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 1885
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Ni¥Cy°RK (STATE> LAWS, STATUTES,"^

 AN ACT
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                              AN   ACT

      For the  preservation of the  public  health, and  the  registration of
                                   vital statistics.
                 [Chapter 270. Passed May 13,1885 ; three-fifths being present.]

        The People of the State of New  York, represented in  Senate  and Assembly, do
      enact asfolloios:
        Section 1.  It shall be the duty of the common council, upon the nomination of
      the mayor of every city in  this State, except in the cities of  New York, Buffalo,
      Albany and Fonkers and Brooklyn, which are hereby excepted, from the operation of
      this act, to appoint a board of health for  such city, to consist of six
      persons who are not members of said council (one of whom, at least, p.onstlt":
                                                                      ' tion of City-
      shall be a competent physician), who shall be nominated and appointed Boards of
      as follows : two persons for a term  of one year ; two persons for a
      term of two  years; and two persons  for a term of three years.   The mayor
      of such city shall  be a member ex-offlcio  of  such  board of health, and  shall be
      president thereof.   The said board of health, when duly organized, shall appoint
      a competent physician (not a member of such board), who  shall be health  officer
      for such city.   Upon the expiration of the term of office of any member of the
      board of health, appointed as herein provided,  his successor  shall be nominated
      and  appointed in  like manner for  the term of three years ;  and the  said mayor
      and common council shall also have power to fill any vacancy caused in such
      board  >f health by the  death, resignation or removal from the  city of any mem-
      ber thereo7.   And it  shall  be the duty of the trustees of every incorporated vil-
      lage in this State to appoint, once in each year,  a board of  health of such village,
      to consist of  not less than three nor more than seven persons (who  are not vil
      lage trustees), who shall hold office for one year, or until their successors  shall
      have been  appointed.   The said  hoard of health thus constituted shall
      elect a pret' 'ent, and  appoint a competent physician (not a member of Boards of
      such board) to be the health officer of such village.   This section shall villaSes-
      not be construed to remove any  of  the  existing boards of health in  any of the
      cities or villages of this State, but  the  successors of such boards  shall be ap-
      pointed as  in this section provided.
       § 2. It shall be  the duty of the supervisor, the justices of the peace and the
      'iwn clerk in each town in this State, to meet in their respective towns within
      jirty days from the date of the town election in each year and elect a „
     citizen of  such town of full age, who with  them  shall  constitute  the ship and
     board of health for such town for one year or until their successors are tion of
     chosen.   The said  board of health shall appoint some competent phy- g^",^ OI
     sician, not a member of said board, to be the  health officer  for such Health.
     town.  If in any case a vacancy shall occur in  the board  of  health of any city,
     village or  town, by the death, resignation, inability  to act or  removal from  said 
2
 city, village or town  of any member thereof, and if the proper  authorities, by
 inability, neglect or refusal, fail to fill such vacancy,  it shall  be the Tempo-
 duty of the county jucfge of the county in which such  city, village  or oies}low
 town is situated, upon being satisfied that such vacancy  should be filled Ailed.
 without delay, to appoint in writing a competent person to fill such vacancy for the
 unexpired term.  The written appointment to aboard of health made by a county
 judge under this section shall forthwith be filed in the office of the clerk of the
 county in which said  board  of health is  located.   Notice of the membership and
 organization of all  boards of health in this  State and  of all changes that may
 from time to time occur therein shall  be given forthwith to the State Board of
 Health.
   § 3.  The several boards of health now organized  in any city, village  or  town
 in this State (except in the cities of New York, Brooklyn and Buffalo), Powers
 and the several boards of  health constituted  under this act shall have of Health8
 power and it shall be their duty :                                    Boards.
   1. To meet at'stated intervals in their respective cities, villages and  towns;
 also, whenever the State Board of Health, or the president and secretary thereof,
 shall, by  notice to  the  presiding officer of any city, village or town
 board  of  health, reqitest him to convene such board to take  certain to  meet-
 definite proceedings upon matters concerning which the said State Board ingS-
 of Health,  or its president  and  secretary,  shall  be  satisfied that the action
 recommended by them is necessary for  the public good, and is  within the juris-
 diction  of such board of health.  Any  willful violation of  any lawful instruc-
 tion of  said State Board of Health shall be a  misdemeanor.
   2. To prescribe the powers and duties of the local health officer, who shall act
 as executive officer of the board ;  to direct him from  time to time in
 the performance of  his  duties,  and to fix the compensation he shall to health d
 receive.                                                           officer.
   3. To guard against the introduction  of contagious  and infectious In refer-
 disease, by  the exercise of proper and vigilant medical  inspection and contagious
 control of all persons  and  things arriving in such city, village or town ^"usdis-"
 from infected places, or which, for any cause, are liable to communicate cases.
 contagion ; to require the isolation of all persons and things infected with
 or exposed to contagious or infectious diseases, and to provide suitable To provide
 places for the reception of the same;  and, if necessary, to furnish medi- treatment
 cal treatment and care for sick persons  who  cannot otherwise be pro- forsick-
 vided for ; to prohibit and prevent all intercourse  and communication To regu-
 with or use of  infected premises, places and  things; and to  require '?te ,s"Ja-
                                                              *    * tion oi H.ncl
and, if necessary,  to provide the means for the thorough purification intercourse
and cleansing of the same before general intercourse  therewith, or use fecte^per-
thereof, shall be allowed.  And it shall be the duty of every such s?nf anti
board of  health to report to the State  Board of  Health promptly
facts which relate to infectious and epidemic  diseases, and  every case To report
of small-pox or varioloid occurring within  its jurisdiction;  and to \? ft&te
provide at stated  intervals a suitable  supply of  vaccine virus of  a Health.
quality  or from a source approved  by the State  Board of Health ;  and during
the  existence of an actual epidemic of  small-pox, said local board of  health
 shall obtain fresh supplies  of  said virus  at  intervals not  exceed
ing  one week, and  shall  at all times  provide  thorough  and safe To Prov'de
vaccination  for all  persons within its jurisdiction who may need the vacciua-°.
same.                                                              t'on • 
    4.  To receive  and examine into the nature of complaints made by To receive
  any of  the inhabitants concerning nuisances, or causes of danger or in- plaints of
 jury to life and health within  the limits of its jurisdiction ; to enter ants!"1"
  upon or within  any place or premises where  nuisances or conditions
  dangerous to  life and health are known or believed to exist, and by appointed
  members or persons to inspect and examine the same ; and all owners, agents and
  occupants shall permit such sanitary examinations ;  and said board of To
  health shall furnish said owners, agents  and occupants a writteu state upon
  ment of results or conclusions of such examinations ; and every such andp'laces
  Board of Health shall have power, and  it shall  be its  duty, to order f°Lsl"!"
  -           .                                            *          Lciry GXdiii-
  the suppression and removal of  nuisances and conditions detrimental ination.
  to life and health found to exist within the limits  of its jurisdiction.
    5. To supervise  and make complete  the registration of all  births, To super-
  marriages and deaths occurring within the limits  of its jurisdiction compete
  in accordance  with the  methods and forms prescribed by the  State lhe FeK's-
                                                                    tration of
  Board of Health, and to secure the  prompt forwarding of the certifi- vital sta-
  cates of birth, marriage and death to the State Bureau of Vital Statistics
 after local registration ; and in  so  completing  the said registration  the  cost
 thereof shall be a charge upon such city, village or town, and shall not exceed  fifty
 cents for each completely verified and registered  record of birth, mar-
 riage or death.   And to  secure the completeness of  the said registra- record not
 tion it shall be the duty of  the parents or  custodian of every child, and fi°tyXeent!L
 the groom at every marriage, or the clergyman or magistrate perform- Duty of
 ing the ceremony,  to  secure the return of the record of such birth or parent? or
  0             J                                                  custodians
 marriage to the Board of Health  or person designated by them within grooms,
 thirty days from the date of such birth or marriage, and each record rnagis-   '
 shall be duly attested  by the  physician or midwife (if any) in  atten- p^ysfcian
 dance at such birth, or the clergymau or  magistrate officiating at such and mid-
 marriage. And it shall be  the duty of the health  officer  of  every such
 Board of Health to receive  and examine and secure the registration of all certifi-
 cates and records  of death and causes of death and findings of coroners' juries, and
 said Board of  Health shall designate the persons who shall grant burial permits for
 the burial of  the dead, and transit permits for  the transportation of  the dead
 bodies of persons which are to be carried for burial beyond the  limits of the
 county where the death occurs ; and it shall be the duty of the under-
                                                                    Under-
 taker, sexton  or other  person having charge of the body of any dead taker to
 person to procure a record of the death  and its  probable cause duly record of
 certified by the physician  in attendance on the  deceased  during  his death.
 last illness or  by the  coroner where  an inquest  is required by law ; No burial
 and there shall be no burial nor removal of the body of  any dead per without
 son until said  duly certified  record shall have been  presented  to  the permit.
 Board of Health or  person designated by them, and until thereupon a permit for
 burial or transit shall have  been obtained.  And  the said Board  of Health shall
 prescribe sanitary regulations for  such burials  and removals of the dead.   It
 shall also be  the  duty  of every such  Board of Health to  provide  for
 obtaining copies  of  the said registered records of births, marriages transifript
 and deaths, and for the amount and payment  of fees for such copies. °f records
 Such copies,  duly attested by the local registering officer, and verified /dcteevi-
                                                                    dCDCG
transcripts from the records preserved  in the State Bureau of  Vital
Statistics shall be  admitted  in all the courts of this State as prima facie evidence 
4
of the facts therein set forth.   Tf in any place in this State, the  State Board of
Health ascertains that the said registration of births, marriages and deaths is not
completely  and well  made, said State  Board shall notify the  local gtafce
Board of  Health in  such  place, that within one month from the date Board of
                         r    '                                  , , Health
of such notice, said defects and neglect in the records must be amenaea snau  take
and prevented.  If at  the expiration of the  time mentioned the said £emedy
defects and neglect are not overcome and prevented by the said  local neglects
authorities,  it shall be the duty  of the said  State Board  of Health to force coin-
take control of the said records, and  enforce the rules and regulations ^ tjme."
with reference thereto, and secure their completeness and  proper regis-
tration within the  limit of  cost hereinbefore specified, and to continue such con-
trol until the said local Board  of Health  shall  satisfy the said State  Board of
Health that they will actually make  the said records and registry complete as re-
quired by law.  Any person neglecting  or refusing to make out or file for regis-
tration any record as aforesaid, and  any person causing, permitting or
assisting in the burial or removal of  any dead body,  unaccompanied by refusal to
a permit for such burial or removal, duly issued by the local Board of OI fl(e a
Health having: jurisdiction  where the death occurred, and any officer or record, or
            6 J                                                  .  'be burial
board  that  shall neglect or refuse  to register and  preserve the said or removal
records and forward the certificates to the State Bureau of Vital Statis- body  a
tics as above required shall be deemed guilty of a misdemeanor and may J^eanor
be prosecuted in any court of competent jurisdiction.
  6. To make, and  from time  to time to publish,  in  such manner as Orders and
to secure early and full publicity thereto, all such orders and regulations £f(fnSilt~0 De
as they shall think necessary and proper for the preservation of  life published.
and health and the successful operation of this law ; and to make, without publi-
cation thereof, such orders and regulations  in special or individual cases, not of
general application,  as they may see fit concerning the suppression and removal
of nuisances, and concerning all other matters in  their judgment detrimental to
public health, and to serve copies thereof upon any occupant or occupants  and
the owner or owners of any premises  whereon any such nuisances or other mat-
ters aforesaid  shall exist, or to post the same in some conspicuous place on  such
premises.
  7. To issue warrants to any constable or police of their respective cities,
villages and towns, to apprehend and remove such persons as cannot issue war-
otherwise be subjected to the orders  and regulations by them adopted; rants-
and whenever it shall be necessary to  do so, to issue their warrant to the  sheriff
of their respective counties to bring to  their aid the power of the county ;  all
which warrants shall be forthwith executed  by the  officers to whom they  shall
be directed,  who shall possess the like powers and be subject to the like  duties
in the execution thereof, as if  the same had been duly issued out of any court of
record in this State.
  8.  To employ all  such persons as  shall be necessary to enable  them Emplov-
to carry into effect the orders  and regulations they shall have adopted mentof
                                                                   3.**GQtS
and the powers vested in them by this act, and to fix their compensation.
  9. To impose penalties for the  violation of, or non-compliance with Health°f
their  orders and regulations, and to maintain actions in  anv court, of ,nayim-
                                                                   pose pen-
competent jurisdiction to  collect such  penalties, not  exceeding  one a't,es or
hundred dollars in  any one  case, or  to restrain  by injunctions  such violations
violations, or otherwise to enforce such orders and regulations.       tion11''11"0" 
5
  § 4. Every  person who shall willfully violate or refuse to obey any order or
 regulation made and published by the Board of  Health of any city, village or
 town in this State, or any order made and served, or posted as afore violating
 said,  shall  be deemed guilty  of  a misdemeanor, and on  conviction orders of
 .1     .  .  „ ,    , .     -      .    .           ,,.,,.      the Board
 tnereot shall be subject to fine  or imprisonment, or both, in the discie- a nrisde-
 tion of the  court, such fine not to exceed one thousand dollars nor such raeaDOr-
 imprisonment six months. And in  any case of non-compliance with any Penaltv-
 order or regulation which shall  have been served  or  posted, as  provided in sub-
 division six of section three of  this act, the said board or its servants  or employ-
 ees may  lawfully  enter upon  any  premises to which such order or
 regulation relates, and suppress or remove the nuisance or other matters enter upon
 in the judgment of said  board detrimental to the public health men- andl'up-
 tioned in such order or regulation, and  any other nuisance or matter press nui-
             .           °                J                         sances.
 of  the description aforesaid  found there existing;  and  the expense
 thereof shall  be a charge upon the  occupant  or any or all of  the  occupants
 of  said premises, or upon the person  or persons who  have  caused or  main-
 tained the nuisance or other matter of the description aforesaid,  and may be sued
 for and recovered with costs by said board in the name of such board in any court
 having jurisdiction.   Whenever execution upon any  judgment  so obtained shall
 have been returned wholly or in part unsatisfied, said judgment, for the amount
 so  unsatisfied, shall  be a lien  upon said premises, having preference Unsatis-
 over  all other liens or incumbrances whatsoever.  But in  order to ^fenJtua g"
 acquire such  lien,  such  judgment, if in  a  court not of  record, shall lien upon
 _   ,    ,     ,  ,   , .   ,          ,      ,           ,,         the prem-
 nrst have been docketed in the same place and manner as by law now ises.
 required to make judgments in such courts  liens  upon real estate.   And when-
 ever  any lien  upon any premises shall have become fixed as aforesaid, the said
 board may  cause  the said premises to  be sold at public auction, for
 a term of time,  for the pavment and  satisfaction  of such lien, and ^a,e °.i
                         r •                                        premises
 the  expenses of  such sale,  giving  notice of such  sale for twelve at public
    ,             ,        .      11.                           auction.
 weeks successively, once in  each week,  in  one or more newspapers
 published in  the  city, incorporated  village or town where the  premises are
 situated, as the case may be ; or if no newspaper be published in such village or
 town, then in  the newspaper published  nearest said premises,  and  also serving
 a copy of such  notice of sale personally on the  owner or agent of said prem-
 ises, if known, and a resident of said city, village or town, at least fourteen days
 previous to such sale, or by depositing the  same in the post-office, directed to
 such owner or agent at his place of  residence if known, or the nearest post-office
 thereto, at least twenty-eight days previous to such sale.  And the said premises
 shall be sold to the person who shall offer to take the same for the shortest time,
 paying the amount remaining unpaid upon such judgment, with interest, and the
 expenses of such notice and sale.  A certificate of  such sale, signed by Certificate
 the president  and countersigned by the secretary  of  such board, shall of sale.
 thereupon be made and delivered to the purchaser, and may be  recorded in like
 manner and with like effect as deeds of  conveyance of lands, and  thereupon the
 purchaser, his heirs or assigns, shall be entitled to the possession of said premises
 so sold as aforesaid, and if unoccupied may immediately enter, and if occupied
 may have remedy against any  occupant by action  or  by summary proceedings as
 against a tenant holding over after expiration of his term ; and in case the costs of
 such action or proceeding shall not be collected by such purchaser of the defendant
therein, the same shall be a lien upon said premises, having the like preference
as the lien aforesaid, and the term of the said purchaser shall  be extended during 
6
a time bearing the same  proportion to the original term as the amount of such
cost bears  to the amount  paid  by such purchaser on such sale.  And such term
shall commence when  such purchaser shall have acquired possession.  At any
time  after  such sale and  within  six  months after the recording of such certifi-
cate as aforesaid, the owner or any lienor or incumbrancer of such premises, or of
any part thereof, may redeem by paying to the purchaser the amount paid by him
on such sale, and  all costs and expenses  he may have incurred in any action or
proceeding as aforesaid, to obtain possession, with ten per  cent interest  thereon.
If such redemption be made by the owner, the right of the purchaser  shall be
extinguished ; and if by such lienor  or incumbrancer, the amount  paid by him
to redeem  shall be added to his lien or incumbrance, or if he have more than
one, to the  oldest, and shall thenceforth partake of the nature  thereof and be
collectible  by any remedy adapted thereto.
  § 5. All expenses incurred by the  several boards  of health in the ExP^ns^
execution and performance of the duties imposed by this act shall be a of Health
charge only on their respective  cities, villages and towns ; and  shall be town, vil-
audited, levied, collected  and  paid in the same manner as  other hise or
city, village and  town  charges are  audited, levied,  collected  and charge,
  .,                                                               how  audi-
Pald-                                                               ted and
  § 6. Whenever any pestilential, or  infectious or contagious disease paid-
shall exist  in any  county poor-house in this State, or in  the  vicinity  of Persons
any such county poor-house, and the physician of such county poor- fectious0-
house shall certify that such pestilence or disease is likely to endan- disease
    ii,,-,                   ,      ,      ,       ,          may be re-
ger the health of the persons supported at such  poor-house, the super- moved
intendent of such  county poor-house  shall have  power to cause the c00u™ty
persons supported at such  poor-house, or any of them, to be  removed poor-
to such other suitable place in the same couuty as shall be designated by
the Board of Health of the city, town or village within which such poor-house shall
be situated, there to be maintained and provided for at the expense of the county,
with all necessary medical care and attendance, until they shall be safely returned
to the county poor-house  from  which  they were  taken,  or otherwise discharged.
  | 7. Any legally organized Board of Health in an incorporated village,  which
comprises  parts of several towns, or less  than  a whole town, shall have full
authority in regard to all  matters relating to public health within said
village, and such village shall not be subject to the sanitary regulations Boards
or health  officers  of  the township or towns within which such vil- Hlld vil~
i     -i.i        i  n  .i   x   , i            „                   lages not
lage is  located ; nor shall  the taxable property of  any such villao-e taxed to
while maintaining its own Board of Health, be subject to taxation for town^ani-
maintaining any town Board or Boards of Health, or for any expendi- !iary
tures authorized  by such town boards ; but such expenditures of the ments, nor
town Boards of  Health shall be assessed and collected  exclusively on support"
property in the town outside of said village.  But nothing in this act shall r n'A"?
be construed to prevent the boards of health of two or more towns adia- Health
cent to each other or of towns and villages therein situated from unit- work. 6IF
ing in a combined sanitary and  registration district by the appointment
of  one health  officer  and  registering officer for such  district, whose Fo^com-11
authority in all matters of general application shall be derived from the ^'"^san-
several  Boards  of Health  having jurisdiction  within  such district • ree'stra-
and in  special cases, not  of general application, arising within the tricts.'9
jurisdiction of any such Board of Health the said officers shall derive their author-
ity  from such board alone.   Such  combined districts shall  be formed subie t
to the approval of the State Board of  Health. 
7
  § 8. Any duty prescribed "or enjoined by  this act upon  any local  Board of
Health, or  any member or officer thereof, or upon the common council state
of any city or any member thereof, or upon the board  of trustees of enfa0rrceQay
any village or any member thereof, or upon any officer of any city, vil- dut>: uPon
lage or town may be enforced by a mandamus at the  instance of the Boards by
State Board of Health, its  president, secretary or any member thereof.  mus.
  § 9. Chapter one hundred  and fifty-two of the laws of eighteen hundred and
forty-seven, chapter three hundred and twenty four of the laws of eighteen hun-
dred and fifty  and the several acts amendatory thereof, chapter five hundred and
twelve of the laws of eighteen hundred and eighty, except subdivision thirty-four
of section one of said act, and all  other acts or parts of  acts, general or special,
inconsistent with the provisions of this act are hereby repealed. 

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WA N567ab 1885




0021143
NLfl  DS13D7D0  3
NATIONAL LIBRARY OF MEDICINE
NLM051307003