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Annual report to governor.

said board of health are paid. And in and about the execution of any order of the board of health or of the board of police made pursnant thereto, police officers and policeinen shall have as ample power and anthority as when obeying any order of or law applicable to the police board, or as if acting under a special warrant of a justice or judge, duly issued; but for their conduct they shall be responsible to the

board of police and not to the board of health. To gather $ 18. It shall be the duty of said board so far as it may be serve infor: able without serious expense, to gather and preserve snel disease, etc. information and facts relating to deaths, disease and health,

from other parts of this state, but especially in said district, 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 oficers and boards of health in this state to communicate to said metropolitan board of health copies of their reports, and also such sanitary information as may be useful in said district. And said board sball keep records of its acts and proceedings as a board, and of the execution of its orders, so far as reasonably practicable.

$ 19. It shall be the duty of said board, on or before the first Monday of December in each year, to make a report in writing to the governor of this state, iipon the sanitary condition and prospects of said district; and such report shall set forth generally the statistics of births, deaths and marriages, the action of said board and of its officers and agents, and the names thereof, for the past year, and may contain other liseful information, and shall suggest any further legislative action or precautions deemed proper for the better protection of life and health, as well in other parts of the state as especially in said district. Snch annual report may contain the sanitary rules and by-laws adopted by the board hereby created. And the annual report of said board shall also contain a detailed statement, under the oath of the treasurer, of all money received and paid out by said board, or its treasurer, and a detailed statement of the manner of its expenditure during the year last past, and of the fmds on hand. Said boård may avnually bave not exceeding one thonsand copies of said report printed in an economical form, at the expense of said board, and may distribute the same as sball be best adapted to promote the purposes of this law; but a copy of said report shall be sent to each duly organized board of health in the State of New York which may bave requested such copy, and shall have furuished said board with a copy

of its own annual report. By-laws. $ 20. Said board may enact such by-laws, rules and regula

tions as it may deem advisable, in harmony with the provisious and purposes of this act, and not inconsistent with the constitution or laws of this state, for the regulation of the

To be pripted.

be of force.

action of said board, its officers and agents, in the discharge of its and their duties, and for the protectiou of life and public health ; and, from time to time, may alter, avoul or amend the same. And said board shall, in like manner, before said rules and ordinances take effect, and for more fully carrying into effect the intents and purposes of this act, annually, on or before the tenth day of May, in any year, make and publish the same twice a week for three siiccessive weeks next thereafter, in two daily newspapers published in the city of New York, and in one daily newspaper published in the city of Brooklyn, a "code of health ordinances" for the protection of the public health in said district, to take effect on and after the first day of June next thereafter following, and to remain How long to in full virtuie, force and effect within said district for the term of one year, unless annulled; and all courts and tribunals, or any judge or justice thereof, shall take cognizance of and give effect to said ordinances and the several parts thereof, and may enforce such grdinances by a penalty not exceeding Amount of

penalty. fifty dollars for each offense, recoverable in any justice's or district court, with costs;. but nothing in this section contained shall be construed as in any manner limitiug any powers herein elsewhere contained. Post, p. 796.

$ 21. Said board shall cause to be kept a general complaint Cook? book, or several such books, in which may be entered by any person, in good faith, any complaints of a sanitary vature which such person thinks inay be useful, with the vame and residence of the complainant, and may give the name of the person or persons complained of, and the date of the entry of the complaint, and such suggestions of any remedy as may in good faith be thought appropriate, and said books shall be open to all reasonable public examination as the board may anthorize; and the board shall cause the facts in regard to such complaints to be investigated, and the appropriate remedy to be applied.

$ 22. Said board may, from time to time, engage a suitable Sanitary person or persons to render sanitary engineering service, and etc. to make or supervise practical and scientific sanitary investigations and examinations in said district requiring engineering skill, and to prepare plans and reports relative thereto. And it is hereby made the duty of all boards, officers and agents. baving the control, charge or custody of any public Public structure, work, ground or erection, or of any plan, description, outline, drawing or charts thereof, or relating thereto, made, kept or controlled under any public authority, to permit and facilitate the examination and inspection, and the making of copies of the same, by any officer or person thereto by said board authorized; and the members of said board, the Powers of sanitary superintendent or assistant aforesaid, any of the relation aforesaid sanitary inspectors, and such other officer or person as may at any time be by said board authorized, may, with

engineering

buildings

,

worn

to be such.

ont fee or hindrance, enter, examine and survey all grondds, erections, vehicles, structures, apartments, buildings and places in said district, including vessels of all kinds in the adjacent waters, and all cellars, sewers, passages and excavations of every sort, and inspect the safety and sanitary condition and make plans, drawings and descriptions thereof, according to the order or regulations of said board. Said board may make and publish a report of the sanitary condition, and the result of the inspection of any place, matter or thing in said district so inspected, or otherwise as aforesaid,

so far as, in the opinion of said board, such publication may Bagge to be be useful. And said board may provide a badge of metal,

with a snitable inscription thereon), and direct and require it to be worn, in a position to be designated, by any person or officer under the authority of said board, at such times and

under such circumstances as the rules or by-laws of said board Penalty for shall direct. It sball be a wisdemeanor, punishable by ko' officer imprisonment in the county jail, or in the city and county of ng himsell New York, in the penitentiary, for not less than one year por

exceeding twoʻyears, or by a fine of not less than two hudred and fifty dollars, for any person, not an officer iwder this act, to falsely represent himself as such, with a frandulent design upon persons or property, or to bave, use, wear or display, without authority, any shield, or other insignia or emblem such as is worn by such officer. But no more than five thousand dollars in any one year shall be expended for

sanitary engineering service. Meetings of S 23. Said board shall hold regular and special meetings board.

as frequently as the proper and efficient discharge of its duties shall require; the same to be beld (unless it sball be impracticable so to do, or shall be, for good reasons, otherwise ordered), at the regular office of said board in the city of New York; and the rules or by-laws shall provide for the giving of proper notice of all such meetings to the members of the board. And all meetings shall, in every suit and proceedling, be taken to liave been duly called and regularly beld, and all orders and proceedings to have beeu duly authorized, unless

the contrary be proved. Date as to S 24. It shall be the duty of said board of health to aid in healin lawa. the enforcement of, and, so far as practicable, to euforce all

Jaws of this state, applicable in said district to the preservation of human life, or to the care, promotion or protection of health ; and said board may exercise the authority given by said laws to enable it to discharge the duty hereby imposed ; and this section is intended to include all laws relative to cleanliness, and to the use or sale of poisonous, un wholesome, deleterious or adulterated drugs, medicine or food. And said

board is anthorized to require reports and information (at from bospl

such times and of such facts, and generally of such nature and extent, relating to the safety of life and promotiou of

all state

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to do,

health as its by-laws or rules may provide) from all public dispensaries, hospitals, asylums, infirmaries, prisons and schools, and from the managers, principals and officers thereof; and from all other public institutions, their officers and managers, and from the proprietors, managers, lessees and occupants of all theaters and other places of public resort or amusement in said district; but such reports and information shall only be required concerning matters or par: ticulars in respect of which it may, in its opinion, need information for the better discharge of its duties in said district. And it is hereby made the duty of the officers, institutions and persons so called on, or referred to, to promptly give such information and make such reports, verbally or in writing, as may be required by said boards. And it is hereby further made the duty of all persons, officers and boards to make to said board of health the reports and returns, and to give the information and afford to said board the aid and facilities which, by law or ordinance they or any of them were reqnired to make, afford or give to any person, officer or board, when any powers hereby conferred on said board of health were exercised by any other officer or board.

S 25. Such board shall not be required to make any return what board or report, or give any information or advice, or do any act required which, under the former administration of the health laws in said district, was made necessary or appropriate by reason of the various officers, boards or agents by or through which said laws were executed or administered, or the powers hereby conferred were exercised ; and said board may establish reasonable regulations as to the publicity of its records and proceedings; and may publish such information as may, in its opinion, be useful, concerning births, deaths, marriages, sickness and the general sanitary condition of said district on any matter, place or thing therein.

S 26. The department known as the “city inspector's Cly inepeo department,” and every bureau thereof, and so much of the ment abor twenty-seventh section of the four hundred and forty-sixth chapter of the Laws of eighteen hundred and fifty seven as relate thereto, and each and every office in the said district relating to the public health, or the duties of which are conferred on said board (except the health officer of the port of New York and the board of quarantine comunissioners and its officers), are hereby abolished. And no salary or compensation sball be due or paid by any otlicer or board whatever, to any officer or agent or board in said district for services to be revidered after this act goes into effect, under any law or ord.nance concerning life or public health, except under this act and as authorized by the board hereby created. And all other and other boards and officers now existing in said district under or by virtue of any law or ordinance relating to public health, are hereby also abolished; and no compensation shall be paid to or

ished,

boards,

money raised for expenses shall be paid.

Examination into

ol tunds.

in respect of the same for any service rendered after this law shall go into effect, save as said board of health shall

authorize. Where $ 27. All the sums of money provided or raised for meeting

the expenses, compensations and payments provided by this act, or that may be authorized by said board (except penalties or other sums received and amounts collected by suit as herein provided) shall be paid into the treasury of the state, and shall constitute a fund to be, so far as needed, used by said board in the performance of its duties and discharge of its obligations; and may and shall be paid therefrom, on the order of the treasurer of said board, as said board may direct, and shall be applied and paid by the treasurer of said board only as this act and the regulatious of said board may authorize. And unless this boaril shall otherwise specially provide, all salaries and compensation for services and expense shall,

so far as practicable, be paid quarterly. And any member or application officer of said board may, if a judge shall so order, be sum

marily examined upon an order (to be made on application and written affidavit on the oath of three freeholders of said district), reqniring such examination, and signed by any justice of the supreme court of the first judicial district, and directing such examination to be publicly madle, at the chambers of said justice, at a day and hour to be named, not less than forty-eight hours after personal service of said order, and such examination shall be confined to an inquiry into any alleged wrongful diversion or misapplication of any of said moneys or fund, or any other delinquency charged in said attidavit, touching their office or the discharge or neglect of duty of which it is alleged, in the application for said order, that such member of said board or said officer has knowledge or ivformation. And such member or officer shall answer such pertinent questions relative thereto as the judge shall direct, and the examination may be continued from time to time as such judge may order, but the answers of the party charged shall not be used against him on any criminal proceeding. The proceedings may be continued before any other judge in said district, and other witnesses, as well as the parties making such application, may, in the discretion of such judge, be compelled to attend and be examined touching such alleged delinquency; and such judge may punish any refusal to attend such examination or to answer any questions pursuant to his order as for and being a contempt of court. And such examination, affidavit and orders shall be filed in the office of the county clerk of the county of New York. And in regard to this last examination and matters therewith connected, any such judge shall have all the powers and authority conferred in respect to the examination or proceedings mentioned in the fourteenth section hereof, as if herein repeated.

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