cream. The term '•' adulterated milk " when so used means : 1. Milk containing more than eighty-eight and one- half per centum of water or fluids. 2. Milk containing less than eleven and one-half per centum of milk sol.ds. 3. Milk containing less than three per centum of fats. 4. Milk drawn from cows within fifteen days before and live days after parturition. 5. Milk drawn from animals fed on distillery waste or any substance in a state of fermentation or putre- faction or on any unhealthy food. 6. Milk drawn from cows kept in a crowded or un- healthy condition; or milk produced or kept in insani- tary surroundings or in any environment or under any condition whatever that is inimical to its healthfulness or wholesomeness. 7. Milk from which any part of the cream has been removed. 8. Milk which has been diluted with water or any other fluid, or to which has been added or into which has been introduced any foreign substance whatever. All adulterated milk shall be deemed unclean, un- healthy, impure and unwholesome. The terms '* pure milk" or "unadulterated milk" when used singly or together, mean sweet milk not adulterated, and the terms " pure cream '' or " unadulterated cream " when used singly or together, mean cream taken from pure and un- adulterated milk. The term " adulterated cream " when used shall mean cream containing less than eighteen Extracts from Agricultural Law 269 per centum of milk fat or cream to -which any substance whatsoever has been added. (As amended by chapter 455 of the Laws of 1913.) § 31. Care and feed of cows, and care and keeping of the produce from such cows. No person shall keep cows, for the production of milk for market or for sale or exchange, or for manufacturing the milk or cream from the same into any article of food, in a crowded or unhealthy condition or in unhealthful or unsanitary surroundings and no person shall keep such cows or the product therefrom in such condition or surround- ings or in such places as shall cause or tend to cause the produce from such cows to be in an unclean, un- healthful or diseased condition, if the produce from from such cows is to be sold, oli'ered or exposed for sale upon the markets for consumption or to be manufac- tured into any food product, nor shall such cows or the produce therefrom be handled or cared for by any person suffering with or affected by an infectious or contagious disease, nor shall any such cows be fed on any substance that is in a state of putrefaction or fermentation, or upon any food that is unhealthful or that produces or may produce impure, unhealthful, diseased or unwholesome milk. But this section shall not be construed to prohibit the feeding of ensilage. The commissioner of agriculture is hereby empowered to give such instruction and impart such information as in his judgment may be deemed best to produce a full observance of the provisions of this section. (As amended by chapter 216 of the Laws of 1910.) § 32. Prohibiting the sale of adulterated milk, imita- tion cream and regulating the sale of certified milk. No person shall sell or exchange or offer or expose for sale or exchange, any unclean, impure, unhealthy, adulter- ated or unwholesome milk or any cream from the same, or any unclean, impure, unhealthy, adulterated, colored, or unwholesome cream, or sell or exchange, or offer or 270 The Public Health Law expose for sale or exchange, any substance in imita- tion or semblance of cream, which is not cream, nor shall he sell or exchange, or offer or expose for sale or exchange any such substance as and for cream, or sell or exchange, or offer or expose for sale or exchange any article of food made from such milk or cream or manufacture from any such milk or cream any article of food. No person shall sell or exchange, or offer or expose for sale or exchange, as and for cer- tified milk, any milk which does not conform to the reg- ulations prescribed by and bear the certification of a milk commission appointed by a county medical society organized under and chartered by the medical society of the state of Xew York and which has not been pro- nounced by such authority to be free from antiseptics, added preservatives, and pathogenic bacteria or bac- teria in excessive numbers. All milk sold as certified milk shall be conspicuously marked with the name of the commission certifying it. Any person delivering milk to any butter or cheese factory, condensary, milk gathering station or railway station to be shipped to any city, town or village shall be deemed to expose or offer the same for sale whether the said milk is deliv- ered or consigned to himself or another. Each and every ran thus delivered, shipped or consigned, if it be not pure milk, must bear a label or card upon which shall be stated the constituents or ingredients of the contents of the can. § 34. Penalty for delivery of adulterated milk. Any person, firm, association or corporation delivering any milk to any butter or cheese factory in violation of any of the provisions of this chapter shall forfeit and pay to the patrons, firm, association or corporation owning the milk delivered to such factory the sum of fifty dollars, to be recovered in a civil action by the person, firm, association or corporation entitled thereto. § 35-a. Fat tests of composite samples of milk. Corporations, associations or persons hereafter buying EXTEACTS FROM AGRICULTURAL LAW 271 milk from producers of milk to be paid for on the basis of the percentage of milk fat contained therein and for that purpose taking samples therefrom to form a com- posite sample to be tested periodically to determine its value on such basis, shall, at the request of the pro- ducer, take such samples in duplicate and subject them to the same treatment. At the end of the period for which the composite sample is being taken such cor- poration, association or person shall tender same to the producer thereof or to his authorized agent and give such producer, or his said authorized agent, the choice of one of the two composite samples so taken. Such producer is hereby permitted to send such duplicate composite sample so received to the head of the depart- ment of dairy industry of the college of agriculture at Cornell University within ten days from the receipt thereof, properly marked for identification, and shall accompany same with his name and post-office address. Such department head shall cause such sample to be tested for the per centum of milk fat and shall send a report of such test to the producer from whom it was received within ten days, or as soon thereafter as pos- sible. All tests made shall be by some person licensed by the commissioner of agriculture to make such tests, which said license shall be revocable by said commis- sioner of agriculture upon evidence of incompetency or inaccuracy. (Am'd by L. 1916, ch. 219, in effect April 15, 1916.) § 36. Branded cans, jars or bottles not to be sold, re-marked or used without consent of owner. No per- son shall hereafter without the consent of the owner or shipper, use, sell, dispose of, buy or traffic in any milk can, jar or bottle, or cream can, jar or bottle, belonging to any dealer or shipper of milk or cream residing in the state of New York or elsewhere, who may ship milk or cream to any city, town or place within this state, having the name or initials of the owner, dealer 272 The Public Health Law or shipper, stamped, marked or fastened on such can, jar or bottle, or wilfully mar, erase or change by re- marking or otherwise said name or initials of any such owner, dealer or shipper, so stamped, marked or fastened upon said can, jar or bottle. Nor shall any person with- out the consent of the owner use such can, jar or bottle, for any other purpose than for milk or cream ; nor shall any person without the consent of the owner place in any such can, jar or bottle, any substance or product other than milk or cream. 36-a. Any person owning milk cans, jars or bottles upon which he has placed or desires to place any designating mark may register the said designating mark with the commissioner of agriculture, who shall keep a record thereof, and he may also register with the commissioner of agriculture, from time to time, the number of such cans, jars or bottles which he has or is to have, which do or may bear such designating mark. Such cans, jars or bottles shall, after being registered, be numbered consecutively and such con- secutive numbers shall be registered in the department of agriculture, as above provided, with the designating mark. If any such can, jar or bottle, bearing such designating mark and one of the numbers in the serial shall be found in the possession of, and being used by any person other than the one so registering the same it shall be presumptive evidence of a violation of the provisions of the agricultural law, unless such person lias the consent of the owner thereof to so have and use the same. No person, except the original owner thereof, or a person duly authorized by him so to do, shall remove, deface or erase any of the marks upon the cans, jars or bottles herein provided for. V hen the commissioner of agriculture, or any person duly authorized by him, shall find any such cans, jars Extracts from Agricultural Law 27.*? or bottles, bearing the designating mark and number provided for, in the possession of or be.ng used by another person than the owner thereof, he may seize the same, and if evidence is not produced in three days showing that such person had been given permission to have or use such cans, jays or bottles, then they shall be delivered by the commissioner of agriculture, or his agents, to the person from whom taken, otherwise the commissioner of agriculture shall notify the owner of such cans, jars or bottles that he has the same and upon application deliver the same to such owner. (Added by L. 1916, ch. 216, in effect April 15, 1916.) § 37. Regulations in regard to evaporated or con- densed milk. No evaporated or condensed milk shall be made or offered or exposed for sale or exchange unless manufactured from pure, clean, healthy, fresh, unadulterated and wholesome milk from which the cream has not been removed either wholly or in part, or unless the proportion of milk solids shall be in quan- tity the equivalent of eleven and one-half per centum of milk solids in crude milk, and of which solids twenty- five per centum shall be fats. No person shall manu- facture, sell or offer for sale or exchange in hermeti- cally sealed cans, any condensed milk unless put up in packages upon which shall be distinctly labeled or stamped the name of the person or corporation by whom made and the brand by which or under which it is made. When evaporated or condensed milk shall be sold from cans or packages not hermetically sealed, the producer shall brand or label the original cans or packages with the name of the manufacturer of the milk contained therein ; provided, however, that un- sweetened evaporated or condensed milk, sold or offered for sale in containers not hermetically sealed, shall con- tain at least ten per centum of milk fats. (Am'd by L. 1916, ch. 144, in effect April 6, 1916.) 274 The Public Health Law § 45. Unclean receptacles and places for *keping milk; notice to violators of provisions. No person, firm, association or corporation, producing, buying or receiv- ing milk for the purpose of selling the same for con- sumption as such, or for manufacturing the same into butter, cheese, condensed milk, or other human food, shall keep the same in utensils, cans, vessels, rooms, or buildings that are unclean or have unsanitary sur- roundings or drainage or in any condition whatsoever that would tend to produce or promote conditions fav- orable to unhealthfulness or disease. The commissioner of agriculture shall notify all persons, firms, associa- tions or corporations, violating this section, to clean said utensils, cans, vessels, rooms or buildings, or to so improve the sanitary conditions that the law will not be violated, and if such notice is complied with in ten days' time, Sundays excepted, then no action shall lie for a violation of this section. Any person having charge of any milk gathering station where milk is received from the dairymen for the purpose of selling the same for consumption or shipping the same to mar- ket for consumption as human food before taking such charge or operating or working as such agent or person in charge shall apply to the commissioner of agricul- ture for a license to so work or operate or have charge, and shall at the time of making such application, file with the commissioner a statement under oath, setting forth the fact that he will not while having charge of or operating any such milk gathering establishment or while employed therein adulterate or suffer or permit the adulteration of any such milk or any product there- of during the term for which he may be licensed. After the applicant shall have complied with the foregoing provisions of this section, the commissioner of agricul- ture upon being satisfied that the applicant is a persoi) * So in original. Extracts from Agricultural Law 275 of good moral character and a qualified and proper per- son to so have charge of or operate any such milk gathering station or establishment shall issue to said applicant a license, which shall qualify him to have charge of any such milk gathering station or estab- lishment for the period of two years from the date of such license; provided, however, that where milk is to be bought from the dairymen at any such milk gathering station by the proprietor, person in charge or any agent of the proprietor of such station, such license shall be only for a period of one year, as pro- vided in sections fifty-five to sixty-four, inclusive, of this article, and the matter required to be set forth in the application for a license under the provisions of this section shall be set forth in the application provided for in sections fifty-five to sixty- four in addition to the matters therein required. The person regularly doing the work of receiving, caring for and shipping the milk at any station or establishment, or in case more than one person is so employed then the foreman in charge of such works shall be deemed to be a person in charge of such station or establishment within the meaning and purposes of this section. Such license certificate shall be kept at such station or establishment where the license is so employed and shall be open to the inspection of the representatives of the department of agriculture and the public. Any person having charge of any milk gathering station or establishment as afore- said shall keep a true and correct monthly record of the receipts of milk or other dairy products received at such station or establishment, and also a true and correct monthly record of all sales or shipments of milk, cream or other dairy products shipped or sold from such station or establishment, and shall also keep a true and correct monthly record of the amount of skim milk produced in such station or establishment and of the disposition of said skim milk. Such record shall be preserved at such station or establishment for 276 The Public Health Law at least two years after the same shall have been made and such records shall at all times be open to the in- spection of the commissioner of agriculture, his assis- tants or agents. When cream is sold or shipped from any such station or establishment so selling or ship- ping milk for consumption as aforesaid, each original bottle or package of one quart or less of cream so shipped or sold shall bear a label securely attached to the side of such bottle or package on which shall be conspicuously printed the word " cream " in black letters of at least one-fourth of an inch in length or else the word " cream " shall be blown in the side of such bottle in plain raised letters of at least one-half an inch in length, and the top and side of each and every other original package or can containing cream or original crate or case containing bottles of cream so shipped or sold shall bear a label securely attached on which shall be conspicuously printed the word " cream " in black letters of at least one inch in length and also a plainly written or printed statement on the label stating from whom and what station the same is shipped and the name of the consignee and point of destination and the date on which the cream therein was produced by such separation or skimming. The shipment of eacli and every such original package of cream so shipped and not so labeled as herein required shall constitute a separate violation. When cream is so separated or skimmed from milk at any such station or establish- ment and the supply of milk on hand thereat at the time of the next regular daily shipment of milk there- from, consisting of the total amount of milk in such shipment, together with that remaining on hand im- mediately after such shipment, is not thereby decreased or correspondingly less than the total quantity received during any period extending from some point of time before such skimming was done until the time of such shipment, together witli the amount of milk on hand Extracts from Agricultural Law 277 at the commencement of such period, and such decrease is not equal in amount to the quantity of milk that must have been used in so separating such cream in add t:on to the quantity otherwise there used or dis- posed of during such period, such fact is conclusive that skim milk or other foreign substance was added to such milk supply within such period and shall be presump- tive evidence within the meaning of this section that the same was added to each can or vessel of milk in such shipment. When cream or skim milk is found to have been on the premises of any such station or establishment or is sold cr shipped therefrom, such cream or skim milk so found or so sold or shipped there- from shall be presumed to have been produced by sepa- rating or skimming at such station or establishment. In any action or proceeding relative to the adulteration of milk by removing cream therefrom or adding skim milk or other foreign substance thereto, it shall be presumed that when cream has been produced by so skimming or separating or butter has been manufac- tured, there was made at least five quarts of milk in the production of each quart of cream so produced and there was necessarily so produced thereby at least four quarts of skim milk to each quart of cream so pro- duced, and that there was used at least nine quarts of milk in the production of each pound of butter so man- ufactured. If any such person so duly licensed shall thereafter refuse or neglect to keep and preserve full and complete records as herein- required or shall refuse to exhibit such records to the commissioner of agricul- ture, his assistants or agent 3 or shall violate any of the provisions of this section or any of the provisions of this chapter relative to milk or the products thereof he shall forfeit his license and shall be disqualified for a period of five years from being again licensed by the commissioner of agriculture. (As amended by chapter 408 of the Laws of 1913.) 278 The Public Health Law 46. Unsanitary cans and receptacles condemned. All cans or receptacles used in the sale of milk, cream or curd for consumption, or in transporting or shipping the same to market or the delivery thereof to pur- chasers for consumption as human food, when found by the commissioner of agriculture or his assistants or agents to be in unfit condition to be so used by rea- son of being worn out, badly rusted, or with rusted inside surface, or unclean or unsanitary or in such condition that they can not be rendered clean and sani- tary by washing, and will tend to produce or promote in milk, cream or curd when contained therein, bad flavors, unclean or unwholesome conditions favorable to unhealthfulness or disease, shall be condemned by the commissioner of agriculture or his assistants or agents. Every such can or receptacle when so condemned shall be marked by a stamp, impression or device, designed by the commissioner of agriculture, showing that it has been so condemned, and when so condemned shall not thereafter be used by any person for the pur- pose of so selling, transporting or shipping milk, cream or curd. § 47. Receptacles to be cleansed before returning; receptacles may be seized; evidence; violation; milk can inspectors. Whenever any can or receptacle is used for transporting or conveying milk, cream or curd to market for the purpose of selling or furnishing the same for consumption as human food, which can or receptacle, when emptied, is returned or intended to be returned to the person so selling, furnishing or ship- ping such substance to be again thus used, or which is liable to continued use in so transporting, conveying selling or shipping such substance as aforesaid, the con- sumer, dealer or consignee using, selling or receiving the milk, cream or curd from such can or receptacle, shall, before so returning such can or receptacle remove all substances foreign to milk therefrom, by rinsing with Extracts from Agricultural Law 279 water or otherwise. When any such milk, cream or curd is sold within any city of this state or shipped into any such city, the fact of such shipment or sale shall be prima facie evidence that the same was so shipped or sold for consumption as human food. When any such can or receptacle is returned or delivered or shipped to any person or creamery so selling such sub- stance within, or shipping the same into such city, it is deemed that such can or receptacle is liable to such continued use in so selling or shipping such substance therein for consumption as human food within the meaning and purposes of this section and section forty- six. No person shall place or suffer to be placed in any such can or receptacle any sweepings, refuse, dirt, litter, garbage, filth or any other animal or vegetable sub- stance, nor shall any such consignee or other person through himself, his agent or employee, bring or deliver to any person or railroad or other conveyance any such can or recep.tacle for the purpose of such return, or any milk, cream or curd can or receptacle for the pur- pose of delivery or shipment to any person or cream- ery engaged in so selling or shipping such substances for consumption as human food, which can or recep- tacle contains such foreign substance or which has not been rinsed as herein provided. The word " curd " as used in this section and section forty-six applies to the substance otherwise known as " pot cheese " or " cottage cheese.'' Whenever any such can or receptacle is used, returned, delivered or shipped in violation of this section, or of section forty-six of this chapter, every such use, return, delivery or shipment of each such can or receptacle shall be deemed a separate violation thereof. Such cans or receptacles so used, returned, delivered or shipped in violation of this sec- tion or of section forty-six may be seized by the com- missioner of agriculture, his assistants or agents and held as evidence of such violation. For the proper 280 The Public Health Law enforcement of this section and section forty-six, the commissioner of agriculture may appoint two milk can inspectors to be stationed chiefly in the city of New York who shall receive the usual compensation of other agents of the department of agriculture. (As amended by chapter 608 of the Laws of 1911.) § 52. Penalties. Every person violating any of the provisions of this chapter, shall forfeit to the people of the state of New York the sum of not less than fifty dollars nor more than one hundred dollars for the first violation and not less than one hundred dol- lars nor more than two hundred dollars for the second and each subsequent violation. When such violation consists of the manufacture or production of any pro- hibited article, each day during which or any part of which such manufacture or production is carried on or continued, shall be deemed a separate violation. When the violation consists of the sale, or the offering or exposing for sale or exchange of any prohibited article or substance, the sale of each one of several packages shall constitute a separate violation, and each day on which any such article or substance is offered or ex- posed for sale or exchange shall constitute a separate violation. When the use of any such article or sub- stance is prohibited, each day during which or any part of which said article or substance is so used or fur- nished for use, shall constitute a separate violation, and the furnishing of the same for use to each person to whom the same may be furnished shall constitute a separate violation. Whoever by himself or another violates any of the provisions of articles three, four, six, eight and nine or sections three hundred and four- teen and three hundred fifteen of this chapter or of sections one hundred six, one hundred seven and one hundred right of this chapter shall be guilty of a mis- demeanor, and upon conviction shall be punished by a fine of not less than fifty dollars, nor more than two Extracts from Agricultural Law 281 hundred dollars, or by imprisonment of not less than one month nor more than six months or by both such fine and imprisonment, for the first offense; and by six months imprisonment for the second. * § 64-a. Tuberculin, issuing certificates relative to tuberculin tested cattle, branding of tuberculous ani- mals. Any person using or injecting tuberculin into bovine animals for the purpose of determining whether they are affected with the disease known as tuberculosis, shall take the temperatures of such animals before, during and after such injections, according to the most approved methods, shall keep a correct record of such temperature so taken and shall send a report within one week thereafter to the commissioner of agriculture giving a detailed account of the tests thus made, in- cluding the description of animals, the location of the farm or farms upon which tests were made and the name and address of the owner or custodian, and such other information concerning the use of tuberculin as may be called for by the commissioner of agriculture. A report of each such test so made shall be accom- panied by a statement of the owner or person in charge giving the date upon which the said animals were last tested, if at all, and if known, with tuberculin, and the name and address of the person or persons making such test. If no such test has been made within four weeks, or if the animals were not treated in any manner for the purpose of preventing their normal reaction to tuberculin, then the report shall be accom- panied by a statement setting forth such facts and the said statement shall be duly verified by the person making such statement. No person shall give a certifi- cate showing or tending to show that an animal has * This fection erroneously numbered 64-a; apparently intended to follow 5 95, which wii § 51 of former Agricultural Law. 282 The Public Health Law been tested and found not affected with tuberculosis, unless the character of such test is stated and it was made in a proper way, and unless such animals failed to give a typical reaction. Any bovine animal in which tuberculosis is clearly diagnosed by a physical exami- nation or a tuberculin test, or both, shall be branded upon the forehead or upon the right side of the neck from six to ten inches back of the jaw bone with a capital " T " not less than two inches high, one and one-half inches wide, with mark one-fourth of an inch wide; such branding shall not be construed as cruelty to animals within the meaning of the penal law; how- ever, any animal which has reacted to the tuberculin test and appears physically sound may be retained for breeding or dairy purposes without such branding, provided a full description of such animal, sufficient for its identification and satisfactory to the commis- sioner of agriculture, is furnished to the commissioner of agriculture and a permit from said commissioner is issued for keeping such animal in such manner. Such permit shall not be issued except upon the con- dition that the animal will thereafter be kept in a proper manner with regard to the protection of the public health and the health of other animals, and no such animal shall be sold or removed from the prem- ises without written permission from the commissioner of agriculture, and all such animals shall be accounted for by the owner or custodian whenever called by the commissioner of agriculture to do so. All tuberculin sold, given away or used within this state, shall bear a label stating the name and address of the person or firm or institution making it and the date of prepa- ration. All persons selling or giving away tuberculin shall report to the commissioner of agriculture the amount of tuberculin sold or given away, the degree of strength, the name and address of the person to whom sold or given and the date of delivery; said report shall Extracts from Agricultural Law 283 include the address of and be signed by the person making it. Persons buying or procuring tuberculin shall not use or dispose of it until assured in writing by the person from whom the tuberculin is received that its delivery to said person has been reported to the commissioner of agriculture or unless they have themselves reported its receipt to the commissioner of agriculture with information required to be furnished by those who distribute tuberculin, and such persons buying or procuring tuberculin shall keep a correct record of the amount received, the amount used and the amount on hand and shall report these facts when- ever any tuberculin is used, and if at any time tuber- culin left on hand is not deemed fit for use or is not to be used, the said person shall forward the same to the commissioner of agriculture with a statement of where and when procured, the amount procured at the time, the amount of it that was used, and his name and address. If the amount forwarded to the com- missioner of agriculture and the amount used does not total the amount procured or purchased a statement shall be made as to what became of the remainder. No person or persons shall treat any bovine animal with any material or substance nor in any manner for the purpose of preventing a normal reaction on the part of such animal to the tuberculin test. No person shall knowingly sell or offer for sale any animal that has reacted to the tuberculin test, without giving informa- tion of such reaction to the purchaser. No animal that has reacted to the tuberculin test shall be sold or removed from the premises where the test was made without permission in writing from the commissioner of agriculture. Any veterinary surgeon violating any of the provisions of this section shall, in addition to the penalties and fines prescribed in the agricultural law, forfeit his certificate to practice and thereafter 284 The Public Health Law be debarred from practicing his profession within the state of New York until such disability is legally removed. (As added by chapter 588 of the Laws of 1909.) Local boards of health must notify commissioner of agriculture of communicable diseases of domestic animals. § 90. Suppression of infectious and contagious dis- eases. Xo person shall knowingly bring any domestic aniinal into this state which is suffering with an infec- tious or contagious disease. Any person knowingly bringing a domestic animal suffering with an infectious or contagious disease into this state shall be liable to and shall pay all damages, suffered or caused by the spreading of such disease, to the owner or owners of animals to which such disease is imparted by such ani- mal or animals so brought in, as liquidated damages in addition to the penalties to the state of New York, as provided in section fifty-two of the agricultural law; provided that nothing herein contained shall be construed to prevent or make unlawful the transportation of such animals through this state on railroads or boats. Any person bringing into the state such animals which arc used for breeding, feeding or dairy purposes without tak- ing due precaution to ascertain whether such animals are suffering with such a disease shall be presumed to have brought them in knowingly and in violation of the statute. Under the foregoing provisions of this section, uny animals, received from outside the state and dis- tributed under the supervision of the United States department of agriculture or the state department of agriculture and for which a permit or certificate has been issued by either of said departments, shall be deemed fco have been handled with due precaution. Whenever any infectious or contagious disease affecting domestic animals shall exist, be brought into or break out in this state the commissioner of agriculture shall take Extracts from Agricultural Law 285 measures to promptly suppress the same, and to prevent such disease from spreading. The local boards of health shall notify the commissioner of the existence of infec- tious or contagious disease affecting domestic animals in the districts subject to their jurisdiction. Any person importing or bringing into this state neat cattle for dairy or breeding purposes shall report immediately upon bringing such cattle into the state to the commis- sioner of agriculture in writing, giving a statement of the number of cattle thus brought in, the place where they were procured, the lines over which they were brought and their point of destination within the state, stating when they will arrive at such point of destina- tion, and upon the filing with the commissioner of agriculture at the time of making the said report, a certificate issued by a duly authorized veterinary prac- titioner, to the effect that he has duly examined said animals and that said animals are free from any infec- tious or contagious disease, the commissioner of agri- culture may issue a permit to said person to remove said cattle immediately. Otherwise, said person shall hold or detain such animals at least ten days at such point of destination for inspection and examination, pro- vided they are not sooner examined or inspected, by the commissioner of agriculture or his duly authorized agent. Each animal brought into the state in violation of the above provisions shall constitute a separate and distinct violation of this chapter. The provisions of this section, relating to the importation of neat cattle for dairy or breeding purposes, shall not apply to cattle imported into this state at a point where there is federal inspection, so far a3 the same shall relate to making advance reports to the commissioner of agriculture. But parties importing or receiving such cattle at such places shall give such information to the commissioner of agriculture a3 he may from time to time request relative to such cattle so imported or brought in. (Am'd by 2 SO Ttie Public Health Law L. 1909. ch. 240, and L. 1909. ch. 312, in effect May 8, 1900.) 8 !»4. Care of diseased animals; experiments. If after examination an animal is, in the judgment of the person making the examination, suffering from tuber- culosis, such animal shall be slaughtered under the provisions of this article, or. if the commissioner deems that a due regard for the public health warrants it, he mar enter into a Avritten agreement with the owner, subject to such conditions as the commissioner of agri- culture may prescribe, for the separation and quaran- tine of such diseased animal or animals. Subject to the regulation of the department of agriculture, such diseased animal or animals may continue to be used for breeding purposes and itr. or their milk, after pasteurization at one hundred and eighty-five degrees Fahrenheit, may be used for the manufacture of butter or cheese or for sale. The young of any such diseased animal or animals shall, immediately after birth, be separated from their mothers, but may be fed the milk drawn from such affected animal or animals so sepa- rated and quarantined after such milk has been pas- teurized as herein provided. The owner of a herd of cattle, within the state, may apply to the commissioner of agriculture for examination of his herd by the tuber- culin test: said application to be in writing upon a blank form provided by the commissioner of agriculture and to include an agreement on the part of the owner or owners of the herd to improve faulty sanitary con- ditions; to disinfect his premises, should diseased cattle be found, and to follow instructions of the commis- sioner of agriculture designed to prevent the reinfec- tion of the herd and to suppress the disease or prevent the spread thereof. The commissioner of agriculture shall, as soon as practicable, cause such cattle to be examined accordingly, subject to the provisions of this Extracts from: Agricultural Law 287 hapter. When the commissioner deems that the con- ditions warrant it he may make and issue to such owner a certificate that upon such examination such herd was found free from tuberculosis or that the owner has complied with the provisions of this section by causing all affected; animals to be separated from the herd and quarantined as provided herein subject to the regulations of the department of agriculture. The commissioner of agriculture may determine the place of slaughter of an animal to be killed under the provisions of this chapter. The commissioner may experiment or cause such experiments to be made or performed as he may deem necessary to ascertain or determine the best methods or means for the control, suppression or eradication of communicable or infec- tious disease or diseases affecting domestic animals. Xo person shall sell any animal known to have a communicable or infectious disease except for immediate slaughter unless such sale be made under a written contract signed by both parties specifying the disease with which such animal is infected, a copy of which shall be filed in the office of the commissioner of agriculture. No person shall knowingly inject into any bovine animal as and for tuberculin any substance which is not tuberculin. § 05. Employment of veterinary surgeons. The com- missioner may employ such and so many medical and veterinary practitioners and such other persons as he may, from time to time, deem necessary to assist him in discharging the duties imposed upon him by this article, and may fix their compensation, to the amount appropriated therefor. No animal shall be destroyed by the commissioner or by his order on the ground that it is a diseased animal, unless first examined by a veterinary practitioner in the employ of the commis- sioner or whose work is approved by the commissioner, nor until such practitioner renders a certificate to the 288 The Public Health Law effect that he has made such examination, that in his judgment such animal is affected with a specified infec- tious or contagious disease, or that its destruction is necessary in order to suppress or aid in suppressing such disease, or to prevent such disease, or to prevent the spread thereof, specifying the reasons for such necessity. (As am'd by chap. 316 of the Laws of 1909.) Regulations by state commissioner of agriculture for the suppression among domestic animals of communi- cable diseases, especially of rabies. § 96. Regulations, the enforcement thereof and ex- penses incurred by sheriff. The commissioner may pre- scribe such regulations as in his judgment may be thought suited for the suppression or the prevention of the spread of any such disease, and for the disinfection of all premises, buildings, rail- way cars, vessels, and other objects from or by means of which infection or contagion may take place or be conveyed. He may alter or modify, from time to time, as he may deem expedient, the terms of all notices, orders and regulations issued or made by him, and may at any time cancel or withdraw the same. He may call upon the sheriff, under sheriff or deputy sheriff, to carry out and enforce the provisions of any notice, order or regulation which he may make, and all such sheriffs, under sheriffs and deputy sheriffs shall obey and observe all orders and instructions which they may receive from him in the premises. In all counties, the expenses incurred by the sheriff, under sheriff or a deputy sheriff in carrying out and enforcing the provisions of such notice, order or regulation shall be a county charge, to be audited and paid in the same manner as other charges by the sheriff, under sheriff or deputy sheriff, including in this requirement any county affected by a local or special act relating to the sums payable by the county for compensation or disbursements, or both, to its sheriff, under sheriff or any deputy sheriff; Extracts from Agricultural Law 2S0 and no such local or special act shall be effectual to prevent the payment of the expenses herein made a county charge over and above any other sum or sums, fixed or otherwise, provided in such act to be paid by the county to the sheriff, under sheriff or deputy sheriffs for compensation or to cover expenses, or both, and not- withstanding any provision of any such act relieving the county from charges imposed by law which are incurred by its sheriff, under sheriff or a deputy sheriff. If the commissioner shall lay a quarantine upon a city or any portion thereof he may call upon the commis- sioner of public safety and the police department of said city to enforce the provisions of any notice, order or regulation which he may make within the quarantine district or such portion thereof as lies within the city limits, and the commissioner of public safety and the police department shall obey and observe all such orders and instructions so made or issued, and all expenses incurred by the commissioner of public safety and the police department in enforcing the quarantine as herein provided shall be a city charge. If the commissioner shall quarantine any particular district or territory for the purpose of stopping or preventing the spread of the disease known as rabies, and if any dog be found within the said quarantine district in violation of said quaran- tine or regulation, any person may catch or cause to be caught such dog and have him impounded or confined. If the said dog is thereafter not found to be affected with the disease known as rabies, it may be released to the owner upon payment of a penal sum of ten dollars to the commissioner of agriculture, who shall upon receipt and acceptance of the same issue to the said owner a release which shall entitle the said owner to the possession of said dog. If such penalty is not paid within three days after said dog is impounded, or if it is found impracticable after reasonable effort to catch 10 290 The Public Health Law and impound such dog within the said quarantine dis- trict in violation of said quarantine or regulation, or to find the owner of a dog so impounded, then any per- son may kill or cause to be killed such dog and shall not be held liable for damages for such killing. For the purpose of enforcing the provisions of this article the commissioner of agriculture, his appointees and em- ployees shall be considered as peace officers and shall have all the rights and powers of peace officers. (Am'd by L. 1909, chap. 352; L. 1910, chap. 437, and L. 1911, chap. 255, in effect June 6, 1911.) ^ i)7. Fines and penalties. Any person violating, dis- obeying or disregarding the term of any notice, order or regulation issued or prescribed by the commissioner under this article shall forfeit to the people of the state the sum of not less than fifty dollars nor more than one hundred dollars for every such violation. Any person violating, disobeying or disregarding the terms of any notice, order or regu- lation issued or prescribed by the commissioner under tins article shall be guilty of a misdemeanor and shall be fined not less than fifty dollars nor more than one hundred dollars for each separate offense or by imprison- ment of not less than one month nor more than six months, or by both such fine and imprisonment, except that in the case of rabies he shall be fined not less than ten dollars nor more than one hundred dollars for each offense or by imprisonment of not less than one month *not more than six months, or by both such fine and imprisonment. (Am'd by L. 1909, chap. 352; in effect A [ay 15, 1909.) § 98. Bureau of veterinary service; chief veteri- narian; appraisers. There is hereby established in the * So in original. Extracts from Agricultural Law 291 department of agriculture a bureau of veterinary serv- ice. The bureau shall be in charge of a chief veteri- narian, who shall be an experienced veterinarian ap- pointed by the commissioner of agriculture. He shall receive an annual salary of three thousand dollars and all necessary traveling and other expenses incurred in the performance of his duties. Such chief veterinarian or other veterinarians employed by the commissioner shall have all the powers of an appraiser of condemned animals under this article. The chief veterinarian shall, under the direction of the commissioner of agri- culture, have general charge of the enforcement of the provisions of this article, and shall collect and dissemi- nate through farmers' institutes or otherwise, as the commissioner may direct, information and statistics in relation to the diseases of domestic animals, the proper care and sanitation of stables and other buildings used for the stabling of farm animals for the purpose of preventing the existence and spread of infectious and contagious diseases, the methods of feeding, the methods of improving the breed or milking qualities of cattle, and such other matters as the commissioner may direct. All veterinarians in the state shall immediately report to the commissioner of agriculture the existence among animals of any hifectious or communicable disease eoming to their knowledge. The report shall be made in writing and shall include a description of the dis- eased animal or animals, the name and address of the owner or person in charge of the animal, if known, and a statement as to the location of the animal. No per- son shall conceal or attempt to conceal any animal suf- fering from an infectious or communicable disease so that the same shall not come to the knowledge of the commissioner of agriculture. The commissioner of agriculture may appoint and at pleasure remove two confidential agents at salaries not to exceed eighteen hundred dollars, to be fixed by the commissioner, to 29£ Thb Public Health Law assist m carrying out the provisions of this article. He may appoint and at pleasure remove one state ap- praiser of condemned animals, who shall be a person of experience and well acquainted with the value of farm animals; and shall receive an annual salary of fifteen hundred dollars, and all necessary traveling and other expenses incurred in the performance of his duties. The commissioner of agriculture may employ from time to time such additional appraisers of condemned animals as the work of his department may necessitate, who shall receive compensation at the rate of five dollars per diem and all traveling and other expenses necessarily incurred while engaged in the performance of their duties. § 99. Appraisal of diseased animals. An appraiser shall determine the value of each animal directed to be slaughtered. Such value shall be the market value of such animal at the time of making the appraisement, but the appraisal value of each bovine animal shall not exceed the sum of one hundred and twenty-five dollars, provided however that the appraised value shall not exceed the sum of seventy-five dollars, except for regis- tered thoroughbred animals, and the appraisal of each equine animal shall not exceed the sum of one hundred and twenty dollars. If the value of the condemned animals determined by the appraiser is not satisfactory to the owner of such animals, the value shall be deter- mined by arbitrators, one to be appointed by the state appraiser and one by the owner of the animals. If sucb arbitrators are not able to agree as to the value of the animals, a third arbitrator shall be appointed by them. The value determined by such arbitrator shall not exceed the limits established by this article and, after approval by the commissioner of agriculture, shall be final. The arbitrators selected by the owner of the animals shall be paid by the said owner, the other arbitrator or arbitrators shall b» paid by the EXTEACTS FROM AGRICULTURAL LAW 2D3 state at a rate of compensation not to exceed five dollars per day and necessary expenses. Such ap- praiser of condemned animals and the arbitrators ap- pointed under this section may administer oaths to and examine witnesses. (As am'd by chap. 314 of the Laws of 1909 and by chap. 670 of the Laws of 1910.) § 100. Certificate of appraisal. The appraiser shall execute and deliver to the owner of the condemned animals a certificate verified by him stating the ap- praised value of such animals; if such value was determined by arbitrators, there shall be attached to such certificate a statement of the value so determined, signed and verified by at least two of the arbitrators. The form and contents of such certificates shall be pre- scribed by the commissioner of agriculture. § 101. Post-mortem examination of animals. All animals suspected of being tuberculous or glandered, and killed therefor, shall be examined by a medical or veterinary practitioner designated by the commissioner for the purpose of determining whether or not such disease existed in such animals. There shall be attached to the certificate of appraisal, a statement of the result of such examination, describing the animals found to be tuberculous or glandered and those which were found not to be tuberculous or glandered. The form of such statement shall be prescribed by the commissioner of agriculture. Such statement shall be verified by the veterinary or medical practitioner making the examina- tion. (As am'd by chap. 314 of the Laws of 1909.) § 102. Compensation of owners of animals destroyed. The actual appraised value at the time they are killed of all animals killed under the provisions of this article, which shall be found upon a post-mortem examination not to have had the disease for which they were killed, unless the same were killed on account of the violation of quarantine regulations, shall be paid to the owners of such animals. If such animals ax« found, 294 The Public Health Law upon post-mortem examination, to have been suffering from glanders then they shall be paid for in the manner following: If an animal has glanders, not manifest by clinical symptoms, the owner thereof shall be. paid eighty per centum of the appraised value. If the ani- mal has glanders showing clinical symptoms, the owner thereof shall be paid therefor fifty per centum of the appraised value. If such animals are found upon post- mortem examination to have been suffering from tuber- culosis, then they shall be paid for in the manner fol- lowing, to wit: If an animal has localized tubercu- losis, the owner thereof shall be paid eighty per centum of the appraised value. If the animal has generalized tuberculosis, the owner thereof shall be paid therefor fifty per centum of the appraised value, but no ani- mal slaughtered under the provisions of this article shall be paid for as herein provided, unless the said animals shall have been within the state for a period of at least six months if suffering from tuberculosis or twelve months if suffering from glanders. If the meat of the slaughtered bovine animal shall be passed for use as food, under official regulations, the commis- sioner of agriculture is herebj 7 " authorized to sell the same and the proceeds from the sale of the meat, hide and other marketable parts of the said animal shall be paid into the state treasury. For each and every day the owner or custodian of the animals condemned is obliged to keep them, in excess of seven days from the date of the condemnation, he shall be allowed and paid the sum of twenty-five cents per day per head. The certificate of appraisal, and the statement of the result of the post-mortem examination, shall be pre- sented by the owner or his legal representatives or assigns, to the commissioner of agriculture. The com- missioner of agriculture shall issue his order for the amount due as shown by such certificate and state- ment, after he has found them to be correct, which shall Extracts from Agricultural Law 295 be paid by the state treasurer on the warrant of the comptroller out of moneys appropriated therefor. No compensation shall he made to any person who has wilfully concealed the existence of disease among his animals or upon his premises, or who in any way by act or by wilful neglect has contributed to spread the disease sought to be suppressed or prevented, nor for ,any animal which upon a post-mortem examination is found to have the disease on account of which it was slaughtered or any dangerously contagious or infec- tious disease that would warrant the destruction of such animal, except as herein provided. (As amended by chapter 314 of the Laws of 1909.) § 104. Compensation for slaughter of animals on account of foot and mouth disease or anthrax. In the event of the breaking out within the state of foot and mouth disease or anthrax, the control, suppression or eradication of which involves the general condemnation and slaughter of cattle, sheep or swine and the disposal of the carcasses thereof by state authorities in the interest of public health and welfare, the owner of each such animal slaughtered shall receive compensation for each animal slaughtered. The amount to be paid for each animal, pursuant to the provisions of this section, shall be fixed by a board of appraisal, to con- sist of the commissioner of agriculture, or his duly accredited representative, and a representative of the owner, appointed by the owner. If in any case the members of such board fail to agree, thev shall choose a third member of such board, and the findings of a majority shall be final. Valuations in all cases shall be made on the basis of the utility value of the slaugh- tered animals as producing and breeding animals. The determination cf such board as to the amount to be paid by the state to any owner for any such animal shall be final, and a certificate of appraisal shall be 206 Tije Public Health Law issued under the hands of a majority of such board to the owner. Such certificate shall be verified by the members of the board of appraisal signing the same. The amounts found to be due by an appraisal under this section less the amount paid or to be paid by the rational government shall be paid, upon the audit and warrant of the comptroller, to the owners entitled there- to, upon presentation of proper certificates of appraisal. Awards not paid within thirty days from making there- of shall bear interest at the rate of six per centum per annum, unless moneys appropriated therefor were avail- able within said thirty days. The other provisions of this article relating to appraisal and amount of com- pensation shall not apply to the destruction of animals under this section where the conditions exist as herein provided. (Am'd by L. 1916, ch. 140, in effect April 6, 1916.) EXTRACTS FROM CONSERVATION LAW (L. 1911, ch. 647, const, ch. 65 of Cons. Laws.) Duties of state commissioner of health as to sanitary inspection of shellfish grounds. § 311. For the purpose of making such inspection, the commission may request the state commissioner of health to designate and assign, and it shall be the duty of the state commissioner of health, upon such application, to designate and assign one or more sanitary inspectors who shall, under the direction of the supervisor of marine fisheries, visit such shellfish grounds and places, and examine them, and the shellfish found thereon or therein, and immediately report to said supervisor the result of such examination. (Added by L. 1012, ch. 318, in effect April li, 1012.) BXTRAOT* FROM CONSERVATION LAW 297 River improvement, where necessary to preserve the pub- lic health. § 407. Any county, city, town or village located upon any river or watercourse, or any person or persons own- ing lands bordering thereon, may present to the commis- sion a petition duly verified, setting forth the facts show- ing that the restricted or unrestricted flow thereof is a menace to the public health and safety and that it is necessary to the preservation of the public health and safety to regulate the same, and praying that the flow of water in such river or watercourse shall be regulated under the following provisions of this article, so far as necessary for that purpose. Such petition may be made en behalf of any county by the board of supervisors thereof, on behalf of any town by the supervisor thereof, on behalf of any city by the mayor or board of aldermen thereof, on behalf of any village by the president or board of trustees thereof. (§ 451 renumbered 407, by L. 1915, ch. 662.) Sewage disposal as affecting potable waters. § 525. The commission shall report the present dis- position of sewage of each municipal corporation and other civil division of the state, and, if necessary, of adjoining states, with special reference to said disposi- tion affecting the various municipal corporations and other civil divisions of the state in relation to the water supply of this state. Said commission shall also report the advisability of, the time required for, and the ex- penses incident to the construction of a state system of water supply and for a state system for the disposition of sewage, if necessary, for all or any of the municipal corporations and other civil divisions of this state, and make such recommendations connected with the subjects cf said investigations herein provided for as said com- mission shall determine. In said investigation concern- ing either the water supply or disposition of sewage, said 298 The Public Health Law commission shall, so far as possible, make use of all reports and surveys in regard thereto which have here- tofore been made. Wherever, by any provision of law, the consent or approval of any state board, officer or commission is required for the construction of any sewage system or sewage disposal works, the further approval thereof by the conservation commission shall be required. EXTRACTS FROM COUNTY LAW (L. 1909, ch. 16, const, ch. 11 of Cons. Laws.) Establishment of county hospital for tuberculosis; state commissioner of health to approve plans thereof. § 45. Establishment of county hospital for tubercu- losis. The board of supervisors of any county shall have power by a majority vote to establish a county hospital for the care and treatment of persons suffering from the disease known as tuberculosis; or it may sub- mit the question of establishing such a hospital to the voters of the county at any general election, and in any county in which town meetings at which all the voters of the county may vote are held in the spring of the year, the board of supervisors of such a county shall have authority also to submit the question of establish- ing such a hospital at said town meetings to the electors of the county who are qualified to vote at a general election. The board of supervisors shall fix the sum of money deemed necessary for the establishment of said hospital. The form of the proposition submitted shall read as follows : " Shall the county of appropriate the sum of dollars for the estab- lishment of a tuberculosis hospital?" The election notices shall state that the proposition will be voted upon and in the form set forth above. Provision for taking such vote and for the canvassing and return- ing of the result shall be made by the duly constituted election authorities. Extracts from County Law 299 If a majority of the voters voting on such proposi- tion shall vote in favor thereof then such hospital shall be established hereunder and the sum of money named in the said proposition shall be deemed appropriated, and it shall be the duty of the board of supervisors to proceed forthwith to exercise the powers and authority conferred upon it in this section. When the board of supervisors of any county shall have voted to establish such hospital, or when a ref- erendum on the proposition of establishing such a hospi- tal in a county, as authorized above, shall have been carried, the board of supervisors shall: 1. Purchase or lease real property therefor, or acquire such real property, and easements therein, by condemnation proceedings, in the manner prescribed by the condemnation law, in any town, city or village in the county. After the presentation of the petition in such proceeding prescribed in section three thousand three hundred and sixty of the code of civil procedure and the filing of the notice of pendency of action pre- scribed in section three thousand three hundred and eighty-one thereof, said board of supervisors shall be and become seized of the whole or such part of the real property described in said petition to be so acquired for carrying into effect the provisions of this act, as such board may, by resoluton adopted at a regular or special session, determine to be necessary for the im- mediate use, and such board for and in the name of such county may enter upon, occupy and use such real property so described and required for such purposes. Said resolution shall contain a description of the real property of which possession is to be taken and the day upon which possession will be taken. Said board of supervisors shall cause a copy of such resolution to be filed in the county clerk's office of the county in which such property is situate, and notice of the adop- tion thereof, with a copy of the resolution and of its 300 The Public Health Law intention to take possession of the premises therein described on a day certain, also therein named, to be served, either personally or by mail, upon the owner or owners of, and persons interested in such real prop- erty, at least five days prior to the day fixed in tsuoh resolution for taking possession. From the time of the service of such notice, the entry upon and appropri- ation by the county of the real property therein de- scribed for the purposes provided for by this act, shall be deemed complete, and such notice so served shall be conclusive evidence of such entry and appropriation and of the quantity and boundaries of the lands appro- priated. The board of supervisors may cause a dupli- cate copy of such papers so served, with an affidavit of due service thereof on such owner or person inter- ested, to be recorded in the books used for recording deeds in the office of the county clerk of its county, and the record of such notice and such proof of service shall be prima facie evidence of the due service there- of. Compensation for property thus acquired shall be made in such condemnation proceeding. 2. Erect all necessary buildings and alter any build- ings, on the property when acquired for the use of said hospital, provided that the plans for such erection or alteration shall first be approved by the state com- missioner of health. (Am'd by L. 1913, ch. 379, in effect April 28, 1913.) 3. Cause to be assessed, levied and collected such sums of money as it shall deem necessary for suitable lands, buildings and improvements for said hospital, and for the maintenance thereof, and for all other necessary expenditures therefor; and to borrow money for the erection of such hospital and for the purchase of a site therefor on the credit of the county, and issue county obligations therefor, in such manner as it may do for other county purpose*. Extracts feom County Law 301 4. Appoint a board of managers for said hospital as hereinafter provided. 5. Accept and hold in trust for the county, any grant or devise of land, or any gift or bequest of money or other personal property, or any donation to be applied, principal or income, or both, for the benefit of said hospital, and apply the same in accordance with the terms of the gift. 6. Whenever it shall deem it in the public interest so to do, and notwithstanding the provisions of any other general or special act, change the location of such hospital and acquire a new site by purchase, lease or condemnation, as provided in this section, and establish the hospital thereon. (Added by L. 1915, oh. 427, in effect April 28, 1915.) (Section added by L. 1909, ch. 341; am'd by L. 1913, chs. 166, 379; L. 1914, ch. 323 and L. 1915, chs. 132, 427, in effect April 28, 1915.) § 4G. Appointment and terms of office of managers. When the board of supervisors shall have determined to establish a hospital for the care and treatment of persons suffering from tuberculosis, and shall have ac- quired a site therefor, and shall have awarded contracts for the necessary buildings and improvements thereon, it shall appoint five citizens of the county, of whom at least two shall be practicing physicians, who shall constitute a board of managers of the said hospital. The term of office of each member of said board shall be five years, and the term of one of such managers shall expire annually; the first appointments shall be made for the respective terms of five, four, three, two and one years. Appointments of successors shall be for the full term of five years, except that appointment of persons to fill vacancies occurring by death, resigna- tion or other cause shall be made for the unexpired 302 The Public Health Law term. Failure of any manager to attend three con- secutive meetings of ' the board shall cause a vacancy in his office, unless said absence is excused by formal action of the board of managers. The managers shall receive no compensation for their services, but shall be allowed their actual and necessary traveling and other expenses, to be audited and paid, in the same manner as the other expenses of the hospital by the board of supervisors. Any manager may at any time be re- moved from office by the board of supervisors of the county, for cause after an opportunity to be heard. (Added by L. 1909, ch. 341, in effect May 13, 1909.) § 47. General powers and duties of managers. The board of managers: 1. Shall elect from its members, a president and one or more vice-presidents. It shall appoint a superintendent of the hospital who shall be also the treasurer and secretary of the board, and it may remove him for cause stated in writing and after an opportunity to be heard thereon after due no- tice; and may suspend him from duty pending the dis- position of such charges. Said superintendent shall not be a member of the board of managers, and shall be a graduate of an incorporated medical college, with an experience of at least three years in the actual practice of his profession. (Am'd by L. 1915, ch. 132, in effect March 29, 1915.) 2. Shall fix the salaries of the superintendent and all other office s and employees within the limits of the appropriation made therefor by the board of super- visors, and such salaries shall be compensation in full for all services rendered. The board of managers shall determine the amount of time required to be spent at the hospital by said superintendent in the discharge of his duties. 3. Shall have the general superintendence, manage- ment and control of the said hospital, of the grounds, Extracts from County Law 303 buildings, officers and employees thereof; of the inmates therein, and of all matters relating to the government, discipline, contracts, and fiscal concerns thereof ; and make such rules and regulations as may seem to them necessary for carrying out the purposes of such hospital. 4. Shall maintain an effective inspection of said hos- pital, and keep itself informed of the affairs and man- agement thereof; shall meet at the hospital at least once in every month, and at such other times as may be prescribed in the by-laws; and shall hold its annual meeting at least three weeks prior to the meeting of the board of supervisors at which appropriations for the ensuing year are to be considered. 5. Shall keep in a book provided for that purpose, a proper record of its proceedings which shall be open at all times to the inspection of its members, to the members of the board of supervisors of the county, and to duly authorized representatives of the state board of charities. 6. Shall certify all bills and accounts including sal- aries and wages and transmit them to the board of supervisors of the county, who shall provide for their payment in the same manner as other charges against the county are paid. The board of supervisors of a county not having a purchasing agent or auditing com- mission may make an appropriation for the maintenance of such hospital and direct the county treasurer to pay all bills, accounts, salaries and wages which are approved by the board of managers, within the amount of such appropriation, subject to such regulations as to the payment and audit thereof as the board of super- visors may deem proper. (Am'd by L. 1913, ch. 40, in effect April 2, 1913.) 7. Shall make to the board of supervisors of the countv annually, at such time as said supervisors shall 3t4 Tub Public Health Law direct, a detailed report of the operations of the hos- pital during the year, the number of patients received, the methods and results of their treatment, together with suitable recommendations and such other matter as may be required of them, and full and detailed esti- mates of the appropriations required during the ensuing year for all purposes including maintenance, the erec- tion of buildings, repairs, renewals, extensions, im- provements, betterments or other necessary purposes. 8. Shall notwithstanding any other general or special law erect all additional buildings found necessary after the hospital has been placed in operation and make all necessary improvements and repairs within the limits of the appropriations made therefor by the board of supervisors, provided that the plans for such ad- ditional buildings, improvements or repairs shall first be approved by the state commissioner of health. (Added by L. 1913, ch. 379, in effect April 28, 1913.) 9. Shall have authority to employ a county nurse or nurses for the discovery of tuberculosis cases and for the visitation of such cases and of patients discharged from the hospital and for such other duties as may seem appropriate; and may cause to be examined by the superintendent or one of his medical staff suspected cases of tuberculosis reported to it by the county nurse or nurses or by physicians, teachers, employers, heads of families, or others; and to take such other steps for the care, treatment, and prevention of tuberculosis as it may from time to time deem wise. (Added by L. 1914. ch. 323, in effect April 14, 1914.) (Section added by L. 1909, ch. 341, am'd by L. 1913, chs. 40, 379; L. 1914, ch. 323; L. 1915, ch. 132, in effect March 29, 1915.) § 48. General powers and duties of superintendent. The superintendent shall be the chief executive officer of the hospital and subject to the by-laws, rules Extracts from County Law 305 and regulations thereof, and to the powers of the board of managers: 1. Shall equip the hospital with all necessary fur- niture, appliances, fixtures and other needed facilities for the care and treatment of patients and for the use of officers and employees thereof, and shall in counties where there is no purchasing agent purchase all neces- sary supplies. 2. Shall have general supervision and control of the records, accounts, and buildings of the hospital and all internal affairs, and maintain discipline therein, and enforce compliance with, and obedience to all rules, by-laws and regulations adopted by the board of man- agers for the government, discipline and management of said hospital, and the employees and inmates thereof. He shall make such further rules, regulations and orders as he may deem necessary, not inconsistent with law, or with the rules, regulations and directions of the board of managers. 3. Shall appoint such resident officers and such em- ployees as he may think proper and necessary for the efficient performance of the business of the hospital, and prescribe their duties; and for cause stated in writing, after an opportunity to be heard, discharge any such officer or employee at his discretion. 4. Shall cause proper accounts and records of the business and operations of the hospitals to be kept regularly from day to day, in books and on records provided for that purpose; and see that such accounts and records are correctly made up for the annual report to the board of supervisors, as required by subdivision seven of section forty-seven of this chapter, and present the same to the board of managers, who shall incor- porate them in their report to the said supervisors. 5. Shall receive into the hospital in the order of application any person found to be suffering from tuberculosis in any form who is entitled to admission 306 The Public Health Law thereto under the provisions of this chapter, excepting that if at any time there be more applications for admis- sion to said hospital than there are vacant beds therein, said superintendent shall give preference in the admis- sion of patients to those who in bis judgment, after an inquiry as to the facts and circumstances, are more likely to infect members of their households and others, in each instance signing and placing among the per- manent records of the hospital a statement of the facts and circumstances upon which he bases his judgment as to the likelihood of transmitting infection, and reporting each instance at the next meeting of the board of managers; and shall also receive persons from other counties as hereinafter provided. Said superin- tendent shall cause to be kept proper accounts and records of the admission of all patients, their name, age, sex, color, marital condition, residence, occupation and place of last employment. (Added by L. 1909, ch. 341; am'd by 1912, chs. 149, 239; L. 1913, ch. 379, and L. 1915, ch. 132, in effect March 29, 1915.) 6. Shall cause a careful examination to be made of the physical condition of all persons admitted to the hospital and provide for the treatment of each such patient according to his need; and shall cause a record to be kept of the condition of each patient when ad- mitted, and from time to time thereafter. 7. Shall discharge from said hospital any patient who shall wilfully or habitually violate the rules thereof; or who is found not to have tuberculosis; or who is found to have recovered therefrom; or who for any other reason is no longer a suitable patient for treat- ment therein; and shall make a full report thereof at the next meeting of the board of managers. 8. Shall collect and receive all moneys due the hos- pital, keep an accurate account of the same, report the same at the monthly meeting of the board of managers, and transmit the same to the treasurer of the county within ten days after such meeting. Extracts from County Law 307 9. Shall before entering upon the discharge of his duties, give a bond in such sum as the board of man- agers may determine, to secure the faithful performance of such duties. (Section added by L. 1909, chap. 341, am'd by L. 1912, chaps. 149 and 239: L. 1913, chap. 379, and L. 1915, chap. 132; in effect March 29, 1915.) § 49. Admission of patients from county in which hospital is situated. Any resident of the county in which the hospital is situated desiring treatment in such hospital, may apply in person to the superintend- ent or to any reputable physician for examination, and such physician, if he find that said person is suffering from tuberculosis in any form, may apply to the superintendent of the hospital for his admission. Blank forms for such applications shall be provided by the hospital, and shall be forwarded by the superintendent thereof gratuitously to any reputable physician in the county, upon request. So far as practicable, appli- cations for admission to the hospital shall be made upon such forms. The superintendent of the hospital, upon the receipt of such application, if it appears there- from that the patient is suffering from tuberculosis, and if there be a vacancy in the said hospital, shall notify the person named in such application to appear in person at the hospital. If, upon personal exami- nation of such patient, or of any patient applying in person for admission, the superintendent is satisfied that such person is suffering from tuberculosis, he shall admit him to the hospital as a patient. All such ap- plications shall state whether, in the judgment of the physician, the person is able to pay in whole or in part for his care and treatment while at the hospital; and every application shall be filed and recorded in a book kept for that purpose in the order of their receipt. 308 The Public Health Law When said hospital is completed and ready for the treatment of patients, cr whenever thereafter there are vacancies therein, admissions to said hospital shall be made in the order in which the names of applicants shall appear upon the application book to be kept as above provided, in so far as such applicants are cer- tified to by the superintendent to be suffering from tuberculosis. Is'o discrimination shall be made in the accommodation, care or treatment of any patient be- cause of the fact that the patient or his relatives con- tribute to the cost of his maintenance in whole or in part, and no patient shall be permitted to pay for his maintenance in such hospital a greater sum than the average per capita cost of maintenance therein, in- cluding a reasonable allowance for the interest on the cost of the hospital; and no officer or employee of such hospital shall accept from any patient thereof any fee, payment or gratuity whatsoever for his services. (Added by L. 1909, chap. 341; in effect May 13, 1909.) § 49-a. Maintenance of patients in the county in which hospital is situated. Wherever a patient has been admitted to said hospital from the county in which the hospital is situated, the superintendent shall cause such inquiry to be made as he may deem necessary, as to his circumstances, and of the relatives of such patient legally liable for his support. If he find that such patient, or said relatives are able to pay for his care and treatment in whole or in part, an order shall be made directing such patient, or said relatives to pay to the treasurer of such hospital for the support of such patient a specified sum per week, in propor- tion to their fii:ar.cial ability, but such sum shall not exceed the actual per capita cost of maintenance. The superintendent shall have the same power and au- thor'.tv to collect such sum from the estate of the Extracts from County Law 309 patient, or his relatives legally liable for his support, as is possessed by an overseer of the poor in like cir- cumstances. If the superintendent find that such patient, or said relatives are not able to pay, either in whole or in part, for his care and treatment in such hospital, the same shall become a charge upon the county. When any indigent patient shall have been admitted to any such hospital as a resident of the county in which the hospital is located, and it shall be found that such patient has not acquired a settlement within such county under the provisions of the poor law, the superintendent of such hospital shall collect from the county in which such patient has a settle- ment the cost of his maintenance in such hospital, or may in his discretion return such patient to the locality in which he has a settlement. (Added by L. 1909, chap. 341, and am'd L. 1912, chaps. 199 and 239; L. 1913, chap. 579; in effect April 28, 1913.) § 49-b. Admission of patients from counties not hav- ing a hospital. In any county not having a county hos- pital for the care and treatment of persons suffering from tuberculosis, a county superintendent of the poor, upon the receipt of the application and certificate here- inafter provided for, may apply to the superintendent of any such hospital established by any other county, for the admission of such patient. Any person residing in a county in which there is no such hospital, who desires to receive treatment in such a hospital, may apply therefor in writing to the superintendent of the poor of the county in which he resides on a blank to be provided by said superintendent for that purpose, submitting with such application a written certificate signed by a reputable physician on a blank to be pro- vided by the superintendent of the poor for such pur- pose, stating that such physician has, within the ten days then next preceding, examined such person, and that, in his judgment, such person is suffering from 310 The Public Health Law tuberculosis. The superintendent of the poor, on re- ceipt of such application and certificate, shall forward the same to the superintendent of any hospital for the care and treatment of tuberculosis. If such patient be accepted by such hospital, the superintendent of the poor shall provide for his transportation thereto, and for his maintenance therein at a rate to be fixed as herein provided. (Added by L. 1909, chap. 341; in effect May 13, 1909.) § 49-c. Maintenance of patients from counties not having a hospital. Whenever the superintendent of such a county hospital, shall receive from a superintendent of the poor of any other county an application for the ad- mission of a patient, if it appear from such application that the person therein referred to is suffering from tuberculosis, the superintendent shall notify said per- son to appear in person at the hospital, provided there be a vacancy in such hospital and there be no pending application from a patient residing in the county in which the hospital is located. If, upon per- sonal examination of the patient, the superintendent is satisfied that such patient is. suffering from tuberculosis, he shall admit him to the hospital. Every patient so admitted shall be a charge against the county sending such patient, at a rate to be fixed by the board of managers, which shall not exceed the per capita cost of maintenance therein, including a reasonable allow- ance for interest on the costs of the hospital; and the bill therefor shall, when verified by the superintendent of the poor of the county from which said patient was sent, be audited and paid by the board of supervisors of the said county. The said superintendent of the poor shall cause an investigation to be made into the Extracts from County Law 311 circumstances of such patient, and of his relatives legally liable for his support, and shall have the same authority as an overseer of the poor in like circum- stances to collect therefrom, in whole or in part, ac- cording to their financial ability, the cost of the main- tenance of such person in said hospital. (Added by L. 1909, chap. 341; in effect May 13, 1909.) § 49-d. Visitation and inspection. The resident officer of the hospital shall admit the managers into every part of the hospital and the premises and give them access on demand to all books, papers, accounts and records pertaining to the hospital and shall furnish copies, abstracts and reports whenever required by them. All hospitals established or maintained under the provisions of sections forty-five to forty-nine-e, inclusive, of this chapter, shall be subject to inspec- tion by any duly authorized representative of the state board of charities, of the state department of health, of the state charities aid association and of the board of supervisors of the county; and the resident officers shall admit such representatives into every part of the hospital and its buildings, and give them access on demand to all records, reports, books, papers and accounts pertaining to the hospital. (Added by L. 1909, chap. 341; in effect May 13, 1909.) § 49-e. Hospitals at almshouses. Wherever a hospital for the care and treatment of persons suffering from tuberculosis exists in connection with, or on the grounds of a county almshouse, the board of super- visors may, after sections forty-five to forty-nine-e of this chapter take effect, appoint a board of managers for such hospital and such hospital, and its board of managers, shall thereafter be subject to all the provisions of this act, in like manner as if it had been originally established hereunder. Any hospital for 312 The Public Health Law the care and treatment of tuberculosis which may here- after be established by any board of supervisors shall be subject to all the provisions of said sections. No hospital authorized under the provisions of this chapter shall hereafter be located on the grounds of an alms- house. (Added by L. 1909, chap. 341; am'd by L. 1913, chap. 379; in effect April 28, 1913.) Extermination of mosquitoes, Suffolk county. § 1. The town board of any town in the county of Suffolk may establish one or more districts for tho purposes of this act within the town and outside the boundaries of any incorporated village, on the petition of a majority of the owners of taxable real property in the proposed district. The petition must be signed by the petitioners and acknowledged in the same manner as a deed to be recorded. Such petition, accom- panied with a map showing the boundaries of the pro- posed district, shall be filed with the town clerk. If any such district be established, the town board shall thereafter include in the annual budget of taxes to be levied by the board of supervisors a sum not exceeding eight hundred dollars for the extermination of mos- quitoes in such district, which sum shall be levied by such board of supervisors upon the property subject to taxation in the district as so established. For the purpose of the levying of such tax, the town board shall apportion the same pro rata upon such taxable prop- erty and transmit a certified statement thereof to the board of supervisors. Such apportionment shall be on the basis of the valuation of such property as fixed by the last preceding assessment roll of the town. After the boundaries of such district shall have been estab- lished, if any farm or lot or the real property of a corporation or joint stock association shall have been Extracts f&om County Law 313 divided by any such boundary line, it shall be the duty of the town assessors after fixing the valuation of the whole of such real property as now required by law to determine what portion of such valuation is on account of that part of such real property lying within such district. § 2. The tax provided for in this act shall when collected be paid to the supervisor, who shall pay the same over as needed to a committee to be elected as hereinafter provided. Such committee shall have charge of the expenditure of the moneys so paid over for the extermination of mosquitoes in such district. § 3. A public meeting of electors residing in such district and owning taxable property therein shall be held annually in the month of September at a time and at a place in such village to be designated by the town clerk, for the purpose of electing a committee for the extermination of mosquitoes, for the ensuing year. The number of members to serve on the committee shall be determined at each meeting, but shall not exceed seven persons. No person shall be qualified to serve on such committee who is not at the time a resident taxpayer of such district. Notice of such meet- ing, including a statement of its objects and purposes and of the time and place of holding the same shall be given by publication in a newspaper in such town once a week for the preceding four weeks. No person shall be entitled to vote at such meeting who is not an elector and taxpayer residing in such district. A chairman and two inspectors of election shall be chosen by the persons entitled to vote at the meeting, and all voting shall be by ballot. The chairman shall announce the result of the vote upon any question or for candi- dates for membership in such committee, and the result of such vote shall be certified by the chairman and said inspectors to the town clerk. Such certificate shall be 314 The Public Health Law sufficient warrant to the supervisor to pay over to the persons certified to have been elected any moneys in his hands available for the purposes of this act. Such committee shall file with the town clerk annually on the first day of October a report of its proceedings for the previous year. Such report shall set forth in detail the moneys received and expended, the manner of such expenditure and the work accomplished. (Added by L. 1916, chap. 246; in effect April 17, 1916.) ARTICLE XXI. (Added by L. 1916, chap. 408; in effect May 3, 1916.) County Mosquito Extermination Commission. Section 400. Establishment; appointment of commis- sioners. 401. Chairman of board of supervisors ex officio member. 402. State commission " r of health to appoint one member of such commission. 403. Members to serve without compensation. 404. Commissions; terms of office. 405. Official oath; officers. 406. Commission a body corporate; powers. 407. Secretary of commission; salary. 408. Clerks and assistants. 409. Duties of clerks and assistants. 409-a. Accumulation of water a nuisance. 410. Powers and duties of commission. 411. Publication of notice of entry, claims, dam- ages and payments. 412. Estimate of annual requirements; powers and duty of state health commissioner. 413. Duties of boards of supervisors. * So in original. EXTKACTS FROM COUNTY LAW 315 Section 414. Disbursements by county treasurer. 415. Annual report. 416. Reservation of powers. 417. Temporary provision for nineteen hundred and sixteen. 418. Obstructions; interferences. § 400. Establishment; appointment of commissioners. In any county in the state of New York, having a population of less than two hundred thousand adjacent to a city of the first class, having a population of over three million there is hereby created an appointing board to consist of the county judge, the county clerk and the county comptroller, to be known as " The (here shall be inserted the name of the county in and for which such appointing board shall act) County Board " for the appointment of a county mosquito extermination commission, as hereinafter provided. The members of such appointing board shall serve with- out pay, except that the necessary expenses of each member for actual attendance at any meeting of such board shall be allowed and paid. Within ten days after the presentation of a petition signed and acknowledged in the same manner as are deeds entitled to be recorded, by two hundred residents of such county, it shall be the duty of the county judge to convene the said board, at the most suitable and convenient place, or otherwise ar- range for concerted action, for the appointment of four resident taxpayers in any such county, who, with the chairman of the board of supervisors and one member, to be appointed by the state commissioner of health, as provided by sections four hundred and one and four hundred and two of this article, shall constitute a board of commissioners to be known as "The (here shall be inserted the name of the county in and for which the commissioners are to be appointed) County Extermination Commission." 318 The Public Health Law § 401. The chairman of the board of supervisors ex officio member. The chairman of the board of super- visors of each county in and for which a commission is appointed, shall be a member ex officio of such com- mission, and shall serve without compensation, except that the necessary expenses actually incurred by his attendance upon meetings of such commission shall be allowed and paid. He shall have equal powers, privi- leges and duties with the other members of such commission. § 402. The state commissioner of health to appoint one member of such commission. The state commis- sioner of health shall appoint one member of such com- mission who shall have equal powers, privileges and duties with the other members of such commission. Such member shall be a resident of the county for which such commissioners are appointed, and he shall in addition to his powers, duties and privileges con- ferred, represent the state commissioner of health in all matters as the state commissioner of health may direct. § 403. Members to serve without compensation. The members of such commission shall serve without com- pensation, except that the necessary expenses of each commissioner for actual attendance at meetings of such commission shall be allowed and paid. No person employed by such commission shall be a member thereof. § 404. Commissions; terms of office. The commis- sioners first appointed by the county board in any dis- trict under the provisions of this article shall hold office respectively for the term of one, two, three and four years. The term of the member appointed by the state commissioner of health shall be four years. All such commissioners after the first appointment shall be appointed for the full term of four years. Vacancies EXTBACTS FROM COUNTT LAW 317 in such commission, occurring by resignation or other- wise, shall be filled, by the county board in the manner provided in section four hundred except any vacancy caused by resignation or otherwise of the member appointed by the state commissioner of health, which shall be filled by the state commissioner of health in the manner provided in section four hundred and two of this article, and the persons so appointed to fill such vacancies shall be appointed for the unexpired term only. § 405. Official oath; officers. Before entering upon the duties of his office each commissioner shall take and subscribe an oath or affirmation before the clerk of the county in which is situated the district in and for which he is appointed to faithfully and impartially perform the duties of his office, which oath or affirma- tion shall be filed with such clerk. Every such com- mission shall annually choose from among its members a president and treasurer, who shall serve without pay, and they shall respectively perforin the duties ordi- narily incidental to such offices. § 406. Commission a body corporate and politic; powers. From and after the appointment, qualification and organization of such commissioners, such mosquito extermination commission shall become and be a body corporate and politic, under the name given in such petition, and by such name and style may sue, be sued, execute contracts, have a corporate seal, and shall have a 1 ! powers herein conferred upon it within the counties wherein it is appointed. § 407. Secretary of commission; salary. The com- mission may appoint a secretary, whose compensation shall be fixed by such commission; the salary of such secretary shall not exceed, however, the sum of eighteen hundred dollars per annum. § 408. Clerks and assistants. Said commission may, with the approval of the board of supervisori of the 318 The Public Health Law county, appoint and employ such clerks, assistants, inspectors and day laborers as may be necessary to carry out the provisions of this article. The compensa- tion of such clerks and assistants shall be fixed by the board of supervisors of the county. § 409. Duties of clerks and assistants. The com- mission shall prescribe the duties and hours of employ- ment of clerks and assistants and make all rules and regulations respecting the same. The commission shall furnish them with necessary and proper facilities. § 409-a. Accumulation of water a nuisance. Any accumulation of water in which mosquitoes are breed- ing, or are likely to breed, is hereby declared to be a nuisance. § 410. Powers and duties of commission. Said com- mission shall use every means feasible and practicable to exterminate 'mosquitoes, of every variety, found within the county for which such commission is appointed. Such commission shall have power and authority to enter without hindrance upon any or all lands within the county for the purpose of draining or oiling the same and to perform all other acts which in its opinion and judgment may be necessary and proper for the elimination of breeding places of mos- quitoes or which will tend to exterminate mosquitoes of fresh water, salt water and every other kind or variety found within such counties. § 411. Publication of notice of entry; claims, dam- ages and payments. Before entering upon any such lands for such purposes as outlined under section four hundred and ten hereof, the commission shall publish each year, at least once during the year, immediately following the approval by the state commissioner of health of its plans for work during the ensuing year as provided in this article, in at least one newspaper in every town of the county where work is to be per- EXTEACTS FROM COUNTY LAW 319 formed and in which such a paper is published, a gen* eral description of the land with the names of the owners thereof as shown by the last assessment-rolls, if known, if the name of the owner or owners be unknown that fact must be stated and published; and in case of a town where work is to be performed by the commission and in which no newspaper is published, individual notices shall be first sent to every owner in such town upon whose land the commission proposes to enter for said purposes if the name of such owner be know, if unknown such notice shall be posted in not less than five conspicuous places in such town. Any person objecting to or who is aggrieved or who claims damages due to the execution of the work of the com- mission, shall file a protest with the commission set- ting forth his grienvance or claim. The commission shall thereupon and within thirty days after the filing of such protest or claim, set a day for a public hearing thereof. In all such cases the decision of the commis- sion as to the necessity of such work shall be final. Any damage claimed by any party on account of entry work of the commission upon his property shall be determined by an action in court to be tried in the county; and the amount of any damage that may be awarded such party shall be included in the next suc- ceeding estimate of annual requirements of the com- mission and shall be included in the annual tax levy as provided for in this article, and be paid by the commission. § 412. Estimate of annual requirements; power and duty of state health commissioner. Every such county commission shall, on or before the first day of Septem- ber in each year, file with the state commissioner of health a detailed estimate of the moneys required for the ensuing year and a plan of the work to be done and the methods to be employed, together with a gen- eral description of such lands with the names of the 320 The Public Health Law owners thereof, as recorded by the last assessment-rolls if known, if unknown that fact shall be stated, as the eoniniission proposes to enter upon and to execute such plans and work. Such commissioner shall have the power to approve, modify or alter such estimates, plans and methods, and such estimates, plans and methods finally approved by him shall be forwarded by him to the board of supervisors in the county on or before the first day of October following its receipt. § 413. Duties of boards of supervisors. It shall be the duty of the board of supervisors in every county in which a commission is appointed as* its annual or other meeting in the month of December of each year and on receipt of the said report from the commissioner of the state board of health, to cause to be included in the annual tax levy of such county and added to the tax roll for the succeeding year such amount of money for the use and purposes of the mosquito extermination commission, in its said county, as is approved by the state commission* of health in such report, provided, however, that in no one year shall the amount so raised exceed the amount hereinafter specified, to wit: in counties where the assessed valuations are not more than forty million dollars, a sum not greater than one mill on every dollar of assessed valuation; in counties where the assessed valuations are in excess of forty million dollars, a sum not greater than three-eights of one mill on every dollar of assessed valuations. § 414. Disbursements by county treasurer. The county treasurer of each county shall pay from time to time to the mosquito extermination commission, on the requisition of such commission, duly signed and approved by the president and secretary thereof, the amount of moneys so specified in the annual tax levy for the purposes and uses of such mosquito extermina- tion commission. So in original. Extracts from County Law 321 § 415. Annual report. It shall be the duty of each mosquito extermination commission, on or before the first day of September in each year, to submit to the state commissioner of health and to the board of super- visors in each respective county comprised within a mos- quito extermination district, a report setting forth the amount of moneys expended during the previous year showing each item of expenditure, the methods em- ployed, the work accomplished and any other informa- tion which in its judgment may seem pertinent, or which the board of supervisors may demand. Such report shall be published in at least one newspaper published in the county. § 416. Reservation of powers. Nothing in this article shall be construed to alter, amend, modify or repeal sections twenty-six to thirty-two inclusive, of this law, or of any of the provisions of the drainage law except to the extent that the provisions of this article are inconsistent therewith. § 417. Temporary provision for nineteen hundred and sixteen. If a commission be appointed under this article before June first, nineteen hundred and sixteen, such commission shall, on or before the first day of July, nineteen hundred and sixteen, file with the state com- missioner of health in accordance with the provisions of this article an estimate of the moneys required for the year nineteen hundred and sixteen and a plan of the work to be done and the methods to be employed by the commission during such year. The state com- missioner of health shall on or before July fifteenth consider such plans, methods and estimates, and ap- prove, modify or alter the same as provided by section four hundred and twelve, and forward the same to the treasurer of such county, who shall at once borrow, on the credit of such county, the amount specified in such estimate, not exceeding, however, the amount specified 11 322 The Public Health Law in section four hundred and thirteen of this chapter. Such amount, so borrowed, shall be a county charge and shall be included by the board of supervisors in the tax levy for the ensuing year. The moneys so borrowed shall be paid by the county treasurer to the mosquito extermination commission, according to the provisions of section four hundred and fourteen of this chapter. § 41 S. Obstructions; interferences. Any person who obstructs or interferes with the entry of the commission or its employees upon land or who obstructs or inter- feres with, molests, or damages any of the work per- formed by the commission shall be guilty of a misdemeanor. EXTRACTS FROM DOMESTIC RELATIONS LAW (L. 1909, ch. 19, constituting ch. 14 of Cons. Laws) ARTICLE II Marriages Section 5. Incestuous and void marriages. 6. Void marriages. 7. Voidable marriages. 8. Marriage after divorce for adultery. § 5. Incestuous and void marriages. A marriage is incestuous and void whether the relatives are legiti- mate or illegitimate between either: 1. An ancestor and a descendant. 2. A brother and sister of either the whole or the half blood. 3. An uncle and niece or an aunt and nephew. If a marriage prohibited by the foregoing provisions of this section be solemnized it shall be void, and the parties thereto shall each be fined not less than fifty nor more than one hundred dollars and may, in the discretion of the court in addition to said fine, be imprisoned for a term not exceeding six months. Any person who shall knowingly and wilfully solemnize such Extracts feom Domestic Relations Law 323 marriage or procure or aid in the solemnization of the same, shall be deemed guilty of a misdemeanor and shall be fined or imprisoned in like manner. § 6. Void marriages. A marriage is absolutely void if contracted by a person whose husband or wife by a former marriage is living, unless either: 1. Such former marriage has been annulled or has been dissolved for a cause other than the adultery of such person; provided, that if such former marriage has -been dissolved for the cause of the adultery of such person, he or she may marry again in the cases provided for in section eight of this chapter and such subsequent marriage shall be valid; 2. Such former husband or wife has been finally sen- tenced to imprisonment for life; 3. Such former husband or wife has absented him- self or herself for five successive years then last past without being known to such person to be living dur- ing that time. (Am'd by L. 1915, ch. 266, in effect April 12, 1915.) § 7. Voidable marriages. A marriage is void from the time its nullity is declared by a court of competent jurisdiction if either party thereto: 1. Is under the age of legal consent, which is eigh- teen years; 2. Is incapable of consenting to a marriage for want of understanding; 3. Is incapable of entering into the married state from physical cause; 4. Consents to such marriage by reason of force, duress or fraud; 5. Has a husband or a wife by a former marriage living, and such former husband or wife has absented himself or herself for five successive years then last past without being known to such party to be living during that time. Actions to annul a void or voidable marriage may be brought only as provided in the code of civil procedure. 324 The Public Health Law § 8. Marriage after divorce for adultery. When- ever a marriage has been or shall be dissolved, the com- plainant may marry again during the lifetime of the defendant. But a defendant for whose adultery the judgment of divorce has been granted in this state may not marry again during the lifetime of the complainant, unless the court in which the judgment of divorce was rendered shall in that respect modify such judgment, which modification shall be made only upon satisfactory proof that five years have elapsed since the decree of divorce was rendered, and that the conduct of the defen- dant since the dissolution of said marriage has been uniformly good; and a defendant for whose adultery the judgment of divorce has been rendered in another state or country may not marry again in this state during the lifetime of the complainant unless five years have elapsed since the rendition of such judgment and there is no legal impediment, by reason of such judg- ment, to such marriage in the state or country where the judgment was rendered. But this section shall not prevent the remarriage of the parties to an action for divorce. (Am'd by L. 1915, ch. 266, in effect April 12, 1915.) ARTICLE III Solemnization, proof and effect of marriage Section 10. Marriage a civil contract. 11. By whom a marriage must be solemnized. 11 -a. Duty of city clerk in certain cities of the first class. 12. Marriage, how solemnized. 13. Marriage licenses. 14. Town and city clerks to issue marriage licenses; form. 15. Duty of town and city clerks. 16. False statements and affidavits. 17. Clergyman or officer violating article; penalty. Extracts fbom Domestic Relations Law 325 Section 18. Clergyman or officer, when protected. 19. Records to be kept by town and city clerks. J 20. Records to kept by the county clerk. 21. Forms and books to be furnished. 22. Penalty for violation. 23. Presumptive evidence. 24. Effect of marriage of parents of illegitimates. 25. License, when to be obtained. § 10. Marriage a civil contract. Marriage, so far aB its validity in law is concerned, continues to be a civil contract, to which the consent of the parties capable in law in making a contract is essential. § 11. By whom a marriage must be solemnized. The marriage must be solemnized by either: 1. A clergyman or minister of any religion, or by the leader, or any of the three assistant leaders, of the Society for Ethical Culture in the city of Xew York, having its principal office in the borough of Manhattan, or by the leader of the Society for Ethical Culture in the borough of Brooklyn of the city of New York; 2. A mayor, recorder, city magistrate, police justice or police magistrate of a city, or the city clerk of a city of the first class or any of his deputies desig- nated by him for such purpose, as provided in section eleven-a of this chapter, except that in cities which contain more than one hundred thousand and less than one million inhabitants, a marriage shall be solemnized by the mayor, or police justice, and by no other officer of such city, except as provided in subdivisions one and three of this section; (Subd. amended by L. 1916, ch. 524, in effect May 12, 1916.) 3. A justice or judge of a court of record, or of a mu- nicipal court, a police justice of a village, or a justice of the peace; except that justices of the peace in cities which contain more than one hundred thousand and less than one million inhabitants, shall have no power to solemnize marriages; or, 4. A written contract of marriage signed by both parties and at least two witnesses who shall subscribe the same, stating the place of residence of each of the 326 The Public Health Law parties and witnesses and the date and place of mar- riage and acknowledged by the parties and witnesses in the manner required for the acknowledgment of a con- veyance of real estate to entitle the same to be recorded, provided however that all of such contracts of marriage must in order to be valid be acknowledged before a judge of a court of record. Such contract shall be re- corded within six months after its execution in the office of the clerk of the county in which the marriage was solemnized. The word " clergyman " when used in the following sections of this article, includes each person referred to in the first subdivision of this section. The word " magistrate " when so used, includes any person re- ferred to in the second or third subdivision. (Section amd. by L. 1911, ch. 610; L. 1912, ch. 166; L. 1913, ch. 490 and L. 1916, ch. 524, in effect May 12, 1916.) § 11-a. Duty of city clerk in certain cities of the first class. Whenever persons to whom the city clerk of a city of the first class having more than one mil- lion inhabitants has issued a marriage license shall request him to solemnize the rites of matrimony between them and present to him such license it shall be the duty of such clerk, either in person or by one of his deputies designated by him as provided in sub- division two of section eleven of this chapter, to solem- nize such marriage; provided, however, that nothing contained either in this section or in subdivision two of section eleven of this chapter shall be construed as empowering or requiring either the said city clerk or any of his deputies designated by him to perform marriage ceremonies, to solemnize marriages at any place other than at the office of such city clerk. In all cases in which the city clerk of such city of the first class or one of his deputies shall perform a marriage ceremony such official shall demand and be entitled to collect therefor a fee of two dollars, which sum shall be paid by the contracting parties before or immedi- ately upon the solemnization of the marriage; and all such fees so received shall be paid over monthly to the treasurer of the city. (Added by L. 1916, ch. 524, in effect May 12, 1916.). Extracts from Domestic Relations Law 327 § 12. Marriage, how solemnized. No particular form or ceremony is required when the marriage is solem- nized as herein provided, by a clergyman or magistrate, but the parties must solemnly declare in the presence of a clergyman or magistrate and the attending wit- ness or witnesses that they take each other as hus- band and wife. In every case, at least one witness beside the clergyman or magistrate must be present at the ceremony. The preceding provisions of this chapter, so far as they relate to the manner of solemnizing marriages, shall not affect marriages among the people called friends or quakers; nor marriages among the people of any other denominations having as such any particular mode of solemnizing marriages; but such marriages must be solemnized in the manner heretofore used and practiced in their respective societies or denominations, and marriages so solemnized shall be as valid as if this article had not been enacted. Note. — Solemnizing unlawful marriage is a misdemeanor Penal Law, § 1450, see p. 392. § 13. Marriage licenses. It shall be necessary for all persons intending to be married to obtain a marriage license from the town or city clerk of the town or city in which the woman to be married resides and to deliver said license to the clergyman or magistrate who is to officiate before the marriage can bp per- formed. If the woman or both parties to be married are non-residents of the state such license shall be obtained from the clerk of the town or city in which the marriage is to be performed; or, if the woman to be married resides upon an island located not less than fifty miles from the office or residence of the town clerk of the town of which such island is a part, and such office or residence is not on such island such license may be obtained from any justice of the peace residing on such island, and such justice, in respect to 328 The Public Health Law powers and duties relating to marriage licenses, shall be subject to the provisions of this article governing town clerks and shall file all statements or affidavits received by him while acting under the provisions of this section with the town clerk of such town. (Am'd by L. 1914, ch. 230, in effect April 8, 1914.) § 14. Town and city clerks to issue marriage licenses; form. The town or city clerk of each and every town or city in this state is hereby empowered to issue marriage licenses to any parties applying for the same who may be entitled under the laws of this state to contract matrimony, authorizing the marriage of such parties, which license shall be substantially in the following form:* (Section 14 after setting forth the form of license, continues as follows:) There shall be endorsed upon the license or annexed thereto at the end thereof, subscribed by the clerk, an abstract of the facts concerning the parties as dis- closed in their affidavits or verified statements at the time of the application for the license made in conform- ity to the provisions of section fifteen of this chapter. The license issued, including the abstract of facts, and the certificates duly signed by the person who shall have solemnized the marriage therein authorized shall be returned by him to the office of the town or city clerk who issued the same on or before the tenth day of the month next succeeding the date of the solemniz- ing of the marriage therein authorized and any person or persons who shall wilfully neglect to make such return within the time above required shall be deemed guilty of a misdemeanor and upon conviction thereof * Form is. prescribed and set forth at this point in the section _ Blanks printed according to this form are furnished county clerks for distribution to town and city clerks. See section 21 herein. Extracts from Domestic Relations Law 329 shall be punished by a fine of not less than twenty- five dollars or more than fifty dollars for each and every offense. § 15. Duty of town and city clerks. It shall be the duty of the town or city clerk when an application for a marriage license is made to him to require each of the contracting parties to sign and verify a state- ment or affidavit before such clerk or one of his depu- ties, containing the following information. From the groom: Full name of husband, color, place of resi- dence, age, occupation, place of birth, name of father, country of birth, maiden name of mother, country of birth, number of marriage. From the bride: Full name of bride, place of residence, color, age, occupation, place of birth, name of father, country of birth, maiden name of mother, country of birth, number of marriage. The said clerk shall also embody in the statement if either or both of the applicants have been previously married, a statement as to whether the former husband or husbands or the former wife or wives of the respec- tive applicants are living or dead and as to whether either or both of said applicants are divorced persons, if so, when and where the divorce or divorces were granted and shall also embody therein a statement that no legal impediment exists as to the right of each of the applicants to enter into the marriage state. The town or city clerk is hereby given full power and authority to administer oaths and may require the applicants to produce witnesses to identify them or either of them and may also examine under oath or otherwise other witnesses as to any material inquiry pertaining to the issuing of the license; provided, how- ever, that in cities of the first class the verified state- ments and affidavits may be made before any regular clerk of the city clerk's office designated for that pur- pose by the city clerk. If it appears from the affi- davits and statements so taken, that the persons for 330 The Public Health Law whose marriage the license in question is demanded are legally competent to marry, the said clerk shall issue such license, except in the following cases. If it shall appear upon an application of the applicants as provided in this section that the man is under twenty- one years of age, or that the woman is under the age of eighteen years, then the town or city clerk before he shall issue a license shall require the written con- sent to the marriage from both parents of the minor or minors or such as shall then be living, or if the parents of both are dead, then the written consent of the guardian or guardians of such minor or minors. If one of the parents has been missing and has not been seen or heard from for a period of one year preceding the time of the application for the license, although diligent inquiry has been made to learn the whereabouts of such parent, the town or city clerk may issue a license to such minor upon the sworn statement and consent of the other parent. If the marriage of the parents of such minor has been dissolved by decree of divorce or annulment, the consent of the parent to whom the court which granted the decree has awarded the custody of such minor shall be sufficient. If there is no parent or guardian of the minor or minors living to their knowledge then the town or city clerk shall require the written consent to the marriage of the person under whose care or government the minor or minors may be before a license shall be issued. The parents, guardians or other persons whose consents it shall be necessary to obtain before the license shall issue, shall personally appear before the town or city clerk and execute the same if they are residents of the state of New York and physically able so to do. If they are non-residents of the state required consents may be executed and duly acknowledged without the state, but the consent with a certificate attached show- ing the authority of the officer to take acknowledgments Extracts from Domestic Relations Law 331 must be duly filed with the town or city clerk before a license shall issue. Before issuing any license herein provided for, the town or city clerk shall be entitled to a fee of one dollar, which sum shall be paid by the applicants before or at the time the license is issued; and all such fees so received by the clerks of cities shall be paid monthly to the treasurer of the city wherein such license is issued. Any town or city clerk who shall issue a license to marry any persons one or both of whom shall not be at the time of the marriage under such license legally competent to marry without first requiring the parties to such marriage to make such affidavits and statements or who shall not require the procuring of the consents provided for by this article, which shall show that the parties authorized by said license to be married are legally competent to marry shall be guilty of a misdemeanor and on conviction thereof shall be fined in the sum of one hundred dol- lars for each and every offense. In any city the fees collected for the issuing of a marriage license, or for solemnizing a marriage, so far as collected for services rendered by any officer or employee of such city, shall be paid into the city treasury and may by ordinance be credited to any fund therein designated, and said ordinance, when duly enacted, shall have the force of law in such city. (Am'd by L. 1912, ch. 241, in effect April 10, 1912.) § 16. False statement and affidavits. Any person who shall in any affidavit or statement required or provided for in this act wilfully and falsely swear in regard to any material fact as to the competency of any person for whose marriage the license in question or concerning the procuring or issuing of which such affidavit or statement may be made shall be deemed guilty of perjury and on conviction thereof shall be punished as provided by the statutes of this state. 332 The Public Health Law § 17. Clergyman or officer violating article; penalty. If any clergyman or other person authorized by the laws of this state to perform marriage ceremonies shall solemnize or presume to solemnize any marriage be- tween any parties without a license being presented to him or them as herein provided or with knowledge that either party is legally incompetent to contract matri- mony as is provided for in this article shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine not less than fifty dollars nor more than five hundred dollars or by imprisonment for a term not exceeding one year. Note. — Solemnizing unlawful marriage is a misdemeanor. Penal Law, § 1450, see p. 3)2. § 18. Clergyman or officer; when protected. Any such clergyman or officer as aforesaid to whom any such license duly issued may come and not having personal knowledge of the incompetency of either party therein named to contract matrimony, may lawfully solemnize matrimony between them. § 19. Records to be kept by town and city clerks. Each town and city clerk hereby empowered to issue marriage licenses shall keep a book in which he shall record and index all affidavits, statements, consents and licenses together with the certificate attached showing the performance of the marriage ceremony which book shall be kept and preserved as a part of the public records of his office. Whenever an application is made for a search of such records the city or town clerk may make such search and furnish a certificate of the result to the applicant upon the payment of a fee of fifty cents for a search of one year and a further fee of ten cents for each additional year, which fees shall be paid in advance of such search. On or before the fifteenth day of each month the said town and city clerk shall file in the office of the county clerk of the Extracts from Domestic Relations Law 333 county in which said town or city is situated the orig- inal of each affidavit, statement, consent, license and certificate, which have been filed with or made before him during the preceding month. Ho shall not be required to file any of said documents until the license is returned with the certificate showing that the mar- riage to which tliey refer has been actually performed. (Am'd by L. 1012. ch. 241, in effect April 10, 1012.) § 20. Records to be kept by the county clerk. The county clerk of each county except the counties included within the city of Xew York shall keep a copy and index in a book kept in his office for that purpose of each statement, affidavit, consent and license, to- gether with a copy of the certificate thereto attached showing the performance of the marriage ceremony, filed in his office. During the first twenty days of the months of January, April, July and October of each year the county clerk shall transmit to the state department of health at Albany. Xew York, all original affidavits, statements, consents and licenses with cer- tificates attached filed in his office during the three months preceding the date of such report, also all orig- inal contracts of marriage made and recorded in his office during such period entered into in accordance with subdivision four of section eleven of this chapter, which record shall be kept on file and properly indexed by the state department of health. The services ren- dered by the county clerk in carrying out the provisions of this article shall be a county charge except in counties where the county clerk is a salaried officer in which case they shall be a part of the duties of his office. (Am'd by L. 1015, ch. 422, in effect April 28, 1915.) § 21. Forms and books to be furnished. Blank forms for marriage licenses and certificates and also the proper books for registration ruled for the items 334 The Public Health Law contained in said forms and also blank statements and affidavits and such other blanks as shall be necessary to comply with the provisions of this article shall be prepared by the state board of health and shall be furnished by said department at the expense of the state to the county clerk of the various counties of the state in quantities needed from time to time, and the county clerk of each county shall distribute them to town and city clerks in his county in such quantities as their necessities shall require. The expense of dis- tributing the same to said town and city clerks is hereby made a county charge. § 22. Penalty for violation. Any town, city or county clerk who shall violate any of the provisions of this article or shall fail to comply therewith shall be deemed guilty of a misdemeanor and shall pay a fine not exceeding the sum of one hundred dollars on conviction thereof. § 23. Presumptive evidence. Copies of the records of marriages including the license and certificate of marriage and all other records pertaining thereto duly certified by the clerk of the county where the same are recorded under his official seal shall be evidence in all courts. § 24. Effect of marriage of parents of illegitimates. All illegitimate children whose parents have heretofore intermarried or who shall hereafter intermarry shall thereby become legitimatized and shall become legiti- mate for all purposes and entitled to all the rights and privileges of legitimate children; but an estate or interest vested or trust created before the marriage of the parents of such child shall not be divested or affected by reason of such child being legitimatized. Nothing in this act shall be deemed or construed to in any manner impair or affect the validity of any lawful marriage contract made before the passage of this article. Extract from Drainage Law 335 § 25. License; when to be obtained. The provisions of this article pertaining to the granting of the licenses before a marriage can be lawfully celebrated apply to all persons who assume the marriage relation in accord- ance with subdivision four of section eleven of this chapter. Nothing in this article shall be construed to render void by reason of a failure to procure a mar- riage license any marriage solemnized between persons of full age nor render void any marriage between minors or with a minor under the legal age of con- sent where the consent of parent or guardian has been given and such marriage shall be for such cause void- able only as to minors or a minor upon complaint of such minors or minor or of the parent or guardian thereof. EXTRACT FROM DRAINAGE LAW (L. 1909, ch. 20 — cons. ch. 15 of Cons. L.) Procedure for draining low and wet lands for the pro- tection of the public health. § 2. Petition for drainage; who may make and to what court. Any person owning or possessing any swamp, bog, meadow, or other low or wet lands within this state, who shall be desirous to drain the same in the interest of public health or for their improvement for agricultural purposes and who shall deem it necessary in order thereto that a ditch or ditches or other channels for the free passage of water should be opened through lands belonging to another person, or any person whom- soever who shall deem it necessary for the public health that any such swamp, bog or meadow or low or wet land should be drained, or that the outlet of any pond should be deepened or cleaned out so as to permit the free passage of water of such pond to such outlet, may present a petition duly verified, to the county court of the county in whjch such lands lie, or in case the same 336 The Public Health Law are situated in more than one county, to the supreme court, setting forth the facts in the names of the owners of all the lands to be affected by the proceedings, so far as the same can with reasonable diligence be ascer- tained, and praying for the appointment of three com- missioners for the purposes and with the powers here- after set forth. The application provided for by this section may be made by the supervisor of any town on behalf of the town, or by the president of the board of trustees of any incorporated village on behalf of said village. (Am'd L. 1910, ch. 62-4, in effect June 23, 1910.) EXTRACTS FROM EDUCATION LAW (L. 1909, ch. 21, cons. ch. 16 Cons. Laws) ARTICLE IV Duties of school authorities as to enforcing laws. § 95. Removal of school officers; withholding public money. 1. Whenever it shall be proved to his satisfac- tion that any trustee, member of a board of education, clerk, collector, treasurer, school commissioner, super- intendent of schools or other school officer has been guilty of any wilful violation or neglect of duty under this chapter, or any other act pertaining to common schools or other educational institution participating in state funds, or wilfully disobeying any decision, order or regulation of the regents or of the commissioner of education, said commissioner may, by an order under Lis hand and seal, which order shall be recorded in his office, remove such school officer from his office. 2. Said commissioner of education may also withhold from any district or city its share of the public money of the state for wilfully disobeying any provision of law or any decision, order or regulation as aforesaid.* ♦See § 310 of Public Health Law requiring the trustees or other officers in control of schools to refuse to admit children not vaccinated- Extracts from Education Law 337 ARTICLE V School buildings and sites § 111. Plans and specifications of new buildings must be approved by commissioner of education. 1. No schoolhouse shall hereafter be erected in any city of the third class or in any incorporated village or school district, and no addition to a school building in any such place shall thereafter be erected, the cost of which shall exceed five hundred dollars, until the plans and specifications for the same shall have been sub- mitted to the commissioner of education and his ap- proval indorsed thereon. Such plans and specifications shall show in detail the ventilation, heating and light- ing of such buildings. 2. Such commissioner of education shall not approve any plans for the erection of any school building or addition thereto unless the same shall provide at least fifteen square feet of floor space and two hundred cubic feet of air space for each pupil to be accommodated in each study or recitation room therein, and no such plans shall be approved by him unless provision is made therein, for assuring at least thirty cubic feet of pure air every minute per pupil, and the facilities for ex- hausting the foul or vitiated air therein shall be positive and independent of atmospheric changes. 3. * * * § 116. Provision for outbuildings. 1. The trustees in the several school districts shall provide suitable and convenient water-closets or privies for each of the schools under their charge, at least two in number, which shall be entirely separated each from the other, and having separate means of access, and the approaches thereto shall be separated by a substantial close fence not less than seven feet in height. It shall be the duty of the trustees aforesaid to keep the same in a clean 33 S The Public Health Law and wholesome condition, and a failure to comply with the foregoing provisions of this section on the part of such trustees shall be sufficient ground for their removal from office, and for withholding from the district any share of the public moneys of the state. Any expense incurred by such trustees in carrying out the require- ments of this section shall be a charge upon the district, when such expense shall have been approved by the school commissioner of the district within which the school district is located, and a tax may be levied there- for without a vote of the district. 2. The board of education of any union free school district or of a city shall provide and maintain suitable and convenient water-closets or privies for each of the schools under their charge, at least two in number, and in conformity with the provisions and penalties of this section. Any expense incurred by said board in carrying out the foregoing provisions shall be a charge upon the district; and a tax may be levied therefor without a vote of the district. ARTICLE XX § 535. Attendance officers. 1. The school authorities of each city, union free school district, or common school district whose limits include in whole or in part an incorporated village, shall appoint and may remove at pleasure one or more attendance officers of such city or district, and shall fix their compensation and may prescribe their duties not inconsistent with this article and make rules and regulations for the performance thereof; and the superintendent of schools shall super- vise the enforcement of this article within such city or school district. 2. The town board of each town shall appoint, subject to the written approval of the school commissioner of the district, one or more attendance officers, whose jurisdiction shall extend over all school districts in said Extracts from Education Law 339 town, and which are not by this section otherwise pro- vided for, and shall fix their compensation, which shall be a town charge; and such attendance officers, ap- pointed by said board, shall be removable at the pleasure of the school commissioner in whose commissioner's dis- trict such town is situated. (Thus am'd by L. 1909, oh. 409, in effect May 20, 1909.) ARTICLE XX-A Medical inspection for public school pupils. Section 570. Medical inspection to be provided. 571. Employment of medical inspector. 572. Pupils to furnish health certificates. 573. Examination by medical inspector. 574. Eecord of examinations; eye and ear tests. 575. Existence of contagious diseases; return after illness. 576. Enforcement of law. 577. State medical inspection of schools. § 570. Medical inspection to be provided. Medical inspection shall be provided for all pupils attending the public schools in this state, except in cities of the first class, as provided in this article. Medical inspec- tion shall include the services of a trained registered nurse, if one is employed, and shall also include such services as may be rendered as provided herein in exam- ining pupils for the existence of disease or physical defects and in testing the eyes and ears of such pupils. (Added by L. 1913, ch. 627, in effect Aug. 1, 1913.) § 571. Employment of medical inspectors. The board of education in each city and union free school district, and the trustee or board of trustees of a common school district, shall employ, at a compensation to be agreed upon by the parties, a competent physician as a medical inspector, to make inspections of pupils attending the 340 The Public Health Law public schools in the city or district. If appointed by a board of education of a city such physician shall reside within the city. The physicians so employed shall be legally qualified to practice medicine in this state, and shall have so practiced for a period of at least two years immediately prior to such employment. Any such board of trustees may employ one or more school nurses, who shall be registered trained nurses and authorized to practice as such. Such nurses when so employed shall aid the medical inspector of the dis- trict and shall perform such duties for the benefit of the public schools as may be prescribed by such inspector. A medical inspector or school nurse may be employed by the trustees or boards of education of two or more school districts, and the compensation of such inspector, and the expenses incurred in making inspections of pupils as provided herein, shall be borne jointly by such districts, and be apportioned among them accord- ing to the assessed valuation of the taxable property therein. In cities and union free school districts having more than five thousand inhabitants, the board of education may employ such additional medical inspectors as may be necessary to properly inspect the pupils in the school in such cities and union free school district. The trustees of a common school district or the board of education of a union free school district whose boundaries are coterminous with the boundaries of an incorporated village shall, in the employment of medical inspectors, employ the health officer of the town in which such common school district is located or the health officer of such union free school district, so far as may be advantageous to the interests of such dis- trict. (Added by L. 1913, ch. 627, and amd. by L. 1916, ch. 182, in effect April 11, 1916.) § 672. Pupils to furnish health certificates. A health certificate shall be furnished by each pupil in the public EXTBAOTS FROM EDUCATION LAW 341 schools upon his entrance in such schools, and there- after at the opening of such schools at the beginning of each school year. Each certificate shall be signed by a duly licensed physician who i3 authorized to practice medicine in this state, and shall describe the condition of the pupil when the examination was made, which shall not be more than thirty days prior to the presen tation of such certificate, and state whether such pupil is in a fit condition of bodily health to permit his or her attendance at the public schools. Such certificate shall be submitted within thirty days to the principal or teacher having charge of the school and shall be filed with the clerk of the district. If such pupil does not present a health certificate as herein required, the principal or teacher in charge of the school shall cause a notice to be sent to the parents of such pupil that if the required health certificate is not furnished within thirty days from the date of such notice, an examina- tion will be made of such pupil as provided herein. (Added by L. 1913, ch. 627, in effect Aug. 1, 1913.) § 573. Examination by medical inspectors. Each principal or teacher in charge of a public school shall report to the medical inspector having jurisdiction over such school the names of all pupils who have not fur- nished health certificates as provided in the preceding section, and the medical inspector shall cause such pupils to be separately and carefully examined and tested to ascertain whether any of them are suffering from defective sight or hearing, or from any other physical disability tending to prevent them from re- ceiving the full benefit of school work, or requiring a modification of such work to prevent injury to the pupils or to receive the best educational results. If it be ascertained upon such test or examination that any of such pupils are inflicted with defective sight or hear- ing or other physical disability as above described the principal or teacher, having charge of such school, shall 342 The Public Health Law notify the parents or other persons with whom such pupils are living, as to the existence of such defects and physical disability. If the parents or guardians are unable or unwilling to provide the necessary relief and treatment for such pupils, such fact shall be re- ported by the principal or teacher to the medical in- spector, whose duty it shall be to provide relief for such pupils. (Added by L. 1913, ch. 627, in effect Aug. 1, 1913.) § 574. Record of examinations; eye and ear tests. Medical inspectors or principals and teachers in charge of public schools shall make eye and ear tests of the pupils in such schools at least once in each school year. The state commissioner of health shall prescribe the method of making such tests, and shall furnish general instruction in respect to such tests. The commis- sioner of education, after consultation with the state commissioner of health, shall prescribe and furnish to the school authorities suitable rules of instruction as to tests and examinations made as provided in this article, together with test cards, blanks, record books and other useful appliances for carrying out the purposes of this article. The commissioner of education shall provide for pupils in the normal schools, city training schools and training classes instruction and practice in the best methods of testing the sight and hearing of children. (Added by L. 1913, ch. 627, in effect Aug. 1, 1913.) § 575. Existence of contagious diseases; return after illness. Whenever upon investigation a pupil in the public schools shows symptoms of small-pox, scarlet fever, measles, chicken-pox, tuberculosis, diphtheria, in- fluenza, tonsilitis, whooping-cough, mumps, scabies or trachoma, he shall be excluded from the school and sent to his home immediately, in a safe and proper convey- ance, and the health officer of the city or town shall be immediately notified of the existence of such disease. EXTRACTS FROM EDUCATION LAW 343 The medical inspector shall examine each pupil return- ing to a school without a certificate from the health officer of the city or town, or the family physician, after absence on account of illness or from unknown cause. Such medical inspectors may make such examinations of teachers, janitors and school buildings as in their opinion the protection of the health of the pupil and teachers may require. (Added by L. 1913, ch. 627, in effect Aug. 1, 1913.) { 576. Enforcement of law. It shall be the duty of the commissioner of education to enforce the pro- visions of this article, and he may adopt such rules and regulations not inconsistent herewith, after con- sultation with the state commissioner of health, for the purpose of carrying into full force and effect the objects and intent of this article. He may, in his discretion, withhold the public money from a district which willfully refuses or neglects to comply with this article, and the rules and regulations made hereunder. (Added by L. 1913, ch. 627, in effect Aug. 1, 1913.) § 577. State medical inspection of schools. The commissioner of education shall appoint a competent physician who has been in the actual practice of his profession for a period of at least five years, as state medical inspector of schools. The state medical in- spector of schools, under the supervision of the com- missioner of education, shall perform such duties as may be required for carrying out the provisions of this article. The said medical inspector shall be appointed in the same manner as other employees of the education department. (Added by L. 1913, ch. 627, in effect Aug. 1, 1913.) 344 The Public Health Law Requiring parents and guardians to compel children to attend school. § 624. Duties of persons in parental relation to children. Every person in parental relation to a child within the compulsory school ages and in proper phy- sical and mental condition to attend school, shall cause such child to attend upon instruction, as follows: 1. In cities and school districts having a population of five thousand or above, every child between seven and sixteen years of age as required by section six hundred and twenty-one of this act unless an employment cer- tificate shall have been duly issued to such child under the provisions of the labor law and he is regularly em- ployed thereunder. 2. Elsewhere than in a city or school district having a population of five thousand or above, every child be- tween eight and sixteen years of age, unless such child shall have received an employment certificate duly issued under the provisions of the labor law and is regularly employed thereunder in a factory or mercan- tile establishment, business or telegraph office, restau- rant, hotel, apartment house or in the distribution or transmission of merchandise or messages, or unless such child shall have received the school record certificate issued under section six hundred and thirty of this act and is regularly employed elsewhere than in the factory or mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages. Penalty where parents do not compel children to attend school. § 025. Penalty for failure to perform parental duty. A violation of section six hundred and twenty-four shall be a misdemeanor, punishable for the first offense by a fine not exceeding five dollars, or five days'. EXTBAOTS FROM GeOTSRAL BUSINESS LAW 345 imprisonment, and for each subsequent offense by a fine not exceeding fifty dollars, or by imprisonment not ex- ceeding thirty days, or by both such fine and imprison- ment. Courts of special session and police magistrates shall, subject to removal as provided in sections fifty- seven and fifty-eight of the code of criminal procedure, have exclusive jurisdiction in the first instance to hear, try and determine charges of violations of this section within their respective jurisdictions.* EXTRACTS FROM GENERAL BUSINESS LAW (L. 1909, ch, 25, const, ch. 20 of Cons. Laws.) State board of health to prescribe tests for illuminating oils. § 304. Standard and storage of illuminating oils. ISTo person shall manufacture or have in his possession or sell or give away for illuminating or heating pur- poses in lamps or stoves within this state, any oil or burning fluid wholly or partly composed of naphtha, coal oil, petroleum or products thereof, or of other sub- stances or materials emitting an inflammable vapor which will flash at a temperature below one hundred degrees Fahrenheit, according to the instruments and tests approved by the state board of health. No such oil or fluid which will ignite at a tempera- ture below three hundred degrees Fahrenheit shall be burned or be carried as freight in any passenger or baggage car or passenger boat moved by steam or electric power in this state, or in any stage or street car, however propelled, except that coal oil, petroleum and its products may be carried, when securely packed * See People v. Ekerold (1914), 211 N. Y. 3S6, which holds that a parent keeping his child out of school by a refusal to have the child vaccinated, so that the school authorities can- not admit the child, is subject to these penalties. Also see Shappee v. Curtis (1911), 142 App. Div. 155, 127 N. T. Supp. 33. 346 The Public Health Law in barrels or metallic packages, in passenger boats pro- pelled by steam when there are no other public means of transportation. The state board of health shall prescribe the tests and instruments by which such oils and fluids shall be tested, and shall adopt such measures to enforce the provisions of this section and such rules and regula- tions for collecting, examining and testing samples of such oils and fluids as to them may seem necessary. The public analysts employed by or under the direction of such board shall test the samples of such oils and fluids as may be submitted to them under the rules of the board, for which they shall receive such reasonable compensation as the board may allow. Naphtha and other illuminating products of petro- leum which will not stand the flash test required by this section, may be used for illuminating or heating purposes only in the following cases: 1. In street lamps and open air receptacles apart from any building, factory or inhabited house in which the vapor is burned. 2. In dwellings, factories or other places of business when vaporized in secure tanks or metallic generators made for that purpose, in which the vapor so generated is used for lighting or heating. 3. For use in the manufacture of illuminating gas in gas manufactories situated apart from dwellings and other buildings. Any person violating any provision of this section shall forfeit to the city or village, or if not in a city or village to the town in which the violation occurs, the sum of one hundred dollars for every such violation, and for every day or part of a day that such violation occurs. This section shall not apply to the city of New York, and shall not supersede but shall be in addition to the ordinances or regulations of any city or village made Extract from General City Law 347 pursuant to law for the inspection or control of com- bustible materials therein. EXTRACT FROM GENERAL CITY LAW ARTICLE IV § 45 -b. Further requirements relating to the business of plumbing. 1. No person otherwise qualified shall engage in the trade, business or calling of a plumber or of plumbing in a city of this state as employing or master plumber until he has first procured from the board or department of health in such city or in the city of New York, from the examining board of plumbers a metal plate or sign appropriately lettered or marked " licensed plumber ; " such plate or sign to be conspicuously posted in the window of the place where such business is conducted. Any person retir- ing, abandoning or not actually engaged in such trade, business or calling hereinbefore mentioned, shall sur- render to the board or department of health of the city, or in the city of New York, to the examining board of plumbers such metal plate or sign and shall net again engage in such trade, business or calling until he has again procured a metal sign as herein provided. 2. Within thirty days after this section takes effect, the board or department of health in every city of this state and in the city of New York, the examining board of plumbers shall prepare metal plates or signs, at least fourteen inches wide and not less than twenty-two inches in length appropriately lettered or marked " licensed plumber/' the lines of each letter to be four inches long and five-eighths of an inch wide; suc!i plate or sign shall, on some part thereof, contain an identification number, which number together with the name and location of the place of business of the person to whom issued shall be recorded in the office of such board or department of health or such exam- 348 The Public Health Law • ining board of plumbers in the city of New York. Every person now actually engaged or about to engage in the trade, business or calling of a plumber or of plumbing as employing or master plumber, who has otherwise complied with the provisions of law relating to the conduct of such business upon the payment of five dollars to the board or department of health of such city or in the city of New York to the examining board of plumbers shall have issued to him a sign or plate hereinbefore described. Any person to whom such plate or sign has been issued who shall loan, rent, sell or transfer the same to another person whether such person be entitled to receive a similar plate or sign or not, or otherwise wilfully violates the provisions of this section forfeits his license and certificate of qualifica- tions and shall be guilty of a misdemeanor punishable by a fine of not exceeding fifty dollars for the first offense, and not less than one hundred nor more than five hundred for a subsequent offense. The provisions of this section shall apply to all cities of the state, including the city of New York. (Added by L. 1916, ch. 305, in effect Sept. 1, 1916.) EXTRACTS FROM GENERAL MUNICIPAL LAW (L. 1909, ch. 29, const, ch. 24 of Cons. Laws.) § 81. Peddling and hawking farm produce. The governing board of a municipal corporation shall not by ordinance or otherwise regulate or prohibit the pur- suit or exercise of hawking and peddling farm produce except hay and straw within the limits of any such municipal corporation, if such farm produce is hawked or peddled by the producer thereof, or his servants or employees; nor shall the governing board of any such municipal corporation pass an ordinance requiring such producer of farm produce to secure a license for peddling and hawking such farm produce within the limits of Extracts from General Municipal Law 349 such municipal corporation. Nothing contained herein shall affect any pending action or proceeding to recover penalties imposed for violations of existing ordinances and regulations. Nothing in this section shall be con- strued to permit wagons from which farm products is sold to stand in front of stores or private residences for a longer time than may be necessary for the sale and delivery of produce purchased by the occupants of such stores or residences; nor to permit the congregat- ing of such wagons upon any street or thoroughfare not set apart by the municipality as a public market for the sale of farm produce. This section shall not apply to cities of the first class. Workshop in connection with tuberculosis hospitals. § 13'5-a. Any municipal corporation maintaining a hospital or a sanatorium for the treatment of tubercu- losis may establish and maintain workshops in connec- tion therewith for the production of articles or supplies required by such hospital or sanatorium, or by any other institution or department of such municipality. Except in a supervisory capacity no person shall be employed in such workshop or workshops unless he is or shall have been a patient suffering from tuberculosis in such hospital or sanatorium. The appropriate mu- nicipal authorities may appropriate or provide funds for the establishment and maintenance of the said work- shops in the same manner as for the establishment and maintenance of such hospitals or sanatoria. Notwith- standing the provisions of the prison law in relation to the sale of articles manufactured in the state prisons, the products of such workshop may be used in such hospital or sanatorium or by any other institution or department of such municipality. Such workshops shall be under the direction and control of the municipal authority having direction and control of the hospital or sanatorium to which they may be attached. (Added by L. 1913, ch. 341, in effect April 19, 1913.) 350 The Public Health Law EXTRACTS FROM INSANITY LAW (L. 1909, ch. 32, cons. ch. 27 of Cons. Laws.) § 20. State hospital and care of insane; commission shall advise with health officer as to detention of insane persons. The commission is charged with the duty of seeing that the laws relating to the detention, care and treatment of insane or apparently insane persons who are under examination as to their sanity or who are detained or confined pending commitment and prior to their transfer to institutions for the insane, are exe- cuted. The commission shall: 1. Make recommendations to and advise with health officers and other officers having duties to perform in respect to the detention, care and treatment of such insane or apparently insane persons, as to the perform- ance of such duties and as to the requirements of places in which such persons are to be detained, and relating generally to the protection and promotion of the physi- cal and mental welfare of such persons. 2. Visit or cause to be visited and inspected build- ings, rooms or other places permanently established in any city, village or town, as provided by law, for the detention or confinement of insane or apparently insane persons, pending an examination as to their sanity, and prior to their transfer to an institution for the insane. 3. Examine into the qualifications of persons em- ployed as provided by law in the care of insane or apparently insane persons, pending their examination, commitment and transfer, and recommend the discharge, for reasons stated in writing, of persons so employed who are found by the commission to be incompetent. 4. Employ a medical inspector and such other persons as may be necessary to carry into effect the purposes of this section. EXTBACTS FEOM INSANITY LAW 351 If upon an inspection, made as authorized by this sec- tion, it shall be ascertained that any building, room or place established and regularly used in any city, town or village for the detention and confinement of insane or apparently insane persons pending examination and commitment, and prior to transfer, does not conform to the requirements of law, or if the care and treatment of persons confined therein are inadequate, the commis- sion shall make a recommendation in writing to the board or officer of the towna, village or city whose duty it is to establish and maintain such building, room or place, describing the defect or failure and stating how the same shall be remedied. It shall be the duty of such board or officer to cause such defect or failure to be remedied so as to conform to such recommendations. If such defect or failure is not so remedied within a reasonable time, the commission may apply to a justice of the supreme court at special term in the judicial district in which such building, room or place is situ- ated for an order directing that such defect or failure shall be remedied as provided therein. At least ten days' notice of such application shall be given to the board or officer to whom such recommendation was made. If upon a hearing of such application it shall be ascertained that the recommendation of the commis- sion is reasonable and in accordance with law, and has not been complied with, an order shall be granted direct- ing such board or officer to make such alterations and provide such changes in the building, room, place, or methods of care and treatment complained of in the application, and describing specifically the alterations and changes directed to be made by such order. For the purpose of carrying into effect the provisions of this section, each commissioner, and any duly authorized agent of the commission, shall have free access to the buildings, rooms and places provided for the detention or confinement of insane or apparently insane persons, 352 The Public Health Law pending an examination as to their sanity and prior to their transfer to an institution for the insane. All per- sons connected with any such building, room or place shall give such information, and afford such facilities for examination and visitation thereof as the commis- sion may desire. If any health officer or superintendent of a state hospital has knowledge of any violation of the law relating to the detention or confinement, care and treatment of an insane or apparently insane person on the part of a police officer, or any other municipal officer, he shall report the same to the commission, who may take such action in respect thereto as it shall deem proper. Provided that nothing in this section shall apply to pavilion F of the Albany Hospital located in the city of Albany. (Added by L. 1914, ch. 306, in. effect April 11, 1914.) Health officer may request temporary commitment of insane persons. § 82. Proceedings to determine the question of insanity. . . . 2. The superintendent of any state hospital for the insane may, when requested by a health officer, receive and care for in such hospital as a patient, for a period not exceeding ten days, any person who needs immediate care and treatment because of mental derangement other than delirium tremens or drunken- ness. Such request for admission of a patient shall be in writing and shall be filed at the hospital at the time of his reception, together with a statement in a form prescribed or approved by the state hospital commis- sion giving such information as said commission may deem appropriate. Any such patient who is deemed by the superintendent not suitable for such care shall, upon the formal request of the superintendent, be removed forthwith from the hospital by the health officer request- ing his reception, and, if he is not so removed, the town, city or county in which the patient has a legal settle- ment as provided by article four of chapter forty-six of Extracts from Insanity Law 353 the laws of nineteen hundred and nine, and in case such person has gained no legal settlement then the county in which such person may be previous to the time of admission, shall be liable forthwith for all reasonable expenses incurred under the provisions of this subdivi- sion on account of such patient. Unless the patient shall sign a request to remain as a voluntary patient under the provisions of section ninety-nine of this chap- ter, the health officer making application shall cause such patient to be examined by two medical examiners in lunacy, qualified as provided in the preceding section, and if found insane shall cause him to be duly com- mitted by any judge of a court of record, or, if found nane, shall cause him to be removed therefrom before the expiration of said period of ten days. Reasonable expenses incurred for the examination of .the patient and his transportation to and from the hospital shall be allowed and certified by the judge or justice ordering the commitment and shall be a charge upon the town, city or county as provided in this subdivision. A report of the admission of a patient for observation under the provisions of this subdivision together with copy of formal statement of health officer shall be mailed to the state hospital commission within twenty-four hours after such admisssicn. (Am'd by L. 1912, ch. 121 and L. 1914, ch. 307, in effect April 11, 1914.) Compensation and expenses of health officers in connec- tion with commitment of insane persons. § 84. Costs of commitment. The costs necessarily incurred in determining the question of the insanity of a poor or indigent, or other person under this chapter, or under section twenty-six of chapter four hundred and forty-six of the laws of eighteen hun- dred and seventy-four, including the fees allowed by the judge or justice ordering the commitment to the 12 354 The Public Health Law medical examiners or medical witnesses called by him and other necessary expenses, and in securing the admission of such person into a state hospital and the expense of providing proper clothing and proper medical care and nursing, for such person in accord- ance with the rules and regulations adopted by the commission, shall be a charge upon the towD, city or county securing the commitment; but in the city of New York all fees of medical examiners and medical witnesses appointed or called by a judge of any court in said city for the purpose of determining the question of the insanity of any such person, and not heretofore paid, may be audited and allowed in the first instance either by the judge or justice appointing the medical examiners or by the comptroller of said city and shall be paid by the chamberlain of said city on the warrant of the comptroller from the court fund and charged to the proper county within said city. If the person sought to be committed is not a poor or indigent person, the costs and expenses of the proceeding to determine his insanity and secure his commitment paid by any town, city or county may be collected by it from the estate of such person, or from the persons legally liable for his maintenance, and the same shall be a charge upon the estate of such person, or the same shall be paid, by the persons legally liable for his maintenance. The compensation or fees and expenses of health officers for duties performed in respect to the examination, confinement, care and treatment of insane or alleged insane persons, as required by this act, shall in each case be determined and allowed by the judge or justice ordering the commitment or hearing the application, and shall be a charge upon the town, city or county in which such persons reside or may be. If the fees and expenses so de- termined and allowed are a charge upon the county or town, such judge or justice shall issue a certificate stating the amount thereof, to whom to be paid, and EXTEACTS FROM INSANITY LAW 355 whether a charge upon the county or a town, and if the latter, the name of the town, which shall be pre- sented to the county treasurer and be paid by him out of any moneys available for such purpose. The county treasurer shall report the amount paid by him on account of such fees and expenses to ,the board of supervisors, and the amount thereof which is chargeable against any town in the county shall be levied against the taxable property thereof in the same manner as other town charges are levied. If there is no money in the county treasury available for the payment of such fees and expenses, the county treasurer is hereby authorized and directed to borrow on the credit of the county a sum sufficient to pay such fees and expenses, and may issue certificates of indebtedness therefor, the principal and interest of which, at a rate not exceeding six per centum, shall be binding upon the county, and shall be paid in the same manner as other county obli- gations. If the compensation or fees and expenses of health officers as so determined and allowed are a charge upon a city they shall be paid in the same manner as the other expenses of the health department or bureau in such city. (Am'd by L. 1910, ch. 608, in effect Oct. 1, 1910.) § 87. Duties of health officers in regard to their in- sane. All county superintendents of the poor, over- seers of the poor, health officers and other city, town or county authorities, having duties to perform relating to the poor, are charged with the duty of seeing that all poor and indigent insane persons within their respective municipalities, are timely granted the necessary relief conferred by this chapter. The poor officers or authori- ties above specified, except in the city of New York and in the county of Albany, shall notify the health officer of the town, city or village of any poor or indigent insane or apparently insane person within such munici- 356 The Public Health Law pality whom they know to be in need of the relief con- ferred by this chapter. When so notified, or when other- wise informed of such fact, the health officer of the city, town or village, except in the city of New York and the county of Albany, where such insane or appar- ently insane person may be, shall see that proceedings are taken for the determination of his mental condition and for his commitment to a state hospital. Such health officer may direct the proper poor officer to make an application for such commitment, and, if a qualified medical examiner, may join in making the required cer- tificate of lunacy. When so directed by such health officer it shall be the duty of the said poor officer to make such application for commitment. When notified or informed of any poor or indigent insane or appar- ently insane person in need of the relief conferred by this chapter, such health officer shall provide for the proper care, treatment and nursing of such person, as provided by law and the rules of the commission, pend- ing the determination of his mental condition and his commitment and until the delivery of such insane per- son to the attendant sent to bring him to the state hospital, as provided in this chapter. In the boroughs of Manhattan and the Bronx, in the city of New York, it shall be the duty of the trustees of Bellevue and allied hospitals, and in the boroughs of Brooklyn, Queens and Richmond, in the city of New York and also in the county of Albany, it shall be the duty of the commissioner of public charities to see that all poor and indigent insane or apparently insane persons in such boroughs or county, respectively, are properly cared for and treated. It shall also be the duty of such trustees of Bellevue and allied hospitals, or the commissioner of public charities of the city of New York or the county of Albany, to see that proceedings are taken for the deter- EXTBACTS FROM INSANITY LAW 357 mination of the mental condition of any such person in the boroughs or county mentioned, who comes under their observation or is reported to them as apparently insane, and, when necessary, to see that proceedings are instituted for the commitment of sueh person to an institution for the care of the insane; provided that such report is made by any person with whom such alleged insane person may reside, or at whose house he may be, or by the father, mother, husband, wife, brother, sister, or child of any such person, or next of kin available, or by any duly licensed physician, or by any peace officer, or by a representative of an incorpo- rated society doing charitable or philanthropic work. When the trustees of Bellevue and allied hospitals are thus informed of an apparently insane person, residing in the boroughs of Manhattan or the Bronx, or when the commissioner of public charities of the city of New York is thus informed of an apparently insane person residing in the boroughs of Brooklyn, Queens or Rich- mond, it shall be the duty of these authorities, respect- ively, to send a nurse or a medical examiner in lunacj'. attached to the psychopathic wards of their respective institutions, or both, to the place where the alleged insane person resides or is to be found. If, in the judgment of the chief resident alienist of the respective psychopathic wards or of the medical examiner thus sent, the person is in immediate need of care and treat- ment or observation for the purpose of ascertaining his mental condition, he shall be removed to such psycho- pathic ward for a period not to exceed ten days, and the person or persons most nearly related to him, so far as the same can be readily ascertained by such trustees, or commissioner, shall be notified of such removal. When an order of commitment has been made as pro- vided in this chapter, such health officer, or, in the city of New York and in the county of Albany, the authorities above specified in their respective boroughs 358 The Public Health Law or county, shall see that such insane persons are, with- out unnecessary delay, transferred to the proper insti- tutions provided for their care and treatment as the wards of the state. Before sending a person to any such institution, they shall see that he is in a state of bodily cleanliness and comfortably clothed with suitable or new clothing, in accordance with the regulations pre- scribed by the commission. Each patient shall be sent to the state hospital, within the district embracing the county from which he is committed, except that the commission may, in its discretion, direct otherwise, but private or public insane patients, for whom homeopathic care and treatment may be desired by their relatives, friends or guardians, may be committed to the Middle- town State Homeopathic Hospital, or the Gowanda State Homeopathic Hospital, from any of the counties of the state, in the discretion of the judge granting the order of commitment; and the hospital to which any patient is ordered to be sent shall, by and under the regulations made by such commission, send a trained attendant to bring the patient to the hospital. Each female com- mitted to any institution for the insane shall be accom- panied by a female attendant, unless accompanied by her father, brother, husband or son. The commission may, by order, direct that any person it deems unsuit- able therefor shall not be so employed or act as such attendant. After the patient has been delivered to the proper officers of the hospital, the care and custody of the municipality from which he is sent shall cease. In no case shall any insane person be confined in any other place than a state hospital or duly licensed insti- tution for the insane, for a period longer than ten days, nor shall such person be committed as a disorderly per- son to any prison, jail or lock-up for criminals. Except in the city of New York and the county of Albany, the health officer of the town, village or city wherein an insane or alleged insane person may be shall see that EXTBACTS FKOM INSANITY LAW 359 such person is cared for in a place suitable for the com- fortable, safe and humane coniinement of such person, pending the determination of the question of his sanity and until his transfer to a state hospital or some other proper institution for the insane as provided in this chapter. Such person shall not be confined in any such place without an attendant in charge of him, and the said health officer shall select some suitable person to act as such attendant. The proper authorities of any such town, city or county may provide a permanent place for the reception and temporary confinement, care and nursing of insane or alleged insane persons which shall conform in all respects to the rules and requirements of the commis- sion; all poor and indigent insane persons received at any such place for investigation of their mental condi- tion or pending commitment and transfer to a state hospital shall be maintained therein at the expense of such town, city or county. Any person apparently in- sane, and conducting himself in a manner which in a sane person would be disorderly, may be arrested by any peace officer and confined in some safe and comfort- able place until the question of his sanity be determined, as prescribed by thi3 chapter. The officer making such arrest shall immediately notify the health officer of the town, village or city, except in the city of New York and in the county of Albany, who shall forthwith take proper measures for the determination of the question of the insanity of such person, and for his proper care and treatment as provided in this section, pending his transfer to an institution for the insane. Whenever in the city of New York an information is laid before a magistrate that a person is apparently insane the magis- trate must issue a warrant directed to the sheriff of the county in which the information is made, or any mar- shal or policeman of the city of New York, reciting the substance of the information, and commanding the offi- cer forthwith to arrest the person alleged to be Iniane, 360 The Public Health Law and bring him before the magistrate issuing the war- rant. If upon arraignment it appears to the magistrate issuing the warrant that the person so arraigned before him is apparently insane it shall be the duty of the magistrate, if such information is laid in the boroughs of Manhattan and the Bronx, to commit such appa- rently insane person to the care and custody of the board of trustees of Bellevue and allied hospitals at Bellevue hospital, and therein kept in a safe and com- fortable place until the question of his sanity be deter- mined as prescribed by this chapter, and in the boroughs of Brooklyn, Queens and Richmond the said magistrate shall commit such apparently insane person to the care of the commissioner of public charities who shall keep such person in a safe and comfortable place until the question of his sanity be determined as herein pre- scribed. Whenever in the city of New York a person is committed as apparently insane as above provided it shall be the duty of the board of trustees of Bellevue and allied hospitals or the commissioner of public chari- ties, as the case may be, to forthwith take proper meas- ures for the determination of the question of the insan- ity of such person. (Am'd by L. 1910, ch. 608 and L. 1912, ch. 121, in effect April 3, 1912.) Confinement of dangerous insane persons in such man- ner as local health officer shall approve. § 88. Duty of committee and others to care for the insane; apprehension and confinement of a dangerous insane person. When an insane person is possessed of sufficient property to maintain himself, or his father, mother, husband, wife or children are of sufficient ability to maintain him, and his insanity is such as to endanger his own person, or the person and property of others, the committee of his person and estate, or such father, mother, husband, wife or children must provide a suit- able place for his confinement, and there maintain him in such manner as shall be approved by the health officer EXTRACTS FROM INSANITY LAW 361 of the town, village or city where he is confined, and in accordance with the rules of the commission. The health officers of towns, villages and cities, or in the boroughs of Manhattan and the Bronx in the city of New York the board of trustees of Eellevue and allied hospitals, and in the boroughs of Brooklyn, Queens and Richmond in said city, and also in the county of Albany, the com- missioner of public charities are required to see that the provisions of this section are carried into effect in the most humane and speedy manner. Upon the refusal or neglect of committee, guardian or relative of an insane person to cause him to be confined, as required in this chapter, the officers named in this section shall apply, or cause application to be made, to a judge of a court of record of the city or county, or to e justice of the supreme court of the judicial district in which such insane person may reside or be found, who, upon being satisfied, upon proper proofs, that such person is dangerously insane and improperly cared for or at large, shall issue a precept to one or more of the officers named, commanding them to apprehend and con- fine such insane person in some comfortable and safe place; and such officers in apprehending such insane per- son shall possess all the powers of a peace officer execut- ing a warrant of arrest in a criminal proceeding. Un- less an order of commitment has been previously granted, such officers shall forthwith make, or cause to be made, application for the proper order for his commitment to the proper institution for the care, custody and treat- ment of the insane, as authorized by this chapter, and if such order is granted, such officer shall take the neces- sary legal steps to have him transferred to such institu- tion. Pending such transfer the health officer of the proper town, village or city, and, in the city of New York and the county of Albany, the officers above named for the respective boroughs, or county, shall see that such insane person is cared for in a suitable place and S62 The Public Health Law is provided with proper medical care and nursing. The cost and expense incurred by the health officer in the performance of his duties under this section shall, when allowed by the judge or justice ordering the commitment, be a charge against the town, city or county liable for the costs of the commitment of an insane person under this chapter and shall be paid in the manner prescribed by section eighty-four of this chapter. (Am'd by L. 1910, ch. 608, and L. 1912, ch. 121, in effect April 3, 1912.) § 173. Commitment of inebriates, including habitual users of narcotics, to private institutions. The judge of a court of record in the county or district where an alleged inebriate resides, or a judge of any court of record, may commit such person to any private licensed institution for the insane, in the manner here- inafter provided, upon a proper application and upon the consent in writing of the trustees, signed by their superintendent or executive officer, upon the certificates in writing made, executed and verified by at least two physicians, qualified to act as medical examiners in lunacy, showing tbat such person is over the age of eigh- teen years, and is incapable or unfit to properly conduct himself or herself, or his or her affairs, or is dangerous to himself or herself or others by reason of periodical, frequent or constant drunkenness, induced either by the use of alcoholic or other liquors, or of opium, morphine, or other narcotic or intoxicating or stupefying substance. Such certificate must further show that such person is in actual need of special care and treatment, and that his condition is such that his detention, care and treatment in such institution would be likely to effect a cure. Such certificate shall also specifically state the facts and cir- cumstances upon which the judgment of each physician is based and shall show the result of such examination. It must appear upon the face of such certificate that Extracts from Labor Law 363 each physician executing the same has made a personal examination of the person alleged to be an inebriate, and that such an examination has been made within ten days prior to the application for the commitment. (Added by L. 1913, ch. 526, in effect May 15, 1913.) EXTRACTS FROM LABOR LAW (L. 1909, ch. 36, cons. Ch. 31 of Cons. Laws.) Industrial poisonings to be reported by physicians, and commissioner of labor may call on state and local boards of health for help in enforcing this provision. § 65. Industrial poisonings to be reported. 1. Every medical practitioner attending on or called in to visit a patient whom he believes to be suffering from poison- ing from lead, *pliosphorous, arsenic, brass, wood alco- hol, mercury or their compounds, or from anthrax, or from compressed air illness, contracted as the result of the nature of the patient's employment, ahall send to the commissioner of labor a notice stating the name and full postal address and place of employ- ment of the patient and the disease from which, in the opinion of the medical practitioner, the patient is suffer- ing, with such other and further information as may be required by the said commissioner. 2. If any medical practitioner, when required by this section to send a notice, fails forthwith to send the same, he shall be liable to a fine not exceeding ten dollars. 3. It shall be the duty of the commissioner of labor to enforce the provisions of this section, and he may call upon the state and local boards of health for assistance. (Added by L. 1911, ch. 25S and renumbered and am'd by L. 1913, ch. 145, in effect March 28, 1913.) § 70. Employment of minors. No child under the age of fourteen years shall be employed, permitted * So in original. 364 The Public Health Law 6r suffered to work in or in connection with any factory in this state, or for any factory at any place in this state. No child between the ages of fourteen and sixteen years shall be so employed, per- mitted or suffered to work unless an employment certifi- cate, issued as provided in this article, shall have been theretofore filed in the office of the employer at the place of employment of such child. Nothing herein contained shall prevent a person engaged in farming from permit- ting his children to do farm work for him upon his farm. Boys over the age of twelve years may be em- ployed in gathering produce, for not more than six hours in any one day, subject to the requirements of chapter twenty-one of the laws of nineteen hundred and nine, entitled "An act relating to education, constituting chapter sixteen of the consolidated laws," and all acts amendatory thereof. (Am'd by L. 1913, ch. 529, in effect May 15, 1913.) Employment certificates for minors to be issued by local department of health. § 71. Employment certificate, how issued. Such cer- tificate shall be issued by the commissioner of health or the executive officer of the board or department of health of the city, town or village where such child resides or is to be employed, or by such other officer thereof as may be designated by such board, department or commissioner for that purpose, upon the applica- tion of the parent, guardian or custodian of the child desiring such employment. Such officer shall not issue such certificate until he has received, examined, ap- proved and filed the following papers duly executed, namely: The school record of such child properly filled out and signed as provided in this article; also, evidence of age showing that the child is fourteen years old or Extracts from Labor Law 365 upwards, which shall consist of the evidence thereof provided in one of the following subdivisions of this section and which shall be required in the order herein designated as follows: (a) Birth certificate; passport or baptismal certifi- cate. A duly attested transcript of the birth certifi- cate filed according to law with a registrar of vital statistics or other officer charged with the duty of recording births; or a passport; or a duly attested tran- script of a certificate of baptism showing the date of birth of such child. (b) Other documentary evidence. In case it shall appear to the satisfaction of the officer to whom appli- cation is made, as herein provided, for an employment certificate, that a child for whom such certificate is requested and who has presented the school record, is in fact over fourteen years of age, and that satisfactory documentary evidence of age can be produced, which does not fall within any of the provisions of the preced- ing subdivisions of this section, and that none of the papers mentioned in said subdivisions can be produced, then and not otherwise he shall present to the board of health of which he is an officer or agent, for its action thereon, a statement signed by him showing such facts, together with such papers as may have been produced before him constituting such evidence. The commis- sioner of health, or when officially authorized, the issu- ing officer of the board or department of health may then accept such evidence as sufficient as to the age of such child, and a record of such evidence shall be fully entered on the minutes of the board at the next meet- ing thereof. (c) Physicians' certificates. In cities of the first class only, in case application for the issuance of an employment certificate shall be made to such officer by a child's parent, guardian or custodian who alleges his inability to produce any of the evidence of age specified 366 The Public Health Law in the preceding subdivisions of this section, and if the child is apparently at least fourteen years of age, such officer may receive and file an application signed by the parent, guardian or custodian of such child for physi- cians' certificates. Such application shall contain the alleged age, place and date of birth, and present resi- dence of such child, together with such further facts as may be of assistance in determining the age of such child. Such application shall be filed for not less than sixty days after date of such application for such physi- cians' certificates, for an examination to be made of the statements contained therein, and in case no facts appear within such period or by such examination tend- ing to discredit or contradict any material statement of such application, then and not otherwise the officer may direct such child to appear thereafter for physical examination before two physicians officially designated by the board of health, and in case such physicians shall certify in writing that they have separately examined such child and that in their opinion such child is at least fourteen years of age such officer shall accept such certificates as sufficient proof of the age of such child for the purposes of this section. In case the opinions of such physicians do not concur, the child shall be examined by a third physician and the concurring opin- ions shall be conclusive for the purpose of this section as to the age of such child. Such officer shall require the evidence of age specified in subdivision (a) in preference to that specified in any subsequent subdivision and shall not accept the evidence of age permitted by any subsequent subdivision unless he shall receive and file in addition thereto an affidavit of the parent showing that no evidence of age specified in any preceding subdivision or subdivisions of this section can be produced. Such affidavit shall contain the age, place and date of birth, and present residence of auch child, which affidavit must be taken before th« Extbacts from Labor Law 367 officer issuing the employment certificate, who is hereby authorized and required to administer such oath and who shall not demand or receive a fee therefor. Such employment certificate shall not be issued until such child further has personally appeared before and been examined by the officer issuing the certificate, and until such officer shall, after making such examination, sign and file in his office a statement that the child can read and write correctly simple sentences in the English language and that in his opinion the child is fourteen years of age or upwards and has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work which it intends to do. Every such employment certifi- cate shall be signed, in the presence of the officer issuing the same, by the child in whose name it is issued. In every case, before an employment certificate is issued, such physical fitness shall be determined by a medical officer of the department or board of health, who shall make a thorough physical examination of the child and record the result thereof on a blank to be furnished for the purpose by the industrial commission and shall set forth thereon such facts concerning the physical condi- tion and history of the child as the industrial commis- sion may require. In case the evidence of age, filed as in this section provided, shows such child to be fourteen years old but fails to show such child to be fifteen years old, no employment certificate shall be issued unless such child, in addition to complying with all the requirements of this section and producing the school record described in section seventy-three, shall also present a certificate of graduation properly issued in the name of such child, from a public elementary school, or school equivalent thereto or parochial school, or a preacademic certificate issued by the regents, or a certificate of the completion 368 The Public Health Law of an elementary course issued by the education depart- ment. (Am*d by L. 1912, ch. 333, and L. 1916, ch. 465, in effect Oct. 1, 1917.) § 72. Contents of certificate. Such certificate shall state the date and place of birth of the child, and describe the color of the hair and eyes, the height and weight and any distinguishing facial marks of such child, and that the papers required by the preceding section have been duly examined, approved and filed and that the child named in such certificate has appeared before the officer signing the certificate and been examined. School record to be furnished department of health. § 73. School record, what to contain. The school record required by this article shall be signed by the principal or chief executive officer of the school which such child has attended and shall be furnished, on demand, to a child entitled thereto or to the board, department or commissioner of health. It shall contain a statement certifying that the child has regu- larly attended the public schools or schools equivalent thereto, or parochial schools, for not less than one hundred and thirty days during the twelve months next preceding his fourteenth birthday, or during the twelve months next preceding his application for such school record and is able to read and write simple sentences in the English language, and has received during such period instruction in reading, spelling, writing, English grammar and geography and is familiar with the funda- mental operations of arithmetic up to and including fractions and has completed the work prescribed for the first six years of the public elementary school or school equivalent thereto or parochial school from which such school record is issued. Such school record ghall also give the date of birth and residence of the Extracts from Labor Law 369 child as shown on the records of the school and the name of its parent or guardian or custodian. (Am'd by L. 1913, eh. 144, in effect Oct. 1, 1913.) Local department of health to transmit record of em- ployment certificates to commissioner of labor. § 75. Supervision over issuance of certificates. The board or department of health or health commissioner of a city, village or town, shall transmit, between the first and tenth clay of each month, to the commissioner of labor, a list of the names of all children to whom certificates have been issued during the preceding month together with a duplicate of the record of every exami- nation as to the physical fitness, including examinations resulting in rejection. In cities of the first and second class all employ- ment certificates and school records required under the provisions of this chapter shall be in such form as shall be approved by the commissioner of labor. In towns, tillages or cities other than cities of the first or second class, the commissioner of labor shall prepare and furnish blank forms for such employment certificates and school records. No school record or employment certificate required by this article other than those approved or furnished by the commissioner of labor as above provided shall be used. The commissioner of labor shall inquire into the administration and enforce- ment of the provisions of this article by all public officers charged with the duty of issuing employment certificates, and for that purpose the commissioner of labor shall have access to all papers and records required to be kept by all such officers. (Am'd by L. 1912, ch. 333. and L. 1913, ch 144, in effect Oct, 1, 1913.) Physical examination of children in factories; local board of health to be advised of revocation of em- ployment certificates, due to such examination. § 76-a. Physical examination of children in factories; .cancellation of employment certificates. 1. All children 370 The Public Health Law between fourteen and sixteen years of age employed in factories shall submit to a physical examination whenever required by a medical inspector of the state department of labor. The result of all such physical examinations shall be recorded on blanks furnished for that purpose by the commissioner of labor, and shall be kept on file in such office or offices of the department as the commissioner of labor may designate. 2. If any such child shall fail to submit to such physical examination, the commissioner of labor may issue an order cancelling such child's employment cer- tificate. Such order shall be served upon the employer of such child who shall forthwith deliver to an author- ized representative of the department of labor the child's employment certificate. A certified copy of the order of cancellation shall be served on the board of health or other local authority that issued the said certificate. Xo such child whose employment certificate has been cancelled, as aforesaid, shall, while said cancellation remains unrevoked, be permitted or suffered to work in any factory of the state before it attains the age of sixteen years. If thereafter such child shall submit to the physical examination required, the commissioner of labor may issue an order revoking the cancellation of the employment certificate and may return the employ- ment certificate to such child. Copies of the order of revocation shall be served upon the former employer of the child and the local board of health as aforesaid. 3. If as a result of the physical examination made by a medical inspector it appears that the child is physically unfit to be employed in a factory, such medical inspector shall forthwith submit a report to that effect to the commissioner of labor which shall be kept on file in the office of the commissioner of labor, setting forth in detail his reasons therefor, and the commissioner of labor may issue an order cancelling the employment certificate of such child. Such order Extracts from Labor Law 371 of cancellation shall be served, and the child's employ- ment certificate delivered up, as provided in subdivision two hereof, and no such child while the said order of cancellation remains unrevoked shall be permitted or suffered to work in any factory of the state before it attains the age of sixteen years. If upon a subsequent physical examination of the child by a medical inspector of the department of labor it appears that the physical infirmities have been removed, such medical inspector shall certify to that effect to the commissioner of labor, and the commissioner of labor may thereupon make an order revoking the cancellation of the employment cer- tificate and may return the certificate to such child. The order of revocation shall be served in the manner provided in subdivision two hereof. (Added by L. 1913, ch. 200, in effect Oct. 1, 1913.) § 103. Powers and duties of boards of health relative to tenement-made articles. If the commissioner of labor finds evidence of disease present in a room or apartment in a tenement house in which any articles are manufac- tured, altered, repaired or finished or in process thereof, he shall affix to such article the label prescribed in the preceding section, and immediately report to the local board of health, who shall disinfect such articles, if necessary, and thereupon remove such label. If the com- missioner of labor finds that infectious, contagious or communicable diseases exist in a room or apartment of a tenement house in which any articles are being manu- factured, altered, repaired or finished, or that articles manufactured or in process of manufacture therein are infected or that goods used therein are unfit for use, he shall report to the local board of health. The local health department or board in every city, town and Tillage whenever there is any infectious, contagious or communicable disease in a tenement house shall cause 372 The Public Health Law an inspection of such tenement house to be made within forty-eight hours. If any articles are found to be manufactured, altered, repaired or finished, or in process thereof in an apartment in which such disease exists, such board anall issue such order as the public health may require, and shall at once report such facts to the commissioner of labor, furnishing such further informa- tion as he may require. Such board may condemn and destroy all such infected article or articles manufac- tured or in the process of manufacture under unclean or unhealthful conditions. The local health department or board or other appropriate authority charged with the duty of sanitary inspection of such houses in every city, town and village shall, when so requested by the commissioner of labor, furnish copies of its records as to the presence of infectious, contagious or communi- cable disease, or of unsanitary conditions in said houses; and shall furnish such other information as may be necessary to enable the commissioner of labor to carry out the provisions of this article. (Am'd by L. 1913, ch. 260, in effect Oct. 1, 1913.) ARTICLE XII OF LABOR LAW Employment of Women and Children in Mercantile Establishments § 160. Application of article. The provisions of this article shall apply to all villages and cities which at the last preceding state enumeration had a population of three thousand or more. § 161. Hours of labor of minors and women; time for meals. 1. No child under the age of sixteen year* shall be employed, permitted or suffered to work in or in connection with any mercantile establishment, business office, telegraph office, restaurant, hotel, apartment house, theater or other place of amusement, bowling alley, barber shop, shoe-polishing establishment, or in the Extracts from Labor Law 373 distribution or transmission of merchandise, articles or messages, or in the distribution or sale of articles more than six days or forty-eight hours in any one week, or more than eight hours in any one day, or before eight o'clock in the morning or after six o'clock in the evening of any day. The foregoing provision shall not apply to any employment prohibited or regulated by section four hundred and eighty-five of the penal law. 2. No female employee over the age of sixteen years shall be reqr.ired, permitted or suffered to work in or in connection with any mercantile establishment more than six days or fifty-four hours in any one week, or more than nine hours in any one day, except that one day in each week may be longer than nine hours for the pur- pose of making one or more shorter work days in the week; or before seven o'clock in the morning or after ten o'clock in the evening of any day. This section does not apply to the employment of persons sixteen years of age or upward between the eighteenth day of December end the following twenty-fourth day of December, both inclusive, or to such employment for two additional days at any time during the year for the purpose of stock taking. 3. Not less than forty-five minutes shall be allowed for the noonday meal of the employees of any establish- ment specified in subdivision one hereof, unless the com- missioner of labor shall permit a shorter time. Such permit shall be kept conspicuously posted in the main entrance of the establishment, but it may be revoked at any time. Whenever any employee is employed or per- mitted to work after seven o'clock in the evening, such employee shall be allowed at least twenty minutes to obtain lunch or supper between five and seven o'clock in the evening. (Am'd by L. 1910, ch. 3S7, L. 1911, ch. 866, L. 1913, ch. 493, L. 1914, ch. 331, and L. 1915, ch. 886, in effect April 26, 1915.) 374 The Public Health Law § 161-a. Hours of labor of messengers. In cities of the first or second class no person under the age of twenty-one years shall be employed or permitted to work as a messenger for a telegraph or messenger company in the distribution, transmission or delivery of goods or messages before five o'clock in the morning or after ten o'clock in the evening of any day. (Added by L. 1910, ch. 342, in effect Oct. 1, 1910.) § 161-b. Employment of children in carrying and dis- tributing newspapers. Upon obtaining a permit and badge as provided by this section, a male child over twelve years of age between the close of school and six-thirty o'clock in the afternoon and a male child over fourteen years of age between five-thirty and eight o'clock in the morning may be employed to carry and distribute newspapers on a newspaper route in a city or village, if no other work or employment be required or permitted to be done by any such child during that time. The badge or permit required by this section shall be issued to such child by the district superintend- ent or the board of education of the city or village and school district where such child resides, or by such other officer thereof as may be officially designated by such board for that purpose, on the application of the parent, guardian or other person having the custody of the child desiring such permit and badge, or in case such child has no parent, guardian or custodian then on the application of his next friend, being an adult. Such permit and badge shall not be issued until the officer issuing the same shall have received, examined, approved and placed on file in his office satisfactory proof that such male child is of the age prescribed by this section, and shall also have received, examined and placed on file the written statement of the principal or chief executive officer of the school which the child is attend- ing, stating that such child is an attendant at such school, that he is of the normal development of a child Extracts feom Labob Law 375 of his age and physically fit for such employment, and that such principal or chief executive officer approves the granting of a permit and badge to such child. No such permit or badge shall be valid for any purpose except during the period in which such proof and written statement shall remain on file, nor shall such permit or badge be authority beyond the period fixed therein for its duration. After having received, examined and placed on file such papers the officer shall issue to the child a permit and badge. Such permit shall state the date and place of birth of the child, the name and address of its parent, guardian, custodian or next friend, as the case may be, and describe the color of hair and eyes, the height and weight and any distinguishing facial mark of such child, and shall further state that the papers required by this section have been duly examined and filed; and that the child named in such permit has appeared before the officer issuing the per- mit. The badge furnished by the officer issuing the permit shall bear on its face a number corresponding with the number of the permit, and the name of the child. Every such permit, and every such badge on its reverse side, shall be signed in the presence of the officer issuing the same by the child in whose name it is issued. The badge provided for herein shall be worn conspicu- ously at all times by such child while so working; and all such permits and badges shall expire annually on the first day of January. The color of the badge shall be changed each year. No child to whom such permit and badge are issued shall transfer the same to any other person nor be engaged in any city or village in distributing newspapers without having conspicuously upon his person such badge, and he shall exhibit the same upon demand at any time to any police or attend- ance officer. (Added by L. 1914, ch. 21, in effect Mch. 5, 1914.) 376 The Public Health Law § 162. Employment of children. No child under the age of fourteen years shall be employed or permitted to work in or in connection with any mercantile or other business or establishment specified in the preceding sec- tion. No child under the age of sixteen years shall be so employed or permitted to work unless an employ- ment certificate, issued as provided in this article, shall have been theretofore filed in the office of the employer at the place of employment of such child. (Am'd by L. 1911, ch. 866, in effect Oct. 1, 1911.) § 163. Employment certificate, how issued. Such certificate shall be issued by the commissioner of health or the executive officer of the board or department of health of the city, town or village where such child resides or is to be employed, or by such other officer thereof as may be designated by such board, department or commissioner for that purpose, upon the application of the parent, guardian or custodian of the child desiring such employment. Such officer shall not issue such cer- tificate until he has received, examined, approved and filed the following papers duly executed, namely: The school record of such child properly filled out and signed as provided in this article; also, evidence of age showing that the child is fourteen years old or upwards, which shall consist of the evidence thereof provided in one of the following subdivisions of this section and which shall be required in the order herein designated as follows: (a) Birth certificate; passport or baptismal certifi- cate. A duly attested transcript of the birth certificate filed according to law with a registrar of vital statistics or other officer charged with the duty of recording births; or a passport; or a duly attested transcript of a certificate of baptism showing the date of birth of such child. ()>) Other documentary evidence. In case it shall ar to the satisfaction of the officer to whom appli- Extracts from Labor Law 377 cation is made, as herein provided, for an employment certificate, that a child for whom such certificate is requested and who has presented the school record, is in fact over fourteen years of age, and that satisfactory documentary evidence of age can be produced, which does not fall within any of the provisions of the preced- ing subdivisions of this section, and that none of the papers mentioned in said subdivisions can be produced, then and not otherwise he shall present to the board of health of which he is an officer or agent, for its action thereon, a statement signed by him showing such facts, together with such papers as may have been produced before him constituting such evidence. The commis- sioner of health, or when officially authorized, the issu- ing officer of the board or department of health may then accept such evidence as sufficient as to the age of such child, and a record of such evidence shall be fully entered on the minutes of the board at the next meet- ing thereof. (c) Physicians' certificates. In cities of the first class only, in case application for the issuance of an employment certificate shall be made to such officer by a child's parent, guardian or custodian who alleges his inability to produce any of the evidence of age specified in the preceding subdivisions of this section, and if the child is apparently at least fourteen years of age, such officer may receive and file an application signed by the parent, guardian or custodian of such child for physi- cians' certificates. Such application shall contain the alleged age, place and date of birth, and present resi- dence of such child, together with such further facts as may be of assistance in determining the age of such child. Such application shall be filed for not less than sixty days after date of such application for such physi- cians' certificates, for an examination to be made of the statements contained therein, and in case no facts appear within such period or by such examination tending to discredit or contradict any material statement 378 The Public Health Law of such application, then and not otherwise the officer may direct such child to appear thereafter for physical examination before two physicians officially designated by the board of health, and in case such physicians shall certify in writing that they have separately examined such child and that in their opinion such child is at least fourteen years of age such officer shall accept such certificates as sufficient proof of the age of such child for the purposes of this section. In case the opinions of such physicians do not concur, the child shall be ex- amined by a third physician and the concurring opinions shall be conclusive for the purpose of this section as to the age of such child. Such officer shall require the evidence of age specified in subdivision (a) in preference to that specified in any subsequent subdivision and shall not accept the evi- dence of age permitted by any subsequent subdivision unless he shall receive and file in addition thereto an affidavit of the parent showing that no evidence of age specified in any preceding subdivision or subdivisions of this section can be produced. Such affidavit shall con- tain the age, place and date of birth, and present resi- dence of such child, which affidavit must be taken before the officer issuing the employment certificate, who is hereby authorized and required to administer such oath and who shall not demand or receive a fee therefor. Such employment certificate shall not be issued until such child further has personally appeared before and been examined by the officer issuing the certificate, and until such officer shall, after making such examination, sign and file in his office a statement that the child can read and write correctly simple sentences in the English language and that in his opinion the child is fourteen years of age or upwards and has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work it intends to do. Every such employment certificate shall be signed Extracts from Laboe Law 379 in the presence of the officer issuing the same, by the child in whose name it is issued. In every case, before an employment certificate is issued, such physical fit- ness shall be determined by a medical officer of the department or board of health, who shall make a thor- ough physical examination of the child and record the result thereof on a blank to be furnished for the purpose by the industrial commission and shall set forth thereon such facts concerning the physical condition and history of the child as the industrial commissioner may require. In case the evidence of age, filed as in this section pro- vided, shows such child to be fourteen years old but fails to show such child to be fifteen years old, no employment certificate shall be issued unless such child, in addition to complying with all the requirements of this section and producing the school record described in section seventy-three, shall also present a certificate of graduation properly issued in the name of such child, from a public elementary school, or school equivalent thereto, or parochial school, or a preacademic certificate issued by the regents, or a certificate of the completion of an elementary course issued by the education depart- ment. (Am'd by L. 1913, eh. 144, and L. 1916, ch. 465, in effect Feb. 1, 1917.) § 164. Contents of certificate. Such certificate shall state the date and place of birth of the child, and describe the color of hair and eyes and the height and weight and any distinguishing facial marks of such child, and that the papers required by the preceding section have been duly examined, approved and filed and that the child named in such certificate has ap- peared before the officer signing the certificate and been examined. § 165. School record, what to contain. The school record required by this article shall be signed by the principal or chief executive officer of the school which such child has attended and shall be furnished on 380 The Public Health Law demand to a child entitled thereto or to the board, department or commissioner of health. It shall contain a statement certifying that the child has regularly attended the public schools or schools equivalent thereto or parochial schools for not less than one hundred and thirty days during the twelve months next preceding his fourteenth birthday, or during the twelve months next preceding his application for such school record, and is able to read and write simple sentences in the English language, has received during such period in- struction in reading, spelling, writing, English grammar and geography, and is familiar with the fundamental operations of arithmetic up to and including fractions and has completed the work prescribed for the first six years of the public elementary school or school equiva- lent thereto or parochial school, from which such school record is issued. Such school record shall also give the date of birth and residence of the child as shown on the records of the school and the name of its parent or guardian or custodian. (Am'd by L. 1913, ch. 144, in effect Oct. 1, 1913.) § 166. Supervision over issuance of certificates. The board or department of health or health commissioner of a city, village or town shall transmit between the first and tenth day of each month to the commissioner of labor a list of the names of all children to whom cer- tificates have been issued during the preceding month, together with a duplicate record of all examinations as to physical fitness, including those resulting in rejec- tion. In cities of the first and second class all employ- ment certificates and school records required under the provisions of this chapter shall be in such form as shall be approved by the commissioner of labor. In towns, villages or cities other than cities of the first or second class, the commissioner of labor shall prepare and furnish blank forms for such employment certificates Extracts from Labor Law 381 \nd school records. No school record or employment Certificate required by this article, other than those approved or furnished by the commissioner of labor as above provided, shall be used. The commissioner of labor shall inquire into the administration and enforce- ment of the provisions of this article by all public officers charged with the duty of issuing employment certificates, and for that purpose the commissioner of labor shall have access to all papers and records required to be kept by all such officers. (Added by L. 1913, ch. 144, in effect Oct. 1, 1913.) § 167. Registry of children employed. The owner, manager or agent of a mercantile or other establish- ment specified in section one hundred and sixty-one, employing children, shall keep or cause to be kept in the office of such establishment, a register, in which shall be recorded the name, birthplace, age and place of residence of all children so employed under the age of sixteen years. Such register and the certificate filed in such office shall be produced for inspection, upon the demand of an officer of the board, department or com- missioner of health of the town, village or city where such establishment is situated, or if such establishment is situated in a city of the first or second class, upon the demand of the commissioner of labor. On termina- tion of the employment of the child so registered and whose certificate is so filed, such certificate shall be forthwith surrendered by the employer to the child or its parent or guardian or custodian. An officer of the board, department or commissioner of health of the town, village or city where a mercantile or other estab- lishment mentioned in this article is situated, or if such establishment is situated in a city of the first or second class the commissioner of labor may make demand on an employer in whose establishment a child apparently under the age of sixteen years is employed or permitted 382 The Public Health Law or suffered to work, and whose employment certificate is not then filed as required by this chapter, that such employer shall either furnish him, within ten days, evidence satisfactory to him that such child is in fact over sixteen years of age, or shall cease to employ or permit or suffer such child to work in such establish- ment. The officer may require from such employer the same evidence of age of such child as is required on the issuance of an employment certificate and the employer furnishing such evidence shall not be required to fur- nish any further evidence of the age of the child. A notice embodying such demand may be served on such employer personally or may be sent by mail addressed to him at said establishment, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post. When the employer is a corporation such notice may be served either person- ally upon an officer of such corporation, or by sending it by post addressed to the office or the principal place of business of such corporation. The papers constituting such evidence of age furnished by the employer in re- sponse to such demand shall, except in cities of the first and second class, be filed with the board, department or commissioner of health, and in cities of the first and second class with the commissioner of labor, and a material false statement made in any such paper or affidavit by any person shall be a misdemeanor. In case such employer shall fail to produce or deliver to the officer of the board, department or commissioner of health, or in cities of the first and second class to the commissioner of labor, within ten days after such de- mand such evidence of age herein required by him, and shall thereafter continue to employ such child or permit or suffer such child to work in such mercantile or other establishment, proof of the giving of such notice and of Extracts from Labor Law 383 such failure to produce and file such evidence shall be prima facie evidence in any prosecution brought for a violation of this article that such child is under sixteen years of age and is unlawfully employed. (Am'd T5y L. 1913, ch. 145, § 14, in effect Mch. 28, 1913.) § 168. Cleanliness of rooms. Every room in a mer- cantile establishment and the floor, walls, ceilings, win- dows and every other part thereof and all fixtures therein shall at all times be kept in a clean and sani- tary condition. Floors shall, at all times, be main- tained in a safe condition. Suitable receptacles shall be provided and used for the storage of waste and refuse; such receptacles shall be maintained in a sanitary con- dition. (Am'd by L. 1911, ch. S66, L. 1913, ch. 145, and L. 1914, ch. 183, in effect Oct. 1, 1914.) § 168-a. Cleanliness of buildings. Every part of a building in which a mercantile establishment is located and of the premises thereof and the yards, courts, pas- sages, areas or alleys connected with or belonging to the same, shall be kept free from any accumulation of dirt, filth, rubbish or garbage. The roof, passages, stairs, halls, basements, cellars, privies, water-closets, and all other parts of such building and the premises thereof shall at all times be kept in a clean, sanitary and safe condition. The entire building and premises shall be well drained and the plumbing, cesspools and drains thereof at all times kept in proper repair and in a sanitary condition. (Added by L. 1914, ch. 183, in effect Oct. 1, 1914.) § 168-b. Drinking water. In every mercantile estab- lishment there shall be provided at all times for the use of employees a sufficient supply of clean and pure drinking water. Such water shall be supplied through proper pipe connections with water mains through which is conveyed the water used for domestic pur- poses, or from a spring or well or body of pure water. If such drinking water be placed in receptacles in the 384 The Public Health Law mercantile establishment, such receptacles shall be prop- erly covered to prevent contamination and shall be thor- oughly cleaned at frequent intervals. (Added by L. 1914, ch. 183, in effect Oct. 1, 1914.) § 168-c. Wash-rooms and washing facilities. In every mercantile establishment there shall be provided and maintained for the use of employees adequate and con- venient wash-rooms, or washing facilities. Such wash- ing facilities shall consist of sinks or stationary basins provided with running water or with tanks holding an adequate supply of clean water and shall be separate for each sex wherever required by the rules of the industrial board. Every wash-room shall be provided with ade- quate means of ventilation and heating and artificial illumination. (Added by L. 1914, ch. 183. In effect Oct. 1, 1914.) § 168-d. Dressing rooms. In every mercantile estab- lishment where more than five women are employed a sufficient number of dressing rooms conveniently located shall be provided for their use. Each dressing room shall be properly ventilated by a window or by suitable ducts leading to the outer air and shall be enclosed by partitions or walls. Each dressing room shall be provided with adequate means for artificial illumina- tion, suitable means for hanging clothes and a suitable number of seats and shall be properly heated and ven- tilated. Each dressing room shall be separated from any water-closet compartment by adequate partitions. Adequate floor space shall be provided in dressing rooms in proportion to the number of employees. Where more than ten women are employed such dressing room shall have a floor space of not less than sixty square feet and shall have at least one window opening to the outer air. (Added by L. 1914, ch. 183, in effect Oct. 1, 1914.) § lf>8-e. Water-closets. 1. There shall be provided for Extracts from Labor Law 385 every mercantile establishment a sufficient number of suitable and convenient water-closets. All water-closets shall be maintained inside the mercantile establishment except where, in the opinion of the commissioner, it is impracticable to do so. 2. There shall be separate water-closet compartments or toilet rooms for females, to be used by them exclu- sively, and notice to that effect shall be clearly marked at the entrance of such compartments or rooms. The entrance to every water-closet shall be effectively screened by a partition or vestibule. Where water- closets for males and females are in adjoining compart- ments or toilet rooms, there shall be partitions of sub- stantial construction between the compartments or rooms extending from the floor to the ceiling and such partitions shall be plastered or metal covered to a suffi- cient height. Whenever any water-closet compartments open directly into the workroom, exposing the interior, they shall be screened from view by a partition or a vestibule. The use of curtains for screening purposes is prohibited. 3. The use of any form of trough water-closet, latrine or school sink within any mercantile establishment is prohibited except such fixtures in existence on the first day of October, nineteen hundred and fourteen, having a common flushing system and approved by the indus- trial board in its rules. All such trough water-closets, latrines or school sinks shall, before the first day of October, nineteen hundred and fifteen, be completely removed and the place where they were located prop- erly disinfected under the direction of the department. 4. Every water-closet "installed before October first, nineteen hundred and fourteen, inside any mercantile establishment, shall have a basin of enameled iron or earthenware, and shall be flushed from a separate water- supplied cistern or through a proper valve connected in 13 386 The Public Health Law such manner as to keep the water supply of the estab- lishment free from contamination. 5. All woodwork enclosing water-closet fixtures shall be removed from the front of the closet and the space underneath the seat shall be left open. All water- closet compartments or toilet rooms constructed before October first, nineteen hundred and fourteen, shall have windows opening directly to the outer air or shall be otherwise properly ventilated to the outer air by suit- able ducts, and shall be provided with means for arti- ficial illumination. 6. All water-closets, urinals, water-closet compart- ments and toilet rooms hereafter installed in a mercan- tile establishment, including those provided to replace existing fixtures shall be properly constructed, installed, ventilated, lighted and maintained in accordance with such rules as may be adopted by the industrial board. 7. All water-closet compartments and toilet rooms, and the floors, walls, ceilings and surface thereof, and all fixtures therein, and all water-closets and urinals Lhall at all times be maintained in a clean and sanitary condition. The floor or other surface beneath and around the closet shall be maintained in good order and repair and all the woodwork shall be kept well painted with a light colored paint. The enclosure of each compartment and toilet room shall be kept free from obscene writing or marking. Where the water supply to water-closets or urinals is liable to freeze, the water-closet compartment shall be properly heated so as to prevent freezing, or the supply and flush pipes, cisterns and traps and valves shall be effectively covered with wool felt or hair felt, or» other adequate covering. (Added by L. 1914, ch. 1S3, in effect Oct. 1, 1914.) § 168-f. Ventilation. Every mercantile establishment shall be provided with proper and sufficient means of ventilation by natural or mechanical means or both, as may be necessary, and there shall be maintained therein proper and sufficient ventilation and proper degrees of Extracts from Labor Law 387 temperature and humidity at all times during working hours. The industrial board shall make rules for and fix standards of ventilation, temperature and humidity in mercantile establishments. (Added by L. 1914, ch. 183, in effect Oct. 1, 1914.) § 169. Lunch-rooms. If a lunch-room is provided in a mercantile establishment where females are employed, such lunch-room shall not be next to or adjoining the water-closets, unless permission is first obtained from the board or department of health or health commis- sioners of the town, village or city where such mercan- tile establishment is situated, unless such establish- ment is situated in a city of the first or second class in which case such permission must be obtained from the commissioner of labor. Such permission shall be granted unless it appears that proper sanitary conditions do not exist, and it may be revoked at any time by the board or department of health or health commissioners, if it appears that such lunch-room is kept in a manner or in a part of a building injurious to the health of the em- ployees, unless such establishment is situated in a city of the first or second class, in which case said permis- sion may be so revoked by the commissioner of labor. (Am'd by L. 1913, ch. 145, in effect March 28, 1913.) § 170. Seats for women in mercantile establishments. Chairs, stools or other suitable seats shall be main- tained in mercantile establishments for the use of female employees therein, to the number of at least one seat for every three females employed, and the use thereof by such employees shall be allowed at such times and to such extent as may be necessary for the preservation of their health. If the duties of the female employees, for the use of whom the seats are furnished, are to be principally performed in front of a counter, table, desk or fixture, such seats shall be placed in front thereof; if such duties are to be principally performed behind 388 The Public Health Law such counter, table, desk or fixture, such seats shall be placed behind the same. § 171. Employment of women and children in base- ments. Women or children shall not be employed or permitted to work in the basement of a mercantile establishment, unless permitted by the board or depart- ment of health, or health commissioners of the town, village or city where such mercantile establishment is situated, unless such establishment is situated in a city of the first or second class in which case such permission must be obtained from the commissioner of labor. Such permission shall be granted unless it appears that such basement is not sufficiently lighted and ventilated, and is not in good sanitary condition. (AmM by L. 1913, ch. 145, § 14, in effect March 28, 1913.) § 172. Enforcement of article. Except in cities of the first and second elass the board or department of health or health commissioners of a town, village or city affected by this article shall enforce the same and prosecute all violations thereof. Proceedings to prose- cute such violations must be begun within sixty days after the alleged offense was committed. All officers and members of such boards or department, all health commissioners, inspectors and other persons appointed or designated by such boards, departments or commis- sioners may visit and inspect, at reasonable hours and when practicable and necessary, all mercantile or other establishments herein specified within the town, village or city for which they were appointed. No person shall interfere with or prevent any such officer from making euch visitations and inspections, nor shall he be ob- structed or injured by force or otherwise while in the performance of his duties. All persons connected with any such mercantile or other establishment herein specified shall properly answer all questions asked by such officer or inspector in reference to any of the pro- visions of this article. In cities of the first and second Extracts from Penal Law 389 class the commissioner of labor shall enforce the pro- visions of this article, and for that purpose he and his subordinates shall possess all powers herein conferred upon town, village, or city boards and departments of health and their commissioners, inspectors, and other officers, except that the board or department of health of said cities of the first and second class shall continue to issue employment certificates as provided in section one hundred and sixty-three of this chapter. (Am'd by L. 1913, ch. 145, § 14, in effect March 28, 1913.) § 173. Laws to be posted. A copy or abstract of applicable provisions of this chapter and of the rules and regulations of the industrial board to be prepared and furnished by the commissioner of labor shall be kept posted by the employer in a conspicuous place on each floor of every mercantile or other establishment specified in article twelve of this chapter situated in cities of the first or second class, wherein three or more persons are employed who are affected by such pro- visions. (Am'd by L. 1913, ch. 145, § 14, in effect March 28, 1913.) EXTRACTS FROM PENAL LAW (L. 1909, ch. 88, const, ch. 40 of Cons. Laws) ARTICLE XVI Keeping milch cows in unhealthy places and feeding them with food producing unwholesome milk. § 192. A person who keeps a cow or any animal for the production of milk, in a crowded or unhealthy place, or in a diseased condition, or feeds such cow or animal upon any food that produces impure or unwholesome milk, is punishable by a fine not less than fifty dollars, or imprisonment not exceeding one year, or by both. 390 The Public Health Law ARTICLE XLIV Children § 482. Unlawfully omitting to provide for child. A person who: 1. Wilfully omits, without lawful excuse, to perform a duty by law imposed upon him to furnish food, clothing, shelter or medical attendance to a minor, or to make such payment toward its maintenance as may have been required by the order of a court or magistrate when such minor has been committed to an institution; or, 2. Xot being a superintendent of the poor, or a super- intendent of almshouses, or an institution duly incor- porated for the purpose without having first obtained a license in writing so to do from the board of health of the city or town wherein such females or children arc received, boarded or kept, erects, conducts, establishes or maintains any maternity hospital, lying-in- asylum where females may be received, cared for or treated during pregnancy, or during or after delivery; or re- ceives, boards or keeps any nursing children, or any children under the age of twelve years not his relative apprentices, pupils or wards without legal commitment; or, 3. Being a midwife, nurse or other person having the care of an infant within the age of two weeks neglects or omits to report immediately to the health officer or to a legally qualified practitioner of medicine of the city, town or place where such child is being cared for, the fact that one or both eyes of such infant are in- flamed or reddened whenever such shall be the case, or Avho applies any remedy therefor without the advice, or except by the direction of such officer or physican; or. 4. Neglects, refuses or omits to comply with any pro- visions of this section, or violates the provisions of such license, Extracts from Penal Law 3J)1 Is guilty of a misdemeanor. Every such, license must specify the name and resi- dence of the person so undertaking the care of such females or children, and the place and the number of females or children thereby allowed to be received, boarded and kept therein, and shall be revocable at will by the authority granting it. Every person so licensed must keep a register wherein he shall enter the names and ages of all such children and of all children born on said premises, and the names and residences of their parents, as far as known, the time of the reception and discharge of such children and the reasons therefor, and also a correct register of the name and age of every child under the age of five years who is given out, adopted, taken away or indentured from such place to or by any one, together with the name and residence of the person so adopting, taking or indenturing such child; and shall cause a correct copy of such register to be sent to the authority issuing such license within forty-eight hours after such child is so given out, adopted, taken away or indentured. It shall be lawful for the officers of any incorporated society for the prevention of cruelty to children and of such board of health at all reason- able times to enter and inspect the premises wherein such females and children are so boarded, received or kept, and also such license, register and the children. 5. No institution shall be incorporated for any of the purposes mentioned in this secticn except with the writ- ten consent and approbation of a justice of the supreme court, upon the certificate in writing of the state board of charities approving of the organization and incor- poration of such institution. The said board of chari- ties may apply to the supreme court for the cancellation of any certificate of incorporation previously filed with- out its approval, and may institute and maintain an action in such court through the attorney-general to 392 The Public Health Law procure a judgment dissolving any such corporation not so incorporated and forfeiting its corporate rights, privi- leges and franchises. t ARTICLE CXXXVI § 1450. Solemnizing unlawful marriages and unlaw- ful solemnizing of marriages. A minister or magis- trate who solemnize* a marriage when either of the parties is known to him to be under the age of legal consent, or to be an idiot or insane person, or a mar- riage to which within his knowledge a legal impediment exists, or any person not authorized by the laws of this state to perform marriage ceremonies who shall sol- emnize or presume to solemnize, with intent to deceive, any marriage between any parties is guilty of a mis- demeanor. Until a marriage has been dissolved or annulled by a proper tribunal or court of competent jurisdiction, any person who shall assume to grant a divorce, in writing, purporting to divorce husband and wife and permitting them or either of them to lawfully marry again, shall be guilty of a misdemeanor punish- able by fine for the first offense not exceeding five hundred dollars, and for the second offense one thousand dollars, or imprisonment not exceeding one year, or both such fine and imprisonment. (Am'd by L. 1916, eh. 368, in effect Sept. 1, 1916.) § 1451. Unlawful procurement of marriage license. A person who, having a husband or wife living, takes out a license to marry another person, is guilty of a misdemeanor. The exceptions in section three hundred and forty-one of this chapter are applicable to this section. (Added by L. 1916, ch. 482, in effect May 9, 1916.) t Section 130, Membership Corporations Law gives method of in- corporating hospitals, dispensaries, etc. *So in original. Extracts fi*om Fenal Law 5i)3 ARTICLE CXLVIII Crimes Against the Public Health and Safety § 1530, Public nuisance defined. A " public nuisance " is a crime against the order and economy of the Btate, and consists in unlawfully doing an act, or omitting to perform a duty, which act or omission: 1. Annoys, injures, <>r endangers the comfort, repose, health or safety of any considerable number of persons; or 2. Offends public decency; or 3. Unlawfully Interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a lake, or a navigable river, bay, stream, canal or basin, or a stream, creek, or other body of water which has been dredged or cleared at public expense, or a public park, square, street or highway •, or 4. In any way renders a. considerable number of per- sons insecure in life, or the use of property. § If).']]. Unequal damage. An act which affects a con- siderable number of persons, in either of the frays Specified in the last Section, is not less a. nuisance because the extent of the damage* is unequal. § 1582. Maintaining a nuisance. A person, who corn- nuts or maintains a public nuisance, the punishment for which is not specially prescribed, or who wilfully omits or refuses to perforin any legal duty relating to the removal of such a public nuisance, is guilty of a misdemeanor. § A93& Permitting use of building for nuisance; opium smoking. A person who: 1. LetS, or permits |o be used, a building, or portion Of a building, knowing that it is Intended to be used for cOmmittittg or maintaining a public nuisance; or, 2. Opens or maintains a place where opium, or any of its preparations, is smoked by other persons; or, Ik At such place sells or gives away any opium, or 394 The Public Health Law its said preparations, to be there smoked or otherwise used; or, 4. Visits or resorts to any such place for the purpose of smoking opium or its said preparations, Is guilty of a misdemeanor. § 1740. Wilful violation of health laws. 1. A person who wilfully violates or refuses or omits to comply with any lawful order or regulation prescribed by any local board of health or local health officer, is guilty of a misdemeanor. 2. A person who wilfully violates any provision of the health laws, or any regulation lawfully made or established by any public officer or board under author- ity of the health laws the punishment for violating which is not otherwise prescribed by those laws, or by this chapter is punishable by imprisonment not ex- ceeding one year, or by a fine not exceeding two thou- sand dollars or by both. § 1741. Obstructing health officer in performance of his duty. A person who wilfully opposes or obstructs a health officer or physician charged with the enforcement of the health laws, in performing any legal duty is guilty of a misdemeanor. § 1742. Omitting to label drugs, or labeling them wrongly. Any person, who, in putting up any drug, medicine, or food or preparation used in medical prac- tice, or making up any prescription, or filling any order for drugs, medicines, food or preparation puts any untrue label, stamp or other designation of contents upon any box, bottle or other package containing a drug, medicine, food or preparation used in medical practice, or substitutes or dispenses a different article for or in lieu of any article prescribed, ordered, or demanded, or puts up a greater or less quantity of any ingredient specified in any such prescription, order or demand than that prescribed, ordered, or demanded, or otherwise deviates from the terms of the prescription, Extracts fkoai Penal Law 395 order, or demand by substituting one drug for another, is guilty of a misdemeanor; provided, however, that, except in the case of physicians' prescriptions, nothing herein contained shall be deemed or construed to prevent or impair or in any manner affect the right of an apothe- cary, druggist, pharmacist or other person to recom- mend the purchase of an article other than that ordered, required or demanded, but of a similar nature, or to sell such other article in place or in lieu of an article ordered, required or demanded, with the knowledge and consent of the purchaser. Upon a second conviction for a violation of this section the offender must be sen- tenced to imprisonment, for a term of not less than ten days nor more than one year, and to the payment of a fine of not less than ten dollars nor more than five hundred dollars. The third conviction of a viola- tion of any of the provisions of this section, in addition to rendering the offender liable to the penalty prescribed by law for a misdemeanor; shall forfeit any right which he may possess under the law of this state at the time of such conviction, to engage as proprietor, agent, em- ployee or otherwise, in the business of an apothecary, pharmacist, or druggist, or to compound, prepare or dispense prescriptions or orders for drugs, medicines or foods or preparations used in medical practice; and the offender shall be by reason of such conviction dis- qualified from engaging in any such business as pro- prietor, agent, employee or otherwise or compounding, preparing or dispensing medical prescriptions or orders for 'drugs, medicines, or foods or preparations used in medical practice. This section shall not affect or impair any liability, penalty or punishment under the provisions of section four hundred and one of the penal code as the same existed prior to September first, nineteen hundred and seven, but the same may be enforced, prosecuted or inflicted as fullv and to the same extent as though this 396 The Public Health Law section had not been passed; and all actions civil or criminal instituted under or by virtue of said section as the same existed prior to July nineteenth, nineteen hundred and seven, and pending immediately prior to September nineteenth, nineteen hundred and seven, may be prosecuted and defended to final effect in the same manner as though this section had not been enacted. The provisions of this section shall not apply to the practice of a practitioner of medicines who is not the proprietor of a store for the dispensing or retailing of drugs, medicines and poisons, or who is not in the employ of such a proprietor, and shall not prevent prac- titioners of medicine from supplying their patients with such articles as they may deem proper, and except as to the labeling of poisons shall not apply to the sale of medicines or poisons at wholesale when not for use or consumption of the purchaser; provided, however, that the sale of medicines or poisons at wholesale shall continue to be subject to such regulations as from time to time may be lawfully made by the board of phar- macy or by any competent board of health. § 1744. Penalty for violation of public health laws. Any person who violates any provision of article eleven of the public health law for which no other penalty is imposed, is guilty of a misdemeanor. § 174G. *Sale of cocaine or eucaine, and regulations respecting their possession. Alkaloid cocaine or its salts, or alpha or beta eucaine or their salts, or any admixture, compound, solution or product of which cocaine or eucaine or their salts may be an ingredient, shall not be sold, offered for sale, furnished, disposed of, ♦See also federal (Harrison) law, Internal Revenue Regulations No. 35. Extracts from Penal Law 397 given away or possessed by any person except in the manner prescribed in this section and by the persons authorized herein. (a) It shall be lawful for a licensed pharmacist or a licensed druggist, upon the written prescription of a physician duly registered and licensed to practice in the state of New York, to sell or dispense, alkaloid cocaine or its salts or alpha or beta eucaine or their salts. If in such prescription the percentage of such substances to the total contents of the prescription shall exceed one per centum thereof the pharmacist or druggist to whom such prescription is presented shall before filling the same verify the prescription by inquiry of the physician issuing the same. Such prescription shall be retained by the person dispensing the drug, and no copy of such prescription shall be made by or delivered to any person, and such prescription shall be filled but once, except that it shall be lawful for a licensed pharmacist or druggist to refill and to give to the person presenting same a copy of a prescription of which cocaine or eucaine is a component part, if the proportion of such substance to the total content of the prescription does not exceed one grain thereof to each fluid ounce or in the case of ointment does not exceed two grains of such substance to the ounce. When any of such sub- stance is so dispensed or sold upon such written pre- scription of a physician, the person selling or dispensing the same shall simultaneously deliver to the person to whom the same is sold or furnished a certificate stating the name and address of the person selling or furnishing such drug or mixture, the name and address of the physician upon whose prescription the same is sold or furnished, the date of sale and the amount sold. The possession of such certificate shall be a defense to a charge of misdemeanor under paragraph (h) of this section, provided the person possessing such substance shall not have in his possession an amount exceeding 39S The Public Health Law the amount specified in such certificate, and provided that such certificate shall not legalize the possession of such substance for more than ten days after its issuance if the proportion of cocaine or eucaine or their salts to the total content of the prescription shall exceed one grain to the fluid ounce, or, in the case of ointment, two grains to the ounce, unless on such certificate there shall be written by the physician issuing the prescrip- tion a statement that the use of the substance is neces- sary for a longer period, to be named in such statement. It shall be lawful for any physician duly registered and licensed to practice in the state of New York, after personal examination of a patient, to prescribe and himself dispense such substances to such patient, pro- vided he shall execute and deliver the certificate required of a dispensing druggist or pharmacist. (b) Such substances may lawfully be sold in the original package at wholesale by any manufacturer thereof to any other manufacturer thereof or to a whole- sale dealer in drugs, and by any wholesale dealer in drugs to any other wholesale dealer in drugs or to a manufacturer thereof, provided such package shall be securely sealed and labeled as prescribed in this section, and provided a record of such sale shall be kept in the manner prescribed in this section by the person selling and the person purchasing said substances. It shall be lawful for a manufacturer or wholesale dealer in drugs after the purchase in bulk of such substances, to repack the same in other containers which shall be sealed and labeled as prescribed in this section. When so repacked, sealed and labeled such containers shall, for the pur- poses of this section, be deemed to be original packages. (c) Such substances may lawfully be sold in the orig- inal package to a licensed pharmacist, licensed druggist, duly registered practicing physician, licensed veteri- narian or licensed dentist by any manufacturer of such Extracts from Venal Law 399 substances or wholesale dealer in drugs upon the writ- ten order of the pharmacist, druggist, physician, vet- erinarian or dentist to whom the sale is made, provided such package shall be securely sealed and labeled and provided a record of such sale shall be kept in the manner prescribed herein by the person selling and the person purchasing such substance. (d) Before making any sale provided for in para- graphs (b) and (c) of this section, the manufacturer of such substances or wholesale dealer in drugs shall affix or cause to be affixed to the bottle, box, vessel or package containing the article sold, and upon the out- side wrapper of the package as originally put up, a label distinctly displaying the name and quantity of cocaine or its salts, alpha or beta eucaine or their salts sold, and the word " poison " with the name and place of business of the seller all printed in red ink. (e) The manufacturer of such substances or whole- sale dealer in drugs shall, before the delivery of any of such substances sold by him, make or cause to be made in a book kept for the purpose, an entry of the sale thereof, stating the date of sale, the quantity sold, the name and form in which it is sold, the name and address of the purchaser, the name of the person by whom the order is filled, the name of the person by whom the entry is made, a description of the package or container in which the substance is sold, and a state- ment that such substance was sold and purchased in the original package, that the package was sealed, that the seals thereof were undamaged and unbroken, and that the labels were attached thereto as hereinbefore prescribed, and were not in any manner defaced or damaged, and a statement showing how delivery was made, whether personally or by mail, express, freight or messenger. The record and statement thus made in such book shall be signed by the person filling such order for such substance and may be received in any 400 The Public Health Law court against the person filling such order and the person selling such substance as evidence of the transac- tion recorded and the facts stated therein. The said book and record shall be kept in the regular place of business in the state of New York of such manufacturer and wholesale dealer and shall be open at all times for inspection by the officers or authorized agents of the state or local board of health, the New York state board of pharmacy and by the police authorities and officers charged with the enforcement of the penal law, and shall be preserved for at least five years after the date of the last entry made therein. The items in such book respecting the sale of said substances shall be con- secutively numbered, and upon the receipt by such manu- facturer or wholesale dealer of any order for any of such substances there shall be written or stamped upon such order so received the serial number corresponding to the next open numbered entry space in such record book and the said serial number shall also be written or stamped upon the package containing such substances when the same is delivered in pursuance of the said order. Such original orders shall likewise be kept by the said manufacturer or wholesale dealer in a con« venient place in the state of New York; and shall be preserved for at least five years after the dates of such orders (f) The manufacturer of such substances or whole- sale dealer in drugs, licensed pharmacist, licensed drug- gist, duly registered practicing physician, licensed vet- erinarian, or licensed dentist shall, upon the delivery to him of any of such substances purchased by him, make or cause to be made in a book kept for the pur- pose, an entry of the purchase thereof, stating the date of purchase thereof, the quantity purchased, the name and form in which it was purchased, the name and addresB of the seller, the name of the person by whom the purchase is made, the name of the person by whom Extracts from Penal Law 401 the entry is made, a description of the package or container in which the substance is purchased, and a statement that such substance was sold and purchased in the original package, that the package was sealed, that the seals thereon were undamaged and unbroken, and that the labels were attached thereto as hereinabove prescribed, and were not in any manner defaced or damaged, and a statement showing how delivery was made, whether personally or by mail, express, freight or messenger. There shall also be recorded in such book the particular place in which such substance so pur- chased is to be kept by the purchaser which place shall be easily accessible and shall be within the state of New York and shall not be changed except that at the time of such change an entry thereof be made in such book opposite the original entry of the purchase and signed by the purchaser. The record and statement thus made in such book shall be signed by the person pur- chasing such substance and may be received in any court against the person receiving such substance and against the person to whom the same is sold as evidence of the transaction recorded and the facts stated therein. Such book and record shall be kept in tne regular place of business in the state of New York of such purchaser, and shall be open at all times for inspection by any prosecuting officer in the state or his subordinates and by such persons as may be designated by him. Such book shall be preserved for at least five years after the date of the last entry made therein. (g) Any person who shall sell, offer to sell, furnish, dispose of or give away alkaloid cocaine or its salts or alpha or beta eucaine or their salts or any admixture, compound, solution or product of which cocaine or eucaine or their salts may be an ingredient, except under the conditions and to the persons authorized by this section shall be guilty of a felony. Any dentist, veteri- narian or physician who shall dispense such substances 402 The Public Health Law to a patient without issuing the certificate required by paragraph (a) to be made and issued by him shall be guilty of a felony. Any druggist or pharmacist who shall fill any prescription issued in violation of this section shall be guilty of a felony. (h) Any person other than a manufacturer of such substances or a wholesale dealer in drugs or a licensed pharmacist, licensed druggist, duly registered practic- ing physician, licensed veterinarian or licensed dentist who shall possess any quantity whatever of alkaloid cocaine or its salts or alpha or beta eucaine or their salts or any admixture, compound, solution or product of which cocaine or eucaine or their salts may be an ingredient, shall be guilty of a misdemeanor, unless the said possession is authorized by the certificate described in paragraph (a) . (i) Any licensed pharmacist, licensed druggist, duly registered practicing physician, licensed veterinarian or licensed dentist or manufacturer of such substances or wholesale dealer in drugs, who shall possess any quan- tity whatever of alkaloid cocaine or its salts or alpha or beta eucaine or their salts, or any admixture, com- pound, solution or product of which cocaine or eucaine or their salts may be an ingredient, in any place other than the place scheduled in the record herein provided for, shall be guilty of a misdemeanor, except that a duly registered practicing physician, licensed veteri- narian or licensed dentist, may carry such substances for use in his profession, provided the amount so per- sonally carried and the amount kept in the place sched- uled in his record shall not together exceed a total of one and one-eighth ounces of such substance. Any person who shall under the provisions of this sec- tion be required to record the possession, disposition, sale, purchase or the place of keeping of such substances who shall fail to record the possession, disposition, sale Extracts from Penal Law 403 or purchase thereof or the place in which the sub- stances so possessed or purchased are kept, in the manner and after tiie form prescribed in this section, shall be guilty of a misdemeanor. (j) Every manufacturer of such substances, wholesale dealer in drugs, licensed pharmacist, licensed druggist, duly registered practicing physician, licensed veteri- narian and licensed dentist shall keep an accurate record in a book kept for that purpose of all alkaloid cocaine or its salts or alpha or beta eucaine or their salts or any admixture of coicaine* or eucaine disposed of by him, and the possession in the place designated in the record herein directed by paragraph (e) to be kept of an amount less than the difference between the total amount received by him and the amount shown by his record to have been disposed of, shall be pre- sumptive evidence of a sale of the amount of such sub- stances not accounted for in violation of this section. Xo record of dispositions of such substances need be made by any physician, veterinarian or dentist, except that such persons shall at least once in each six months record the gross amount of such substances disposed of by him. (k) Within thirty days after this section takes effect every manufacturer of alkaloid cocaine or its salts or alpha or beta eucaine or their salt?, or any admixture, compound, solution or product in which cocaine or eucaine or their salts may be an ingredient, every wholesale dealer in drugs, licensed pharmacist, licensed druggist, duly registered practicing physician, licensed veterinarian and licensed dentist shall make a record of the amount of each of said substances possessed by him in a book to be kept for that purpose, which may be the book in which purchases are recorded. Such book shall be kept at the regular place of business of * So in original. 404 The Public Health Law each of said persons in the state of New York, and there shall be specifically stated in such book the amount of each of said substances possessed by the per- son making the record and the particular place in which the same is kept. Such book shall be open to inspec- tion by any prosecuting officer in the state or his subordinates and by such persons as may be designated by him. Such book and record shall be preserved for at least five years after the date of the last entry made therein. In the event that the amount of said sub- stances possessed at the time this section takes effect by any licensed pharmacist, licensed druggist, duly registered practicing physician, licensed veterinarian or licensed dentist, shall exceed the amount specified in paragraph ( 1 ) of this section, such possession shall not be deemed to be unlawful, provided that the persons possessing the same shall not purchase or acquire in any manner whatever any more of such substances until the amount on hand shall be reduced by lawful dispo- sition thereof to an amount less than that prescribed by paragraph ( 1 ) . If any of the persons entitled to possess such substances in any amount shall possess an amount in excess of that authorized by paragraph ( 1 ) it shall be the duty of each of such persons to report in writing to the state department of health, within thirty days after this act takes effect, the amount of each of such substances possessed by him and the place where the same is kept. Such reports shall be alpha- betically filed in the office of the state department of health and shall be open to public inspection. Any person violating the provisions of this paragraph of this section shall be guilty of a misdemeanor. (1) It shall be unlawful to possess or have in any pharmacy or drug store in this state more than one and one-quarter ounces of alkaloid cocaine or its salts or alpha or beta eucaine or their salts for each duly regis- tered pharmacist or druggist regularly employed in such Extracts from Penal Law 405 pharmacy or drug store, provided, however, that in no event shall there be carried in stock in such pharmacy or drug store to exceed five ounces of such substances no matter what number of registered pharmacists or druggists may be employed therein. It shall be unlawful for any physician, dentist or veterinarian to possess more than one and one-eighth ounces of alkaloid cocaine or its salts or alpha or beta eucaine or their salts. Any person who shall violate any of the provisions of this paragraph shall be guilty of a misdemeanor. (m) This section shall not apply to nor prohibit the regular and ordinary transportation of such substances as merchandise, provided the same shall be labeled and sealed as prescribed in this section, nor to the possession of such substances by duly authorized officials charged with the enforcement of the law when such substances are possessed by them in pursuance of their official duties and in connection with the apprehension and prosecution of persons offending against this section. (n) It shall be lawful for one person in the regular employ of each public hospital or dispensary in this state, to be selected and designated by the managers or board of trustees of such hospital or dispensary to purchase and possess alkaloid cocaine or its salts or alpha or beta eucaine or their salts, provided such purchase and pos- session shall be for the exclusive use of such hospital or dispensary and provided that such substances shall be kept within the hospital buildings or dispensary. The amount of such substances so possessed shall not exceed five ounces at any one time, and the person so designated by such managers or trustees of such hos- pital or dispensary shall keep the same record of pur- chases and dispositions as is hereinabove directed to be kept by other persons purchasing and possessing cocaine or eucaine or their salts, and he shall be liable to the 400 The Public Health Law same penalties as hereinabove provided. The record directed herein to be kept shall be open to inspection by the same authorities as are hereinabove provided, and the record shall be preserved in such hospital or dis- pensary for at least rive years after the date of the last entry made therein. (Section added by L. 1913, ch. 470, in effect May 9, 1913, in place of former § 1746, as ani'd by L. 1910, ch. 131, repealed by same act.) • § 1747. Careless distribution of medicines, drugs and chemicals. Any person, firm, or corporation, who dis- tributes, or causes to be distributed, any free or trial samples of any medicine, drug, chemical or chemical compound, by leaving the same exposed upon the ground, sidewalk, porch, doorway, letter-boxes, or in any other manner, that children may become possessed of the same, shall be guilty of a misdemeanor punish- able by a tine not exceeding twenty-five dollars for each offense, but this section shall not apply to the direct delivery of any such article to an adult. § 174S. Adulterated goods. A person who: 1. With the intent that the same may be sold as unadulterated or undiluted, adulterates or dilutes wine, milk, distilled spirits or malt liquor, or any drug, medicine, food or drink, for man or beast; or, 2. Knowing that the same has been adulterated or diluted, offers for sale or sells the same as unadulterated or undiluted, or without disclosing or informing the purchaser that the same has been adulterated or diluted, in a case where special provision has not been made by statute, for the punishment of the offense; or, 3. Sells or offers to sell, or stores or transports with intent to sell for any purpose other than cooling beer in casks, ice cut from any canal or from the wide waters or basins of any canal, unless the ice so sold, or offered for sale or stored or transported, is contained in a Extracts from Pexal Law 407 building, cart, car, sleigh, float or receptacle upon which is plainly marked in roman or capital letters, not less than eight inches square, the words, "canal ice;'' or, 4. Who shall adulterate maple sugar, maple syrup or honey, with glucose, cane sugar or syrup, beet sugar or syrup, or any other substance for the purpose of sale, or who shall knowingly sell or offer for sale maple sugar, maple syrup or honey that has been adulterated in any way; or, 5. Violates any provision of section three hundred and ninety of the general business law, relating to canned and preserved food, Is guilty of a misdemeanor. § 1750. Disposing of tainted food. A person who with intent that same may be used' as food, drink, or medi- cine, sells, or offers or exposes for sale, any article what- ever which, to his knowledge, is tainted or spoiled, or for any cause unfit to be used as such food, drink, or medicine, is guilty of a misdemeanor. § 1752. Having narcotics in possession. (1) A per- son, other than a duly licensed physician or surgeon engaged in the lawful practice of his profession, who has in his possession any narcotic or anaesthetic sub- stance, compound or preparation, capable of producing stupor or unconsciousness, with intent to administer the same or cause the same to be administered to another, without the latter's consent, unless by direction of a duly licensed physician, is guilty of a felony, punishable by imprisonment in the state prison for not more than ten years. (2) The possession by any person, other than as ex- empted in the foregoing subdivision, of any such nar- cotic or anaesthetic substance or compound, concealed or furtively carried on the person, is presumptive evidence 408 The Public Health Law of an intent to administer the same or cause the same to be administered in violation of the provisions of this section. § 1754. Putting noisome or unwholesome substances in highway. A person who deposits, leaves or keeps, on or near a highway or route of public travel, either on the land or on the water, any noisome or unwholesome sub- stance, or establishes, maintains or carries on. upon or near a public highway or route of public travel, either on the land or on the water, any business, trade or manufacture which is noisome or detrimental to public health, is guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars, or by imprisonment not less than three nor more than six months or both. § 1756. Exposing person affected with a contagious disease in a public place. A person who wilfully exposes himself or another, affected with any contagious or in- fectious disease, in any public place or thoroughfare, except upon his necessary removal in a manner not dan- gerous to the public health, is guilty of a misdemeanor. § 1759. Throwing gas tar or refuse into public waters. A person who throws or deposits gas tar, or the refuse of a gas house or gas factory, or offal, refuse, or any other noxious, offensive, or poisonous substance into any public waters or into any sewer or stream running or entering into such public waters, is guilty of a mis- demeanor. § 1760. Wilfully poisoning food. A person who wil- fully mingles poison with any food, drink or medicine, intended or prepared for the use of human beings, and a person who wilfully poisons any spring, well or reser- voir of water, is punishable by imprisonment in a state prison not exceeding ten years, or in a county jail not exceeding one year, or by a fine not exceeding five hun- dred dollars, or both such fine and imprisonment. Extracts from Penal Law 409 § 1761. Acts of intoxicated physicians. A physician or surgeon, or person practicing as such, who, being in a state of intoxication, administers any poison, drug or medicine, or does any other act as a physician or surgeon, to another person, by which the life of the latter is endangered, or his health seriously affected, is guilty of a misdemeanor. § 1762. Misconduct of veterinary surgeons. A per- son who presents to a county clerk for registration as a practitioner of veterinary medicine or surgery any diploma or certificate fraudulently obtained or practices veterinary medicine and surgery without complying with or contrary to law, is guilty of a misdemeanor. This section shall not be construed to prohibit students from prescribing under the supervision of preceptors, or to prohibit gratuitous services in case of emergency, or the services of an authorized practitioner of a neighboring state when incidentally called into requisition. § 1763. Illegal practice of embalming. Any person violating any provision of section two hundred and ninety-eight of the public health law, or any of the rules and regulations in reference to the business and practice of embalming human dead bodies, made and duly approved as by article fourteen of said public health law prescribed, is guilty of a misdemeanor. ARTICLE CLXX § 1857. Omission of duty by public officer. Where any duty is or shall be enjoined by law upon any public officer, or upon any person holding a public trust or employment, every wilful omission to perform such duty, where no special provision shall have been made for the punishment of such delinquency, is punishable as a mis- demeanor. 410 The Public EIealtb J. aw EXTRACTS FROM TOWN LAW (L. 1909, chap. 63, const, chap. 62 of Cons. Laws] ARTICLE VI § 131. Constitution and regular meeting of town board. The supervisor, town clerk and the justices of the peace, or any two of such justices, shall constitute the town board in each town, and shall hold at least two meetings annually at the office of the town clerk. as follows: One on the Tuesday preceding the biennial town meeting and on the corresponding date in each alternate year, except that in towns where biennial town meetings are held at the time of a general elec- tion, such meeting shall be held on the twenty- eighth day of December in each year, unless such day is Sunday, in which case such meeting shall be held on the preceding day; and one on the Thursday next pre- ceding the annual meeting of the board of supervisors. The supervisor or the town clerk may call a special meeting of the town board at any time by giving at least two days* notice in person or in writing to the other members of such board of the time when and place where such meeting is to be held. At any such regular or special meeting it shall be lawful for the town board to audit, allow or reject any charge, claim or demand against the town for which funds might lawfully be provided by the issuance and sale of town obligations under the provisions of section one hundred and thirty-eight-a of this chapter; and any charge, claim or demand so audited shall be payable immedi- ately from available funds thus provided, if there be any, and otherwise as soon as the moneys are raised therefor under the provisions of said section one hun- dred and thirty-eight-a, but a charge, claim or demand of the kind authorized by this section to be audited mav Extracts from Towx Law 411 be paid, in the discretion of the town board, from other town funds on hand available for general purposes, if there be any such funds. (Am'd by L. 1909, ch. 140 and L. 1913, ch. 571, in effect May 16, 1913.) ARTICLE X § 210. Town board may prohibit hawking and ped- dling without license. The town board of any town may, by resolution, prohibit the hawking and peddling of goods or produce in public streets or places, or the vending of goods of the same by calls from house to house, without a license; but such pro- hibition shall not apply to the peddling of meats, fish, fruit or farm produce, to the sale by sample or prospectus of goods, books or other merchan- dise where the same are not delivered at the time the order therefor is taken, or to peddling by any per- son or corporation in this state, provided no sale is made by such person or corporation of dry -goods, cloth- ing, drugs or articles of food and all sales arc wholly or partly by barter for merchandise, or so as to require a license from an honorably discharged soldier, sailor or marine of the military or naval service of the United States who has obtained a license from the county clerk to hawk, peddle, vend or solicit trade, in pursu- ance of law. Reference. Town board not to prohibit hawking and peddling farm produce, General Municipal Law, § SI. ARTICLE XI Sewers Section 230. Town board may establish sewer system; petition. 230-a. Town board may direct construction of portions of sewer system; extension, notice of, petition. 412 The Public Health Law Section 231. Action by town board. 232. Oaths and undertakings of commissioners. 233. Approval and filing of map and plan of sewer system. 234. Contracts for the construction of sewer system. 235. Supervising engineer, inspectors, and at- torney. 236. Acquisition of property by condemnation. 237. Apportionment of local assessment for con- struction. 238. Appeal from apportionment. 239. Hearing of appeal. 240. Reapportionment. 241. Procedure by new commissioners. 242. Fees of commissioners. 243. Expense of maintenance, how raised. 244. Annual statement of commissioners. 245. Sewer connections. 246. Constructing laterals in such districts. 247. Contracts for construction of laterals. 248. Improvements; how paid for. § 230. Town board may establish sewer system; petition. The town board of any town on the peti- tion of owners of real property in a proposed district, or in a proposed extension of an existing district, representing more than one-half in value of the tax- able real property therein as appears by the last pre- ceding completed assessment-roll, may establish a sewer system outside an incorporated village or city, or extend the boundaries of an existing district and the sewer system therein accordingly. The petition must describe the proposed district, or proposed exten- sion of an existing district, and state the maximum amount proposed to be expended in the construction of such sewer system or extension. Each petitioner Extracts from Town Law 413 shall state opposite his name the assessed valuation of the real property owned by him in such district, or extension of an existing district, according to the last preceding completed assessment-roll. The petition must be signed by the petitioners and proved or ac- knowledged in the same manner as a deed to be re- corded, and if it be a petition to extend an existing district and the sewer system therein shall, in addi- tion to the foregoing provisions, be approved in writ- ing by the sewer commissioners of such district. There shall be annexed to and presented with such petition a map and plan of the proposed sewer system, or ex- tension, with specifications of dimensions and connec- tions and outlet or sewage disposal works prepared by a competent engineer at the expense of the peti- tioners. The petitioners may, however, present to the town board with such petition, map, plan and speci- fications, a statement, verified by one of the peti- tioners having personal knowledge of the correctness thereof, showing the amount of the actual cost to them of said map, plan and specifications and the cost of the acknowledgments of the signatures to such peti- tion, and by whom paid, which said amount, if found by the town board to be just and reasonable, and if the said town board shall make one of the orders as pro- vided by section two hundred and thirty-one of this chapter, shall be and become a part of the expense of construction, and shall be included in the first tax levy therefor, and shall be refunded to the person or persons by whom paid, as shown by the aforesaid statement, by the supervisor of the town, who shall take a receipt therefor. At any time after the town board has made an order establishing such district, or extending an existing district, the maximum amount proposed to be expended in the construction of such sewer system in said district, or extension, may be in- creased by a petition of owners of real property in 414 The Public Health Law said district or extension, representing more than one- half in value of the taxable real property therein, as appears by the last preceding completed assessment- roll, setting forth the additional amount proposed to be expended, in excess of the maximum amount set forth in the petition upon which the said district or extension was established. Such petition must be signed and proved or acknowledged in the same man- ner as the petition for the establishment of said sewer district or extension, and shall be filed in the office of the town clerk. Every petition made as provided in this section shall contain a statement conspicuously printed thereon as follows: "The cost of construction and maintenance of such sewer system or extension, as the case may be shall be assessed, from year to year, by the sewer commissioners to be appointed, upon the lands within the sewer district or extension in pro- portion as nearly as may be to the benefit which each lot or parcel will derive therefrom." Any petition made as herein provided shall be legal for all purposes herein, although some of the petitioners therein may have signed and acknowledged the same before this section, as hereby amended, takes effect. (Am'd by L. 1910, ch. 134 and L. 1911, ch. 507, in effect June 28, 1911.) § 230-a. Town board may direct construction of por- tions of sewer system; extension, notice of, petition. If in the petition for the establishment of a sewer dis- trict or for an extension to an existing district, the petitioners shall pray that a portion or portions only of the system designed ultimately to serve the entire district or an extension to the said district, shall be constructed in the first instance, and shall describe the said portion or portions in their said petitfon, and in- dicate the same on the said map and plan, and shall Extracts from Town Law n.> specify the maximum amount proposed to be expended in the construction of such portion or portions of the said system, the town board may include in its order establishing the said district or extension, a direction that the sewer commissioners shall construct only the portion or portions of the said system designated in the said petition, until extensions thereto shall be au- thorized as hereinafter provided. In case the town board shall make an order establishing the said district and containing the said direction, the provisions of this chapter shall be applicable thereto in all respects, ex- cept that the town board shall not issue bonds to pro- vide for the cost of such portion or portions to an amount exceeding the amount mentioned in the said petition as the maximum amount proposed to be ex- pended in the construction of such portion or portions. Thereafter extensions to the said system may, from time to time, be authorized by the town board upon the peti- tion of the owners of real property within the area in said district to be served by any proposed extension or extensions to the said system, representing more than one-half in value of the taxable real property within such area, as apppears by the last preceding com- pleted assessment-roll, which said petition shall comply in form, substance, and in the manner of execution, so far as applicable thereto, with the requirements of the petition for the establishment of a sewer district, and shall state the maximum amount proposed to be ex- pended for such extension or extensions, and shall have endorsed thereon a written approval of a majority of the sewer commissioners of such district, and there shall be presented with the said petition a map prepared by a competent engineer, showing the area proposed to be served by any such proposed extension, and in case such proposed extension or extensions involve a change 416 The Public Health Law from the plans shown by the map and plan attached to the petition for the establishment of the said sewer district such petition shall be accompanied by a map and plan of such extension or extensions prepared in the same manner as the original map and plan, and ap- proved by the state board of health. Before acting upon a petition to extend the system in any district or exten- sion thereof, the town board shall give notice of the time and place at which it will meet to act thereon, by posting at least twenty-one days before the day fixed for the said meeting a notice thereof in at least four public places in the said district, and by publishing a notice thereof once in each of the three calendar weeks immediately preceding the week in which the said meet- ing is to be held in at least one newspaper published in the said town, if a newspaper is published therein. The cost to the petitioners of the maps, plans, speci- fications, and of the acknowledgments of the signatures to such petition may be made a part of the expense of constructing the said extension or extensions as pro- vided in section two hundred and thirty of the town law with respect to the like expenditures of the original petitioners, and the maximum amount proposed to be expended in the construction of any such extension or extensions to the sewer system in any such district may be increased by the petition of the owners of real property in the area proposed to be served thereby, representing more than one-half the taxable real prop- erty therein as appears by the last preceding completed assessment-roll of said town, in the manner specified in section two hundred and thirty of the town law for increasing the maximum amount proposed to be ex- pended for the construction of the original system. In case said extension or extensions to the said sewer Extracts from Town Law 417 system in any such district shall be authorized by the town board of any such town, such extension or ex- tensions, shall thereafter, for all purposes, be regarded as part of the original system, and shall be constructed and maintained by the sewer commissioners of the said district, and the cost of the construction thereof shall fee provided for by the issue and sale of town bonds in the same manner as provided in section two hun- dred and thirty-seven of the town law for the payment of the cost of the original system which said bonds shall be a town charge, and the principal and interest thereof, together with the cost of maintenance of such extension or extensions, shall be collected from the real property within the said district by the said sewer commissioners, in the same manner as though said ex- tension or extensions had formed a part of the original system constructed in the said district. (Added by L. 1912, ch. 205, in effect April S, 1912.) § 231. Action by town board. If the town board is satisfied that the petitioners are owners of real prop- erty in the proposed district or extension, and own more than one-half in value of the taxable real prop- erty therein, they shall make an order establishing such district, or extending the boundaries of an ex- isting district, and if establishing a new district, ap- pointing three taxpayers therein as sewer commis- sioners, who shall hold their offices at the pleasure of the town board. Such sewer commissioners shall each be paid for their services, at such times as the town board may designate in said order, an amount to be fixed by the town board, which amount shall not ex- ceed three dollars per day for each day actually and necessarily spent in the business of the sewer district and shall be deemed an expense of maintaining the 14 4 is The Public Health Law sewer system and shall be collected and paid as pro- vided in section two hundred and forty-three of thi9 chapter for expense of maintenance. (Am'd by L. 1910, ch. 134 and L. 1911, ch. 507, in effect June 28, 1911.) L. 1911, ch. 507. § 2. This act shall not affect any proceeding now pending under any sections of the town law amended by this act and begun in conformity to the requirements thereof as they existed prior to the taking effect of this act, and such proceedings may be conducted to a completion with the same force and effect as if said sections had not been hereby amended. § 232. Oaths and undertakings of commissioners. Each commissioner before entering on the duties of his office shall take the constitutional oath of office and execute to the town and file with the town clerk an official undertaking in such sum and with such sureties as the town board shall direct. The town board may at any time require any such commissioner to file a new official undertaking for such sum and with such sureties as the board shall direct. § 233. Approval and filing of map and plan of sewer system. The sewer commissioners shall cause a copy of the map and plan of the proposed sewer system, or proposed extension thereof, to be submitted to the state board of health, and if approved, it shall be filed in its office. Such map and plan may be amended with the approval of the state board of health, and if amended, it shall be filed in the offices of the state board of health and of the town clerk. (Am'd by L. ]!)](). ch. 134, in effect April 21, 1910.) § 234. Contracts for the construction of sewer system. The sewer commissioners of such district shall adver- tise for proposals for the construction of a sewer sys- tem, or an extension thereof, according to such map and plan, finally filed, either under an entire contract or in parts or sections as the board may determine. Such advertisement shall be published once in each of two Extracts from Town Law 419 successive weeks in each newspaper published in said sewer district and extension thereof, and if no news- paper is published therein, in the two newspapers pub- lished nearest thereto. The commissioners may re- quire a bond or deposit from each person submitting a proposal, to be not less than twenty-five per centum of the amount involved, the liability on such bond to accrue, or such deposit to be forfeited to the town, in case such person shall refuse to enter into a contract in accordance with his proposal. The commissioners may accept or reject any or all proposals, and when the con- tract is let it shall be let to the lowest bidder. No con- tract shall be made by which a greater amount shall be agreed to be paid than the maximum amount stated in the petition for the construction of such sewer, as amended by supplemental petition, if any, including the expense of superintendence and inspection as provided in section two hundred and thirty-five. Each contract shall be executed in duplicate, one of which shall be given to the contractor and the other shall be filed in the office of the town clerk. (Am'd by L. 1910, ch. 134, in effect April 21, 1910.) § 235. Supervising engineer, inspectors and attorney. The sewer commissioners may employ an attorney, a supervising engineer to superintend and inspect the construction of any sewer, or extension thereof, or works connected therewith, and also such inspectors as may be necessary, and fix the compensation of such attorney, engineer and inspectors. Such compensation, together with the fees, charges and expenses of the engineer employed to prepare the map, plan and speci- fications, and the cost of the acknowledgments of the signatures of the petitioners, as provided for in section two hundred and thirty of this chapter, shall be treated as a part of the expense of construction. 5 230. Acquisition of property by condemnation. If sewer commissioners are unable to agree with the owners 420 The Public Health Law for the purchase of real property necessary for the construction of the sewer system, they may acquire the same by condemnation, whether it be necessary to ac- quire the fee or an easement for a right of way therein, and whether the property and easements necessary to be acquired are within the territorial limits of the sewer district as established; said sewer commissioners may enter into an agreement with the board of trustees or other duly authorized officers of an adjoining incor- porated village, to sewer some part or portion of such incorporated village, and to lay and maintain pipes therein, and when pipes are laid and maintained, and sewer system constructed within the limits of an ad- joining incorporated village pursuant to an agreement so made, the sewer commissioners shall have the same control and exercise the same rights and privileges in connection with the system constructed within the limits of an incorporated village as they have in connection with the system established within the sewer district as laid out. § 237. Apportionment of local assessment for con- struction. The sewer commissioners shall prepare and file in the office of the town clerk a map and plan of such district, or extension, which shall show the high- ways and the several parcels of land therein. The commissioners shall report to the town board the amount of the cost of construction of such sewer sys- tem as determined under the foregoing provisions here- of. The town board shall direct the issue and sale of bonds for the amount of the cost of construction as so reported to said board by the said commissioners, which said bonds shall be redeemable in such equal yearly instalments, the interest thereon to be paid semi- annually, as said town board shall prescribe, and shall be a town charge. In the month of July in each year the town board shall notify the sewer commissioners of the amount to become due for principal and interest Extracts from Town Law 421 during the ensuing year on the bonds so issued. The sewer commissioners shall forthwith proceed to assess such amount on the lands within such district, or exten- sion of an existing district, in proportion as nearly as may be to the benefit which each lot or parcel will derive therefrom. After making such apportionment, said commissioners shall forthwith serve on each land owner a notice of at least ten days of the completion thereof and of the filing of such map and plan, and that at a specified time and place a hearing will be had to consider and review the same. Such notice must be served upon said land owners personally or by mail- ing the same to their last known respective addresses or by publishing the same once each week for two weeks, in a newspaper which circulates in said district, or by either or any of said methods. The commis- sioners shall meet at the time and place specified to hear objections to such apportionment, and may modify and correct the same. The sewer commissioners upon the completion and correction of such apportionment shall forthwith file the same in the office of the town clerk, and shall give notice of the filing of such com- pleted and corrected apportionment in the manner pro- vided for by section thirty-nine of the tax law as to towns. The apportionment shall then be deemed final and conclusive unless an appeal is taken therefrom, as hereinafter provided, within fifteen days after the fil- ing thereof. The town board shall present to the board of supervisors at its annual meeting, a statement of such apportionment as so corrected and filed, showing the amount due, or to become due, for principal and interest during the ensuing year, on the bonds issued under this article; each lot or parcel liable to pay the same, and the amount chargeable to each. The board of supervisors shall levy such sums against the prop- erty liable, and shall state the amount of the tax in a separate column in the annual tax-roll under the 422 The Public Health Law name " sewer tax."' Such tax when collected shall be paid to the supervisor and be by him applied in payment of the bonds. An unpaid assessment shall be collected in the same manner and shall subject the land and land owner liable therefor, to the same in- terest, burdens and penalties, as other town taxes in arrears. (Am'd by L. 1910, ch. 134 and L. 1915, ch. 368, in effect April 26, 1915.) § 238. Appeal from apportionment. A person aggrieved by an apportionment may, within fifteen days after the filing thereof, appeal therefrom to the county court of the county in which such district is situated. Such appeal shall be taken by a notice stating the grounds thereof, served personally or by mail upon each of the sewer commissioners and filed with the town clerk. § 239. Hearing of appeal. Either party may bring on the appeal on a notice of not less than ten nor more than twenty days. All appeals from the same apportionment must be consolidated and heard as one appeal. The county court may affirm or reverse the apportionment. If it be reversed on the ground that it is erroneous, unequal or inequitable, the court shall, by order of reversal, appoint three disinterested freeholders of the district as commissioners to make a new appor- tionment, and no appeal shall be allowed from such order. § 240. Reapportionment. A reapportionment shall be made in the following cases: 1. By the commissioners appointed by the county court where the original apportionment is reversed on the ground that it is erroneous, unequal or inequitable. 2. By the sewer commissioners of the district where the original apportionment is reversed upon any other ground. A reapportionment under this subdivision shall be made in like manner as the original. 3. Reapportionments shall also be made by the sewer Extracts from Town Law 423 commissioners in like manner as original apportion- ments are made upon the petition of the owners of real property in said district representing a majority of the taxable property therein, as appears by the last preceding completed assessment-roll when the said petition shall state that the existing apportionments have become unequal or inequitable; such reapportion- ments shall be made from time to time, but not oftener than once in three years. (Am'd by L. 1911, ch. 251, in effect June 6, 1911.) § 241. Procedure by new commissioners. The com- missioners appointed by the county court shall give notice of the time and place at which they will meet to make such reapportionment, and shall serve notice thereof, either personally or by mail, at least ten days before such meeting upon each owner of land within such district or extension of an existing district, as finally fixed by the board of sewer commissioners. They shall meet at the time and place specified and make such reapportionment in the manner herein prescribed for the sewer commissioners. They shall file such re- apportionment in the office of the town clerk, and it shall be final and conclusive. (Am'd by L. 1910, ch. 134, in effect April 21, 1910.) § 242. Fees of commissioners. Each commissioner appointed by the county court is entitled to five dollars for each day necessarily spent in making such reappor- tionment, besides his actual necessary expenses. Such fees and expenses are a charge against the town, and must be audited by the town board. The amount thereof shall be added to the portion of the expense of con- structing such sewer or sewer system, which is to be assessed against property in such sewer district or extension. (Am'd by L. 1910, ch. 134, in effect April 21, 1910.) § 243. Expense of maintenance, how raised. After the sewer svstem is constructed it shall be maintained 424 The Public Health Law by the commissioners, and the cost of such maintenance shall be a charge upon the sewer district. In July of each year, the sewer commissioners shall present to the town board an estimate of the amount of money required by said commissioners to meet the expenses of maintaining the sewer system for the ensuing year. The town board shall formally pass upon such estimate and approve, or correct and approve, the same. The sewer commissioners shall thereupon assess the amount of the estimate as so approved, and corrected, on the lands within their district, in proportion, as nearly as may be, to the benefit which each lot or parcel will de- rive *thereform, and shall give the same notice thereof, and shall correct and file such reapportionment in the same manner, and shall give the same notice of the filing of such corrected apportionment, as is provided for in section two hundred and thirty-seven of this chapter. An appeal may be taken from such corrected apportionment within the same time, and the procedure thereupon shall be the same as specified in sections two nundred and thirty-eight to two hundred and forty-two, both inclusive, of this chapter, except that the fees of the commissioners appointed by the county court to readjust the apportionment made pursuant to this sec- tion shall be a charge upon the sewer district, and shall be included in the expenses of maintenance. Whenever an apportionment is to be made to meet an instalment of principal and interest on the bonds issued pursuant to section two hundred and thirty-seven of this chap- ter, any proceedings for the correction, review or re- adjustment thereof shall be consolidated with the like proceedings, if any, with respect to the apportionment made as provided in this section. The town board shall present such estimate to the board of supervisors at its annual meeting, with a statement of each property or * .So in original. Extracts from Towx Law 425 parcel liable for the same and the amount chargeable to each. The board of supervisors shall levy such sums against the property liable and shall state the amount of tax in the annual tax roll under the name " sewer tax," with the sewer tax to be raised for payment of bonds as provided in section two hundred and thirty- seven of this chapter, and after such bonds shall have been entirely paid in a similar column headed " sewei tax." This tax for maintenance, when collected, shall be paid to the supervisor of the town and by him paid to the sewer commissioners to meet the expense of maintenance of the sewer system. An unpaid assess- ment under this section shall be collected in the manner provided for in section two hundred and thirty-seven of this chapter. The sewer system as so constructed, or as hereafter added to or changed, shall be under the charge and control of the sewer commissioners, under whose supervision it shall be used by property owners, and no person shall enter into, open or interfere with or use said sewer system except under the inspection and direction of said sewer commissioners and after formal permission shall have been given by said commissioners. The sewer commissioners shall adopt rules and regula- tions to govern the maintenance and use of the sewer system and shall therein fix the amount of fees that shall be chargeable to individuals or property owners who may wish to enter or use the sewer system, which fees shall be sufficient in amount to pay for the cost of inspection of such entry or entries. Any person violat- ing any provisions hereof and interfering with, entering or using said sewer system without obtaining such per- mission shall be guilty of a misdemeanor and liable to punishment accordingly. (Am'd by L. 1910. ch. 134, in effect April 21, 1910.) § 244. Annual statement of commissioners. The sewer commissioners shall in the month of December in each 426 The Public Health Law year file in the office of the town clerk a detailed state- ment, under oath, of the moneys received and paid by them since their last statement under the provisions of this chapter, together with the names of the persons or parties from whom the same were received and to whom the same were paid, and the object of each payment, with the vouchers therefor. Such statement shall show the balance remaining in their hands, which balance shall be applied to maintenance account for the following year. (Am'd by L. 1910, ch. 134, in effect April 21, 1910.) § 245. Sewer connections. The board of sewer com- missioners shall cause a notice to be published in every newspaper published in the town or towns in which the sewer district is located, and posted in at least twenty conspicuous public places in the district, requiring the owners or occupants of all property fronting or abutting on any street or portion thereof in the town in which any public sewer is about to be laid or is being laid or has been laid by such board to make and lay connection pipes to and from the sewer mains in such street or any portion thereof in front of each separate piece of property, and where directed by such board within such time and in such manner and under such inspection as such board shall prescribe; and whenever any such owner or occu- pant shall have made default in making such connection with such sewer mains opposite the lands and premises owned or occupied by him as directed in and required by such printed notice therefor, in the manner and within the time specified, such board shall have power and authority to so make, extend and complete the same to the property line of the lands and premises so owned or occupied opposite thereto and in front thereof, and to connect the same with any existing pipes in front thereof; and the actual expense thereof, including all labor done and materials used in doing and completing Extracts from Town Law 427 the same, shall be assessed by the board upon each sepa- rate piece of property opposite which the same shall be done and completed and shall be a lien and liens on such premises and lots of land respectively, and the same shall be collected in the same manner as other assessments under this article, and when so collected, the amount thereof shall be paid to the sewer commis- sioners to meet the expense or maintenance of the sewer system. (Added by L. 1913, ch. 421, in effect April 30, 1913.) § 246. Constructing laterals in such districts. The board of sewer commissioners may in any town where a sewer district has been laid out and established as hereinbefore set forth, construct one or more laterals upon one or more streets within the sewer district as established, from time to time, entirely at the expense of the owners of the land fronting on said street, streets or portions thereof whereupon said lateral or laterals are constructed provided a petition therefor be presented to the board of sewer commissioners signed by at least a majority of the owners of real property fronting on said street, streets or portions thereof whereupon it is proposed to lay and construct said lateral or laterals. The board of sewer commissioners shall upon the re- ceipt of a petition as aforesaid give a public hearing thereon to all persons interested on a notice of at least ten days, which notice shall specify the time and place said hearing shall be held and shall be served Upon the owners of the land fronting upon said street, streets or portions thereof set forth and described in said peti- tion by mailing the same to their last known respective addresses or by publishing the same once each week for tw r o weeks in a newspaper which circulates in said district, or by either or any of said methods. If the board of sewer commissioners shall act favorably upon said petition, they shall by resolution direct that suit- able plans be prepared, showing the location of such lateral or laterals and such street, streets or portions 42 s The Public Health Law thereof it is proposed to sewer thereby, giving the dimensions of the pipes proposed to be laid, the loca- tion of the manholes and flush tanks, and showing where the same are to be connected with the sewer system within said district, and if there be a lateral or portion thereof upon such street, streets or portions thereof, said commissioners are hereby given power and authority to repair or enlarge the same so as to conform as near as possible with the lateral to be constructed. (Added by L. 1913, ch. 72, in effect March 11, 1913.) § 247. Contracts for construction of laterals. The board of sewer commissioners may employ a suitable engineer to make a survey and prepare the plans re- ferred to in section two hundred forty-six, and after the same has been prepared and adopted by the board of sewer commissioners they may cause specifications to be made, and to advertise for bids to construct such lateral, laterals or portions thereof referred to in such petition, and to do all things necessary in connection therewith, and to award a contract for the construction thereof to the lowest bidder, or they may reject any and all bids and readvertise. (Added by L. 1913, ch. 72, in effect March 11, 1913.) § 248. Improvements; how paid for. After the board of sewer commissioners have received the bids, they must ascertain the total cost of constructing said laterals in- cluding the fees of the engineers and inspectors. They shall then report to the town board of the town wherein said sewer system is located, to which report there shall be attached a copy of the plans and specifications for such improvement and tabulated statement of the bids received, showing the lowest bid and the estimated cost of the improvement as determined by the sewer com- missioners, which shall be filed in the office of the clerk of said town, and the town board shall direct the issue and sale of bonds for the aggregate amount of the cost of said improvement as provided in section two hun- dred and forty-three of this act, and the principal and Extracts from Tow? Law 429 interest on said bonds shall be apportioned upon the property fronting upon said street, streets or portion thereof referred to and mentioned in said petition in the same manner as the original cost of constructing the sewer system is directed to be apportioned upon the property within the district, and the sewer com- missioners shall have the same control and make the same rules and regulations in connection with the lateral, laterals or portions thereof so constructed as they may enforce from time to time in reference to the sewer system within said district, and the cost of main- taining the same shall become a part of maintaining the entire sewer system and be apportioned in the same manner. After the money is obtained for the construc- tion of said lateral, laterals or portions thereof, the commissioners shall then enter into a contract for the construction of the same, which contract shall be en- tered into the same manner as the contract referred to in reference to the construction of the entire system. (Added by L. 1913, eh. 72, in effect March 11, 1913.) § 477-a. Collection of ashes and disposition of gar- bage in certain towns. The said board, upon a petition of the owners of the real estate in said town, or the owners of the real estate in the part of said town in such petition described, may contract with persons or corporations for the collection and disposition of all ashes, refuse or other indestructible matter, swill or garbage, in said town or in the part thereof described in such petition, but the expense thereof shall be assessed upon and collected from the several lots or parcels of land described in such petition. No such petition shall be of any force or effect, nor shall such petition be acted upon by such board, unless the same shall be signed by the resident owners representing not less than one-half of the taxable real estate situ- ated in the district described in such petition. (Added by L. 1916, ch. 91, in effect March 30, 1916.) 430 The Public Health Law EXTRACTS FROM VILLAGE LAW (L. 1909, ch. 64, const, ch. 64 of Cons. Laws) ARTICLE III § 43. List of village officers; mode of choosing; official year; terms of office. Every village shall have a president, not less than two trustees, a treasurer, a clerk and a street commissioner. Except as herein provided, every village shall also have a collector, but a village of the first class may, upon the adoption of a proposition therefor at a special election and a vil- lage of the second class may, upon the adoption of a proposition therefor at an annual or special election, determine that no collector shall thereafter be elected therein. A village of the first or second class may also have a deputy clerk, and any village may have a village engineer. There shall be a board of health in each village, consisting of the board of trustees of such village. The president, trustees, treasurer, collector, police jus- tice and assessors shall be elective officers, except that in a village of the first or second class the treasurer may be appointed, upon the adoption of a proposition therefor at a village election. All other village offi- cers shall be appointed by the board of trustees, except as otherwise provided herein. In all villages the offices of clerk and street commis- sioner may be elective, upon the adoption of a propo- sition therefor at a village election, and after the adoption of such a proposition, a proposition may be submitted for the appointment of such officers, at any subsequent village election. After a proposition has been adopted changing the method of filling such offices, another proposition changing such method shall not be submitted until after a period of two years from the adoption of such prior proposition. Extracts from Village Law 431 An " official year " begins at noon on the first Mon- day after the third Tuesday of March, and ends at noon on the same Monday in the next calendar year. The term of office of the president, treasurer, collector, clerk, street commissioner and inspectors of election shall be one official year; of each trustee elected for a full term, two official years, and of a police justice, four calendar years. The term of each village officer, except police justice, begins at noon on the first Mon- day after the annual election. A full term of the police justice begins on the first day of January suc- ceeding the annual election at which he was elected. After the first election in a village subject to the pro- visions of this chapter one-half of the trustees shall be elected each year for a full term. (Am'd by L. 1915, ch. 323, in effect April 17, 1915.) ARTICLE IV § 87. Meetings of the board of trustees. The presi- dent and the trustees of a village shall constitute the board of trustees thereof. The board shall meet at seven o'clock in the afternoon of the Monday following the annual election, and such meeting is known as the annual meeting of the board. The board shall hold other regular meetings at such times and places in the village as it shall, by resolution, provide. Special meetings may be called by the president or by any two trustees, by causing a written notice, specifying the time and place thereof, to be served upon each member of the board, personally, at least one hour, or by leaving a notice at his residence or place of busi- ness with some person of suitable age and discretion, at least twenty-four hours before the time of meeting. § 89. General powers of the board of trustees. The board of trustees of a village: The Public Health Law 25. Disposition of garbage and ashes. May pro- vide for the removal from the buildings in said village and for the disposition of swill, garbage, ashes and rubbish of said buildings, or for the removal and dis- position of the swill and garbage alone, or the ashes alone, either directly through the employees of said village or by contracting with other persons, provided, however, that authority shall be first obtained there- for by a proposition adopted at a village election, which proposition shall state the maximum amount to be expended for such purpose or purposes in any one year. (Am'd by L. 1916, ch. 114, in effect April 1, 1916.) § 90. Village ordinances. The board of trustees has power to enact, amend and repeal ordinances for the following purposes: ********* 29. Keeping of sw T ine. To regulate or prohibit the keeping of swine within the village limits. (Added by L. 1916. ch. 199, in effect April 12, 1916.) § 90-a. Building and sanitary codes. The board of trustees of any village of the first class, whether organ- ized under a general or special act, may, by a majority vote of all of said board at a meeting thereof duly held, taken and recorded by calling the ayes and noe3 adopt an ordinance to be known as the building code, which shall provide therein rules and regulations for the construction, alteration, removal and inspection of all buildings or structures erected or to be erected within the limits of the village, providing therein and regulating thereby the plans and means of all such construction, alteration or removal of all of such build- ings and structures. Said board by a majority vote of all of said board, at a meeting thereof duly held, taken and recorded by calling the ayes and noes, may also adopt an ordinance to be known as the sanitary code, which shall provide therein rules and regulations Extracts from Village Law 433 for the construction, alteration, removal and inspec- tion of all plumbing and drainage systems in build- ings now erected or to be erected upon property with- in the limits of the village, providing therein and reg- ulating thereby all such construction, alteration or removal of all such plumbing and drainage, and the licensing of plumbers to do such work. Said board shall have authority to provide penalties or punish- ments for disobedience to said ordinances in the man- ner prescribed by section ninety-three of this chapter and may appoint and remove such inspectors and exam- iners as may be required to properly execute the pro- visions of said ordinances, and shall possess authority to alter and amend said ordinances from time to time and to issue licenses to plumbers and builders by a like vote. Nothing herein contained shall impair any other power conferred by law upon a board of trustees in relation to the same or kindred matters. (Added by L. 1910, ch. 202, in effect April 29, 1910.) § 91. Licensing occupations. The board of trustees of a village may, by ordinance, prohibit the pursuit or exercise without a license of any of the following trades or occupations within the village, to wit : 1. The running of public carriages, eabs, hacks, carts, drays, express wagons, or other vehicles for the trans- portation within the village, for hire, of persons or property, soliciting or running therefor, or for hotels, auctioneering, hawking and peddling, except the ped- dling of meats, fish, fruit and farm produce. ********* ARTICLE XI Sewers Section 260. Establishment of sewer system. 261. Construction of sewer at expense of vil- lage. 262. Reimbursement for sewers constructed at private expense. 434 The Public Health Law Section 263. Construction of sewer at joint expense of village and of property benefited. 204. Construction of sewers wholly at expense of property benefited. 265. Acquisition of property by condemnation. 266. Contracts for construction of system. 267. Supervising engineer; inspectors. 26S. Apportionment of local assessment. 269. Appeal from apportionment. 270. Hearing of appeal. 271. Reapportionment. 272. Procedure by new commissioners. 273. Fees of commissioners. 274. Expense of construction; how raised. 275. Tax for unpaid assessments. 276. Contracts with other municipalities, sewer districts, et cetera. 277. Annual report of sewer commissioners. 27S. Sewer connections. § 260. Establishment of sewer system. The board of sewer commissioners of a village may establish, extend and maintain a sewer system therein. Before taking any proceedings for the construction of any sewer, the board, at the expense of the village, shall, unless such map and plan have already been officially approved by the state commissioner of health and copies filed in the state department of health and in tbe office of the village clerk, cause a map and plan of a permanent sewer system for such village to be made, with specifi- cations of dimensions, connections and outlets of sewage disposal works. It may also include any existing sewer in the village, which on examination by the village engineer shall be found feasible and proper to incor- porate or include in the proposed system. Such map and plan shall be comprehensive and shall cover all portions of the village, but the village may construct Extracts from Village Law 135 the whole of the said system or may temporarily omit any portions thereof until such portions may be neces- sary, subject to the approval of such omission by the state commissioner of health as hereinafter provided. Such map and plan shall be submitted to the state commissioner of health for his approval, and if approved shall be filed in his office. A copy thereof shall also be filed in the office of the village clerk. The map and plan may be amended, with the approval of the state commissioner of health, and when so amended and ap- proved shall be filed in the same offices as the original. Xo work of any kind shall be done on or for the con- struction, extension, reconstruction, removal or modifica- tion of any system of sewers or of any sewer thereof until a map and plan covering the entire system shall first have been duly approved and filed as above pro- vided, and in the execution of the construction, exten- sion, reconstruction, removal or modification of any sys- tem of sewers or of any sewer thereof no deviations from the plans as finally approved and filed shall be made until plans or descriptions adequately showing such deviations are first approved and filed as above provided. Whenever the board of sewer commissioners of the village shall deem it desirable to the interests of the village that a portion of the permanent general system of sewers and sewage disposal thereof may be temporarily omitted or deferred, it shall certify that fact in writing to the state commissioner of health, designating by a map or otherwise the portions of the system to be omitted, or the portion not to be omitted, and on receipt of the same the state commissioner of health may approve of such temporary omission and shall certify his determination to the board of sewer commissioners of the village. § 261. Construction of a sewer at expense of village. Upon the adoption of a proposition therefor the whole 436 The Public Health Law or any part of the sewer system may be constructed at the expense of the village. The proposition shall describe the portion of the system proposed to be so constructed, and shall also contain a statement of the estimated maximum and minimum cost thereof. § 262. Reimbursement for sewers constructed at pri- vate expense. If the whole of the sewer system be constructed at the expense of the village and a sewer theretofore constructed wholly or partly at private ex- pense be included in the map or plan of the system, the owners of the property upon which such expense was assessed shall be entitled to reimbursement there- for. Claims for such reimbursement may be presented to and audited by the board of sewer commissioners, and the amounts allowed shall be paid in the same manner as other expenditures for the sewer system. § 263. Construction of sewer at joint expense of vil- lage and of property benefited. Upon the adoption of a proposition therefor, the whole or any part of the sewer system may be constructed at the joint expense of the village and of the property benefited. The proposition shall describe the portion of the system proposed to be so constructed, shall contain a statement of the estimated maximum and *mimimum cost thereof, and also of the proportion of the expense to be assessed upon the village at large, and the aggregate proportion to be assessed upon the property benefited. If the proposi- tion be adopted such aggregate proportion shall be equitably adjusted with reference to the benefits to be derived therefrom. § 264. Construction of sewers wholly at expense of property benefited. The owners of two-thirds of the entire frontage of the portion of a street or streets in which a sewer is proposed to be constructed may * So in original. Extracts from Village Law 137 present to the board of sewer commissioners a peti- tion for the construction of such a sewer. The board shall cause a notice of at least ten days to be given to each person owning land fronting on such portion of such street or streets, of a time and place where it will meet and hear persons interested in the con- struction of such sewer. After such hearing the board may grant the petition in whole or in part, and shall construct a sewer as ordered, and assess the entire ex- pense thereof upon the property benefited. Where such petition is for the construction of a sewer through different streets, such sewer shall be deemed one sewer, and such streets, one continuous street, for the purposes of this section. A petition under this section may limit the maximum amount of the expense to be in- curred in the construction of such sewer. § 265. Acquisition of property by condemnation. If the board of sewer commissioners is unable to agree with the owner for the purchase of real property neces- sary for the sewer system, it may acquire the same by condemnation. § 266. Contracts for construction of system. The board of sewer commissioners of a village authorized to construct the whole or any part of a sewer system shall advertise for proposals for the construction thereof, either under an entire contract, or in parts or sections, as the board may determine. Such advertisement shall be published once in each of two successive weeks in each newspaper published in the village. The board may require a bond or a deposit from the person sub- mitting a proposal, the liability of such bond to accrue, or such deposit to be forfeited to the village, in case such person shall refuse to enter into a contract in accordance with his proposal. The board may accept or reject any proposal, may contract with other than the lowest bidder, or may reject all proposals and advertise 438 The Public Health Law again. Xo contract shall be made by which a greater amount shall be agreed to be paid, than the maximum stated in the proposition or in the petition for the con- struction of such sewer. § 267. Supervising engineer; inspectors. The board of sewer commissioners may employ a supervising en- gineer to superintend and inspect the construction of any sewer or works connected therewith, and also such inspectors as may be necessary, and fix the compensation of such engineer and inspectors. Such compensation shall be treated as a part of the expense of construction. § 26S. Apportionment of local assessment. If the whole or any part of the expense of constructing a sewer is to be assessed upon the lands benefited the board of sewer commissioners shall prepare and tile in the office of the village clerk, a map and plan of the proposed area of local assessment. Such expense shall thereupon be apportioned upon the lands within such area in proportion as nearly as may be to the benefit which each lot or parcel will derive there- from, and the ratio of such benefit shall be estab- lished. After making such apportionment the board shall serve upon each land owner a notice thereof and of the filing of such map and plan, and that at a specified time and place a hearing will be had to consider and review the same. Such notice must be served at least six days before the hearing. The hoard shall meet at the time and place specified and hear objections to such apportionment. It may modify and correct the same or exclude land from the area of local assessment. The board of sewer commissioner.-, upon the completion of such apportionment, shall file the same in the office of the village clerk. The appor- tionment shall be deemed final and conclusive, unless an appeal be taken therefrom within fifteen days after the filing thereof. Extracts from Village Law 439 § 269. Appeal from apportionment. A person ag- grieved by an apportionment may, within fifteen days after the filing thereof, appeal therefrom to the county court of a county in which any part of the village is situated. Such appeal shall be taken by a notice, stating the grounds thereof, addressed to the board of sewer commissioners, and filed with the village clerk. § 270. Hearing of appeal. Either party may bring on the appeal upon a notice of not less than ten nor more than twenty days. All appeals from the same apportionment must be consolidated and heard as one appeal. The county court may affirm or reverse the apportionment. If it be reversed upon the ground that it is erroneous, unequal or inequitable, the court shall by the order of reversal appoint three disinterested freeholders of the village as commissioners to make a new apportionment, and no appeal shall be allowed from such order. § 271. Reapportionment. A reapportionment shall be made in the following cases: 1. By the commissioners appointed by the county court, where the original apportionment is reversed on the ground that it is erroneous, unequal or inequitable. 2. By the board of sewer commissioners where the original apportionment is reversed upon any other ground. A reapportionment under this subdivision shall be made in like manner as the original. § 272. Procedure by new commissioners. The com- missioners appointed by the county court shall give notice of the time and place at which they will meet to make such reapportionment, and shall serve notice thereof at least ten days before such meeting upon each owner of land within the area of local assess- ment as finally fixed by the board of sewer commis- sioners. They shall meet at the time and place speci- fied and make such reapportionment in the manner herein prescribed for the board of sewer commissioners. 440 The Public Health Law They shall file such reapportionment in the office of the village clerk, and it shall be final and conclusive. § 273. Fees of commissioners. Each commissioner appointed by the county court is entitled to five dol- lars for each day necessarily spent in making such reapportionment, besides his actual necessary expenses. Such fees and expenses are a charge against the vil- lage, and must be audited by the board of of trustees. The amount thereof shall be added to the portion of the expense of constructing such sewer or sewer system which is to be assessed against property specially benefited. § 274. Expense of construction; how raised. The ex- pense of constructing a sewer or a sewer system may be raised in an entire amount or in smaller sums from time to time as the board of sewer commissioners may determine. If any porfcUm of such expense is to be borne by the village, bonds or certificates of indebted- ness may be issued therefor. If such expense or any part thereof is to be assessed upon property benefited the board may assess the same, or the instalment to be raised, on the several benefited lots or parcels, in ac- cordance with the apportionment and ratio established under this article. Notice of such assessment shall be given to the owners, who may pay the amounts assessed wit bin ten days after the service of such notice. At the expiration of such time bonds or certificates of in- debtedness may be issued for the aggregate amount of such assessment then remaining unpaid. § 275. Tax for unpaid assessments. The board of trustees shall include in the annual tax levy the prin- cipal or interest accruing during the same fiscal year upon bonds or certificates (if indebtedness issued on ac- count of default in the payment of local assessments under this article, and shall levy the same upon the lots or parcels in default. Such principal shall ho apportioned among the lots Extracts from Village Law 441 or parcels in default so that the tax thereon will be the same as if an equal portion of the assessment were then to be paid. Interest on an unpaid assessment shall be added to such tax at the rate payable by the bond or certificate of indebtedness, which must be computed to the time when the principal or an instalment will be- come due; or if no principal will become due during the fiscal year, then the interest accruing; during that year upon the assessment must be levied upon such lot or parcel. § 276. Contracts with other municipalities, sewer districts, et cetera. The board of sewer commissioners may contract for the connection of the sewers theroi with' the sewers of another village, or of a town, or a city, or of a sewer district established under the pro- visions of article eleven of the town law; or Jointly with such other village or a town or city or sewer district established as aforesaid, may construct, main- tain, operate or use sewers, outlets or disposal works; or may contract with any such other village, or a town, or city, or sewer district established as afore- said for the right to construct and maintain through any such other village, town or city, or sewer district established as aforesaid, an outlet sewer, including the right to acquire real property for such sewer outlet, which thereupon may be acquired either at private sale or by condemnation as authorized by this act. Xo sewer, outlet or disposal works of any other vil- lage, town or sewer district thereof, or city, shall be constructed in any village without the approval of the board of sewer commissioners of the village in which such sewer, outlet or disposal works shall be constructed, and no such contract shall be made unless a proposition therefor be adopted by the village con- structing the sewer, outlet or disposal works, stating the maximum expense. (Am*d by L. lflOO, ch. 212: 442 The Public Health Law L. 1912, ch. 122, and L. 1015, ch. 25, in effect March 4, 1915.) § 277. Annual report of sewer commissioners. Be- tween the first and fourth day of March in each year, the board of sewer commissioners shall file with the village clerk a report containing a statement of the fol- lowing facts: 1. The amount of money on hand at the beginning of the preceding fiscal year, and the receipts from all sources during such year. 2. An itemized statement of the amount paid out dur- ing such year, and the balance on hand. 3. The outstanding indebtedness of the department, either bonded or otherwise, separately stated. 4. A statement of the principal or interest which will become due during the current fiscal year on bonds or certificates of indebtedness. 5. The improvements and extensions made during such preceding year, and the general condition of the sewer system. G. Such other facts as the board deems important for the information of the village, together with such recom- mendations concerning the department as may be deemed proper. § 278. Sewer connections. The board of sewer com- missioners shall cause a notice to be published in the official newspaper of the village and in all other news- papers published therein requiring the owners or oc- cupants of any and all property fronting or abutting on any street or portion thereof in or upon which any public sewer is about to be laid or is being laid or has been laid by the said board to make and lay connec- tion pipes to and from the sewer mains in said street or any portion thereof in front of each separate piece of property and where directed by said board, within Mich time and in such manner and under such in- spection as said board shall prescribe, and whenever General Rules and Regulations 443 any such owner or occupant shall have made default in making such connections with said sewer mains opposite the lands and premises owned or occupied by him as directed in and required by said printed notice therefor in the manner and within the time specified, the said board shall have power and authority to so make, extend and complete the same to the property line of the lands and premises so owned or occupied opposite thereto and in front thereof, and to connect the same with any existing connecting pipes in front thereof, and the actual expense thereof, including all labor done and materials used in doing and complet- ing the same, shall be assessed by the trustees of the village upon each separate piece of property opposite which the same shall be done and completed and shall be a lien and liens on said premises and lots of land respectively, and the same shall be collected in the same manner as other local assessments or assess- ments for local improvements as provided by the special charter of the village or the general village laws of the state as the case may be, and when so collected the amount thereof shall be paid into the sewer funds of the village. (Added by L. 1910, ch. 259, in effect May 7, 1910.) GENERAL RULES AND REGULATIONS PROMUL- GATED BY THE STATE COMMISSIONER OF HEALTH These rules having been duly adopted and properly published, have the force of law. SPECIAL ADMINISTRATIVE RULES RELATING TO THE TRANSPORTATION OF DEAD BODIES BY COMMON CARRIERS (Adopted June 25, 1915, and amended October 30, 1915.) [In effect throughout the State of New York, except in the City of New York, on August 1, 1915.] 444 The Public Health Law Rule i. A transit permit and transmit label issued by the local registrar of vital statistics must accom- pany each dead body transported by a common car- rier. The transit permit shall state the date of issuance, the name, sex, race and age of the deceased, and the cause and date of death. The transit permit shall also state the date and route of shipment, the point of ship- ment and destination, the method of preparation of the body, and shall bear the signature of the undertaker and the signature and official title of the officer issuing the permit. The transit label shall state the date of issuance, the name of the deceased, the place and date of death, the name of the escort or consignee, the point of ship- ment and destination; and shall bear the signature and official title of the officer who issued the transit permit. The transit label shall be attached to the outer box or case. Rule 2. The transportation by common carriers of bodies dead of any diseases other than those mentioned in Rule 3 shall be permitted only under the following- conditions: (a) The coffin or casket shall be encased in a strong outer box made of good sound lumber, not less than 7/8 of an inch thick. All joints shall be securely put together and the box tightly closed. Either the coffin or casket, or the outer box or case, shall be watertight. (b) "When the destination cannot be reached within 60 hours after death, all body orifices shall be closed With absorbent cotton, and the body placed at once in a coffin or casket which shall be immediately closed and the coffin or casket shall be encased in a strong outer box made of good sound lumber not less than 7/8 of an inch thick. All joints must be securely put iher and the box tightly closed, and either the coffin or casket, or the outer box or case, shall be water- tight. General Rules and Regulations 445 Rule 3. The transportation by common carrier of bodies dead of smallpox, plague, Asiatic cholera, typhus fever, diphtheria (membranous croup, diphtheritic sore throat), scarlet fever (scarlet rash, scarlatina), shall be permitted only under the following conditions: All body orifices shall be closed with absorbent cot- ton, the body shall be enveloped in a sheet saturated with an effective disinfecting fluid and shall be placed at once in a coffin which shall be immediately and per- manently closed. The coffin or casket shall be encased in a strong outer box made of good sound lumber, not less than 7/8 of an inch thick, all joints of which shall be securely put together and the box shall be tightly and permanently closed. Either the coffin or casket, or the outer box or case, shall be watertight. Rule 4. No dead body shall be disinterred for trans- portation by common carrier without the previous con- sent of authorities having jurisdiction at the place of disinterment. The transit permit and transit label shall be required as provided in Rule 1, and Para- graph (a) of Rule 2 shall apply. Rule 5. Every outside case holding any dead body offered for transportation by common carrier shall bear at least four handles and when over 5 feet 6 inches in length, shall bear six handles. Albany June 25, 1915. HERMANN M. BIGGS, Commissioner of Health, State of New York. *RULES AND REGULATIONS IN RELATION TO COLD STORAGE Adopted by State Commissioner of Health, December i5> 1915 The following rules relating to the enforcement of an act entitled " An act to amend the Public Health * See page 473 for rule3 and reg illations of commissioner of foods and markets. 44ti The Public Health Law Law relating to cold storage and refrigerating ware- houses and places and the sale or disposition of the food kept or preserved therein," approved June 15, 1911. and acts amendatory thereof are hereby adopted by the State Commissioner of Health, this loth day of December, 1915, to take effect on the 1st day of March, 1916. and to supersede the Cold Storage Rules heretofore adopted. 1. For the purpose of enforcing this act the term " cold storage " will be held to mean the storage of foods at or below a temperature of 45 degrees Fahren- heit, in establishments employing refrigerating machin- ery or ice. The term " cold storage warehouse or refrigerating Avarehouses " will be held to mean an establishment employing refrigerating machinery or ice for the pur- pose of refrigerating in which foods are stored at a temperature of 45 degrees Fahrenheit, or below. 2. Articles of food intended for cold storage shall, when they are offered for or placed in storage, be inclosed in boxes, barrels, crates or other packages sufficiently strong to protect them fr\>m injury, unless 1 he articles are of such character that it is impracti- cable to pack them in containers, and such articles shall not be removed from the packages in which they were received while they remain in cold storage, unless each of said articles or parts of articles removed from such packages be stamped in the manner required by Rule 3, with the day, month and year when said origi- nal packages were placed in cold storage, and the day. month and year when such article or parts of articles were released from cold storage. 3. When articles of food contained in packages are placed in cold storage each package shall be legibly marked in black, purple or green water-proof ink as follows: The name of the storage company and place in which it is located: below that the words "COLD General Rules and Regulations 447 STORAGE;" below that the word "RECEIVED," fol- lowed by the clay, month and year when said articles were placed in storage. The word '-DELIVERED," followed by the day, month and year Avhen such articles are taken from storage, shall be stamped upon such foods or pack- ages before being removed therefrom. When articles of food not contained in packages are placed in cold storage, each individual article must be marked in the above manner. All letters or figures must be in plain type not less than three-eighths of an inch in height. The word "RECEIVED" may be written "Rec'd and the word " DELIVERED " may be written "Del'd," and figures separated by hyphens may be used to indi- cate dates and will be regarded as sufficient date if following the words " Rec'd " or Del'd," as the case may be. The last two figures of the number indicat- ing the year when such foods were placed or taken from storage may be used, e. g., "Received September 1, 1911," may be written "REC'D 9-1-11," or "Delivered September 1, 1911," may be written "DEL'D 9-1-11." Whenever tags are used on which to mark dates, they must be so securely fastened to the article to which they are affixed that they cannot become detached. 4. Persons, firms or corporations engaged in the business of cold storage or refrigerating warehouse- men, who desire to store articles for temporary pro- tection, as hereinafter provided, shall file with the State Department of Health a designation of a room or rooms in their plants to be used for such a pur- pose, together with the location and dimensions of such room or rooms. Articles may be stored for temporary purposes in such rooms for periods not to exceed fifteen days, and 448 The Public Health Law need not be stamped as cold storage goods, but must be stamped with the date of their receipt in said rooms for temporary protection. Persons operating cold storage warehouses must keep an accurate record of the date of receipt and removal of such articles, and such record shall at all times be open to inspection by agents of the State Department of Health. Xo articles which are deemed placed in cold storage shall be placed in such rooms to be used for tempo- rary protection. Provided, however, that if articles of food which have been kept at a low temperature for temporary protection are held for more than fif- teen days at such low temperature thjsy shall then be regarded as having been placed in cold storage and shall be marked in the manner provided for in the case of cold storage goods, and such articles, shall be removed from the room or inclosure in which articles temporarily protected are kept and shall be placed in rooms or inclosures used for cold storage and shall be deemed subject to all the rules and regulations which apply to cold storage goods from the time at which they were first stored for temporary protection. 5. Articles of food held at low temperature during the process of manufacture will hot be regarded as being held in cold storage within the meaning of this act, and such articles need not be dated. 6. The floors, halls, walls, ceilings, furniture, recep- tacles, implements and machinery of every cold storage or refrigerating warehouse shall be kept in a clean, healthful and sanitary condition; and for the purpose of this rule, unclean, unhealthful or insanitary con- ditions shall be deemed to exist if the food stored is not securely protected from flies, dust, dirt, insects and from all other foreign or injurious contamination. 7. Toilet rooms shall be separate and apart from the rooms in which food in st tired; cuspidors for the use General Rules and Regulations 449 of employees must be washed daily with disinfectant solution. 8. No employer shall knowingly require, permit or suffer any person to work, nor shall any person work, in a cold storage or refrigerating warehouse who is affected with any infectious or contagious disease. 9. When any food is found in any cold storage ware- house of this State in a condition which renders it, in the opinion of an inspector of this Department, un- wholesome and unfit for use as human food, the inspector is empowered, authorized and directed to immediately condemn the same and to cause it to be destroyed, or to denature the same, and report his action to the Department immediately, together with a statement of the quantities of goods so condemned and destroyed. Whenever any such food is found packed with articles of food which are not unfit for food in such a manner that the unfit cannot be separated from the fit without thawing, then the inspector dis- covering the same shall not thaw out the food, nor shall he condemn the whole package or packages, but he shall place a stop notice on said food and serve a copy of such notice in writing on an officer of the ware- house in which the food is found and shall mail a copy of such notice to the last known address of the owner of such food. After such stop notice has been placed upon such food, such food shall not be removed or allowed to be removed from said cold storage ware- house, except in the presence of an inspector of the State Department of Health. Such inspector, before allowing any of such food to be removed, shall have the same thawed out and shall separate the food that is fit from the food that is unfit. The food that is unfit shall be condemned and destroyed as hereinbefore provided. The food that is fit may then be released by the inspector. All inspectors shall at once notify 15 150 The Public Health Law the Department of any steps or preceedings taken hereunder. 10. Whenever a building is occupied by two or more persons, firms or corporations each using cold storage refrigeration, any and all parts of the building shall be deemed to be under the control of any or all of such persons, firms or corporations unless there is filed with the State Commissioner a certified state- ment by all of such persons, firms or corporations showing the exact parts of the building and the dimensions of the same which are under the control of each of them. It shall be unlawful after the filing of such statement for any of such persons, firms or corporations to place any article of food in any portion of the building other than that which is named in the statement as under their control. 11. Every person or persons, firm or firms, corpora- tion or corporations who offer for sale articles of food that have been kept in cold storage or refrigeration are hereby required to place in a conspicuous place within their places of business, in full view of the public, a card, not smaller than eight inches in height by twelve inches in length, upon which shall be printed: Notice to Consumers Cold Storage Food is Sold Here. It is a misde- meanor to sell cold storagee food without truthfully representing it as such. Consumers are advised to inquire of the salesman in each case in reference to the character of the goods and to report in cases of misrepresentation to HERMANN M. BIGGS, M. D. Commissioner of Health, Albany, N. Y. The words " Cold storage food is sold here " must be in plain letters not less than two inches in height. General Rules axd Regul axioms 451 The rest of the words must be in plain letters not less than one-quarter inch in height. Compliance with this regulation shall not be deemed the representation required by section 339c of the Public Health Law. 12. It shall be unlawful for any person or persons, firm or firms, corporation or corporations, other than those using the articles for food, to remove from articles of food, or the packages containing the same, or to obliterate, any of the words or figures required to be stamped thereon by Rule 3. It shall also be unlawful for any person or persons, firm or firms, corporation or corporations, other than those using the articles for food, to remove from said food, or the packages containing the same, any tags on which the dates are marked as required by Rule 3. 13. Every person or persons, firm or firms, corpora- tion or corporations engaged in the business of cold storage warehousemen or the business of refrigerat- ing shall at all times during business hours permit the inspectors of this Department to have access to their books and to all parts thereof and to take there- from such abstracts as may be deemed necessary. HERMANN M. BIGGS Commissioner of Health DISINFECTION— SPECIAL REGULATIONS AND IN- STRUCTIONS PROMULGATED BY THE COMMIS- SIONER OF HEALTH, JULY i, 1914 Definitions One of the minor handicaps of medicine is the use of words whose meaning is neither precise nor constant. Many of these are the heritage of an earlier day when the ideas which the words were framed to convey were vague from lack of knowledge. Among such words are 452 The Public Health Law those which relate to infection and to infective agents and their modes of conveyance. The words contagion, contagious and infection, for example, are now used in several senses and often with entire lack of precision. Infection may mean a process or the thing which incites the process. Contagion may be a process, a thing, or a capacity. The word contagious connotes a con- ception of disease and its mode of incitement which has long since passed away. The knowledge of to-day regarding infection and the infective agents is sufficiently definite to permit and to require the use of precise terms. It has therefore seemed to the officials of the Department of Health of the State of New York that clearness of thought and record, and precision and efficiency of action, might be fostered by the formal definition of some of the words, relating to the germ diseases and their control, which are used in the sanitary code and in various rules and regulations and suggestions of the Department. Such definitions follow: An infectious disease is a disease which is incited by the entrance into the body and multiplication therein of pathogenic, that is, disease-inciting microorganisms. Infection is the act or process of the incitement of an infectious disease. The process of infection marks the interaction between the invaded animal organism and the attacking microorganism. An infective agent is a living microorganism, capable under favorable conditions of inciting infectious disease. Infective agents, under the usual conditions of life, are most often transmitted in the secretions or excre- tions of those affected by communicable infectious dis- eases, or to those who, though themselves not affected, harbor pathogenic microorganisms. A communicable disease is an infectious disease the inciting agents of which may, under usual conditions, General Rules and Regulations 453 be transmitted from those affected with the disease, or from those otherwise harboring these agents, to others with the incitement of the disease in fresh cases as a result. Since disease is not a thing but a process, a reaction of the body to injurious agencies, it is evident that disease cannot actually be transmitted or communicated. What, however, is frequently communicated in infectious disease is the inciting agent, whether such agent be a representative of the bacteria, yeasts, moulds, protozoa or other minute organisms. If this be clearly under- stood, the now sanctioned usage of the word " com- municable " in relation to disease serves in an important way to center attention upon that factor in these dis- eases, namely, the definite transmissible infective mate- rial, which is largely subject to control through the principles of hygiene and sanitation and the ministra- tions of health officials. A " carrier " is an individual who, though not at the time himself affected, harbors in his body, or in his secretions or excretions, microorganisms which under favoring conditions may incite infectious disease in him- self or in others. The incubation period is the interval which elapses between the entrance into the body of infective agents and the manifestations of the symptoms or the develop- ment of the lesions which the germs incite. This period varies with the different infective micro- organisms, and with the differing susceptibilities of individuals. During the period the infective organisms are passing through developmental cycles or are increas- ing sufficiently in numbers or in virulence within the body to induce the symptoms and lesions. These symp- toms and lesions are due to the reaction of the host, and, together with the inciting agents, characterize the disease. 454 The Public Health Law Epidemic disease. A disease may be said to be epi- demic when for a limited period it is abnormally preva- lent in a community, so as to involve a considerable number of persons. A disease ordinarily present and prevalent in a locality is said to be endemic. Cultures are growths of microorganisms, usually car- ried on under artificial conditions, for the purpose of studying their characters; or, when derived from cases of suspected communicable disease, to identify forms whose nature must be definitely known, in order that the proper treatment and effective safeguarding of the community may be secured. Exposure to a case of communicable disease means the coming of an individual into such direct relationship to the patient or to materials from his body which presumably contain infective agents, as to render liable the conveyance of the latter, directly or indirectly, from one to the other. Isolation of a case of communicable disease is the separation of the case from those not concerned with its care or with the protection of the public health, under conditions which so far as possible will prevent the spread and secure the destruction of all ineffective material coming from the patient. At the termination of the isolation period, such measures of cleansing and disinfection of the person and of the surroundings of the patient and of his attendant should be taken as will safeguard associates and the community against infective material which from some inadvertence or neglect may linger undestroyed. Disinfection and st< rilization. The killing of all microorganisms is called sterilization, and it may be accomplished either by the use of physical or chemical agents. These processes are of importance because the central aim in the control and suppression of com- municable diseases is to prevent the spread and to General Rules and Regulations 455 destroy, so far as possible at their source, the life of the microorganisms which incite them. The term disinfection implies the destruction of pathogenic organisms ("which are more easily killed than many other forms). It indicates particularly the use of chemical agents in killing germs. There are many chemical disinfectants and some of these are used in the liquid, some in the gaseous, form. An antiseptic is an agent which inhibits the growth and multiplication of microorganisms, but does not defi- nitely destroy their life. A deodorant is a substance which destroys or masks offensive odors. Such substances may act upon the sources of the offensive gases, or upon the gases them- selves. They are sometimes, but not always, antiseptic or disinfectant in action. Among the physical agencies injurious to micro- organisms are heat, sunlight and dessication. Principles of disinfection Knowledge of the inciting agents of the infectious diseases and of the ways in which they may be trans- mitted from one individual to another is now so pre- cise that the measures for the limitation of such mala- dies, through cleanliness and disinfection, are well- defined, and in comparison with those in vogue at an earlier day, extremely simple. The purpose of disinfection in the control of com- municable diseases, is to kill the pathogenic micro- organisms. This is most easily and effectively done at their source, that is, in the secretions and excretions of those affected with disease. In so far as this destruc- tion of disease germs at their source is incomplete or neglected, in such measure does disinfection become more complex, more costly and less efficient. When, for example, cases of such diseases as diph- theria, scarlet fever, measles, cerebrospinal meningitis 456 The Public Health Law and poliomyelitis, are properly isolated and attended, and the discharges are received on cheap fabrics and promptly burned, or in suitable receptacles and treated with strong disinfecting solutions; and when in such diseases as typhoid fever and dysentery, whose infective agents are harbored by the excreta from the intestines or bladder, these excreta are properly and promptly care for; then, the subsequent general disinfection of garments, utensils and rooms, is of relatively slight importance and easily accomplished. On the other hand, when through lack of proper isola- tion of a case of communicable disease, or of intelligent and adequate attendance, infective material has been permitted to contaminate garments, bedding, utensils, rooms and their furnishings, or the persons of the attendants; not only is the most effective safeguard lost, but such procedures as in the end may be neces- sary to secure the required safety are roundabout, beset with difficulties and liable to many failures. Thus effective and economical disinfection is not a matter of the routine application of a set of traditional formulae and procedures; but an operation requiring knowledge, intelligence and alertness, together with a study of the specific problems of every case. Of course particular operations in disinfection may be carried out by any person capable of following direc- tions, if he have adequate facilities. So in institutions and in the larger way routine disinfection is practicable. But in the household, in institutions not regularly caring for disease, in general assembling places and in public conveyances, the problem requires special care, the intelligent study of conditions, and always strict attention to the precise aim of all disinfection, namely, the killing of disease germs. The efficiency of a disinfectant depends not only upon Its intrinsic power as a germicide, but upon the physical General Rules and Regulations 457 condition and accessibility of the germs, the temperature and the length of the contact period. Cleanliness Of all the above agencies cleanliness is, in the long run, perhaps, the most important. But the cleanliness required is informed, intelligent and alert, and assumes infective material of all kinds to be a peculiar and sin- ister form of dirt. Thus applied, fresh air, sunlight, and the generous use of soap and water are important factors in warding of and suppressing communicable diseases. In order that cleanliness may be more readily secured, it is desirable that rooms which harbor cases of com- municable disease should be cleared so far as practicable of all unnecessary articles — bric-a-brac, furniture, car- pets and curtains. All the things which are left should be kept clean, as should the person of the patient, the persons and garments of his attendants, and all the utensils with which he is served. A large measure of effective cleanliness can be secured by the discreet use of the following soapsuds and soda solutions: i. Soapsuds solution. This is made by adding one ounce of common soda to twelve quarts of hot soap- suds. This is useful for ordinary cleansing as well as for the washing of articles which have been disinfected by the special methods presently to be described. 2. Strong soda solution. This is made by dissolving one-half pound of common soda in three gallons of hot water. This solution, applied with a hard scrubbing brush, is both an effective cleanser and a disinfectant of considerable value. Heat Burning. The most prompt and efficient method of disposal of infective meterial or articles contaminated with infective discharges, is by burning. This, when 458 The Public Health Law not too costly, should be resorted to as often as prac- ticable. Steaming. Live steam delivered into suitably con- structed closed chambers, is highly effective, for expos- ure to live steam for half an hour kills all infective germs. Steam sterilizing chambers, commonly main- tained by municipalities or institutions, are of especial value in treating such contaminated fabrics, bedding, clothing, hangings, etc., as will not be injured by the temperature and moisture. Boiling. Actual boiling in a closed vessel for halt an hour will kill all disease germs and should be resorted to whenever practicable, in the disinfection of small articles, fabrics, eating utensils, dishes, etc., which are frequently and repeatedly contaminated in the course of some communicable diseases. When such boiling is feasible, it is usually a more simple, direct and certain method of killing germs, and often less objectionable to the patients and attendants, than is the use of dis- infectant solutions. Chemical disinfectants used in solution Among the many chemical agents which are efficient disinfectants, there are a few which owing to their effi- ciency and adaptability for practical purposes, as well as their cheapness, are in general use. The most im- portant of these are carbolic acid; corrosive sublimate; chloride of lime; alcohol, and formaldehyde, the latter being commonly used in gaseous form, and the others in solution. The choice of these disinfectants and the way to use them will depend upon the source and kinds of the infective material and its physical conditions when subject to the action of the disinfectant. Disinfection by chemical substances can only be effected by solutions of sufficient strength, remaining in contact with the infective organisms long enough to kill General Bulbs and Regulations 459 them. The presence of other substances, especially of organic matter, often weakens the disinfectant through combination with it, or protects the organisms from its access. To secure efficient action the disinfectant should diffuse readily into the material in which the infective organisms are, and be thoroughly mixed with it. The disinfectant should be in excess and time allowed for its action. Solutions for disinfection i. Strong carbolic acid solution (5 per cent.). Add one pint or a pound of either the crude or purified liquid carbolic acid to two and one-half gallons of hot water and stir frequently until no red or colorless drop- lets remain in the bottom of the mixture. 2. Carbolic acid solution (2.5 per cent.). To one part of carbolic acid solution number 1, add an equal amount of water. 3. Strong bichloride of mercury (corrosive sublimate) solution (1-500). Dissolve one ounce of bichloride of mercury in four gallons of hot water. A little blueing should be added to color the solution and indicate its poisonous character. Bichloride of mercury solutions must be made in glass, enameled or earthenware vessels as they corrode metals. 4. Bichloride of mercury (corrosive sublimate) solu- tion (1-1,000). Dilute one part of bichloride of mercury solution number 1 (paragraph 3, above) with an equal quantity of water. 5. Alcohol solution. Four parts of 95 per cent, alco- hol and one part of water. 6. Chloride of lime solution (10 per cent.). Prepare by adding % pound of good chloride of lime to one gal- lon of water and mixing thoroughly. This should be prepared only as needed. I 7. Milk of lime. Owing to the importance of using freshly prepared solutions and the favorable effect of 400 The Public Health Law the heat produced by slaking upon the efficacy of the disinfection, the following method is recommended: (a) Add unslaked lime directly to the infective mate- rial, suspended in water, in the proportion of one part to eight parts of the material. (b) When a solution is required the lime should be slaked by mixing one part of lime with four of water and adding one part of this solution to one part of the material to be disinfected; but this solution must be used promptly. Air-slaked lime will not serve. Preparation of liquor cresolis compositus. Mix 1 pound green soap with 17 ounces cresol and sufficient water to make 34 ounces of solution. The preparation should be made in wooden bucket or an earthenware jar. For economy this should be purchased in barrel lots by the local board of health. Caution: poisoning and antidotes Carbolic acid and bichloride of mercury are violent corrosive poisons and great care should be taken to see that disinfectant solutions are kept out of the reach of children. If, by accident, a disinfectant solution is swallowed, a physician should be sent for at once. Do not wait until he arrives, but give the proper antidote as quickly as it can be prepared. Antidotes for carbolic acid. Olive oil. and castor oil. Antidotes for bichloride of mercury. Raw eggs, flour paste, and milk. Try to provoke vomiting so as to empty the stom- ach. For this purpose give mustard and water, or salt and water, or tickle the back of the throat. The disinfection of discharges The disinfection of sputum and of discharges from the mouth, throat and nose, and from the eyes and ears. The communicable diseases in which these discharges Genebal Rules and Kegulations 461 are to be regarded as of especial significance as the conveyors of infective agents are: diphtheria, measles, mumps, chickenpox, whooping cough, tuberculosis, epi- demic cerebrospinal meningitis, poliomyelitis, epidemic streptococcus or septic sore throat, scarlet fever and smallpox. Sputum and other discharges from the mucous mem- branes are not easy to disinfect because the disease- inciting organisms are apt to be enveloped in mucus, which disinfectants do not readily penetrate. The strong carbolic solution, 5 per cent, is most efficient for this purpose. Sublimate solution is not so efl'ective because in its presence a layer of albuminate of mer- cury is formed about the microorganisms, preventing access to them. Sputum, when in considerable quantity, should be received, if practicable, in paper cups which with their contents may be burned. If this is not practicable it may be received in ordinary cups containing the strong 5 per cent carbolic solution. When not in large quan- tities, sputum and other infective discharges from the mouth, throat and nose, and discharges from the eyes and ears should be reecived on cheap cloths or soft paper, and promptly burned. If handkerchiefs are used to receive infective discharges, they should be immersed in the carbolic solution, before the discharges dry. After Immersion for one hour in an abundant volume of the solution, handkerchiefs or other contaminated fabrics may be laundered. The disinfection of discharges from the alimentary canal and urinary tract. The communicable diseases in which these discharges are especially significant are typhoid fever, and para-typhoid fever, in both of which the urine as well as the intestinal discharges may harbor infective agents, dysentery, and Asiatic cholera. In the latter cases vomited material may also be infective. 46(2 I in l't r.uc Health Law In the above diseases the discharges from the bowels, and the urine should be received in bed-pens or other vessels containing a small amount of chloride of lime solution.* A quantity of chloride of lime solution, equal to twice the volumne of the discharge, should at once be added, and fecal lumps broken up and thor- oughly mixed. The receptacle with its contents, cov- ered to exclude flies, should stand for at least an hour before being emptied into the water-closet, privy or trench. The trench should be 1 foot wide, 3 feet deep, 4 feet long, covered with a plank to exclude flies or snow. After emptying the pans or other vessels which have received such discharges, they should be immersed in a disinfecting solution, and the hands of the attendant should at once be carefully cleansed or disinfected. Neither the disinfection of the discharges nor the cleansing or the hands should be delayed. The disinfection of discharges from the genital tract. If copious, these should be collected on dressings of sterile absorbent cloths and burned. The disinfection of discharges from open wounds and from ulcerating surfaces on the skin. These discharges also should be collected on dressings of sterile, absorbent cloths and burned. The disinfection of clothing, bed linen, towels, nap- kins, and similar articles which have been contaminated with infective discharges. Such articles should be soaked in carbolic solution (2 a /4 per cent) for one hour or longer. Then, after wringing out, they should be boiled for twenty minutes in the soapsuds solution, and laundered as usual. Outer garments of woolen stuffs, mattresses, pillows and similar articles which it would be a hardship to destroy, should be disinfected by exposure to formalde- hyde gas, in a closed room (see p. 4GG) or in special receptacles or chambers designed for this purpose; or, * One-half pound to a gallon of water. General Rules and Regulations 463 they may be sterilized by steam, when the facilities for such form of disinfection are available. The disinfection of the person The disinfection of the skin. The disinfection of the skin requires special procedures, for in the calloused or roughened areas, dirt secretions and microorganisms collect and the fatty or sebaceous material present pre- vents the penetration to the organisms of aqueous solu- tions of disinfectants. Simple but thorough cleansing with soap and water is the most important feature in skin disinfection and must suffice for much of the general routine in the care of the patient. But any part of the surface of the body of the patient or of his attendants which has been contaminated with infective discharges should at once be washed with the carbolic solution (2% per cent) or with the 1 to 1,000 sublimate solution, and then washed with soap and water. Alcohol (75 per cent) is also a most servicable disinfectant for the skin and will remove the sensation of numbness induced by carbolic solutions. A basin of carbolic solution (2^> per cent) or of sublimate solution 1 to 1,000, as well as soap and water, should always be accessible to a room in which a case of communicable disease is isolated, so that nurses and attendants may quickly , rinse and disinfect and wash their hands after attending to the patient. By the use of rubber gloves much of the discomfort from frequent cleansing and soaking of the hands in disinfectants may be avoided. Rubber gloves are readily disinfected in the strong carbolic solution, 5 per cent, or in the strong bichloride solution, 1 to 500; or steri- lized by five minutes' boiling. After disinfection or sterilization they should be dried and kept well- powdered. For hypodermic injection or similar treatment, the site of puncture or erosion, after cleansing with soap 464 The Public Health Law and water, may be disinfected with alcohol, or alcohol and ether, or by the application of tincture of iodine, U. S. P. The procedure required for such disinfection of the hands, as is necessary in surgical operations, is outside the scope of these regulations. The disinfection of mucous membranes. Owing to the delicacy of these structures and the inconvenience and risk involved in their injury, it is impracticable to bring disinfectant solutions into sufficiently close contact with microorganisms which they may harbor in their various recesses and to secure the necessary time of exposure to the solutions, to obtain even approxi- mate disinfection. Here, therefore, as in the case of the skin, it is intelligent cleansing rather than technical disinfection which must be relied on. Though antiseptics may be used for cleansing pur- poses, in the mouth for example, the period of contact between them and the germs is at best too short for the development of their inhibitory effects. For the cleansing of the mouth, an alcoholic wash or gargle is among the most serviceable of the antiseptic solutions. A conventional formula for such a purpose, made either alkaline or acid as may be desired, is as follows : Alkaline solution Sodium bicarbonate 0.5 Glycerine 10 Alcohol 30 Water 60 Acid solution Vinegar 10 Glycerine 10 Alcohol 30 Water 50 General Rules and Regulations 465 These as well as many other bland solutions in com- mon use, are especially valuable in connection with the frequent and intelligent toilet of the mouth. By care exercised in this way one may best safeguard himself and other against the distribution and the reception of the infective microorganisms which are so frequently harbored in the mouth both by the victims of infection and by " carriers." While the cleansing of the mouth with or without antiseptics, is important, it in no way supersedes the necessity for the careful disinfection of the sputum or other discharges from the mouth in cases of communi- cable disease. The mucous membrane of the nose is less tolerant than that of the mouth and throat to efficient disinfect- ing solutions or processes. Here also the simple meas- ures of cleansing with bland washes, which may or may not be antiseptic, must suffice. The mucous membranes of the female genital tract which may harbor infective organisms may be cleansed with antiseptics, but cannot be effectively and safely disinfected. Disinfection of instruments. Instruments may be sterilized by boiling for five minutes in water to which about one per cent of sodium carbonate has been added. Thermometers, when in frequent use in the sick room, should be kept in a 2% per cent carbolic solution. Disinfection of foods. Thoroughly cookpd foods and drinks which have been boiled for ten minutes are free from all disease germs. Remnants of food from the sick room should be burned; or, if more convenient, soaked for an hour in 5 per cent carbolic solution or in milk of lime. Disinfection of eating utensils. Eating utensils used by a pat ; ent affected with a communicable disease, such as knives, fonts, spoons, dishes, etc., should be reserved for him and after use should either be boiled for ten 466 The Public Health Law minutes in soapsuds, or washed first in 5 per cent car- bolic solution, then in hot soapsuds and rinsed in water. Disinfection of the person at the end of the isolation period. If all necessary precautions have been carried out during the isolation period, additional measures of disinfection are unnecessary on release, except in cases of scarlet fever, smallpox and chickenpox. After these diseases the person of the patient and his attendants should be cleansed by washing the entire body and hair with soap and water; brushing the teeth, rinsing the mouth and gargling the throat with an antiseptic solu- tion (see p. 464). There should also be a complete change of underclothing. The disinfection of contaminated rooms and their contents Rooms in which floors and walls or contents have been contaminated with infective discharges through occupancy by a case of communicable disease, should be cleansed and if necessary disinfected and renovated before being occupied by others. While all such rooms and their contents should be cleansed, the necessity for rigorous disinfection will depend upon the degree of intelligent care which has been exercised in the dis- posal of infective discharges during the progress of the disease. If these have been propertly cared for, thorough cleansing and airing will in most instances suffice. In other cases, in addition to cleansing, renova- tion or disinfection may be required. It will be remembered that during prolonged drying and exposure to sunlight pathogenic microorganisms tend to die and become less virulent. So that exposure of rooms and their contents to air and sunlight both during and after their occupancy by a case of com- municable disease, is an important factor in maintain- ing as well as in restoring the healthful conditions of the place. General EIules am» Keuulationn 467 The necessary cleansing and disinfection of rooms will be the more easily accomplished, the more completely they have been freed at the commencement of the case, from upholstered furniture, carpets, rugs and curtains and the like. If these are present and there is reason to suspect their serious contamination, recourse to dis- infection by formaldehyde gas (see below) may be necessary. This may be done either in the room or elsewhere in specially provided chambers. Cleansing. After the destruction of such contaminated material as may remain, and such airing and exposure of the room to sunlight, as may be practicable, and after the dust has settled, the woodwork and plain furniture should be washed and the floor scrubbed with soap and water. Renovation. When in the opinion of the health officer the papering or the walls of the room are contaminated, through long occupancy of the room by a case of com- municable disease from which a general dispersal of infective material is probable, renovation of the room may be required. Disinfection. When disinfection of a contaminated room and its contents is required, it should first be cleaned as above described. Then, if its finishing and furnishing permits, the woodwork and the floor should be washed with bichloride solution (1-1,000). After this has dried the powdery residue of sublimate may be wiped from the woodwork and floor with a moist cloth. If the finish of the walls and the presence of such furnishings and hangings as cannot be disinfected by solutions prevent the use of the above simple method, recourse may, if deemed necessary, be had to gaseous disinfection with formaldehyde. Disinfection with formaldehyde gas. This require^ the presence of moisture, free access of the gas to all the surfaces of the room and its contents, and a pro- 468 The Public Health Law longed exposure to standard percentages of the gas at a moderately elevated temperature. It is essestial for this operation that the room be completely sealed dur- ing the exposure to the gas. Preparation of the room. Except one door for the exit of the operator, all doors, windows and flues should be closed and sealed from the inside by pasting paper over all the holes and cracks. All closets, drawers, trunks and boxes and the like should be opened and all clothing and fabrics shaken out and hung about the room on chairs or clothes horses, to secure free access of the gas since its penetrative power is not great. Books may be held open by turning back the covers till they touch and clamping them in this position with a wooden clothespin. The room should be heated to 60 degrees Fahrenheit and sufficient moisture (60 per cent) saturation obtained by boiling water in a large, open receptacle in the room. (These requirements are important only in cold winter months.) Preparation of the disinfectant. The quantities of disinfectant to be used are computed by measuring the room. By multiplying the length, the breadth and the height together and dividing by 1,000 the number of thousand cubic feet is determined. For example: A room 24 feet long, 13^2 feet wide and 12% feet high, disregarding fractions, contains (24 x 13 x 12) 3,744 cubic feet or 3.7 (3%) thousand cubic feet. Take ten ounces of a 40 per cent solution of formalde- hyde and five ounces of crystalline permanganate of potassium for each 1,000 cubic feet. The room men- tioned above would need 38 ounces of formaldehyde and 20 ounces of permanganate. Place the permanga- nate in a dishpan or similar vessel large enough to hold as many gallons as there are pints of formaldehyde, to make sure the liquid will not boil over. This pan is set inside a slightly larger wooden pail, tub or crock, General Rules and Regulations 469 to retain the heat generated in the mixture. These vessels containing the permanganate are placed in the center of the room. The process of disinfection. The formaldehyde is then poured from a pitcher onto the permanganate. The evolution of the gas is immediate and rapid and the gas is an irritant to mucous membranes so that the operator must instantly retire from the room, close the door and seal the cracks and keyhole. The room is kept closed and sealed for at least six hours. The room may then be opened, thoroughly aired and cleansed. Formaldehyde gas disinfection is fairly effective if applied as above directed, with strict attention to all the details of the operation. Some pathogenic bacteria, even non-spore-bearing forms, are very resistent and may escape destruction in the usual procedure. Its highest efficiency is secured in specially constructed chambers where the conditions of moisture, tempera- ture and penetration can be controlled. Properly con- structed steam disinfecting chambers are adapted to this purpose. There are numerous modes of liberating the gas and various machines and devices for the pur- pose, but the above method is on the whole the most simple and effective. The gas thus applied does not injure delicate fabrics or books. The disinfection of various articles and places* The treatment of the body of one dead of a com- municable disease. The nose, mouth and rectum should be packed with absorbent gauze or cotton soaked with the strong bichloride solution, 1-500. The body, with- out washing, should then be wrapped in a sheet satu- rated with bichloride solution, 1-500 and placed at *The routine practice of disinfection in institutions is of; en subject to modifications which are to be found in other publications of the Department. 470 Thi Public Health Law once in a sealed coffin or casket which should be im- mediately and permanently closed. Cleanliness and disinfection of toilet apartments, spittoons, sinks, surfaces, etc. The seats of water- closets and privies, the bowls of water-closets or other receptacles for human excreta, spittoons, sinks and the woodwork about them, refrigerators, dumb waiters and all articles frequently used or handled by the public, such as woodwork, seats, floors, desks, door handles and the like, in schools, stores, factories, shops and all public conveyances and assembly places should, when practicable, be frequently scrubbed with hot soapsuds or strong soda solution. Cesspools and privy vaults should be frequently cleaned and if necessary deodorized. The deodorization of foul and offensive material. When, through the neglect of cleanliness and the com- mon decencies of sanitation, garbage, sewage, manure heaps, cesspools, privy vaults, stables, etc., have become foul and offensive, they may be treated (in accordance with the experiments and recommendations of Doty), with a mixture of slaked lime and copper sulphate. This, when properly applied to or mixed with offensive surfaces and substances, acts as a powerful deodorant. The formula for this mixture, called the " Copper- Lime Mixture," is: Sulphate of copper One pound Fresh unslaked lime One pound Water Ten gallons To prepare it, slake the lime by stirring in two gallons of water. Dissolve the copper sulphate ("Mue vitrol"), in eight gallons of water. This is most easily done by suspending the crystals, tied in a thin cloth just beneath the surface of the water, since in this way they dissolve more readily than if lying at the bottom. Geneeal Rules aint> Regulations 471 Now mix the slaked lime and the copper solution with stirring. A copious precipitate forms which should remain, and before using the mixture this should be stirred up and kept in suspension, so as to be delivered with the fluid. This copper-lime mixture should be stirred in with the offensive material in the proportion of about one gallon to thirty or forty of the material, fluid or semi- solid- It may also be applied to surfaces, such as foul boarding, urine-soaked stable floors, gutters, etc., with a white wash brush, or it may be delivered from a garden watering pot, with the holes at the spout slightly enlarged. Disinfection nostrums. The use of proprietary and widely advertised so-called disinfectants, is not recom- mended. They are usually of little or indeterminate value, often rank nostrums and wholly useless. They are unnecessarily costly, and commonly serve only to divert attention from that simple cleanliness and the adequate use of soap and water through which alone proper sanitary conditions can be secured and the spread of communicable disease prevented. Especially to be avoided are the hosts of highly vaunted aromatic substances which dropping from one form of fancy receptacle or another, give forth a more or less pungent odor. These aromatic odors set free in toilet or other rooms are wholly void of sanitary virtue. They neither kill nor incommode disease or other germs which indeed do not inhabit the air. They serve only to conceal offensive odors from decomposing or other- wise foul material, which should be removed by cleans- ing, not masked by the infliction of more potent smells. The conduct of the isolation period Preparation and care of the sick room. A room apart from others so far as practicable should be chosen. Upholstered furniture, carpets, rugs, curtains and the 472 The Public Health Law like, and everything which is not necessary for the care of the patient and which is liable to become con- taminated should be removed. Throughout the course of the disease attention should be directed to cleansing, airing, and ventilation. The routine washing and scrubbing of woodwork and floors should be done with soapsuds. (See page 466.) Dusting should be carried out with moist cloths which have been wrung out in sublimate solution ( 1-1,000) ; special attention being given to the door knobs and neighboring woodwork, owing to their possible contamination from unwashed hands. In case of accidental contamination of any object or surface in the sick room by infective dis- charges the discharge should be wiped up by eloths soaked in strong carbolic solution, 5 per cent, and the contaminated surface covered with strong carbolic solution, 5 per cent, for an hour. Attendants and nurses. The choice of attendants and nurses, and the admission of visitors, should be in- fluenced by their relative insusceptibility to the more readily communicable diseases; also, the practicability of artifical immunization should be considered, as in smallpox, diphtheria and typhoid fever and whooping cough. In order to protect the clothing and safeguard the person, caps, gowns, rubber aprons and rubber gloves are desirable for all attendants, since they can be frequently changed, cleansed and disinfected. The spread of infective material from acute cases of communicable disease would be greatly limited if physicians, nurses, and attendants, as a matter of routine, would wash their hands whenever they leave the sick room, and in cases of obvious contamination disinfect tliem. At the conclusion of the case those tttetitfures for the cleansing and disinfection of the person and of the premises should be practiced which arc given in detail on pages 461 and 466. The Sanitary Code » 473 The risks from carriers would be diminished if at the close of convalescence, especially in diphtheria and typhoid fever, bacterial examinations were made, not only of the patient, but of the nurses also, to determine in what cases special precautions should be taken in the care of the discharges and excreta. RULES AND REGULATIONS GOVERNING THE STORAGE AND DISTRIBUTION OF COLD STOR- AGE EGGS Issued by the Commissioner of the State Department of Foods and Markets, in accordance with Chapter 245 of the Laws of 114, dated November 16, 1915. Every person, firm or corporation, who offers for sale at retail, eggs that have been kept in cold storage or refrigeration, are hereby required to display in a con- spicuous place in their place of business, in full view of the public, a card upon which shall be printed, " cold storage food sold here," in letters not less than two inches in height, and to issue with each sale of cold storage eggs, a bill or invoice, plainly marked, " cold storage eggs." Retailers displaying or holding sold storage eggs, must post a sign in full view of the public in or near the container, containing the words " cold storage eggs," and the price plainly marked for which they are sold. In compliance with the provisions of subdivision 5 of section 20-a of Chapter 245, Laws of 1914, amending Chapter 25, Laws of 1909, entitled "An act relating to general business constituting Chapter 20 of the Con- solidated Laws," I hereby prescribe the following rules and regulations for the grading, packing, handling, storage and sale of eggs within the State of New York. JOHN J. DILLON, Commissioner, Neiv York State Department of Foods and Markets. 47 1 , Public Health Law RULES AND REGULATIONS FOR THE BRANDING OF COLD STORAGE EGGS (Adopted July 24, 1916) 1. Every person or persons, corporation or corpora- tions, engaged in the business of jobbing, wholesaling or retailing eggs, shall, before offering or exposing for sale any eggs which have at any time been stored in a cold storage warehouse, or any other place maintained for cold storage purposes, brand, stamp or mark on the shell of each such egg, the words " cold storage " or their equivalent, in plain letters at least one-eighth inch high; provided such eggs do not already bear such brand, stamp or mark; and provided further that eggs may be sold in the original unbroken packages in which they have been received from such cold storage without being so branded, stamped or marked. 2. This rule shall take effect September 1, 1916. 3. The Commissioner of Foods and Markets will enforce the foregoing rules and regulations by appro- priate actions and proceedings in the courts of this state. THE SANITARY CODE ESTABLISHED BY THE PUB- LIC HEALTH COUNCIL OF THE STATE OF NEW YORK Introductory Note The public Health Law of the State of New York, as amended by chapter 559 of the Laws of 1913, pro- vides as follows: Section 2-b. Sanitary code. The public health coun- cil shall have power by the affirmative vote of a major- ity of its members to establish and from time to time amend sanitary regulations, hereinafter called the sani- tary code, without discrimination against any licensed physicians. The sanitary code may deal with any mat- The Sanitary Code 475 ters affecting the security of life or health or the preser- vation and improvement of public health in the state of New York, and with any matters as to which jurisdic- tion is hereinafter conferred upon the public health council. The sanitary code may include provisions regulating the practice of midwifery and for the promo- tion of health in any or all Indian reservations. * * * The provisions of the sanitary code shall have the force and effect of law and any violation of any portion thereof may be declared to be a misdemeanor. No provision of the sanitary code shall relate to the city of New York or any portion thereof, and every provision of the sanitary code shall apply to and be effective in all portions of the state except the city of New York unless stated otherwise. Section 2-c. Enforcement of sanitary code. The pro- visions of the sanitary code shall, as to matters to which it relates, and in the territory prescribed therefor by the public health council, supersede all local ordi- nances heretofore or hereafter enacted inconsistent therewith. Each city, town, or village may, in the manner hereinafter prescribed, enact sanitary regula- tions not inconsistent with the sanitary code established by the public health council. The public health council shall have power to prescribe by regulations the qualifi- cations of directors of divisions, sanitary supervisors, local health officers hereafter appointed and public health nurses. * * * Under the public health law, all local health officers have the power, and it is their duty, to carry into effect in their respective jurisdictions the provisions of the public health law and the sanitary code, and the orders and regulations, not inconsistent therewith, of their respective boards of health. The state commissioner of health, under the same law, has the power, and it is his duty, to exercise general supervision over the work of all local health 476 Public Health Law authorities, except in the city of New York, and to see that the provisions of the public health law and the sanitary code are enforced. The sanitary code supplements but does not take the place of the provisions of the public health law or of any amendments thereto, or of any of the laws relating to the public health or to the powers or duties of the state commissioner of health, the state department of health, local boards of health or local health officers. Additions to the sanitary code will be made from time to time. CHAPTER I (Adopted April 7, 1914) Definitions and General Provisions Regulation i. Definitions. Unless otherwise specifi- cally provided herein, the following words and terms used in this code are defined for the purposes thereof as follows: (1) The term "communicable disease " means such communicable disease as may be designated in regula- tion one of chapter two of this code. (2) The term "municipality" means and includes a city, town, or village. (3) The term " board of health " or " local board of health " means and includes the local board, department, or commissioner of health, or other body or official, of a municipality, by whatever title the same may be known, having the usual powers and duties of the board of health of a municipality. ( 4 ) The term '* health officer " or '• local health offi- cer " means and includes the health officer, or other officer of a municipality, by whatever title he may be known, having the usual powers and duties of the health officer of a municipality. Regulation 2. Violations declared to be misdemeanors. Any violation of any provision of this code is hereby The Sanitary Code 477 declared to be a misdemeanor and is punishable by a line of not more than fifty dollars or by imprison- ment for not more than six months, or by both. This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of March, 1916. (As am'd Jan. .22, 1916.) Regulation 3. When to take effect. Every regulation in this chapter, unless otherwise specifically stated, shall take effect on the first day of May, 1914. CHAPTER II (Adopted April 7, 1914) Communicable Diseases Regulation 1. Communicable diseases designated. For the purpose of this code, the term communicable disease shall be held to include the following diseases, which are hereby declared to be communicable through the conveyance of the infective organisms: Anthrax Chickenpox Cholera, Asiatic Diphtheria ( membranous croup ) Dysentery, amoebic and bacillary Epidemic cerebrospinal meningtis Epidemic or streptococcus (septic) sore throat German measles Glanders Measles Mumps Ophthalmia neonatorum Para-typhoid fever Plague Poliomyelitis, acute anterior (infantile paralysis) Puerperal septicaemia Rabies Scarlet fever 47S Public Health Law Smallpox Trachoma Tuberculosis Typhoid fever Typhus fever Whooping cough Regulation 2. Reporting cases of communicable dis- ease by physicians. It shall be the duty of every phy- sician to report to the local health officer, within whose jurisdiction such patient is, the full name, age and address of every person affected with a communicable disease, together with the name of the disease, within twenty-four hours from the time when the case is lirst seen by him. Such report shall lie by telephone or tele- gram, when practicable, and shall also be made in writing, except that the written notice may be omitted in cities of the first class with the approval of Ihc state commissioner of health. This regulation shall take effect throughout the state of New York, except in the city of Xew York, on the first day of .March. 1916. (As anrd Jan. 22. 1916.) Regulation 3. Reporting cases of communicable dis- ease in institutions. It shall be the duty of the super- intendent or person in charge of every hospital, other institution, or dispensary, to report to the local health officer, within whose jurisdiction any such hospital, other institution, or dispensary is located, the full name, age, and address of every person under his charge affected with a communicable disease, together with the name of the disease, and the name and ad- dress of the person or organization in whose care the case was immediately prior to admission or by whom the case was referred, within twenty-four hours from the time when the case first develops or is first ad- mitted to such hospital, other institution, or dispen- sary. Such report shall be by telephone or telegram, when practicable, and shall also be made in writing. The Sanitary Code 479 This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of May, 1915. (As am'd March 4, 1915.) Regulation 4. Reporting cases of disease presumably communicable in schools. When no physician is in at- tendance, it shall be the duty of every teacher to report forthwith to the principal or person in charge of the school all facts relating to the illness and physi- cal condition of any child in such school who appears to be affected with a disease presumably communicable. It shall be the duty of the principal or person in charge of every school to report forthwith to the local health officer all facts relating to the illness and physical condition of any child attending such school, who ap- pears to be affected with any disease presumably com- municable, together with the name, age, and address of such child. Such child shall be at once sent home or isolated. Regulation 5. Reporting cases of disease presumably communicable in private households, hotels, boarding and lodging houses. When no physician is in attend- ance, it shall be the duty of the head of a private house- hold or the proprietor or keeper of any hotel, boarding house, or lodging house, to report forthwith to the local health officer all facts relating to the illness and physical condition of any person in any private household, hotel, boarding house or lodging house under his charge, who appears to be affected with any disease presumably communicable, together with the name of such person. (As am'd Sept, 16, 1914.) Regulation 6. Reporting cases of disease presumably communicable by nurses and persons in charge of camps. It shall be the duty of every visiting nurse and public health nurse and of the person in charge of any labor or other camp, having knowledge of any person affected "with any disease presumably communicable, who by reason of the danger to others seems to require the 480 Public Health Law attention of the public health authorities, to report at once to the local health officer, within whose jurisdic- tion such case occurs, all facts relating to the illness and physical condition of such affected person. Regulation 7. Reporting cases of disease presumably communicable on vessels. It shall be the duty of the master or person in charge of any vessel lying within the jurisdiction of the state to report or cause to be reported immediately in writing to the local health officer at such ports or landings as the state commis- sioner of health may designate all facts relating to the illness and physical condition of any person in or on such vessel affected with any disease presumably com- municable, together with the name of such affected person. This regulation shall not apply to any vessel within the jurisdiction of the health officer of the port of New York. Regulation 8. Reporting cases of communicable dis- ease on dairy farms by physicians. When a case of Asiatic cholera, diphtheria, amoebic or bacillary dysen- tery, epidemic cerebrospinal meningitis, epidemic or septic sore throat, para-typhoid fever, scarlet fever, smallpox, or typhoid fever exists on any farm or dairy producing milk, cream, butter, or other dairy products for sale, it shall be the duty of the physician in attendance to report immediately to the local health officer the existence on such farm or dairy of such case. It shall be the duty of the health officer to report immediately to the state commissioner of health, by telephone or telegram, the existence on such farm or dairy of such case, together with all facts as to the isolation of such case, and giving the names of the localities to which such dairy products are delivered. This regulation shall take effect throughout the state of New York, except in the city of New' York, on the first day of January, 1016. (As ara'd Oct. 5, 1915.) Thw Sanitary Code 481 Regulation 9. Reporting cases of disease presumably communicable on dairy farms by owner or person in charge. When no physician is in attendance, it shall be tho duty of the owner or person in charge of any farm or dairy producing milk, cream, butter, cheese, or other food products likely to be consumed raw, to report forthwith to the local health officer the name and ad- dress and all facts relating to the illness and physical condition of any person, who is affected with any di- sease presumably communicable, and who is employed or resides on or in such farm or dairy, or comes in contact in any way therewith or with its products. Regulation 10. Diphtheria; material for cultures to be submitted. In every case of illness which there is reason to suspect is diphtheria, it shall be the duty of the attending physician or, if the local health au- thorities so requfre, of the health officer promptly to take material for cultures from the throat of the suspected person and submit the same for examination to a state, county, or municipal bacteriological labora- tory, or to a laboratory approved by the state commis- sioner of health. Regulation n. Isolation of persons affected with communicable diseases. It shall be the duty of every physician, immediately upon discovering a case of com- municable disease, to secure such isolation of the pa.tient, or to take such other action, as is required by the special rules mid regulations which from time to time may be issued by the local health authorities or by the stall' department of health. Regulation 12. Adults not to be quarantined in cer- tain cases. When a person affected with a communicable disease is properly isolated on the premises, excepl in cases of smallpox, adult members of the family or household, who do not come in contact with tin 1 patient or with, his secretions or excretions, unless forbidden by tire health officer, may continue their usual vocations, 16 482 Public Health Law provided such vocations do not bring them in close contact with children. Regulation 13. Removal of cases of communicable disease. After isolation by the local health officer no person, without permission from him, shall carry, re- move, or cause or permit to be carried or removed from any room, building, or vessel, any person affected with diphtheria, scarlet fever, smallpox, or typhus fever. Without permission from^the local health officer no person shall carry, remove, or cause or permit to be carried or removed from any hotel, boarding house, lodging house, or other dwelling, any person affected with chickenpox, diphtheria, epidemic cerebrospinal meningitis, epidemic or septic sore throat, measles', mumps, poliomyelitis (infantile paralysis), scarlet fever, smallpox, typhus fever, or whooping cough. Without permission from the local health officer no master of any vessel or other person shall remove or aid in removing, or permit the removal, from any such vessel to the shore of any person affected with any communicable disease. This regulation shall not apply to any vessel within the jurisdiction of the health officer of the port of Ne \ York. Regulation 14. Removal of articles contaminated with infective material. Without permission from the local health officer no person shall cany, remove, or cause or permit to be carried or removed from any room, build- ing, or vessel, any article which has been subject to con- tamination with infective material through contact with any person or Math the secretions of any persons affected with Asiatic cholera, diphtheria, scarlet fever, smallpox, typhoid fever, or typhus fever, until such article has been disinfected according to the special rules and regulations of the state department of health.* S, p. 4CI1. The Sanitary Code 483 Without permission of the local health officer no master of any vessel or other person shall remove or aid in removing or permit the removal from any such vessel to the shore of any article which has been subject to contamination with infective material through con- tact with any person or with the secretions of any person affected with Asiatic cholera, diphtheria, scarlet fever, smallpox, typhoid feVer, or typhus fever. This regulation shall not apply to any vessel within the jurisdiction of the health officer of the port of New York. Regulation 15.. Right of entrance and inspection. Xo person shall interfere with or obstruct the entrance to any house, building, or vessel by any inspector or officer of the state or local health authorities, in the discharge of his official duties, nor shall any person interfere with or obstruct the inspection or examination of any occu- pant of any such house, building, or vessel by any inspector or officer of the state or local health authori- ties, in the discharge of his official duties. Regulation 16. Instructions as to disinfection of ex- creta in Asiatic cholera, dysentery, para-typhoid fever, and typhoid fever. It shall be the duty of the physician in attendance on any case suspected by him to be Asiatic cholera, dysentery, para-typhoid fever, or typhoid fever, to give detailed instructions to the nurse or other person in attendance in regard to the disinfection and disposal of the excreta. Such instruc- tions shall be given on the first visit, and shall con- form to the special rules and regulations of the state department of health." It shall be the duty of the nurse or person in attendance to carry out the dis- infection in detail until its discontinuance is permitted by the local health officer. Regulation 17. Instructions as to disinfection of dis- charges in diphtheria, epidemic cerebrospinal meningitis, epidemic or septic sore throat, measles, poliomyelitis (in- * See p. 451. 484 Public Health Law fantile paralysis), scarlet fever, smallpox^ and whooping cough. It shall be the duty of the physician in attend- ance on any case suspected by him to be diphtheria, epidemic cerebrospinal meningitis, epidemic or septic sore throat, measles, poliomyelitis (infantile paralysis), scarlet fever, smallpox, or whooping cough, to give detailed instructions to the nurse or other person in attendance in regard to the disinfection and disposal of the discharges from the nose, mouth and ears of the patient. Such instructions shall be given on the first visit and shall conform to the special rules and regula- tions of the state department of health. It shall be the duty of the nurse or person in attendance to carry out the disinfection in detail until its discontinuance is pemitted by the local health officer. Regulation 18. Precautions to be observed by physi- cians and attendants. The physician or nurse or other necessary attendant upon a case of diphtheria, measles, or scarlet fever, after attendance upon the case, shall take precautions and practice measures of cleansing or disinfection of his person or garments to prevent the conveyance to others of infective material from the patient. Regulation 19. Distribution of circulars. It shall be the duty of every health officer, as soon as a case of diphtheria, epidemic cerebrospinal meningitis, epidemic of septic sore throat, measles, poliomyelitis (infantile paralysis), scarlet fever, smallpox, typhoid fever, typhus fever, or whooping cough is reported to him, or as soon thereafter as possible, to give every family or individual living in the house or building, in which such case is, the circulars of information and copies of any rules and regulations, printed in a language understocd by such individual, concerning such diseases which may be issurd by the state department of health or the local health authorities. The health officer shall also notify . family or individual living in the house of the existence of such disease. The Sanitary Code Regulation 20. Posting placards. When a case of diphtheria, epidemic cerebrospinal meningitis, mea- poliomyelitis (infantile paralysis), scarlet fever, small- pox, or typhus fever exists in any house, or apartment, or room, it shall be the duty of the health officer to post upon such house, or apartment, or room, or rooms, in which such case is isolated, near the entrance there- of, a placard stating the existence therein of a com- municable disease. Regulation 21. Interference with placards. No per- son shall interfere with or obstruct the posting of any placard by any health authority in or on any place or premises, nor shall any person conceal, mutilate, or tear down any such placard, except by permission of the health authority. In the event of such placard being concealed, muti- lated, or torn down, it shall be the duty of the occupant of the premises concerned inimediately to notify the local health officer. Regulation 22. Preventing the spread of communi- cable diseases in institutions. It shall be the duty of the superintendent or person in charge of any hospital. or other institution, or dispensary, in which there is a person affected with any communicable disease, to take such steps as will, so far as practicable, prevent the spread of infective material. Regulation 23. Isolation wards required for institu- tions for children. Every institution for children, in which twenty or more children sleep, shall be provided with at least one isolation ward, or room or apartment or tent, so related to the rest of the building as to make proper isolation therein practicable. Regulation 24. Exposure of persons affected with communicable disease. No person shall permit any child, minor, or other person under his charge, affected with diphtheria, measles, poliomyelitis, acute anterior (in- fantile paralysis) scarlet fever, smallpox, or typhus fever, to associate with others than his attendants. 486 Public Health Law Xo person affected with any of said diseases shall expose himself in such manner as to cause or contribute to, promote or render liable their spread. (As am'd Oct. 20, 1914.) Regulation 25. Needless exposure to communicable disease forbidden. No person shall expose or permit the visiting, association, or contact of any child, minor, or other person under his charge, with any person affected with diphtheria, measles, scarlet fever, smallpox, typhus fever, or whooping cough, or with discharges of any kind from the person of a patient affected with any of said diseases. No person shall needlessly expose himself, or visit, or associate, or come in personal contact with, a case of any of said diseases, or the discharges therefrom, on in any manner cause or contribute to, promote or render liable, the spread thereof. Regulation 26. Exclusion from school of cases of dis- ease presumably communicable. It shall be the duty of the principal or other person in charge of any public, private, or Sunday school to exclude therefrom any child or other person affected with a disease presumably communicable until such child or other person shall have presented a certificate issued by the health officer, or by the attending physician and countersigned by the health officer, stating that such child or other person is not, liable to convey infective material. Regulation 27. Exclusion from schools and gather- ings of cases of certain communicable diseases. No per- son affected with chickenpox, diphtheria, epidemic cere- brospinal meningitis, epidemic or septic sore throat, German measles, measles, mumps, poliomyelitis (infan- tile paralysis), scarlet fever, smallpox, trachoma, or whooping cough, shall attend or be permitted to attend any public, private, or Sunday school, or any public or private gathering. Such exclusion shall be for such time and under such conditions us may be prescribed The Samtakv (ode 187 by the local health authorities, not inconsistent with the provisions of this code or the special rules and regulations of the state department of health. Regulation 28. Exclusion from schools and gatherings of children of households where certain communicable diseases exist. Every child who is an inmate of a household in which there is, or has been within fifteen days, a case of chickenpox, diphtheria, epidemic cerebro- spinal meningitis, German measles, measles, mumps, poliomyelitis (infantile paralysis), scarlet fever, small- pox, or whooping cough, shall be excluded from every public, private, or 'Sunday school and from every public or private gathering of children for such time and under such conditions as may be prescribed by the local health authorities, not inconsistent with the provisions of this code or the special rules and regulations of the state department of health. Regulation 29. Precautions to be observed in chicken- pox, German measles, mumps, and whooping cough. No person affected with chickenpox, German measles, mumps, or whooping cough shall be permitted to come in contact with or to visit any child who has not had such disease or any child in attendance at school. Regulation 30. Isolation or removal in smallpox. It shall be the duty of every health officer, whenever a case of smallpox occurs in his jurisdiction, if a suitable hospital is available, to remove or cause to be removed such case promptly thereto. Every inmate of the house- hold where such case occurs, and every person who has had contact with such case, or with his secretions or excretions, shall be either vaccinated within three days of his first exposure to the disease or placed under quar- antine, and, when vaccinated, the name and address of such inmate or other person shall be taken and such inmate or other person shall be kept under daily obser- vation. Such observation shall continue until successful vaccination results, or for at least twenty days. If 48S Public Health Law such inmate or other person refuses to be vaccinated, he shall be quarantined until discharged by the local health officer. If there is no hospital available, the patient shall be isolated and every inmate of the household shall be vaccinated or strictly quarantined until discharged by the local health officer. Whenever a case of smallpox occurs in his jurisdic- tion, it shall be the duty of the local health officer to use all diligence in securing the names and addresses of all persons who have had contact \vitji such case, and in causing such persons to be either vaccinated or placed under quarantine. Regulation 31. Provision for free vaccination. It shall be the duty of the board of health of every munici- pality to provide, at public expense, free vaccination for all persons in need of the same Regulation 32. Removal to hospital or isolation and restriction of visiting in certain cases. It shall be the duty of the health officer to remove, or cause to be removed, every case of diphtheria, measles, or scarlet fever promptly to a suitable hospital, or to see that such case is properly isolated. Such isolation shall be maintained until its discontinuance is permitted by the health officer. No person, except the physician and the nurse or other person in attendance, shall be permitted to come in contact with or to visit a case of diphtheria, measles, or scarlet fever, except by permission of the health officer. Regulation 33. Removal to hospital from lodging houses, hotels, or boarding houses, or isolation, and pro- vision for persons who cannot be removed. It shall be the duty of the health officer, whenever 9 case of diph- theria, scarlet fever, or typhus fever occurs in a lodging house, hotel, or boarding house within his jurisdiction, if a suitable hospital is available, to remove or cau-c to be removed BUeh case promptly thereto, unless in The Sanitary Code 489 1 lie judgment of such officer, the case can be safely isolated on the premises. If there be no proper hospital available, or if, for any sufficient reason, such case cannot be removed, it shall be the duty of the municipal authorities to make pro- vision, Avhen necessary, for the medical and nursing dare of such case in such lodging house, hotel, or boarding house, and the local health officer may, if in his judg- ment such action seems necessary, remove or cause to be removed the other inmates therefrom. Regulation 34. Quarantine in certain emergencies. When any case of diphtheria, epidemic cerebrospinal meningitis, measles, scarlet fever, smallpox, or typhus fever is not or cannot be properly isolated on the prem- ises and cannot be removed to a suitable hospital, it shall be the duty of the local health officer to forbid any member of the household from leaving the premises, except under such conditions as he may specify and except as provided by regulation twelve of this chapter. Regulation 35. Maximum period of incubation. For the purpose of this code, the maximum period of incu- bation (that is, between the date of the exposure to disease and the date of its development), of the follow- ing communicable diseases is hereby declared to be as follows: Chickenpox 21 days Measles 14 days Mumps 21 days Scarlet fever 7 days iSmallpox 20 days Whooping cough 14 days Regulation 36. Minimum period of isolation. The minimum period of isolation, within the meaning of this code, shall be as follows: Chickenpox, until twelve days after the appearance of the eruption and until the crusts have fallen and the scars are completely healed. 490 Public Health Law Diphtheria (membranous croup), until two successive negatives cultures have been obtained from the nose and throat at intervals of twenty-four hours. Measles, until seven days after the appearance of the rash and until all discharges from the nose, ears and throat have disappeared and until the cough has ceased. Mumps, until two weeks after the appearance of the disease and one week after the disappearance of the swelling. Scarlet fever, until thirty days after the development of the disease and until all discharges from the nose, ears and throat, or suppurating glands have ceased. Smallpox, until fourteen days after the development of the disease and until scabs have all separated and the scars completely healed. Whooping cough, until eight weeks after the develop- ment of the disease or until one week after the last characteristic cough. This regulation shall take effect throughout the state of ~Sew York, except in the city of New York, on the first day of January, 1916. (As am'd Oct. 5, 1915.) Regulation 37. Sale of foods forbidden in certain cases. When a case of diphtheria, epidemic or septic sore throat, amoebic or bacillary dysentery, epidemic cerebrospinal meningitis, scarlet fever, smallpox, or typhoid fever exists on any farm or dairy producing milk, cream, butter, cheese, or other foods likely to be consumed raw, no such foods shall be sold or delivered from such farm or dairy, except under the following conditions: (a) That such foods are not brought into the house where such case exist b; (b) That all persons coming in contact with such foods eat, sleep and work wholly outside such house; (c) That such persons do not come in contact in any way with such house or its inmates or contents; The S am i \i;v < ni.iv' -I'M (b)That said inmates are properly isolated and sepa rated from all other parts of said farm or dairy, and efficiently cared for; and (e) That a permit be issued by the health officer. (As am"d Sept. 16, 1914.) Regulation 38. Destruction of foods in certain cases. When a case of diphtheria, epidemic or septic sore throat, amoebic or baeillary dysentery, epidemic cerebro- spinal meningitis, scarlet fever, smallpox, or typhoid fever exists on any farm or dairy producing milk, cream, butter, cheese, or other foods likely to be con- sumed raw, the State commissioner of health or the local health officer may destroy or order the destruction of any such foods which in his opinion may r/.ave been so contaminated as to be a source of danger, and the local authorities may compensate the owner for foods so destroyed. (As am'd Sept. 16, 191^.) Regulation 39. Handling of food forbidden in certain cases. Xo person affected with any communicable dis- ease shall handle food or food products intended for sale, which are likely to be consumed raw or liable to convey infective material. Xo person who resides, boards, or lodges in a house- hold where he comes in contact with any person affected with baeillary dysentery, diphtheria, epidemic or septic sore throat, measles, scarlet fever, or typhoid fever, shall handle food or food products intended for sale. No waiter, waitress, cook, or other employee of a boarding house, hotel, restaurant, or other place where food is served, who is affected with any communicable disease, shall prepare, serve, or handle food for others in any manner whatsoever. Xo waiter, waitress, cook, or other employee of a boarding house, hotel, restaurant, or other place where food is served, who lodges or visits in a household where he comes in contact with any person affected with baeil- lary dysentery, diphtheria, epidemic or septic sore 492 Public Health Law throat, measles, scarlet fever, or typhoid fever shall prepare, serve or handle food for others in any manner whatsoever. Regulation 40. Carriers of disease germs. Any per- son who is a carrier of the disease germs of Asiatic cholera, baeillary dysentery, diphtheria, epidemic cere- brospinal meningitis, poliomyelitis (infantile paralysis), or typhoid fever, shall be subject to the special rules and regulations of the state department of health. Regulation 41. Reports of food poisoning. When any physician or the superintendent or person in charge of any hospital, other institution, or dispensary, or any visiting nurse or public health nurse, or the person in charge of any labor or other camp shall have knowledge of the occurrence of a number or group of cases of severe or fatal illness believed to have been due to the consumption of articles of food suspected to have been spoiled or poisonous, it shall be the duty of such physi- cian, superintendent, nurse, or other person to report the same immediately, by telephone or telegram, when practicable, to the state commissioner of health and to the local health officer in whose jurisdiction such cases occur. It shall be the duty of the local health officer to report immediately to the state commissioner of health, by telephone or telegram, when practicable, the occur- rence of a number or group of sucli cases.* Regulation 42. Duties of physicians and other persons concerning tuberculosis. It shall be the duty of every physician or other person required to perform any duty under sections three hundred and twenty to three hun- dred and thirty, both inclusive, of article sixteen of the public health law, providing for the reporting and con- trol of cases of tuberculosis, to take all steps incumbent nn Mm and necessary to carry into effect the provisions of the said law. * This regulation is Included here for convenience in noti- fication and regulation. The Sanitary Code 493 Regulation 42-a. Duties of health officer on receiving report of an apparent case of tuberculosis. Upon re- ceiving a report in writing of an apparent case of tuber- culosis, as authorized by section 320 of the public health law, the health officer shall thereupon take the follow- ing steps: 1. If the alleged case has been previously reported to him by a physician as having tuberculosis and the latter has elected to assume the sanitary supervision thereof as permitted in section 328 of the public health law, the health officer shall ascertain promptly whether such physician is maintaining proper sanitary supervision. 2. If the alleged case has not been previously reported to him as having tuberculosis, the health officer shall lake proper measures to determine whether there is reason to believe such person is affected with pulmon- ary tuberculosis and if by suitable physical or sputum examination, or both, he ascertains that the person is affected with pulmonary tuberculosis he shall then pro- ceed in accordance with the provisions of the public health law and the rules of the state department of health. This regulation shall take effect throughout the state of Xew York, except in the city of New York, on the first day of March, 1916. (Reg. added Dec. 7, 1915.) Regulation 43. Inoculation with living bacteria. The use of living bacterial organisms in the inoculation of human beings for the prevention or treatment of disease is hereby prohibited until full and complete data regard- ing the method of use, including a specimen of the cul- ture and other agents employed therewith, and a full account of the details of preparation, dosage, and ad- ministration, shall have been submitted to the state commissioner of health and until permission shall have been granted in writing by the state commissioner of health for the use of the same. Regulation 43-a. Distribution of living cultures of disease inducing bacteria. No person having in his pos- [94 Public Health Law session the cultures of pathogenic bacteria shall sell or convey such cultures to any person or laboratory unless first approved by the State Commissioner of Health. This amendment shall take effect May 1, 1010. (Reg. added February 4, 1916.) Regulation 44. Inspection of laboratories. The state commissioner of health, or his authorized representative, shall have authority to inspect every bacteriological or chemical laboratory doing work for the health authori- ties of the state or of any county or municipality therein. He may advise the person in charge of such laboratory as to the methods employed in the examina- tions which in any way affect the public health, and he may report the result of the inspection to the authorities of the county or municipality employing such laboratory. Regulation 45. Cleansing, renovation, and disinfec- tion required. Adequate cleansing of rooms, furniture and belongings, when deemed necessary by the local health officer, or required by this code or otherwise by law, shall immediately follow the recovery, death, or removal of a person affected with a communicable disease. Such cleansing shall be performed by and' at the expense of the occupant of said premises, upon the order and under the direction of the local health officer, in accordance with the regulations of the sanitary code. Adequate renovation of premises, when deemed neces- sary by the local health officer, or required by this code or otherwise by law, shall immediately follow the recovery, death, or removal of a person affected with a communicable disease. Such renovation shall be per formed by and at the expense of the owner of said premises or his agents, upon the order and under the direction of the local health officer, in accordance with the regulations of the sanitary code. Adequate disinfection of premises, furniture and be- longings, when deemed necessary by the local health officer or required by this code or otherwise by law, shall The Sanitary Code L05 immediately, follow the recovery, death, or removal of a person affected with a communicable disease. Such dis infection shall be performed by or under the direction of the local health officer in accordance with the regula- tions of the sanitary code and at the public expense unless otherwise provided pursuant to law. Regulation 46. Methods and precautions in cleansing, renovation and disinfection. The following methods and precautions shall be observed in cleansing, renovation and disinfection: (a) Cleansing shall be secured by the thorough re- moval of dust and other contaminating material in such a way as to prevent the entry thereof, as far as may be possible, into other rooms or dwellings; washing with soap and water; scouring; airing; and exposure to sunlight; in accordance with the special rules and regulations of the state department of health. (b) Renovation shall be secured by removing old paper from walls and ceilings, and repainting, recalci- mining, or repapering of walls, ceilings, and woodwork as may be ordered by the local health officer in accord- ance with the special rules and regulations of the state department of health. (c) Disinfection of rooms shall be secured by the use of such disinfecting agents in such quantities and in such manner and of such sterilizing procedures as may be ordered by the local health officer, in accordance with the special rules and regulations of the state department of health.* When gaseous disinfectants are to be used, all cracks, crevices, and openings into the room shall first be pasted over with paper. Thereafter, all rugs, carpets, upholstered furniture, and such tex- tile fabrics in the said room as cannot, in the opinion of the local health officer, be washed or soaked in a disinfecting solution, may be removed for disinfection by steam when ordered by the local health officer, in * Soe p. 45 1 ■ 496 Public Health Law accordance with the special rules and regulations of the state department of health.* Regulation 47. Destruction of furniture, clothing and other articles. Furniture, bedding, clothing, carpets, rugs, and other articles, which may have been contami- nated with infective material from any case of diph- theria, scarlet fever, or smallpox, and which are of such a nature or in such condition that they cannot, in the opinion of the local health officer, be properly cleansed, disinfected, or sterilized, shall upon his order be destroyed in the manner designated by him. Regulation 48. Cleansing and disinfection of the per- son. It shall be the duty of the patient, upon con- valescence or recovery from any communicable disease, and of the nurse or persons in attendance on such case, throughout the course of the disease as well as at its close, suitably to cleanse and, when necessary, to disin- fect their persons in accordance with the manner pre- scribed by the special rules and regulations of the state department of health. t Regulation 49. Letting of rooms forbidden while con- taminated with infective material. No proprietor of a hotel, boarding house, or lodging house shall let for hire or cause or permit anyone to occupy a room or apartment previously occupied by a person affected with diphtheria, epidemic cerebrospinal meningitis, measles, poliomyelitis (infantile paralysis), scarlet fever, small- pox, tuberculosis, or typhus fever, until such room or apartment has been cleansed, renovated, or disinfected, under the direction of the local health officer. When an order requiring the cleansing, renovation, or disinfection of articles or premises is not complied ♦Thorough cleansing, the use of soap and water, and full exposure to fresh air and sunlight are most efficient means of removing infective material, not only from the walls and floors of rooms, but also from furniture and other articles. t Bee p. 1">1 . The Sanitary Code 497 with, the local health officer shall post a placard on the premises, reading as follows: "Notice: These apartments have (or this room has) been occupied by a person affected with They (or it) must not again be occupied until orders for cleansing, renovation, or disinfection have been complied with. This notice must not be removed under penalty of the law. Date Health Officer." Regulation 50. Duties of common carriers during epi- demics. Whenever the state commissioner of health shall make public declaration of the existence of an epidemic of a communicable disease in any municipality, and shall notify the local health board or officer of such declaration, the state commissioner of health may de- clare, and his declaration shall have the force and effect of law, that no common carrier shall receive or admit any person for carriage or transportation in such mu- nicipality except upon the presentation and surrender to the agent, conductor, or other person in charge of the conveyance, in which such person desires to travel, of a certificate by the local health officer to the effect that such person is, in the opinion of the officer issuing the same, free from the disease then epidemic, and that such person may be received and carried without dan- ger to the general public health, and giving in plain, legible writing the name, residence, and place of desti- nation of such person; and said declaration may fur- ther provide that no person shall board or enter any such conveyance without such certificate. Such certificate shall be filed in the office of the state department of health by the common carrier receiving the same within thirty-six hours after the receipt thereof. The provisions of this regulation shall not apply to 498 Public Health Law common carriers carrying passengers wholly within the limits of the municipality affected. Regulation 51. Placarding by common carriers. When the declarations are made as provided in the preceding regulation, and a common carrier of passengers or an officer or agent thereof is notified by the state commis- sioner of health or by the local health officer of such declaration, it shall be the duty of such common carrier of passengers operating public conveyances in any such municipality to forthwith conspicuously place or post in every station, within such area as the state commis- sioner may designate, and in every conveyance the placard hereinafter described, and to keep the same posted until the epidemic is declared ended by the state commissioner of health: " WARNING THERE IS AN OUTBREAK OF IN (give name of the disease and of city, town, or village) PASSENGERS ARE CAUTIONED. STATE COMMISSIONER OF HEALTH." Said placard shall be in heavy block letters in red ink on a white background, with each letter not less than two inches in height and one and a half inches in width, and shall be posted so that the same shall be in plain view of passengers when they are seated. Any common carrier aforesaid entering any such mu- nicipality shall post such placard in such conveyance in the manner aforesaid at least one hour before arriv- ing in any municipality in which an epidemic is de- clared to exist, and shall keep the same posted not less than half an hour after departing therefrom. Regulation 52. Duties of undertakers. It shall be the duty of every undertaker taking charge of the preparation for burial of the body of any person to ascertain whether such person died of a communicable The Sanitary Code L99 disease and if such person died of Asiatic cholera, diphtheria, epidemic cerebrospinal meningitis, glanders, plague, scarlet fever, smallpox, or typhus fever it shall be his duty to cause it immediately to be wrapped in a sheet saturated with disinfecting solution and promptly thereafter placed in a coffin or casket, which shall then be immediately and permanently closed. This regulation shall not be construed to prohibit the embalming of any such body, but the undertaker shall cause such embalming to be done immediately upon taking charge of the body, except that, when a permit for embalming is required, this shall not proceed until the receipt of such permit. But immediately after the embalming he shall cause such body to be wrapped in a sheet and placed in a coffin or casket as hereinabove directed. After handling, embalming, or preparing for burial the body of a person dead of any of the communicable diseases enumerated in this regulation, such parts of the persons, garments, and utensils or other articles of the undertaker or his assistants, as may have been liable to contamination with infective material, shall be imme- diately cleansed or disinfected or sterilized in the man- ner prescribed by the rules and regulations of the state department of health.* This regulation shall take effect throughout the state of New York, except the city of New York, on the first day of March, 1915. (As am'd Feb. 2, 1915.) Regulation 53. Public funerals forbidden in certain cases. A public or a church funeral shall not be held of any person who has died of diphtheria, measles, scar- let fever, smallpox, or typhus fever; but any funeral of such person shall be private.! * See p. 451. t The purpose of this regulation Is to prevent the spread of disease by any member of the deceased's family or house- hold who may be convalescent from the disease, or who may have the disease in a mild or unrecognized form, or who may be a carrier thereof. 500 Public Health La^v Regulation 54. When to take effect. Every regula- tion in this chapter, unless otherwise specifically stated, shall take effect on the first day of May, 1914. CHAPTER III (Adopted June 16, 1914) Milk and Cream Regulation 1. Permit required for sale of milk in municipalities. No corporation, association, firm or individual shall sell or offer for sale at retail milk or cream in any municipality without a permit from the health officer thereof, which shall be issued subject to such conditions as may be imposed by this code or by the local health officer. Such permit shall expire on the thirty-first day of March, unless another date is designated by the local authorities, and shall be renewable on or before such date in each year, and may be revoked at any time for cause by the state commissioner of health or the local health officer after a li earing on due notice. (As am'd Oct. 20, 1914; in effect Nov. 16, 1914.) No fee may be charged for this permit. See Sec. 81, Gen. Munic. Law, p. 348. Sec. 210, Town Law, p. 411, Sec. 91, Village Law, p. 433. Regulation 2. Application for permit required. No permit for the sale at retail of milk or cream in any municipality shall be issued unless written application, sworn to by the applicant, has been made therefor in the form prescribed by the state commissioner of health. (As am'd Oct. 20, 1914; in effect Nov. 16, 1914.) Regulation 3. Information required in application for permit. Every application for a permit to sell at retail milk or cream in any municipality shall contain the name of each producer from whom the applicant re- ceives or expects to receive milk or cream for sale, The Sanitary Code 501 together with the approximate amount of milk or cream to be furnished by each such producer, and upon change in the source or amount of supply notice thereof shall be given promptly to the local health officer. (As am'd Oct. 20, 1914; in effect Nov. 16, 1914.) Regulation 4. Dairy farms to be inspected and scored. Previous to the first day of January, 1915, the health officer or his representative in every mu- nicipality shall make a sanitary inspection of every dairy farm where milk or cream is produced for sale at retail in such municipality and shall score each such dairy farm on the score card prescribed by the state commissioner of health. On or after the first day of January, 1915, each such health officer or his representative shall make such inspection and scoring at least once in each year and before the thirty-first day of March in each yeai unless another date is designated by the local authori- ties pursuant to regulation 1 of this chapter. The local health officer of such municipality may, however, in his discretion accept the inspection and scoring by the health officer or his representative of another municipality. (As am'd Oct. 20, 1914; in effect Nov. 16, 1914.) Regulation 5. Conditions of issuance of permit. On and after the first day of January, 1915, no permit to sell at retail milk or cream in any municipality shall be issued unless the premises, where it is pro- posed to handle such milk or cream, shall, in the opinion of the local health officer or his representative after inspection, have been rendered clean and sanitary; and unless each farm or dairy, where such milk or cream is produced, shall have been rated after inspec- tion by a health officer or his representative, or, in case of protest, by a sanitary supervisor of the state department of health, at least forty per cent, on the score card prescribed by the state commissioner of 502 Public Health Law health. (As am'd Oct. 20, 1914; in effect 2s ov. 16, 1914.) Regulation 6. Conditions of renewal of permit. !Nu permit to sell at retail milk or cream in any munici- pality shall be renewed unless inspection has been made within the preceding six months by the local health officer or his representative of the premises where such milk or cream is handled and unless each farm or dairy where such milk or cream is produced has been rated by a health officer or his representative, or, in case of protest, by a sanitary supervisor of the state deoartment of health, within the preceding »six months after inspection at least forty per cent, on the score card prescribed by the state commissioner of health. (As am'd Oct. 20, 1914; in effect Nov. 16, 1914.) Regulation 7. Public display of permit. Permits to sell milk or cream shall be publicly displayed in such manner as may be prescribed by the local health authorities. (As am'd Oct. 20, 1914; in effect Nov. 16, 1914.) Regulation 8. Milk and cream to be kept only under sanitary conditions. Xo milk or cream shall be sold or kept for sale under any conditions which in the opinion of the local health officer are not clean and sanitary. All vessels containing such milk or cream for sale shall at all times be covered, kept cool, and so placed that the contents will not be exposed to sun, dust, dirt, flies or other insects. Regulation g. Conditions of bottling of milk and cream. No milk or cream shall be served or sold in bottles or offered for sale in bottles, unless the bottling is done under clean and sanitary conditions at the place of production or collecting or distributing sta- tion. Each bottle shall be capped and each cap shall show The Sanitary Code 503 the name of the producer or dealer and the place of bottling. Regulation 10. Receptacles to be kept in sanitary condition; when to be condemned and seized. Every can or other vessel, which is used to contain milk or cream intended for sale, shall be constantly kept in a clean and sanitary condition. When emptied and before being returned by the person to whom it was last delivered full or partly full every such can or other vessel shall be effectively cleansed. The local health officer or his representative shall condemn any such can or other vessel found by him to be in such condition that it cannot be rendered by washing clean and sanitary as a receptacle for milk or cream, and shall destroy or so mark the condemned vessel as to show that it has been condemned. When so condemned and marked, such can or other vessel shall not be used again to contain milk or cream for sale. The local health officer or his repre- sentative may seize and hold as evidence any can or other vessel returned or otherwise used in violation of this regulation. Regulation n. Utensils to be cleansed. All dippers, measures or other utensils used in the handling of milk or cream intended for sale shall be maintained in a cleanly condition. Regulation 12. Pasteurization. Except where a dif- ferent standard of pasteurization has been adopted pre- vious to the first day of September, 1914, by the local health authorities, no milk or cream shall be sold or offered for sale as pasteurized unless it has been sub- jected to a temperature of 142 to 145 degrees fahren- heit for not less than thirty minutes; and no milk or cream which has been heated by any method shall be sold or offered for sale unless the heating conforms to the provisions of this regulation. 504 Public Health Law After pasteurization the milk or cream shall be imme- diately cooled and placed in clean containers and the containers shall be immediately sealed. No milk or cream shall be pasteurized more than once. This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of January, 1916. (As am'd Oct. 5, 1915.) Regulation 13. Designations of milk and cream re- stricted. All milk sold or offered for sale at retail shall bear one of the designations provided in this regulation, which constitute the minimum requirements permitted in this state. No term other than " certified " shall be used to designate the grade or quality of milk or cream which is sold or offered for sale, except "Grade A raw." " Grade A pasteurized." "Grade B raw." " Grade B pasteurized." " Grade C raw." " Grade C pasteurized." Certified. No milk shall be sold or offered for sale as certified milk which does not conform to the regula- tions prescribed by and bear the certification of a milk commission appointed by a county medical society organized under and chartered by the medical society of the state of New York and which has not been pro- nounced by such authority to be free from antiseptics, added preservatives and pathogenic bacteria, or bacteria in excessive numbers. All milk sold as certified milk shall be conspicuously marked with the name of the commission certifying it. No county medical society shall give such certifica- tion unless all cows producing such milk have been tested nt least once during the previous year with The Sanitaby Code 505 tuberculin, and any cow reacting thereto has been promptly excluded from the herd. Grade A raw. Xo milk or cream shall be sold or offered for sale as " Grade A raw " unless it conforms to the following requirements: The dealer selling or delivering such milk or cream must hold a permit from the local health officer. All cows producing such milk or cream must have been tested at least once during the previous year with tuberculin, and any cow reacting thereto must have been promptly excluded from the herd. Such milk must not at any time previous to delivery to the consumer contain more than 60,000 bacteria per cubic centimeter, and such cream not more than 300,000 bacteria per cubic centimeter. Such milk and cream must be produced on farms which are duly scored on the score card prescribed by the state commissioner of health not less than twenty-five per cent, for equipment, and not less than fifty per cent, for methods. Such milk and cream must be delivered within thirty-six hours from the time of milking, unless a shorter time shall be prescribed by the local health authorities. Such milk and cream must be delivered to con- sumers only in containers sealed at the dairy. The caps or tags must be white and contain the term " Grade A raw " in large black type, and the name and address of the dealer. Grade A pasteurized. Xo milk or cream shall be sold or offered for sale as " Grade A pasteurized " unjess it conforms to the following requirements: The dealer selling or delivering such milk or cream must hold a permit from the local health officer. 506 Public Health Law All cows producing such milk or cream must be healthy as disclosed by an annual physical exami- nation. Such milk or cream before pasteurization must not contain more than 200,000 bacteria per cubic centimeter. Such milk must not at any time after pasteuriza- tion and previous to delivery to the consumer con- tain more than 50,000 bacteria per cubic centi- meter, and such cream not more than 150,000 bac- teria per cubic centimeter. Such milk and cream must be produced on farms which are duly scored on the score card prescribed by the state commissioner of health not less than twenty-five per cent, for equipment and not less than forty-three per cent, for methods. Such milk and cream must be delivered within thirty-six hours after pasteurization, unless a shorter time shall be prescribed by the local health authorities. Such milk and cream must be delivered to con- sumers only in containers sealed at the dairy. The caps or tags must be white and contain the term " Grade A pasteurized " in large black type. Grade B raw. No milk or cream shall be sold or offered for sale as " Grade B raw " unless it conforms to the following requirements: The dealer selling or delivering such milk or cream must hold a permit from the local health officer. All cows producing such milk or cream must be healthy as disclosed by an annual physical exami- nation. Such milk must not at any time previous to delivery to the consumer contain more than 200,000 bacteria per cubic centimeter, and such cream not more than 750,000 bacteria per cubic centimeter. The Sanitary Code 507 Such milk and cream must be produced on farms which are duly scored on the score card prescribed by the state commissioner of health not less than twenty-three per cent, for equipment and not less than thirty-seven per cent, for methods. Such milk and cream must be delivered within thirty-six hours from the time of milking, unless a shorter time shall be prescribed by the local health authorities. The caps or tags on the containers must be white and contain the term " Grade B raw " in large, bright green type, and the name of the dealer. Grade B pasteurized. No milk or cream shall be sold or offered for sale as " Grade B pasteurized " unless i' conforms to the following requirements: The dealer selling or delivering such milk or cream must hold a permit from the local health officer. All cows producing such milk or cream must be healthy as disclosed by an annual physical exam- ination. Such milk or cream before pasteurization must not contain more than 1,500,000 bacteria per cubic centimeter. Such milk must not at any time after pasteuriza- tion and previous to delivery to the consumer con- tain more than 100,000 bacteria per cubic centi- meter, and such cream not more than 500,000 bacteria per cubic centimeter. Such milk and cream must be produced on farms which are duly scored on the score card prescribed by the state commissioner of health not less than twenty per cent, for equipment and not less than thirty-five per cent, for methods. Such milk must be delivered within thirty-six hours, and such cream within forty-eight hours 508 Public Health Law after pasteurization, unless a shorter time is pre- scribed by the local health authorities. The caps or tags on the containers must be white and contain the term " Grade B pasteurized " in large, bright green type, and the name of the dealer. The provisions of this subdivision shall take effect throughout the state of New York, except in the city of New York, on the first day of January, 1916. (iSubd. am'd March 4, 1915 and Oct. 5, 1915.) Grade C raw. No milk or cream shall be sold or offered for sale as " Grade C raw " unless it conforms to the following requirements: The dealer selling or delivering such milk oi cream must hold a permit from the local health officer. Such milk and cream must be produced on farms which are duly scored on the score card prescribed by the state commissioner of health not less than forty per cent. Such milk and cream must be delivered within forty-eight hours from the time of milking, unless a shorter time shall be prescribed by the local health authorities. The caps or tags affixed to the containers must be white and contain the term " Grade C raw " in large red type. Grade C pasteurized. No milk or cream shall be sold or offered for sale as " Grade C pasteurized " unless it conforms to the following requirements: The dealer selling or delivering such milk or cream must hold a permit from the local health officer. Such milk and cream must be produced on farms which are duly scored on the score card prescribed by the state commissioner of health not less than forty per cent. The Sanitary Code 509 Such milk and cream must be delivered within forty-eight hours after pasteurization, unless a shorter time shall be prescribed by the local healtn authorities. The caps or tags affixed to the containers must be white and contain the term " Grade C pasteur- ized " in large red type. The bacterial count herein required shall be made only at county or municipal laboratories or such other laboratories as may be approved by the state commis- sioner of health. In those municipalities where a bacterial count of the milk is, in the opinion of the local health author- ities, impracticable, they may in their discretion grade milk and cream according to the score of the dairies producing it, as prescribed in this regulation, but no such milk shall be designated " certified," " Grade A raw," or " Grade A pasteurized." This regulation shall not be construed to rescind or modify any existing local regulation or ordinance con- trolling the grading of milk or cream established prior to the first day of September, 1914. Regulation 14. Supplementary regulations by local authorities. The health authorities of any municipality may in their discretion increase the stringency of thest regulations or add to them in any way not inconsistent with the provisions thereof. Regulation 15. When to take effect. Every regula- tion in this chapter unless otherwise specifically stated shall take effect throughout the state of New York except the city of NeAV York on the sixteenth day of November, 1914. 510 Public Health Law CHAPTER IV (Adopted June 16, 1914) Midwives Regulation i. License and registration required for the practice of midwifery. On and after the first day of January, 1915, no person, other than a duly licensed and registered physician, shall practice midwifery or use the name or title of midwife unless such person shall be duly registered as a midwife with the local registrar of vital statistics, pursuant to the provisions of section 385 of the public health law, as amended by chapter 619 of the laws of 1913, and unless such person shall have received a license to practice midwifery from the state commissioner of health. Regulation 2. Only licensed midwives to be registered.- On and after the first day of January, 1915, no person not duly licensed as a midwife shall be registered as a midwife by the local registrar of vital statistics. Regulation 3. Registration required after issuance of license and change of address. On and after the first, day of January, 1915, every licensed midwife shall register her name and address with the local registrar of vital statistics within ten days after the issuance of such license and after any change in her address. Regulation 4. Application for license required. On and after the first day of January, 1915, no license to practice midwifery shall be issued unless written appli- cation, sworn to by the applicant, has been made there- for in the form prescribed by the state commissioner of health. Regulation 5. Qualifications required of applicant for license on and after the first day of January, 1915. The Sanitary Code 51] On and after the first day of January, 1915, every appli- cant for a license to practice midwifery must possess the following qualifications: (a) Be not less than twenty-one years of age; (b) Be able to read and write, provided that in cases of persons of foreign birth who have ex- tended experience or in other exceptional circum- stances this requirement may be waived by the public health council; (c) Be clean and constantly show evidence, in general appearance, of habits of cleanliness; (d) Either — ( 1 ) possess a diploma from a recognized school for midwives; or ( 2 ) have attended, under the instruction of a duly licensed and registered physician, not less than fifteen cases of labor and have had the care of at least fifteen mothers and newborn infants during lying-in periods of at least ten days each, and shall present a written statement from said physician or physicians that she has received such instruc- tion in said fifteen cases with the name, date and address of each, case, and that she is reasonably skillful and competent, and (e) Present other evidence satisfactory to the state commissioner of health of her qualifications and of good moral character, vouched for by two reputable citizens. This regulation shall take effect throughout the state of New York, except in the cities of New York and Rochester, on the first day of November, 1915. (As am'd Dec. 18, 1914; Feb. 2, 1915, and Oct. 5, 1915.) Regulation 6. Qualifications required of applicant for license before the first day of January, 191 5. Until the first day of January, 1915, any woman not less 512 Public Health Law than twenty-one years of age, who can read and writo, who is registered as a midwife with the local registrar of vital statistics, and whose moral character is vouched for to the satisfaction of the state commissioner of health by two reputable citizens, one of whom is a minister of a recognized religion, may be licensed by said commissioner to practice midwifery. Regulation 7. Register of licensed midwives; same to be presumptive evidence of right to practice. The state commissioner of health shall cause to be entered immediately upon a register kept for that purpose, the name of every midwife licensed by him. The presence or absence of a woman's name upon said register shall be taken as presumptive evidence for or against her right to practice midwifery. Regulation 8. Length of term of license. Unless revoked, every license to practice midwifery issued by the state commissioner of health on or after the first day of January, 1915, shall permit the holder thereof to practice midwifery for one year from the date thereof. Regulation 9. Revocation of license. The state com- missioner of health may revoke a license to practice midwifery, for cause, after having given the midwife an opportunity to be heard. Regulation 10. Midwives forbidden to use instru- ments, administer or prescribe medicine, or to treat disease. A duly licensed and registered midwife may practice midwifery in cases of normal labor and in no others. No midwife shall in any case of labor use instruments of any kind nor assist labor by any arti- ficial, forcible or mechanical means nor perform version nor attempt to remove adherent placentae nor adminis- ter, prescribe, advise or employ any poisonous or dan- gerous drug, herb or medicine nor attempt the treatment of disease except where the attendance of a physician cannot be speedily secured, and, in such cases, the The Sanitary Code 513 midwife shall secure the attendance of a physician as soon as possible. Regulation n. Supplementary rules and regulations. The practice of midwifery shall be subject to such rules and regulations, not inconsistent herewith, as may be established by the state department of health. Regulation 12. Date of taking effect and territory where effective designated. Every regulation in this chapter, unless otherwise specifically stated, shall take effect throughout the state of New York, except in the cities of New York and Rochester, on the sixteenth day of November, 1914. CHAPTER V (Adopted October 20, 1914) Labor Camps Regulation 1. Pollution of waters prohibited. All persons living in the open or in camps, tents, or other temporary shelters shall exercise every proper and reasonable precaution to dispose of their wastes so that springs, lakes, reservoirs, streams and other water- courses shall not be polluted. Regulation 2. Notice of labor or construction camp to be occupied by five or more persons to be given health officer. Every railroad or other corporation, con- tractor, lumberman or other person who shall establish, construct or maintain any labor or construction camp to be occupied by five or more persons, and the person in charge of any temporary living quarters on wheels or otherwise that shall be provided for five or more workmen, shall at once notify the health officer of the town or village in which the camp or quarters are to be located, by telephone, telegraph or letter, of the pres- ence and location of such quarters or camp. Regulation 3. Health officer to inspect and pass on location and sanitary conditions of camps. It shall be 17 514 Public Health Law the duty of each health officer when notified of the establishment of any camp with temporary buildings, on wheels or otherwise, in his jurisdiction promptly to inspect and determine the propriety of the location of the camp and of its sanitary conditions. If the location or manner of operation of the camp be found by him to be detrimental to the public health he shall cause the camp to be removed or the manner of its operation to be corrected. Regulation 4. Permit required for labor or construc- tion camp to be occupied by more than ten persons for more than six days. No railroad or other corporation, contractor, lumberman or other person shall establish, construct or maintain any labor or construction camp to be occupied by ten or more persons for a period of more than six days without a permit from the local health officer. Whenever any such camp shall be vacated, the person in charge thereof shall forthwith notify the local health officer and surrender to him the permit therefor. Regulation 5. Application required for permit. Ap- plication for such permit shall be made in writing to the local health officer. The application shall state the exact situation of the proposed camp, the type of camp to be established, the approximate number of persons to be maintained, the probable duration of stay, the proposed source of water supply for the camp, and the proposed method of sew- age and garbage disposal. Regulation 6. Conditions of issuance of permit; may be revoked. If the local health officer is satisfied after inspection that the proposed camp will not be a source of danger to the health of others or to its in- mates, he shall issue the necessary permit in writing in a form to be prescribed by the State Commissioner of Health. In case the local health officer declines to issue the The Sanitary Code 515 permit an appeal may be taken to the State Commis- sioner of Health, who may grant a permit. Any such permit may be revoked for cause by the local health officer or by the State Commissioner of Health, after a hearing. Regulation 7. Health officer to be notified of the name of the person responsible for sanitary condition of camp. It shall be the duty of the owner, manager or foreman of a labor or construction camp occupied by twenty or more persons to detail one person who shall be responsible for the sanitary condition of the camp and to notify the local health officer of the name of such person. Regulation 8. Copy of this chapter to be posted. There shall be furnished by the health officer and con- spicuously posted in every camp a copy of this present chapter of the sanitary code or of such parts thereof as may be considered necessary by the State Commissioner of Health. Regulation 9. No building, tent or car in any camp to be nearer than fifty feet of water's edge of public water supply. In every camp or temporary quarters the nearest part of any building, tent, car or shed shall be at least fifty feet in a horizontal direction from the water's edge of any stream, lake or reservoir, except in the case of the Hudson river below the city of Albany, the waters of which are used for a public water supply. Regulation 10. Suitable privy or other toilet facilities to be provided and used. For every camp there shall be provided convenient and suitable privy or other toilet facilities approved by the local health officer, which the occupants of the camp shall be required to use instead of polluting the ground. Regulation n. Construction of privies more than two hundred feet from the water's edge. If such privy be more than two hundred feet from the water's edge of any spring, stream, lake or reservoir forming a part of 516 Public Health Law a public or private water supply, it shall consist of a pit at least two feet deep, with suitable shelter over the same. Xo such pit shall be filled with excreta to nearer than one foot from the surface of the ground and the excreta in the pit shall always be covered with earth or ashes. If the camp is to be occupied for more than six days between May 1 and November 1 the shelter and pit shall be enclosed in fly netting. Regulation 12. Construction and care of privies lo- cated between 50 and 200 feet from the water's edge. If such privy be between 50 and 200 feet from the waters of a spring, stream, lake or reservoir forming part of a public or private water supply, there shall be no pit, but the excreta shall be received in a water- tight tub or bucket and periodically, as often as may be found necessary, shall be taken away and disposed of. Such privy shall be properly screened against flies and kept in a clean and sanitary condition; the pails or buckets shall not be allowed to fill so that they overflow or spill in carrying, and the construction of the privy shall be such that the convenient removal and replace- ment of the tubs or buckets is facilitated. Regulation 13. Disposal of wastes from privies. Th« pails or buckets used in privies located between 50 and 200 feet from the water's edge, as referred to in regula- tion 12, shall when not more than three-quarters filled be removed from the privy and carried at least 200 feet from the water's edge and the contents there either burned or buried in a trench at least two feet deep so that when buried there shall be at least one foot of earth cover. The tubs or buckets immediately after being emptied shall be rinsed out with a suitable disin- fectant as particularly prescribed for such purposes by the special rules and regulations of the State Depart- ment of Health* and the rinsing fluid shall also be emptied into the trench. * See p. 451. / The Sanitary Code 517 Regulation 14. Garbage to be disposed of in suitable manner. All garbage, kitchen wastes and other rubbish in camps shall be deposited in suitable covered recep- tacles which shall be emptied daily or oftener if neces- sary, and the contents burned, buried or otherwise dis- posed of in such a way as not to be or become offensive or insanitary. Regulation 15. Water rules to be observed. When- ever a camp is established on the banks of a spring, lake, reservoir, stream or other watercourse which is a source of water supply protected by water rules formu- lated by the State Commissioner of Health, no bathing or washing by the occupants of said camp shall be allowed in said springs, lakes, reservoirs, streams or other watercourses, and all said water rules shall be strictly observed. There shall be furnished by the local health officer and conspicuously posted in such camp a copy of said rules or parts thereof as may be considered necessary by the State Commissioner of Health. Regulation 16. Location and drainage of stables regu- lated. No stable or other shelter for animals shall be maintained within one hundred feet of any living quar- ters in a camp, nor within one hundred and fifty feet of any kitchen or messroom therein. No drainage from such stable or shelter shall be permitted to empty di- rectly into any spring, lake, reservoir, stream or other watercourse forming part of a public or private water supply. Regulation 17. Camps to be kept and left in clean and sanitary condition. All tents, cars, and buildings in, and the grounds surrounding camps shall at all times be kept and when definitely vacated be left in a clean and sanitary condition. Regulation 18. Person in charge of camp to report cases of disease presumably communicable. It shall be the duty of the person in charge of any labor or 518 Public Health Law other camp to enforce regulation 6 of Chapter II of the sanitary code, reading as follows: " It shall be the duty of every visiting nurse and public health nurse and of the person in charge of any labor or other camp, having knowledge of any person affected with any disease presumably communicable, who by reason of the danger to others seems to require the attention of the public health authorities to report at once to the local health officer, within whose jurisdiction such case occurs, all facts relating to the illness and physical condition of such affected person." Regulation 19. Isolation of cases of communicable disease; cases not to be removed without permission of health officer. Whenever a case of disease presumably communicable shall occur in any labor or construction camp it shall be the duty of the person in charge of the camp immediately to isolate the case. Such isola- tion shall be maintained in a manner approved by the local health officer. The person in charge of the camp shall not allow the case to leave or be removed from such camp without the permission of the local health officer. Regulation 20. Duty to enforce regulations on person in charge. It shall be the duty of the superintendent, foreman or other person in charge of a camp to see that all regulations of this chapter are faithfully observed. Regulation 21. Supplementary rules and regulations. Labor and construction camps shall be subject to such special and supplementary rules and regulations, not inconsistent herewith, as may from time to time be made by the State Commissioner of Health. Regulation 22. Date of taking effect and territory where effective designated. Every regulation in this chapter shall take effect throughout the State of New York except in cities on the first day of January, 1915. The Sanitary Code 519 CHAPTER VI (Adopted December 18, 1914) Nuisances Which May Affect Life and Health Regulation i. Duty of health officer to abate nui- sance likely to affect health; procedure; when and where to take effect. § 1. The local health officer, upon receiving a com- plaint of the existence within his jurisdiction of a nuisance which may affect health, or when the probable existence of any such nuisance comes to his attention, shall make an immediate and thorough investigation, and if such nuisance exists he shall take all measures within his power and authority to secure its abate- ment. § 2. The health officer shall within five days of the receipt of the complaint file with the local board of health: (a) the complaint, if made in writing, or, if not made in writing, a summary thereof; or, if no complaint has been made, a statement of the facts, and (b) a report showing (i) his findings; (ii) his opinion as to whether or not the conditions amount to a nuisance like- ly to affect health; (iii) the action, if any, taken by him; and (iv) whether such nuisance has been abated. § 3. If said report of the health officer states that there is a nuisance likely to affect health which has not been abated, the local board of health shall convene promptly, investigate the alleged nuisance, and take the necessary steps provided by law for its abatement or within a reasonable time from the filing of the 520 Public Health Law health officer's report enter on its minutes its decision giving its reason for not taking action. § 4. Within forty-eight hours after the entry of such decision, the health officer shall forward a copy thereof to the state commissioner of health, together with the original or copies of the papers filed by him with the local board, as required in subdivision 2 hereof. § 5. If, in the opinion of the state commissioner of health, the conditions complained of constitute a nuisance likely to affect health and the abatement or removal thereof is necessary for the public good and for the protection of life and health, the said commissioner may by notice to the presiding officer of the local board of health direct him, pursuant to section 26 of the Public Health Law, to convene such local board to take certain definite proceedings con- cerning which the said commissioner is satisfied that the action recommended by him is necessary for the public good and is within the jurisdiction of such local board of health. § 6. Upon the receipt of such notice from the state commissioner of health, the presiding officer of the local board of health shall promptly convene such local board, which shall take the action directed by the said com- missioner. § 7. This regulation shall take effect throughout the state of New York, except in cities, on the first day of March, 1915. CHAPTER VII (Adopted December 18, 1914) Miscellaneous Regulation i. Spitting in public places forbidden. Spitting upon the floor of public buildings or buildings used for public assemblage, or upon the floors or plat- forms or any part of any railroad or trolley car or ferry boat, or any other public conveyance, is forbidden. The Sanitary Code 521 This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of March, 1915. Regulation 2. Common towel forbidden. No person, firm or corporation owning, in charge of, or in control of any lavatory or wash room in any hotel, lodging house, restaurant, factory, store, office building, rail- way or trolley station, or public conveyance by land or water shall provide in or about such lavatory or wash room any towel for common use. The term " common use " in this regulation shall be construed to mean, for use by more than one person without cleansing. This regulation shall take effect throughout the state of New l^ork, except in the city of New York, on the first day of March, 1915. Regulation 3. Common drinking cups and drinking and eating utensils forbidden. The use of common drinking cups, and of common drinking or eating uten- sils in any public place or public institution, except in hospitals for the insane, or in any hotel, saloon, lodging house, theatre, factory, store, school or public hall; or in any railway or trolley car or ferry boat; or in any railway or trolley station or ferry house ; or the furnish- ing of any such common drinking cup or drinking or eating utensil for common use in any such place is prohibited. The term " common use " in this regulation shall be construed to mean, for use by more than one person without adequate cleansing. This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of May, 1915. (As am'd March 4, 1915.) Regulation 4. Barbers and barber shops. Every bar- ber or other person in charge of any barber shop shall keep such barber shop at all times in a clean and sani- tary condition. No person shall act as a barber who is affected with a venereal disease in the communicable stage or with 522 Public Health Law any communicable disease enumerated in this Code, in an acute form, or with any communicable disease of the skin. The hands of the barber shall be washed with soap and water before serving each customer. Brushes and combs shall frequently be cleansed with soap and water. Shaving mugs and brushes shall be thoroughly rinsed after each use thereof. There shall be a separate clean towel for each custo- mer. The head rest shall be covered by a clean towel or paper. Alum or other material used to stop the flow of blood shall be applied in powdered or liquid form only. After the handling of a customer affected with any eruption, or whose skin is broken out, or is inflamed or contains pus, the hands of the barber shall be immedi- ately disinfected. This shall be done by thorough washing with soap and water, followed by rinsing in alcohol (70 to 80 per cent.) or in a solution of corrosive sublimate (1 to 1,000), or by the use of some equally efficient disinfectant. The instruments used for a customer affected with any of the above named disorders shall be made safe immediately after such use by washing with soap and water and dipping for one minute in a ten per cent, solution of commercial (40 per cent.) formalin; or dipping for three minutes in alcohol (70 to 80 per cent. ) , or by use of some equally efficient disinfectant. No cup or brush which has been used in the shaving of a customer affected with any of the above infectious disorders of the face shall be used for another customer unless the cup shall have been emptied and cleansed by boiling water and furnished with fresh soap, and the brush has been sterilized by a three minutes' exposure The Sanitary Code 523 to alcohol (70 to 80 per cent.), or to a corrosive sub- limate solution (1 to 1,000), or by the use of some equally efficient disinfectant. This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of March, 1915. (As am'd February 2, 1915.) Regulation 5. Manicures and chiropodists. The uten- sils and instruments employed by manicures and chi- ropodists in pursuit of their occupations shall be kept in a clean and sanitary condition. After serving customers affected with a visible skin disease the hands and instruments of the operators shall be immediately cleansed and sterilized. This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of March, 1915. Regulation 6. Copies of regulations 4 and 5 to be posted. Every barber or other person in charge of any barber shop or place where manicuring or chiropody is done shall post a copy of regulations 4 and 5 of this chapter in a conspicuous place therein. This regulation shall take effect on the first day of March, 1915, throughout the state of New York, except in the city of New York and in such cities in which the posting of local regulations in such shops or places is required on January 1, 1915. Regulation 7. Local health officers to file monthly reports with state commissioner of health. Local health officers shall submit monthly reports to the state com- missioner of health on forms to be prescribed by him. The first report shall be due on February 1, 1915. This regulation shall take effect on the first day of of New York, except in the city of New York, on the first day of January, 1915. Regulation 8. Local health officers authorized to per- mit inspection of tuberculosis registers in certain cases. Local health officers are hereby authorized to permit the inspection of the reports of cases of tuberculosis 524 Public Health Law and of the registers mentioned in Section 322 of the Public Health Law by any duly authorized representa- tive of an organization engaged in work for the pre- vention of tuberculosis, who has been approved for this purpose by the state commissioner of health. Local health officers shall keep a record of all persons having access to such reports or registers, stating their names, addresses, and official positions or relations to the state department of health or said organizations. Such persons shall not publish or divulge for publica- tion or communicate to any other person the identity of the persons to whom such reports or registers relate. This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of March, 1915. (Regulation added Feb. 2, 1915.) Regulation 9. Transportation of dead bodies by com- mon carriers. The transportation of dead human bodies by common carriers shall be conducted in such manner as not to be a menace to health and the manner of transportation shall 'be subject to the special adminis- trative regulations of the state commissioner of health.* This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of August, 1915. ('Regulation added May 4, 1915.) QUALIFICATIONS ESTABLISHED BY THE PUBLIC HEALTH COUNCIL The Public Health Council has duly prescribed the following qualifications for Sanitary Supervisors, Health Officers, Supervising Public Health Nurses employed by the State Department of Health, and Public Health Nurses: Sanitary Supervisor: Resolved, That each sanitary supervisor to be appointed pursuant to the provisions of Section 4-a * See p. 443. The Sanitary Code 525 of the Public Health Law, as amended by Chapter 559 of the Laws of 1913, shall possess the follow- ing qualifications: 1. He shall be a physician. 2. He shall, when appointed, be not less than twenty-eight nor more than sixty years of age. 3. He shall either (a) have served as a health officer of a city, town or village having a population of not less than 3,000 persons, for a period of at least four years; or (b) shall have received instruction approved by the Public Health Council, or a duly authorized committee thereof, in sanitary science, includ- ing five hours' instruction per week during the school year, in an educational institution, and shall have had at least two years' experience in public health work; or (c) shall have received a degree, certificate or diploma in public health granted after the completion of a course ap- proved by the Public Health Council, in an educational institution, and at least one year's practical experience in public health work; or (d) shall have submitted proof satisfactory to the Public Health Council, or a duly author- ized committee thereof, that he has actively engaged in some form of public health work for a period of at least two years. (Adopted Oct. 24. 1913.) Health Officers: Resolved, that local health officers appointed after November 1, 1916, shall have the following ' qualifica- tions : I. They shall be graduates of medicine of not less than three years' standing; II. They shall when appointed be not less than twenty-four nor more than sixty- five years of age; 526 Public Health Law III. They shall have complied with one of the following requirements : (a) They shall have taken a correspondence course in public health of one year with at least one week of practical demonstrations in laboratory and field work, both correspondence course and demonstrations, to be approved by the Public Health Council, with examina- tions and a certificate; or (b) They shall have taken a course in pub- lic health of at least six weeks includ- ing practical laboratory and field work with lectures and reading at an educa- tional institution, such course to be approved by the Public Health Coun- cil, with examinations and a certifi- cate; or (c) They shall have submitted evidence satis- factory to the Public Health Coun- cil of special training or practical experience in public health work, with examination if required by the Coun- cil; Provided, however, that under special conditions speci- fied in writing by the local board of health or other appointing power or by the health officer, any of these qualifications may be waived by the Public Health Council. (Adopted July 6, 1915.) Supervising Nurses: Resolved, That supervising public health nurses employed by the State Department of Health shall possess the following qualifications: 1. They shall be registered nurses; 2. They shall submit evidence, satisfactory to the Public Health Council, of training and The Sanitary Code 527 experience of not less than two years after graduation, in one or more of the following lines of work: (a) Maternity work; (b) Infant welfare work; (c) Social service; (d) Tuberculosis work; (e) Care of communicable diseases, and (f) School nursing. 3. They shall be, when appointed, not less than twenty-five years of age. (Adopted April 21, 1914.) Public Health Nurses: Resolved, That public health nurses shall possess the following qualifications: They shall be registered nurses twenty-one years of age at the time of their appointment. (Adopted April 21, 1914.) INDEX Page Acquisition of land 19 Action against city for illegal destruction of property 33 for violations, by commissioner of health 22, 72 violations of water supply rules and regulations. 57 Actions by municipalities to prevent sewage discharge 74 in court maintained by local board of health.... 58 proceedings and authority, state department of health, judicial 11 Acts of intoxicated physicians 409 Administrative rules and regulations: cleansing and disinfection 451 cold storage 445 transportation of dead bodies by common carriers. 443 Admission of patients to hospitals for tuberculosis. 307, 309 to examination, practice of medicine 101 Adulterations 406 foods and drugs 48 wines 53 Agricultural law, extracts from 267 Almshouses, removal of inmates 36 tuberculosis hospitals 311 Analyses made on request of health officer or physician. 15 Analysis of spirituous, fermented or malt liquors 51 Animals, certificate of appraisal 293 communicable diseases of, to be reported 284 compensation for slaughter (foot and mouth dis- ease or anthrax) 295 compensation of owners of 293 diseased, appraisal of 292 post mortem examination of 293 regulating importation into state, etc 284 suppression of communicable disease among 28S Annual report, commissioner of health 19 sewer commissioners, village 442 Annual sanitary survey, local health officer 32 Annulment of registry, practice of medicine, causes. . 105 Appointive members, public health council, qualifica- tions 9 Appointment, certificate, oath, state board of medical examiners 99 commissioner of health and deputy 8 health officers 24 local boards of health 23 [529] 530 Index Page Apprentices, drug stores and pharmacies 152 undertakers 187 Approval of plans, county tuberculosis hospitals 300 school buildings , 337 sewage disposal plants 68 sewer system, town 418 sewer system, village 434 Ashes and garbage, disposition of, certain towns 429 villages ,. . . .■ 432 Assessment for construction of sewer systems, towns.. 420 villages 438 Attendance officers for schools 338 Attorney-General, approval and enforcement, order to discontinue pollution 67 enforcement of vital statistics law 260 Autopsies, regulation and control 16 Baptismal certificate, employment of children 376 Bathing establishments, sanitary condition of 190 Beds and ventilation, in institutions 204 Birth certificates, attested, employment of children.... 376 certified, evidence of age 260 information required 256 Births, registration 255 supplemental report of given name 257 Births and deaths, certified copies of records 262 health officer to secure prompt and full registration. 33 registration 246 Board of embalming examiners 184 Board of examiners for nurses, appointment 172 Board of managers, county tuberculosis hospital 301 Board of sewer commissioners, village, may establish, extend and maintain sewer system 434 Board of supervisors, power to establish county tuberculosis hospital 298 Board of trustees, meetings of 431 Bodies, interred, record by local registrar 250 from institutions, retained for relatives 205 Bovine tuberculosis, branding, etc 281 Boylan I^aw, see habit-forming drugs. Buildings, cleanliness, mercantile establishments 383 damages for removal 61 Bureau of veterinary service, Department of Agri- culture 290 Burial permit, duties of registrar 261 interment within State 254 Index 531 Burial permit — continued Page required 24.9, 254 subregistrar may issue 248 undertaker to obtain 253 Business and manufacture, certain kinds prohibited in cities, exceptions 47 Business Law, illuminating: oils, tests 345 Butter, defined 267 Cadavers 205 in certain counties 207 Camps, in towns, for pulmonary tuberculosis 210 Canal ice, to be marked 406 Canals, overflow of water from 17 Cancer, State institute for study of malignant disease. 237 Carriers of typhoid fever, care and maintenance 46 Carriers of typhoid, diphtheria or other infectious disease, commitment 217 Cemeteries, regulating interments in 254 third class cities, interments in 34 Certificate of birth, see birth certificates. of death, see death certificates, of examination and quarantine, to be filed with commitment papers of children 203 Certified milk, sale regulated 270 Chemicals, careless distribution of 406 Child, supplemental report of given name 257 unlawfully omitting to provide for 390 Children employment, distributing newspapers 374 employment certificate 376 employment in mercantile establishments 372, 376 in basements 38S examination and quarantine, institutions 202 in factories, physical examination of 369 neglect to report reddened or inflamed eyes 390 Chiropody 174 Cholera, cities of first class, to be reported 35 Cities, certain kinds of business prohibited 47 commissioner of public safety and police authorities to obey regulations in the matter of rabies 288 local boards of health 23 first class, health officials to report certain diseases , 35 City board of health, appointment of member in exam- ination of nuisance IS City clerks, to issue marriage licenses 328 duty in the matter of marriage licenses 329 records of marriages to be kept by 332 532 Index Page City of New York, protection of water supply 56 Civil penalty 21 Cleansing and disinfection, special rules and regula- tions 451 after tuberculosis 214 Cocaine, or eueaine, regulating sale or possession 396 Cold storage, commissioner of health may adopt rules and regulations and appoint inspectors 229 definitions 225 fee, license 226 food to be apparently pure and wholesome when offered for storage 225 food to be condemned 229 food to be marked . 225 food not to be returned to storage 230 food not to be sold without representing said fact. 230 license to be secured 226 regulations, Department Foods and Markets 473 rules and regulations 445 time food may be kept in storage 227 transfers from one warehouse to another 230 violations 230 warehousemen's reports 229 Commission to negotiate transfer of Quarantine Station to United States 80 Commissioner of Agriculture, to condemn insanitary cans and receptacles 278 rules and regulations, diseases domestic animals.. 288 penalty for violation 290 Commissioner of Health 8 acquisition of land 19 action, violations rules for protection water supply. 58 actions for violations 72 adulterations, foods and drugs, duties 50 report to district attorney 55 analyses, water supplies, state institutions 20 analysis, spirituous, fermented or malt liquors 51 annual inspection state institutions 20 annual report 19 appoint deputy commissioner 8 directors of divisions 12 embalming examiners 186 inspectors 233 public health nurses 13 sanitary supervisors 13 Index 533 Commissioner of Health — continued Page appointment 8 approve federal order blank, habit forming drugs.. 167 regulation >, 170 form of report, procedure and precautions, tuberculosis 220 maps and plans village sewer system 434 plans for state institutions 20 county tuberculosis hospital \ 298 additions, alterations, improvements 300 questions for embalming examinations 185 removal local health officer 24 rules and regulations, transportation of the dead 185 vaccine virus 199 audit statement of expenses for relief of indigent Indians during epidemic 46 of carriers of disease 47 authority to investigate irregularities or violations of vital statistics law 266 autopsies, regulation and control 16 certify to municipality amount due registrar 262 cold storage, license, inspection 226 may seize and condemn food 229 powers 227 reports of warehousemen 229 rules and regulations 445 condemnation proceedings 19 consent required, establish tuberculosis hospital or camp 210 consolidate health districts 24 convene local board of health for public good 37 county tuberculosis hospital, approve plans 300 duties in respect to adulterations, foods and drugs. 50 hospitals for contagious diseases . .. 15 laboratories 15 employment of experts 18 public health nurses 14 enforcement, tenement law, cities 20 vital statistics law 246 establish laboratories 15 sanitary districts 13 examination into nuisances 16 to determine whether sewage pollution exists.. 75 examinations and analyses 15 and surveys 13 534 Index Commissioner of Health — continued Page fees, vital statistics 262 food, preparation and service 232 full power 21 furnish tuberculosis statement and report blanks for all physicians 220 blanks, forms and instructions for registration of births and deaths 259 record books for registrars of vital statistics.. 261 general powers and duties 12 hospitals for contagious diseases, duties 15 for tuberculosis, approve site 211 Indians, relief of, in case of epidemic 45 inform registrars diseases considered communi- cable, etc 260 inspection, county tuberculosis hospital 311 public places where food is prepared, served or sold 232 schools, commissioner of education to consult. . 342 shellfish grounds 296 state institutions 20 water supplies 57 investigations ordered by governor 17 jurisdiction over lands for sanitary purposes 13 laboratories, establishment 15 land, acquisition 19 local health officer, failure municipality to appoint. 19 board, notice to convene to take action for public good 37 mandamus 47 maps and plans, sewer system, village, approval.. 434 may request attorney general to assist in enforce- ment vital statistics law 266 member public health council 9 member board of trustees, State Institute for Study of Malignant Disease 237 notified, membership, and organization, local board of health 24 violations of water rules 58 nuisances, examination into 16 order discontinuance water pollution 66 local board to convene to enforce obedience to water rules 58 overflow of water from • canals 17 Pasteur Institute, open to inspection by 231 petition for establishment tuberculosis hospital 210 Index 535 Commissioner of Health — continued Page permit for sewage discharge 65, 68 to discharge refuse or waste matter from industrial establishments 68 plans, county tuberculosis hospital 300 state institutions '. 20 refuse discharge pipes 69 removal or disposal of sewage 74 sewage discharge and disposal plants 68 power, where local board fails to appoint health officer 19 powers and duties, general 12 exception city of New York 12 prescribed form, burial or removal permit 254 prescribed methods of making ear and eye tests in schools 342 tests for illuminating oils 345 prescribe and prepare necessary methods and forms for recording autopsies 16 public health nurses, appointment 14 public works, examination and inspection 18 qualifications 8 recommend for license by board of embalming examiners 187 regulation, approving federal order blanks, drugs. 170 regulation and control of autopsies 16 regulations of public health council to be sent to health officers 10 removal of local health officer 24 report to district attorney, adulterations, food and drugs 55 violations of vital statistics law 265 reverse or modify order, local board of health.... 13 revocation permit, sewage discharge 70 rules and regulations, cleansing and disinfection.. 451 cold storage and refrigerating warehouses. ... 445 transportation of dead 443 protection potable water supplies 56 salary U samples of liquoirs to be furnished 52 sanitary districts, establishment 13 supervisors, appointment 13 qualifications 522 service of notice for violations 72 sewerage 60 shellfish grounds, inspection 296 536 Index Commissioner of Health — continued Page state institutions, inspection 20 water supply, analyses 20 subpoenas, issued by 13, 227 tenement house law, enforcement 20 term of office 8 tuberculosis hospital or camp, approval of site, town 210 statement and report blanks furnished all physicians 220 vaccination reports 199 vital records, furnish certified copies 262 statistics, blanks and forms furnished 259 enforcement of provisions 265 preserve records 260 water supplies, state institutions, analyses 20 see also state department of health. Commissioner of Labor, may call upon state and local boards of health 363 Commissioner Water Supply, Gas and Electricity, New York city 56, 60 Commitment, dangerous and careless patients 217 dangerous insane persons 360 habitual drug users, procedure 168 inebriates 389 insane, temporary 352 compensation and expenses, health officer 363 duties of health officer 355 state commission to advise local health officer.. 350 Communicable disease, control of dangerous and care- less patients 217 duty of local health officer 232 exposing persons affected with 408 see also infectious and contagious diseases and chapter II sanitary code. Communicable diseases of domestic animals I'M regulations by Commissioner of Agriculture 288 fines and penalties 290 Compensation, animals slaughtered 295 and expenses, local health officers 29,353 officers and employees, state department of health.. 11 public health council 9 Compulsory school attendance 344 penalty for noncompliance 344 Condemnation, food, cold storage 229 Index 537 Page Condemnation proceedings 19 property, local board of health, villages 32 for sewer systems, villages 437 towns 419 for tuberculosis hospital, county 299 Confectionery, adulterations 48 Conferences, health officer to attend 32 Conservation commission, approve plans for sewage disposal 297 Conservation law, river improvement 297 sewage disposal as affecting potable waters 297 shellfish grounds, inspection 296 Consolidated health district 24 Construction, sewer systems, villages, expenses 440 Contagious disease, person affected, in public place.... 408 public schools 340 Contract for construction sewer systems, villages 437 with other municipalities, sewers 441 Coroners inquest 252 Corpse, see cadaver. Council, public health, see public health council. County clerk, marriage records to be kept by 333 distribute books and forms 333 proof of publication of water rules 56 record of permit to discharge refuse and wastes.... 68 to discharge sewage 67 register of chiropodists 180 resolution condemning property for tuberculosis hospital 299 County hospitals, tuberculosis, admission of patients from county in which hospital is located 307 from county not having hospital 309 at almshouses 311 board of managers, appointment 301 powers and duties 302 establishment 298 maintenance of patients from county in which hospital is located 308 from county not having hospital 310 plans approved by commissioner of health 300 superintendent, powers and duties *305 visitation and inspection 311 County Law, extracts from 298 superintendent of poor, may remove inmates of almshouse 36 538 Index Page County tuberculosis hospitals, see county hospitals, tuberculosis Cow, keeping in crowded or unhealthy places 389 Cows, care and feed, and keeping of produce from 260 Damages, action against city, village or town 32 removal of buildings 59 Dead, transportation of, rules and regulations 443 approved by department 184 Death, causes, strictly defined 250 certificate, information required 250 regi stration 246 stillbirth registered as 249 without medical attendance, registration 252 Defective registration, correction 248 Definition, adulterated milk 267 adulterations, foods and drugs 48 butter, cheese, etc 267 cold storage 446 warehouse or refrigerating warehouse 446 food 48, 225 drug 48 half wine and made wine 54 municipality 24 nuisance 233 pure wine 53 sewage 67 Dentistry, practice of 113 Department of health, see commissioner of health. Deputy commissioner of health 8 authorized to hold hearing on tuberculosis hospital site 210 salary 11 Deputy registrar, vital statistics 248 Detention, insane persons 350 Diphtheria control of dangerous and careless patients, commitment , 217 Directors, divisions, state department of health. 12 qualifications 10 Discharge of sewage into certain waters prohibited 64 into Susquehanna river prohibited 64 into Wallkill creek prohibited 64 penalties . % 73 revocation of permit 70 Diseased animals destroyed, compensation of owners.. 293 Disinfection of premises 214 Index 539 Page District Attorney, charged with enforcement statute requiring iron stairways on outside of hospital buildings 223 proceedings, adulteration of drugs 55 violations of vital statistics law 265 Divisions, state department of health 12 Docks and wharves, quarantine 77 Documentary evidence, employment of children 100 Domestic animals, communicable diseases of 284 Domestic relations law, see marriages. Dormitories ; beds, ventilation 204 Drainage, removal mosquito breeding places 37 law, extract from 335 Dressing rooms, mercantile establishments 384 Drinking water, mercantile establishments 383 Drug, denned 48 Druggist, registration fee 152 requirements for examination 148 Drugs, adulteration 48, 155 habit-forming 163 labeling poisons 156 misbranding and substituting 155 omitting to label, or labeling wrongly 394 samples to be furnished 52 Drug stores, or pharmacies *. 150 apprentices and employees 152 sleeping apartments, rules of local board of health 153 working hours 153 Drug users, habitual, commitment , 168 Duties, commissioner of health, general 12 deputy commissioner of health 8 local board of health 28 local health officer 32 see also health officer, duties. public health council 9, 10 nurses 34 sanitary supervisors 13 undertakers 253, 254 Ear and eye tests, pupils of public schools 342 Education law, compulsory school attendance 344 penalty for noncompliance 344 contagious disease in public schools 342 ear and eye tests, pupils in public schools 342 enforcement 343 540 Index Education law — continued Page health certificate, pupils public schools 340 return after illness 342 medical inspection, pupils of public schools 341 inspectors, employment 339 school authorities, duties as to enforcement 336 state medical inspector of schools 343 Embalming, commissioner of health to approve rules board 184 examination questions 185 examiners, appointment 185 recommend for license 187 records of examination 186 time and place of examination 185 Embalming: and undertaking;, practice of 183 illegal practice of 409 Eminent domain 18 Employees, state department of health, compensation. . 11 working hours, sleeping apartments 154 Employer, report apparent cases of tuberculosis to health officer 213 Employment certificate, contents 368, 379 how issued 376 minors 364 Employment certificates. local board of health to be advised of revocation.. 369 record to be transmitted to commissioner of labor 369,380 school record, contents 379 to be furnished 36S Employment of children, see labor law. Employment of local boards of health and experts . . 18 minors in factories 364 public health nurses 14, 34 women and children, mercantile establishments.. 372 in basement 388 Establishment hospital for contagious diseases 15 for tuberculosis, in a town 210 laboratories 15 Eucaine, sale 396 Evaporated or condensed milk, regulations 273 Examination, monthly, inmates, reports 203 of sputum 214 and inspections of public works 18 and quarantine, children admitted to institutions. 203 into epidemics among Indians 43 Index 541 Examination — continued Page into nuisances, by commissioner 16 by experts 18 of water pollution, state department of health.. 74 requirements, dentistry 117 druggist 148 pharmacists 147 questions, board of embalming examiners 185 chiropody, prepared by medical examiners 174 Examinations, admission, veterinary medicine and surgery 134 and analyses, state department of health 15 and surveys, by commissioner of health 13 board of embalming examiners 185 optometry 192 physical, of children in factories 369 practice medicine, admission 101 registered nurses 152 waiver 173 state board of pharmacy 147 Expense of abatement of nuisance 16, 41 a lien upon premises 42 of removal of mosquito breeding places 38 of seizure of adulterated wine, county charge 53 of publication of water rules 57 Expenses, commissioner and deputy commissioner. ... 11 consolidated health district 26 dangerous and careless patients, care and mainte- nance 217 disease carriers, care and maintenance 46 disinfection, cleansing or renovation after tubercu- losis 215 employment medical school inspectors 339 examination by state department to determine sew- aga pollution 74 incurred by commissioner in correction of defective registration 248 when local board of health fails to appoint health officer 19 local board of health 45 health officer in attending conferences 34 in care of insane 353 in smallpox cases 29 Pasteur treatment 231 public health council 9 relief of indigent Indians in case of epidemic 45 542 Ixdex Expenses — continued Page sewers in villages 31 typhoid carriers, care and maintenance 46 Experts, employment by commissioner of health.... 18 Exposing person affected with contagious disease. . . . 408 False or assumed name, practice of medicine under. . Ill Fat tests, composite samples of milk 270 Federal order blanks, habit-forming drugs, regulation approving 170 Fee, certified copy of record 262 chiropodist 174 filing, with delayed certificate 262 license to operate cold storage or refrigerating warehouse 226 prohibited, burial or removal permits 249 registration physicians, midwives and under- takers 258 undertaker 187 Fees, for reporting births and deaths 262 communicable diseases 35 registered nurses 172 sewer commissioners, town, appointed by county court 423 village, appointed by county court 440 Filing, with board of health, 3rd class city, resolution regulating interments in cemeteries 34 with commitment papers, certificate of examination of child admitted to institution 202 with coroner, copy of record of autopsy 16 with county clerk, proof of publication, water rules 57 record permit to discharge refuse or wastes.. 69 to discharge sewage 68 resolution condemning property for county tuberculosis hospital site 299 with examination papers, report of effect of opera- tion for prevention of procreation 242 with secretary of state, regulations of sanitary code 10 regulations and declarations regarding adultera- tions 50 report of examination of nuisance 16 Filing, with state commissioner of health: maps and plans, sewer systems 418, 434 petition for hearing on tuberculosis hospital site 210 report of sewage discharge, evidence of exemption.. 70 of discharge of refuse or wastes, evidence of exemption 71 report to secure exemption, discharge of sewage, etc 64 Index 543 Filing: — continued Page request that petition for approval tuberculosis hos- pital site be referred to board 212 transcript of autopsy record 16 with state commissioner of labor, results of physical examination of minors 370 with town clerk : •annual statement, sewer commissioners 425 appeal from apportionment 422 apportionment of assessment for sewer construc- tion * 421 for maintenance sewer system 423 contract for sewer construction 419 map and plan, sewer district, ' or extension 420 sewer system, amended 418 official undertaking, sewer commissioners 418 petition, sewer system 414 reapportionment, assessment for sewer construction 423 report of sewer commissioners regarding improve- ments 428 Filing, with village clerk: annual report sewer commissioners. 442 appeal from apportionment 439 apportionment of assessment 438 map and plan, sewer system 435 assessments 438 Fines and penalties, violations regulations of Commis- sioner of Agriculture 290 Fire escapes, for hospitals 223 Food, adulterations 48 cold storage, condemnation 229 marked 225 penalties 230 return after release prohibited 230 sale prohibited, unless so represented 230 time kept in storage 227 to be apparently pure and wholesome when received for storage 225 transfer prohibited 230 defined 48 disposing of tainted 407 preparation and service 232 penalties 233 powers of commissioner of health 232 wilfully poisoning 4fl£ 544 Index Page Foods and drugs, adulterations denned 48 reports of violations 55 samples to be furnished 52 Gas tar or refuse in public waters 408 General business law, extracts from 193 Given name, supplemental report 257 Governor, approve publication list of articles exempt from provisions as to adulterations 50 may require examination into nuisances 17 may require examination regarding tenement houses, cities 20 Grocery or provision stores, working hours and sleep- ing apartments, male employees (1st class cities).. 154 Habit-forming drugs 163, 171 certificates 165 commissioner may approve federal order blanks.. 167 commitment, procedure, discharge 168 exceptions, sale 163 filling orders 164 hypodermic syringe, needle 167 labeling 165 licenses revoked, for addicted use by physicians, etc 169 order blanks 166 penalties 170 physician to keep records 167 prescriptions, information required 164 prescriptions, filled but once 165 issued only after physical examination of patient 164 proprietary remedies and liniments excepted 163 regulation approving federal order blanks 170 sale prohibited 163 Half wine, defined 54 packages, how stamped and labeled 54 Health certificate, pupils of public schools 340 Health law, and sanitary code, enforcement by health officers 33 Health laws, wilful violation 394 penalty 396 Health officer, appointment 23 authority to cause all reported cases tuberculosis to be visited by nurse 221 employ necessary persons to carry into effect orders of board 30 employ public health nurses 34 Index 545 Health officer — continued Page commissioner of health to act, where board fails to appoint 19 compensation and expenses 29 in care of insane 353 in smallpox 29 consent required for establishment tuberculosis hos- pital or camp 210 copy of determination of board on tuberculosis hos- pital site 212 duties 32 annual sanitary survey 32 ascertain whether tuberculosis cases have been reported 213 Health officer, duties prescribed by board 28 attend conferences 33 adulterated wines, seize and destroy 53 direct disinfection, cleansing or renovation after case of tuberculosis 215 enforce provisions of public health and sani- tary code 33 furnish physicians with requisition blanks for tuberculosis supplies 221 guard against introduction of communicable dis- eases 35 in regard to insane 355 investigate cause of death occurring without medi- cal attendance 252 complaint, dangerous or careless patient or carrier 217 issue order for fee to physician reporting tuber- culosis 220 keep tuberculosis register 214 maintain continuous sanitary supervision over district 32 perform duties imposed upon physicians under tuberculosis law 219 prohibit carelessness of person having tuberculosis. 217 promote spread of information regarding prevalent communicable diseases 32 promptly report on sputum examination, free of charge 214 record reports of recovery of tuberculosis patients 222 report communicable diseases to state department of health 36 18 546 Index Health officer — continued Page report smallpox, typhus, yellow fever, cholera (1st class cities) 37 violations of tuberculosis law by physicians.. 213 violations of insanity law 350 require physicians to take additional precautions when necessary, tuberculosis 221 sanitary inspection, school buildings and places of public assemblage 32 secure prompt and full reports of communicable diseases 32 registration of births and deaths 33 sue for recovery of penalty, violation of § 316-317 cadavers , » 205 supply materials for tuberculosis patients 221 take samples when seizing milk 52 transmit circular on tuberculosis to physician reporting case, or to patient 222 procedure and precautions blank to physician reporting case 220 Health officer, eligible for appointment as registrar. . 247 liable to penalty, seizure of milk 52 may placard premises prohibiting occupancy 216 receive additional compensation for vaccination 199 not subject to suit 33 not to divulge identity of person having tubercu- losis 36 notified of deaths or removal of case of tuber- culosis 214 of deaths occurring without medical attendance 252 obstruction of, in performance of duties, misde- meanor « 394 removal 24 report to, discharge of patient committed under § 326-a 218 report to, concerning sore eyes of infant 390 reports, infectious and contagious diseases 36 reports, presumptive evidence 33 reports to, concerning cases of tuberculosis 212 health officer, port of New York 81 Hearing on apportionment, sewer system, towns 420 appeal from 422 apportionment, sewer system, village 438 appeal from 439 construction of sewers wholly at expense of prop- erty benefitted 436 Index 547 Hearing — continued Page interments in cemeteries, third class cities 34 order to discontinue pollution of water 66 petition for approval of site, tuberculosis hospital or camp 210 revocation of permit to discharge sewage, refuse or wastes 70 violation of section 76, or of permit 72 Highway, noisome or unwholesome substance placed in 408 Hospitals, contagious diseases, duties of commissioner 15 county, see county hospitals. fire escapes 223 like privileges to matriculated students of medical colleges 223 tuberculosis, In towns, site to be approved 210 Hotel or lodging house keeper, to report infectious or contagious diseases to health officer 36 Hotels, bedding 244 cleanliness in preparation and service of food 232 sanitary condition, enforcement 244 sewers and drainage 244 Hours of labor, messengers 374 women 372 Householder, to report infectious or contagious diseases 36 Hydrophobia, persons sent to Pasteur institute 231 expenses of treatment 231 Hypodermic syringe and needle 167 Ice, canal 406 Illuminating oils, tests 345 Indians, indigent, relief in case of epidemic 45 Industrial establishment, penalty for discharge of sew- age without permit or report 73 permit to discharge refuse from, plans to be sub- mitted 69 Industrial poisonings, to be reported 363 Inebriates, commitment of 362 Infant, reddened or inflamed eyes, to be reported.... 390 Infectious or contagious diseases), reporting 35 in workshops 44 see also sanitary code, chapter II. Infectious or communicable diseases, animals, report- ing, etc 288 Injunction, nuisance 234 permanent 236 violation 236 restraint by local boards of health 28 548 Index Page Inquest, coroner 253 Insane, compensation of health officer in commitment. . 353 dangerous, commitment of 360 duties of health officer in regard to 356 health officer to advise as to detention and report violations 350 inebriates, commitment to private institutions.... 362 temporary commitment 352 Inspection, hospitals for contagious diseases 15 Pasteur institute 231 potable water supplies 57 public places and institutions, service of food .... 232 Inspection, public works 18 sewage discharge, to detect violations 72 shelfish grounds 296 Inspections, monthly, at certain institutions for children 203 Inspector, not subject to suit 33 Inspectors, cold storage, commissioner of health may appoint 227 access to books of warehousemen 451 condemnation of food unfit for use 440 kitchens, commissioner of health may appoint. . . . 232 sewer systems, villages 438 written reports presumptive evidence of facts.... 33 Institutions, beds ; ventilation 204 cleanliness in preparation and service of food.... 232 examination and quarantine of children admitted.. 202 monthly examinations, reports 203 registration of persons in 258 reporting cases of tuberculosis in 212 Interments 254 in cemeteries, regulating 34 Jurisdiction, commissioner of health, over state lands for sanitary purposes 13 town boards of health 44 Justice of supreme court, to approve incorporation maternity hospitals, etc 390 Kitchens, commissioner of health may inspect 232 Labeling drugs, medicines, etc 156 habit forming drugs 165 ice from canal, or widewaters of canal 406 poisons wrongly, or omitting to label, drugs, etc. 394 Labor law, employment certificates of children 376 children in mercantile establishments 376 women in mercantile establishments 372 Ixdex 549 Labor Laws — - continued Page enforcement of article 12 388 hours of labor, messengers 374 minors and women 372 industrial poisoning 363 laws to be posted in mercantile establishments.. 389 local boards of health, advised of revocation of employment certificates 369 industrial poisoning, enforcement 363 powers and duties, tenement made articles.... 371 transmit records employment certificates 369 mercantile establishments, cleanliness 383 employment of children 376 employment of women 372 registry of children employed 381 minors, employment certificates 364 in factories, employment 364 school record furnished department of health.. 368 newspapers, employment of children in carrying and distributing 374 physical examination of children in factories 369 registry of children employed in mercantile estab- lishments 381 Laboratories, establishment 15 Land, acquisition 19 sanitary purposes, jurisdiction of commissioner of health IS Laterals, town sewer systems 427 contract for construction 428 License, chiropody 179 cold storage 226 druggist, displayed 152 examination, veterinary medicine and surgery.... 135 fee, cold storage 226 marriage, required 327 milk gathering stations 274 pharmacist, displayed 152 practice as undertaker 1S7 prohibited, peddling farm produce, city 34S town 411 village 433 Licenses, marriage, town and city clerks to issue 328 physicians, etc., revoked for addicted use drugs.. 169 revocation, practice of dentistry 125 Licentiates, practice of dentistry 116 Lien upon premises, abatement of nuisance 42 550 Index Page Liquors, adulterations 51 Local board of health: additional compensation to health officer for vac- cination 199 advised of cancellation of employment certificates.. 370 workshop in tenement house 43 allow expenses of health officer attending confer- ence 29 appoint local health officer 23 registrar of vital statistics 47 ascertain violations or noncompliance, § 76-a 72 assess expense upon property benefited by removal of mosquito breeding places 38 bathing places, sanitary condition 200 city, may appoint member to assist in examination nuisance 18 resolution regarding interments in cemeteries filed with 34 first class, to report smallpox, typhus, yellow fever and cholera 37 commissioner of health may reverse order or reg- ulation 13 commissioner of labor may call upon, for assis- tance 363 compensation and expenses local health officers.. 28 complaints regarding nuisances, receive and ex- amine into 37 condemn and destroy infected articles made in worshops 44, 371 convened to take action directed by commissioner of health 37 copy permit to discharge refuse or wastes, to be transmitted 69 sewage, to be transmitted 68 designate place of removal, inmates of almshouse.. 36 disinfection, cleansing or renovation after tubercu- losis 215 employment certificates 364, 376 women and children in basements 388 enforce laws relating to sanitary conditions in hotels 244 reporting of tuberculosis 213 water rules and regulations 59 enforcement of provisions of labor law 388 entpr premises to remove or suppress nuisance.. 41 Index 551 Local board of health — continued Page establish quarantine 35 examine into alleged sewage disposal Susquehanna river 64 expenses, how paid 45 extermination breeding places of mosquitoes 37 failure to appoint health officer 19 forfeit to, for violations 64, 207, 210 furnish commissioner of labor, information regard- ing communicable disease or insanitary con- ditions in tenement houses 371, 381 order blanks, habit forming drugs 166 general powers and duties 28 guard against introduction of infectious diseases.. 35 health officer, chief executive officer 28 compensation and expenses 29 additional, vaccination 199 immediate expenditures money, abatement of nuis- ance, authorized 41 Industrial poisoning, enforcement 363 infected premises, may require purification and cleansing 35 inspectors, workshops in tenement houses 44 investigate complaints management institutions for children 204 issue employment certificates 364, 376 subpoenas and warrants 30 jurisdiction, town boards 44 license, maternity hospitals, etc 390 lunch rooms in mercantile establishments. 387 maintain actions < 30 mandamus 47 maternity hospitals, license.. 390 meetings 24 membership and organization 23 minors, employment certificates 364, 376 notice of workshop in tenement house 44 notify commissioner of agriculture, existence of communicable disease of animals 285 nuisance, examined 37 notice from state department to abate 37 removal 41 orders and regulations 29 permit, ventilation, institution for children 204 workshop in tenement house 44 permits, sewage discharge, record 71 552 Index Local board of health — continued Page powers and duties as to sewers 31 prescribe duties, local health officer 28 penalties 30 protect tuberculosis records 214 provide circular of information regarding tubercu- losis 222 vaccine virus and vaccination 36 vaccination of school children 198 publication orders and regulations 29 quarantine, right to establish 35 record, permits and inspections discharge sewage, refuse or wastes 71 register of children employed, open to inspection.. 381 reports to state department of health, organization and membership 24 municipal authorities 70 restraint by injunction 31 right of entrance, to ascertain sewage discharge 72 mercantile establishment 388 suppress or remove nuisance 41 sale of property to satisfy lien 42 samples to be furnished for analysis 52 special meetings 28 transmit, commissioner of labor, record of employ- ment certificates 369, 380 vaccine and vaccination to be provided 36 vaccination of school children 198 ventilation, institutions for children 204 violation or noncompliance to be reported 72 wilful violation of lawful order a misdemeanor 394 Lunch rooms, mercantile establishments 387 Made wines, denned 54 Maintenance of patience, county hospital, from county. . 308 from county not having hospital 310 Mandamus 47 Manufactures in tenement houses and dwellings, permit 43 Maps and plans, sewer systems, towns, approval 418 villages 434 Marriage, a civil contract 325 after divorce 324 by whom solemnized 325 clergyman or officer, when protected 332 violating article, penalty 332 duty, town and city clerks 329 Index 553 Marriage — continued Page effect, of parents of Illegitimates 334 false statements and affidavits 331 forms and books to be furnished 333 how solemnized 327 incestuous and void, defined 322 penalty for violation 334 presumptive evidence 334 records to be kept by county clerk 333 town and city clerks 332 solemnizing unlawful, and unlawful solemnizing of. 392 void, defined 323 voidable, defined 323 written consent required 329 Marriage certificates 333 Marriage licenses 327 town and city clerks to issue 328 when to be obtained 335 Marriage records, transmitted to state department of health 333 Maternity hospitals, establishment .'.00 Medical certificates, registration of deaths 251, 252 colleges, privileges of students in hospitals 223 inspection, public school pupils 339-342 inspectors, public schools, employment 339 Medicine, practice of 97 veterinary, and surgery 131 Medicines, careless distribution of 406 Meetings, public health council 9, 11 town board 410 Members, city hoard of health, apipointment 23 Mercantile establishment, cleanliness of buildings 383 cleanliness of rooms 383 dressing rooms 384 Mercantile establishments, drinking water 383 laws posted in 389 local health authorities to enforce provisions 388 lunch rooms 387 registry of children employed 381 seats for women 387 ventilation 386 washrooms and washing facilities 384 water closets 384 women and children, employment 372 in basements 388 Messengers, hours of labor 374 554 Index Page Midwif e, birth certificate filed by 255 failure to report sore eyes of infants 390 register with registrar 258 see also sanitary code, chapter IV. Milch cows, feeding unwholesome food 389 kept in insanitary places 389 Milk, adulterated, defined 267 branded cans, etc., registered 272 not to be sold 271 care and feed of cows and keeping of produce from. 269 fat tests of composite samples 270 feeding food producing unwholesome milk 389 keeping cow in crowded or unhealthy places 389 penalties under Agricultural Law 280 penalty for delivery adulterated milk 270 Milk, receptacles not to be used for other purposes than for milk or cream 272, 279 to be cleansed before returning 278 regulations reevaporated or condensed 273 sale regulated 269 seizure of 52 tuberculin testing of cattle 281 unclean receptacles and places for keeping 274 unclean cans and receptacles condemned 278 see also sanitary code, chapter III. Milk gathering stations, license required 274 records required 275 sale of cream 276 Minors, employment, in factories 364 certificates, see labor law. school record, furnished local department of health. 368 Mosquitoes, expense of removal of breeding places 37 Nassau county commission 314 Suffolk county commission 312 Municipal authorities, report to local board of health.. 70 law, workshops in connection tuberculosis hospital. 349 Municipality, bear part of expense suppression of mosquitoes 39 construct and maintain sewer system 60 definition 24 enact sanitary regulations 11 Municipalities, action to prevent sewage disposal 74 Narcotics, having in possession 407 Nassau County Mosquito Exterminating Commission... 314 New York City excepted 47 from provisions of tuberculosis law 223 Index 555 ?age New York State Nurses Association 172 Veterinary Medical Society 132 Newspapers, employment of children in carrying or distributing: 374 Notice, service of: by sewer commissioners, apportionment of assess- ment for sewer system, town 420 village 438 by health officer, prohibiting carelessness of per- sons having tuberculosis 217 hearing, construction of sewer wholly a- expense of property benefited 436 order to discontinue pollution of waters 66 revocation or modification, permit to discharge sewage, refuse or wastes 70 tuberculosis hospital petition 210 violation of § 76 72 upon owner of property sold to satisfy lien 42 taken by county for tuberculosis hospital 299 regarding construction of laterals in same dis- trict 427 of meeting -"or reapportionment 439 upon person or corporation owning or controling cemetery 423 third class city 34 person violating water rules 58 upon sewer commissioners' appeal from apportion- ment, sewer system, town 422 Noisome business or manufacture near public highway. 408 Nuisance, abatement 16, 37 action to enjoin 234 defined 233, 393 examination, commissioner of health 16 local board of health 37 expense of abatement a lien upon premises 42 experts for examination 18 Nuisance, maintaining .393 permitting use of building for; opium smoking 393 removal 41 suppression by local board of health 37 suppression, certain 233 action, discontinuance ; substitution 235 to enjoin 234 trial 235 costs 236 556 Index Nuisance — continued Page suppression, effect if portion of article unconstitu- tional 236 injunction 234 jurisdiction and procedure 234 permanent injunction 236 violation of injunction 236 unequal damage 393 Nurse, failure to report sore eyes of infant 390 may report apparent cases tuberculosis to health officer 213 Nurse, county, authority board of managers county tuberculosis hospital to employ 302 Nurse, public health, acts under direction of physician in tuberculosis cases 221 authority commissioner of health to employ and assign 14 health officer, to employ 34 to have all reported cases tuberculosis visited by 221 public health council to prescribe qualifications. 11 not subject to suit 33 qualifications, public health 526 supervising, qualifications 524 work under direction of health officer 34 written report presumptive evidence of facts 33 Nurse, registered, qualifications 171 registration, examination, fees 171 Nursing, public health, division of 12 Oath, state board of medical examiners 100 Obstructing health officer in performance of duty 394 Occupancy forbidden until order of health officer is complied with 216 Officers and employees, state department of health, compensation 11 qualifications prescribed 11 Omission of duty by public officer ' 409 Operation, for prevention of procreation; criminals and defectives 242 unauthorized and illegal 243 Opium smoking 393 Optometry, practice of 191 Order, etc., local board of health, reversed or modified by commissioner of health 13 Order blanks, habit-forming drugs 166 use of federal blank approved by commissioner of health 170 Index 557 Page Order to discontinue water pollution 66 Orders and regulations, local boards of health 29 Osteopathy, practice of HO license 102 Overflow of water from canals 17 Owner of premises to permit sanitary examination.... 37 Parents, birth certificate filed by 255 given name of child registered by 257 Passport or baptismal certificate, employment of children 377 Pasteur Institute, inspection 231 persons to be sent 231 services, charges 231 Patients, county tuberculosis hospital, admission from county 307 admission patients from county not having hospital. 309 maintenance of patients from county 308 patients from county not having hospital. . . . 310 dangerous and careless, control of; commitment. . 217 Peddling farm produce, license prohibited 318, 411, 433 Pedic Society of State of New York 174 Penal Law, extracts from: acts of intoxicated physicians 409 adulterated goods 406 canal ice, sale 406 careless distribution of medicines, drugs and chemicals 406 child, unlawfully omitting to provide for 390 cocaine, or eucaine 396 contagious disease, exposing persons affected with, in public place 408 drugs, omitting to label, or labeling wrongly 394 embalming, illegal practice of 409 gas, tar or refuse in public waters 408 maternity hospital, conducting without license. . . . 390 incorporation, license 390 midwife, neglect to report to health officer or physi- cian sore eyes of infant 390 milch cow, feeding unwholesome food 389 keeping in unhealthy place 389 misconduct of veterinary surgeons 409 narcotics 407 noisome or unwholesome substance in highway.... 408 nuisance, public, defined 393 maintaining 393 558 Index Penal law, extract from — continued Page nuisance, penalty, use of building for 393 unequal damage 393 nurse, neglect to report to health officer or physician sore eyes of infant 390 obstructing health officer in performance of duty.. 394 omission of duty by public officer 409 omitting to label drugs, or labeling wrongly 394 opium smoking 393 solemnizing unlawful marriage 392 sore eyes of infant, report to health officer or physi- cian; treatment without advice of physician 390 tainted food, disposing of 407 unlawfully procuring marriage license 392 solemnizing marriage 392 violation of public health laws 396 willful violation of health laws 394 willfully poisoning food or well 408 Penalties : Agricultural Law 280 § 96, violations of 290 cold storage law 230 discharge of sewage without permit 73 food preparation and service 233 habit-forming drugs 170 selling wine not properly labeled 54 violation of orders of local board of health 30 vital statistics 264 Penalty : clergyman or officer violating domestic relations law 332 delivery of adulterated milk 270 failure physician to perform duties; making false reports (tuberculosis) 222 narcotics in possession 407 refusal to furnish sample of food or drugs 52 seizure of milk without taking samples 52 solemnizing unlawful marriages 392 violation of domestic relations law 334 health laws or regulations 21 tuberculosis law 222 willful, of health laws 394 putting noisome substance in highway 408 Permit, burial or removal 249 children to carry and distribute newspapers 374 Im)EX 559 Permit — continued Page discharge refuse from industrial establishment. .68, 69 sewage 67 Permit, dormitories in institutions, ventilation 204 record, .sewage or refuse discharge 71 renewable, discharge of sewage or wastes 70 revocation, discharge of sewage or wastes 70 workshops 44 Person in charge, record of persons in institution 258 Petition, construction of laterals in town sewer dis- tricts 427 construction of sewer, village 436 hearing on tuberculosis hospital 210 reapportionment, town sewer system 422 river improvement 297 sewer systems, towns 412 Pharmacies 150 Pharmacist 147 filling prescriptions, habit-forming drugs 165 order blanks, filing, habit-forming drugs 166 records, habit-forming drugs 167 revocation of license 169 sale, habit-forming drugs 163 Physical examination, children in factories 369 Physician, certain institutions for children to employ.. 202 compound medicines and fill prescriptions 151 failure to report tuberculosis 212 fee for reporting births and deaths 262 communicable disease 36 taking procedure and precautions in tuberculosis.. 219 intoxicated, acts of 409 keep record, habit-forming drugs 167 make monthly examination, children in institutions. 203 notify local board of health, violations regarding ventilation 204 health officer, death or removal of tuberculosis patient 214 protect family of tuberculosis patient 219 register births 255 with registrar of vital statistics 258 revocation of license — addicted to use of habit- forming drugs 169 after conviction, violation habit-forming drug law 170 eore eyes of infant, to be reported to 390 Physician's certificate, employment of children 377 560 Index Page Places of public assembly, inspection by health officer.. 32 Plans, county tuberculosis hospital, to be approved.... 300 public works, commissioner of health, may examine or copy 18 refuse discharge pipes, to be submitted 69 removal or disposal of sewage, subject approval by department 75 school buildings, to be approved 337 sewage system or disposal works, approval of Con- servation Commission required 297 sewerage or sewage disposal, to be submitted 68 state buildings and institutions, approval 20 Plumbing, General City Law 347 village 432 Poisons 156 Pollution : actions by municipalities to prevent sewage dis- charge 74 constructions and limitations made by §§ 76-85 73 discharge of sewage and other matter into certain waters prohibited 64 discharge of sewage into Susquehanna creek pro- hibited 64 into Walkill creek prohibited 64 inspection of water supply 57 order to discontinue pollution of waters 66 penalties 73 permission to discharge refuse or waste matter from industrial establishments 68 permission to discharge sewage 67 plans for refuse discharge pipes must be submitted. 69 record of permits ; inspection of local boards of health 71 reports of municipal authorities to local boards of health 70 reports of proprietors of industrial establishments. 71 revocation of permit 70 rules and regulations for water supplies legalized.. 59 rules and regulations of department 56 sewage disposal as affecting potable waters 297 sewerage 60 violations, service of notice, actions 72 see also water and water supply. Port of New York, Health officer, etc 81 quarantine, at 76 Index 561 Public health council — continued Page Potable waters, inspection of water supply 57 rules and regulations for protection from con- tamination 56, 59 sewage disposal affecting 297 Power of state commissioner of health, see Commis- sioner of Health. local board of health, see local board of health, locaj health officer, see health officer. Premises, attending physician to notify health officer of vacation, by tuberculosis case 214 disinfection, cleansing or renovation, after tubercu- losis 215 expense of abatement of nuisance a lien upon 42 local board may prohibit communication with, and use of, infected 35 occupancy prohibited, until order of health officer is complied with 216 right of entrance 41 Preservation of life, bathing places 199 Prescriptions, habit-forming drugs 164 omitting to label drugs, or labeling wrongly 394 physician may fill 151 Prevalent diseases, local health officer to give informa- tion 32 Private institution, commitment of inebriates 362 Procreation, operations for prevention board of examiners, compensation and expenses.... 241 powers and duties 242 counsel to person to be operated upon, appointment. 242 operations, unauthorized and illegal 243 persons to be operated upon 242 Proprietary remedies and liniments, exception 163 Proprietors, industrial establishments, reports 71 Provisions, sanitary code have legal force 10 no effect in New York city 10 Public health council, general provisions 9 decide diseases considered communicable 259 define methods and precautions, disinfection, etc.. 215 duties 10 establish regulations, contagious disease hospitals. 15 Indian reservations 10 rules and regulations, registration births and deaths 246 meetings 9, 10 prescribe qualifications, officers of department.... 11 registrars of vital statistics 247 562 IlSTDEX Public health council — continued Page regulate practice of midwifery 10 sanitary code 10 Public health law, duty of health officer to enforce. ... 33 duty of sanitary supervisor to enforce 14 duty of state commissioner of health to enforce 12 Public health laws, penalty for violations 21, 396 wilful violation 394 Public health nurses, see nurses, public health. Public nuisances, see nuisances. Public officer, omission of duty by 409 Public school, contagious diseases 342 eye and ear tests 342 medical inspection 339 vaccination 198 Public waters, gas or tar refuse in 408 Public works, examination and inspection 18 Publication, advertisement, sewer construction, towns 418 villages 437 list of articles exempt from provisions regarding adulterations 48 notice of hearing, apportionment of assessment... 420 construction of laterals 427 order to discontinue water pollution 66 tuberculosis hospital site 211 meeting on petition to establish sewer system.... 416 regulating interments in cemeteries, 3rd class cities 34 regulation and declaration regarding adulterations 51 requiring connection with sewer, towns 426 villages 442 sale of property for satisfaction of lien 42 rules and regulations for protection public water supplies 57 Pulmonary tuberculosis, see tuberculosis. Pure wine, defined 53 Quarantine at Port of New York 75 for rabies, by commissioner of agriculture 288 of children admitted to institutions 203 Quarantine station, commission to negotiate transfer.. 80 Rabies, persons to be sent to Pasteur institute 231 quarantine and suppression 288 Reapportionment, construction sewer system, town.... 422 village 439 Reciprocal licenses, embalming 189 Record, permits for sewage discharge 71 Record of sale, cocaine or eucaine 396 hypodermic syringe, needles 167 Index 563 Page Records, habit forming drugs 167 Recovery of tuberculosis patient, report 222 Refrigerating warehouses, rules and regulations 445 Refusal to furnish sample foods and drugs, penalty.... 52 Refuse discharge pipes, plans submitted; penalty for maintaining 69 Refuse or waste matter, permission to discharge 68 Registrar of vital statistics, appointment 247 charged with enforcement vital statistics law 265 district records kept by 260 fees for reporting births and deaths 262 for return and filing of certificates 262 for issuing burial or removal permits, prohib- ited 249 qualifications 247 registration of physicians, midwives and under- takers . 258 removal by commissioner of health 247 report promptly deaths from tuberculosis 213 subregistrar, appointment authorized 248 supplemental report, given name of child 257 transmit original certificate to state commissioner of health 260 Registration and license, veterinary medicine, unau- thorized, prohibited ^ 139 births and deaths, local health officers 32 registrar of vital statistics 260 chiropody 178 deaths without medical attendance 252 Registration, defective, vital statistics, correction. . . . 248 districts, vital statistics 247 midwives,' see also sanitary code chapter IV 258 nurses 171 physicians 258 practice of dentistry 121 undertakers 258 Registry of children employed, mercantile establish- ments 381 practice of medicine 105 veterinary medicine and surgery 137 Regulating interments in cemeteries, 3rd class cities.. 34 Regulation approving use of federal order blanks for drugs 170 Regulation and control of autopsies 12 Regulations, hospitals for contagious diseases 15 see also rules and regulations. 564 Index Page Reimbursement for sewers constructed at private ex- pense 436 Removal of nuisance 41 permit for dead body, issued by registrar 261 no fee to be charged 249 permits, issue 247, 249 Report, cities of first class, certain diseases 37 recovery of tuberculosis patient 222 Reporting communicable diseases of animals 284, 291 reports, cold storage warehousemen 229 communicable disease, health officer to secure. ... 32 industrial establishments, under 1903 law 71 municipal authorities, under 1903 law 70 Reports, tuberculosis, penalty for false 222 vaccinations 199 written, presumptive evidence 33 Requisitions, tuberculosis supplies, furnished 221 Revocation of license, physician 169 practice of dentistry 125 permit, sewage discharge 70 Riparian owners, common law rights not affected. ... 74 River improvement 297 Rooms, mercantile establishments, cleanliness 103 Rules and regulations, cleansing and disinfection.... 451 cold storage . . . .- 229, 445 commissioner of health may adopt 229, 232 department of foods and markets public health council may establish 246 transportation of the dead 1S5, 443 water supplies, protection 56 enforcement 57 legalized 59 Salary, commissioner of health, deputy 11 public health council 9 Sale of habit-forming drugs, prohibited 163 Samples, careless distribution of 406 Sanitary Code 10 commissioner to secure enforcement 12 duty of health officer to enforce 32 of sanitary supervisor to enforce 14 enforcement 10 provisions have legal force 10 no effect in New York city 10 supersede local ordinances 11 scope 10 violations 10 Index 565 Page Sanitary conditions, bathing establishments 199 districts 13 examinations 37 owners of premises must permit 38 inspections, by health officer 32 regulations, enacted by municipality 10 supervision, local health officer 32 supervisor, duties 13 qualifications 10 survey, annual, local health officer 32 Schedules A, B, C, poisons 162 School attendance, certified birth certificate evidence of age 260 parents and guardians to compel 344 penalty 344 School children, vaccination 198 Schools, attendance officers 338 contagious disease in 342 duties of authorities as to enforcing laws 336 employment of medical inspectors 339 enforcement 343 examination by medical inspectors 341 medical inspection 339 penalty where parents do not compel attendance . . 344 provisions for outbuildings 337 pupils to furnish health certificates 340 record of examination ; eye and ear tests 342 removal of school officers, withholding public money 336 Schools, requiring parents and guardians to compel attendance 344 state medical inspector 343 Seats for women, mercantile establishments 387 Secretary, public health council 9 Secretary of state, regulations of sanitary code filed with 10 report examination into nuisance filed with 16 Seizure of milk 52 Service of notice, see notice, service of. Sewage, defined 67 Sewerage 60 approval of construction sewer system or disposal works by Conservation Commission required.... 297 powers and duties of local boards of health 31 sewer assessments, local boards of health, villages 31 566 Index Sewerage, towns : Page acquisition of property by condemnation 419 action by town board 417 annual statement of commissioners 425 appeal from apportionment 422 apportionment of local assessment 420 approval and filing of maps and plans 418 constructing laterals in sewer districts 427 contracts for construction of laterals 428 for construction of sewer systems 418 expense of maintenance, how raised 423 fees of commissioners 423 hearing of appeal from apportionment 422 improvements, how paid for 428 oaths and undertakings of commissioners 418 procedure by new commissioners 423 reapportionment 422 sewer connections 428 supervising engineers, inspectors and attorney.... 419 town board may direct construction of portion of system 414 may establish sewer systems 412 Sewerage, villages: acquisition of property by condemnation 437 annual report of commissioners 442 appeal from apportionment 439 apportionment of local assessment 438 construction of sewer at expense of village 435 at joint expense 436 wholly at expense of property benefited 436 contracts for construction of system 437 contracts with other municipalities or districts.... 441 establishment of sewer system 434 expense of construction ; how raised 440 fees of commissioners 440 hearing of appeal 439 permission to omit from construction portion of system 435 procedure by new commissioners 439 reapportionment 439 reimbursement for sewers constructed at private expense 436 sewer connections 442 supervising engineer; inspectors 438 tax for unpaid assessments 440 Shellfish grounds, sanitary inspection 296 Index 567 Page Sleeping apartments, drug stores and pharmacies. . . . 153 grocery and provision stores 154 Smallpox, cities of first class 35 epidemic, vaccination of school children 198 Special inspectors, workshops 43 Special meetings, local boards of health 28 Sputum, examination 213 Stairways, iron, on hospital buildings 223 State board of charities, approval, incorporation of maternity hospital required 390 State board of dental examiners 116 embalming examiners 184 examiners in optometry 191 State board of health, to mean state department of health 21 see state department of health. State board of medical examiners 99 examination for license to practice medicine 101 report of examinations 103 State board of pharmacy 144 apprentices and employees, drug store and phar- macy 152 make additions to poison schedules 157 powers and duties 146 State board of veterinary medical examiners 132 State department of health 8 actions on violation of water rules 58 actions, proceedings and authority, judicial 10 analysis, spirituous, fermented or malt liquors. ... 51 books and forms, domestic relations law, furnished 334 certification of cases reported by health officer 35 cold storage license 226 compensation of officers and employees 11 county tuberculosis hospitals, visit and inspect.... 311 divisions 12 duty as to reports of embalming examinations 187 duty in respect to violations, foods and drugs 50 examination for license as embalmers 185 examination water pollution 74 exemption in case of adulterations 48 health officers, first class cities, report certain dis- eases 37 illuminating oils, tests 345 maps and plans, sewer systems, approval, town.. 418 village 424 568 Index State department of health — continued Page marriage licenses and certificates furnished 333 notice to convene local board, nuisances 37 Pasteur institute open to inspection 231 plans for removal or disposal of sewage, approval.. 75 provide forms for reports of warehousemen 229 procedure and precaution blanks, tuberculosis. 220 registration of births and deaths 246 reports of infectious and contagious diseases 35 violation, food and drug provisions 55 rules and regulations, water supplies 56 State dental society 113 State examining boards outside of state, examinations and license 103 State institute for study of malignant disease 237 State institutions, analysis of water supplies 20 annual examination and inspection 20 approval of plans 20 State medical inspection of schools 343 Stillborn children, registration 249 Storekeepers, temporary permits, may sell medicines and poisons 152 requirements for examination, pharmacy 147 Stores, pharmacy 150 Subpoenas, cold storage 228 issued by commissioner of health 12 by local board of health 30 Subregistrar, vital statistics 248 Suffolk county, mosquito extermination commission.. 312 Superintendent, county hospital, powers and duties. . 304 institutions, record particulars regarding inmates 258 report infectious and contagious diseases 36 Supervising engineer, sewer systems town 419 village 438 Suppression of certain nuisances 233 Surgeon, performing autopsy, duty 16 Swine, keeping of, board of trustees may regulate. . . . 432 Tainted food, disposition 407 Teacher, may report apparent case of tuberculosis.... 213 Tenement houses in cities 20 manufacturers in, permit 44 Tenement made articles, powers of local board of health 371 Towels, individual, in hotels 244 Town board, action regarding sewer district 417 constitute local board of health 23 Index 569 Town board — continued Page constitution and regular meeting 410 direct construction, portion of sewer system 414 may establish sewer system 412 registrar, appointment 247 sewer system, petition 412 Town boards of health, act on any matter in jurisdic- tion 24 jurisdiction 44 transference of powers, etc., to town board 24 Town clerk, duty in respect to issuing marriage licenses 329 records of marriages to be kept by 332 to issue marriage licenses 328 Town law, sewers 412 Town sewer systems, see sewerage, towns. Transportation of the dead, administrative rules relat- ing to 443 Trustees, board of, constitutes village board of health 23 Tuberculin testing of cattle, procedure 281 Tuberculosis, care of diseased animals 286 compensation of owners of animals destroyed .... 293 Tuberculosis, consents requisite for establishment of hospitals or camps in towns 210 control of dangerous and careless patients ; com- mitment 217 disinfection of premises 214, 216 duties of health officer, physician, nurse 219 establishment of county hospital 298 examination of sputum 214 general penalty 222 health officer authority to cause reported cases to be visited by nurse . 219 to be notified of death or removal of patient. . . . 214 to direct disinfection, cleansing or renovation of apartments 215 penalty for failure of physician to perform duties or for making false reports 222 prohibiting carelessness of patients; penalty 216 occupancy of apartments until order of health officer complied with 216 protection of patient's family 219 of records 214 provisions do not apply to New York city. .;..... 223 recovery of patient to be reported. . .'. 222 reports by physicians and others -. . 212 reports of apparent cases . . . . . . . :-. 213 570 Index Tuberculosis — continued Page reports not to be made public 36 statements of procedure and precautions 219 Tuberculosis hospital, consents requisite for establish- ment 210 Tuberculosis hospital, county, admission of patients from county 301 from county not having hospital 309 at almshouse 310 board of managers, appointment, general powers and duties 301 establishment 298 maintenance of patient from county 308 from county not having hospital 309 superintendent, general powers and duties 304 Typhoid carriers, care and maintenance 46 control, commitment 217 Typhus fever, reports 37 Undertaker, appprentice 187 duties of 253 duty, death occurring without medical attendance 252 fee 187 license to practice 187 preparation of body, communicable disease 189 registration 187, 258 Vaccination, expense of 198 how made ; reports 199 provided 36 school children 198 see also note following § 625, education law.. 345 Vaccine virus 199 provided 36 Ventilation, institutions for children 204 mercantile establishments 386 Veterinary medicine and surgery 131 surgeons, employment by Commissioner of Agricul- ture 287 misconduct of 409 Village board of health, appointment of registrar 247 consists of board of trustees 23 members receive no additional compensation 24 transference of powers to board of trustees 24 Village board of trustees, meetings 431 Violation of health laws, penalty 396 Violations, actions for 72 adulterations 50 Index 571 Violations — continued Page embalming and undertaking 190 local boards of health to ascertain Section 76 72 maintaining refuse discharge pipe 69 milk, provisions, local health officer 52 of health laws or regulations, penalty 21 optometry 196 pharmacy 158 proof required in prosecution 161 registration of nurses 173 report by local board of health to commissioner 72 sanitary code 10 sanitary conditions of hotels 244 section 76, duty local board of health 72 tuberculosis law penalty .• 222 Vital statistics : certificate of birth 256 of deaths 250 certified copies of records 262 certified copies of birth certificate evidence of age. 260 correction of defective registration 248 district records to be kept by registrar 260 duties of state commissioner of health 246 of undertakers 253 enforcement of provisions 265 fees of registrars 262 interments 254 New York city exempted 266 penalties 264 permits for burial or removal of dead bodies 249 records to be kept by commissioner 259 registrar, appointment, removal • 247 registrar not to receive fee, burial or removal permits 249 registration districts 247 registration, births 255 births and deaths 246 deaths without medical attendance 252 name of child 257 persons in institutions 258 physicians, midwives, undertakers 258 stillborn children 259 subregistrar, appointment, duties, removals 248 Warehousemen's reports, cold storage 229 Warrants by local board of health 30 Wash rooms, mercantile establishments , , , , 384 572 Index Page Waste matter, discharge from industrial establish- ment 71 Water, overflow from canals 17 closets, mercantile establishments 384 pollution, order to discontinue 66 see also Sewerage supply, enforcement of rules and regulations 57 New York city sanitary control limited 63 rules and regulations for protection of 56 legalized • . 59 sewage disposal as affecting 297 sewerage for protection of 60 state institutions, analyses 20 see also pollution. Wilful violation of health law 394 Wilfully poisoning food, spring, well, etc 408 Wine, adulteration 53 Winesses, commissioner of health may compel attend- ance 12 local board of health may compel attendance. ... 28 Women and children, employment, mercantile estab- lishments 372 in basements, mercantile establishments 388 hours of labor 372 Working hours, drug stores and pharmacies 153 grocery and provision stores 154 Workshop in connection with tuberculosis hospital . . . 349 Workshops, in tenements, inspection 43 Yellow fever, reports 37 INDEX — SANITARY CODE Chap. Reg. Page Adults, not to be quarantined in certain cases . . 2 12 4S1 Age, of midwife, minimum 4 5 511 Anthrax, a communicable disease 2 1 477 Application : for license to practice midwifery 4 4 510 for permit to sell milk and cream 3 3 500 Authorities : county or municipal, report to 2 44 494 health, posting placards by 2 21 4S5 local, may compensate owner for foods destroyed 2 3S 401 local health authorities : commissioner has supervision over .. .. 474 designate expiration of permit to sell milk 3 1 500 designate manner of displaying permits. 3 7 502 dispense with bacterial count in milk.. 3 13 500 exclusion from school \mder certain condition 2 27 4S6 2 2S 4S7 inspector or officer, not to be ob- structed 2 15 483 make supplementary milk regulation.. 3 14 509 require health officer to take cultures.. 2 10 4S1 rules and regulations by 2 11 4S1 municipal authorities to provide for med- ical care 2 33 4S9 public health authorities, reporting per- son needing attention 2 6 479 Bacteria : certified milk 3 13 504 count, where made 3 13 509 disease producing, distribution of living cul- tures prohibited 2 43-a 493 Grade A, raw 3 13 505 Grade A, pasteurized 3 13 506 Grade B, raw 3 13 506 Grade B, pasteurized 3 13 507 Barber shop : copy reg. 4 and 5 of chapter VII to be posted ; exceptions 7 6 523 Barbers and barbershops, regulations 7 4 521 574 Index Board of health: Chap.Reg.Page defined 1 1475 of municipality, to provide free vaccination. 2 31 4S8 report by health officer concerning nuisance 6 2 519 to convene to take action regarding nuisance 6 3 519 to convene upon notice from commission.. 6 5 518 Boarding house: handling of food forbiuuen in certain cases. 2 39 491 letting of rooms forbidden 2 49 496 removal of cases of communicable disease. . 2 13 4S2 removal to hospital or isolation 2 33 4SS reporting cases of diseases presumably com- municable 2 5 479 Bottling of milk: condition of place 3 9 502 caps 3 9 502 Camps : case of disease presumably communicable to be reported 2 6 479 duty of health officer to inspect 5 3 513 isolation of cases of disease presumably communicable 5 19 5 IS pollution of waters prohibited 5 1513 reg. 6, chap. II, to be enforced by person in charge 5 18 517 see also Labor camps. Can, see Milk vessels. Caps: required for bottled milk 3 9 502 to be marked: Grade A, raw 3 13 505 Grade A, pasteurized 3 13 506 Grade B, raw 3 13 507 Grade B, pasteurized 3 13 506 Grade C, raw 3 13 508 Grade C, pasteurized 3 13 509 Carriers of disease germs subject to rules and regulations 2 40 492 Certified milk 3 13 504 approved by county medical society 3 13 504 free from preservatives 3 13 504 name of certifying medical society 3 13 504 regulations by county medical society 3 13 504 Change of address of midwife registered with local registrar 4 3 510 Character, moral, of midwife certified to 4 5 511 Index 575 Chickenpox: Chap. Reg. Page a communicable disease 2 1 477 exclusion from schools and gatherings 2 27 48(5 exclusion of children of households 2 28 4S7 maximum period of incubation 2 35 489 minimum period of isolation 2 3G 489 precautions to be observed 2 29 487 removal of cases 2 13 482 Cholera, Asiatic: a communicable disease 2 1 477 carriers of disease germs 2 40 492 duties of undertakers 2 52 499 instructions as to disinfection of excreta... 2 16 4S3 removal of articles contaminated with in- fective material 2 14 482 reporting, on dairy farms 2 8 4S0 Circulars, distribution of 2 19 484 Cleansing:: brushes, combs, cups, etc., barber shops 7 4 522 manicures and chiropodists 7 5 523 methods and precautions 2 46 495 of person 2 48 496 of rooms, furniture and belongings, required 2 45 494 utensils 3 11503 Code: enforcement of 473 legal effect of 473 Commissioner of health, see State Commissioner of health. Common carriers: duties of, in epidemics 2 50 497 placarding by 2 51 498 transportation of dead bodies by 7 9 524 Common drinking: cups, drinking and eating utensils, forbidden 7 3 521 Common towel, forbidden 7 2 521 Condemning: milk vessels 3 10 503 Conditions: for issue of permit for labor camp 5 6 514 to sell milk and cream 3 5 501 keeping milk for sale 3 S 502 selling bottled milk 3 9 502 renewal of permit to sell milk and cream.. 3 6 502 Who may prescribe 3 1 500 County medical society, certify milk 3 13 504 576 Index Cows: Chap. Reg. Page excluded from herd after tuberculin test 3 13 505 physical examination of 3 13 506 3 13 507 tuberculin test 3 13 504 3 13 505 Cream, see milk and cream. Culture, material to be submitted 2 10 481 cultures, living, of disease producing bac- teria, distribution prohibited , 2 43a 493 Dairy farms: destruction of food in certain cases 2 38 491 inspecting and scoring, see also grades 3 4 501 rated, 40 per cent 3 5 501 reporting cases of communicable disease on 2 8 4S0 disease presumably communicable 2 9 481 required to be clean and sanitary 3 5 501 sale of food forbidden in certain cases 2 37 490 Dealer in Milk, see permit, designation, grade Designation of milk and cream grades 3 13 504 Destruction : of foods in certain cases 2 38 491 of furniture, clothing and other articles.... 2 47 496 Diphtheria (membranous croup) : a communicable disease 2 1 477 carriers of disease germs 2 40 492 destruction of foods in certain cases 2 38 491 destruction of furniture, clothing, etc 2 47 496 distribution of circulars 2 19 484 duties of undertakers 2 52 49S exclusion from schools and gatherings 2 27 4S6 exclusion of children of households 2 2S 4S7 exposure of persons affected with 2 24 485 handling of foods forbidden in certain cases 2 39 491 instructions as to disinfection of discharges 2 17 484 letting of rooms forbidden 2 49 496 material for cultures to be submitted 2 10 4 SI minimum period of isolation 2 36 490 needless exposure to 2 25 486 posting placards 2 20 4S5 precautions by physicians and attendants.. 2 18 484 public funerals forbidden 2 53 499 quarantine in certain emergencies 2 34 4S9 removal of articles 2 14 482 removal of cases 2 13 482 removal to hospital from lodging-houses, etc. 2 33 488 IlSTDEX 577 Diphtheria (membranous croup) — continued Chap. Reg. Page removal to hospital or isolation 2 32 488 reporting, on dairy farms 2 8 480 sale of food forbidden in certain cases 2 37 490 Diploma of midwife 4 5 511 Disease producing bacteria, distribution of living cultures prohibited 2 43a 493 Diseases, communicable: denned 1 1 476 designated 2 1 477 exposure of persons affected with 2 24 485 handling of food forbidden 2 39 491 isolation of person affected with 2 11481 needless exposure to, forbidden 2 25 486 preventing spread of, in institutions 2 22 485 removal of cases of 2 13 482 reporting, by person in charge, camps 5 18 517 by physicians 2 2 478 in institutions 2 3 478 on dairy farms 2 8 480 Diseases, presumably, communicable: in camps, to be isolated; not to be moved without permission of health officer 5 19 518 reporting, in camps 2 6 479 in labor camps, etc 5 18 517 on dairy farms 2 9 481 in hotels, boarding and lodging houses. 2 5 479 in schools 2 4 479 in private household 2 5 479 on vessels 2 7 480 Disinfection : of belongings 2 45 4S4 of brushes, barber shops 7 4 522 of discharges 2 17 484 of excreta 2 16 483 of furniture, premises, etc 2 45 494 of hands and instruments, manicures and chiropodists 7 5 523 of hands of barber 7 4 522 of person 2 48 496 of rooms — 'methods and precautions 2 46 495 placard — if disinfection not complied with. 2 49 496 Display of permit to sell milk and cream 3 7 502 Dysentery, amoebic and bacillary: a communicable disease 2 1477 destruction of foods in certain cases 2 38 491 19 578 Index Dysentery — continued Chap. Reg. Page instructions as to disinfection of excreta 2 16 483 reporting cases on dairy farms 2 8 480 sale of foods forbidden in certain cases 2 37 490 Dysentary, bacillary : carriers of disease germs 2 40 492 handling of food forbidden in certain cases 2 39 491 Education and instruction of midwives 4 5 511 Entrance, right of entrance and inspection . 2 15 483 Epidemic, cerebrospinal meningitis : a communicable disease 2 1477 carriers of disease germs 2 40 492 destruction of foods in certain cases 2 38 491 distribution of circulars 2 19 484 duties of undertakers 2 52 498 exclusion from schools and gatherings 2 27 486 exclusion of children of households 2 28 487 instructions as to disinfection of discharges 2 17 484 letting of rooms forbidden 2 49 496 posting placards 2 20 485 public funerals forbidden 2 53 499 quarantine in certain emergencies 2 34 489 removal of cases 2 13 482 reporting on dairy farms 2 8 480 sale of foods forbidden in certain cases : 2 37 490 Epidemic or streptococcus (septic) sore throat: a communicable disease 2 1 477 destruction of foods in certain cases 2 38 491 distribution of circulars 2 19 484 exclusion from schools and gatherings 2 27 486 handling of food forbiuden in certain cases 2 39 491 instructions as to disinfection of discharges 2 17 484 removal of cases 2 13 482 reporting cases on dairy farms 2 8 480 sale of foods forbidden in certain cases ... 2 37 490 Equipment, see scoring and rating. Evidence : condemned milk vessel to be held as evi- dence moral character of midwife presumptive, registration of midwife 4 Exception: certain cities cities cities ... i 3 10 503 4 5 511 4 7 512 7 6 523 5 22 518 fi 7 520 Index 579 Exception — continued Chap. Reg. Page city of New York 3 15 508 3 13 508 New York 4 12 513 7 1-9 521 Rochester 4 12 513 midwives registered before Jan. 1, 1915.... 4 511 physicians, from midwife regulation 4 1 510 Exclusion from school, of cases of disease pre- sumably communicable 2 26 486 Exclusion from schools and gatherings : of cases of certain communicable diseases. 2 27 486 of children of households 2 28 487 Existing regulations not rescinded 3 13 509 Exposure : of person with communicable disease for- bidden 2 24 485 needless exposure to communicable disease 2 25 486 Expiration of permit to sell milk 3 1 500 Food: destruction of, in certain cases 2 38 491 handling forbidden in certain cases 2 39 491 reports of food poisoning 2 41492 sale of, forbidden in certain cases 2 37 490 Furniture: cleansing and disinfection of 2 45 494 methods of cleansing and disinfection 2 46 495 destruction of 2 47 496 German measle s : a communicable disease 2 1 477 exclusion from schools and gatherings 2 27 486 exclusion of children in households 2 28 487 precautions to be observed 2 29 4S7 Glanders : a communicable disease 2 1477 duties of undertakers 2 52 498 Grades of milk: Grade A pasteurized 3 13 505 A raw 3 13 505 B pasteurized 3 13 507 B raw 3 13 506 C pasteurized 3' 13 508 C raw 3 13 508 Head of private household, duty to report dis- ease presumably communicable 2 5 479 5 SO Index Health officer: Chap. Reg. Page application in writing for permit for labor camp 5 5 514 approve toilet facilities of camps 5 10 515 authorized to permit inspection of tuber- culosis register in certain cases 7 8 523 certificate required for school attendance. . 2 26 486 condemn milk vessels 3 10 503 defined 1 1 476 duties in respect to: camps 5 3 513 communicable disease on dairy farms.. 2 8 480 circulars 2 19 484 diphtheria cultures 2 10 481 diphtheria, scarlet fever, measles 2 32 488 diphtheria, scarlet fever, typhus in lodg- ing houses 2 33 488 food poisoning 2 41 492 notification regarding existence of disease on premises 2 19 4S4 nuisances 6 1 519 placarding rooms 2 49 496 posting placards 2 20 485 quarantine in emergencies 2 34 489 smallpox contacts 2 30 488 smallpox — isolation or removal 2 30 487 tuberculosis, apparent case of 2 42a 493 furnish copy of chap. V for posting in camp 5 8 515 copy of water rules for posting in camp 5 15 517 inspect and score dairy farm 3 4 501 for issue of permit to sell milk and cream 3 5 501 renewal of permit to sell milk and cream 3 6 502 labor camps 5 3 513 may accept scoring of another health officer 3 4 501 •isolation of cases of disease presumably communicable in camp, to be approved by 5 19 518 Issue permit to establish labor camp 5 4 514 permit to son milk in municipalities 3 1500 keep record of persons having access to tu- berculosis register 7 8 524 Index 581 Health officer — continued Chap.Reg.Page notify of change in source of milk supply.. 3 3 501 of location of labor camp 5 2 513 of person responsible for sanitary con- dition of camp 5 7 515 of vacation of labor camp 5 4 514 order and direction : cleansing, renovation and disinfection.. 2 45 404 cleansing, renovation and disinfection.. 2 46 495 destruction of furniture, etc 2 47 40© permission required : discontinuance of isolation of certain cases 2 32 4S8 removal of articles contaminated with infected matter 2 14 482 removal of cases of communicable disease 2 13 482 removable of cases of disease presum- ably communicable, in camps 5 10 518 sale of food from farm or dairy 2 37 400 Permit : for labor or construction camp, when required 5 4 514 application 5 5 514 conditions of issuance; revocation.. 5 6 514 surrender, when camp is vacated . . 5 4 514 for sale of milk or cream, required 3 1 500 application required 3 2 500 conditions of issuance 3 5 501 conditions of renewal 3 6 502 public display of 3 7 502 revocation . • 3 1 500 Port of New York : vessels in jurisdiction excepted 2 13 482 vessels in jurisdiction excepted 2 14 482 quarantine: of persons exposed to smallpox 2 30 488 of unvaccinated persons of household.. 2 30 487 report by : communicable disease on dairy farms.. 2 8 480 group food poisoning 2 41492 monthly, to state commissioner of health, required 7 7 523 582 Index Health officer — continued Chap. Reg. Page report to : communicable disease, by physicians.. 2 2 478 in institutions 2 3 478 on dairy farms 2 8 480 disease presumably communicable, camps 2 6 479 dairy farms 2 9 481 hotels, boarding or lodging houses.. 2 5 479 labor camps 5 IS 517 schools 2 4 479 vessels 2 7 480 group food poisoning 2 41492 interference with placards 2 21 4S5 revoke permit to sell milk and cream for cause 3 1 500 Hospital: preventing spread of communicable disease in 2 22 485 removal of smallpox to hospital if available 2 30 487 removal to hospital of diphtheria, measles, scarlet fever 2 32 488 removal to hospital from lodging houses, hotels or boarding houses 2 33 488 reports of food poisoning 2 41492 Hotels : handling of food forbidden in certain cases 2 39 491 letting of rooms forbidden 2 49 496 removal of cases of communicable disease. 2 13 4S2 removal to hospital, or isolation 2 33 4S8 reporting cases of diseases presumably com- municable 2 5 479 Incubation, maximum period of 2 35 4S9 Infantile paralysis, see poliomyelitis. Inoculation with living- bacteria 2 43 493 Inspection of dairy farms 3 4 501 Inspection of laboratories 2 44 494 Inspection of location and sanitary condition of labor camp 5 3 513 Inspection, right of entrance and 2 15 4S3 Institution : isolation wards in institutions for children 2 23 486 preventing spread of communicable disease in institutions 2 22 485 reporting cases of communicable disease 2 3 478 report food poisoning 2 41 492 Index 583 Instruments: Chap.Reg.Page of chiropodists, cleansing 7 5 523 inidwives not to use 4 10 512 Isolation: adult members of family may continue vocation, except smallpox 2 12 481 cases of disease presumably communicable, camps 5 19 518 minimum period of 2 30 489 of persons affected with communicable dis- ease 2 11 481 on dairy farms 2 37 490 or removal in diphtheria, scarlet fever, measles 2 32 488 or removal smallpox 2 30 487 or removal from- lodging house, hotel or boarding house 2 33 488 or quarantine of household 2 34 4S9 removal of cases after isolation 2 13 482 wards required for institutions for children 2 23 485 Labor or construction camp: application required for permit 5 5 514 cases of disease presumably communicable; isolation 5 19 518 reporting 5 18 51/ cases of food poisoning to be reported 2 41 492 condition of issuance of permit; revocation 5 G 514 copy of chapter V to be posted 5 8 515 disposal of wastes from privies 5 13 510 duty of person in charge to see that chapter is enforced 5 20 518 garbage disposal 5 14 517 location and drainage of stables 5 16 517 location of camp with respect to public water supply :... 5 9 515 notice of establishment 5 2 513 one person to be responsible for sanitary condition 5 7 515 permit required 5 4 514 privies between 50 and 200 feet from water's edge 5 12 516 more than 200 feet from water's edge.. 5 11 515 supplementary rules and regulations 5 21 518 suitable toilet facilities 5 10 515 to be kept and left in sanitary condition ... 5 17 517 vacated, permit to be surrendered 5 4 f>14 water rules to be observed 5 15 517 584 Index Laboratories : Chap. Reg. Page inspection of 2 44 494 make bacterial counts in milk 3 13 509 Letting of rooms forbidden 2 49 496 License to practice midwifery 4 1 510 application for 4 4 510 qualifications 4 5 511 revocation 4 9 512 term to run 4 8 512 Local board of health, action on nuisances.... 6 3 519 Local health authorities, see authorities, health. Local health officer, see health officer. Lodging houses: letting of rooms forbidden 2 49 496 removal of cases of communicable disease.. 2 13 4S2 removal to hospital, or isolation 2 33 488 reporting cases of diseases presumaDly communicable 2 5 479 Manicures and chiropodists 7 5 523 regulations to be posted, exceptions 7 6 523 Measles : a communicable disease 2 1 477 distribution of circulars 2 19 484 exclusion from schools and gatherings 2 27 486 exclusion of children of households 2 28 487 exposure of persons affected with 2 24 485 handling of food forbidden in certain cases 2 39 491 instructions as to disinfection of discharges 2 17 484 letting of rooms forbidden until cleansed, etc 2 49 496 maximum period of incubation 2 35 489" minimum period of isolation 2 36 490 needless exposure to, forbidden 2 25 -ISO precaution by physicians and attendants.. 2 18 484 posting placards 2 20 485 public funeral forbidden 2 53 499 quarantine in certain emergencies 2 34 489 removal of cases 2 13 482 removal to hospital or isolation, etc 2 32 488 Medicine, midwives forbidden to prescribe .... 4 10 512 Methods, see scoring and rating of dairy farms. Midwives 4 1 510 application for license 4 4 510 ago, minimum 4 5 511 character 4 5 511 Index 585 Midwivcs — continued Chap. R«g. Page diploma 4 5 511 instruction and experience 4 5 511 Instruments, forbidden 4 10 512 license and registration 4 1510 medicine, forbidden to prescribe 4 10 512 physician excepted 4 1510 qualifications 4 5 511 qualifications before Jan. 1, 1915 4 6 511 registration, what to include 4 3 510 revocation of license 4 9 512 supplementary rules 4 11 513 version, prohibited 4 10 512 Milk and cream, bacteria in, see bacteria. certified 3 13 504 conditions for keeping 3 8 502 designation of 3 13 504 grading of: Grade A pasteurized 3 13 505 A raw 3 13 505 B pasteurized 3 13 507 B raw 3 13 500 C pasteurized 3 13 508 C raw 3 13 508 permits for sale of 3 1 500 sale in bottles 3 9 502 Milk vessels: care and cleaning 3 10 5031 condition when sold filled 3 8 502 condemned and seized 3 10 503 destroyed or marked 3 10 503 Mumps: a communicable disease 2 1477 exclusion from schools and gathering* .... 2 27 480 exclusion of children of households 2 28 487 maximum period of incubation 2 35 489 minimum period of isolation 2 30 490 precautions to be observed 2 29 487 removal of cases 2 13 482 Municipal authorities to provide medical and nursing: care for persons in lodging house, hotel or boarding house 2 33 489* Municipality defined 1 1 4761 permit to sell milk anu cream in 3 1 500 Normal labor 4 10 512 Nuisances; procedure for abatement of 6 .. 519 5S6 Index Nurse — duty: Chap. Reg. Page to carry out disinfection of discharges 2 17 483 to carry out disinfection of excreta 2 16 483 to disinfect person 2 48 496 to observe precautions 2 18 484 to report cases of disease presumably com- . municable 2 6 479 to report food poisoning 2 41 492 Ophthalmia neonatorum, a communicable dis- ease 2 1 477 Para-typhoid fever : a communicable disease 2 1 477 instructions as to disinfection of excreta ... 2 16 483 reporting, on dairy farms 2 8 4S0 Pasteurization 3 12 503 Permit to sell milk in municipalities 3 1 500 application for 3 2 500 conditions of issue 3 5 500 renewal 3 6 502 expiration 3 1 500 fee prohibited 500 issued by local health officer 3 1500 public display of 3 7 502 renewable 3 1 500 revocation 3 1 500 Person affected with communicable disease: adult members of family not to be quar- antined in certain cases 2 12 481 disinfection of person 2 48 490 exposure forbidden 2 24 485 isolation of 2 13 482 Person in attendance: to carry out disinfection of discharges .... 2 17 483 to carry out disinfection of excreta 2 16 483 to disinfect person 2 48 496* to observe precautions 2 18 484 Person in charge: dairy farm — to report cases of disease pre- sumably communicable 2 9 481 dispensary : to prevent spread of infective material 2 22 485 to report communicable diseases 2 3 478 to report food poisoning 2 41492 hospital or institution: to prevent spread of infective material.. 2 22 485 to report communicable diseases 2 3 478 to report food poisoning 2 41 492 Index 587 Person in charge — continued Chap. Reg. Page labor or other camp: not to allow removal of case of disease presumably communicable 5 19 518 to notify health officer of vacation of camp 5 4 514 to report case of disease presumably communicable 5 18 517 to report food poisoning 2 41492 to see that chapter V is enforced .... 5 20 518 schools : to exclude cases of disease presumably communicable 2 26 486 to report cases of disease presumably communicable 2 4 479 Sunday school: to exclude cases of disease presumably communicable 2 26 486 temporary living quarters ; to notify health officer of location 5 2 513 vessels : to report concerning disease presum- ably communicable 2 7 480 Physicians: called by midwife 4 10 512 midwife regulations not to apply 4 1510 duty: concerning tuberculosis 2 42 492 apparent case of 2 42a 493 to leave instructions as to disinfection of discharges 2 17 484 to leave instructions as to disinfection of excreta 2 16 483 to report all communicable diseases 2 2 478 to report communicable disease on dairy farms 2 8 480 to report food poisoning 2 41492 to submit material for cultures 2 10 481 precautions in diphtheria, measles and scarlet fever 2 18 484 certificate signed by physician, counter- signed by health officer, required for school attendance 2 26 486 Placards : common carriers 2 51 498 rooms not to be occupied until cleansed, etc. 2 49 496 588 Index Placards — continued Chap. Reg. Page stating existence of communicable diease... 2 20 485 interference with, forbidden 2 21 485 Plague : a communicable disease is.. 2 1477 duties of undertakers 2 52 498 Poliomyelitis, acute anterior (infantile paralysis) : a communicable disease 2 1 477 carriers of disease germs 2 40 492 distribution of circulars 2 19 484 exclusion from schools and gatherings .... 2 27 480 exclusion of children of households 2 28 480 exposure forbidden 2 24 4S5 instructions as to disinfection of discharges 2 17 483 letting of rooms forbidden until cleansed . . 2 49 490 posting placards 2 20 485 removal of cases 2 18 482 Pollution of waters prohibited 5 1 511 Preservatives in certified milk 3 13 502 Printing on caps, See caps. Private house, presumably communicable diseases reported 2 5 479 Public display of permits to sell milk and cream 3 7 502 Puerperal septicaemia, a communicable disease 2 1 477 Qualifications: of health officers 523 of midwives 4 5 511 of midwives before January 1, 1915 4 (i 511 public health nurses 525 sanitary supervisors 522 supervising nurses 524 Quarantine: adults not to be quarantined in certain cases 2 12 481 in certain emergencies 2 34 489 Rabips, a communicable disease 2 1 477 Rating of dairies, see scoring and rating. Registration, midwives 4 1 510 kept by state commissioner of health 4 7 512 presumptive evidence 4 7 512 required 4 3 l>j.O Removal: of articles contaminated with infective material 2 14 482 of cases of communicable disease 2 13 482 Index 589 Removal — continued Chap. Reg. Page or isolation in certain cases 2 32 *S8 or isolation in smallpox 2 30 4S7 to hospital from lodging house, etc 2 33 4S8 Renewal of permit to sell milk and cream 3 1 500 condition of renewal 3 6 502 Reporting cases of communicable disease: by physicians 2 2 478 in institutions, by superintendent or person in charge 2 3 47S on dairy farms, by physicians or health officer 2 8 4S0 Reporting cases of disease presumably com- municable: in camps, by nurse or person in charge ... 2 6 479 in hotels, boarding and lodging houses, by proprietor or keeper 2 5 479 in schools, by teacher, principal or person in charge 2 4 479 on dairy farms, by owner or person in charge 2 9 4S1 on vessels, by master or person in charge. 2 7 480 Reporting food poisoning, by physician, superintendent or person in charge, and by health officer 2 41 492 Reports, monthly, of health officers, required. 7 7 523 Restaurant, handling of food forbidden in certain cases 2 39 491 Revocation of midwives' license 4 9 512 permit to sell milk and cream 3 1 500 Sanitary supervisor score dairy 3 5 501 3 6 502 Scarlet fever: a communicable disease 2 1 477 destruction of foods in certain cases 2 38 491 destruction of furniture, clothing, etc 2 47 496 distribution of circulars 2 19 484 duties of undertakers 2 52 498 exclusion from schools and gatherings ... 2 27 4S6 exclusion of children of households 2 28 487 exposure of persons affected with 2 24 4S5 handling of foods forbidden in certain cases 2 39 491 instructions as to disinfection of discharges 2 17 484 letting of rooms forbidden until cleansed.. 2 49 496 maximum period of incubation 2 35 4S9 minimum period of isolation 2 36 490 needless exposure to 2 25 486 590 Index Scarlet fever — continued Chap. Reg. Page posting 1 placards 2 20 485 precautions by physicians and attendants.. 2 18 484 public funerals forbidden 2 53 499 quarantine in certain emergencies 2 34 489 removal of articles 2 14 482 removal of cases 2 13 482 removal to hospital from lodging houses, etc. 2 33 488 reporting on dairy farms 2 8 4S0 removal to hospital or isolation, etc 2 32 488 sale of foods forbidden in certain cases ... 2 37 490 Schools : exclusion of cases of disease presumably communicable 2 26 486 exclusion from schools and gatherings — certain communicable diseases 2 27 486 exclusion of children of households 2 28 487 persons affected with chickenpox, German measles, mumps, or whooping cough 2 29 4S7 reporting cases of disease presumably com- municable 2 4 479 Scoring: and rating: dairy farms 3 4 501 grade of milk produced, score 3 13 505 506 507 508 for issue of permit to sell 3 4 501 renewal of permit to sell 3 6 502 per cent, of score 3 5 501 protest of score, sanitary supervisor 3 5 501 3 6 502 substitute for bacteria count 3 13 509 Score card for dairy farms, form used 3 4 501: Sealing-, pasteurized milk 3 12 504 Smallpox: a communicable disease 2 1 477 adults to be quarantined 2 12 481 control of contacts 2 30 48S destruction of foods in certain cases 2 38 491 destruction of furniture, clothing, etc 2 47 490 distribution of circulars 2 19 4S4 duties of undertakers 2 52 498 exclusion from schools and gatherings 2 27 4S6 exclusion of children of households 2 291487 exposure of persons affected with 2 24 485 Instructions as to disinfection of discharges. 2 17 4S4 isolation or removal 2 30487 Index 591 Smallpox — continued Chap. Reg. Page letting of rooms 2 49 490 maximum period of incubation 2 35 4S9 minimum period of isolation 2 36 490 needless exposure to 2 25 4SG precautions by physicians and attendants.. 2 18 484 provision for free vaccination 2 31 4SS posting placards 2 20 4S5 public funerals forbidden 2 53 499 removal of articles 2 14 4S2 removal of cases 2 13 4S2 reporting on dairy farms 2 8 4S0 sale of foods forbidden in certain cases.... 2 37 490 Spitting in public places forbidden 7 1 520 Standard of pasteurization 3 12 501 State commissioner of health: declare existence of epidemic 2 50 497 inoculation with living bacteria 2 43 493 Inspection of laboratories 2 44 494 laboratory approved 2 10 481 laboratory for bacteria count approved 3 13 509 license midwives 4 1 510 may make supplementary rules 4 11513 may order destruction of food 2 38 491 may revoke license to practice midwifery.. 4 9 512 may revoke permit for sale of milk or cream 3 1 500 may revoke labor camp permit 5 6 512 monthly reports to, by health officers 7 7 523 notice to presiding officer to convene board to take action on nuisance 6 5 520 placarding of common carriers 2 51 498 ports or landings designated by 2 7 480 prescribe form : application for permit to establish labor camp . . ... 5 6 514 to sell milk * . . 3 2 500 for midwife's license 4 4 510 score card for dairy farms 3 4 501 . register midwives, to be kept by 4 7 512 revoke midwife's license for cause 4 9 512 • report to, of communicable disease on dairy farm 2 S 480 of food poisoning 2 41492 Supplementary regulations : power of local aiithorities 3 14 509 ; of midwives made by state department of health 4 11 513 592 Index Chap. Reg. Page Term of midwife's license 4 8 513 Time of taking effect: milk regulations 3 15 509 midwife regulations 4 12 513 Time limit for delivery of milk, see grades of milk, 395, 306, 397, 308. Trachoma : a communicable disease 2 1477 exclusion from schools and gatherings 2 27 4S6 Transportation of dead bodies by common carriers 7 9 524 Tuberculosis: a communicable disease 2 1477 apparent cases, report of 2 42a 493 duties of physicians and others 2 42 492 register, identity of persons not to be divulged 7 8 523 local health officers authorized to permit inspection of, in certain cases 7 8 523 Tuberculin test for cows 3 13 504 3 13 503 Typhoid fever: a communicable disease 2 1477 carriers of disease germs 2 40 402 destruction of foods in certain cases 2 38 491 distribution of circulars 2 19 484 handling of food forbidden in certain cases. 2 39 491 instructions as to disinfection of excreta.. 2 16 4S3 removal of articles 2 14 4S2 reporting on dairy farms 2 S 4S0 sale of food forbidden in certain cases 2 37 400 Type on milk bottle caps, see caps. Typhus fever: a communicable disease 2 1477 distribution of circulars 2 10 484 duties of undertakers 2 52 498 exposure of persons affected 2 2\ 4 S3 letting of rooms forbidden 2 49 49