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CHAP. 316.

Deputy Comptroller.

AN ACT establishing the salary of the deputy comptroller.

PASSED May 18, 1880; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows ; Salary. SECTION 1. The salary of the deputy comptroller is hereby fixed at

four thousand dollars per annum, from the first day of June, eighteen Appropria hundred and eighty, and the sum of five hundred dollars is hereby deficiency. appropriated to supply deficiency in said salary.

§ 2. All laws inconsistent with this act are hereby repealed.
§ 3. This act shall take effect immediately.

Supervi. sors,

ch. 482,

CHAP 820.

. AN ACT to amend chapter four hundred and eighty-two of

the laws of eighteen hundred and seventy-five, entitled “An act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors.

PASSED May 18, 1880; three-fifths being present, The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Amending SECTION 1. The fifth subdivision of the first section of chapter Laws 1875.

four hundred and eighty-two of the laws of eighteen hundred and seventy-five, entitled "An act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors," as modified and amended by chapter two hundred and fifty-seven of the laws of eighteen hundred and seventy-six, and chapter three hundred and sixty-four of the laws of eighteen hundred and seventy-nine, is hereby further amended so as to

read as follows: Supervi

5. To provide for the care, maintenance, preservation and reparation of any draw or other bridge (except on the Hudson river below Waterford and on the East river, or over the waters forming the bound

aries of this State), crossing a stream which forms at the point of for main., crossing the dividing line of counties or of towns, and the maintenance, Joint

care, and preservation of which bridge is by law a joint charge on such counties, or on such towns, or on the towns in which such bridge may be situated, and to severally apportion, as such board may deem equitable, the charge and expense for such maintenance, care, preservation, and reparation, on the towns respectively liable therefor, or on the respective counties when liable; but when such bridge shall spun any portion of the navigable tide-waters of this State forming at the point of crossing the boundary line between two counties, such erpense shall be a joint and equal charge on the two counties in which the same is situated, and the board of supervisors in each of such counties is hereby authorized and directed to apportion such expense among the several towns and cities in their respective counties, or upon any or either of such towns and counties as in their judgment

sors of two counties authorized

to appurtion

tenance of

bridge.

may seem proper, provided, however, that no town or city not immediately adjacent to such waters at the point spanned by such bridge shall be liable for any larger proportion of such expense, than the taxable property of such town or city bears to the total amount of taxable property of such county. But no such bridge shall be constructed unless the same is authorized by a resolution adopted by a majority of the board of supervisors in each of such counties.

§ 2. This act shall take effect immediately. Ante, p. 158.

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health,

AN ACT to establish a State board of health.

Board of Passed May 18, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Within twenty days after the passage of this act, the Establishgovernor shall appoint, by and with the advice and consent of the senate, three State commissioners of health, two of whom shall be graduates of legally constituted medical colleges and of not less than seven years' practice of their profession. The said commissioners together with the attorney-general, the superintendent of the State survey and the health officer of the port of New York, who shall be ex-officio members of the State board of health, and three other persons to be designated and appointed by the governor, one of whom shall be a commissioner of health of the board of health of the city of New York, and the others shall be members or commissioners of health of regularly constituted and organized boards of health of cities of the State, shall constitute the board of health of the State of New York. Nothing in chapter three hundred and thirty-five of the laws of eighteen hundred and seventy-three, of the State of New York or in the laws amending the same, or in the laws constituting boards of health in the varrious cities of the State, shall be read or construed to prevent the appointment of the said commissioners of board of health of cities, also members of the board of health of the State of New York, and no appointment to an office or acceptance thereof under this law shall be held to vacate the office previously held in any board of health of any city in this State.

$ 2. The said three commissioners so appointed shall take the oath Commisof office prescribed by the constitution for State officers, and receive oath. from the secretary of State certificates of their appointment. They shall hold office for three years, and whenever a vacancy occurs, the place shall be filled as in other cases provided by law, and the other commissioners shall, from time to time, be designated by the governor as occasion may require, or as their places may be vacated in the board by the expiration of their several terms of office.

$ 3. The State board of health shall meet at least once in every three Meetings months and as much oftener as they shall deem necessary, their first meeting being held in the city of Albany within two weeks after the appointment duly made of the members of the first board and after they shall have qualified as aforesaid, and each annual meeting shall be held within two weeks after the first of May each year after the first, as herein provided. No member of the board except the secretary

sioners'

shall receive any compensation, but the actual traveling and other expenses of the members and officers of said board while engaged in their duties shall be allowed and paid out of the appropriation made for its support. They shall elect annually one member of the board to be president; they shall also elect from among their own members or otherwise, a person of skill and experience in public health duties and sanitary science, to be the secretary and executive officer of said board, who shall have all the powers and privileges of a member of the board except in regard to voting upon matters relating to his own office and duties as secretary, and he shall hold said office for the term of three years, but he may be removed for cause after a full hearing

by the board, a majority of the members voting therefor, By-laws.

$ 4. The State board of health may adopt by-laws regulating the transaction of its business, and provide therein for the appointment of committess * in whom it shall delegate authority and power for the work committed to them, and it may also adopt and use an official .seal. Five members shall constitute a quorum for the transaction of

business. Secretary,

$ 5. The secretary shall keep a record of the acts and proceedings duties of. of the board, perform and superintend the work prescribed in this

act, and such other duties as the board may order, and shall receive an annual salary of three thousand dollars, which' shall be paid him in the same manner as the salaries of other State officers are paid, and such necessary expenses shall be allowed him as the comptroller shall audit on the presentation of an itemized account having vouchers annexed, together with the certificate of the board.

$ 6. Said board shall take cognizance of the interests of health and life among the people of the State, they shall make inquiries in respect to the cause of disease, and especially of epidemics, and investigate the sources of mortality, and the effects of localities, employments and other conditions upon the public health. It shall be the duty of said board to obtain, collect and preserve such information relating to

, deaths, diseases and health as may be useful in the discharge of its duties, and contribute to the promotion of the health or the security of life in the State of New York. And it shall be the duty of all health officers and boards of health in the State to communicate to said State board of health copies of all their reports and publications; also such sanitary information as may be useful.

§ 7. It shall be the duty of the State board of health to have the general supervision of the State system of registration of births, marriages and deaths, and also the registrat on of prevalent diseases. Said board shall prepare the necessary methods and forms for obtaining and preserving such records, and to insure the faithful registration of the same in the several counties, and in the central bureau of vital statistics at the capital of the State. The said board of health shall recommend such forms and amendments of law as shall be deemed to be necessary for the thorough organization and efficiency of the registration of vital statistics thoughout the State. The secretary of said board of health shall be the superintendent of registration of vital satististics of the State. As supervised by the said board, the clerical duties and safe-keeping of the bureau of vital statistics thus created shall be provided for by the comptroller of the State, who shall also provide and furnish such apartments and stationery as said board shall require in the discharge of its duties. And the State board of health

Duties of board.

* So in original.

shall also prepare the necessary methods and forms and prescribe the rules regulating the issue and use of transfer permits, with the proper coupons attached thereto, to be issued by local organized boards of health, for the transportation of the dead bodies of persons which are to be carried for burial beyond the limits of the counties where the death occurs; and in all cases the said board of health shall require coupons to be attached to such permits, to be detached and preserved by every common carrier, or the person in charge of any vessel, said railroad train or vehicle to whom such dead bodies shall be delivered for transportation. Any violation of such rules and regulations shall be a misdemeanor.

8 8. At any time the governor of the State may require the State Governor board of health to examine into nuisances, or questions affecting the quire security of life and health in any locality, and in such case the said board to board shall have all necessary powers to make such examinations, and into nuiit shall report the results thereof to the governor within the limits of time which he shall prescribe for such examination and report. The report of such examination, when approved by the governor, shall be filed in the office of the secretary of State, and the governor may, in relation to the matters or things found and certified by the State board of health to be nuisances, declare them to be public nuisances, and order them to be changed as he shall direct, or abated and removed. Any violation of such an order shall be held and punished as a misdemeanor, and thereafter, the governor may by his order, in writing, certified under his official seal, directed to the officers of the county in which the said nuisance shall be situated, require the district attorney, the sheriff and the other officers of every such county, to take ali necessary measures to execute and to have obeyed the order of the governor.

$ 9. At any time at the request of the State board of health, or Board may whenever the governor shall as herein before provided have directed an examination and report to be made by the State board of health into of local any alleged nuisance, any board of health of any city of the State may appoint and select any one of its officers as its representatives, them. during such examination of any nuisance, and such representative officer shall have a seat at, and be entitled to take part in, all the deliberations of the State board of bealth, during such investigation, but without the right to vote. 8 10. Said board may, from time to time, engage suitable persons to May em.

ploy scienrender sanitary service and to make or supervise practical and scien- tific pertisic investigations and examinations requiring expert skill, and to sons to prepare plans and report relative thereto. And it is hereby made the duty of all officers and agents having the control, charge or custody of any public structure, work, ground or erection, or of any plan, description, outlines, drawings or charts thereof, or relating thereto, made, kept or controlled under any pubiic authority, to permit and facilitate the examination and inspection, and the making of copies of the same by any officer or person by said board authorized; and the members of said board, and such other officer or person as may at any time be by said board authorized, may, without fee or hindrance, enter, examine and survey all grounds, erections, vehicles, structures, apartments, buildings and places. But no more than five thousand dollars in any one year shall be expended for such special sanitary service.

$ 11. It shall be the duty of said board, on or before the first Mon- Report. day of December in each year to make a report in writing to the gor

select membery

board to act with

assist.

ernor of the State, upon the vital statistics and the sanitary condition and prospects of the State ; and such report shall set forth the action of said board and of its officers and agents and the names thereof, for the past year, and may contain other useful information, and shall suggest any further legislative action or precautions deemed proper for the better protection of life and health. And the annual report of said board shall also contain a detailed statement of the comptroller of all money paid out by or on account of said board, and a detailed statement of the manner of its expenditure, during the vear last past, but its total expenditures shall not exceed the sum of fifteen thousand dollars in any one year.

$ 12. The sum of fifteen thousand dollars is hereby appropriated from the general fund for the purposes of this act, and the expenditures properly incurred by authority of said board and verified by afidavit, subject, however, to the limitations hereinbefore imposed, and shall be paid by the treasurer upon the warrant of the comptroller.

8 14. This act shall take effect immediately.

Appropriution.

CHAP 86,

ch

Suporul AN ACT supplemental to chapter one hundred and ninety

four of the laws of eighteen hundred and forty-nine, entitled “An act to vest in the board of supervisors certain legislative powers, and to prescribe their fees for certain services." and to repeal chapter five hundred and ninety-seven of the laws of eighteen hundred and seventy, amendatory of said act.

Passed May 20, 1880; three-fifths being present. The People of the State of Vew York, represented in Senate and

Assembly, do enact as follows : Supple

SECTION 1. Whenever any board of supervisors shall form a new mental to town within its respective county, from parts of other towns, or town Laws 1849, which shall have bonded to aid in the construction of any railroad repeating under any act authorizing the same, and such bonds, or any part Laws 1870. thereof, shall remain unpaid, or when any board of supervisors shall

change the line of any town which shall have bonded to aid in the

construction of any railroad in this State, and such bonds, or any part Formation thereof, shall remain unpaid, the new town so formed and the part or towns and parts taken from a town and added to another town shall pay a proporapportion- tionate share of such bonds as shall remain unpaid, which share shall bonds for be ascertained from the assessed valuation of such town or towns as

contained in the last equalized valuation of the assessment roll, made railroads. prior to the formation of such town or the change of any such town

line. Railroad $ 2. It shall be the duty of the railroad commissioners of the town. sioners to any part of whose territory shall have been detached as aforesaid, to

render a true statement to the board of supervisors, as now required by the general railroad act, of the amount necessary to pay the proportionate share belonging to the territory detached from their town, which may be then coming due, and the board of supervisors shall add such proportionate share to the sums to be collected from the town 30

construction of

render statement.

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