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FROM 
Public Health Law 
FOR THE GUIDANCE OF 
LOCAL BOARDS OF HEALTH. 
(CHAPTER 661 OF THE LAWS OF 1893.) 
ARTICLE I. State Board of Health. 
II. Local Boards of Health. 
III. Adulteration. 
IY. Tuberculosis and Glanders. 
Y. Potable Water. 
XII. Miscellaneous Provisions, Sections 200 to 210 
NOTE.— Section 20 is as Amended by Chapter 282, Laws of 1897. 
Section 21 is as Amended by Chapter 928, Laws of 1895. 
Section 22 is as Amended by Chapter 1 38, Laws of 1897. 
Section 29 is as Amended by Chapter 1 69, Laws of 1 897. 
Sections 62 and 63 are as Amended by Chapter 674, Laws of 1894. 
Article XU is Amended by Adding Section 207a, Chapter 302, Laws 
of 1896. 
ALBANY: 
THE BRVNDOW PRINTING CO , 
Department Printers. 
1897. MEMBERS OF THE STATE BOARD OF HEALTH. 
DANIEL LEWIS, M. D New York city. 
GEO. B. FOWLER, M. D.... New York city. 
S. CASE JONES, M. D Rochester. 
FRED’K W. SMITH, M. D... Syracuse. 
Hon. OWEN CASSIDY Montour Falls. 
Hon. FRANK E. SHAW Moons. 
Ex-Officio Members. 
Hon. T. E. HANCOCK Attorney-General. 
IIon. C. W. ADAMS State Engineer and Surveyor. 
A. H. DOTY, M. D Health Officer, Port New York. 
Officers of the Board. 
DANIEL LEWIS, M. D President. 
BAXTER T.SMELZER, M.D. Secretary. 
THOMAS A. STUART Assistant Secretary. 
Office of the Board at Albany, IS". Y. PUBLIC HEALTH LAW. 
ARTICLE I. 
State Board of Health. 
Section 1. Short title. 
2. State board of health. 
3. Officers; meetings; by-laws. 
4. General powers and duties of board. 
5. Duties with respect to vital statistics. 
6. Nuisances. 
7. Overflow of water from the canals. ' 
8. Employment of local boards and experts. 
9. Examination and inspection of public works. 
10. Acquisition of land by state board. 
11. Power of state board where municipality fails to establish 
board of health. 
12. Annual report. 
Section 1. Short title.— This chapter shall'be known as the 
public health law. 
§ 2. State board of health.— There shall continue to be a 
state board of health of nine members, three appointed by the 
governor, by and with the advice and consent of the senate, 
to be known as health commissioners, to hold office for three 
years; three ex-officio members, consisting of the attorney- 
general, the state engineer and the health officer of the port 
of New York, and three members to be designated and appointed 
by the governor, one of whom shall be a health commissioner 
of the board of health of New York city, and two to hold 
office for three years each, who shall be members or commis- 
sioners, or who shall have been members or commissioners of 
health of regularly constituted and organized boards of health 
of the other cities of the state. The appointment to or accept- 
ance of office under this section shall not be deemed to vacate 
any office held by the person appointed in any board of health 
of any city of the state. 4 
§ 3. Officers; meetings; by-laws.— The board shall elect annu- 
ally from its members a president. It shall elect a person of 
skill and experience in public health duties and sanitary science, 
to be the secretary and chief executive officer of the board. He 
shall hold office for three years, but may be removed by a 
majority vote of the board for cause after a hearing had. He 
shall keep a record of the acts and proceedings of the board, 
perform and superintend the work prescribed for the state 
board in this chapter, as directed by said board and discharge 
such other duties as the board may direct. He shall receive 
an annual salary of four thousand five hundred dollars and his 
necessary expenses. No other member of the board shall re- 
ceive any compensation, except his actual traveling or other 
expenses. The board shall employ such clerical and other 
assistance as it may require and for the payment of which 
the legislature may have made provision. The board shall have 
an annual meeting at Albany in the month of May, and meetings 
during the year whenever deemed necessary by it, and as often 
at least as once in three months. Five members shall con- 
stitute a quorum. The board shall adopt by-laws for the 
transaction of its business, and provide for the appointment of 
committees, and delegate to them power and authority to do 
the work committed to them. 
§ 4. General powers and duties of board.— The state board 
of health shall fake cognizance of the interests of health and 
life of the people of the state, and of all matters pertaining 
thereto. It shall make inquiries in respect to the cause of 
disease, especially epidemics, and investigate the source of 
mortality, and the effect of localities, employments and other 
conditions, upon the public health. It shall obtain, collect and 
preserve such information relating to mortality, disease and 
health as may be useful in the discharge of its duties or may 
contribute to the promotion of health or the security of life 
in the state. It may issue subpenas, compel the attendance of 
witnesses, administer oaths to witnesses and compel them to 
testify in any matter or proceeding before it, or any member of 
the board authorized by its order to hear or investigate any 
such matter or proceeding, 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 
state board of health may reverse or modify an order, regula- 
tion, by-law or ordinance of a local board of health concerning 5 
a matter which in its 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. Every member of such state 
board and every person authorized by it so to do, may, without 
fee or hindrance, enter, examine and survey all grounds, erec- 
tions, vehicles, structures, apartments, buildings and places. 
§ 5. Duties with respect to vital statistics.— The board shall 
have the general supervision of the state system of registration 
of births, marriages, deaths and prevalent diseases, and shall 
maintain at the capital a state bureau of vital statistics. It 
shall prescribe and prepare the necessary methods and forms 
for obtaining and preserving such statistics, and to insure the 
prompt and faithful registration of the same in the several 
municipalities and in the state bureau. It shall from time to 
time recommend such forms and such amendments of law as 
shall be deemed necessary for the thorough organization and 
efficiency of registration of vital statistics throughout the state, 
as supervised by such board, the clerical duties and safe-keeping 
of the state bureau shall be provided for by the comptroller 
who shall also provide and furnish such stationery as such 
board shall require in the discharge of its duties. If defects 
exist in any registration under the supervision of a local board 
of health, the state board shall notify the local board that such 
defects must be amended and prevented within one month from 
the date of the notice. If such defects are not so amended or 
prevented, the state board shall take control of such registration 
and the record thereof, and enforce the rules and regulations 
in regard thereto, and secure a complete registration in such 
municipality, at the same cost to the municipality as if done 
by the local board, and such control shall continue until the 
local board satisfies the state board that it will make such 
record and registry complete, as required by .law. A copy of 
any record or registry in the office of the state board, duly 
certified by the president or secretary of the board to be a 
true copy thereof, shall be presumptive evidence in all courts 
and places of the facts therein stated. The board shall pre- 
scribe and prepare the necessary methods, forms and rules 
regulating the issue of transfer permits, by local boards of 
health, for the transportation of corpses for burial outside of 
the county where death occurred and the use of such permits. 
It shall require a coupon to be attached to every such permit 6 
to be detached and preserved by every common carrier, or per- 
son in charge of any vessel, car or vehicle, to whom any such 
corpse shall be delivered for transportation. 
§ 6. Nuisances.— The state board of health shall have all neces- 
sary powers to make examinations into nuisances, or questions 
affecting the security of life and health in any locality. When- 
ever required by the governor of the state, it shall make such an 
examination and shall report the results thereof to the governor, 
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 state, 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 existence of such 
nuisance; and the governor may, by a precept 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 abate- 
ment, shall be lawful and justifiable and the order of the gov- 
ernor 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 persons, 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 discharging from any of the canals of the state, 
through water gates, spillways or otherwise, shall overflow adja- 
cent lands, or any creek or stream receiving such waters, or col- 
lect in stagnant pools along the canal or any such cVeek 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 written complaint thereof under oath to the state board 
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 existed, which shall be accom- 
panied by a verified certificate of a practicing physician of the 
vicinity, stating the facts known to him, pertaining to the alle- 
gations of the complaint. Upon receipt of such complaint, the 7 
state board of health shall forthwith examine into the facts and 
circumstances therein set forth, and may call on the state engi- 
neer to make such surveys as they may require for their infor- 
mation, who shall make the same without delay, and if such 
board shall be satisfied that such disease or sickness exists, and 
is caused by waters of the canal escaping or discharging there- 
from, it shall so report to the superintendent of public works, 
without unnecessary delay, who shall forthwith abate the cause 
of such disease or sickness. 
requested by the state board of health, any city board of health 
in this state may appoint one of its members as its representa- 
tive upon the state board during the examination of any 
nuisance, or for the purpose of determining whether a public 
nuisance exists, and such representative shall have power to 
take part in such examination, and shall have a seat in the state 
board and be entitled to take part in all of its deliberations dur- 
ing such examination, but without right to vote. The state board 
may from time to time employ competent persons to render sani- 
tary service, and make or supervise practical and scientific inves- 
tigations and examinations requiring expert skill, and prepare 
plans and reports relative thereto. 
§ 8. Employment of local boards and experts.— Whenever 
§ 9. 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, description, outline, 
drawing or chart thereof or relating thereto, made, kept or con- 
trolled by or under any public authority, shall permit and facili- 
tate the examination, inspection and copying thereof by any 
member of such state board of health, or by any person author- 
ized by it to make such examination or inspection or such copies. 
§ 10. Acquisition of land by state board.— If the state 
board of health or the health officer of the port of New York 
shall certify 1o the commissioners of the land office that by rea- 
son of sudden emergency the acquisition of any land is imme- 
diately 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 purchase or by condemnation, in the name of the 
people of the state of New York, such land as in their judgment 
is necessary and suitable for such purposes. 
§ 11. Power of state board where municipality fails to 
establish board of health.— If any municipal corporation, 8 
authorized by law to establish a local board of health, shall 
omit to do so, the state board of health may, in such munici- 
pality, exercise the powers of a local board of health and appoint 
a health officer thereof and fix his duties and compensation. 
The compensation of such health officer and the expenses law- 
fully incurred by him and by the state board of health in such 
municipality shall be a charge upon and paid by such munici- 
pality until such time as a local board of health shall be estab- 
lished therein, whereupon the jurisdiction of such health officer 
and of the slate board of health conferred by this section shall 
cease. 
§ 12. Annual report.— The board shall annually, on or before 
the first Monday in February make a written report to the gov- 
ernor upon the vital statistics and sanitary conditions and pros- 
pects of the state. Such report shall set forth the action of the 
board and of its officers and agents and the names thereof dur- 
ing the past year, a detailed statement of all moneys paid out 
by or on account of the board and the manner of its expenditure 
during the year, and other useful information, and shall suggest 
any further legislative action or precaution deemed necessary for 
the better protection of life and health. 
ARTICLE II. 
Local Boards of Health. 
Section 20. Local boards of health. • 
i 
21. General powers and duties of local boards of health. 
22. Vital statistics. 
23. Burials and burial permits. 
24. Contagious and infectious diseases. 
25. Nuisances. 
26. Removal of nuisances. 
27. Expense of abatement of nuisances a lien upon the premises. 
28. Manufactures in tenement-houses and dwellings. 
29. Jurisdiction of town and village boards. 
30. Expense, how paid. 
31. Mandamus. 
32. Exceptions and limitations as to cities of New York, Brook- 
lyn, Buffalo, Albany and Yonkers. 
§ 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. In the cities except New York, 9 
Brooklyn, Buffalo, Albany and Yonkers, 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 nomi- 
nation 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. 
The board shall appoint a competent physician, not one of its 
members, to be the health officer of the city. In villages the 
board shall consist of not less than three nor more than seven 
persons, not trustees of the village, who shall be appointed at 
the first meeting of the board of trustees of such village, after 
the next annual election of the village; the members of said board 
of health shall at their first meeting divide themselves by lot 
into three classes, whose terms of office shall expire respectively 
in one, two and three years from the annual election held prior 
to their appointment; from and after the appointment of said 
board as above provided, the appointment of the successors of 
said members shall be made immediately after the annual elec- 
tions of said village and shall continue in office until their 
successors are appointed unless removed therefrom; provided, 
however, that upon failure to appoint such board of health at 
such first meeting such appointment may be made at any subse- 
quent meeting, in the event of no appointment having been 
made by the county judge as hereinafter provided. Every such 
village board shall elect a president and appoint a competent 
physician, not a member of the board, to be the health officer of 
the village. In towns the board of health shall consist of the 
town board and another citizen of the town of full age, annually 
appointed by the town board at a meeting thereof after each 
annual town meeting, for the term of one year from and after 
such towrn meeting and until his successor is appointed. Such 
board of health shall annually appoint a competent physician to 
be the health officer of the town. If the proper authorities shall 
not fill any vacancies occurring in any local board within thirty 
days after the happening of such vacancy, the county judge 
of the county shall appoint a competent person to fill the 
vacancy for the unexpired term, which appointment shall be 
immediately filed in the office of the county clerk, and a duplicate 
thereof filed with the clerk of the municipality for which such 
appointment is made. Notice of the membership and organiza- 
tion of every local board of health shall be forthwith given by 10 
such board to the state board of health. The term “ munici- 
pality,’’ when used in this article, means the city, village or town 
for which any such local board may be or is appointed. 
§ 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 municipality. The presiding officer of 
every such board may call special meetings thereof where in 
his judgment the protection of the public health of the munici- 
pality 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 shall prescribe the duties and powers of the local health 
officer, who shall be its chief executive officer, and direct him 
in the performance of his duties, and fix his compensation. 
Every such local board shall make and publish from time to 
time all such orders and regulations as they may deem necessary 
and proper for the preservation of life and health, and the 
execution and enforcement of the public health law 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 detrimental to the 
public health in special or individual cases, not of general ap- 
plication, and serve coj)ies thereof upon the owner or occupant 
of any premises whereon such nuisances or other matters may 
exist, or post the same in some conspicuous place thereon. It 
may employ such persons as shall be necessary to enable it 
to carry into effect its orders and regulations, and fix their 
compensation. It 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 jurisdiction. It may designate by resolution one of its 
members 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 compelled 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 can not otherwise be subjected to 
its orders or regulations, and a warrant to the sheriff of the 
county to bring to its aid the power of the county whenever 
it shall be necessary to do so. Every warrant shall be forth- 
with executed by the officer to whom directed, who shall have 11 
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 penalties for the violation of or failure to comply 
with any of its orders or regulations, not exceeding one hundred 
dollars for a single violation or failure, to be sued for and 
recovered by it in the name and for the benefit of the munici- 
pality; and to maintain actions in any court of competent juris- 
diction to restrain by injunction such violations, or otherwise 
to enforce such orders and regulations. 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 to the board of trustees of such village, stating and 
recommending what additions or alterations should in the judg- 
ment of such board of health be made with its reasons therefor, 
and thereupon such board of trustees shall immediately convene 
and consider such recommendations, and if approved by such 
board of trustees, the same shall be certified to the state board 
of health for its approval, and if such recommendations shall 
be approved by the state board of health, it shall be the duty 
of the board of trustees of such village to forthwith make such 
additions to or alterations in the sewers of such village and 
execute such recommendation, and the expenses thereof shall 
be paid for by said village in the same manner as other village 
expenses are paid and said village is hereby authorized to raise 
such sum as may be necessary for the payment of the expenses 
incurred, as herein provided, in addition to the amount such 
village is now authorized to raise by law for corporation pur- 
poses, and such board of trustees shall have the right to acquire 
such lands, rights of way, or other easements, by gift, or pur- 
chase, or in case the same can not be acquired by purchase the 
board of trustees may acquire the same by condemnation in 
the manner provided by law. 
§ 22. Vital statistics.— Every such local board shall super- 
vise and make complete the registration of all births, marriages 
and deaths occurring within the municipality, and the cause of 
death and the findings of coroners’ juries, in accordance with the 
methods and forms prescribed by the state board of health, and, 
after registration, promptly forward the certificates of such 
births, marriages and deaths to the state bureau of vital 
statistics. Every physician or midwife attending at the 12 
birth of a child, and no physician or midwife being in 
attendance, the parent or custodian of a child born, and 
every groom, officiating clergyman or magistrate at every mar- 
riage shall cause a certificate of such birth or marriage to be 
returned within thirty days thereafter to the local board of health 
or person designated by it to receive the same, which shall be 
attested, if a birth, by the physician or midwife, if any in attend- 
ance, no physician or midwife being in attendance, by the parent 
or custodian of a child born, and, if a marriage, by the officiating 
clergyman or magistrate. The person making such certificate 
shall be entitled to the sum of twenty-five cents therefor, which 
shall be a charge upon, and paid by the municipality where such 
birth, marriage or death occurred. The cost of such regis- 
tration, not exceeding twenty-five cents for the complete 
registered record of a birth, marriage or death, shall be a charge 
upon the municipality. The charge for a copy thereof shall 
be fixed by the board, not exceeding the same sum 
for a complete copy of a single registered record and the addi- 
tional sum of twenty-five cents if certified to. Such copies shall 
be furnished upon request of any person, and when certified to 
be correct by the president or secretary of the board or local 
registering officer designated by it shall be presumptive evidence 
in all courts and places of the facts therein stated. 
§ 23. Burial and burial permits.— Every such local board 
shall prescribe sanitary regulations for the burial and removal 
of corpses, and shall designate the persons who shall grant per- 
mits for such burial, and permits for the transportation of any 
corpse which is to be carried for burial beyond the county where 
the death occurred. Every undertaker, sexton or other person 
having charge of any corpse, shall procure a certificate of the 
death and the probable cause duly certified by the physician in 
attendance upon the deceased during his last illness, or by the 
coroner where an inquisition is required by law, and if no 
physician was in attendance, and no inquest has been held or 
required by law, an affidavit stating the circumstances, time and 
cause of death, and sworn to by some credible person known 
to the officer granting the permit, and there shall be no burial 
or removal of a corpse until such certificate or affidavit has been 
presented to the local board or to the person designated by it, 
and thereupon a permit for such burial or removal has been 
obtained. When application is made for a permit to transport 
a corpse over any railroad or upon any passenger steamboat 13 
within the state, the board of health, or the officers to whom 
such application is made, shall require such corpse to be 
inclosed in a hermetically sealed casket of metal or other inde- 
structible material, if the cause of death shall have been from 
a contagious or infectious disease. 
§ 24. Contagious and infectious diseases.— Every such local 
board of health shall guard against the introduction of conta- 
gious and infectious diseases by the exercise, of proper and 
vigilant medical inspection and control of all persons and things 
arriving in the municipality from infected places, or which from 
any cause are liable to communicate contagion. It shall require 
the isolation 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 can not otherwise be provided for. 
It shall 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 purifica- 
tion and cleansing of the same before general intercourse with 
the same or use thereof shall be allowed. It shall report to the 
state board of health, promptly, the facts relating to contagious 
and infectious diseases, and every case of small-pox or varioloid 
within the municipality. Health officers of villages and towns 
shall report in writing once a month to the state board of health 
all cases of such infectious and contagious diseases as may be 
required by the state board of health, and for such reporting 
the health officer shall be paid by the municipality employing 
him, upon the certification of the state board of health, a sum 
not to exceed twenty cents for each case so reported; and the 
health officer shall report annually on or before the first day of 
January in each year the number of cases of consumption which 
have existed in his jurisdiction during that year, and for each 
case thus reported he shall receive a sum not to exceed ten 
cents, to be paid in the same manner as the other like charges 
are paid. It shall provide, at stated intervals, a suitable supply 
of vaccine virus, of a quality and from a source approved by the 
state board of health, and during an actual epidemic of small-pox 
obtain fresh supplies of such virus at intervals not exceeding 
one week, and at all times provide thorough and safe vaccina- 
tion for all persons in need of the same. If a pestilential, infec- 
tious or contagious disease exists in any county almshouse or 
its vicinity, and the physician thereof shall certify that such 
disease is likely to endanger the health of its inmates, the 14 
county superintendent of the poor may cause such inmates or 
any of them to be removed to such other suitable 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 the expense of the county, with all neces- 
sary medical care and attendance until they shall be safely 
returned to such almshouse or otherwise discharged. The 
boards of health of the cities of New York, Brooklyn, Buffalo, 
Albany and Yonkers, shall report promptly to the state board 
all cases of small-pox, typhus and yellow fever and cholera and 
the facts relating thereto. 
§ 25. Nuisances.— Every such local 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 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 sup- 
pression and removal of all nuisances and conditions detri- 
mental to life and health found to exist within the municipality. 
Whenever the state board of health or its president and secre- 
tary shall by notice to the presiding officer of any local board of 
health, request him to convene such local board to take certain 
definite proceedings concerning which the state board of health 
or its president and secretary shall be satisfied that the action 
recommended by them is necessary for the public good, and i3 
within the jurisdiction of such board of health, such presiding 
officer shall convene such local board, which shall take the action 
recommended. 
§ 26. Removal of nuisances.— If the owner or occupant of 
any premises fails to comply with any order or regulation of any 
such local board for the suppression and removal of any 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 boards or their servants or employes may enter 
upon the premises to which such order or regulation relates, 
and suppress or remove such nuisance or other matter. The 15 
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 treas- 
urer to its chief fiscal officer, to be held and used as the funds 
of the municipality. 
§ 27. 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 judgment 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, 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 judg- 
ment, and the right of the purchaser to such premises shall 16 
be extended for a longer term, which shall bear the same pro- 
portion 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 incurred 
by him in any action or proceeding to recover possession with 
interest at the rate of ten per cent 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, incumbrance or 
other lien, or if he have more than one to the oldest, and shall 
thereafter be a part of such mortgage, lien or incumbrance and 
enforceable as such. 
§ 28. Manufactures in tenement houses and dwellings.— 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, purses, feathers, artificial flowers or cigars, ex- 
cept 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 workshop is located, or a special inspector appointed 
by such board, of the location of such workshops, the nature 
of the work carried on, and the number of persons employed 
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 in- 
spectors. Such special inspectors shall receive no compensation, 
but may be paid by the board their reasonable and necessary 
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 manu- 17 
facture therein the board shall issue such orders as the public 
health may require, and shall condemn and destroy such in- 
fectious and contagious articles, and may, if necessary to pro- 
tect the public health, revoke any permit granted by it for 
manufacturing 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 manufactured, 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. 
§ 29. Jurisdiction of town and village boards.—A town 
board of health shall not have jurisdiction over any city or 
incorporated village or part of such city or village in such 
town if such city or village has an organized board of health. 
The boards of health of any town and the incorporated villages 
therein, or any two or more towns and the incorporated villages 
therein, may unite, with the written approval of the state board 
of health, in a combined sanitary and registration district, and 
appoint for such district one health officer and registering officer, 
whose authority in all matters of general application shall be 
derived from the boards of health appointing him; and in 
special cases not of general application arising within the juris- 
diction of but one board shall be derived from such board alone. 
When one or more towns and the incorporated villages therein 
unite in one registration district, the registrar of vital statistics 
of such combined district will be required to make separate re- 
turns to the state board of health of village and town certificates 
of births, marriages and deaths. 
§ 30. 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 munici- 
pality are audited, levied, collected and paid. The taxable prop- 
erty of any village maintaining its own board of health shall not 
be subject to taxation for maintaining any town board of health, 
or for any expenditure authorized by the town board of health, 
but the costs and expenditures of the town board shall be as- 
sessed and collected exclusively on the property of the town out- 
side of any such village. 18 
§ 31. 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 instance of the state board 
of health or its president or secretary, or of the local board of 
health, or of its president or secretary, or of any citizen of full 
age resident of the municipality where the duty should be per- 
formed or the act done, 
§ 32. Exceptions and limitations as to cities of New York, 
Brooklyn, Buffalo, Albany and Yonkers.— This article shall 
not be construed to affect, alter or repeal laws now in force 
relating to the boards of health of the cities of New York, 
Brooklyn, Buffalo, Albany and Yonkers, nor the sanitary codes 
duly adopted and now in force in such cities. 
ARTICLE III. 
Section 40. Definitions. "1 
41. Adulterations. 
42. Duties of state board 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. ■» 
Adulterations. 
§ 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, manu- 
facture, produce, compound, brew, .distill, have, sell or offer 
for sale any adulterated food or drug. An article shall be 
deemed to be adulterated within the meaning of this act: 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 standard of strength, 
quality or purity laid down therein. 
2. If, when sold under or by a name not recognized in the 
United States pharmacopeia, but which is found in some other 19 
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. 
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 decomposed 
or putrid or rotten animal or vegetable substance, whether 
manufactured or not, or in the case of milk, if it is the produce 
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 ingre- 
dient 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 compounds which may be now, or from time to time here- 
after, known as articles of food under their own distinctive 
names, or which shall be labeled so as to plainly indicate that 
they are mixtures, combinations, compounds or blends, and not 
included in definition fourth of this section. 
C. In the case of spirituous, fermented and malt liquors, if it 
contain 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 poisonous colors or 
flavors, or other ingredients deleterious or detrimental to health. 20 
If the standard of any article of food or any drug is not estab- 
lished 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 provisions of this article, 
and publish a list of such articles which shall thereafter be 
so exempt. Every person violating 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 board of health in respect to adul- 
terations.— The stale board 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 such appoint- 
ment 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 regulations 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 expi- 
ration of thirty days from such filing. 
§43. Analysis of spirituous, fermented or malt, liquors.— 
The state board of health shall at least once in each calendar 
year cause samples to be procured in the public market or other- 
wise of the spirituous, fermented or malt liquors, distilled, 
brewed, manufactured, 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 
by the secretary of such board, who shall prepare and keep an 
accurate list 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 21 
of such board, and shall not be disclosed or published unless 
upon discovery of some deleterious substance therein prior to 
the completion 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 board, and shall be 
designated and known to him only by its number, and by no 
other mark or designation. 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 by 
the person making the same to the secretary of such board, set- 
ting forth explicitly the nature of any deleterious substance, 
compound or adulteration found therein which may be detri- 
mental 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 manufacturing, hav- 
ing, selling or offering for sale 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 
sita,te board 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. 
§ 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 22 
be used as a beverage or compound 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 fermentation 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 produced from undried 
fruit, artificial flavoring, essence of ether 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 jurisdiction it shall 
be found, and the reasonable expense of such seizure and destruc- 
tion shall be a county charge. 
§ 47. Pure wine defined.— For the purpose of this article, 
pure wine shall be deemed to mean the fermented 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 cent 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 wiue 
shall contain at least seventy-five per cent of pure grape or other 
undried fruit juice. 
§ 48. Half wine and made wine defined; packages, how 
stamped or labeled.— For tlie purpose of this article, any wine 
which contains less than seventy-five and more than fifty per 
cent of pure grape or other undried fruit juice and is otherwise 
pure shall be known as half wine, and upon each and every pack- 
age of such wine manufactured with the intent to sell, or sold or 
offered for sale by any person within this state, if containing 
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;” 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 23 
3% 
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 containing 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 salp within the state, any wine of a 
kind or character, the manufacture, sale 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 wrherein 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 medi- 
cated wines which are put up and sold for medical purposes 
only. 
§ 50. Report to district-attorney.— Upon discovering any 
violations of tlie provisions of the penal code relating to the 
adulteration of foods and drugs, the state board 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 chapter 183 of the laws of 1885, or the acts 
amendatory thereof or supplemental thereto, or of chapter 515 
of the laws of 1889, 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. 24 
ARTICLE IV. 
Tuberculosis and Glanders. 
Section GO. Jurisdiction of state board. 
61. Suppression of tuberculosis. 
G2. Destruction of cattle or animals affected with tuberculosis or 
glanders. 
63. Compensation to owners. 
64. Penalties. 
65. Special committee of state board. 
§ 60. Jurisdiction of state board. — The state board of 
health shall investigate concerning the existence and cause of 
tuberculosis in cattle and the danger to the public health there- 
from, and shall use all reasonable means for averting and 
suppressing such disease. Such board may cause all proper 
information in its possession respecting tuberculosis in cattle 
to be sent to the local board of health nearest to the 
cattle affected, and may add thereto such useful suggestions as 
to the removal of the sources of danger therefrom or as to the 
destruction of such cattle, as to such board may seem proper. 
The local health authorities shall supply to the state board of 
health like information and suggestions respecting the exist- 
ence of tuberculosis in cattle. 
§ 61. Suppression of tuberculosis.— Whenever tuberculosis 
shall be found among cattle in any part of the state, 
the state board of health shall take measures to suppress such 
disease and prevent the spread thereof, and may order all 
persons to take such precautions against the spread of such 
disease as it may deem necessary or expedient. Such board 
may call upon any peace officer in the neighborhood of such 
disease to enforce the orders of such board respecting such 
disease, and to observe and carry out the rules, orders and 
instructions which he may receive therefrom. Such board may 
prescribe regulations for the destruction of cattle affected with 
tuberculosis, for the proper dispensation of their hides and 
carcasses and of all objects which might convey the infection or 
contagion, and for the disinfection of premises, buildings, 
boats, cars, stables and other objects or places from or by 
which such infection or contagion might be communicated. 
The state board of health may employ such medical aid, 
veterinary practitioners and other persons as it may deem 25 
necessary, to assist in the inspection, isolation, destruction or 
disposition of cattle affected with tuberculosis, prescribe rules 
and regulations for such inspectors and employes, and fix their 
compensation. 
§ G2. Destruction of domestic animals affected with tuber- 
culosis or glanders. — Whenever the state board of health 
may deem it necessary for the prevention of the spread of 
tuberculosis in cattle, such board may cause to be killed, any 
animal affected thereby, or which, by contact with diseased 
animals or by exposure or infection or contagion therefrom, 
such board may determine is liable to contract or communicate 
such disease; but no such diseased animal shall be so killed on 
account of tuberculosis unless first examined by a veterinary 
practitioner in the employ of the state board of health, and, if 
desired by the owner, appraised as hereinafter provided. A 
local board of health shall, pursuant to rules and regulations 
prescribed by the state board of health, cause to be killed, every 
horse affected with glanders, found within its jurisdiction, but 
no horse shall be so killed on account of glanders until the 
value thereof be appraised as hereinafter provided. 
§ 63. Compensation to owners.— To determine the value of 
such animal, the comptroller shall designate some competent, 
disinterested person, residing within the judicial district in 
which such animal may be, to act as appraiser, with an ap- 
praiser to be selected by the owner of such animal, who shall 
promptly fix a time when they shall view such animal and shall 
proceed to appraise the value thereof. In case of a disagree- 
ment between the two appraisers, the third appraiser shall be 
selected by them, and the estimate of the value of either two 
of them shall be final. The animal shall be appraised at its 
sound value, provided, however, no single unregistered animal 
shall be appraised at more than sixty dollars; and no horse 
affected with glanders shall be appraised at more than fifty 
dollars. Each appraisal shall be in writing, signed by the 
appraiser or appraisers agreeing, and shall be delivered by them, 
if the animal be suspected of tuberculosis, to the veterinary 
practitioner in charge of such animal, and if the animal be a 
horse affected with glanders, to the secretary of the local board 
of health having jurisdiction thereof. Upon the delivery of such 
appraisal, such animal shall be killed, as hereinbefore provided; 
and if it be killed on account of tuberculosis, the veterinary 26 
practitioner in charge thereof shall forthwith make a post- 
mortem examination of the animal, and if it shall be discovered 
on such post-mortem examination that the animal was affected 
by tuberculosis, the owner of the animal shall be entitled to 
receive one-half of the appraised value; provided however that 
not more than sixty dollars shall be paid for a diseased regis- 
tered animal and not more than twenty-five dollars shall be 
paid for a diseased unregistered animal, but if such examination 
of the animal killed on account of tuberculosis discloses that 
the animal was not affected with tuberculosis, the owner shall 
be entitled to receive the full appraised value. The written 
appraisal of the value of an animal killed on account of tuber- 
culosis, and a written statement of the result of the post-mortem 
examination thereof, signed by the veterinary practitioner in 
charge thereof, shall forthwith be transmitted by such veterinary 
practitioner to the secretary of the state board of health, who 
shall file the same in his office. The secretary of the local board 
of health having jurisdiction in the case of a horse affected with 
glanders shall, in case such horse is killed, upon receipt of the 
written appraisal, signed by the appraiser or appraisers, as 
hereinbefore provided, forthwith make and sign a certificate of 
such fact, and transmit such appraisal and certificate to the 
secretary of the state board of health, who shall file the same 
in his office. Upon receipt from the veterinary practitioner, in 
the case of an animal killed on account of tuberculosis, or from 
the secretary of the local board of health having jurisdiction 
in the case of a horse killed on account of glanders, such secre- 
tary of the state board of health shall forthwith make a written 
certificate, signed by him, setting forth the name and post- 
office address of the owner of the animal killed, and the amount 
which such owner is entitled to be paid on account of the 
killing of such animal, and shall forthwith transmit such cer- 
tificate to the comptroller, who shall issue his warrant upon 
the treasurer for the payment to such person of the amount so 
certified, and shall mail the same to such person at his post- 
office address as it appears by such certificate. No compensa- 
tion shall be allowed to any person who shall have willfully 
concealed the existence of tuberculosis or glanders among his 
animals, or upon his premises, or who, directly or indirectly, 
by act or willful neglect, shall have contributed to the spread 
of such diseases or either of them, and no compensation shall 27 
be made under the provisions of this act to any owner, for 
animals killed unless the animal or animals killed shall have 
been actually owned and possessed by the owner thereof within 
this state for a period of three months prior to such condemna- 
tion. The appraisers to be appointed as aforesaid, by the 
comptroller, shall hold office during the pleasure of the state 
board of health. Each appraiser so appointed shall receive as 
compensation the sum of five dollars per day for each day actu- 
ally employed, and shall also be paid his actual necessary 
disbursements, but no claim for services or disbursements shall 
be allowed or paid unless accompanied by a verified detailed 
statement thereof. 
§ 64. Penalties.—Any person refusing to obey or violating an 
order, rule or regulation of the state board of health respecting 
tuberculosis in cattle, adopted pursuant to law, shall be liable 
to a penalty of one hundred dollars, recoverable by the state 
board of health, and applicable to the payment of the expenses 
of such board in carrying out the provisions of this article. 
§ 65. Special committee of state board.— The State board 
of health may appoint two of its members as a committee, 
whose particular duties shall be to carry out the provisions 
of the public health law, relating to tuberculosis in cattle, and 
such members so appointed shall be entitled to receive a salary 
of two hundred and fifty dollars per month and any necessary 
expenses, and they shall hold office for one year. Such com- 
mittee shall keep a complete record of all the work done and 
submit monthly reports thereof to the State board of health. 
ARTICLE V. 
Potable Waters. 
Section 70. Rules and regulations of state board. 
71. Inspection of water supply. 
72. Sewerage. 
73. Discharge of sewage into Wallkill creek, prohibited. 
74. Discharge of sewage into the Susquehanna near Binghamton, 
prohibited. . . , . - 
§ 70. Rules and regulations of state board. — The state 
board of health may make rules and regulations for the protec- 
tion from contamination of any or all public supplies of potable 28 
waters and their sources within the state, and impose penalties 
for the violation thereof or the non-compliance therewith, not 
exceeding two hundred dollars for every such violation or non- 
compliance. Every such rule or regulation shall be published 
at least once in each week for six consecutive 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 corporation 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 proprietor of 
the newspaper in which such rule or regulation is published 
may be filed, with the rule or regulation 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. 
§ 71. Inspection of water supply.— The officer or board 
having by law the management and control of the potable water 
supply of any municipality, or the corporation furnishing such 
supply, may make such inspection of the sources of such water 
supply, as such officer, board or corporation deems it advisable, 
and to ascertain whether the rules or regulations of the state 
board are complied with. If any such inspection discloses a 
violation of any such rule or regulation 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 violated, such officer, board 
or corporation shall notify the state board of the violation, 
which shall immediately examine into such violation; and if 
such person is found by the state board to have actually vio- 
lated such rule or regulation, the secretary of the state board 
shall order the local board of health of such municipality to con- 
vene and to enforce 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 supply, or the 
municipality deriving its water supply from the waters to which 
such rule or regulation relates, 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 of the 
penalties incurred by such violation, and for an injunction 
restraining him from the continued violation of such rule or 
regulation. 29 
§ 72. Sewerage — When the state board of health 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 
sewerage, or a change thereof, in or for any village or hamlet, 
whether incorporated or unincorporated, or the execution of 
which will require the providing of some public means of 
removal or purification of sewage, the municipality or corpora- 
tion owning the water-works benefited thereby shall, at its own 
expense, construct and maintain such system of sewerage, or 
change thereof, and provide such means of removal and purifi- 
cation of sewage and such works or means of sewage disposal as 
shall be approved by the state board of health. When the exe- 
cution of any such regulations of the state board of health will 
occasion or require the removal 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 regulation will 
injuriously affect any manufacturing or industrial enterprise 
which is not a public nuisance, such municipality or corporation 
shall pay all damages occasioned by the enforcement thereof. 
Until such construction or change of such system or systems of 
sewerage, and the providing of such means of removal or purifi- 
cation of sewrnge, and 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, there shall be no action or proceed- 
ing taken by such municipality or corporation against any per- 
son or corporation for the violation of any regulation of the 
state board of health under this article, and no person or cor- 
poration 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 board of health 
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 regulation, shall have a cause of action 
against the municipality or corporation owning the water-works 
benefited by the enforcement of such rule or regulation, for all 
damages occasioned or sustained by such removal or enforcement, 
and an action therefor may be brought against such municipality 30 
or corporation in any court of record in the county in which the 
premises or property affected is situated and shall be tried 
therein; or such damages may be determined by a special pro- 
ceeding 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 served by such 
owner upon the municipality or corporation in the same manner 
as for the commencement of condemnation proceedings. Such 
municipality or corporation may make and serve an answer to 
such petition as in condemnation proceedings. The petition and 
answer shall set forth the claims of the respective parties, and 
the provisions of the condemnation law shall be applicable to 
the subsequent proceedings upon the petition and answer, if 
any. Either party may, before the service of the petition or 
answer respectively, offer to take or pay a certain sum, and no 
costs shall be awarded against either party unless the judgment 
is more unfavorable to him than his offer. 
§ 73. Discharge of sewage into Wallkill creek prohibited.— 
No person or corporation shall permit the discharge or escape 
of any sewage, or other matter deleterious to public health, or 
destructive to fish, or throw or cast any dead animal, carrion or 
offal, or other putrid or offensive matter into the waters of the 
Wallkill creek, in the counties of Ulster and Orange. Any per- 
son violating any provision of this section shall forfeit to the 
county where the violation occurred the sum of fifty dollars for 
every such violation. 
§ 74. Discharge of sewage into the Susquehanna near Bing 
hamton, prohibited.— No person or corporation shall cause to 
fall, flow or discharge into the Susquehanna river or any of its 
tributaries, between the Rock Bottom dam in such river at the 
city of Binghamton, and a point one mile east of the bridge 
that crosses such river at Conklin, any sewage matter, or other 
foul, noxious or deleterious, solid or liquid matter, or any mat- 
ter that may be declared such by the board of health of any 
municipality adjacent to such river within such limit. The 
board of health of any such municipality shall examine into any 
alleged offense against this section and cause the same to be 
abated, if found to exist. Every person violating any provision 
of this section shall forfeit to the municipality having a local 
board of health where the violation occurs the sum of twenty- 
five dollars for the first day when the violation takes place, and 
the sum of ten dollars for every subsequent day that such viola- 
tion is repeated or continued. 31 
ARTICLE XII. 
Miscellaneous Provisions. 
Section 200. Vaccination of school children. 
201. Appointment of physician. 
202. Preservation of life at bathing places. 
203. Examination and quarantine of children admitted to insti- 
tutions for orphan, destitute or vagrant children or 
juvenile delinquents. 
204. Monthly examination of inmates and reports. 
205. Beds; ventilation. 
206. Baby farming. 
207. Cadavers. 
208. Prescriptions of opium and morphine. 
209. Laws repealed. 
210. When to take effect 
§ 200. Vaccination of school children.— No child or person 
not vaccinated shall be admitted or received into any of the 
public schools of the state, and the trustees or other officers 
having the charge, management or control of such schools shall 
cause this provision of law to be enforced. They may adopt a 
resolution excluding such children and persons not vaccinated 
from such school until vaccinated, and when any such resolution 
has been adopted, they shall give at least ten days’ notice 
thereof, by posting copies of the same in at least two public 
and conspicuous places within the limits of the school govern- 
ment, and shall announce therein that due provision has been 
made, specifying it, for the vaccination of any child or person 
of suitable age desiring to attend the school, and whose parents 
or guardians are unable to procure-vaccination for them, or 
who are, by reason of poverty, exempted from taxation in such 
district. 
§ 201. Appointment of physician.— Such trustees or board 
may appoint a competent physician and fix his compensation, 
who shall ascertain the number of children or persons in a school 
district, or in a subdivision of a city school government, of suit- 
able age to attend the common schools, who have not been 
vaccinated and furnish such trustees or board a list of their 
names. Every such physician shall provide himself with good 
and reliable vaccine virus with which to vaccinate such children 
or persons as such trustees or board shall direct, and give cer- 
tificates of vaccination when required, which shall be evidence 32 
that the child or person to whom given has been vaccinated. 
The expenses incurred in carrying into effect the provisions of 
this and the preceding section, shall be deemed a part of the 
expense of maintaining such school, and shall be levied and 
collected in the same manner as other school expenses. The 
trustees of the several school districts of the state shall include 
in their annual report the number of vaccinated and unvacci- 
nated children of school age in their respective districts. 
§ 202. Preservation of life at bathing places.— Every keeper 
or proprietor of a hotel or boarding-house, and every other per- 
son having for use a bathing-house upon any beach or shore 
of the ocean, for the accommodation of his guests, or of other 
persons for pay, shall 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 line of 
bathing-houses, or space fronting on such beach occupied by 
him is in width; and from the two points at which such life 
lines are so anchored, such line shall be made to extend as far 
into the 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 line shall be extended, connecting the two extremities, 
and buoyed at such points as to be principally above the surface 
of the water, thereby inclosing a space within such lines and 
the beach within which bathing is believed to be safe. Every 
such keeper or proprietor or other such person shall cause to 
be painted and put up in some prominent place upon the beach, 
near such bathing-houses, the following words: “Bathing be- 
yond the lines dangerous.” Such lines so placed, anchored and 
buoyed, and such notice so put up, shall continue and be so 
maintained by every such keeper, proprietor or other person 
during the entire season of surf bathing. The owner of a 
bathing-house shall not be subject to the provisions of this 
section where it is used, occupied or maintained by a lessee 
for hire, but such lessee shall be deemed the keeper or proprietor 
thereof. Every person violating any provision of this section 
shall forfeit to the county where the violation occurs the sum 
of twenty-five for every such violation, and for each 
day that any such violation is repeated or continued. 33 
§ 203. Examination and quarantine of children admitted to 
institutions for orphans, destitute or vagrant children or juve- 
nile delinquents.— Every institution in this state, incorporated 
for the express purpose of receiving or caring for orphan, 
vagrant or destitute children 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 en- 
trance. The words “juvenile delinquents ” here used shall 
include all children whose commitment to an institution is 
authorized by the penal code. The officer of every such insti- 
tution upon receiving a child therein, by commitment or other- 
wise, shall, before admitting 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 exam- 
ination to exist. No child shall be so admitted until such cer- 
tificate 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 quar- 
antine and the date of discharge therefrom. 
§ 204. 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 the district or place where the institution is 
situated, its condition, especially as to its plumbing, sinks, 
water-closets, urinals, privies, dormitories, the physical condi- 
tion 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 34 
provided proper and sufficient nurses, orderlies, and other at- 
tendants 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 im- 
provement thereof as he may deem proper. Such boards of 
health shall immediately investigate any complaint 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. 
§ 205. Beds; ventilation.— The beds in every dormitory in 
such institution shall be separated by a passageway of not less 
than two feet in width, and so arranged that under each the 
air shall freely circulate and there shall be adequate ventilation 
of each bed, and such dormitory shall be furnished with such 
means of ventilation 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 allowed, which permit shall be kept conspicuously posted 
in such dormitory. The physician of the institution shall imme- 
diately notify in writing the local board of health and the 
board of managers or directors of the institution of any violation 
of any provision of this section. 
§ 206. Baby farming.— No person shall receive or board more 
than two infants under three years of age in the same place at 
the same time, unless accompanied by their parents, relatives 
or some person entitled to their custody, or unless within two 
days after the reception of every such infant beyond the first two, 
a license shall be duly issued by the mayor or board of health of 
the city, or by the board of health of the village or town where 
such infant is to be received or boarded, specifying the name 
and age of the child, and the name and place of residence of the 
person so undertaking its care, and authorizing such person to 
receive and board the same. The officers of every incorporated 
society for the prevention of cruelty to children may at all reason- 
able times enter and inspect the premises where such infants are 
so received, boarded or kept, and they shall see that the pro- 
visions of this section are duly enforced. This section shall not 35 
apply to corporations incorporated under the laws of this state 
for the purpose of receiving and caring for foundlings or aban- 
doned or homeless infants. 
§ 207. Cadavers.— The person 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 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 of the state authorized by law 
to confer the degree of doctor of medicine and to any univer- 
sity of the state having a medical preparatory course of instruc- 
tion and the professors and teachers in every such college or 
university may receive any such corpse and use it for the pur- 
pose of medical study. 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, 
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 the claim that he is such relative or friend is based, 
the expense of which affidavit shall be paid by the persons 
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 col- 
lege or university desiring to avail itself of the provisions of 
this section shall notify such persons having the control and 
management of the institutions and places heretofore specified, 
and such undertakers and other persons having any such corpse 
in their possession, custody or control in the county where such 
college or university is situated, and in any adjoining county in 36 
wnich no medical college is situated, of such desire, and there- 
after all such persons shall notify the proper officers of such 
college or university whenever there is any corpse in their pos- 
session, custody or control, which may be delivered to a medical 
college or university under this section, and shall deliver the 
same to such college or university. If two or more medical col- 
leges located in one county are entitled to receive corpses from 
the same county or adjoining counties, they shall receive the 
same in proportion to the number of matriculated students iu 
each college. The professors and teachers in every college 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 or university is situ- 
ated. Every person neglecting to comply 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. 
§ 207a. Cadavers.— The governors, keepers, wardens, mana- 
gers, or persons having lawful control and management of any 
hospital, prison, almshouse, asylum, morgue or other receptacle 
for corpses not interred in the counties of Onondaga, Oswego, 
Madison and Cortland, and the warden of the Auburn state 
prison, in the county of Cayuga, and every undertaker or other 
person in the counties of Onondaga, Oswego, Madison and Cort- 
land, having in his lawful possession any such corpses for keep- 
ing 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 Cortland, 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 pre- 
paratory course of instruction, and the professors and teachers 
in every such college, school or university may receive such 37 
corpses and use the same for the purposes of medical, anatomical 
or surgical science and study. No such corpse shall be so de- 
livered if within forty-eight hours after death, it is desired for 
interment by relatives, or by friends, who wrill bear the expenses 
of its interment; nor shall a corpse be so delivered or received of 
any person known to have relatives, whose places of residence 
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 subse- 
quently claimed for interment by any relative or by any friend 
who will bear the expense of such interment, 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, 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 
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 ex- 
pense 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 univer- 
sity in either of said counties desiring to avail itself of the pro- 
visions of this section shall notify said governors, keepers, war- 
dens, 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 there- 
after it shall be obligatory upon such governors, keepers, 'war- 
dens. managers, undertakers and other persons hereinbefore 
specified, to immediately notify the proper officer or officers of 
said college, school or university, 'whenever there is any corpse 
in their possession, charge, custody or control, which may be 
delivered to a medical college, school or university under this 
section, and to deliver the same to such college, school or univer- 
sity. 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 noti- 
fied by any college, school or university of its desire to avail 38 
itself of the provisions 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 con- 
trol. 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 re- 
ceive corpses from the same county. If two or more colleges, 
schools or universities located in any one of said counties are 
entitled to receive corpses from the same or from said adjoining 
counties, they shall receive the same in proportion to the number 
of matriculated students in each college. 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 purpose of medical, anatomical or surgical 
science and study, in accordance with the regulations of the local 
board of health where the college, school or university is situ- 
ated. 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 noncompliance 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 noncompliance with, or 
violation of, any provision, or provisions, 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. 
§ 208. Prescription of opium, morphine, cocaine and chloral. 
— No pharmacist, druggist, apothecary or other person shall 
refill more than once, prescriptions containing opium or mor- 
phine or preparations of either of them or cocaine or chloral, in 
■which the dose of opium shall exceed one-quarter of a grain, or of morphine one-twentieth of a grain or of cocaine one-half of a 
grain, or of chloral ten grains, except upon the written order of 
a physician. 
§ 209. Laws repealed.— Of the laws enumerated in the 
schedule hereto annexed, that portion specified in the last column 
is repealed. 
§ 210. When to take effect.— This chapter shall take effect 
immediately. 
Schedule of Laws Repealed. 
Revised Statutes. Sections. 
Part 1, chapter 14 All. 
Laws of Chapter. Sections. 
1S54 123 All. 
18G0 438 All. 
1863 358 All. 
1864 398 All. 
1865 592 All. 
1865 613 All. 
1866 154 All. 
1866 751 All. 
1867 543 All. 
1870 525 All 
1872 746 All 
1879 540 All. 
1877 427 All. 
1880 322 All. 
1881 376 All. 
1881 407 All. 
1881 550 1. 
1881 679 All. 
1882 308 All. 
1883 40 All. 
1883 291 All. 
1883 443 All. 
1884 272 All. 
1884 361 All. 
1885 176 All. 
1885 270 All. 
1885 360 All. 
1885 382 All. 
1885 399 1, 2. Laws of Chapter. Sections. 
1885 534 All. 
1885 543 All. 
1886 313 All. 
188G 329 All. 
1886 467 All. 
1886 477 All. 
1886 633 All. 
1887 166 All. 
1887 280 All. 
1887 603 All. 
1887 636 All. ' 
1887 647 All. 
1887 676 All. 
1888 52 All. 
1888 53 All. 
1888 77 All. 
1888 146 All. 
1888 280 All. 
1888 309 All. 
1888 341 All. 
1888 431 All. 
1889 181 All. 
1889 247 All. 
1889 397 All. 
1889 484 All. 
1889 537 All. 
1890 100 All. 
1890 419 All. 
1890... 468 All. 
1890 500 All. 
1890 507 All. 
1892 486 All. 
1892 487 All. 
1892 528 All except 5, 
1892 • 655 All. [No. 53.] 
SANITARY REGULATIONS 
Recommended for Adoption by Local Boards of Health 
Section 1. Nuisances defined.— Whatever is dangerous to 
human life or health; whatever building, or part or cellar thereof, 
is overcrowded or not provided with adequate means of ingress and 
egress, or is not sufficiently supported, ventilated, sewered, drained, 
lighted or cleaned; and whatever renders soil, air, water or food im- 
pure or unwholesome, are declared to be nuisances and to be illegal; 
and every person having aided in creating or contributing to the 
same, or who may support, continue or retain any of them, shall 
be demed guilty of a violation of this ordinance, and shall also be 
liable for the expense of the abatement or remedy required. 
§ 2. Privies, cess pools, etc.— No privy-pit, cess-pool or reser- 
voir into which any privy, water-closet, stable, sink or other re- 
ceptable of refuse or sewage is drained, shall be constructed or 
maintained in any situation or in any manner whereby, through 
leakage or overflow of its contents, it may cause pollution of the 
soil near or about habitations, or of any well, spring or other 
source of water used for drinking or culinary purposes; nor shall 
the overflow from any such reservoir or receptacle be permitted 
to discharge into any public place or in anywise whereby danger 
to health may be caused. And every such pit, reservoir or recep- 
tacle shall be cleaned and the contents thereof removed at such 
times and under such precautions as the board of health may pre- 
scribe. Violation of any of the provisions of this ordinance shall 
subject the offending party to a penalty of for each 
day’s continuance of the nuisance after due notice to abate it from 
an authorized officer. 
§ 3. Sewers, drains, etc.— All house-sewers or drains for the 
conveyance of deleterious or offensive matters shall be water-tight, 
and the plans and methods of their construction shall be subject 
to the approval of the board of health. In streets or avenues where 42 
public sewers are or shall be constructed, the board of health may 
order house-connections to be made therewith. 
§ 4. House refuse, garbage, etc.— No house-refuse, offal, 
garbage, dead animals, decaying vegetable matter, or organic waste 
substance of any kind, shall be thrown upon any street, road or 
public place, and no putrid or decaying animal or vegetable matter 
shall be kept in any house, cellar or adjoining outbuilding for 
more than twenty-four hours. Violation of any of the provisions 
of this ordinance shall subject the offending party to a penalty of 
§ 5. Filled in or made land.—No sunken places shall be 
filled, nor made land constructed, with any materials containing 
an admixture of putrescible animal or vegetable matter, under a 
penalty of for each cartload, or part thereof, of such 
materials deposited. 
§ 6. Noxious trades.— No person or company shall erect or 
maintain any manufactory or place of business dangerous to life or 
detrimental to health, or where unwholesome, offensive or deleter- 
ious odors, gas, smoke, deposit or exhalations are generated, without 
the permit of the board of health, and all such establishments shall 
be kept clean and wholesome so as not to be offensive or prejudicial 
to public health; nor shall any offensive or deleterious waste-sub- 
stance, gas-tar, sludge, refuse or injurious matter be allowed to 
accumulate upon the premises or be thrown or allowed to run 
into any public waters, stream, water-course, street or public place. 
And every person or company conducting such manufacture or 
business shall use the best approved and all reasonable means to pre- 
vent the escape of smoke, gases and odors, and to protect the 
health and safety of all operatives employed therein. Any viola- 
tion of any of the provisions of this ordinance shall subject the 
offending party to a penalty of not less than nor more 
than for each offense. 
§ 7. Unwholesome food.— ]STo meat, fish, bird, fruit, or vege- 
tables, milk, or anything for human food or drink, not being then 
fresh or properly preserved, sound, wholesome and safe for such 
use: nor any flesh of any animal which died by disease, or which 
was at the time of its death in a sickly or unwholesome condition; 
nor the carcass or meat of any calf which was at the date of its 
death less than four weeks old, or of any lamb which was at the 
date of its death less than eight weeks old, or of any pig which was 
at the date of its death less than five weeks old shall be brought 
within the limits of this municipality, nor offered or held for sale 
as food therein. Any violation of any of the provisions of this 43 
ordinance shall subject the offending party to a penalty of not less 
than and by the seizure and destruction of such un- 
sound, unwholesome, immature food substances. 
§ 8. Slaughter-houses, markets, etc — No person or persons, 
without the consent of the board of health, shall build or use any 
slaughter-house within the limits of this municipality and the keep- 
ing and slaughtering of all cattle, sheep and swine, and the prepa- 
ration and keeping of all meat, fish, birds, or other animal food, 
shall be in the manner best adapted to secure and continue their 
wholesomeness as food; and every butcher or other person owning, 
leasing or occupying any place, room or building wherein any 
cattle, sheep or swine have been or are killed or dressed, and every 
person being the owner, lessee or occupant of any room or stable 
wherein any animals are kept, or of any market, public or private, 
shall cause such place, room, building, stable or market, and their 
yards and appurtenances, to be thoroughly cleansed and purified, 
and all offal, blood, fat, garbage, refuse and unwholesome and 
offensive matter to be removed therefrom at least once in every 
twenty-four hours after the use thereof for any of the purposes 
herein referred to, and shall also at all times keep all wood-work, 
save floors and counters, in any building, place or premises afore- 
said thoroughly painted or whitewashed; and the floors of such 
building, place or premises shall be so constructed as to prevent 
blood or foul liquids or washings from settling in the earth beneath. 
Any violation of any of the provisions of this ordinance shall sub- 
ject the offending party to a penalty of for each day’s 
continuance or repetition of the offense. 
§ 9. Notification of infectious disease.— Every householder or 
head of family in a house wherein any case of infectious disease 
may occur shall report the same to the hoard of health or to the 
health officer within twelve hours from the time of his or her first 
knowledge of the nature of such disease; and, until instructions 
are received from the said hoard or the health officer, shall not 
permit any clothing or other article which may have been exposed 
to infection to be removed from the house; nor shall any occupant 
change his residence elsewhere without the consent of the said 
board or health officer. 
Every physician who may be called to atend a case of infectious 
disease shall, as soon as he discovers the nature thereof, make a 
written report specifying the name and residence of the patient, 
the nature of the disease, and any other facts relating thereto which 
he may deem important to the public health, and affix the date 44 
and sign his name thereto, and he shall transmit the same to the 
board of health within twelve hours as above provided. The 
diseases to be thus promptly reported are: Asiatic cholera, yellow 
fever, typhus and typhoid fevers, small-pox, scarlet fever, measles, 
diphtheria and membraneous croup. Any violation of any of the 
provisions of this ordinance shall subject the offending party to a 
penalty of 
§ 10. Importation of infected persons or things.— No person 
or article liable to propagate a dangerous disease shall be brought 
within the limits of this municipality unless by the special permit 
and direction of the board of health; and any one having knowl- 
edge that such person or article has been brought within such 
limits shall immediately notify the said board thereof. Any vio- 
lation of any of the provisions of this ordinance shall subject the 
offending party to a penalty of not less than nor more 
than 
§ 11. Exposure of infected persons or things.— ISTo person 
shall, within the limits of this municipality, unless by permit of the 
board of health, carry or remove from one building to another any 
patient affected with any contagious or infectious disease. ISTor 
shall any person, by any exposure of any individual so affected, or 
of the body of such individual, or of any article capable of con- 
veying contagion or infection, or by any negligent act connected 
with the care or custody thereof, or by a needless exposure of him- 
self or herself, cause or contribute to the spread of disease from any 
such individual or dead body. Any violation of any of the provi- 
sions of this ordinance shall subject the offending party to a penalty 
of not less than 1 
§ 12. Funerals after infectious diseases.— There shall not be 
a public or church funeral of any person who has died of Asiatic 
cholera, small-pox, typhus fever, diphtheria, membraneous croup, 
scarlet fever or measles, without the permit of the board of health 
therefor; and the family of the deceased shall in all such cases 
limit the attendance to as few as possible, and take all precautions 
possible to prevent the exposure of other persons to contagion or 
infection. Any violation of any of the provisions of this ordi- 
nance shall subject the offending party to a penalty of not less 
than 
§ 13. Infectious diseases of animals.— ]STo animal affected 
with an infectious or contagious disease shall be brought or kept 
within the limits of this municipality, except by the permission 
of the board of health; and the bodies of animals dead of such 45 
disease or killed on account thereof, shall not be buried within five 
hundred feet of any residence, nor disposed of otherwise than as 
the said board or its health officer shall direct. Any violation of 
any of the provisions of this ordinance shall subject the offending 
party to a penalty of not less than 
§ 14. Reports of marriages and births.— It shall be the 
duty of the groom in every marriage, or the clergyman or magis- 
trate performing the ceremony, and of the parents or custodian 
of every child bom, and the physician or midwife who attended at 
the birth of such child, to make sure that the prescribed report of 
such marriage or birth is presented to the board of health or its 
registering officer within thirty days, under a penalty of 
for failure to do so; and for each ten days of continued neglect to 
present such report, after the expiration of the first thirty days, an 
additional penalty of shall be incurred. 
§ 15. It shall be the duty of the physician or midwife in atten- 
dance at every birth to write out and sign, upon the form pre- 
scribed by the state board of health, the certificate of such birth, 
aud make sure that said certificate is returned to the local board 
of health, or person designated by it to receive it, within thirty 
days of such birth. Any violation of the provisions of this ordi- 
nance shall subject the offending party to a penalty of 
§ 16. Certificates of death and burial permits— Every under- 
taker or other person who may have charge of the funeral of any 
dead person, shall procure a properly filled-out certificate of the 
death and its probable cause, in accordance with the form pre- 
scribed by the state board of health, and shall present the same 
to the designated officer or member of the board of health, and 
obtain a burial or transit permit thereupon, at least twenty-four 
hours before the time appointed for such funeral; and he shall not 
remove any dead body until such burial of transit permit shall 
have been procured. Any violation of any of the provisions of 
this ordinance shall subject the offending party to a penalty of not 
less than 1 
§ 17. It shall be the duty of the physician last in attendance 
upon any person who may die within the limits of the jurisdiction 
of this board of health, to write out and sign without delay, upon 
the form prescribed by the state board of health, the professional 
certificate of the death and send it to or leave it with the family of 
the deceased, or hand or send it to the undertaker in charge of 
the remains. In case an inquest has been required by law, the 
coroner shall fill out the said certificate, and if no inquest has been 46 
required by law and no physician has been in attendance, 
the certificate shall be filled out, setting forth the probable or 
believed cause of death, by some reputable person known to 
the officer issuing the burial or transit burial permit, and 
the said person shall also make affidavit to the facts set forth in 
the certificate, which affidavit must be attached to said certificate. 
Any violation of the provisions of this ordinance shall subject the 
offending party to a penalty of 
§ 18. Sextons, cemetery keepers, etc.— Every person who 
acts as a sexton, or undertaker, or cemetery keeper, within the 
limits of this municipality, or has the charge or care of any tomb, 
vault, burying ground or other place for the reception of the 
dead, or where the bodies of any human beings are deposited, shall 
so conduct his business and so care for any such place above 
named, as to avoid detriment or danger to public health; and 
every person undertaking preparations for the burial of a body 
dead from contagious or infectious disease as hereinbefore enu- 
merated shall adopt such precuations as the board of health may 
prescribe to prevent the spread of such disease. Any violation of 
any of the provisions of this ordinance shall subject the offending 
party to a penalty of not less than 
§ 19. Duties and powers of health officer.— The health officer 
is directed and empowered to execute and enforce all sanitary 
regulations of general obligation now or hereafter to be published 
by this board; also to enter upon or within any premises where 
conditions dangerous to the public health are known or believed 
to exist, and to examine into the nature of complaints made by 
any of the inhabitants concerning sources of danger or injury to 
health; and he shall preserve accurate records of his official actions 
and report the same to the board of health at its next meeting. 
And whenever in his judgment danger to public health shall arise 
requiring special regulation not of general application, he shall 
forthwith notify the president of the board of health, who shall 
thereupon convene the board to take such action as may be 
necessary and proper. 
§ 20. Penalties.— Every person who willfully violates or re- 
fuses to comply with, or who resists any ordinance, order, regu- 
lation or resolution of the board of health of this municipality will 
be liable to the arrest, action, penalty, fine and punishment pro- 
vided and declared in the public health law, chapter 25 of the 
general laws, 1893, of which notice must be taken. PREVENTION OF DIPHTHERIA 
Diphtheria is a dangerous contagious disease. But it is 
preventable for its existence depends on conditions that can 
generally be controlled. It may appear in any community, but it 
should not be allowed to continue to prevail beyond the first 
cases that make their appearance. 
Conditions on which it Depends 
Diphtheria is spread from one person to another by means of 
a special poison which develops in the person sick with it. This 
special poison is given off in the discharges from the mouth, 
throat and nose. Alighting upon articles about the sick person, 
this poison clings to them, so that soon the sick-room, its floor, 
wTalls, furniture and all its contents become infected with the 
disease. The person and clothing of those in attendance on the 
sick, the bedding, eating utensils, food, toys, books and other 
things used by the patient are especially certain to be thus infected, 
but nothing in the apartment is likely to escape it. 
The virus is long lived; articles and premises infected with 
it, may communicate the disease for at least several weeks; it 
may be transported by them with great facility, and to an 
indefinite distance. In this way new epidemics are very often 
started. The virus thrives best in places that are damp, foul 
and ill-ventilated, and is most likely to lose its vitality when 
exposed to abundance of sun light and fresh air. 
Diphtheria is contracted by inhalation of air containing the 
disease-germs coming directly from the sick, or from the persons 
and clothing of those in attendance upon them, or from any 
articles infected by being in the sick room. It is communicated 
by articles passing from mouth to mouth, such as cups, spoons 
and toys that have been used by the patient and upon which bits 
of their discharges may remain. The articles by which it is 
communicated may have become infected weeks before, and 
possibly at some locality quite remote. By handling any of 
these things the hands may become infected and convey the 
disease-germs directly to the mouth. Children contract diph- 
theria much more readily then adults, and persons whose 
throats are not healthy are especially exposed to the disease. 48 
Suppression op Diphtheria 
Every locality is liable to have diphtheria brought into it. 
It will not continue long if the principal conditions on which 
its existence mainly depends are removed; if the sick are strictly 
secluded, the disease-germs destroyed, and all unsanitary condi- 
tions which favor their continued existence removed. 
1. Isolation. Those sick with diphtheria should be isolated 
from every one except necessary attendants. This should be 
done with mild cases as well as severe ones. They should be 
placed in an upper airy room, as remote as possible from other 
living and sleeping rooms. Needless furniture and other articles 
should be removed from the room. Allow the windows to be 
open, for the poison does not go far away in the atmosphere; 
give sunshine and fresh air constantly. The room should be 
kept as clean as possible, but the floor should not be swept but 
rather it and the furniture should be wiped with damp cloths 
which should afterwards be burned. All about the patient ought 
to be kept clean. 
The attendants should remember that they carry with them 
the poison of the disease, and they must keep entirely away 
from others, especially from children, who take diphtheria most 
readily. They should for their own protection avoid particles 
ejected by the patient and observe constant cleanliness especially 
of the hands and face; their outer clothing becoming infected 
ought not to be worn outside the sick-rooms. No article should 
leave the room without cleansing or disinfection. Utensils used 
by the sick should be well cleansed before being used by others. 
Food left by them should be destroyed. Bed and body clothing 
should, before being taken from the room, be placed in a disin- 
fectant solution, preferably boiling hot, solution number 3 being 
best for the purpose. Cats and dogs should be excluded. 
The discharges from the mouth and nose must be received on 
cloths that can be burned, or in cups that can be disinfected. 
Vessels for receiving the discharges should contain a disin- 
fectant and after use should be cleansed with boiling water. 
The patient must not mingle with the well until all traces of 
the disease have left the throat and nose. The disease-germs 
may continue to exist in the mouth and throat even after the 
disease has subsided, wherefore disinfection of them by gargles 
and sprays, which will be prescribed by the physician in atten- 
dance, must be continued even after apparent recovery; the only 49 
certain test of their disappearance is by microscopical examination. 
Before leaving the sick-room the entire body should be thoroughly 
washed, and fresh, uninfected clothing should be put on, leaving 
every thing else behind to be disinfected. Nurses must observe 
the same final precautions; disinfectant gargles should be used 
by them since they may themselves have disease-germs in the 
mouth and throat. 
2. General Precautions. All should avoid sources of contagion. 
Well children had better be removed entirely from the house, 
but should be kept under observation, and if diphtheria develops 
brought home again so as not to establish a new center. Persons 
remaining in the house should not go to school, church or any 
general gathering, nor to any house where there are young 
persons. If the disease has secured a foothold in a locality, 
every case of sore throat should be regarded as suspicious and 
excluded from schools and from contact with other children. 
It would be well to make sure that milk is not taken from a 
dairy where the disease exists. The use of anti-toxin, from 
which it is believed much has been effected both to prevent and 
cure the disease, requires the care of a competent physician. 
3. Burial. In case of death the body should be enclosed in a 
sheet saturated with disinfectant No. 2, placed in a tight coffin 
not afterwards opened, and burial should be private and with as 
little delay as possible.* 
Disinfection 
Of the Room. During its occupancy as a sick-room, the pre- 
cautions suggested above as to destruction of disease-germs 
attached to articles of any sort before their removal from it 
should be carefully observed. At the termination of the quaran- 
tine the room should be tightly closed and with all its infected 
contents fumigated with the fumes of burning sulphur or of 
chlorine, which, especially, if the latter is used, should be done 
only by a competent person. Arrange all the contents of the 
room so that their surfaces are readily reached by the disinfecting 
gas. The room should remain closed for twelve hours, after 
which it and its contents should be well aired for several days. 
The wood-work should also be thoroughly washed, especially the 
floor, door-knobs, and the tops of doors and windows, and a 
* The Public health Law prohibits the transportation of the bodies of those 
who have died from this or any contagious or infectious disease by a railroad 
or passenger steamboat except in a hermetically sealed casket of metal or other 
indestructible material. 50 
disinfectant solution applied. Ceilings should be whitewashed 
and wall paper had better be removed and burned, and the walls 
washed with one of the disinfectant solutions. The clothing 
and bedding should be soaked in disinfectant solution number 3 
and then rinsed and boiled for three hours, The mattress should 
be well aired and made over. 
Sulphur Fumigation. Roll sulphur, in the proportion of three 
pounds for a room ten feet square, is burned by placing it in an 
iron kettle, set in a tub containing a little water to guard against 
fire. It may be ignited by pouring alcohol on it, which con- 
tributes to its effectiveness. 
Chlorine Fumigation. Mix well, breaking up all lumps, one 
part by measure of black oxide of manganese and two of com- 
mon salt, and add enough water to mak". of the consistency of 
cream. A teacupful of this mixture is to be put into a large 
earthen vessel, as a washbowl, one or two of which may be 
placed in each room. About an equal bulk of commercial 
sulphuric acid is to be finally poured into each vessel, beginning 
with the most remote, the person retiring quickly; it is best to 
pour this from a pitcher; avoid inhaling the fumes by holding a 
handkerchief over the face. 
1. Chloride of Lime of good quality, one pound dissolved in 
three gallons of water; four per cent, solution. 
2. Corrosive Sublimate (1-500) solution; dissolve one ounce in 
four gallons of water, add one ounce of permanganate of potash or 
a little indigo as a precaution to color it or observe caution as to 
its dangerously poisonous character. Its effectiveness is increased 
by adding hydrochloric acid half an ounce when used to dis- 
infect discharges. Solutions of less strength can be made by 
diluting this with water. It should be kept in wooden, earthen 
or glass vessels; its value is destroyed by contact with metalic 
vessels, and it will distroy lead pipe; it is apt to stain clothing 
even in clear solution. 
3. Carbolic Acid in 5 per cent, solution; dissolve one pound 
in two and a half gallons of water. The crude acid is equally 
effective with the purified. 
Disinfectant Solutions 
Heat is the most effective means of destroying disease-germs 
where its use is practicable, as none of them will withstand a 
prolonged temperature of boiling water, or dry heat of similar 
intensity. 
Cleanliness cannot be replaced by disinfectants either during 
or after sickness, and should be thoroughly applied to the person, 
the premises and all infected things. Fresh air and sunshine are 
of similar value. PREVENTION OF SCARLET FEVER 
Scarlet fever is a preventable disease. It will not spread if 
careful attention is paid to the rules for its restriction. Parents, 
teachers and all who have the care of children can do much to 
guard against the occurrence of infection. 
Conditions on which it Depends 
Scarlet fever is a disease of early life. Less than five per cent, 
of cases occur after the age of fifteen, and two-thirds of all the 
deaths from it occur in the first five years of childhood. Especial 
care should, therefore, be taken to protect children from expos- 
ure to it. 
It varies much in severity, being generally a dangerous and 
deadly disease, but it is sometimes so mild as to elude notice. 
The spread of the disease is not infrequently increased by failure 
to detect these mild cases. During the prevalence of an epidemic, 
cases of sore throat among school children, or children from an 
infected house, should be regarded with suspicion. Severe cases 
may originate from a mild one, and mild cases may be followed 
by the dangerous after-results of more severe cases unless they 
are properly cared for. 
It is infectious from the beginning throughout the course of 
the illness, and until all traces of the disease have disappeared 
from the throat and skin. It is taken by contact with the sick 
or with articles that have become infected by proximity to them, 
or from the room which they have occupied. The disease may 
be carried away to a distance by infected clothing or other articles 
and so communicated, and persons who have been about the 
sick, even for but a very short time, may convey the disease to 
others. It may probably be communicated also by milk into 
which the germs of the disease have found their way through 
proximity to the sick or their surroundings. 
Scarlet fever, probably, always originates from a special poison, 
which develops in the person sick with it. This poison is given 
off in the breath, the discharges from the body and the scales 
from the skin. It has the property of adhering tenaciously to 
objects on which it happens to alight. By reason of this the sick 
room, its floor, walls and all its contents, especially the bedding, 52 
clothing and other articles most closely about the sick, become 
infected with the disease, and continue to be so until the virus is 
destroyed by cleaning and fumigation. This virus is very long 
lived, so that infected articles may communicate the disease 
months after they become infected. Such infected articles may 
be the means of carrying the disease to another locality, possibly 
quite remote, and, in fact, this is the most common way for the 
diesase to originate. • 
Although a very infectious disease its spread can be controlled 
by keeping the well away from the sick, and destroying the in- 
fection before it can be scattered abroad. 
Suppression of Scarlet Fever 
General Precautions.—All should avoid sources of contagion. 
It should be born in mind that adults, although but slightly 
susceptible to the disease themselves, may carry it away to others 
after but a momentary exposure. Those who remain in the house 
where there are cases of the disease, even if they never enter the 
sick room, should carefully avoid contact with others and should 
not go to school, church or any general gathering, nor to any 
house where there are young persons. If the disease has secured a 
foothold in a locality, every case of sore throat, or presenting 
other symptoms found in scarlet fever, should be regarded as 
suspicious and excluded from schools and from contact with 
other children until its character is determined. It would be 
well to make sure that milk is not taken from a dairy where the 
disease exists. 
Isolation.—Those sick with scarlet fever should be isolated 
from every one except necessary attendants. This should be 
done with mild cases as well as severe ones. They should be 
placed in an upper airy room, as remote as possible from other 
living and sleeping rooms. Needless furniture, carpets, curtains, 
unused clothing and other articles which can catch and retain 
the poison of the disease, and which may be injured by disinfec- 
tion, should be removed from the room. 
The attendants should remember that they carry with them 
the poison of the disease, and they must keep entirely away 
from others, especially from children, who take scarlet fever most 
readily. No person except those needed for the care of the sick 
should be allowed to visit the sick room, especially those who 
have the care of or come in contact with children. Cats and 
dogs should be excluded. 53 
No article should be allowed to leave the room without cleans- 
ing or disinfection. Utensils used by the sick should be well 
cleansed before use by others. Food left by them should be 
destroyed. Bed and body clothing before being taken from the 
room, should be placed in disinfectant number 3 boiling hot if 
possible; at least it should be taken from the room wet with 
and afterwards boiled in the solution. 
The discharges from the throat and nose must be received in 
cloths that can be burned, or in cups that can he disinfected. 
The discharges from the bowels and kidneys should be disin- 
fected with one of the disinfectant solutions, and afterwards 
buried some distance from the dwelling. 
The room should be ventilated as thoroughly and constantly 
as possible without incurring the danger of draughts. The 
entire house ought to be kept clean, dry and well ventilated. 
During the period of desquamation it is well that frequent inunc- 
tion of the body with oil or fatty matter be performed, as by this 
means the scattering of the scales thrown off from the skin, which 
contain the contagion of the disease, may be much lessened. 
Before leaving the sick-room the body should be thoroughly 
washed, not omitting the head, and fresh, uninfected clothing 
put on, leaving everything else behind to be disinfected. Nurses 
must observe the same final precautions. The patient should 
not be allowed to go to school or to mingle in any way with the 
public for at least five weeks after subsidence of the fever and 
rash, or until the skin has become free from scales. 
In case of death the body should be enclosed in a sheet satu- 
rated with disinfectant 2 or 3, placed in a tight coffin, not 
afterwards opened, and burial should be private and with as 
little delay as possible.* 
Disinfection 
Of the Room.—During its occupancy as a sick-room, the pre- 
cautions suggested above as to destruction of disease germs 
attached to articles of any sort before their removal from it 
should be carefully observed. At the termination of the quaran- 
tine the room should be tightly closed and, with all its infected 
contents, fumigated with the fumes of burning sulphur or of 
chlorine, which, especially if the latter is used, should be done, 
only by a competent person, as the fumes are poisonous. Formol 
or formaline has also been recommended as an effective disinfect- 
ant. Arrange all the contents of the room so that their surfaces 
are readily reached by the disinfecting gas. The room should 
remain closed for twelve hours, after which it and its contents 
should be aired thoroughly for several days. The wood-work 
should also be thoroughly washed, especially the floor, door- 
* The Public health Law prohibits the transportation of the bodies of those 
■who have died from this or any contagious or infectious disease by a railroad 
or passenger steamboat except in a hermetically sealed casket of metal or other 
indestructible material. 54 
knobs, and the tops of doors and windows, and a disinfectant 
solution applied. Ceilings should be whitewashed and wall 
paper had better be removed and burned, and the walls washed 
with one of the disinfectant solutions. The clothing and bed- 
ding should be soaked in disinfectant solution number 3 and 
then rinsed and boiled for three hours. The mattress should be 
well aired and made over. 
Sulphur Fumigation.—Roll sulphur, in the proportion of three 
pounds for a room ten feet square, is burned by placing it in an 
iron kettle, set in a tub containing a little water to guard against 
fire. It may be ignited by pouring alcohol on it, which con- 
tributes to its effectiveness. 
Chlorine Fumigation.—Mix well, breaking up all lumps, one 
part by measure of black oxide of manganese and two of com- 
pion salt, and add enough water to make of the consistency of 
cream. A teacupful of this mixture is to be put into a large 
earthen vessel, as a washbowl, one or two of which may be 
placed in each room. About an equal bulk of commercial 
sulphuric acid is to be finally poured into each vessel, beginning 
with the most remote, the person retiring quickly; it is best to 
pour this from a pitcher; avoid inhaling the fumes by holding a 
handkerchief over the face. 
Disinfectant Solutions 
1. Chloride of Lime of good quality, one pound dissolved in 
three gallons of water; four per cent, solution. 
2. Corrosive Sublimate (1-500) solution; dissolve one ounce in 
four gallons of water, add one ounce of permanganate of potash or 
a little indigo as a precaution to color it or observe caution as to 
its dangerously poisonous character. Its effectiveness is increased 
by adding hydrochloric acid half an ounce when used to dis- 
infect discharges. Solutions of less strength can be made by 
diluting this with water. It should be kept in wooden, earthen 
or glass vessels; its value is destroyed by contact with metalic 
vessels, and it will distroy lead pipe; it is apt to stain clothing 
even in clear solution. 
3. Carbolic Acid in 5 per cent, solution; dissolve one pound 
in two and a half gallons of water. The crude acid is equally 
effective with the purified. 
Heat is the most effective means of destroying disease-germs 
where its use is practicable, as none of them will withstand a 
prolonged temperature of boiling water, or dry heat of similar 
intensity. 
Cleanliness cannot be replaced by disinfectants either during 
or after sickness, and should be thoroughly applied to the person, 
the premises and all infected things. Fresh air and sunshine are 
of similar value. PREVENTION OF SMALL-POX. 
Small-pox is a preventable disease. It is contracted only by ex- 
posure to emanations from the body of the sick, or from articles 
used by them or exposed in their vicinity. It is taken only by those 
who are unprotected by vaccination, and is liable to appear in any 
place where there are unvaccinated persons. Its spread is pre- 
vented by separating the sick entirely from all but necessary at- 
tendants and by vaccinating all in their vicinity. 
I. BINDING ON SCHOOL TRUSTEES. 
Article XII, Section 200, Chapter 661, Laws of 1893. 
Vaccination of school children.— No child or person not vac- 
cinated shall be admitted or received into any of the public schools 
of the State, and the trustees or other officers having the charge, 
management or control of such schools shall cause this provision of 
law to be enforced. They may adopt a resolution excluding such 
children and persons not vaccinated from such school until vacci- 
nated, and when any such resolution has been adopted, they shall 
give at least ten days’ notice thereof, by posting copies of the same 
in at least two public and conspicuous places within the limits of the 
school government, and shall announce therein that due provision 
has been made, specifying it, for the vaccination of any child or per- 
son of suitable age desiring to attend the school, and whose parents 
Dr guardians are unable to procure vaccination for them, or who 
are, by reason of poverty, exempted from taxation in such district. 
II. BINDING ON LOCAL BOARDS OF HEALTH. 
Article I, Section 24. 
Contagious and infectious diseases.— Every such local board 
of health shall guard against the introduction of contagious and 
infectious diseases by the exercise of proper and vigilant medical 
inspection and control of all persons and things arriving in the 
municipality from infected places, or which from any cause are 56 
liable to communicate contagion. It shall require the isolation 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 provided for. It shall prohibit 
and prevent all intercourse and communication with or use of in- 
fected 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. It shall report to the state board of health, 
promptly, the facts relating to contagious and infectious diseases, 
and every case of small-pox or varioloid within the municipality. 
Health officers of villages and towns shall report in writing once 
a month to the state board of health all cases of such infectious and 
contagious diseases as may be required by the state board of health, 
and for such reporting the health officer shall be paid by the mu- 
nicipality employing him, upon the certification of the state board 
of health, a sum not to exceed twenty cents for each case so re- 
ported; and the health officer shall report annually on or before the 
first day of January in each year, the number of cases of consump- 
tion which have existed in his jurisdiction during that year, and 
for each case thus reported he shall receive a sum not to exceed 
ten cents, to be paid in the same manner as the other like charges 
are paid. It shall provide, at stated intervals, a suitable supply 
of vaccine virus, of a quality and from a source approved by the 
state board of health, and during an actual epidemic of small-pox 
obtain fresh supplies of such virus at intervals 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 is likely 
to endanger the health of its inmates, the county superintendent 
of the poor may cause such inmates or any of them to be removed 
to such other suitable 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 the expense 
of the county, with all necessary medical care and attendance until 
they shall be safely returned to such almshouse or otherwise dis- 
charged. The boards of health of the cities of Hew York, Brook- 
lyn, Buffalo, Albany and Yonkers, shall report promptly to the 
state board all cases of small-pox, typhus and yellow fever and 
cholera and the facts relating thereto. 57 
WHAT TO DO WHEN SmALL-PoX OCCURS. 
1. Remove sick at once to some place provided by health or 
town authorities, where perfect isolation can be had. (See law 
governing boards of health above.) A separate place, or even a 
hut constructed for the purpose, should be so prepared as to be 
safer for the sick than any ordinary dwelling-rooms; that is, that 
the fresh air and sanitary care and nursing shall be the best possible, 
and that it shall be an apartment and locality from which the con- 
tagion will not be spread abroad. 
2. If removal is impracticable, place the sick in an upper, airy 
room, where complete seclusion can be effected. This room should 
be stripped of all carpets, upholstered stuff, furniture, clothing, 
quilts, feather beds, and all articles of any sort not absolutely 
necessary for the use of the sick. Let it be understood from the 
first that bedding, clothing, towels and cloths used by the sick 
should finally be burned. In such room, with open windows and 
an open fire, keep the sick and nurses entirely separated (quaran- 
tined) from all other persons, and allow no person to enter it or 
to touch the bedding or clothing used by the sick. Ho article 
should be removed from the room until cleansed, disinfected or 
fumigated. On recovery, the skin being entirely healed and free 
from all scabs, the patient and nurse must cleanse their bodies 
carefully and put on entirely fresh, uninfected clothing before 
vacating the sick room, leaving everything behind for disinfection. 
3. Let all persons who are near the sick be immediately vacci- 
nated afresh. Ho delay or objection should prevent the vaccination 
of all persons who have been in any manner exposed, or suspected 
of exposure, to the contagion. A former vaccination, unless re- 
cent and effective, is not to be relied upon as protective. All 
living in the surrounding neighborhood ought to be vaccinated. 
If fresh vaccine is not at hand, the physician or health officer should 
immediately telegraph the State Board of Health. 
4. In case of death the body should be inclosed in a sheet, satu- 
rated with disinfectant solution Ho. 3, and put into a tight coffin 
which should not afterward be opened. Burial should be per- 
formed with as little delay as possible, and entirely privately. 
Instructions for Disinfection. 
(1.) In the Sick-room.— The most available agents are fresh air 
and cleanliness. The clothing, towels, bed-linen, etc., which for 
any reason are not burned, should, on removal from the patient, 58 
and before they are taken from the room, be placed in a pail or 
tub of solution No. 2, boiling hot, if possible, and then in boiling 
water for washing. Prolonged heat, as in above 212° F., is the 
most thorough disinfectant. All vessels used for receiving the 
discharges from the sick should have some of disinfectant No. 1 
or 3, constantly therein, and after use should be cleansed with 
boiling water. i * 
(2.) Fumigation.— At the termination of quarantine the rooms 
are to be fumigated with the fumes of burning sulphur or of 
chlorine. After the room is vacated, close it as tightly as possible, 
stopping all windows, chimney or other outlets. Arrange all the 
contents of the room so that their surfaces may be reached by 
the disinfectant gas. When prepared, the gas is generated, which 
should be done only by a competent person, and the room is to 
remain closed for twenty-four hours, after which it and its contents 
should be aired thoroughly for several days. The woodwork 
should also be thoroughly washed, especially the tops of doors and 
windows, and solution No. 2 or 3 applied. Ceilings should be 
whitewashed and wall paper removed and the walls washed with 
one of the disinfectant solutions. 
Sulphur fumigation.— Roll sulphur, in the proportion of two 
pounds for a room ten feet square, is burned by placing it in an 
iron kettle, set in a tub containing a little water to guard against 
fire. It may be ignited by pouring a little alcohol or kerosene 
on it. 1 
Chlorine fumigation.— Mix well, breaking up all lumps, one 
part by measure of black oxide of manganese and two of common 
salt, and add enough water to make of the consistency of cream. 
A teacupful of this mixture is to be put into a large earthen 
vessel, as a washbowl, one or two of which may be placed in each 
room. About an equal bulk of commercial sulphuric acid is to 
be finally poured into each vessel, beginning with the most remote, 
the person retiring quickly; it is best to pour this from a pitcher; 
avoid inhaling the fumes by holding a handkerchief over the face. 
III. DISINFECTANT SOLUTIONS. 
No. 1. Sulphate of iron (copperas), 3 pounds, warm water, 1 
gallon; for the discharges. This leaves rust spots on clothing. 
No. 2. Sulphate of zinc (white vitriol), 4 ounces; common salt, 
2 ounces; water, 1 gallon. For clothing. 
No. 3. Corrosive sublimate, 60 grains; water, 1 gallon. Caution 59 
should be had of the dangerously poisonous character of this 
solution. ( ' 
N. B.— Solutions of corrosive sublimate should not be placed 
in metal receptacles, for the salt is decomposed and the mercury 
precipitated by contact with copper, lead or tin. A wooden tub or 
earthen crock is a suitable receptacle for such solutions. 
CIRCULAR OF INFORMATION CONCERNING THE 
MEASURES ADOPTED BY THE STATE BOARD OF 
HEALTH FOR THE PREVENTION OF TUBERCULOSIS 
IN THE STATE OF NEW YORK. 
The communicability of pulmonary tuberculosis has been so 
thoroughly established, and is now so generally recognized by the 
medical profession thoroughout the world, that the Board of Health 
of the State of Hew York has determined to take such active 
measures as may be consistent and possible for the prevention of 
the disease in the State of Hew York. 
First. Local health officers will hereafter register the name, 
address, sex and age of every person suffering from tuberculosis 
within their respective jurisdictions, so far as such information 
can be obtained. This board respectfully requests that here- 
after all physicians will forward such information to the health 
officials in the respective jurisdictions in which such cases may 
occur. The information will be solely for the use of health officers, 
and in no case will visits be made to such persons by public officials, 
nor will any public sanitary surveillance of such patients be as- 
sumed, unless the patient resides in a tenement-house, boarding- 
house or hotel, or unless the attending physician requests that an 
inspection be made of the premises, and in no case where the person 
resides in a tenement-house, boarding-house or hotel, if the physi- 
cian requests that no visits be made by inspectors, and is willing 
himself to deliver circulars of information or furnish such equiva- 
lent information as is required to prevent the extension of the 
disease to others. 
Second. When a local health officer obtains knowledge of the 
existence of cases of pulmonary tuberculosis residing in tenement- 
houses, boarding-houses or hotels, unless the case has been reported 
by a physician and the latter requests that no visits be made, in- 
spectors will visit the premises and family, will leave circulars 60 
of information and instruct the person suffering from consumption 
and the family concerning the measures which should be taken 
to guard against the spread of the disease; and if it is considered 
necessary, will make such recommendations for the cleaning or 
renovation of the apartment as may be required to render it free 
from infection. 
Third. In all cases where it comes to the knowledge of a local 
health officer that premises which have been occupied by consump- 
tives have been vacated by death or removal, an inspector will 
visit the premises and direct the removal of infected articles, such 
as carpets, mgs, bedding, etc., for disinfection, and will make such 
written recommendations to his immediate superior, concerning the 
cleaning and renovation of the apartment as may be required. An 
order embodying these recommendations will then be issued to 
the owner of the premises and compliance with this order will be 
enforced for sanitary reasons. No other persons than those there 
residing at the time will be allowed to occupy such apartments 
until the order of the health officer has been complied with. 
Fourth. The authorities of all public institutions under the juris- 
diction of the State Board of Health, such as hospitals, dispen- 
saries, asylums, prisons, homes, etc., shall be required to furnish 
to the Board of Health of the State of New York the names and 
last addresses of every consumptive coming under observation, 
within seven days of such time. 
It is the earnest wish and hope of the State Board of Health 
that all practising physicians throughout the State will co-operate 
with the State Board, and with the local health officers, in an 
earnest and determined effort to restrict the ravages of the most 
prevalent and formidable disease with which modem civilization 
has to deal. 
The following is a circular which is respectfully suggested for 
distribution among consumptives and persons living with them, 
and for general distribution: 
INFORMATION FOR CONSUMPTIVES AND THOSE LIV- 
ING WITH THEM. 
Consumption is a disease which can he taken from others, and 
is not simply caused by colds. A cold may make it easier to take 
the disease. It is usually caused by germs which enter the body 
with the air breathed. The matter which consumptives 30Ugh or 
spit up contains these germs in great numbers; frequently millions 61 
are discharged in a single day. This matter spit upon the floor, 
wall or elsewhere, is apt to dry, become pulverized, and float in 
the air as dust. The dust contains the germs, and thus they enter 
the body with the air breathed. The breath of a consumptive does 
not contain the germs and will not produce the disease. A well 
person catches the disease from a consumptive only by in some way 
taking in the matter coughed up by the consumptive. 
Consumption can often be cured if its nature is recognized early 
and proper means are taken for its treatment. In a majority of cases 
it is not a fatal disease. 
It is not dangerous for other persons to live with a consumptive, 
if the matter coughed up by the consumptive is at once destroyed. 
This matter should not be spit upon the floor, carpet, stove, wall 
or street, or anywhere except into a cup kept for that purpose. This 
cup should contain water, so that the matter may not dry, and 
should be emptied into the closet at least twice a day, and care- 
fully washed with hot water. Great care should be taken by a 
consumptive that his hands, face and clothing do not become soiled 
with the matter coughed up. If they do become soiled, they should 
be at once washed with hot soap and water. When consumptives 
are away from home the matter coughed up may be received on 
cloths, which should be at once burned on returning home. If 
handkerchiefs are used (worthless cloths which can be burned are 
far better) they should be boiled in water alone before being washed. 
It is better for a consumptive to sleep alone, and his bedclothing 
and personal clothing should be boiled and washed separately from 
the clothing belonging to other people. 
Whenever a person is thought to be suffering from consumption, 
the name and address should be sent at once to the local health 
officer in whose jurisdiction the case occurs, with a statement of 
this fact. An inspector will then call and examine the person to 
see if he has consumption, providing he has no physician, and if 
necessary, will give proper directions to prevent others from catch- 
ing the disease. 
A person suffering from consumption may often not only do his 
usual work without giving the disease to others, but may also get 
well, if the matter coughed up is only properly destroyed. 
Rooms that have been occupied by consumptives should be 
thoroughly cleaned, scrubbed, whitewashed, painted or papered 
before they are again occupied. Carpets, rugs, bedding, etc., from 
rooms which have been occupied by consumptives, should be 
destroyed. , VILLAGE LAW. 
Chapter 414 of Laws of 1897. 
ARTICLE X. 
Sewers 
Section 260. Establishment of sewer system. 
261. Construction of sewer at expense of village. 
262. Reimbursement for sewers constructed at private ex- 
pense. 
263. Construction of sewer at joint expense of village and 
of property benefited. 
264. 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. 
268. 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. 
277. Annual report of sewer commissioners. 
Section 260. Establishment of sewer system.— The board of 
sewer commissioners of a village may establish and maintain a 
sewqr system therein. Before taking any proceedings for the 
construction of a sewer, the hoard at the expense of the village, 
shall cause a map and plan of a permanent sewer system for such 
village to he made, with specifications of dimensions, connections 
and outlets or sewage disposal works. It may also include any 63 
existing sewer in the village. Such map and plan shall be sub- 
mitted to the state board of health for its approval, and if ap- 
proved shall be filed in its 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 board of health, and if 
amended shall be filed in the same office as the original. 
§ 261. Construction of a sewer at expense of village.— Upon 
tho adoption of a proposition therefor the whole 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 private ex- 
pense.— 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 expense 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 therefor. 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 village and 
of property benefited.— Upon the adoption of a proposition 
therefor, the whole or any part of the sewer system may he con- 
structed at the joint expense of the village and of the property 
benefited. The proposition shall describe the portion of the sys- 
tem proposed to he so constructed, shall contain a statement of the 
estimated maximum and minimum cost thereof, and also of the 
proportion of the expense to be assessed upon the village at large, 
and the aggregate proportion to he assessed upon the property 
benefited. If the proposition he adopted such aggregate propor- 
tion 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 he 
constructed may present to the hoard of sewer commissioners a 
petition for the construction of such a sewer. The hoard 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 
construction of such sewer. After such hearing the board may 64 
grant the petition in whole or in part, and shall construct a sewer 
as ordered, and assess the entire expense thereof upon the prop- 
erty 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 maxi- 
mum amount of the expense to be incurred 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 necessary 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 advertise- 
ment 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 submitting 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 again. No 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 construction of such sewer. 
§ 267. Supervising engineer ; inspectors — The board of 
sewer commissioners may employ a supervising engineer to super- 
intend and inspect the construction of any sewer or works con- 
nected therewith, and also such inspectors as may be necessary, and 
fix the compensation of such engineer and inspectors. Such com- 
pensation shall be treated as a part of the expense of construction. 
§ 268. 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 file 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; pro- 
portion as nearly as may be to the benefit which each lot or parcel 
will derive therefrom, and the ratio of such benefit shall be estab- 65 
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 
seived at least six days before the hearing. The board shall meet 
at the time and place specified and hear objections to such appor- 
tionment. It may modify and correct the same, or exclude land 
from the area of local assessment. The board of sewer commis- 
sioners, upon the completion of such apportionment, shall file the 
same in the office of the village clerk. The apportionment shall 
be deemed final and conclusive, unless an appeal be taken there- 
from within fifteen days after the filing thereof. 
§ 269. Appeal from apportionment.—A person aggrieved 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 com- 
missioners, 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 consoli- 
dated 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. 
§ 2Y1. 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 reappor- 
tionment under this subdivision shall be made in like manner as 
the original. 
§ 2Y2. Procedure by new commissioners.— The commissioners 
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 assessment as 66 
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 board of sewer commis- 
sioners. 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 dollars for each day neces- 
sarily spent in making such reapportionment, besides his actual 
necessary expenses. Such fees and expenses are a charge against 
the village, and must be audited by the board 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.— Tlie expense 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 portion of such ex- 
pense is to be borne by the village, bonds or certificates of indebted- 
ness may be isued 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 accordance with the apportionment and ratio estab- 
lished under this article. Notice of such assessment shall be 
given to the owners, who may pay the amounts assessed -within ten 
days after the service of such notice. At the expiration of such 
time bonds or certificates of indebtedness 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 principal or interest accru- 
ing during the same fiscal year upon bonds or certificates of in- 
debtedness issued on account of default in the payment of local 
assessments under this article, and shall levy the same upon the 
lots or parcels in default. I 
Such principal shall he apportioned among the lots 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 com- 
puted to the time when the principal or an instalment will become 
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. 67 
§ 276. Contracts with other municipalities.— The board of 
sewer commissioners may contract for the connection of the sewers 
thereof with the sewers of another village, or of a town or city; or 
jointly -with such other village or a town or city may construct, 
maintain, operate or use sewers, outlets or disposal works. But 
such contract shall not be made unless a proposition therefor be 
adopted, stating the maximum expense. 
§ 277. Annual report of sewer commissioners.— Between the 
first and fourth day of March in each year, the board of sewer com- 
missioners shall file with the village clerk a report containing a 
statement of the following facts: 
1. The amount of money on hand at the beginning of the pre- 
ceding fiscal year, and the receipts from all sources during such 
year. 
2. An itemized statement of the amount paid out during 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 indebt- 
edness. 
5. The improvements and extensions made during such preced- 
ing year, and the general condition of the sewer system. 
6. Such other facts as the board deems important for the infor- 
mation of the village, together with such recommendations con- 
cerning the department as may be deemed proper.