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LAWS
OF THE
STATE OF NEW YORK,
RELATING TO TIIE
PASSED IN 1866 & 1867.
USEEW YORIA:
BERGEN & TRIPP, STEAM PRINTERS,
114 rr^ssA^-cr steeet.
1867.
��LAWS OF 1866.
CHAPTER 74.
AN ACT to Create a Metropolitan Sanitary Di^rH and Board
of Health-Therein, for the presciwation of Lifcjgnd Health, and
to Prevent the Spread of Disease. PikSgj'eb ®a|gg6, 1866,
three-fifths being preseiwM
The People of the State oflj[ew
Assembly, do enact
follows :
Section 1. So rnuclwof the territory of the State oWNcw
York, and of the cities, plages and t JlE1 gf
w com' Limits of dis
trict.
poses the Metropolitan police district of ty St|^^ of New York,
shall constitute, and is hereby declared, a district to be known
as ‘‘The Metropolitan Sanitary DMM‘ict MW) State of New
York.”
§ 2. Within fifteen days after the passage of this act the Gov
Mode of appoint
ernor shall nominate, and, by and feithfehe^SEn of the Senate, ment of tirst
commissioners.
shall appoint four suitable pcrsofl indents ggid distfflcAthree
of whom mist be physicians, and one E™!0
all^J resident
of the city of Brooklyn who, wife the HetMh OffiHer of the port
of New York for the time being, shall bcEnitaEComiffissioners Sanitary Com
in and for said district; andlh^^Kl Sanitary Commissioners, missioners.
together with the Commissioners, for any time being, of the Metro
politan Police, (not exceeding four,fend being the pi^nt four and
their successors,) shall constitute a board of health for the said
Metropolitan sanitar/district, and said btferdtfhallbe denomi Designation of
nated “ The Metropolitan Board of Health®’ anjlfivemembers of Board. .
which, at any regularly called or adjourned meeting, shall organ
ize and constitute ^quorum for the transaction of business; and Quorum.
the phrase “ said board, | or ‘"he board,J” when used herein un
less clearly referring to some other body, shall be construed to Mean-ng of
mean said “The Metropolitan Board of Health” and the phrase phrases.
“ said district, ” or “the district, ” unless the same clearly refers
�4
Official term of
first Commis
sioners.
Oath.
Term of Office
and appoint
ment of subse
quent commis
sioners .
Vacancies.
to some other district, shall be construed to refer to said “The
Metropolitan Sanitary District of the State of New York.” And
the term “ sanitary commissioners” shall refer to the members of
said board who are not also members of the Board of Police, and
whenever the words “police,” “board of police,” or “police
commissioners” are used in this act, they shall be taken and con
strued to mean the “ Board of Metropolitan Police Commissioners
of the Metropolitan police district of the State of New York.”
And whenever the words “place, matter or thing,” or cither two
of said words, are used in this act, they shall, unless the sense
plainly requires a different construction, be construed to include
whatever is embraced in the enumeration with which they are
connected in either and both clauses of the fourteenth section of
this act.
§ 3. The said four persons so appointed shall hold office as
such Sanitary Commissioners respectively for the terms following
namely: One for one year, one for two years, one for three years
and one for four years, and until their successors are appointed
and qualified. Immediately after the appointment of said four
persons as aforesaid, they shall meet in the office of the Secretary
of State, and shall proceed, under his direction, to determine by
lot which of them shall hold, for the respective terms of one, two,
three, and four years, the said office of Sanitary Commissioner.
Immediately, and before entering upon the duties of the office,
they shall take the oath prescribed for State officers by the con
stitution of the State, and shall file the same in the office of the
Secretary of State, who upon receiving the said oath of office,
shall issue to each of said commissioners a certificate of appoint
ment for his respective term of office so determined as aforesaid ;
upon receiving which they shall severally be and become San
itary Commissioners, and shall possess and exercise the powers
and perform the duties of said board as defined in this act.
§ 4. The term of office of each of the said Sanitary Commis
sioners, after the expiration of the terms aforesaid, shall be four
years, and they shall be appointed upon the nomination of the
Governor, by and with the advice and consent of the Senate.
Any vacancies that may occur by reason of death, resignation,
removal from office or otherwise, shall be filled in like manner,
But if any vacancy shall occur during the recess of the Senate,
the Governor may fill such vacancy by appointment, and the per
son so appointed shall hold office until twenty days after the next
meeting of the Senate.
�§5. * Immediately after the four appointed Sanitary Commis- Organize,
sioners shall have taken the oath of office as above provided, they
shall meet with the Commissioners of the Metropolitan Police,
and the Commissioners ofMetropolitan Police with them and the
Health officer of the port of New York, and organize as a Board
of Health by electing one of saLd^fed-d tzBMMmesident. and one president,
of said Board to be Treasurer thereof, and by appointing a proper
person to be Secretary of said Board. And the successive Presi
dents of said Board of Health shall be annually e'ectcd by the
said Board from the members thereof, and the successive Treas
urers shall be members of said Board; but the Secretary shall
not be a member of the Board. The Treasurer and Secretary secretary^and
shall respectively continue in office as such until removed by the
election of a successor or otherwise. 'The said Sanitary Com- Salaries,
missioners shall each receive a salary of two
hun
dred dollars a year ; and each Police Commissioner who may be
a member of said Board of Health, and the Health officer, shall
as such receive a salary of five hundred dollars a year and the
member of said Board of Health, who acts as Treasurer, shall re
ceive an additional compensation of five hundred dollars a year
for his services as Treasurer. All salaries allowed under this law
shall be payable as the Board shall provide. But for every regu- tend meetings,
lar or special meeting of said Board, which any Sanitary Com
missioner or the Secretary shall fail to attend, there shall be de
ducted from the salary of the person so failing the sum of ten
dollars ; and for every failure of a Police Commissioner, or of said
Health officer to attend any such meeting, there shall be deducted
from his said salary the sum of two dollars; and
be the
duty of the Treasurer to see that all such deductions are made
before payments of said salaries.! The Board may appoint a Cor- sew’etai°"dinS
responding Secretrrl thou
sand dollars.
§6. The
|Mscrve president,
order at the meetings oaifeWBo1 Cygbs^nce of
or inability of the regular Secretary to attend, he shall appoint a
Secretary pro tern., who, for
gg’form any
duty of the Secretary.|| The President shall have all the power Sucpt Cleanin
and authority given to the “City Inspector,” in
hundred
and forty-sixth chaptfljof ^^a^ oBgightgi hundred and sixty* Amended,
+ Amended,
t Amended,
|| Amended.
Laws of 1S66, Chapter 6S6, Section 4.
Laws of 1S67, Chapter 956, Section 16.
Laws of 1866, Chapter 6S6, Section 4.
Laws of 1867, Chapter 956, Section 1.
�6
Old contracts.
Officers, pro.
tem.
Duties of Sec
retary.
Salary of Secre
tary.
Seal.
Treasurer.
Bond.
Treasurer’s ac
counts.
five, (passed May first, eighteen hundred and sixty-five), in res
pect to the making, awarding or executing of a contract or con
tracts for street cleaning, or any matter thereto pertaining. But
nothing herein contained shall be construed as effecting in any
manner the validity of any contract heretofore made by virtue of
said act. And the Board at any time, in the absence of the Pre
sident or Secretary, may elect a President or Secret ary pro tem.
from their number, who shall exercise the powers of such officers
*
respectively. The Secretary shall, subject to the direction of
said Board, keep and authenticate its acts, records, papers, and
proceedings, preserve its books and papers, conduct its corres
pondence and aid in accomplishing the purposes of this law, as
the Board may direct ; and said officer (as well as the other offi
cers and agents appointed by said Board) shall be subject to re
moval by the Board for cause, to be entered in its minutes, and
said Board may appoint his or their successor ; and his salary, to
be fixed from time to time'by the Board, shall not exceed three
thousand fivehundred dollars annually!] ■ Said Board may design
and adopt a seal and use j,he same in the Authentication of its
orders and proceedings, commissioning its officers and agents,
and otherwise, as the rule®. of the Board may provide.
§7. The Treasurer of said Board shall be the fiscal officer'
of the Board. He shall hold, and on check and voucher, duly
disburse, as said Board may order, and for the purposes of
and in conformity to this act, the moneys he may receive, or be
longing to the fund herein provided; and shall deposit the same
when paid to him by the Treasurer of the State of New York, or
otherwise, and pending the regular disbursement thereof, in a
bank or banks in the city of New York designated by such last
named officer. He shall execute a bond, with not less than two
sureties, conditioned in a penalty of thirty thousand dollars, to
the people of the State of New York, for the faithful discharge of
his duties as such Treasurer. The sureties, not less than two in
number, shall justify before a Justice of the Supreme Court, in
the aggregate in a sum not less than twice the last named
amount; but before the said Treasurer shall enter upon his duties
the said bond shall be approved by and filed with the Comptroller
of the State. The Treasurer shall keep, or cause to be kept,
books showing all his receipts and payments, and shall preserve
his vouchers therefor ; and should any collections ever be made
on such bond, or in suits or proceedings, or otherwise, by said
* Amended, Laws of 186T, Chapter 956, Section 1.
�7
Board, the amount thereof shall be received and accounted for
by the Treasurer, or in case of collection on his bond, by the re
cipient thereof, to the State Treasurer, and be deposited in the
bank or bariks aforesaid, applied for the legitimate uses of said
Board, or as herein elsewhere provided.
8 8. Any sanitary commissioner of s®d Board who shall ac®
n
,. • T
• I J
i
-TI ki® term ot office, no other
p Hold
cept or ,hold any polwicajl or municipal office during t- +
office, or shall b® publicly nominated for any office eljgti^e by the
people, and shall not, within ten days succeeding his knowledge
thereof, publicly decline the said nomination, shall, in either case,
be deemed thereby to have vacated his membership of said Board,
and the vacancy so cii^Wd||}aB|l befi11
to other
vacancies; but membership of this Board shall not affect member
ship in the Board of Police or the office of Health officer.
§ 9. Any member of the said Board may, at any time, be re
moved from office by the Governor, under the provisions of thelaws commissioners,
relative to the removal of sheriffs from office, which provisions are
hereby extended so as to relate to the members ofSMIBoaWl; but
before such removal, suclt^Bmber'^lill
specific
charges, stating the der^icMon of duty complained of; and shall
be afforded an adequate opportunity to publicly answer the same
and to make his defen c’flgretg, upon reasonable notice to IpKven
him; and on tha application of the Governor, or the party charg
ed, any judge df the SiAenwGoi^Mhll have as full power and
authority to compel the ^tegdam^^m examination of witnesses,
touching such charges oilfefe&ice^MMthe production of books
and papers relating the»to,ft the place and time where the afore
said proceedings or hearing may take place, as is given herein in
respect to the e^ii^myion
the production of pa
pers, on the application of said Board, in the fourteenth section of
this act. And it shall be the duty of such judge (and olany
other judge named w said section) to exercise such authority,
and to take or supervise the taking of such examination to be
used on the hearing of suM charges or defence. And if, by re
movals or other cause, the members of the Board shall be less Powers of Boarfl
than five (but not less than threa) the existing members shall flyeenless than
still constitute a Board, competent, by unanimous action to exer
cise the powers delegated by this act.
§ 10. Said Board shall have powe^jloHreate a chief executive
office, and appoint a suitable person to fill such office, who shall indent.UP
be an experienced and skillful physician, resident in said district,
whose full name of office shall be, “ The Sanitary Superintendent
�8
of the Metropolitan Sanitary district of the State of New York,”
but he may be designated as “Sanitary Superintendent.’ It
shall be the duty of said officer, as he may be directed, to exe
cute, or cause to bo executed, the orders of said Board, and gen
erally, according to its instruction, to exercise a practical super
vision in respect to the inspectors, agents and other persons
(other than the Secretary, Treasurer and members of the Board,
or the members of the police force,) who may exercise any
authority under this act; and said officer shall devote his services
to the aforesaid purposes- as the Board may from time to time
direct. He shall be entitled to receive a salary to be fixed by
Salary of Super the Board, which shall not exceed five thousand dollars annually
*
intendent.
Such Superintendent shaft make report® weekly, or oftener, if di
rected by the Board, in writtag, ‘stating generally his own action
and that of his subordinates, and the condition of the public
health in said district,.‘and any causes endangering life or health
that have come to his knowledge during said period. And said
Assistant Su
Board may appoint two f Assistant Sanitary!
S
* uperintendents,
”
perintendents.
one of whom shall be a resident of th® city of Brooklyn, and shall
principally perform his duties in that city, whose duties shall be
of the same nature as those of the last named officer; and their
Salary of Assis salaries,, not to exceed thirty-five hundred dollars a year each,
tants.
shall be fixed by the Board.f
§ 11. Sail Bdlard may appoint and commission such number
Sanitary Inspec of “ sanitary inspectors
■
as the Board may deem needful, not
tors.
exceeding fifteen, and, from time to time prescribe the duties and
*
salaries J of each of said inspectorsand the place of their perfor
mance (and of all other persons exercising any authority under
said Board, except as herein specially provided ;) but at least ten
of such inspectors shall be physicians of skill and of practical
professional experience in said district, and the residue thereof
shall be selected with reference to their practical knowledge of
scientific or sanitary matters, Wvhich may especially qualify them
for such inspectors^ Each of such inspectors shall, twice in each
Duties of In
week, make a written report to said Bwd, stating what duties
spectors.
he has performed and where he has performed them, and also
such facts as have come to his knowledge, connected with the
purposes of this act as are by him deemed worthy the atten
tion of said Board, or as its regulations may require of him; and
Deports pre
such, and the other reports herein elsewhere mentioned, shall be
served.
* Amended, Laws of 1S67, Chapter 956, Section 15.
■t Amended, Laws of 1S67, Chapter 956, Section 15.
J Amended, Laws of 1867, Chapter 956, Section 15.
�9
preserved among the records of said Board. The Board may
also employ such number of clerks and servants, and fix their Clerks.
salaries, and take such legal advice and employ such attorneys, Attorneys.
as may be necessary to the efficient, safe and economical dis
charge of the duties by this act d<Bolw4 on said Board. And Offices,.
may also rent, lease, fit up and furnish such officK^affillhe conven
ience of the Board, its officers, agents and employees, and the
prudent and proper discharge of the duties of thcapM’d may re
quire ; and may make siuMncffleffial and additional expenditures, Incidental ex
penses.
having due regard t® economy, as the purposes ai^^RvBions of
this act and the dangers to lifHand public hmlth may justify or
require; and ma^provide
anHmlwe of a|H officcMagent
Forfeiture of
or employee of the Beard to du^Kulfill his engagements or dis pay.
charge his dutyj shall cause a fiS^ture of the whole or any less
portion of the salary oiwjompenmtion of such officer, agent or
employee, as the Vul® or practice of the Board may provide.
And the Board of Police iM^mhorized to allow the Boar® of
Offices.
Health to occupf afportio] of its pren^H,
§ 12. * The authoritrndu^^^Mpowe^^^MthergivenMany
have
law; or by any ordinance ma^^fflhereunder heretofore (for the Board tohereto
powers
fore exercised
purpose of presetting or protecting life oahealtl™ oiBpr eventing by .other boards
disease) conferrecyupon or now belonging to, or being exercised and officers.
by the board of ffimth, or the board of public health of or
in the city of New York, or of or in the city of Brooklyn, or else
where in saidjgmB®, the mayor andcommon council of either
of said cities, the mayor of the city of New Yorfl by and with
the advice and consent of the board of aldermc^BtlHpresident
of the board of aidermen, the jHsident of the board of psistant
aldermen (or councilmen,) the resident ^^HcianMthe health
commissioner, the mayor ancMtlfflBommiRioiiera of health, the
commissioners of health, the city inspector,(or the city inspect
or’s department of either of said cities ; or conffired upon or
now belonging toMy tu® or more of the said bodies or officers,
or last named boards or deparmnentH or to any board of health
or health officer or agent in said distril or exR’cRed by any of
ficer or person appointed by or deriving aumority from any one
or more of the bodies, officers, departments or last named boards
(so far as said powersRnd Authority can be exerfflLfland such
duty performed bjMie board hereby^S'eated, without interfer
ence with the proper discharge of the duties, other than san
itary duties, heretofore imposed upon the board of metropolitan
* Amended, Laws of 1866, Chapter 68G, Sec. 3.
2 -
�10
police), are hereby exclusively conferred upon, and shall hereaf
ter bo exclusively exercised by the aforesaid “ The Metropolitan
Board of Health
the members and officers thereof, as herein
How to be exer provided ; and the same are to be exercised as herein set forth,
cised .
(and to such an extent and in such place and manner as said
Board may provide,) for the greater protection and security of
health and life in said district, and the appropriate parts thereof;
and after this act goes into effect no salary or compensation shall
Cities to pay no be paid to any officer, board or agent, or in respect to any ser
salaries.
vice, expenditure or employment under the authority of any
health law, ordinance, regulation, or appointment of or in said
cities; or any part of said district, unless such salary, expendi
ture or employment shall be authorized by the Board hereby cre
ated and contemplated by the provisions of this act.
*
And the
aforesaid power, duty and authority hereby transferred to and
Power conferred
by certain Ordi conferred upon said Board shall be held to include all the power,
nances of New
York, transfer duty and authority given, or conferred or purporting to be given
red to Board.
or to be conferred to or upon any person, officer or board, in or
by any ordinance contained or purporting to be contained in the
first ten chapters of ordinances, being numbered from one to ten
inclusive in a compilation of “Laws and Ordinances relative to
the Preservation of the Public Health in the city of New York,”
and purporting to be published under the authority and by the
direction of the Mayor and Commissioners of Health of said
city, in the year one thousand eight hundrefl and sixty, and by
any existing amendments and additions thereto. But no fees of
No fees.
any kind shall be charged for the performance of any duties im
posed by said ordinances. And said board shall also possess
(and may exercise by its own agents, or by order to be executed
by said board of police,) throughout said district, all the power
and authority for the protection of life or health, or the care or
preservation of health, or persons diseased or threatened there
with, conferred by any law or ordinance relating to any part of
Powers given
said district, and especially by the act of the seventeenth of April,
by Brooklyn
charter transfer
eighteen hundred and fifty-four (being the three hundred and
red to Board.
eighty-fourth chapter of the laws of eighteen hundred and fiftyfour,) upon the Mayor, Common Council-Board of Health, or
the Health Officers, (or upon any two or more of them, or other
officers) in said act mentioned. But the powers and authority in
W.iatboardsnot
this section given shall not be held to interfere with the powers
to tie affected.
and duties of the Croton Aqueduct. Board, Street Commissioner,
* Amended, Laws of 1S66, Chapter 6S6, Section 3.
�11
Superintendent of Unsafe Buildings, Comptroller of New York
city, or the board authorized to contract for street cleaning (un
der the law of eighteen hundred and sixty-five;) nor shall anytliing in the aforesaid laws or ordinances contained be construed
as a limitation of any power in this bill elsewhere given to the
said board, or to limit the penalties and expenses it may enforce
or collect; and all the power recited or given by said ordinances
shall belong whollH^^Ml board, who may exercise the same
without the advice, assent or co-operation of any municipal board
or officer, and in any manner not inconsistent with the other sec- thor/tyPnotato
tions of this law, without being limited to the means or by the lnterfereprocedure in .....
said ordiAnd no muni W al body or
x „
1
1
H
A or appoint ofhothcr authority inIMgL diMMW 1 EHeafHMm»e or employ pense.
c«-rs orincurexL j
any officer or agent, or incur any expense, under any of said (or
other) health la wo or orMnanct® or in any respect of any matter
concerning wl«i said board is by this act given control or juris
diction. All the aforesaid powers are to be possessed and exer
cised as fully as if herein repeated and separately confc^Sl upon
said board.
8 13. Said BoaMfiialMpMcEBMtheBmthorilEind be chBrffcd th-,, deaths
MBH
E
°
anct niarriages.
with all the duties conferred or imposed on the City Inspec
tor of the City of New York, by the act passed on the sec
ond day of ApHBme thousand eight hundred and fifty-three, or
by any and all acts relative to births, deaths or marriages ; and
the duty of all persons and officers in any such (or any aforesaid)
acts mentioned shall hereafter be the same, in respect to said
Board, as if said law or laws had contained
name H^aid
Board instead of that of the City Inspector of the City cBMjew
York (or other officer,) and said acts are hereby extended
throughout said district; but the powers now possessed by the
*
City Inspector with reference to the inspection of weights and
measures, are herebwcoimjrcd^En the Manor of the City of Weisrhts and
New York. And it shall be the dutH of said Inspector, and Mcasures‘
of whoever may have possession or control thereof, to transfer City Inspector
and deliver to said Board all public books, records, statistics and
papers in his or their possession, or under his or their official or
personal controlMid to give such information to said Board as
he or his department may possess relative to any matter in this
section, or in either of said last mentioned laws referred to, and
his authority and duty unH® Baid laws shall cease when this
act goes into effect, and the JusticeBof the Supreme Court shall
* Amended, Laws of 1867, Chapter 956, Section 11.
�12
No fees to be
demanded.
Duty to report
births and
deaths.
Penalty for
omission.
"What Board
may order done.
Declare nui
sance.
have jurisdiction to enforce this provision by mandamus. And
said Board shall perform all the duties by this section imposed,
as a part of its regular duties, and no fees shall be demanded or
received by reason thereof or anything in said act or acts con
tained. It shall be the duty of the next of kin of any person de
ceased, and of each person being with such deceased person at
his or her death, and of the perso^ occupying or living in any
house or premises in or on which any person may die, and of the
parents ofan^chil^ born in Igaid district, (and if there be no
parent alive thatjfcas made such report, then of the next of kin
of such child born,) and oH every person present at such birth,
within five days after such birth or death, to report to said
Board in writing, so far as known, the date, ward and street
number of said birth, and the sc^ftid color of such child born,
and th#’ names of the parents, and the age, color, nativity, last
occupational d cause of death of such deceased person, and the
ward and stye^^g^ place of such person’s death and last resi
dence. AiSw every Emission of any person to make and keep
the registry required by the acts referred to in this section, and
for every omission to report a written copj^of the same to said
Board within ten days after any birth or marriage provided to be
registered, andl&r every omission by any person to make the re
port of anJKleJmBWfflrth, with the particulars as herein requir
ed, any person guilty of said omission shall be liable to pay a fine
often dollars, whiclA»^ be^uedjifflr ar$8wj#covered in the name
of said Board, for the benefit of said Board. But no person
shall be liable for such fine for not making the report herein re
quired, if he or she shall prove that suchBeport had been made
to the Boar®H some other person before suit brought for such
penalty, or that he or she was ignorant of such birth or death.
*
§ 14. First—Whenever any building, Brection, excavation,
premises, business pwsuit, matter orRUwig, or the sewerage,
drainage or ventilation thereof, in said di'sttl’ict, shall, in the opin
ion of said Board (whether as jayvhole or in liny particular,) be
in a condition or in effect dangerous to life or health, said Board
may take and file among its records what it shall regard as suffi
cient proof to authorizJfe^tefelaration that the same, to the ex
tent it may specify, is! a pffiR nuisance, or dangerous to life or
health ; and said Board may thereupon enter in its records the
same as a nuisance, and order the same to be removed, abated,
suspended, altered or otherwise improved or purified, as said or* See Laws of 1S67, Chapter 956, Section 11,
�13
<3er shall specify; and shall cause said order, before its execu Service of
tion, to be served on the owner, occupant or tenant thereof, or orders.
some of them, which to said Board, may appear most directly in
terested in its execution, provided said parties, or any of them,
are in said district and can be found, and such service can be
conveniently made, and if any party so served, (or intended to
*
be according to this law,) shall, before its execution is commenc
ed, or within three days after such service or attempted service,
apply to said Board, or the President thereof, to have said order
or its execution stayed or modified, it shall then be the dutv of
said Board f to temporarily suspend orKnodify said order or the
execution thereof, (save in cases of imminent dtHer from im
pending pestilence, when said Board may exercise extraordinary
Impending pes
powers, as herein elsewhere specified,) and to give such party or tilence.
parties together, as the case in the opinion of the Board may re
Hearing.
quire, a reasonable and fair opportunity to be heard before said
Board, and to present facts and proofs, (according to the pules
or directions olsaid Board,) against said declaration and the ex
ecution of said order, or in favor of its modification, according to
the regulations of the Board,J andlhe Board shall enter in its
minutes such facts and proofs as it may receive, and its proceed
ings on such hearing, and any other proof it may take; and
thereafter may rescind, modify or reaffirm its said declaration
and order, and require execution of said original, or of awiew or
modified order to be made, in such form and effect as it may
finally determine.||
Second.—Said Board may order or cause any excavation, erec
What Board
tion, vehicle, vessel, water-craft, room, building, place, sewer, may order done.
pipe, passage, premises, ground, matter or thing (in said district
or adjacent waters) regarded by said Board as in a condition
dangerous or detrimental to life or health, to be purified, clean
ed, disinfected, altered or improved;, and may also order any
substance, matter orE.hing, being or left in any street, alley,
water, excavation, building, erection, place or grounds (whether
such place where the same may be, be public or private,) and
which said Board may regard as dangerous or detrimental to life
or health, to be speedily removed to some proper place ; and may
designate or provide a place to which the same shall be removed,
when no such adequate or proper place, in the judgment of said
Board, is already provided. The said Board may require the
* See Laws of 1867, Chapter 956, Section 5, and Laws of 1867, Chapter 908, Section 9.
+ Amended. Laws of 1S66, Chapter 686. Section 6.
JSee Laws of 1867, Chapter 956, Section 12.
I Amended, Laws of 1866, Chapter 6S6, Section 6. Laws of 1S67, Chapter 956, Section 10.
�14.
said Board of Police to execute any of the orders referred to in'
this act. It shall be the duty of the Board of Police to execute
the orders of the said Board of Health, and the said Board of
Police may employ the necessary persons and means about such
Health Board
execution. "Or the said Board of Health, if it shall consider the
may execute its
own orders.
public health or interests so to require, may execute such orders
through its own officers or persons, and means to be engaged by
the said Board of Health ; and about the execution of the said
orders, both the said Aard of Police and the said Board of
Health shall lAe, each as well as the authority conferred by this
§53 and 54 of Act
act as all the poweiHand^®oritBconferred by the fifty-third and
of 25th April,
|fc64.
fifty-fourth sections fflthe^ffltropolitan Police act, passed on the
twenty-fifth daS of April, eighteen hundred and sixty-four, and
of any ameiBntsnfl|to said act or to be made enlarging
sucfoauthoritB and all powers and authori^BpoBesscd and exer
cised by said Boardof Police under saitfflact pertaining to sani
tary matters, or in conflict witliB.be obj As and'purposes of this
act, |hall hereafter be enjoyed, possessed and exercised by said
Health powers
Board of Health, and the orders of theffiid in this section sec
of police, trans
ferred to Board ondly mentioned shall, BheHopcr peiAn or persons are known
of Health.
to the Board, and can be ccffljenien tly found in said district, on
whom to make the service, be seriBd upon one or more of the
owners, occupants, lessees or tenaiBs of the subjecB matter to
which said order relates, or upon one or more of the persons
Service of
orders.
whose duty it was to have done what isBtherein lAuired to be
done, as the cast^ffly rettleiBust and proper in the opinion of
said Board; an^^^Bd orc® is not complM with, or as far
*
complied with as the Board may regard as rfflonable, within five
days after such service or MeinBtod serHc, or Bithin any short
er time which, in case of pestilence, the Aard may have desig
nated, or is not thereafter speedily and fullB exBcuted, then any
such ordcr^B be executed as herein elsewhere provided in re
gard to any of the orcflrs of said Board. And if personal ser
Service of order.
vice of any aforesaiB order cannot be made under this section by
reason of absence from said district, or inabilitIto find such per
*
sons therein, to be shown by the official certificates of the officer
having such ordeAo serffl then servicefflay be made through
the mail, or by a copy left at the re^rence or place of business
of the poison sought to be AAd, witll a peBon of suitable age
and descretion, and the expensfflattending the execution of any
and all such orders respectively shall be a several and joint
Police to execute orders.
* Amended. Laws of 1867, Chaj'ter 956, Section 5; Chapter 90S, Section 9.
�15
personal charge against each of the owners or part owners, and Expenses a
charge.
each of the lessees and occupants of the building, business, place,
property, matter or thing to which said order relates, and in icspect of which said expenses were incurred; and also against ev
*
ery person or body who was by law or coiBractboufel to do that
in regard to such business, place, street, propertM matter or Expenses a lien
on rent and
thing which said order requiH, and said expenses shall also be a compensation.
lien on all rentrand compensation due, or to groiBduB, foBtheuse
any place, roomBbuilding, premises,^Mtter or thing to which
said order relm.es. and in respect ofB'hich
wre in
curred; and also from the time of filing, as afore«d, f alien cn
all compensation due or to groMdue for the cleaning of any
street, place, ground or thing, or for theMeansing (or removal)
of any matterBthing or placeBU® failure to do which by the par
ty bound so t® do, or the dofflig of theBa^MnBdiole or in part
by order of said Board, was the cause or occasion of any such or
der or expense.■ Said Board of Health, its assignee, or the party
who has under its ordcB or that of the Board of Police, acting
Action by as
thereunder, incurred said expense, or has Hidered service for signee.
which paymeiB is due, and as the rules of said Board of
Health may provide,, may institute Bmd^^^^BnBaBuit against
any one herd™ declared liable fcBexpeiBes as aforesaid, or a®inst
any person, firm or corporation BwingBoB who im^Bo^^Kuch
rent or comftnsation, and may rBiover the expenses so incBrred
under any order aforesaid.I| And only one or more of such par
ties liable or intercsHl may be made parties to such action as the Parties to suit.
Board may elect; but the parBes made responsible as aforesaid
for such expenses shall be liable to^Bntribu® or to make pay
ment as betwaJiBthenBclves, in respect of such ^Mnses and of
any sum reco^Md for such expenses or compennBor by any
party paid on account thereof,Biccordigr to the legal or equitable
Every body’s
obligation existing^fflveen them. And it is her^B' declared to duty to eh an,
drain, Ac
be the duty of ever^Mvner andMirt ownH an® person interest
ed, and of every lessee, tenant and ocMpant of, or in any place,
water, grountB lBo^^^^MaBartment, IMWiigsa erection, vessel,
vehicle, matter and thing in said district, and of every person
conducting orBiterested in busineiB therein or thereat, and of
every person who has undertaken to clean any place, g«md or
street thereint’and of evcr^HrBm, public officer and Board hav
ing charge of any gBmnd, place, IjuildH; oBcrectiMtherein, to
* See Laws of 1867, Chapter 956, Section 13.
+ Amended, Laws of 1866, Chapter 6S6. Section 5.
J See Laws of 1S67, Chapter 956, Section IS.
[ Seo Laws of 1S67, Chapter 956, Section 13.
�16
keep, place and preserve the same, and every part, and the sew
erage, drainage and ventilation thereof, in such condition, and to
conduct the same in such manner that it shall not be dangerous
Authority of
or prejudicial to life or health. And in any suit in this action, or
bepre' elsewhere in this act, authorized to be brought, the right of said
Board or the Board of Police to make any order or cause the ex
ecution thereof, shall be presumed. Any member of the police
force. and every inspectMoM officer of said Board of Health, as
spectoiV&c11' ^1G regulations of either ofBaid boards may respectively provide
relative to its own subordinates, may arrest any person who shall
in view of such member or officer, violate, or do or be engaged
in doing, or comiiMiMO said district any act or thing forbid
den by this act, or by any law or Ordinance, the authority con
ferred by which is given
saffl Board of Health, or who shall
in such pr(gen(Sr«g|, or be engaged in resisting the enforce
ment of any of said orders of said Board, or of the Board of Po
lice pursuant thereto. And any person so arrested shall be there
after treated and disposed of as any other person duly arrested
for a misde 1 nMMMWdBoard of Health, having first enArrests orJ.ered
. .
•
by Board.
tered on its minutes, or filed in its records, what it may regard
as adequate proof of a violation or resistance by any person in
said district, of any such law, ordinance or order, may order (by
its warrant, under its seal and r®sted by the signature of its
president and secretary, and iMKating, as far as conveniently
practicable, the time, place and nature of the offence committed)
the arrest of any such person, and such order of arrest shall be
of the same effiMBaMiKBi 1 be executed as a warrant from a jus
tice or judge, duly issued ; and the party arrested shall be taken
before a magistrate, and thereupon and thereafter shall by all of
ficers, be treated as bffing and have the rights and liability of a
party under arrest by ordeflof the proper officer or tribunal, for
a misdemeanor of the nature indicated in the said order of arrest.
Proof, by whom p(-Oofs, affidaiMMmMMa mi nations as to any matter under this
taken.
■
act may bp|Moi by or before one or more members of the
officers may ad-Board, or othi^RHson. as the Board shall authorize; and the
secretary, the saWary. and assistant superintendents, and any
member of said Board shall, severally, have authority to admin
ister oaths in such matters, and any person guilty of wilfully tes
tifying falsely shall incur all the pains and penalties of perjury.
Any judge of the Supreme Court of any judicial district, wholly
der examin-cr' or partly within said sanitary district, or who is holding court or
ation'
chambers therein, upon the written application of said Board or
its president, to be made by or through its attorney or counsel,
-i
�17
may issue bis order by him subscribed, for the examination with
out unreasonable delayby or before such justice, of any person
or persons, and the production of books and papers, or the inspec
tion and taking of copifilof tha>hol<|A part^Miereof, at a time
and place within <said district, and in said order to be named ;
and it shall be the dutHif^Hh justiceto take or superintend such
examination, which shall be under oath, and shall be signed by
the party or partieSeHnined and be certified by said judge, and
with any copies of books or papers be delivered toBaid Board or
its secretary, for the use of said Board. And such examination,
and any proceeding^Hnecwd tlBiwvM or under said order,
may wholly or in part be had, con^^Bd or conMucd bj^r be How conducted.
fore any other of said judges, as will as .that one Biereofwho
made said order; and in and about the same, every such judge
shall have as full power and authority to pu®® for ccMempt,
and enforce obedience to hi^miB or other order or directions res
pecting the matter aforesaid (o^^^HfHny other judge,) as any And enforced.
such judge or the Supreme Court may now have or shall possess
to enforce obedie^Har puconin any case or matter
whatever. Such application shall name or describe the person or
persons whoseBx^Biation is sought (and so far as possible the What applica
tion to contain
books or papers desired to be inspected.) and the mattew or
points affecting life or health in said district as to HfflHifeaid
board requests the same to take place, and the judge shall, on the
proceedings, decide what questions are pertinent and allowable
in respect tlBrcto, and shall require the same to be
swered ; but no answer ofBiny person so examined shall »tised
How
in any criminal proceeding. Service of .any order of any such orderjudge's
served
judge may be made, and the same proved
manner as
the service of either an inj unHon or of a subpoena may now be
made or proved. And it shall b®g duty olHjHid jWRs to
facilitate the early determination of the aforesaid pg>ceedinjg|
§ 15. It shall be the duty of said Board to give alMfiHRation Board to give
and receive
that may be reasonablyBequ^»d concerning any threatened dan formation . in
ger to the public health, to the Health Officer of the port of New
York, and to the Commissioners of Quarantine of said poi^frwho
shall give the like information to said Board; and said Board
and said OfficerlandBaid QuHntine CommissioneiHhall^o far
as legal and practilLblS co-operaB together to prevent the
spread of disease, and for th^^sr "ection of lifiHamBfor the pro
motion of health, within the sphere of their respective duties;
3
�18
and the authority and power of said Health Officer and Quaran
tine Commissioners is not by this act affected, save as last afore
said, anything herein elsewhere to the contrary notwithstanding..
Board to ascer
§ 1G. And said Board shall use all reasonable means for ascer
tain and prevent
disease.
taining the existence and cause of disease or peril to life or
health, and for averting the same throughout said district; and
To inform and
be informed by shall promptly cause all proper information, in possession of said
such boards.
Board to be sent to the local health authorities of any city, vil
lage or town in this State which may request the same, and shall
add thereto such useful suggestions as the experience of said
Board may supply. And it is hereby made the duty of said
health authorities to supply the like information and suggestions
to said Metropolitan Board of Health. And said Board may
Vaccination and
take measures, and supply agents, and afford inducements and
medical relief.
facilities for general and gratuitous vaccination and disinfection,
and may afford medical relief to and among the poor of said dis
trict, as in its opinion the protection of the public health may re
quire, and may remove or cause to be removed to a proper place
within said district, to be by them designated, any peison sick
with small pox or other contagious disease. And in the presence
*
When pesti
of greatBind imminent peril to the public health in said district,
lence impend
ing to take ex by reason of wq^nding pestilence, it shall be the duty of said
traordinary
measures.
Board to take such measures and to do and order, and cause to
be done, such ac^Band make HiclBexpenditures (beyond those
duly estimated for or provided) for the preservation of the public
health (though not herein elsewhere or otherwise authorized) as
it may in good faith declare the public safety and health to de
mand, aHthe Governor of the State shall also in writing approve.
Six members to But the exercise of this extraordinary power shall also, so far as
concur.
it involves such excessive expenditures, require the written as
sent of at least six members of the Board. And such peril shall
not be deemed to exist except when, and for such period of time,
as the Governor of the State, together with said Board, shall de
clare by proclamation the same to exist or continue.
§ 17. It shall be the duty of said Metropolitan Police Board
Police to report
danger to
(and of its officers and men, as the last named Board shall direct)
health.
to promptly advise said Metropolitan Board of Health of all
threatened danger to human life or health, and of all matters
thought t<> demand its attention, and to regularly report to said
And violations
of ordinances. Board of Health all violations of its rules and of said ordinances
and of the health laws, and all useful sanitary information.! And
Powers of
Health Officer
and Quarantine
commissioners
reserved.
*Am ended, Laws of 1867, Chapter 956, Section 3.
+ Amended, Laws of 1S67, Chapter 956, Section 2.
�19
said last named Boards shall, so far as practicable and appropri
ate, co-operate for the promotion of the public health and the safe
tv of human life in said district. And it shall be the duty of said roiice to exeMetropolitan Police Board, by and through its proper officers,
r'
agents and men, tomdhfnlly and at the proper tj^®e®d-ce and
execute the sanitary rules and regulafflons, and the orders of said
Board of Health (made pursuant to the power of said Board of
Health,) upon the same being received inH’itingffid duW au
thenticated, as said Board of Health may direct. And said Po- Police tocmlice Board is authorized to employ and use the Appropriate per- £'cOy persons>
sons and means, and to make the necessary and appropriate expen
ditures foiyihc execution and enforcement of said rules, orders
and regulations, and such expenditures so far as the samamay
not be refunded or compensated by the means heremelsewhere
provided, shall be paid as the other expenseaof said Board of
Health are paid. And in and about the execution of any order
of the Board of Heaffih or of the Board of Police made pursuant Authority as
under special
thereto, police officers and policemen shall have as ample power warrant,
and authority as when obeying any order of or law applicable to
the PoliceJBoard, 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.
8 18. It shall be the duty of said Board, so far as it ma be
able without serious expense, to gather and preserve such infor- deaths, &c.
mation and facts relating to deaths, disease and health, from oth
er 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-officers and boards of health
in the State to communicate to said Metropolitan Board ofHealth portstobecom.
„ , .
,
i ,
,
.,
. P
municatedto
copies of their reports, and also such sanitary information as may Board,
be useful in said district. And said Board shall keep records of
its acts and proceedings as a Board, and of the execution of its Eecords keptorders, 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 MUa rep°r
to the Governor of this State, upon the sanitary condition and
prospects of said district ; and such reports shall set forth gene
rally the statistics of births, deaths and marriages, the action of
said Board and of its officers and agents, and the names thereof what to con
fer the past year, and may contain other useful information, and tain‘
�20
May print re
port .
By-Laws, <fce.
Publish ByLaws .
Code of health.
Penalty.
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. Such annual re
port may contain the sanitary rules and by-laws adopted by the
Board hereby created. And the annual report of said Board
shall also contain ^detdMjstd^ment, 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 expendi
ture during the year last past, and of the funds on hand. Said
Board may annually have, not exceeding one thousand copies of
said repin an economical form, at the expense of said
Board, and may distribute the same as shall be best adapted to
promote the purposes
H cop® of said report shall
be sent to each duly organized Board of H(SJh in the State of
New Torequested such copy, and shall have
f urnished^yt^^^^^wi^ copy of its own annffiK report.
§ 20. Said Board may enact such by-laws, rules and regula
*
tions as it may deem advisable, in harmony with the provisions
and purposes of this act, and not inconsistent with the constitu
tion or laws of this State, for the regulation of the action of said
Board, its officers and agents, in the discharge of its and their
duties^fiffiM the protection of life and public health; and from
time to time may alter, annul or amend the same. And said
Board shj^g^^ manner,
and ordinances take
effect,
more fully carrying into effect the intents and pur
poses of this act, annually, on or before the tenth day of May in
any year, make
week for three suc
cessive weeks next thereafter, in two daily newspapers published
in the city of New York, and in one daily newspaper published
in th^T city of Brooklyn, a “ code of health ordinances” for the
protection of the public health in said district, to take effect on
and after tBq
tSiiSm- fi™>wing, and to
remain in fullj^frtue,
and effect within said district for the
term of one year, unless annulled ;f and all courts and tribunals,
or any judfml^nitW^^BeQfKKl take cognizance of and give
effect to said ordinances and the several parts thereof, and may
enforce such
not exceeding fifty dollars
for each offeiiollteo vy
oi3 district court,
with costs; but nMhiB^in this section jOnained shall be con
strued as in any manner limiting an^powers herein elsewhere
contained. J
* Amended, Laws of 1866, Chapter 6S6, Section 1.
+ Amended, Laws of 1866, Chapter 6S7, Section 1; Laws of 1867, Chapter 956, Section 10.
J Amended, Laws of 1866, Chapter 6S6, Section 1; Laws of 1867, Chapter 956, Section 10,
�21
§ 21. Said Board shall cause to he kept a general complaint
book, or several such books, in which may be entered by any
person, in good faith, any complaints of a sanitary nature which
such person thinks may be useful, with the name and residence
of the complainant, and may give the name of tlie person or per
sons 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 reason
able public examination as the Board may authorize ; and the
Board shall
complaints to be in
vestigated, and the appropriate remedy to be applied.
§ 22. Said Board may, from time to time, engage a suitable
person or persons to
ito
make or supervise practical and scientific sanitary investigations
and e x a min
n^B^yrinl^S^lW»^^aill. and
to prepare pl a
v
made the duty of all boards, officers and agents having the con
trol, charge or custody of any public structure, work, ground or
erection, or of ^^^Wanis
thereof, or relating thereto, made, kept or controlled under any
public authority, to permit and facilitate the examination and in
spection, and the making of copies of the same by any officer or
person therCa^^MlMMraM-d1 authorized; and the members of
said Board,
;r
any of the aforesaid sanitary inspectors, and such other officer or
person as may at any time be by said Board authorized, may,
without fet or hindrance, enter, examine and survey all grounds,
erections, vehicles, structures, apartments, buil dings and place s
in said
1
1
waters, and all cellars, sewers, passages and excavations of every
sort, and iMj^^
ES niake
plans, drawings and descriptions thereof, according to the order
o r regulat
nay make and pub
lish a report
i
.Em 1g result of the in
spection of any place, matter or thing in said district so inspect
ed, or otherwiaEEIaiMSial^EMl^^Mnjjit£ElaM^M^^Rh< >oard,
such publication may be useful, And said Board may provide a
badge of metal, with a suitable 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 shall direct. It shall be a misdemeanor, punishable by
Complaint
book.
Complaint to bo
investigated.
Engineering
service.
Inspection of
charts. Ac., to be
permitted.
Right to enter
and inspect.
Make sanitary
condition
public.
Badge.
�22
False represen
tation or perso
nation .
Regular and
special meet
ings.
Meetings and
orders presum
ed authorized.
Board to enforce
Health Laws.
What included.
Boards may re
quire repoi ts
from institu
tions, asylums,
&c. ‘
imprisonment in the county jail, or, in the city and county of
New York, in the penitentiary, for not less than one year nor
exceeding two years, or by a fine of not less than two hundred
and fifty dollars, for any person, not an officer under this act, to
falsely represent himself as such, with a fraudulent design upon
persons or property, or to have, use, wear or display, without
authority, any shield, or other insignia or emblem such as is worn
by such officers But no more than five thousand dollars in any
one year shall be expended for sanitary engineering service.
§ 23. Said Board shall hold regular and special meetings as
frequentlyfes tne proper and efficient discharge of its duties shall
require | the same to be held (unless it shall 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 meet
ings shall in every suit and proceeding be taken to have been
duly called and regularly held, and all orders and proceedings
to have been duly authorized, unless the contrary be proved.
§ 24. It shall be the duty of said Board of Health to aid in the
enforcement of, and so far as practicable to enforce all law’s of
this State, applicable in said district, to the preservation of hu
man life, or to the care, promotion, or protection of health; and
said Board may exercise the authority given by said laws to en
able 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, unwholesome, deleterious or adulterated
drugs, medicine or food. And said Board is authorized to re
quire reports and information (at such times and of such facts,
and generally of such nature and extent, relating to the safety of
life and promotion of health as its by-laws or rules may pro
vide), from all public dispensaries, hospitals, asylums, infirma
ries, prisons and schools, and from the managers, principals and
officers thereof; and from all other public institutions, their offi
cers and managers, and from the proprietors, managers, lessees,
and occupants of all theatres and other places of public resort or
amusements in said district; but such reports and information
shall only be required concerning matters or particulars in re
spect of w’hich 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
�■
23
such reports, verbally, or in writing, as may be required by said
boards. And it is hereby further made the duty of all persons, Board to be
officers and boards to make to said Board of Health the reports
and returns, and to give the informatioiSancl afford to said Board
the aid and facilitiesRhich by law or ordinance tngU any of
them were required to make, afford or give to any person, offi
cer or board, when any powers herebHonft^red on said Board
of Health were exercised by any other officer or board.
8 25. Such Board shall not be requireMto nflHanS return or Beturns not rec
quired of Board.
report, or give any information or advice, or do any act which,
under the former admHstration of the health ^Hs in Rid dis
trict, was made neces^® or Bppropwt^M^Ron of g^mrious
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 reguHions Re gulations as
as to the publicity of its records and proceedings ; and may pub- toreCurdslish such information as may, in its opinion, be useful, concern- May publish
ing births, deaths, Hrriages, sicknH and the general sanitary inlormatloncondition of said district, on any matter, place or thing therein.
§ 26. The department knoH as the ‘gK|lREctc« Depart- City inspector’s
ment,” and every bureau thereof, and so much of the^^^Ry-sgg ffitheoffi-nd
enth section of the four hundred and forty-sixth chapter of the ces abollshedlaws of eighteen hundred and fifty-seven, as relate thereto, and
each and every office in the said d^Hict i^Bg|o public health,
or the duties of which are confemed on said Board, except the
Health Officer of the port of New York and the Board of Quar
antine Commissioners Hid its officers, are hereby abolished.
And no salary or coMen«iongHllB)e due oMpaid by any offi- galarles of
cer or board whatever, to any officer or agent or board in said ^J.^®^8
district for seSfes to be rendered after this act goes into effect,
under any law or ordinance cowerning life or public health, ex
cept under this act and as Mhorized by the board hereby creat
ed. And all other bo ards and officers now existing in said dis- ■
' trict under or by virtue of any law or ordinance relating to
public health, are hereby also abolishes; and no compens»ion
shall be paid to or in respect of the same for any service rendered
after this law shall go into effect, save as gN Board of Health
shall authorize.
§ 27. All the sums of money provided or raised for meeting Funds of Board,
the expenses, compensations and payments provided by this act,
or that may be authorized
said Board (except penalties or
other sums received and amounts collected by suit as herein pro-
�24
vided,) 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 treas
urer of said Board, as |®id Board may direct, and shall be ap
plied and paid by thqjgpii^pr |Sf $aiic^ Board only as this act
payable?'hen and the reguUtfens of said Board may authorize. And unless
this Board shall otherwise specially provide, all salaries and com
pensation
.shaljp, so fir as practicable, be
paid quartering And any member or officer of ®aid Board may,
if a judge sMEo order, be summarily examined upon an order
may be’exam” (to
made on application and Avritten affidavit oa the oath of
ined.
three freeholders of said district) requiring such examination,
and signed by any justice of the supreme court of the first judi
cial district, and directing such examination to be publicly made,
at the chambers of said justice, aE day and hour to be named,
not less
personal service of said orHow examina,
.
...
x
tiun conducted, cler, and
be confined to an inquiry int0
any alleged wrongful diversion or misapplication of any of said
moneys
delinguepEEMKcl W said affida- vit, touchi^SWrEffio^fe
or neglect of duty of
which A hs
for
that such
memb" of said Board or said officer HMgmSjfcdg® or informa
tion.
I pertinent
questions
diiftf, and the ex
amination may be continued from time to time as such judge
may order^^wpictwSydE^^^H p
ch mEH shall not be
used against him on any criminal proceeding. The proceedings
may be pontB®d before any other judge in said^district, and
other witnesses, as well as the parties fSlSrBkmh application,
may, in the discretion of such judge, be compelled to attend and
be examined touching such alleged delinquency; and such judge
may punishany refusal to- Jw^^fgich exSjtfwation or to answer
any questiommfrsuafflA io his order as for and being a contempt
of court. And such examination, affidavit and orders shall be
filedin the toffiet |of the IBoh^^jCterMfa^ the county of New
York. And in regard to this last es^hinBioiJI and matters
therewith connected, any such jwage"shall have all the powers
and authority ponferiW, in M?bpecti| to th.® examination or pro
ceedings mentioned in the fogyc^entl^ section hereof, as if herein
repeated.
Board of Esti§ 28- The Mayor and Comptroller of the city of New York,
mateand the Mayor and Comptroller of the city of Brooklyn, togeth-
�26
er with the members of said Board, created by this act, shall, oh
■.•easonable notice from said Board, convene at the office of When to meet,
said Board of Health, as jauBoard of Estimate, a majority of
whom shall form a quoruinFraAjg|Ml annually, on or before the
first day of August, make up a financial estimate and statement,
including all sums and expenses in arrear, and also any sum bor
rowed, as herein elsewhere provided for, of the sums required
for the year, commencing on the first day of January ensuing,
annually (above any sums on h|BII| for the expenses and proper
support, and for the discharge of the duties of Bggig^^Bncltid
ing the proper expenses and disbursements of said Board, and of
the members or officers thereof in the discharge of their official
duties, and for such other general or incidental expenses as may
from time to time, in the judgment of such Board of Estimat e ,b e c ora ©■ we
e
Sums raised foflfeft ^SfS^^of
Limitation of
H
1
J ;
amount,
hundred thousafldolla^^^^^HnS|W|g»WM|| of such sums
as may have been expended in the presence of great and immi
nent peril to the public health in said district by reason of im
pending pestilence, and independently of the sums herein else
where provided, to be paid by or recovered back from any per
son or corporawon. Ai^lK® expenses for the remainder of the
*
current year after the passage of this act, to be reckoned at the
said rate of one hundred thousand dollars a year, independently
of said extraordinary expenses, and of said sums to be paid or
recovered back, shall be estimated and apportioned to the seve
ral cities, counties and towns in said district as hereinafter pro
vided, and collcSed in the next annual tax levies. Such estimate
shall be accompanied by a written apportionment, made by said
Board of Estimate, of the proportions of expenses applicable to
and to be paid by each county, city and towm in said
And in apportioning the salaries of the members of the Board, Mo(le of appor.
its officers, agents and employees, the following rules shall |]|e tionment.
observed:
1. The salaries and compensation of all members of the board
appointed to this board, cSBftli^MhM^5mMofficS, from any
county, and of all officers, agents and employees thereof, whose
principal sphere of duty shall be in any county, shall be appor
tioned against and p
2. The salary of the Health Offim^Hd ^[11 general, office,
* Amended Laws of 1S67, Chapter 95(, Section 15.
4
�26
Committee of
revision.
If committee of
revision object.
contingent and other expenses of the board, not included in the
first class aforesaid, shall be apportioned against and paid by the
respective counties and towns (or counties to which they belong)
in the ratio of the taxable property, real and personal, of each,
in said district, according to the assessment under which the last
preceding taxes therein were respectively levied.
3. But no apportioning^ against any county (or town therein),
other than the counti^^Bkew Yorkfend Kings, shall be made
under the two foregoing clauses, unless as follows, that is to say :
Each other ccgnty (and each of said towns) shall have appor
tioned agairBro ancBshall pay all disbursements and expenses
arising, caused or ordered therein, to or by said Board, or for
salaries, and services,Bo" portions thereof, earned or rendered
therein, as the regulations of said Board may provide ; but such
salaries and servicMwillpiot include any portion of the salaries
of the members M^O^oard or of its .general officers.
4. It is further prOKecK in respect of each of said counties,
that all the expenses caused by any act or any order of said
board, W the execution thereof in or for any particular county or
part thereof, shall ^^HiorBoned to and be paid by said county
or part thereof; and any sums collected in either shall be cred
ited to such county or
unless the same was on ac
count of expenses incurred in some other county, city or town,
and in that event it shall be credited thereto. The said estimate
and statement shall, at least ten days before the first day of
Septenib(M|^»sMefi|g su^Ktecl to the committee of revis
ion, compose<ffloSth^HEdM:s of the boards of supervisors of
the counties
Kings, Westchester and Richmond,
and of the presidents of the b|M of1 aidermen of the city of
Brooklyn, and of the supfipsors of the respective towns of
Newtown, FlBshiMaSl Jamaica, in the county of Queens, who
may meet, by a majority thereof, and consider and act upon the
said estimate and enumeration on or before the first Monday of
September in each year. If the said committee of revision, on
or before the second Monday of said September, shall object in
writing to such estimate or apportionment, or any portion there
of, and so in writing, by said date, mgjfify, or cause to be noti
fied, the said board of estimate, it shall be the duty of the latter
to immediately and carefully revise the same, and considei the
said objections. If such committee shall fail to meet, or if said
board of estimate shall adhere to their original action and esti-
�27
mate, or if they shall modify the same, but they shall not in If fail to meet
crease the same, then their final determination, apportionment or adhere to be
conclusive.
and action shall be binding and conclusive upon all concerned.
to be
And the board of supe»jsors of the counties of New York, Moneyin re
raised
spective coun
Kings, Richmond and Queens (the expenses in the last-named ties and towns.
county to be charged and collected in,Kd in ®espe®t of the
property of the towns of Newtown, Flushing and Jamaica), re
*
spectively, are empowered a»|direBedEm»:iMvMto order and
cause to be raised and collected, by tax upon the estates, real
and personal, subject to taxation according to law, within the
said respective counties and towns, their respective proportions
of the sums of money as aforesaid, annually estimated and as ap
portioned and finally determined upon, as said total expenses
and estimate aforeffiiid. The sums of money so respectively Disposition of
money.
raised, as provided for in this act, shall be, by the rar<B|r offi
cers, immediatelyrand^Hhoft deduction, paid into the Treasury
of the State,,:Bd shall corgg® the separate ft®l|Wi«n else
where mentioned and pr^HedHid be used only for the purpo
ses of said Board, and shall be paid from the State Treasury, un
der such appropria® regulations as shall bSagreed upon between
the Comptroller of the State, the State Tre^H-erKd the Treas
urer of said Board.
§ 29. The said Board magborro^^Rthe credit of this
and Board may
borrow.
of the fundsHo be raised Emeremid^Msuch amouiffl (the borrow
ing of the same respectively to be first BpMrowd^^^Sting by
the Governor of the State) as may, in the opinion of said Board,
be reasonably necessary mid proper to enable it to discharge its
duties and defray its e?®enses hereby authorized, up to the time
when the Requisite funds can be realized for said Board and pur
poses fromMhe^^Etion and soureffl herein provided for and
authorized ; ffldBuch moneys so borrowed, with legal interest,
shall be a charge upon and shall be repaid by th^Sid counties and
cities and towns in the proportion hereinbefore prowled,and the
amounts-thereof shall, in addition to the requisite annual ex
pense to secure a future annual fund, be included or allowed in
the next or fi^M annual estimate of the sums required and expen
ses as aforesaid, and shall, with interest, be included, and the
amount, with intere^Jcollected in and with the tax in this act
provided for, and the same shall go into the said fund, and shall
from thence, by the Treasuffl of the Board, be paid to or in fa Certificates for
money borrow
vor of the parties entitled. And said Board may issue its certifi ed.
cates to those of whom it borrows money, as herein authorized,
* Westchester added, Laws of 1867, Chapter 956, Section 4.
�28
under its seal, and signed by its President and Secretary, and
bearing interest at the rate of not more than seven per cent., and
payable at a time not more than eighteen months from the date
at which any sum may have been borrowed.
*
Penalty for vio
§ 3O.f Whoever^hall violate any provisions of this act, or any
lations, &c.
order of said Board, mad® finder the authority of the same, or
of any by-law or ordinance therein referred to, or shall obstruct
or interfere with any per-soa. in the execution of any order of said
Board, or any order of the Board of Police, in pursuance or ex
ecution of the order of the Board of Health, or wilfully omit to
obey any such order, shall be guilty of a misdemeanor and be
liable to be indicted Mid punished. for such offence : and in cases
Misdemeanor.
where it was made a misdemeanor to do or omit any act or
thing, when any powif- orlauthority hereby conferred upon this
Board were exercised by airy othm^bpard or officer or officers,
the omission. or doing of suclmor a corresponding act or thing,
which this act requires, or contemplate® to b© done or forbids,
shall in like manner be a misdemeanor, .and the offender shall be
liable to indictment ancl^ 'punishment for the ®ne. A wilful
Wilful violation omission or refusal of any individwd, wrporation or body to con
form t© any sanitary regulation ©f said Board duly made for the
protection of life, or the care, promotion of preservation of health,
pursuant to its power or authority, shall be a misdemeanor, and
the person « officers guilty thereof shall be liable to indictment
and punishment a® for a misdemeanor. And all prosecutions
Before whom
and proceeding® against any person forTr misdemeanor under
trials had.
this act may be had or tried before any judge or tribunal having
jurisdiction of any misdemeanor within said district, or within
the town, city oijjvillage within which any such misdemeanor
under this act was committed. Hind any person, corporation or
Pecuniary lia
bility of delin body which may have- wilfully done of omitted any act or thing
quent.
which is in this act, of any law or ordinance therein referred to,
declared to be, or to subject tihe party guilty thereof to punish
ment for a misdemeanor, shall, iafeddition thereto, be subject to
a penalty of two hundred!, and fifty dollars,, to be sued for and re
covered bysaAft Board in any civil hribunal in said district, ex
cept that in the n®,rine, or justice, or county courts, no greater
amount can be ref^Vered tha^jthe extent of the jurisdiction in
*
other civil suits. And any luch -Suits may be against one or
more, or each or all of those who participate hi the act, refusals
or omissions complained of, and the recovery may be against one
* Amended, Laws of 1867, Chapter 956, Section 10.
+ Amended, Laws of 1866, Chapter 686, Section 2.
�29
or more of those joined in the action, as the justice or court shall
■direct. And the provisions of this section as to jurisdiction of
tribunals and costs shall apply to all suits by said Board or its
assignees, or the assigiWg of thd®jMp»i'$ tinder this act.
*
§ 31. Copies of the records of th^m-oc^^m^krof »id Board, Records as eviof its rules, regulations, by-laws and books and papers constitut- dence’
ing part of its arct^H, when authenticated by its secretary or
secretary pro tew.,f shall be presumptive evidence, and the au
thentication be tak««IMWesi^m>tM|mMorrMMmM any court of
justice or judicial proceeding, when they may be relevant to the
point or matter in controversy, of the facts, statements and recitals therein contain^Mand the action, proceedings, authority Action of Board
and orders of said Board shall at all times be regarded as in their dicuun^ie^ai
nature judicial, and be treated asjust and legal.
§32. It shaltafefl®Muty of all prosecuting officers of criminal prosecutions to
courts and police justices to act promptly upon all compMt,s be prompt,
and in all suits or proceedings for any violation of this act, and
in all proceedings; approved or |romold by said BotMBMfrl to
bring the same to a speedy hearing or termination, and to ren
der judgment apjflldir
§ 33. This act, so far as its relates to the appointment of the when
Sanitary Commissioners provided for therein, shall take effect effectimmediately, an®
other respects, go fully into effect on
the first day of March, eighteen hundred and sixty-six.
* See Laws of 1866, Chap^fr 6S6, Action956.^^ffljnsfo W8 17
+ Chief Clerk added, Laws of 1867, Chapter 956, Section 1.
to take
I
�30
CHAPTER 686.
By-Laws and
rules.
Code of Health
Ordinances.
Ordinances of
1866.
Penalty for vio
lation.
AN ACT to amend an Act entitled “ An Act to create a Metro
politan Sanitary District and Board of Health therein, for the
Preservation of Life and Health, and to prevent the spread of
disease therefrom,” passed February 26, 1866. Passed April
19, 1866, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Section 1. Section twenty of an act entitled “An act to create
a Metropolitan Sanitary District and Board of Health therein,
for the preservation of Life and Health, and to prevent the
spread of Disease therefrom,” passed February twenty-six, eigh
teen hundred and sixty-six, is hereby amended so as to read as
follows:
§ 20. Said Board may ei^3 such by-laws, rules, and regula
tions as it may deem advisable, in harmony with the provisions
and purposes of this act, and not inconsistent with the constitu
tion or laws of this State, for the regulation of the action of said
Board, its officersfcand agents, in the discharge of its and their
duties, and from time to time, may alter, annul or amend the
same ; and said Board shall, in like manner, for more fully car
rying into effect the intents and purposes of this act, annually, on
or before the fifth day of May in any year, make and publish
twice a week, for three successive 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 in full virtue, force and ef
fect within said district,, until altered, amended, or annulled
and may at any time alter, amend or annul the same, or any
part thereof, upon publishing the same as altered and amended,
or such portion as is so altered and amended, and for a like time
as said original ordinances: but during the year eighteen hun
dred and sixty-six such code of health ordinances shall take ef
fect at any time after it shall have been published as aforesaid for
two weeks; and every person, body or corporation that shall vio
late or not conform to any ordinance, rule, sanitary regulation or
* Amended, Laws of 1867, Chapter 956, Section 10.
�31
special or general order of said Board, duly made, shall he liable
to pay a penalty not exceeding fifty dollars for each offence,
which may be sued for and recovered by and in the name of said
Board, with costs, before any justice or tribunal in said district
having jurisdiction of civil actions ; and all such justices and
*
tribunals shall take jurisdiction of such actions. And upon the plaint°n com‘
complaint of any citizen of said distt^;tE,g~ains^Sv person for a
violation of any rule, sanitary regulation, ordinanMcM order,
made to any police justice or magistrate having jurisdiction in
criminal cases, such justice or magistrate shall order the arrest of
any person against whom such complaint is made, as in any
other case of a criminal offence«nd, by his HirrantBmay re
quire any policeman or constable to make such arrestland may,
after such arrest, proceed summarily to try such person for such
alleged offence; but no such trial shall be had on any arrest Notice oftrial.
made in the City of New York without sufficient notice thereof
being first gives to said Board,pSits President. And upon an ap- g ®™i^1g>
plication in behalf of said Bo^d, made before the trial is com
menced, the trial of such person, togeth^^Hh the papers, shall
be remitted to the Court ofj^>ectel Sessions, upon which Court
jurisdiction to try feu cig person^ is hereby conferred; but the
right of any person
elect to be tried before a jury as it may
now exist, is not affected! by anything herein contained. If such
person shall, upon such trial, be found guilty, he or she may be Amount of fine,
fined in any amount not exceeding twenty-five dollars ;f and the
payment thereof may be enforced in the same manner as ^Bisual
in other cases where fines are imposed. Such fines, when col
lected, shall be at once paid over to the Treasurer of said Board,
to the credit of said Board. Reports of all such trials, and of
fines imposed for violations of this
or of the code of health J"®ttices to reordinances hereby authorized, shall be made moimhly to said
Board by the justice before whonmsuch trial is had. But noth
ing in this section coiwained shall be construed as in any manner
limiting any powers, penalty and punishment in this|H else
where conferred.
& 2. Section thirty of said act is hereby amended so as to read
as follows :
§ 30. Whoever shall Biolate any provisions of this act, or any Penalty for
order of said Board, made undei the authority of the same, or latl0Ils’ &eany by-law or ordinance therein referred to, or shall obstruct or
interfere with any person in the execution, of any order of said
* See Laws of 1867, Chapter 956, Section 2.
t See Laws of 1S67, Chapter 956, Section 2.
vio-
�82
Misdemean or.
Wilful violation
Places of trial.
Penalty of $250.
Parties to ac
tion .
Board may
bring suits.
Board, or any order of the Board of Police, in pursuance or exe3
*
cution of the order of the Board of Health, or wilfully omit to
obey any such order, shall be guilty of a misdemeanor and be
liable to be indicted and punished for such offence, and in cases
where it was made a misdemeanor to do or omit any act or thing,
when any power or authority hereby conferred upon this Board
were exercised bvLtoy other board or officer or officers, the omis
sion or doing of such, TOffl i corresponding act or thing, which
this act require®, Or contemplates to be done or forbids, shall in
like manner be a misdemeanor, h>nd the offender shall be liable to
indictment and punishment Jfor the same. A wilful omission or
refusal of any individual, corporation or body to conform to any
regulation of said Board duly made for the protection of life, or
the care, promotion, or preservation of health, or the carryingout the purposes of this act pursuant to its power or authority,
shall be a misdemeanor, to® the person or officers guilty thereof
shall be liable t<| indictment and punishment as for a misdemean
*
or. And all ptostoWtions and proceedings against any person
for a mfadefstfStoor under thi® act may be had or tried before any
judge or tribunal having jurisdiction of any misdemeanor within
said district,' or within thef town, city or village within which
any such misdemeanor under this act was committed. And any
person, corpCtfatiM ^Mbody which may have wilfully done or
omitted any tot or tMnj^tvhich is in this act, or any law or ordi
nance therein referred to, declared to be, or to subject the party
guilty thereofto punishment for a misdemeanor, shall, in addi
tion thereto, be [wbject to a penalty of two hundred and fifty
dollars, to fee sued for and recovered by said Board in any civil
tribunal in said district, except that in the marine, or justice, or
county »artdl^>iffireater amount can be recovered than the ex
tent of the ilMgmtiofoin other civil suits. And any such suits
may be against one or more, or each or all of those who partici
pate in the act, refusals or omissions complained of, and the re
covery may be against one or more of those joined in the action,
as the justice of the court shall direct. And the provisions of this
section as to the jurisdiction of tribunals, parties, and costs, shall
apply to all suits by said Board or its assignees or the assignees
of the Police Board under this act. And said Board of Health
may institute and maintain in its own name all such suits and
proceedings as shall be reasonable, necessary, and proper for re
covering any moneys expended, enforcing the payment of any
fine, the punishment for any offence, or in other respects carrying
* See Laws of 1867, Chapter 956, Section 17.
�33
out the objects of this act. All processes ancl papers usual or
*
•
i
.
By whom
necessary m the commencement and prosecution of actions, or process served,
for the collection of money, in suits or proceedings under this
act on execution, may be served by any policeman, and in and
K»out such matters, the policeman so engaged shall have all the
Rowers of marshals, and no fees shall be charged by any court,
magistrate, or clerk for the issue of any paper or process, or the
(performance of any duty in suits under this act. Any civil ac- uonmay bT ac'
'tion brought under or by authority of this act, shall be in the bronshtname or by the authority of said Board, and may be brought in
»ny court in said district having jurisdiction in any civil action, Costs
to an amount as large as is demanded in such action, and if judg
ment be rendered for the plaintiff in any amount, costs of the
court in which such action is brought shall also be recovered
without reference to the amount of the recovery, provided pay
inent was demanded before suit brought, and the defendant or
defendants in the action against whom the recovery is had, did
not, as the code of procedure authorizes, offer to pay an amount
equal to the recovery against him or them, except that in cases
where the recovery shall be less than fifty dollars, the amount of
posts shall be ten dollars, and in case no recovery is had, the
plaintiff shall not pay costs, unless the judge or justice at the
(conclusion of the trial shall certify in writing that there was not
reasonable cause for bringing the action, and in such case the
costs shall not exceed ten dollars, unless the amount claimed ex
ceeded fifty dollars. No action shall abate or right of action al- Aotlons not t0
ready accrued be abolished by reason of the expiration, repeal, abateor amendment of any ordinance, code of health ordinances, or
regulation of said Board; nor shall any court lose jurisdiction
iof any action by reason of a plea that title to real estate is in
volved, provided the defendant is sought by the pleadings, to be
charged in said action on any of the grounds mentioned in this
act, other than by virtue of ownership of such real estate. In
respect to all proofs and proceedings by said Board, or its agents Papersfiied
•
deemed entered
br officers, under this act, papers filed shall be deemed entered
upon or in the minutes of the Board.
§ 3. Section twelve of said act is hereby amended so as to read
as follows :
§12. The authority, duty and powers, whether given by any powers^f’iocai
law, or by any ordinance made thereunder heretofore (for the
and °f'
* See Laws of 1867, Chapter 956, Section 8.
5
♦
�34
Cities to pay
salaries.
Powers given
New York by
certain ordin::
ces. conferred,
upon board.
purpose of preserving or protecting life or health, or preventing
disease) conferred upon or now belonging to, or being exercised
by the board of health, or the board of public health of or ill
the city of New York, or of or in the city of Brooklyn, or else J
where in said district, the mayor and common council of either
of said cities, the mayor of the city of New York, by and with
the advice and consent of the board of aidermen, the president
of the board of aidermen, the president of the board of assist
ant aidermen (or councilmen), the resident physician, the
health commissioner, the mayor and the commissioners, the
commissioners of health, the city inspector, (or the city inspector’s department), of either of said cities ; or conferred upon
or now belonging to any two or more of the said bodies or offi
cers, or last named boards or departments, or to any board of
health or health officer or agent in said district, or exercised
by any officer or person appointed by or deriving authority
from any one or more of the bodies, officers, departments, last
named boards, (so far as said powers and authority can be exer
cised and such duty performed by the Board hereby created,
without interference with the proper discharge of the duties, otlj^
er than sanitary duties, heretofore imposed upon the board metro
politan police), are hereby exclusively conferred upon, and shall
hereafter be exclusively exercised by the aforesaid “ The Metro
politan Board of Health the members and officers thereof, as
herein provided ; and the same are to be exercised as herein set
forth (and to such an extent, and in such place and manner as
said Board may provide), for the greater protection and security
of health and life in said district, and the appropriate parts there
*
of; and after this act goes into effect, no salary or compensation
shall be paid to, or fees demanded by or expense ordered to be
incurred by any officer, board or agent, or in respect to any ser
vice, expenditure or employment under the authority of any
health law, ordinance, regulation or appointment of or in said
cities, or any part of said district, unless such salary, expendi
ture, employment, fees or expense shall be authorized by the
Board hereby created and contemplated by the provisions of this
act. And the aforesaid power, duty and authority hereby trans
ferred to and conferred upon said Board shall be held to include
all the power, duty and authority given, or conferred, or pur
porting to be given or to be conferred to or upon any person,
officer or board, in or by any ordinance contained or purporting
to be contained in the first ten chapters of ordinances, being
* See Laws of 1S6T, Chapter 956, Section 10.
�35
numbered from one to ten inclusive in a compilation of “ Laws
ancl Ordinances relative to the Preservation of the Public Health
in the City of New York,” and purporting to be published under
the authority and by the direction of the Mayor and CommisEBmers of Health of said city, in the year one thousand eight
hundred and sixty, and by any existing amendments and addigatms thereto. But no fees of any kind shall be charged for the Ko fees.
performance of any duties imposed by said ordinances. And said
Board shall also possess (and may exercise by its own agents, or
Jbf order to be executed by said Board of Police), throughout Local powers
extended over
said district, all the power and authority for the protection of district.
life or health, or the care or preservation of health, or persons
diseased or threatened therewith, conferred by any law or ordi
nance relating to any part of said district, and especially by the Health powers
act of the seventeenth of April, eighteen hundred and fifty-four, of Brooklyn
charter confer
(being the three hundred and eighty-fourth chapter of the Laws red on board.
eighteen hundred and fifty-four), upon the mayor, common
pouncil, board of health, or the health officers, (or upon any
two or more of them, or other officers), in said act mentioned.
But the powers and authority in this section given shall not be
Certain boards
held to interfere with the powers and duties of the Croton A.c- not interfered
with.
feueduct Board, Street Commissioner, Superintendent of Unsafe
Buildings, Comptroller of New York City, or the Board author
ized to contract for street cleaning (under the law of eighteen
hundred and sixty-five) ; nor shall anything in the aforesaid laws
or ordinances contained be construed as a limitation of any power in this bill elsewhere given to the said Board or to limit the
^penalties and expenses it may enforce or collect; and all the Municipal au
thorities
Jpower recited or given by said laws or ordinances shall belong interfere.not to
wholly to said Board, who may exercise the same without the
advice, assent, or co-operation of any municipal board or officer,
and in any manner not inconsistent with the other sections of
this law, without being limited to the means or by the procedure in said ordinances stated. And no municipal body or other
■authority in said district shall hereafter create or employ any of Nor incur ex
pense.
ficer or agent, or incur any expense, under any of said (or other)
health laws or ordinances, or in respect of any matter concerning
Vihich said Board is by this act given control or jurisdiction.
All the aforesaid powers are to be possessed and exercised as
tfully as if herein repeated and separately conferred upon said
Board. And the powers of said Board shall be construed to in- Additional pow
ers.
clude the ordering and enforcing, in the same manner as other
�36
orders are provided to be enforced, the repairs of building®
houses, and other structures; the regulation and control of all
Markets.
public markets (so far as relates to the cleanliness, ventilation and
drainage thereof, and to the prevention of the sale or offering
Instructions in for sale of improper articles therein;) the removal of any obstmcthe street.
tion? matter or thing in or upon the public streets, sidewalks or
*
places, which shall be in their opinion liable to lead to results
detrimental to the public, or dangerous to life or health : the reg
ulation and licensing of scavengers ; the prevention of accidents
Scavengers.
life Or health may be endangered; and, generally, the
^Accidents.
abating of all nuisances.
§ 4. Section five of said act is hereby amended so as to read as
follows:
§ 5. Immediately after the four appointed sanitary commis
sioners shall have taken the oath of office as above provided,
Organize.
they shall meet with the commissioners of the metropolitan po
lice, and the commissioners of metropolitan police with them,
and the health officer of the port of New York, and orga
nize as a board of health by electing one of said board to be
President, and one of said board to be Treasurer thereof, and by
President.
Treasurer.
appointing a proper person to be Secretary of said Board. And
Secretary.
the successive Presidents of said Board of Health shall be annu
ally elected by the said board from the members thereof, and
the successive Treasurers shall be members of said Board; but
the Secretary shall not be a member of the Board. The Treas
Term of office
of Treasurer and urer and Secretary shall respectively continue in office as such
Secretary.
until removed by the election of a successor or otherwise. The
Salaries.
said Sanitary Commissioners shall each receive a salary of two
thousand five hundred dollars a year ; and each Police
Commissioner who may be a member of. said Board of
Health, and the Health Officer, shall as such receive a salary
of five hundred dollars a year ;f and the member of said
Board of Health, who acts as Treasurer, shall receive an addi
Salary of Treas
tional compensation of five hundred dollars a year for his servi
urer.
ces as Treasurer. All salaries allowed under this law shall
be payable as the Board shall provide. But for every regular or
special meeting of said Board which any Sanitary Commissioner
or the Secretary shall fail to attend, there shall be deducted
failure to’attend, from the salary of the person so failing the sum of ten dollars ;
and for every failure of a Police Commissioner or of said Health
Repair of build-
* See Laws of 1867, Chapter 956, Section 6.
+ Amended, Laws of 1867, Chapter 956, Section 16.
�“Officer to- attend any such meeting, there shall be deducted from
ms said salary the sum oftwo dollars; but these provisions shall not Not to apply to
adjourned meet
apply to any adjourned meeting, and it shall be the duty of the ing.
Treasurer to see that all such deductions are made before pay- Corresponding
Secretary.
■nents of said salaries. The Board may appoint a Corresponding
Secretary at an annual salary not exceeding one thousand dol
lars.
§ 5. Section fourteen, sub-division second, is hereby amended Amendment of
§14.
by striking out the words “from the time of filing as aforesaid,”
where the same immediately follow the words “ and also” in said
sub-division.
§ 6. Said Board may, by resolution, confer upon the President Power may be
confered on
power to exercise, in the absence of the Board, the authority President.
given in the fourteenth section, to temporarily suspend oi’ modi
fy any order or its execution. And said Board may change or
Power to modi
modify any order made under the first clause of the fourteenth fy order.
section, except that in cases where no hearing is asked for by the
party affected, the order shall not be so altered as to render its ef
fect more stringent than the original order.
*
§ 7. This act shall take effect immediately.
* Amended, Laws of 18G7, Chapter 956, Section 10.
�LAWS OF 1867.
CHAPTER, 956.
AN ACT relating to the Metropolitan Board of Health, and to
the duties and powers of the commissioners of said board, and
the salaries of their subordinates. Passed May 25, 1867 •
three-fifths being present.
7be People of the State of New York, represented in Senate and
Assembly, do enact as follows:
President and
Secretary pro
tem.
Chief Clerk to
certify papers.
Courts to take
judicial notice.
Duty of Police.
Minimum of
penalty.
Section 1. The Metropolitan Board of Health shall hereafter
have the power of electing persons to perform, pro tempore, the
duties of secretary or president respectively, during any time
when either of said officers may be absent, or be unable or may
refuse to perform their respective, duties; and the board may
designate one of the clerks in the secretary’s office of said board
as “ chief clerk,” who may perform such duties of the secretary
as shall be assigned him ; and papers certified by said chief clerk
shall be of the same effect, as evidence and otherwise, as if certi
fied by the secretary; and all courts shall take judicial notice of
the seal of said board and of the signature of its secretary and
chief clerk.
§ 2. It shall be the duty of the officers and men of the Metro
politan police force to enforce all of the ordinances and regula
tions of said board of health, and to report all violations of the
same; where, in any case the minimum penalty for a refusal to
obey, or for a violation of any order, regulation or ordinance of
said board of health, or any law is not fixed, the amount recov
ered in such case shall not be less than twenty dollars; and the
judge or justice who presided at a trial where such penalty is
claimed, shall, on said trial, in writing, fix the amount (not con
trary to said provisions) of said penalty to be recovered, and
shall direct such amount so fixed to be and it shall be included in
the judgment.
�39
8 3. Saicl board shall have the same powers in respect of per- Persons sick J
0
„
. „ .
,.
.
with pestilent™
sons afflicted with pestilential or infectious diseases, as are given or infectious
by the sixteenth section of the seventy-fourth chapter of the laws
of eighteen hundred and sixty-six, or otherwise, in respect of persons afflicted with contagious disease, and shall have power to
provide and pay for the use of proper places to which to remove places to be
such persons, as well as to designate such places; and said expenses paid.
board may cause proper care and attendance for such persons so
Eick or removed, when it shall appear to said board that any
such person is so poor as to be unable to procure for himself such
mare and attendance.
| § 4. That portion of the fourth subdivision of the twenty- Supervisor8 of
eighth section of the seventy-fourth chapter of the laws of Westchester to
eighteen hundred and sixty-six, which reads as follows, viz.:
“And the board of supervisors of the counties of New York,
LKings, Richmond and Queens (the expenses of the last named
■Bounty to be charged and collected in, and in respect of the
Property of the towns of Newtown, Flushing and Jamaica), re
spectively, are empowered and directed annually,” is hereby
Emended by inserting the word “Westchester,” between the
qvords Kings and Richmond aforesaid, in said act.
§ 5. Service of any order of said board of health shall be
rleemed sufficient, if made upon a principal person interested in |®^ieeofor’
(or upon a principal officer charged with duty in respect of) the
business, property, matter or thing, or the nuisance or abuse to
[which said order relates; or upon a person, officer or board, or
[one of the board who may be most interested in or affected by
its execution. And if said order relate to any building (or the On agents of
.
.„
.
,
£. tenement and ■
drainage, sewerage, cleaning, purification or ventilation thereof, lodging houses, i
Rr of any lot or ground on or in which such building stands) in
the cities of New York or Brooklyn, used for or intended to be
rented as the residence or lodging-place of several persons, or as
a tenement house or lodging-house, service of such order on the
agent of any person or persons for the renting of such building,
lot or ground, or for the collecting of the rent thereof (or of the
[parts thereof to which said order may relate), shall be of the
same effect and validity as due service made upon the principal
of such agent, and upon the owners, lessees, tenants and occupants of such buildings, or parts thereof, or of the subject matter
feto which such order relates.
§ 6. The word nuisance, as used in this act, shall be held to Nuisance de
embrace public nuisance as known at common law, or in equity fined-
�jurisprudence; and it is further enacted that whatever is danger-]
ous to human life or detrimental to health; whatever building!
or erection, or part, or cellar thereof, is overcrowded with occu
pants, or is not provided with adequate ingress and egress to and
from the same, or the apartments thereof, or is not sufficiently
supported, ventilated, sewered, drained, cleaned or lighted, in
reference to their or its intended or actual use; and whatever ren
ders the air, or human food or drink, unwholesome, are also,
severally in contemplation of this act, nuisances; and all such
Liability for ex nuisances are hereby declared illegal; and each and all persons
pense of abating.
and corporations who created or contributed thereto, or who may
support, continue or maintain or retain them, or any of them,
shall be jointly and severally liable for or toward the expense of
the abatement and remedying of the same; but, as between
themselves, any such persons and corporations may enforce con
tribution or collect expenses, according to any legal or equitable
relations existing between them; but nothing herein contained
Common law
liability reserv shall annul or defeat any common law liability or responsibility
ed.
in respect of nuisances. Provided, however, that nothing con
tained in this act or in the act entitled “An Act to create a Me
Stalls around
tropolitan Sanitary District and Board of Health therein for the
Fulton and
Washington
preservation of life and health, and to prevent the spread of dis
markets not to
ease,” passed February twenty-sixth, eighteen hundred and
be removed.
sixty-six; nor in the act amending said last-mentioned act,
passed April nineteen, eighteen hundred and sixty-six,
shall be construed to confer or as conferring upon the said Board
or its officers or agents the power or authority to order the re
moval, tearing down, or injury of any of the stalls or stands
around Fulton or Washington Markets, in the city of New York,
which were erected or enlarged to their present size prior to the
first day of May, 1866, at any time before the first day of July,
1869; and if, at such date, the erection of a new market or mar
kets, in the place of said markets, shall have been authorized by
law, such power shall not be exercised at any time prior to the
first day of May, 1870. But it is hereby expressly declared that
Powers as to
ventilation,
the said board shall have and possess full and complete power
drainage and
cleanliness re with reference to the ventilation, drainage and cleanliness of
served.
said stands or stalls, and shall have power to order the removal
Stalls erected or
of all stands or stalls which have been erected or enlarged upon
enlarged since
May 1, 186(5,
may be remov any street or sidewalk in said city since said first day of May,
ed.
1866, or shall hereafter be so erected; and that the power given
Power over ob
to said board over obstructions in the streets or on the sidewalks j
structions in
the street af
by existing laws is hereby expressly reaffirmed, except as herein
firmed .
�41
Plans for
modified; and the said Board are hereby directed to propose market tonew
bo
and submit to the next Legislature plans and recommendations submitted.
for the building of one or two new markets, whichever they shall
deem necessary, to replace the Fulton, Washington and West
WVashington Markets in said city.
1. Said Board of Health may institute and maintain, in any
fB|Ft in the Metropolitan Sanitary District (having jurisdiction Board may in
stitute suits to
in suits where the amount claimed exceeds one thousand dollars), abate nuisances
a suit or suits for the abatement or remedying of any of the
Bights of board
aforesaid nuisances, either completely or as fully as may be without suit.
thought necessary by the court. And said board shall also have,
fin said district, all common law rights to abate any nuisance
Disposition of
without suit, which can or does in this State, belong to any per costs.
son whatever. And all costs collected in any such action or proBBeding shall be paid over to the Treasurer of the board arid ac
counted for by him.
2. To all such suits the provisions of chapters seventy-four and
Chapters 74 and
six hundred and eighty-six of the laws of eighteen hundred and 686, laws of 1866
to apply.
Lsixty-six, relative to jurisdiction, costs and parties, shall be aprpllCable ; and the courts shall allow the plaintiff, at any proper
stage of the case, to amend, by joining other parties defendant; Eight to amend
and no suit shall be dismissed or defeated by reason of there be
ing other persons interested therein or concerned in causing, Suit not defeat
ed for defect of
creating or maintaining the nuisance complained of in such suit parties.
where such person is not a necessary party to the suit.
3. Such suit shall be tried as an issue of law, and without a How issue to be
j
unless some defendant shall, in his answer, or by notice in tried.
writing to be served on the plaintiff’s attorney within five days How jury de
after service of said answer, demand a trial by jury on some manded or
waived.
question of fact, to be in said answer or notice distinctly stated,
and in respect of which a right of trial by jury exists ; and if
lany such demand be so made and served, the case shall, as to all
■the defendants, be placed on the calendar of jury trial cases; and
to be
when reached for trial, if issues of fact for the jury have not be- Issues in writJ
stated
ing.
fore been settled, the presiding judge may state in writing the
issues of fact to be submitted to the jury, or the trial shall proceed upon the material issues of fact made by the pleadings
without such written statement of issues ; and the judge who
presided at the trial (or some judge of the same court, if said
Judgment to be.
judge he unable) shall, on receiving the verdict, or as soon there- settled.
6
�42
TVliat judgment
to contain.
How expense
to be borne.
To state on
what property
it is a lien.
IIow lien may
be removed.
Judge may or
der discharge
when expenses
paid.
oa
d given.
Or on consent.
Papers to be
filed.
after, and at the same term, if possible, settle and cause to be
entered the proper judgment in said suit.
4. If the judgment be that any nuisance may be abated or reme
l
*
died, in whole or in part, said judgment shall contain sufficient]
directions for its proper execution, and the judge shall, from the |
pleadings and from the evidence given at the trial, find and state!
what proportion of the expense of such execution shall be paid
or be borne by each or all of the defendants, jointly or severally;
and if, in the opinion of the court, any part of or all the expense
of such execution should be borne by said Board of Health, or
the execution of such judgment should be made by said board,
or under its direction, said judgment shall contain the appro
priate directions in respect to such last-named payment or exe-l
cution. And the court may also adjudge the board to pay or
advance such proportion of the expenses of exccuting’such judg
*
ment, as the judgment shall not direct to be paid by some one
or all of the defendants. Said judgment, if against any defend
ant, shall, on its face, state that it will be a lien on the real prop
erty, corporeal hereditaments of such defendant or defendants
respectively, to which the said nuisance shall have related, till
his oi’ their proportion of such expenses of execution are satis
fied, or the lien thereof shall be otherwise discharged according
to law.
5. Any person prejudicially affected by the lien of any such
judgment may, on eight days’ notice to said board, make a mo
tion before any judge of the court in which said judgment was
rendered, for an order that the lien of such judgment be dis
charged as to all or any specific property set forth ; and if it
shall appear to such judge, on the hearing of such motion, that
such eight days’ notice of such motion has been given to the
Board of Health, and that such judgment has been executed and
the expenses paid, which the lien sought to be discharged was
designed to secure ; or if a proper or sufficient undertaking or
bond, with sureties, shall be given for the payment of such ex
penses ; or if said Board of Health, through its attorney or coun
sel, shall in writing consent to the discharge of the last named
lien, as to any or all property referred to, or as to one or more
defendants, then said judge may order said lien discharged of re
cord by the proper officer, to the extent and as to the person or
persons that the order shall specify; and it shall be so dis
charged ; and such order and the moving papers shall be filed
with the proper clerk, as the judge shall direct.
�43
6. No appeal.by any party defendant shall stay the execution Appeal not to
stay proceed
of miy judgment aforesaid, except to the extent, in reference to ings, except by
special order.
the persons, and on the conditions the judge who tried the case
(if he can be conveniently applied to, or, if not, some other judge
of the same court), shall, on the settling of the judgment, or on rnotion, and on four days’ notice to said Board of Health, and with due
reference to the public interests involved, specially order ; and if
no such order shall be made, the judgment shall be executed, not■withstanding any appeal, undertaking or security, and without If no stay judg
any liability on the part of any person (other than as herein else- ment to be
executed.
where provided, in respect of said board), by reason of any damages or consequences growing out of the execution of such
■ mdgment, whether the same be reverffid or not. All appeals by
the defendant from any judgment in the said abatement suits Time within
which appeals
■shall be taken within ten days after notice in writing to the de- to be taken.
fendant or his attorney, of the entry of the judgment therein, Temporary stay
and the judge who tries the case may, in his discretion, and may be allowed.
■(without security, but only for the period of the said ten days,
order a stay as to the execution of the judgment; and within
said period of ten days an undertaking or security on appeal (to
Undertaking to
stay execution of the judgment, as herein provided) must be be filed.
*
filed, the same to be otherwise of the form and obligation as is
required in ordinary appeals from judgments, but which shall alWhat to con
so be conditioned for the payment of the appellants’ adjudged tain.
share of the expenses of executing such judgment as the court
may have estimated and said judgment may have stated, or (if
not estimated in said judgment), as the judge, on application and
three days’ notice to said board, shall estimate the same, in conformity with the judgment, for the purpose of such security on
^Rppeal. But, pursuant to any order, or otherwise, the execution No stay longer
than ten days.
■of any judgment against the defendants shall not be delayed beyond said ten days, if within that period the proper undertaking
or security on appeal, approved by the judge, has not been filed,
and the appeal perfected, as herein provided ; and the judgment
■may state the estimated expense that will have to be paid by
any party towards executing said judgment. But said board Board may ap
peal without
<
■nay appeal in any such case, or any case to which it is a par security.
ty, within ten days after the entry of any judgment, and withEffect of appeal.
out giving any security ; such appeal shall be effectual, and shalloperate as a stay on the judgment, or upon the part thereof in
* respect to which said board appeals.
%
�44
■Blnini for penalty may be
joined in same
action,
Motion for new
.trial.
What judgment
at general term
to contain.
[Appeals to
court of appeals.
When change in
code of proced
ure to apply.
Statement of
expense of exe
cuting to be
verified and
filed.
Notice of filing
to be given.
7. In any such abatement suit said board may join a cause
of action for any penalty oi' penalties that may have been in
*
curred by either of the defendants, by reason of, or in connection
with, the nuisance complained of, or by reason of any omissioq
\
or refusal of any defendant to obey or comply with any order of
the Board of Health touching such alleged nuisance, and have the
proper provision in any judgment therefor against one or more
of the defendants. No motion for a new trial on a case made
shall be entertained in any such abatement suit, except as a part
of and as arising upon the. papers upon a regular appeal to a gen
eral term of the court, and to be heard therewith.
8. The judgment of the general term, if it shall to any extent
direct any change in the judgment appealed from (but shall di
rect, or allow or fail to forbid the judgment in part to be exe- J
cuted), shall also contain the requisite specific provisions, so that
the judgment as modified may be executed, and the due propor
tion of the expenses of such execution may be assessed on the
defendants respectively, or on said board, as the general term |
may adjudge. Upon any appeal from the general term to the
court of appeals, in such abatement suit, the provisions hereof as
to appeals from the judgment to the general term, and as to se« »
curity on appeal, shall, in all particulars, including the length of
time given in which to take an appeal, apply; and no change in
the code of procedure, or otherwise, hereafter to be made, though
in subject matter applicable to said abatement suits, shall be
construed to modify the aforesaid or other provisions of the J|
health laws, as to any suits thereunder, unless such act shall spe- I
cifically declare such modification to be intended.
9. Upon the execution in whole or in part of any such judg
ment (if said board shall, as it is hereby authorized to do, decide
the public interest to demand only execution in part thereof,) a
statement of the expenses of such execution shall be made, and ■
such expenses shall be therein apportioned not contrary to any
provisions of said judgment; and upon the same being verified
by the oath of some person who by due authority, took part in
or had charge of the execution of such judgment, or by some
officer of said board, such statement, entitled in the case, may be
filed or given to the proper clerk to be filed, with such judg
ment ; and notice of such filing or delivery, and a copy of such
statement, shall be given to the attorneys of the defendant in the
suit, or to the defendants themselves, or to some one of the joint
defendants; and unless within ten days aftei- any such notice,
�45
such defendants shall give due notice in writing, to said Board When statemenl|
to become final.
or to the person who, as assignee or by order, executed such
judgment or is entitled to payment of such expense (in case it
was not executed by said board), of a motion, and serve there
with copies of affidavits to correct such statement in particulars
to be mentioned, and separately and clearly stated in such affida
vit, such statement aforesaid shall be, in all suits and proceed
ings and tribunals, and at all times, deemed and taken to be
final, conclusive, and correct; and no formal defect in such state
ment shall in any wise vitiate the same. And on any hearing of Proceedings on
hearing of
such motion, any party in interest, or said board, may read affi- motion to cor
rect statement.
Idavits in support of such original statement; and the finding of
Iwiy judge on the hearing of such motion, as to the said state Judges finding
ment of such expenses and other matters in such motion involved final.
or statement contained shall be final and conclusive, and not sub Effect of modi
ject to appeal; and such finding or statement as modified by fied finding.
such finding, when filed, shall be of the same effect as such orig
inal statement would have been, had no motion in regard there
to been made ; and for the purpose of an execution for such ex- Finding to bo
fpense, and creating a lien under any judgment;, such statements part of j udgment.
and finding or modified statement shall be regarded as a part of
said judgment, and the lien thereof shall extend to any amounts
(stated in such final statement and finding.
When
10. For the proportion and amounts, as authorized by such tion toexecnbe
issued and top
(judgment, and contained in such finding or in such statement or what.
modified statement, when either of the same shall have become
filial as aforesaid, said board or any assignee of such board, or
any other person who has executed such-judgment, or has otheiwise a right to receive the expense of so doing (or the portion
thereof that may be due from any defendant), shall have execu
tion, on such execution being allowed ex parte, by a judge oi
the court in which any judgment was recovered (and such exe
cution shall, in due form, be allowed by any such judge) ; such Against whom’
execution 10 be.
Execution to be against any one or more defendants or joint defeedants for the recovery of any amount due from such de
fendant or defendants, which the party claiufeg such execution
is entitled to receive ; and such execution, except as herein especially provided, shall be of the same effect and form as any exe
cution duly issued pursuant to any judgment. But no execution No execution
for less than
shall be issued against any defendant for less than the whole amount due.
sum due from such defendant, or for less than he shall be liable
execu
to pay in such suit; but any sum adjudged against any defend Separatecosts,
tion for
penalty, &c.
ants or defendant, in any such abatement suit for penalties,'costs,
�46
or for other cause than the expense of the abatement or remedy
ing of such nuisance, may be collected by separate or other exe
cutions (than those authorized tor collecting- such expense), to be
issued in due course of law.
'When prelimi
nary injunction
may be granted.
11. In any abatement suit aforesaid, the court, or a judge
thereof, may issue and enforce an appropriate preliminary in
junction, whenever it shall be asked for pursuant to an order of
said Board of Health, by affidavit, and there shall appear to such
judge to be reasonable cause therefor; and such injunction may
also be granted whenever it shall be made to appear to the court
On what
grounds.
or a judge thereof, by affidavit, that such injunction is needed to
prevent any illegal act, conduct, or business aforesaid, or its con
tinuance, or to prevent serious danger to human life or serious
detriment to health, or great public inconvenience touching any
matter or thing to which this act or the health laws aforesaid re
late. And in any such injunction order the court may require
[What injunc[tion order to
any building, erection or grounds to be put in a condition that
contain.
will not be dangerous to the life or detrimental to the health of
any occupant, before the same shall be leased, or rented or occu
pied, or before any rent or compensation shall be collected for
the rent or use of the whole or any portion of the same. In
any such injunction order, and also in any judgment in any abate
ment suit, the judge or court may require the tenants, lessees
Court may or and occupants (or either or any of them) of any such building,
der rents to be .
paid to Board. erection or grounds, to pay the rent thereof (or compensation there
for) due or to grow due, to said board, and said board to collect and
IIow money to
receive the same, and to apply said rent to pay the expenses of
be applied.
putting any said building, erection or ground in a condition that
will not be dangerous to the life or detrimental to the health of'
any present or future tenant, .lessee or occupant, or of any other
persons; all such collections and payments to be made in such man
ner, to such extent and oil such conditions as any such order or
judgment may provide; and every such payment to said board,
Treasurer's re and the receipt of its treasurer for such rent or compensation,
ceipt to be a
discharge.
shall be as effectual to protect any person who has made the
same, and every such tenant, lessee and occupant, and all his
and their rights under any lease or occupation, as if such pay
ment had been made to and such receipt had been given by any
lessor or owner, or any proper claimant of any such rent or com
pensation, who had, but for such order or judgment, the right
and authority to receive the same. (But no undertaking or se
No undertaking
on injunction. curity shall be required or necessary, on the part of said board,
�47
as a condition of granting such injunction, or the same being
effectual; and in any final judgment in such suit there may be injunction on
enjoined whatever, if about to happen or threatened, would be flnal->lldsmeutthe proper subject matter of a preliminary injunction.) And
when the public interest seems to the court to require a speedy Trial may bo
trial or hearing of any such suit or appeal therein, it shall be the exPedltedHuty of any judge of any court aforesaid, or of the court to
(whom application by said board may be properly made, to cause
such suit or appeal to be brought to a speedy trial (and before
it would otherwise be reached for trial or argument in due course
on the calendar,) as the judge or court may by special order
Kirect.
12. In so far as any judgment may be directed to be executed Ast0 expenses
at the expense of said board of health, or by any party defend- bnoa^red by tbe
ant at his own expense, and shall by such party defendant be so
Executed, the expense of such execution shalMiot be stated or
Embraced in the aforesaid statement or finding of expenses ; but
if any part of the execution aforesaid, which any party should
have borne or paid, shall (by reason of the delay, refusal or
defective act or execution of such party or any other cause,) be
paid, borne or incurred by said board of health, in and about the
Execution of such judgment, then the said latter expenses of said
board may be embraced in said statement and finding, 'and col
lected by execution as aforesaid.
13. Whatever expenses said board of health may lawfully and Expenses m.
1
e
e
.
properly incur in the execution of any iudgment aforesaid, or in enrred by board
r 1
.J
.
.
.
.
J J
°
.
in ,s°°ci faith to
executing, or in connection with its own orders, made in good be paid from its
?
.
.
.
. °
funds.
faith, or in and about th® discharge, in good faith, of its sup
posed duties, or-in satisfying any liability or judgment it may
have in good faith incurred or suffered by reason of its acts done
in good faith as aforesaid, or in satisfying any claim against its
officers or subordinates, arising from their acts in the discharge
fin good faith of their supposed respective duties, shall, so far as
established, be paid out of its fund or other moneys, and shall be
apportioned, assessed, collected and paid as is provided in the
health laws aforesaid in respect to the expenses of said board
and such sums paid or recovered under this act, shall not be Such expenscs
included in or considered as a part of that class of the expendi- pW ta™olned
tures of the board in respect to which there is or may be a specific limitation as to amount.
§ 7. No member, officer or agent of said board of health, and Membersand
no person (but only the board itself,) shall be sued or held to noVpersonaHy'1
liability for any act done or omitted by either person aforesaid liable-
�48
Board liable to
action.
Must be brought
within six
months.
What may be
recovered where
no undertaking
given.
Name of Board.
Service of pa
pers on board.
Name of Board
of Excise.
No injunction
against board
except by Su
preme Court on
notice.
(in good faith and with ordinary discretion,) on behalf dr oH
under said board, or pursuant to its regulations, ordinances or
said health laws. And any person whose property may have]
been unjustly or illegally destroyed or injured, pursuant to any
order, regulation or ordinance, or action of said-board of health!
or its officers, for which no personal liability may exist as afore!
said, may maintain a proper action against said jboard for the
recovery of the proper compensation or damage to be paid by
and from the funds of said board of health. Every such suit]
must be brought within six months after the cause of action
arose, and the recovery shall be limited to the damages suffered
And there shall be the same right to sue and recover against said
board (the amount to be paid from its funds,) when no security’
or undertaking is given by the board on appeal, or the granting
of an injunction, that would have existed (pursuant to the fore’
going provisions,) to sue and recover of any party to such under-]
taking, had the same been duly executed by any such party and'
board, and duly approved and filed, according to the practice in
analogous cases.
§ 8. Said board of health may sue or be sued in and by its
proper name, as “ The Metropolitan Board of Health,” and not
in or by the name of the members of said board or any of
them ; and service of all process in suits and proceedings against
or affecting said board, and other papers, may be‘ made upon the
president of said board, or upon its secretary, and not otherwise;
except that, according to usual practice in other suits, papers in
suits to which said board of health is a party, may be served on
its attorney. But when a party plaintiff or defendant to a suit
(or otherwise designated in any manner, in its capacity as a
board of excise,) said board of health shall be designated in said
capacity, and said board of excise shall hereafter be known and
described as “ The Metropolitan Board of Excise,” and only by
such last name shall it or its members sue or be sued.
§ 9. No preliminary injunction shall be granted against the
Metropolitan board of health, or of police, or its or their officers,
or against the commissioners of said boards in their capacity as
a board of excise, or against the last named board, except by the
supreme court, at a special or general term thereof, after service
of at least eight days’ notice of a motion for such injunction^
together with copies of the papers on which the motion for suehj
injunction is to be made.
�49
| 10. The sixth section of the six hundred and eighty-sixth § G, Chap. 686,
Laws ot 1866
chapter of the laws of eighteen hundred and sixty-six, is hereby amended.
amended by substituting the word “ burthensome” in place of
the word “ stringent,” therein contained. The “ code of health
Code of
ordinances,” mentioned in said six hundred and eighty-sixth nances. ordi
‘chapter, shall hereafter be designated as the “ code of sanitary
ordinances,” and the same may embrace all matters and subjects
What
to which, and so far, as the power and authority of said board of brace . to em
health extends; nor shall anything in said acts be construed as
limiting their application to the subject of health only; and said
ordinances may respectively be designated as, or incircle, rules
and regulations. Hereafter said code shall be published once
only in any week, and for two weeks only in the aggregate, in
any one year, and it shall not be necessary to publish any por When to be
published.
tion of said code which has remained unaltered since its last pre
vious publication. The twenty-ninth section of the seventy
fourth chapter of the laws of eighteen hundred and sixty-six shall
be deemed applicable to any case hereafter to arise, when said To what § 29 of
Chap. 76, Laws
board may find it necessary and proper to borrow money to dis of 1866 appli
cable .
charge its duties and defray its expenses, as in said section more
particularly mentioned;. but no more than twenty-five thousand Amount which
dollars shall be borrowed by virtue hereof, or under said section, may be borrow
ed.
in any one year. The right given in the seventy-fourth and six Right to sue for
certain
hundred and eighty-sixth chapters of the laws of eighteen hun ties. penal
dred and sixty-six, to said board of health, to sue for and re
cover, in its own name, any penalties, shall embrace any and all
penalties that might, before the acts aforesaid, have been sued
for or collected by the mayor, aldermen and commonalty of the
city of New York, the city of Brooklyn, or any person (or body
in either of said acts referred to,) under or in respect of any law
or ordinance, the power or authority given or conferred, or pur
porting to be exercised by which is now possessed by said board
of health.
§ 11. If any person shall knowingly make to said board of
health or any officer thereof any false return, statement or report False return of
births, &c.
relative to any birth, death or marriage, or other matter con
cerning which a report or return may be legally required of or
should be made by such person: or if any member, inspector or False report.
officer, or .agent of said board of health shall knowingly make to
said board of health any false or deceptive report or statement,
(in connection with his duties,) or shall accept or receive, or au7
�50
Bribe.
Punishment.
thorize or encourage, or knowingly allow any other person to
accept or receive any bribe or other compensation as a condition
of or an inducement for not faithfully discovering and fully
reporting or otherwise acting according to his duty in any
respect: then any and every such person shall be deemed guilty
of a misdemeanor, and shall be liable to be for such crime in
dicted, tried and punished according to law, and shall, in addi
tion, forfeit all compensation due or to grow due from said
board.
§ 121 ^TP011 the application of any party in interest in any
pending examination before said board of health, bv affii
? J
davit stating the grounds of such application to any judge of a
court of record, and asking that any person or persons therein
named shall appear before said board of health, or any person
taking or about to take such examination, at some time or times
and place, to be stated in said affidavit, it shall be the duty of
such judge, if he discovers reasonable cause so to do, to issue his
order requiring such person or persons named to appear and sub
mit to such examination as and to the extent such order may
state, at the times and places to be in said order named; and
such order, to be signed by such judge, may be served, and shall
in all respects be obeyed as a subpoena duly issued; and a refu
sal to submit to the proper examination may be punished by
such judge, or by any judge of such court, as a contempt of
court, upon the facts as to such refusal being brought before any
such judge by affidavit.
eeimns orders'
§ 13> ^ie
board, its assignee, or any person acting under
to be a lien.
p-g authority, in executing any order of said board, shall have a
lien for the expenses necessarily incurred in the execution of
said order, and said expenses shall be a lien upon the land and
buildings upon or in respect of which, or either of which, the
Priority of ii»n wo1’^ required by said order has been done, or expenses incurred,
which lien shall have priority over all other liens and incum
brances, except taxes and assessments. But no such lien shall
where notice to be valid for any purpose till the said board or person shall have
caused to be filed in the office, or -with the officer where notices of
mechanics’ liens are now or maybe hereafter required to be filed,
a notice containing the same particulars required to be stated
what to conwith reference to mechanics’ liens, with the further statement
tall‘'
that the expense has been incurred in pursuance of an order of
said board, and giving its date. Upon such filing the said offi
cer shall make the same entry on the book or index in which
mechanics’ liens are entered as he is required to enter in cases of
Rmpei™7
to attend before matter
board.
i
�51
mechanics’ lien, together with a reference to said order by date;
and thereafterffhe same shall, except as herein elsewhere pro
vided, have the same effect in all respects as a mechanics’ lien;
land all proceedings with reference to said lien, its enforcement
/and discharge, shall be had and carried on in the same manner
Bis similar proceedings with reference to mechanics’ liens are
how or may be hereafter by law had or carried on. The filing
of such statement shall, as to all persons, have the same effect as
filing of notice of mechanics’ lien ; and unless within two months
When notice to
after actual notice of such filing, proceedings are taken by the b- come coneluparty against whom or whose said property the lien is claimed siveto discharge such lien, the filing shall, as to all persons having
such actual notice, become conclusive evidence that the amount
claimed in such statement, with interest/is due, and is a just lien
’upon said land and building. Such lien shall continue to be a Hotv long to
Alien for the space of four years from the time of filing such state continues lien.
ment, unless proceedings are in the meantime taken to enforce
or discharge the same, which may be done at any time during
its continuance. In case proceedings are so taken, it shall remain a lien until the final termination of such proceedings; and
if such proceedings shall result in a judgment for the amount
claimed in such statement, or any portion thereof, such judg
ment shall, to such extent, be a lien in the same manner, and
grom the same time, as said statement.
§ 14. The said Board of Health may from time to time fix and Powers of board
over coroners
define the time of making, and the form of returns and reports in New York
to be made to said board by the coroners of the counties of New and Kings.
York and Kings, in all cases of post mortem inquests, or view
ing of dead bodies held by them or any of them ; and the said
coroners are hereby required to conform to the directions of Coroners to
said board in the premises, and it shall be the duty of every obey directions,
loroner at once, and before holding any inquest, upon being
Duty of coro
failed upon to hold an inquest as aforesaid, or notified thereof, ner:- to notify
boa’d of call for
to immediately transmit and cause to be delivered to the secre inquest.
tary of said board of health, written notice of the fact of such
call for holding inquest, in which shall be stated every particu
lar then known to said coroner as to said call, the body, the
place where it is, and the reported cause of death. If at any Board may or
der burial ot
time said board, or the sanitary, or assistant sanitary superin body in certain
tendent, shall deem the protection of the public health to de- cases.
U|and, it may (so soon as the coroner’s jury shall have viewed
the dead body, and an autopsy thereof shall have been made,
�52
provided the coroner deems the same necessary,) order the im
mediate burial of any dead body, or if he or it deems that the
public health demands an immediate removal of said body from
the place of death to another place for inquest, may likewise at
any time order said immediate removal, and shall have, power to
cause said orders to be obeyed and executed.
Limit of expen
§ 15. The seventy-fourth chapter of the laws of 1866, is
diture.
amended, by substituting in the place of the words “ one hun
dred thousand dollars,” where the same occurs in the twenty
eighth section thereof, the following words, viz : “ one hundred
Salaries of Su and fifty thousand dollars.” The salary of the sanitary superin
perintendent,
tendent shall be five thousand dollars per annum; of the assis
asst, superin
tendent. Inspec
tant sanitary superintendent thirty-five hundred dollars, and of
tors, may be
classified.
the sanitary inspectors not less than eighteen hundred dollars,
nor more than twenty-five hundred dollars; and said board may
Asst, inspec
divide said inspectors into classes, and fix the salaries of each
tors .
class within said limits. Said board may appoint such num
Expense of ex
ber of assistant sanitary inspectors as they shall deem necessary,
ecuting orders
not covered by
and fix their salaries at an amount not exceeding twelve hun
limit.
dred dollars each. And all sums that may be expended in exe
cuting any order, resolution or regulation of said board of health,
or in executing any judgment that may be recovered by the
board, or in paying any sums that may be recovered against the
board of health, shall be deemed sums provided to be paid by
and to be recovered back from some person or corporation,
within the meaning of the said last named twenty-eighth sec
tion,.
§ 16. By reason of the additional duties to be performed by
Salary of com
missioners as a the several commissioners of said board of health, in their ca
board of excise.
pacity as commissioners of excise, the salary of each thereof,
except the health officer of the port of New York, is increased
by the sum of fifteen hundred dollars, and a reasonable compen
May increase
sation or salary in addition to what has been heretofore author
salaries of offi
cers .
ized may be paid by said board to any of its officers or employees
whose labors are for that reason increased ; the said increase of
salary to date from the first day of December, one thousand
Increase to date
from December eight hundred and sixty-six, and the same shall be paid from the
1,1866.
moneys received for licenses. The provisions of the seventy
Quorum, mode fourth chapter, of the laws of 1866, so far as the same relate to
of calling meet
ings, seal, &c., the calling and holding of meetings, or a quorum thereat, the
of board of
duties of the secretary, the dismissal and control of officers and
exciseagents, the designation and use of a seal, the authentication and
Or its removal.
�53
presumptive effect and legality of the records, papers and acts of
the board, shall be held to apply to said board and the commis
sioners named in said act and to their doings, in their capacity
as a board of excise. Said board of excise shall make a like an- lo report,
nual report as is required of said board of health. ■
§17. Any wilful omission or refusal to obey or conform to Neglect or retu.
.
.
sa1 to obey a
any part of this act, or any willful resistance of or refusal to misdemeanor.,
obey any order, regulation or ordinance made in pursuance of
this act, shall be subject to the same punishment, penalty and
liabilities, both civil and criminal, as if such omission, refusal or re
sistance was in respect of either of the acts mentioned in the tenth
Section hereof, or in respect of an order, regulation or ordinance
made in pursuance of either of the last named acts.
§ 18. When any order of said board of health has been exe- statement. <>r
°
J
.
.
expense, of excuted, or so far executed as said board may require, the expen- editing orders
ses of such execution, giving in general terms the items of such
expense and the date of execution, shall be stated in an affidavit,
and the same shall be filed among the records of said board,
with the order so executed; and said board shall take care, by
or through some proper officer, or otherwise, that the expenses
of such execution be so stated with fairness and accuracy ; and
when it shall appear that such execution, or the expenses there
of, related to several lots or buildings belonging to different per- Espcnse to bc
sons, said affidavit shall state what belongs to or arose in respect apportioned
to each lot of said several lots or buildings, as said board or its
authorized officer may direct; and the correctness of such ap
pointment or expenses, as stated in any such affidavit, shall not
statement
be called in question or reviewed elsewhere than before said corrected,
board; but said board may revise and correct the same, as said
board shall think truth and justice may require.
Claim for pen
Whenever the expenses attending the execution of any order alty and for ex
pense joined in
of said board of health (and all such expenses are to be a lien one action
and charge as said original act specifies as to certain expenses,)
may be made the subject of a suit by said board, or its assignee,
(or the person having a right to recover such expenses,) there
maybe joined in the same suit a claim or claims for any penalty
or penalties for violations of either of said chapters, or of this
act, or for the violation or omission to perform or obey said
order, (or any prior order of said board,) or for the not doing of
that or any portion of that, for the doing of which said expenses
i arose or were incurred; and said board may make an assignment ciaim for pen, .
alty may he asof the claim for any such penalty or penalties, to enable the claim sagged.
�54
Joint or several
judgment.
Expenses and
judgment a lien
upon rent.
Also upon com
pensation refer
red to in § 16,
Chap. 76, Laws
of1866.
How lien ren
dered effectual.
Copy of order
with statement
of expense or
transcript of
judgment to be
served.
Upon whom
served.
Demand of rent
may be served.
for the same and the claim for said expenses to be joined in the
same suit; and the proper joint or several judgment may be had
against one or more of the defendants in the suit, as they or
either of them may be liable in respect of both said claims, or
either or any of them.
And said expenses of executing said order, and the expenses
of executing any judgment in any abatement suit herein pro
vided for, and the several judgments that may be recovered
hereunder, or otherwise, for any such penalty or expenses, (or
both such penalty and expenses together,) until the same are
paid or discharged, shall be (a lien as other judgments, and also)
a lien and charge upon rent and compensation due or then ma
turing from any tenant or occupant of the building, lots and
premises, or the parts thereof to which any such order or judg
ment relates, or'in respect of which any such expenses were in
curred.
And such expenses and judgments shall respectively be liens
on the several compensations mentioned, and under the circum
stances stated (as to certain expenses being such lien) in the
fourteenth section of the seventy-fourth chapter of the laws of
eighteen hundred and sixty-six, as if the provisions there contained
were here repeated. For the purpose of rendering such lien and
charge more effectual to secure payment of any such expenses or
judgment, from any rent or compensation aforesaid, the follow
ing proceedings may be taken:
1. The board of health, or any person owning any such judgment,
or the claim for any such expenses, or having a right to receive
payment therefor, may serve a copy of the order under or by
reason of which such expenses were authorized or incurred (with
a copy of any affidavit, stating the expenses of the execution of
such order,) or, if the claim be a judgment, may serve a tran
script of such judgment (and any affidavit showing the expense
of its execution, if there be any) upon any person or corporation
owing, or who is about to owe, any compensation (in respect of
any matter or thing in said fourteenth section mentioned,) or
owing or about to owe any rent or compensation for the use or
occupation of any grounds, premises or building, or any part
thereof, to which said order or judgment relates, and in respect
of which such expenses or the expenses embraced in said judg
ment related or were incurred; and may, at any time of such
service, demand in writing that such rent, or any such compensa
tion (to the extent of said claims for said expenses, or of any such
�55
Efflgtnent or expense in executing the same,) shall, when such
rent or compensation becomes clue and payable, be paid to the
Uwsurer of said board of health.
2. After the service of the papers aforesaid and such demand,
do6'a
any tenant, lessee, occupant or other person owing or about to ?a’d t0 treas"
Owe, any such rent or any such compensation, shall, when such
rent or any such compensation shall mature or become payable,
pay the same, and from time to time any other amount thereof,
as the same may become due and payable, (or so much thereof
as is sufficient to satisfy any such judgment or claim for expen
ses or both, so served,) to the treasurer of said board of health ;
and such treasurer shall give his receipt as treasurer therefor, Treasurer to
stating on account of what order or judgment and expenses the an^deposiUn
'same has been paid to him and received; and the amount so re
ceived shall be deposited in some bank in the city of New York,
where other funds of the board are kept, to the special account
of such treasurer.
3. Any person or corporation refusing or omitting, as herein di- Persons refusi
i
,
r.
.
o in.?to pay liable
rected, to make such payment to said treasurer, after service of for amount,
the paper and demand aforesaid, as herein required, shall be per
sonally liable to said board of health, or to the party owning
any such claim for expenses or judgment (if not belonging to
said .board,) for the amount that should have been paid to said
treasurer, according to the provisions hereof, and may by such
barty (or board, if the owner aforesaid) be sued therefor; and thereforSUed
Buch persons shall not in such suit dispute or call in question the whatnot to be
authority of said board of health to incur or order such expense,
uted in suoh
Or the validity or correctness of such expenses or judgment in
any particular, or the right of the party making said demand, or
his assignee, to have the same paid from such rent or compensa
tion. But the receipt of such treasurer ,for any sum 1
paid him as receipt efiectTreasurer’s
1
J
aforesaid, shall, in all suits and proceedings, and for every pur- ualpose, be as effectual in favor of any person holding the same as
actual payment of the amount thereof to the proper landlord,
lessor, owner, or other person or persons who would, but for the
provisions of this statute, or said service and demand, have been
entitled to receive the sum so paid to such treasurer, could or
would have been. And it is further expressly declared, that no
tenant or occupant of any lot, building or premises, or his or dispossessed be
their assignee or lessee, shall be dispossessed or disturbed, nor u treasurerDt
shall any lease or contract, or rights, be forfeited or impaired,
nor any forfeiture or liability be incurred by reason of any omist
�o6
sion to pay to any landlord, owner, lessor, contractor, party of
other person, the sum so paid to said treasurer, or any part
thereof.
Treasurer to re
4 . The treasurer of said board of health shall retain said money
tain moneys till
twelve clays af so paid him until twelve days after it s^iall be made to appear to
ter notice.
said board of health, or some proper officer thereof, by satisfac
tory affidavit, that the party or parties, or his or their agent for
the collection of any such rent or compensation, who (but for ■
the provisions hereof would have been entitled to receive the
same,) has had written notice of such payment being made, to
said treasurer, and a copy of his receipt therefor; and if at the
If suit to recov end of said twelve days, the party or parties aforesaid, so noti
er not brought fied, have not instituted suit to recover said money, as herein
within twelve
days amount
to be applied on after provided, then the same shall, by said treasurer, be paid to
claim.
any person who may own or have the right to recover the
amount of the judgment or the claim for expenses so served as
aforesaid (or so much thereof as the party may be entitled to,)
or on account of which the money was paid to said treasurer;
and after such payment by the treasurer, the party or parties
When money
may be claimed aforesaid (who failed to sue) shall have no right to demand or
back of treas
urer after
receive any such money unless they shall, within six calendar
twelve days.
months from the expiration of said twelve days, in a suit allege
that they had no notice of such payment to said treasurer, and
What to prove shall, on the trial of such suit, prove said allegation, and also
on trial.
that they were not liable to pay the said claim for expenses or
the said penalty or judgment, and that the said board had not
jurisdiction to order the expenses aforesaid, on account of which
the money was so paid to said' treasurer, or on which any such
judgment was obtained; and in case of a recovery in such suit it
Who to be made shall be only to the extent such parties were not so liable; and
parlies.
in such suit any person or persons who may have received said
money from said treasurer or board shall, by the plaintiff, be
made a party defendant; and if the plaintiff shall recover such
Board may have
judgment
money, or any part thereof, said board of health shall be enti
against co-defendant.
tled to any equitable judgment in such suit which the court may
see lit to direct for recovering said money back, or any part
thereof, from such co-defendant, which had been paid to him by
said treasurer.
5. In case any suit shall be brought under the last subdivision ot
if suit brought
within twelve
this section, or before the expiration of the said twelve days,
days, who may
be parties.
said board of health (but not said treasurer) shall be joined as a
party defendant; and any person or persons, other than said
�57
^oardjBlwning the right to receive said money on account of
said order, expenses or judgment, or who has received the same,
shall also hy the plaintiff be made parties defendant; and no
answer need be made by said board, (except at its option, or if What answer of
it be not a claimant as having paid or incurred said expenses, or board to con
tain .
as being the owner of said judgment,) further than the allega
tion that it holds said money so paid, and is ready to pay it over,
as the result of the suit may render it proper, or to pay an equal
amount to the plaintiff, if adjudged to do so; and said money shall Money to be
be held by said board pending said suit, (if not paid over before held pending
suit.
suit brought as aforesaid,) and provided said suit be diligently
prosecuted to judgment; and on its conclusion the board of
health shall cause the money, if still with its treasurer, or the
proper amount from its funds, to be paid as the determination of
No costs
the suit may render proper; and no costs in any suit in this sec board. against
tion mentioned shall be recovered against said board of health.
But to entitle a plaintiff to recover in any such last named suit, What plaintiff
to prove.
he must make the same proof and establish the same facts as is
required to enable him to recover in any aforesaid suit in this
section mentioned, except as to his not having had notice of such
payment to such treasurer. The treasurer shall obey the direc Treasurer to
obey board.
tions of said board, and shall not be personally liable (unless for
Ilfs own fraudulent acts) for or in respect of any such money or Not personally
facts aforesaid to any one, but said board of health shall pay liable.
such sum as may be finally adjudged against it in any suit.
§ 19.. Said board of health is hereby authorized and directed Board to codify
laws.
to employ such competent person or persons to reduce to the
form of a code all the laws applicable to said board or such parts
Of them as are deemed appropriate to be enforced, and to add
thereto such provisions as said board may deem needful; and To prepare code
also to prepare a complete code of ordinances appropriate to be of ordinances,.
enacted and put in force in said district; and also such general
regulations, and blank forms, as in the opinion of said board
are requisite in the discharge of its duties ; the same to be re
ported to the legislature as early as they can be prepared and To be reported
perfected, and not later than the opening of the session in eight to legislature.
een hundred and sixty-nine ; and said board may incur the ne
cessary expense for the purposes aforesaid, and said board may
have such report printed.
, § 20. No law heretofore enacted or hereafter to be enacted This or prior >:
Shall be construed to repeal or modify any portion of this act or acts not repeal-!
ed by implica
of any law relating to said board of health, or to the members tion.
8
�58
Board of police
may build
telegraphs.
Board of health
may use
telegraph.
Board of police
to detail patrol
men as sur
geons.
Police surgeons
may be detailed
to assist board
of health.
Of said board, their duties or powers as such or as a Board of Ex
cise, unless and except in so far as said law shall expressly thereto refer, and repeal or modify the said laws.
§ 21. The Board of Metropolitan Police shall have power to
erect, operate, supply and maintain, under the general laws of
the State relating to telegraphs, all such lines of telegraph to
and between such places in the district as for the purposes and
business of the police the board shall deem necessary. Said
board may procure and shall own and control all instruments,
fixtures, property and materials procured for the pnrpose above
mentioned, but the cost thereof shall be chargeable to general
expenses of Metropolitan police. The board of police is hereby
permitted to use the said telegraph lines to aid them in facili
tating the operations of the board of health, and when so used
the expense thereof shall be charged to the said board of health,The board of Metropolitan police may detail from the force
members thereof, not exceeding five in number, to perform sur
geon’s duties in any part of the district, and may remand them
to post duty, and while they are so detailed to surgeon’s duties
their pay shall be the same as other surgeons. The pay of sur
geons shall be chargeable to the respective counties in which
they served as surgeons; and any surgeon may be dismissed by
resolution of the board, but the unanimous vote of the board, all
the commissioners being present, taken by ayes and noes, and
recorded, shall be required to adopt such resolution. The board
of police may, if requested by the board of health, employ their
surgeons to aid the sanitary inspectors in the discharge of
their duties, under such regulations and order as the board
of police may make and issue.
§ 22. This act shall take effect immediately.
�59
CHAPTER 908.
AN ACT for the regulation of tenement ancl lodging houses in
the cities of New York and Brooklyn. Passed May 14, 1867.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Section 1. From and after the first day of July, eighteen
j
i ■ .
■.
When to take
hundred and sixcy-seven, no house, building, or portion thereof, effect,
in the cities of New York or Brooklyn, shall be used, occupied,
leased or rented for a tenement or lodging house unless the same
conforms in its construction and appurtenances to the require
ments of this act.
§ 2. Every house, building or portion thereof, in the cities of Vg t_
New York and Brooklyn, designed to be used, occupied, leased windows,
dt rented, or which is used, occupied, leased or rented for a ten
ement or lodging house, shall have in every room which is occu
pied as a sleeping room, and which does not communicate
directly with the external air, a ventilating or transom window,
having an-opening or area of three square feet, over the door
leading into and connected with the adjoining room, if such ad
joining room communicates with the external air, and also a
ventilating or transom window of the same opening or area,
communicating with the entry or hall of the house, or where
this is, from the relative situation of the rooms impracticable,
such last- mentioned ventilating or transom window shall com
municate with an adjoining room that itself communicates with
the entry or hall. Every such house or building shall have in
th© roof, at the top of the hall, an adequate and proper ventilax., x .
tor, ot a form approved m New York by the inspector of public hal1buildings, and in Brooklyn by the assistant sanitary superintendent of the metropolitan board of health.
§ 3. Every such house shall be provided with a proper fire Pire esc
escape, or means of escape in case of fire, to be approved in New
York by the inspector of public buildings, and in Brooklyn by
assistant sanitary superintendent of the Metropolitan board
of health.
1
§ 4 The roof of every such house shall be kept in good re- Eool in repair.
*
pair, and so as not to leak, and all rain water shall be so drained
�60
or conveyed therefrom as to prevent its dripping on to the ground^
or causing dampness in the walls, yard or area. All stairs shall
be provided with proper bannisters or railings, and shall be kept
in good repair.
Water closets
§ 5. Every such buildingshall be provided with good and suffi
or privies.
cient water closets or privies, of a construction approved by the
Metropolitan board of health, and shall have proper doors,
traps, soil pans, and other suitable works and arrangements, so
far as may be necessary to ensure the efficient operation thereof.
Such water closets or privies shall not be less in number than
One to every
twenty occu
one to every twenty occupants of said house; but water closets
pants.
and privies may be used in common by the occupants of any two
or more houses, provided the access is convenient and direct,
and provided the number of occupants in the houses for which
they are provided shall not exceed the proportion above required
To be connected for every privy or water closet. Every such house situated
with sewer.
upon a lot on a street in which there is a sewer, shall have the
water closets or privies furnished with a proper connection with
the sewer, which connection shall be in all its parts adequate
for the purpose, so as to permit entirely and freely to pass what
ever enters the same. Such connection with the sewer shall be
of a form approved in New York by the Croton Aqueduct
To have traps
Board, and in Brooklyn by the Board of Water Commissioners.
and water.
All such water closets and vaults shall be provided with the
proper traps, and connected with the house sew’er by a proper
tight pipe, and shall be provided with sufficient water and other
proper means of flushing the same; and every owner, lessee and
Owners and
others to pre
occupant shall take adequate measures to prevent improper sub
vent obstruc
tions, exhala
stances from entering such water closets or privies or their con
tions, &c.
nections, and to secure the prompt removal of any improper
substances that may enter them, so that no accumulation shall
take place, and so as to prevent any exhalations therefrom, offen
sive, dangerous or prejudicial to life or health, and so as to pre
Cesspools only vent the same from being or becoming obstructed. No cesspool
.when unavoida
ble.
shall be allowed in or under or connected with any such house,
except when it is unavoidable, and in such case it shall be con
structed in such situation and in such manner as the Metropoli
How construct tan Board of Health may direct. It shall in all cases be water
ed.
tight, and arched or securely covered over, and no offensive
smell or gases shall be allowed to escape therefrom, or from any
Yard or area to privy or privy vault. In all cases where a sewer exists in the.
be connected
street upon which the house or building stands, the yard or areal
with sewer.
shall be so connected with the same that all water, from the roof
Stairs.
�61
or otherwise, and all liquid filth shall pass freely into it. Where °jtterh street
no sewer exists in the street, the yard or area shall be so graded
that all water, from the roof or otherwise, and all filth shall flow
freely from it and all parts of it into the street gutter, by a pas
sage beneath the sidewalk, which shall be covered by a perma
nent cover, but so arranged as to permit access to remove ob
structions or impurities.
§ 6. From and after the first day of July, eighteen hundred ^dansotoc*
and sixty-seven, it shall not be lawful, without a permit from the
Metropolitan Board of Health, to let or occupy, or suffer to be require permits,
occupied separately as a dwelling, any vault, cellar, or under
ground room built or rebuilt after said date, or which shall not
have been so let or occupied before said date. And from and cgl]ar to he
after July first, eighteen hundred and sixty-seven, it shall not be used
lawful without such permit to let or continue to be let, or to
occupy or suffer to be occupied separately as a dwelling any ments.
vault, cellar or underground room whatsoever, unless the same
be in every part thereof at least seven feet in height, measured
from the floor to the ceiling thereof, nor unless the same be for
at least one foot of its height above the surface of the street or
ground adjoining or nearest to the same, nor unless there be
outside of and adjoining the said vault, cellar or room, and ex
tending along the entire frontage thereof, and upwards from six
inches below the level of the flooi’ thereof up to the surface of
the said street or ground an open space of at least two feet and
six inches wide in every part, nor unless the same be well and
effectually drained by means of a drain, the uppermost part ot
which is one foot at least below the level of the floor of such
vault, cellar or room, nor unless there is a clear space of not less
than one foot below the level of the floor, except where the same
is cemented, nor unless there be appurtenant to such vault, cellar
or room the use of a water-closet or privy kept and provided as “have^
in this act required, nor unless the same have an external win- windows, &c.
dow opening of at least nine superficial feet clear of the sash
frame, in which window opening there shall be fitted a frame
filled in with glazed sashes, at least four and a half superficial
feet of which shall be made so as to open for the purpose of
ventilation. Provided, however, that in case of an inner or back
vault, cellar or room let or occupied along with a front vault,
cellar or room, as part of the same letting or occupation, it shall
be a sufficient compliance with the provisions of this act if the cellar may be
front room is provided with a window as herein before pro- front one.
vided, and if the said back vault, cellar or room is connected
�62
with the front vault, cellar or room by a dooi' and also by a prop
er ventilating or transom -window, and where practicable
also, connected by a proper ventilating or transom window,
or by some hall or passage, or with the external air.
Provided always that in any area adjoining a vault, cellar
May have steps
to area.
or underground room there may be steps necessary for access to
such vault, cellar or room, if the same be so placed as not to be
over, across or opposite to the said external window, and so as
to allow between every part of such steps and the external wall
of such vault, cellar or room, a clear space of six inches at least,
and if the rise of said steps is open ; and provided further that
over or across any such area there may be steps necessary for
Also over area.
access to any building above the vault, cellar or room to which
such area adjoins, if the same be so placed as not to be over,
across or opposite to any such external window.
§ 7. From and after the first day of July, eighteen hundred
After July 1,
■868, every
and sixty-eight, no vault, cellar or underground room shall be
cellar requires
permit.
occupied as a place of lodging or sleeping, except the same shall
be approved, in writing, and a permit given therefor, by the
Metropolitan Board of Health.
§ 8. Every tenement or lodging house shall have the proper
garbage boxes.
and suitable conveniences or receptacles for receiving garbage
fcombustibles or and other refuse matters.
No tenement or lodging house, nor
unhealthy
articles not to
any portion thereof, shall be used as a place of storage for any
be stored, or
animals kept.
combustible article, or any article dangerous to life or detrimen
tal to health; nor shall any horse, cow, calf, swine, pig, sheep
oi’ goat be kept in said house.
§ 9. Every tenement or lodging-house, and every part there
To be kept clean
of, shall be kept clean and free from any accumulation of dirt,
filth, garbage or other matter in or on the same or in the yard,
court, passage, area or alley connected with or belonging to the
To cleanse to
same. The owner or keeper of any lodging-house, and the
satisfaction of
Board of Health. owner or lessee of any tenement house or part thereof, shall
thoroughly cleanse all the rooms, passages, stairs, floors, win
dows, doors, walls, ceilings, privies, cesspools and drains thereof
of the house or part of the house of which he is the owner or
lessee, to the satisfaction of the Metropolitan Board of Health,
so often as shall be required by or in accordance with any regu
lation or ordinance of said board, and shall, well and sufficiently,
To whitewash
to the satisfaction of said board, whitewash the walls and ceil
twice a year.
ings thereof twice at least in every year, and in the months of
April and October, unless the said board shall otherwise direct.
�63
Owners and
Every tenement or lodging-house shall have legibly posted or agents names
painted on the wall or door in the entry, or some public accessi posted.
ble place, the name and address of the owner or owners, and of
me agent or agents, of any one, having charge of the renting
and collecting of the rents for the same ; and service of any pa
Service of pa
pers required by this act, or by any proceedings to enforce any pers .
of its provisions, or of the acts relating to the Metropolitan
Board of Health, or the Department for the Survey and Inspec
tion of buildings, shall be sufficient if made upon the person or
persons so designated as owner or owners, agent or agents.
§ 10. The keeper of any lodging-house, and the owner, agent Officers of'
Board of Health
of the owner, lessee and occupant of any tenement house, and to have access.
every other person having the care or management thereof,
shall, at all times, when required by any officer of the Metro
politan Board of Health, or by any officer upon whom any duty
or authority is conferred by this act, give him free access to such
Sick persons
house and to every part thereof. The owner or keeper of any be reported. to
lodging-house, and the owner, agent of the owner, and the lessee
of any tenement house, or part thereof, shall, whenever any per
son in such house is sick of fever, or of any infectious, pestilen
tial or contagious disease, and such sickness is known to such
owner, keeper, agent or lessee, give immediate notice thereof to
the Metropolitan Board of Health, or to some officer of the
same, and, thereupon, said board shall cause the same to be in House may be
disinfected,
spected, and may, if found necessary, cause the same to be im clothing, furni
ture, &c.
mediately cleansed or disinfected at the expense of the owner,
in such manner as they may deem necessary and effectual; and
they may also cause the blankets, bedding and bed clothes used
by any such sick person, to be thoroughly cleansed, scoured and
fumigated, or, in extreme cases, to be destroyed.
§ 11. Whenever it shall be certified to the Metropolitan Board Buildings infec
ted or out of
of Health by the Sanitary Superintendent, that any building or repair may be
ordered vacated.
part thereof is unfit for human habitation, by reason of its being
so infected with disease as to be likely to cause sickness among
the occupants, or by reason of its want of repair has become
Notice to be
dangerous to life, said board may issue an order and cause the posted and
same to be affixed conspicuously on the building or part thereof, served.
and to be personally served upon the owner, agent or lessee, if
the same can be found in this State, requiring all persons therein
to vacate such building for the reasons to be stated therein as
aforesaid. Such building or part thereof shall, within ten days
thereafter, be vacated; or within such shorter time, not less than
�64
twenty-four hours, as in said notice may be specified; but said
board, if it shall become satisfied that the danger from said
house, or part thereof, has ceased to exist, may revoke said or
der, and it shall thenceforward become inoperative.
§ 12. No house hereafter erected shall be used as a tenement
Houses here
after erected or house or lodging house, and no house heretofore erected and not
converted to
comply with
now used for such purpose, shall be converted into, used or
additional
requirements. leased for a tenement or lodging house, unless in addition to the
requirements hereinbefore contained, it conforms to the require
ments contained in the following sections:
§ 13. It shall not be lawful hereafter to erect for or convert to
Distances be
tween buildings the purposes of a tenement or lodging house a building on the
on front and
rear of lot.
front of any lot where there is another building on the rear of
the same lot, unless there is a clear open space exclusively be
longing thereto, and extending upwards from the ground of at
least ten feet between said buildings, if they are one story high
above the level of the ground ; if they are two stories high, the
distance between them shall not be less than fifteen feet; if they
are three stories high, the distance between them shall be twenty
feet; and if they are more than three stories high, the distance
Buildings on
between them shall be twenty-five feet. At the rear of every
rear of lot.
building hereafter erected for or converted to the purposes of a
tenement or lodging house on the back part of any lot, there
shall be a clear open space of ten feet between it and any other
Distances may building. But when thorough ventilation of such open spaces
be modified.
can be otherwise secured, said distances may be lessened or
modified, in special cases, by a permit from the Metropolitan
Board of Health.
§ 14. In every such house hereafter erected or converted, every
Height of rooms. habitable room, except rooms in the attic, shall be in every part
not less than eight feet in height from the floor to the ceiling ;
and every habitable room in the attic of any such building, shall
be at least eight feet in height from the floor to the ceiling,
throughout not less than one-half the area of such room. Every
Windows.
such room shall have, at least, one window, connecting with the^
external air, or over the door a ventilator oi perfect construction,
connecting it with a room or hall which has a connection with
the external air, and so arranged as to produce a cross current of
Sizo of windows. air. The total area of window or windows in every room commnnicating with the external air, shall be at least one-tenth qf
the superficial area of every such room; and the top of one, ah
least, of such windows, shall not be less than seven feet and six
Order may be
revoked.
�65
inches above the floor, and the upper half, at least, shall be made
so as to open the full width. Every habitable room of a less small rooni to
area than one hundred superficial feet, if it does not communi- ventilation,
cate directly with the external air, and is without an open fire
place, shall be provided with special means of ventilation by a
separate air shaft extending to the roof, or otherwise, as the
'Board of Health may prescribe.
§ 15. Every such house hereafter erected or converted shall have chimneys,
adequate chimneys running through every floor, with an open
fire-place or grate, or place for a stove, properly connected with
one of said chimneys, for every family and set of apartments.
It shall have proper conveniences and receptacles for ashes and ^bbTshnd
rubbish. It shall have Croton, Ridgewood, or other water fur
nished at one or more places in such house, or in the yard there- Waterof, so that the same may be adequate and reasonably convenient
for the use of the occupants thereof. It shall have the floor of Cellar floor
the cellar properly cemented, so as to be water tight. The halls
dt
on each floor shall open directly to the external air, with suita- ends,
ble windows, and shall have no room or other obstruction at the
end, unless sufficient light or ventilation is otherwise provided
for said halls, in a manner approved by the Metropolitan Board
of Health.
8 16 Everv owner or other person, violating any provision of Punishment for
O
J
a
n i
-1
• violation.
this act, after thesame shall take effect, shall be guilty of a mis
demeanor, punishable by a fine of not less than ten dollars, nor
more than one hundred dollars, or by imprisonment.for not more
than ten days for each and every day that such violation shall
continue, or by both such fine and imprisonment in the discreLtion of the court. He shall also be liable to pay a penalty of jtow recovered
ten dollars for each and every day that such offence shall con
tinue. Such penalty may be sued for and recovered by the Me
tropolitan Board of Health, and when recovered shall be paid
over to the treasurer of said board. In every proceeding for a
/‘ violation of this act, and in every such action for a penalty, it
shall be the duty of the owner of the house to prove the date
of its erection or conversion to its existing use, if tnat fact shall
become material, and the owner shall be prima facie the peison
liable to pay such penalty, and after him the person who is the
lessee of the whole house, in preference to the tenant or lessee
of a part thereof. In any such action the owner, lessee and oc- owner, lessees
t cupant, or anv two of them, may be made defendants, ancl jucig- may be deiend-
�66
ment may be given against the one or more shown to be liable,
as if he or they were sole defendant or defendants.
Definition of
§ 17. A tenement house within the meaning of this act, shall
[tenement house.
be taken to mean and include every house, building, or portion
thereof which is rented, leased, let or hired out to be occupied,
or is occupied as the house or residence of more than three fam
ilies living independently of another, and doing their cooking
upon the premises, or by more than two families upon a floor, so
living and cooking, but having a common right in the halls,
■Definition of
stairways, yards, water closets or privies, or some of them.- A
dodging house.
lodging house shall be taken to mean and include any house or
building, or portion thereof, in which persons are harbored or
received, or lodged for hire for a single night, or for less than a
week at one time, or any part of which is let for any person to
sleep in for any term less than a week. A cellar shall be taken
to mean and include every basement or lower story of any build
Definition of
[cellar. #
ing or house of which one-half or more of the height from the
floor to the ceiling is below the level of the street adjoining.
§ 18. The Metropolitan Board of Health shall have authority
Board of Health
may modify.
to make other regulations as to cellars and as to ventilation,
consistent with the foregoing, where it shall be satisfied that
such regulations will secure equally well the health of the occu
pants.
§ 19. This act, except when it is otherwise expressly pro
When to take
effect.
vided, shall take effect in May first, eighteen hundred and sixty
seven.
CIOFTEI8. 700.
Board of Health
to regulate driv
ing of cattle. &c.,
in New York
arid Brooklyn.
AN ACT with reference to the powers of the Metropolitan
Board of Health in the regulation of cattle driving and other
matters. Passed April 24, 1867.
The People of the State of New York, represented in Senate
and Assembly, do enact as follows:
Section 1. From and after the passage of this act it shall not
be lawful to drive any cattle, sheep, swine, pigs, or calves,
through the streets or avenues of New York or Brooklyn, or
any of them, except at such times and in such manner as the
Metropolitan Board of Health may by ordinance or resolution
prescribe. But so long as said board shall permit the business
�67
©f "augHt-ering animals for food to be carried on, in that portion
of the city of New York south of Fortieth Street, it shall be
lawful to drive through such streets and avenues in the city of So long as
New York as may be designated by said board, and under such hous^permitrestriction as to numbers as said board may prescribe, cattle bed<wven tiif
from eight o’clock in the evening till two hours after sunrise in sunrise?andfter
the morning, and sheep until twelve o’clock at noon. But in sheep tlU B0011,
designating the streets and avenues the said board shall have
regard as well to the convenience of persons driving the same ^nate sti-ee^8"
as to the character, condition and ordinary use of the said streets Xmbers°rib6
and avenues.
§ 2. No person in charge of any cattle, sheep, pigs, swine or cattie, &c., no«
calves, shall, if able to prevent it, permit any such cattle, sheep, acrosFside-1"
pigs, swine or calves, to pass upon or across any sidewalk in walk‘
said cities, and any per.-on violating any provision of this act
shall be deemed guilty of a misdemeanor, and on conviction be Penalty forvio.
punished by a fine of not less than ten or more than fifty dol- latinslawlars, or by imprisonment in the penitentiary for not more than
thirty days, or by both such fine and imprisonment.
§ 3. In all cases to which said Board of Health is a party,
either when acting as such or as a Board of Excise, preference fn°d excisehtolth
shall be given to the same by all courts and judges on all motions, trials, and appeals, in the same manner as to cases to which
the people of the State are directly parties plaintiff, and when
ever said board shall seek any provisional remedy,1 or shall 1
pros- give undertakBoards need not
J
ecute any appeal, it shall not be necessary before obtaining or
on appea^B
prosecuting the same to give any undertaking, but such board
shall be liable in the same manner as if an undertaking had
been given in the ordinary manner.
§ 4. This act shall take effect immediately.
,
CHAPTER 6S7.
AN ACT to authorize the abatement and prevention of certain
nuisances deemed dangerous to the public health in the city
of Brooklyn. Passed April 23, 1867, three-fifths being pres
ent.
The People of the State of Yew York, represented in Senate
and Assembly, do enact as follows :
| Section 1. Whenever it shall appear to the Metropolitan ZSePpSond«M
Board of Health, that any surface water has been, or shall be of health
liable % be ponded at any place in the city of Brooklyn, and commissioners.
�68
remain stagnant, so as to be or become a nuisance dangerous
to the public health in the vicinity thereof, they shall cause a
notice in writing to be served upon the Board of Sewerage Com
missioners of said city, specifying the location of such place.
Sewerage com
§ 2. Said Board of Sewerage Commissioners, upon receiving
missioners to
ascertain cause. such notice, shall examine and ascertain whether such ponding |
of water has been or is liable to be caused by the erection of
any building, fence, wall or other obstruction, so as to prevent
the natural or usual flow or passage of surface water, and
May enter upon
lands.
for that purpose, and for the purpose of draining such water
from such pond, the said Sewerage Commissioners, their agents
and workmen, shall be and hereby are authorized to enter into
and upon any lands and premises in the vicinity of the place
May cause
Brain to be
designated in said notice, and cause a suitable drain to be madeJ
made.
or a suitable pipe to be laid across any land above or below the
surface thereof, as they may deem best, so as to drain such water
from such pond or place, and cause it to flow and be discharged
into some public street or sewer.
'Sewerage com
§ 3. Said Sewerage Commissioners shall estimate the damages
missioners to
estimate damwhich may be sustained by the owner or owners of the lands
ages.
upon which such drain shall be made, or pipes laid, after giving
Ten days’ notice to such owner or owners ten days previous notice in writing, of
to be given
[owners.
the time and place of making such estimate, which notice shall
be served upon such owner or owners personally, or leaving the
same at his or their usual place of residence, or upon the premi
ses where such drain or pipe shall be made or laid, with some
person of suitable age to receive the same.
Bi deemed prop
§ 4. If said Sewerage Commissioners shall, under all the cir
er, may pay ex
penses from
cumstances deem it proper that such damages and the cost and
general sewer
age fund.
expenses incurred in making such drain, or laying such pipe,
should be borne by the public, as being necessary to prevent or
abate a nuisance dangerous to the public health, they shall pay
the same out of the general fund raised for sewerage purposes ;
but if they shall not deem it proper that such damages, costs
Or may assess
Bpon lands ben
and expenses should be so paid, then they shall make a just and
efited.
equitable assessment thereof, upon all the lands upon which th®
buildings, fences, walls or other obstruction, which has caused
such water to pond, shall have been or shall be made, and upon
such other land adjacent thereto, if any, the owners of which,
in the opinion and judgment of said commissioners, ought in jus
Assessments to tice to bear and pay any part thereof, and the assessment so
to be liens.
made shall be liens upon the lands assessed, and shall be collect-
�69
edln the same manner as other assessments made for the costs
and ^xpenses of constructing sewers in said city are collected.
§ 5. If any person shall wilfully destroy or injure any such
drMn, pipe, or obstruct or prevent the passage of water through
the Same, he or she shall be guilty of misdemeanor.
§ 6. This act shall take effect immediately.
Misdemeanor to
impair or ob
struct drain.
CHAPTER
AN ACT to incorporate the Soldiers’ Business Messenger and
Dispatch Company. Passed April 15, 1867.
The People of the State of Phew York, represented in Senate
and Assembly, do enact as follows:
* * * Section 6. Said corporation is hereby authorized
and shall have power to erect and maintain covered stands or
fcooths on the streets of the cities apd villages in said district,
except Broadway in the city of New York. Provided, that no
booth or stand shall be placed upon the sidewalk, without pre
vious consent of the owner or lessee of the property adjoining
or against said booth or stand; and the number, size and loca
tion of said booths or stands shall be determined by the Metro
politan Board of Health, or a majority of said board, who shall
determine and locate the same upon application by the president
of this corporation.
* * Section 9. This act shall take effect immediately.
Corporation
may place
,
stands in street
if approved by
board of health
*
�70
CHAPTES
Permits to visit
vessels at quar
antine .
AN ACT to enable the Board of Supervisors of the County of
New York to raise money by tax for certain county purposes^
to extend the powers of the Metropolitan Police, and to pro
vide for the auditing and payment of unsettled claims against1
said county. .Passed April 25th, 1867, three-fifths being pres
ent.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
* * * Section 26. Nothing in this act shall be deemed to
conflict in any manner with the Quarantine laws, or with the
rules and regulations of the Health Officer of the Port of New
York; nor shall any permit or licenses issued under the act
hereby amended, authorize any person to visit any ship or ves-J
sei under quarantine, without the authority of the Health Offi-’
cer of the Port of New York, or the Metropolitan Board of
Health.
CHAPTER 586.
t
AN ACT to enable the Board of Supervisors of the County or
New York to raise money by tax for the use of the corporaJ
tion of the city of New York, and in relation to the expendi
ture thereof; and. to provide for the auditing and payment of
unsettled claims against said city, and in relation to actions
at law against said corporation. Passed April 23, 1867 ; threefifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Moneys appro
priated to Board
to clean streets
not provided
for by contract.
Moneys appro
priated to clean
streets oftencr
than required
by contract.
(EXTRACT.)
“For the Metropolitan Board of Health to pay the expense of
cleaning such streets, alleys, squares and public places in the
city of New York, as are not provided to be cleaned by any ex-l
isting contract, the sum of five thousand dollars, or so much,
thereof as may be necessary for that purpose. If at any time
the said board shall be of the opinion that the public health re-
�71
quires that any street or streets, avenue or avenues, public place
o'i'i places, should be cleaned more frequently than is required by
the existing contract for cleaning the streets, they may order
the same to be cleaned as much oftener as in their opinion the
public health requires, and the comptroller shall pay to the per
bon doing the work, on the certificate of the president of said
board, the amount that may be agreed upon therefor, not ex
ceeding in the aggregate the sum of twenty thousand dollars,
which sum is hereby appropriated thereWr. But. nothing here
in contained shall be construed as exempting th[e contractor
for cleaning the streets from any existing liability.”
Existing con
tracts not affect
ed.
�CHAPTER 57S.
Board of Health
Eonstitute Board
of Excise.
Extent of disBh'ict.
Inspectoi- of ex
cise.
Salary.
License requir
ed.
Board to grant
licenses.
LAWS OF 1866.
AN ACT to regulate the sale of intoxicating liquors within the
Metropolitan Police District of the State of New York, passed
April 14,1866; three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Section- 1. The persons who are and from time to time shall]
be Commissioners of the Metropolitan Board of Health, are hereJ
by constituted and created a Board of Excise, in and for the Me
tropolitan District of the State of New York, excepting and
excluding the County of Westchester, and from and after the
passage of this act, they alone shall possess the powers and per
form the duties of Commissioners of Excise within said Metro-!
politan Police District, excepting said County of WestchesterJ
They shall receive no compensation for their services as such
Board of Excise.
*
§ 2. There shall, in the said Metropolitan Police District, be an
officer called and known by the title of “Inspector of Excise,”
who, under the Board of Excise, shall be charged with the per-a
formance of such of the duties herein imposed upon them as they
can and shall delegate to him. The Board of Excise shall havepower to appoint and remove such officer, and to pay him out of
the moneys to be received by them, as hereinafter provided, such
salary as they shall deem proper, not exceeding two thousand
dollars a year.
§ 3. From and after the first day of May, 1866, no person or per
sons shall, within the said Metropolitan Police District, exclusive
of the County of Westchester, publicly keep, or sell, give away
or dispose of any strong or spirituous liquors, wines, ale or beef]
in quantities less than five gallons at a time, unless as he or they
may be licensed, pursuant to the provisions of this act, and may
be permitted by it.
§ 4. The said Board of Excise shall, subject to the further
provisions hereof, have power to grant licenses to any person or
persons of good moral character, and who shall be approved by
them, permitting him and them for one year from the tune the
same shall be granted to sell and dispose of, at any one named
place within said Metropolitan Police District, exclusive of the
* Amended, Laws ofl86T, Chapter 956, Section 16.
�County raWestOKfester, strong and spirituous liquors, wine, ale Rate of license
and beM in quantities less than five gallons at a time upon re- fee.
ceiving a license fee, to be fixed in their discretion, and which
khall feiot be less than thirty nor more than two hundred and
fifty dollars.
§ 5. Such licenses shall be in the form of a written or print- Form of licensed
Mfcertificate, stating the name of the person or persons, and the
place licensed; shall be signed as the said Board of Excise shall
provide and direct; shall be kept posted by the person or
*
persons licensed, in a conspicuous position in the room or License to b
posted and ex
place where his or their sales are made, and shall be exhibited hibited.
at all times by the person or persons so licensed, and by all persons acting under such licenses, on demand to every sheriff, con
stable or officer or member of police: any omission so to display
Result of
and exhibit such certificate shall be presumptive evidence that omission.
any person or persons so omitting to display and exhibit the
same has and have no licenses.
§ 6. Such licenses shall only be granted on written applica- Form of ap
plication .
tion to the said Board, signed by the applicant or applicants,
Hecifying the place for which license is asked, and the name
*
or names of the applicant or applicants, and of every person inter
Bld or to be interested in the business to authorize which the
license shall be used.
§7. Personsnot licensed may, within the said Metropolitan Unlicensed perd
sons may sell
Police District, exclusive of the County of Westchester, keep, more than five
gallons.
and in quantities not less than five gallons at a time, sell and dispose of strong and spirituous liquors, wines, ale and beer, provided that no part thereof shall be drunk or used in the building, But not to bo
On any building, yard, garden or inclosure communicating drank on prem
ises.
with, or in any public street or place contiguous to the building
in which the same shall be kept, sold or disposed of.
§ 8. Licenses granted as above shall not authorize any person Not sell on SUBday
or persons to, nor shall any person or persons publicly keep, sell, day. or election
give away or dispose of any strong or spirituous liquors, wines,
ale or beer on Sunday, or on any day upon which a general or
special election or town meeting shall be held within one-quarter
mile from the place where the same shall be held.
§ 9. The said Board of Excise shall keep a complete record Record of licenk>f die names of all persons licensed as herein above provided, ses to be kept.
‘with a statement of the place licensed and license fee imposed
and paid in each case, which record they shall at all times per
�74
mit to be seen in a convenient place at their principal headquar
ters in the City of New York.
Licensed per
§ 10. Persons licensed as herein provided shall prevent, so
sons to preserve
order.
far as is in their power, and shall at all events give immediate!
notice to the nearest sheriff, constable, officer or member of po
lice, of all and every disturbance, disorder, or breach of the
peace in any place which shall be so licensed, and shall forthwith
Shall close if
cause all persons to be removed therefrom, and the place to be
necessary.
closed, and kept closed until quiet is restored.
§ 11. No person shall sell, give or dispose of any strong or spiritu
No sales to mi
nors or appren ous liquors, wines, ale or beer to any apprentice or person under
tices without
consent.
eighteen years of age, knowing or having reason to believe him
to be such, without the consent, in the case of an apprentice, of
his master or mistress, and in the case of a person under eighteen
years of age, of his father, mother or guardian.
§ 12. No person shall sell, give, or dispose of, and no person
No sales to
drunkards or
licensed as herein provided, shall suffer any person for, under, or
intoxicated per
sons.
employed by him, to sell, give or dispose of any strong or spiri
tuous liquors, wines, ale or beer to an habitual drunkard, or to
any intoxicated person or persons then being under the influence
of liquor.
§ 13. No person licensed as herein provided shall, against the
request of any wife, husband, parent or child, sell, give or dis-l
Sales to wives,
&c.
pose of any strong or spirituous liquors, wines, ale or beer to
the husband of any such wife, wife of any such husband, parent
of any such child, or child of any such parent.
§ 14. All persons licensed as herein provided shall keep the
Places closed
Sundays and
places at which they are so licensed to keep, sell, give and dis
from midnight
till sunrise.
pose of strong and spirituous liquors, wines, ale and beer, ordei’l
ly and quiet, and between the hours of twelve o’clock at night
and sunrise, and on Sundays, completely and effectually closed.
Nothing herein contained shall be construed to prevent hotels,
Hotels on Sun
days.
from receiving and otherwise entertaining the travelling public]
upon Sundays, subject to the restrictions contained in this sec
tion.
§ 15. No person or persons except those licensed as herein
Unlicensed per
sons not to pro provided, and those permitted to sell in quantities more than five
fess to sell.
gallons at a time, shall give out or profess to sell, or to have for
sale, strong or spirituous liquors, wines, ale or beer, or shall have,
permit, or continue in or about his or their premises any sign,
notice or token that such liquors, wines, ale or beer are there
Signs,
�kept for sale, or give notice or advertise thart he or they have Advertisements
such liqllors, wines, ale or beer for sale.
Punishment
§ 16. Every person who shall violate any of the foregoing violation. for
provisions of this act, shall for each offence be guilty of a misde
meanor, and on conviction thereof, shall be punished with a fine
of not less than thirty dollars, nor more than one hundred dollars,
or with imprisonment for not less than ten days, nor more Fine and im
prisonment.
than thirty days, or by both such fine and imprisonment. In ad
dition thereto, every person who shall violate any of the forego
ing provisions hereof shall be liable to a penalty of fifty dollars Penalty.
jfor each offence, recoverable in a civil action in the name of said
Board of Excise, provided that any person or persons may com
plain to the President of such Board of Excise of any such of
fence; and, on the recovery by said Board of the penalty
therefor, the said Board shall pay to the person or persons so
first complaining, if not members of the Police Department, the
one-half of the penalty so recovered ; and said Board shall have Attorney.
authority to employ and pay attorney or attorneys to prosecute
actions for the recovery of such penalties.
§ 17. No person who shall trust any person for any strong or No payment for
'spirituous liquors, wines, ale or beer, on a sale thereof in quanti sales on credit.
fies less than five gallons, to be, or which shall be drunk, or used
in the building, or in any building, yard, garden or enclosure
communicating with, or in any public street, or place contigu
ous to the building in which the same shall be sold, can recover
or compel payment therefor.
§18. Any conviction for violation of any of the foregoing Conviction
provisions hereof, by any person or persons licensed, or at any forfeits license.
place licensed, as herein provided, shall forfeit and annul such
license.
^ § 19. It shall be the duty of every sheriff, constable, police Police to en
man and officer of police to compel the observance, and to pre force law.
vent the violation of the foregoing provisions hereof; if necessa May close
ry, by summarily closing and keeping closed any places in which places.
shall be violated any of such provisions.
I § SO. Every sheriff, constable, officer or member of police shall Arrest without
forthwith arrest all persons who shall violate any of the provis warrant.
ions of this act, and carry such persons before any magistrate of
the city or town in which the offence shall be committed, to be
dealt with according to the provisions of this act. And it shall Duty of magis
be the duty of every magistrate to entertain complaints for a trates .
�76
violation of any of the provisions of this act made by any person
under oath.
Intoxicated perg 21. It shalla be the duty of every sheriff, constable, officer IH
sons to be ar°
J
d
.
.
tested.
member of police to arrest any person who shall be intoxicated
in the street, any public place or places where strong and spin®
tuous liquors, wines, ale or beer are sold, publicly kept or dis
posed of, and to take him before any magistrate of the same city
or town; and if such magistrate shall, after due examination,
deem him too much intoxicated to be examined, or to answer onf
Magistrates to
oath correctly, the magistrate shall cause him to be confined unoat™ine Undei til he shall become sober, and then to be brought before the]
magistrate, who shall examine him on oath or affirmation as to
the cause of such intoxication, and ascertain from him from
whom he obtained the liquor he shall have drunk; but such ex
*
amination shall not be used as evidence against such intoxi
cated person in any prosecution, civil or criminal, such intoxicain'toxlcation1/01" tion being hereby declared to be an offence, punishable upon j
conviction by a fine of ten dollars and costs, and imprisonment
until the same shall be paid, not exceeding ten days.
§ 22. The said Board of Excise may at any time, and, upon
i vokeliTeTs™" the complaint of any resident of the said Metropolitan Police!
District, except in the County of Westchester, shall summon be
fore them any person or persons licensed as aforesaid; and if
they shall become satisfied that any such person or persons has
or have violated any of the provisions of this act, they shall re
voke, cancel and annul the licenses of such person or persons]
which they are hereby empowered to do. Upon any inquiry
tendan^Lfwu- the saicI Board, or the party complained of, may summon, and
nesscs.
said Board may compel, the attendance of witnesses before them
and examine them under oath.
Disposition of
§ 23. All license fees and penalties herein provided for shall
andVenaities^ be received by, and all fines herein provided for shall be paid,
over to the said Board, and shall be by them, after deducting
therefrom the necessary Expenses of collection, appropriated to,
and to diminish the expenses of the Police Department of the said
Metropolitan Police District, exclusive of the County ofWestchesJ
ter; provided that nothing herein contained shall divert from
state inebriate Bie State Inebriate Asylum such proportion of license fees as is
now set apart for said institution by existing laws. The said
i Board to report. Board shall annually report all sums so received by them,, and
�77
Magistrates
all magistrates and courts shall monthly report and pay over to and courts to
pay over.
said Board all fines imposed and received hy them.
*
Grand jurors
I § 24. All courts having jurisdiction to try offences against the to be charged.
visions of this act shall instruct and charge grand jurors to
inquire into all such offences and to indict all offenders.
§ 25. Any person who shall sell any strong or spirituous Persons selling
liquors or wines to any of the individuals to whom it is declared in violation of
the law liable
by this act to be unlawful to make such sale, shall be liable for for damages.
all damages which may be sustained in consequence of such sale,
and the parties so offending may be sued in any court in this
State by any individual sustaining such injuries, or by said Board
of Health, and the sums recovered shall be for the benefit of the
party injured.
§ 26. All acts and parts of acts inconsistent with the provis Repealing
ions hereof are hereby repealed, so far as the same Aall apply to clause.
the said Metropolitan Police District, except the County of
Westchester.
§ 27. This act shall take effect immediately.
* Amended, Laws of 1867, Chaptei- 470, Chapter 80G, Section 6, Chapter 843, Section 4,
jlphapter 8S9, Chapter 926, Chapter 956, Section 16. Bee post.
�78
CHAPTER, 77.
Quorum.
’Ma’ority of
board to concur
AN ACT to fix the number necessary to form a quorum of the
board of excise, in and for the Metropolitan police district of
the State of New York, excepting and excluding the county
of Westchester. Passed March 11, 1867.
The People of the Slate of New York, represented in Senate and
Assembly, do enact as follows:
Section 1. A majority of the board of excise in and for the
Metropolitan Police District of the State of New York, except
ing and excluding Westchester county, is hereby declared to be
a quorum thereof,with power to do any and all business entrust
ed to said board. But no action or order shall be had or taken
by the said board, unless at a meeting thereof, regularly called,
there shall have been a vote thereon had and taken in which
vote a majority of said board shall have concurred.
§ 2. This act shall take effect immediately.
CHAPTER 470.
Commissioners
of charities and
correction to re
ceive twelve per
cent, of excise
moneys.
AN ACT to amend an Act entitled “An Act to establish an
Asylum for Inebriates in the City of New York, and provide
for the government thereof,” passed April 8th, eighteen hun
dred and sixty-four. Passed April 20, 1867, three-fifths being
present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Section i. * * * Said Commissioners [of Charities and
Correction] are hereby authorized to receive from the Board of
Excise, from time to time, twelve per cent, of the aggregate
amount of moneys received in each and every year by said
Board of Excise, from and after April first, eighteen hundred
and sixty-seven, for license fees received for licenses granted in
the city and county of New York, and said board on application
of the said commissioners, are hereby authorized and directed to
pay over from time to time to said commissioners such per centage, which moneys shall be strictly applied by said commission.
�79
HRIx> the building, maintenance and support of said asylum,
and duly accounted for in their annual report. But nothing in
this act contained shall be construed to divert from the State
lhebriate Asylum, or interfere with the proportion of said license
'fees set apart for said institution by existing laws. The said Also fines for
commissioners are authorized to demand and receive all fines ^0XK‘atl0n»
imposed for intoxication or disorderly conduct in the city of
New York, which fines, without any deduction, shall be paid
over monthly by the magistrate, clerk, or other person who re
ceives the same, to the said commissioners, and shall be by them
applied and accounted for as other moneys received by virtue of
this act.
CHAPTER. §06.
IAN ACT to enable the Board of Supervisors of the County of
New York to raise money by tax for certain county purpo
ses ; to extend the powers of the Metropolitan Police, and to
provide for the auditing and payment of unsettled claims
against said county. Passed April 25th, 1867, three-fifths
being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
* * * Section 6. The Metropolitan Board of Health, ere- Excise money
ated by the act chapter seventy-four of the laws of eighteen "e paid wmimishundred and sixty-six, acting as the Board of Excise, as author- fn°g™'ndofsin,s1
ized by the act chapter five hundred and seventy-eight of the
laws of eighteen hundred and sixty-six, is hereby authorized and
directed, from and after the passage of this act, through the per
son acting as treasurer of the said Board of Excise, to pay over
monthly to the Chamberlain of the City of New York, for the
use of the Commissioners of the Sinking Fund of said city, and How applied,
to be applied by said commissioners, as provided by law, for the
redemption of the city debt, all license fees and fines which may
be collected by the said Board of Excise in the county of New
York, in pursuance of the act chapter five hundred and seventy
eight, before mentioned, after deducting therefrom twelve per
cent. of all such moneys received since the first day of April,
^eighteen hundred and sixty-seven, which are now provided by
law to be paid annually to the Commissioners of Charities and
�80
State Inebriate
Asylum t<> be
state"yt< °
Enectbm de-
feucted.
gaiary oftreas-
Correction, and also deducting ten per cent, of all such moiieyl
received prior to April first, eighteen hundred and sixty-ei^M,
which ten per cent, shall be paid to the New York State Inebrl
ate Asylum, at Binghamton, which said ten per cent, shall be
. ,
,
...
?
T , .
1
paid to the said, Hie agw lore State Inebriate Asylum, as now
required by law; provided that the trustees of the said asylum
shall, within sixty days after the passage of this act, make and
execute a conveyance to the State of New York, by deed, dulyl
acknowledged and recorded, of all the real estate, with the
buildings and improvements thereon, and appurtenances thereto,
owned by said asylum in the County of Broome, in said State]
which conveyance the said trustees are hereby empowered to
ma^e; and also deducting the necessary expenses and salaries
incurred in collecting said fees, as authorized by law; and no
portion of license fees and fines, except as above provided, shall
be paid over to any commission or corporation. The treasurer
of the Board of Excise shall receive for his compensation in col
lecting such license fees and fines the sum of one thousand five
hundred dollars per year.
CHAPTER §43.
AN ACT to incorporate the Inebriates’ Home for Kings
County. Passed May 9th, 1867.
The People of the State of Phew York, represented in Senate and
Assembly, do enact as follows:
lent.1 of excise
Kin^fcounty
inebriates’10
Home.
aiso fines.
* * * § 4- The Treasurer of the Board of Excise in and
^or ^ie Metropolitan Police District of the State of New York,
shall pay to the Treasurer of the said Inebriates’ Home of Kings
County, or his order, twelve per cent, of all the moneys hereaf|
ter received by said Board of Excise for licenses granted under
said excise law to persons residing in the county of Kings, after
all legal deductions therefrom, and deducting therefrom the
proper proportion of the expenses of said board, and such sums
as now or may hereafter be appropriated by law to other purposes. And all fines hereafter received by said board for viola!
tions of said excise law committed in said county of Kings,
shall in like manner be paid to the treasurer of said Inebriates’
Home of Kings county. The money herein directed to be paici
to the treasurer of said Inebriates’ Home, shall be so paid ha
�81
the treasurer of said Excise Board within thirty days after the
receipt thereof by such board; which money shall be applied to
the founding and maintenance of such Inebriates’ Home, and
for no other purpose.
CHAPTER 889.
AN ACT providing for the application of moneys hereafter
collected in the Metropolitan Excise District for certain fines
and from licenses for the sale of liquors. Passed May 10th,
1867, three-fifths being present.
The People of the State of New York, represented in Senate and
Aseembly, do enact as follows:
Section- 1. From and after the first day of May, one thousand
eight hundred and sixty-seven, the Treasurer of the Metropoli
tan Board of Excise shall pay over all sums received by him for ^’“nen
licenses and fines, as follows :
ln BrooklynAll such sums as are received for licenses granted in the city
of Brooklyn, and for fines imposed for offences in said city, to
the Commissioners of the Sinking Fund of the city of Brooklyn, In Plichmond
to be applied by them without deduction to the extinction of countythe debt of said city; all such sums as may be received from
the towns in the county of Richmond to the Commissioner of
Common Schools in said county, to be by him apportioned
among the several school districts in said county, rateably in Jn country
proportion to the number of scholars attending school in each, towns of
and applied for the maintenance of the schools, and the erection
and improvement of school buildings therein respectively; in
the towns of Kings county, except the city of Brooklyn, to the
Commissioner of Schools, the money received from each town
to be apportioned by him among the several school districts in in Queens
such town, in proportion to the number of scholars attending countyschool in each district, and applied for school purposes ; and in
th© towns of Queens county to the highest officer having the
general charge of schools in said county, to be by him distrib- Dedustions,
uted in like proportion among the towns from which it is re
ll
�82
ceived, and to be applied for like purposes. But before payingover such sums the said treasurer shall deduct the proper pro
portion of the expenses of said board, and the ten per cent, now
provided by law to be paid to the State Inebriate Asylum. He
shall also deduct from the sums received from Brooklyn any
sum now provided by law to be paid to the Inebriates’ Home.
§ 2. This act shall take effect immediately.
CHAPTER 926.
License fees
and tines in
New Utrecht to
go to schools.
AN ACT appropriating the excise fees and fines collected in
the town of New Utrecht, to the use of Common Schools in
that town. Passed May 16, 1867.
The People of the State of New York, represented in- Senate and
Assembly, do enact as follows:
Section 1. All license fees provided for by the act to regu
late the sale of intoxicating liquors within the Metropolitan Po
lice Department, of the State of New York, passed April sixteen,
eighteen hundred and sixty-six, and all fines therein provided
for which shall hereafter be received by the board of excise of
the said Metropolitan police district, from the town of New
Utrecht, in the County of Kings, shall, after deducting the ne
cessary expenses of collection and the amounts otherwise provid
ed by law, be paid over to the supervisor of the town, and shall
be applied by him to the payment of the wages of the teachers
of the different districts in proportion to the amount of scholars
in each district in the said town.
§ 2. This act shall take effect immediately.
�index
Page.
Abatement suits may be instituted
41
Abatement suits how tried...........
41
Abatement suits, claim for penalty
may be joined with.... .......
44
Abatement suits, motion for new
trial in,....................................
44
Abating nuisances, liability for ex
penses of.................................
40
Absence, deductions lrom sala
ries for......................................
5, 37
Access to be permitted.................
63
Accidents, prevention of..............
36
Act, when to take effect.............. 29, 37, 5S,
59, 66, 69
77
Action for damages, Board liable to
48
Action for damages, when to be
brought....................................
4S
Action for damages, what recov
ered in......................................
4S
Actions not to abate......................
33
Adjourned meetings, no deduc
tions for absence from............
37
Advertising by unlicensed persons
75
Affidavit of expense of executing
orders...............
53
Agents, name of, to be posted....
63
Agents, service on........................
39, 63
Agents of Board not personally
liable........................................
47
Air-shafts in small rooms............
65
Aidermen, powers of President oi,
conferred on new Board.........
9, 34
Alley, removal of articles from,
may be ordered.......................
13
Amendment to be allowed..........
41
Amount to be expended annually
25, 52
Amount to be borrowed................
49
Amusements, places of, may be re
quired to report... . ................
22
Animals not to be kept in tene
ment houses............................
62
Answer in suit for rent...............
57
Appeal, action for liability on....
48
Appeal, when to stay e.vecution..
43
Appeal, when to be taken............
43
Appeal without security..............
43
Appeal, undertaking not needed on
67
Appeal to court ot appeals..........
44
Application for license, contents
ot...............................................
73
Appointment. Secretary ol State to
give certificates of...................
4
Apportionment of expenses of
Board....................................
25
Apportionment of expenses of ex
ecuting orders........................
53
Apprentices, sales to...................
74
Arrests. Board may order ..........
16
Arrests, effect of order of..............
16
Arrests, justices and magistrates
th Order....................................
31
Arrests, policemen and constables
k to make....................................
31
Arrests,undertaking not needed on
Arrests without warrant..............
Arrested, who may be...................
Arrested persons, how treated....
Ashes, receptacles for...................
Assignee may institute suits.......
Assistant aldermen,powers of pres
ident of, conferred on new
Board.....................................
Assistant Sanitary Superinten
dents, two may be appointed.
Assislant Sanitary Superintend
ents, one in Brooklyn............
Assistant Sanitary Superintend
ents, duties of.........................
Assistant Sanitary Superintend
ent, salary of.’..........................
Assistant Sanitary Superintend
ents, may administer oatfhs.. .
Asylums may be required to report
Attendance of witnesses compelled
Attorneys, Board to employ.........
Authenticate papers, Ac., Secre1 ary to......................................
Authority of Board presumed....
Page.
67
75
16
16
65
15, 55
9,34
8
8
8
8, 52
16
22
50, 76
9, 75
6
16
Badge may be provided...............
21
Badge, wrongfully wearing, a mis
demeanor .................................
21
Bedding may be cleaned or des
troyed ......................................
63
Births, powers as to.......................
11
Births, acts as to, extended
throughout district.
11
Births, false returns of.
49
Births, publish information as to
23
Births, penalty for omission to
keep registry of, and to repoit
12
Births, statistics of, to be reported
19
Births, whom to be reported by..
12
Births, what report of to contain.
12
“Board” or “said Board,” mean
ing of........................................
3
Board, authority of, presumed...
16
Board, first meeting of.................
5
Board, funds of......................................
23
Board, health officers and quaran
tine commissioners to co-op
erate..........................................
17
Board, how constituted.................
3
Board, how papers served on.......
48
Board, how sued............................
48
Board, injunction against............
48
Board liable to action....................
48
Board may borrow........................
27, 49
Board may order what done.........
12
Board may procure offices............
9
Board may make proper expendi
tures.........................................
9
Board may modify order..............
13, 37
Board may modify tenement act..
66
Board may confer power on presi
dent to suspend or modify
order .......................................
37
�84
Page.
Boai d may execute orders............
14
Board may order arrest................
16
Board, members of may adminis
ter oaths. ................................
16
Board, members of, not personally
liable........................................
47
Board not to make returns...........
23
Board, powers ot............................ 7. 8, 9,10,
11, 12, 13
30, 33, 36
37, 41, 51
Board, powers of existing officers
conferred on............................
9
Board, powers of City In.pector
given to...................................
11
Board, powers of. to borrow.........
27, 49
Board, authority of, presumed ..
16
Board, removal of members of....
7
Board, rent ordered paid to..........
46
Board, right of members of, to en
terbuildings............................
21
Board, salaries of............................
5
Board to employ clerks and ser
vants ........................................
9
Board to employ attorneys...........
9, 75
Board to gi\ e information............
17, 18
Board to keep record of acts.........
19
Board to keep record of execution
of orders...................................
19
Board to pay (torn funds expenses
incurred in good faith............
47
Board to report to Governor an
nually ......................................
19
Board to regulate booths on walks
40, 69
‘•Board of police,” meaning of...
4
Board of police to execute orders
14,19
Board of police may employ per
sons and incur expenses.........
14, 19
Board of police, authority of, in ex
ecuting orders........................
14,19
Board of police may let rooms to
Board of health........................
9
Board of police, powers of, as to
sanitary matters given to new
Board................. 7....................
14
Board of health, existing powers
of, conferred on new Board....
9, 34
Board, croton aqueduct, not interferredwith................
10,35
Board of estimate, how constituted
24
Board of excise, authentication of
records of..................
53
Board of excise, compensation of.
52
Board of excise, dismissal of offi
cers of.. . ..................................
52
Board of excise, duties of Secre
tary of......................................
52
Board of excise, meetings of.......
52
Board of excise, powers of............
72, 76
Board of excise, quorum of.........
52, 78
Board of excise, report of..............
53
Board of excise, seal of.................
52
Board of excise, suits against.......
48
Boards of supervisors to raise and
collect money..........................
26
Body, burial or removal of, may be
ordered......................................
52
Bond to discharge lien..................
42
Books, Secretary to keep..............
6
Books, Treasurer to keep..............
6
Books, production of, compelled..
7, 17
Books, &c., City Inspector to sur
render......................................
11
Booths on walks.............................
40, 69
Borrow, power of board to............
27, 49
Bribe, penalty for receiving.........
50
Brook.yn, excise moneys tn.........
80, SI
Brooklyn, one assistant sanitary
superintendent in...................
8
Brooklyn, one of sanitary com
missioners must reside in...,
3
PafM
Brooklyn, penalties given to au
thorities of, enforced by board
Brooklyn Sewerage Commission
ers, power of, over sunken lots
Buildings, infected or out of re
pair, ordered vacated..............
Buildings, when a nuisance..........
Buildings on same lot, distances
between....................................
Buildings, expense of executing
orders a lien on......................
Buildings, public, may be inspect
ed /. ..........................................
Buildings, public, plans of to be
exhibited.................................
Buildings, removal of articles from
may be ordered.....................
Buildings, repair of, may be or
dered ........................................
Buildings, when may be declared
nuisance...................................
Buildings, when may be declared
dangerous or detrimental.......
“Burthensome” substituted for
stringent...................................
By Laws to be enacted.................
By-Laws may be altered..............
49
67.68
63
39
64
50
21
21
13
36
]2
13
49
20, 30
20, 80
Cattle not to pass over sidewalk..
67
Cattle drivin.. regulation of.........
66, 67
Cellar, definition of.......................
66
Cellar, drainage of ........................
61
Cellar, floor of, to be kept tight....
65
Cellar, how constructed...............
61
Cellar, rules as to, may be modi
fied ...........................................
66
Cellar, ventilation of.....................
61
Cellar, when permit required ror..
61, 62
Cellar, when a nuisance................
40
Certificates may be issued for
27
loans. ..•.................................
27
Cesspools, how constructed..........
60
Cesspools, when allowed...............
60
Charities and Corrections, Com
missioners of............................
78
Chief Clerk.....................................
38
Chimneys to every floor................
65
City Inspector’s department abol
ished.........................................
23
City Inspector, powers of, given to
Board........................................
9,11
City Inspector, powers of, in street
cleaning commission given to
president..................................
5
City Inspector to surrender books,
&c ...........................................
11
Clean, every one’s duty to...........
15
Cleaned, what may be ordered....
13
Cleaning streets, appropriation for
70
Cleaning streets, expense a lien
on compensation for..............
15
Cleanliness of markets, powers
over...........................................
36, 40
Clerks, Board to employ................
9
Clerk, Chief...................................
38
Clerks of courts, fees not to he
charged by...............................
33
Code of health ordinances to be
published................................. 30, 30, 4$
Code of health ordinances, when
to take effect...........................
20, 30
Code of health ordinances, penal
ties for not complying with..
31
Code of health ordinances, how
designated.............................
49
Code of health ordinances, what to
embrace....................................
49
Code of ordinances to be prepared.
57
Code of procedure, change in, not
to affect abatement suits.......
44
Collections, how credited..............
26
�85
Page 1
Commissioners may administer
' oaths.............................................
Commissioners, removal of...........
Commissioners, right to enter buil
dings ............................................
Commissioners, where less than
flve..........?...................................
Commissioners, sanitary, who are.
Commissioners, sanitary, how ap
pointed ........................................
Commissioners, sanitary, one must
reside in Brooklyn.................
Commissioners, sanitary, succes
sors of. how appointed.............
Commissioners, sanitary, three
must be physiciins.................
Commission's, sanitary, salaries
of...................................................
Commissioners, sanitary, terms of
office .. ........................................
Commissioners, sanitary, draw
lots for term..............................
Commissioners, sanitary, take and
file oath........................................
Commissioners, sanitary, hold no
other office.................................
Commissioners, sai.itary, not de
clining nomination, vacate of
fice ................................................
Commissioners, health, powers of,
conferred on new board............
Commissioners of excise, salaries
of...................................................
Commissioners of police, members
of Board......................................
Commissioners of police, salaries
as members of Board...............
Commissioners of quarantine, in
formation to be given to..........
Commissioners of quarantine to
give information........................
Commissioner, street, not inter
fered with....................................
Common Council, powers of, con
ferred on new Board.................
Common law liability reserved..
Compensation, how forfeited.. ...
Compensation not to be paid to
health officers............................
Compensation, expense a lien on„
Compensation, suit to recover back
Complaint, arrests to be made on.
Compla!nts to be investigated ...
Complaint book to be kept............
Comptroller not to be interfered
with..............................................
Comptroller of State to approve
Treasurer's bonds.....................
Constables to make arrests..........
Contagious disease, persons sick
with, may be removed..........
Contract for street cleaning not
affected........................................
Contribution, liability to..............
Conviction forfeits license...........
Coroners, powers over.................... Corresponding Secretary may be
appointed....................................
Corresponding Secretary, salary of
Costs, when recovered.....................
Costs, amount of................................
Costs against Board in suits for
rent...............................................
Costs in abatement suits account
ed for............................................
Costs, separate executions for ...
Costs, when to be paid... . ..............
Court in which suits may be bro't.
Court may grant injunction.........
Court may order rent paid to Board
Court may order speedy trial.......
Court, preference in.......................
Courts to act promptly...................
16 Court, fees not to be charged by..
7 Couits not to lose jurisdiction by
plea of real estate......................
21 County to bear expenses incurred
I
for.................................................
Croton aqueduct board notinter3, *
fered with...................................
3 I Damages. Board liable to action for
Damages, limit of recovery —.....
3 Dangerous or detrimental to life or
j
health, what may be.................
4 j Date of erections, owner to prove..
Deaths, duty to gather and preserve
3|
factsasto......................................
i Dead body ordered removed or
5|
buried............................................
Death, false report of.........................
4 Deaths, next of kin to report...........
i Deaths, penalty for omission to
4
keep registry of.........................
Deaths, publish information as to
4 Deaths, powers as to.........................
j Deaths, acts as to, extended
7j
throughout district..................
s Deaths, statistics of. to be reported
! Deaths, whom to be reported by..
7 Defect of parties, suits not dis5
missed for...................................
9.34 Defendants, who to be, in actions
under the tenement acts_____
52 . Demand of rent gives lien..............
i Disease, duty to gather and pre3I
serve facts as to.........................
| Disease, persons sick with, be re5]
moved....................... ..... .............
’ Disinfected, what may be ordered..
17 > Disinfection, gratuitous, may be
i
provided.......................................
17 Dispensaries may be required to re1
port.................................................
10, 35 ' Dispossession forbidden when rent
|
jiaid to treasurer.........................
9, 34 I “ District” or ‘"said District,” mean’ 40 '
ing of............................................
50 District, sanitary superintendent
must reside in_
______ _______
23 District, sanitary, what it embraces
15, 54 Drainage, duly to provide for..........
56 ' Drainage of marke ts, powers ov« r..
31 | Drugs, deleterious, adulterated or
211
poisonous, powers as lo .........
21 i Duties of officers of institutions, ic.
Page.
29
33
33
26
0,35
48
48
13
65
19
51.52
49
12
12
23
11
11
19
12
41
65
54
19
18,39
13
IS •
09
55
3
3
16.40
36.40
22
22
11,35 I Elect’on day, no sales on.................
73
21
I Engineer, sanitary.................... —
6 i Engineering, amounts to be expend31 [
cd for ?.......................................
22
I Erection or conversion, owner to
65
IS I
prove date of...............................
24
I Estimate, Board of, how corstitute.1
24.26
6 [ Estimate, Board of, duties of...........
25
151 Estimate, what to contain.... ...........
29
75 I Evidence, records as.........................
51I Examination, what application for
17
I
to contain..................................
17,18
Examination, how enforced.............
16
Examination, judge may order........
17
Examinations, how taken.................
24
Examinations, power of judge as to
17
Examination, service of order for..
48
Excise Board. designation of..........
Excise Board, expenses of............... 6, SO, SI
72
41 Excise Board, how constituted____
48
45 Excise Board, injunction against,...
52
33 Excise Board, meetings of..............
52
Excise Board, officers of.................
41
74,76
46 Excise Board, powers o£........ ..........
52,78
46 Excise Board, quorum of____ . -__
53
47 Excise Board, records of..................
53
67 Excise Board, report by........... ........
�86
Excise Board, salary of Treasurer..
Excise Board, seal of.....................
Excise Board, Secretary of.............
Excise, Inspector of...................
Excise moneys appropriation of....
Excise moneys in New York..........
Excise moneys in Brooklyn,..........
Excise moneys in Kings county ...
Excise moneys in New Utrecht......
Excise moneys in Queens county...
Excise moneys in Richmond county
Excise moneys, salaries to be paid
from..........................................
Execution, againstwhom..............
Execution, by whomissued..........
Execution, when and for what is
sued ..........................................
Execution of orders, statement of
expense of...............................
Execution ot judgment, when
statement of expense of.......
Execution of judgment., when
statement of, final...................
Executive officer, chief, must be
physician...............................
Executive officer, must reside in
district .......
Expenditures, proper, Board may
make.........................................
Expenditures,extraordinary, when
Expense of abating nuisance, lia
bility for..........................................
Expense of abating nuisance ap
portioned in judgment...........
Expense of abating nuisance,state
ment of to bo tiled...................
Expense of abating nuisance re
covered when advanced.........
Expense of abating nuisance, what
not stated in finding.......... ....
Expense of executing orders, ag’st
whom a charge........ ................ _
Expense of executing orders, alien 15,
Expense of executing orders to be
apportioned..............................
Expense of execut ing orders, state
ment to be filed.......................
Expenses for 1866..........................
Expenses to be reported................
Expenses, how apportioned.........
Expenses incurred in good faith to
be paid lrom funds of Board..
Expenses, what not included in
limitation of............................
Expenses, amount of, which may
be incurred.............................
Expenses of Board of Excise....... 76,
Page.
80
52
52
72
76
7S,79
81
80,81
82
81
81
52
45
45
45
53
44
44
7
7
?
18
42
44
47
47
_ 15
50, 54
53
53
25
20
25
47
47
25, 52
80, 81
Facts and proofs may be presented
13
False report, penalty for................
49
Fees for licenses, disposition of.... 76, 78, 79
80, 81, 82
Fees not to be taken........................ 10, 12, 35
Fees not to be charged by courts,
magistrates or clerks ...........
33
Filed, papers to be. on discharging
lien......................................................... 42
Filed, statement of expense of ex
ecuting judgment to be........ .
*14
Fines may be imposed for neglect
of duty.....................................
Fines on conviction......................
Fines, payment of, howenforced.
Fines paid over to treasurer.........
Fines, reports of, to be made........
Fire escape............................... ...
Floors of cellars to be tight..........
Food, powers as to........................
Front and rear buildings, distance
between...................................
80, 81, S3
9
31
31
31
31
59
65
22
64
Funds paid into State Treasury....
Funds, bow drawn and paid............
Falcon market stalls not removed..
Garbage, receptacle for, to be pro
vided.................................
Goats in tenement houses..............
Governor, approval of, necessary to
borrowing.................................
Governor has power to remove ...
Governor to approve exercise of ex
traordinary powers..................
Governor to appoint Sanitary Com
mission ....................................
Grounds, removal of articles from,
may be ordered.......................
Ground, duty of those who have un
dertaken to clean.....................
Ground, when maybe declared dan
gerous or detrimental...............
Page,
23
23
40
62
63
27
7
18
3,4
13
15
13
Halls, ventilation in.......................
59
Halls, open at ends........ .................
65
Health Board, designation of..........
48
Health Board, injunction against...
48
Health, Board of, how constituted..
3
Health, Board of, may institute
suits.................................. 15. 31, 32,41, 65
Health, duty to enforce laws relat
ing to.......................................
Health,duty to gather and preserve
19
40 facts as to..................................
57
Health laws to be codified..............
Health, what is dangerous to, to be
12
declared a nuisance...................
Health, what may be declared dan
13
gerous or detrimental to.........
Health ordinances, code of, to be
20, 30
published.................................
Health ordinances, code of, when
to take effect............................ 20, 30,47
Health ordinances, code of, i-en31
alty for not complying with. .
Health, powers of existing Boards
9, 34
conferred on new Board..........
Health Commissioner, powers of,
9,34
conferred on new Board..........
Health Officer of Port of New Yoik,
3
a member of Board................. .
Health Officer, authority of not af
18
fected ......................................
49
Health ordinances, code, of............
Health ordinances, code of, what to
49
embrace....................................
Health Officer, salary of, as member
5
of Board...................................
Health Officer, information to be
IT
gi ven to.............................. ■ ■ •
17
Health Officer to give information.
17
Health Officer to co-operate............
Health Officer, power of, conferred
9, 34
on new- Board...........................
Health Officers to communicate re
19
ports ........................................
Health Officers to communicate in
19
formation....................... ..........
Health Officers not to be created or
employed by municipal authori
11
ties ...........................................
Hearing, parties applying for, to
13
have...,......................• -•••••
Hearing, speedy, to be given in
47
courts.......................................
61
Height of rooms............................
62
Horse in tenement bouse.................
22
Hospitals may be required to report
74
Hotels on Sundays..........................
36
Houses, repair of, may be ordered..
impending pestilence............... .
13, IS
Inebriate Asylum,State, license fees
to............................................... 76,79, SO,82
�87
Page.
18
Inebriate Asylum in New York....
50
Inebriates’ Home, in King s County
89
Infectious diseases, poweis as to...
Infirmaries may be required to re
22
port...........................................
75
Informer under excise law.............
40, 47
injunction in abatement suits.........
injunction in abatement suits with
46
out undertaking ......................
Injunction in abatement suits, action
48
for damages on..........................
48
Injunction ag’stBoard.lioW granted
51
Inquests, duties of coroners as to...
Inspections, result of, may be pub
21
lished ........................................
8
Inspectors, Sanitary, bow many...
8
Inspectors, Sanitary, duties of......
8, 52
Inspectors, Sanitary, salaries oi....
• 49
Inspectors, Sanitary, false report by
S
Inspectors, ten to be physicians....
Inspectors; those not physicians to
8
be selected for qualifications....
21
Inspectors, right to enter...............
52
Snspectois, Assistant Sanitary.......
inspector, City, powers of, given
Board........................................ 9,11, 34
Inspector, C,ty, to surrender books,
11
etc........................................... •
institutions, reports may be requir
22
ed irom ....................................
76
Intoxicated persons, when arrested
72
Intoxicating liquors, act to regulate
76
Intoxication, punishment for.......
Intoxication, disposition of fines for 77, 79, 80
81, 82
Issues, how settled, and tried in
41
abatement suits.......................
Page.
Lessees, expense of executing or
ders, a charge against................
15
Lessee, duty of. to place and keep in
safe condition............................
15
Lessees may be ordered to pay rent
to Board....................................
46
Lessees to pay rent to treasurer....
55
Lessees, duty of. under tenement act 60, 62, 63
Lessees, when liable to penally.......
65
Lessees to be made defendants........
65
Liability incurred in good faith to
be paid......................................
47
License to scavengers......................
36
License io sell liquors.....................
72
License, to whom granted.. ..........
72
License, what allowed by................
72
License, how long to run.................
72
License, rate of................................
73
License, form of...............................
73
License, to be posted......................
73
License, application for.................
73
License fees, disposition of............. 76, 78, 79
80, 81,82
Licenses, record of, to be kept........
73
Licenses, forfeited by conviction...
75
Licenses, when revoked..................
76
Licensed persons to preserve order.
74
Lien, expense of e^eijuting orders..
50
Lien, effect of filing notice of..........
51
Lien, how enforced...........................
51
Lien, how long to continue............
5L
Lien, notice of, to be filed................
50
Lien, priority of..............................
50
Lien, when valid............
50
Lien in abatement suits.................
42
Lien on rent....................................
54
Lien on compensation for cleaning.
54
Lien on rent, how made effectual....
54
Life, what is dangerous to, is a
nuisance...................................
12, 39
Life, what may be declared danger
ous or detrimental to................
13
Light, want of, is a nuisance...........
_ 40
Limit of expenses..........................
25,52
Limit of expenses, what not to be
included in................................
47
Limit of time to sue for rent...........
56
Liquors, intoxicating, act to regu
late.............................................
72
Loans, ceitificates.may be issued for
27
“ Lodging-house,” definition of.......
66
Lodging-house, orders may be
served on agent of................
39,63
Judge may order production of
17
books........................................
18
Judge may order examination........
46
■Judge, may grant injunction..........
46
Judge may order rent paid to Board
42
Judge, when may discharge lien....
43
•Judge, when may order stay..........
judge, ruling of, as to statement
45
final............................... ...........
Judgment, in abatement suit, how
41
settled.....................................
Judgment in abatement suits, what
to contain................... _.............. 42, 44, 46
Judgment in abatement suits,execu
tion of................... •••■•;..........
Judgment, in abatement, suits, to
42 Magistrates, duty of, under excise
state on what it is a lien.........
law...........................................
■Judgment, when statement of ex
44 Magistrates to order arrest..............
pense to be final.....................
Magistrates, fees not to be charged
Judgment, statement of expenses of
44
"by...................................... .......
executing to be filed.... ...........
47 Mail, service of orders through.......
Judgment, injunction in................
47 Maps may be copied........................
■Judgment against Board to be paid
51 Markets, regulation and control of,
■Judgment in lien cases...................
given to Board...................
54
^Judgment in actions for penalty...
31 Markets, new, plans for to be pre
Jurisdiction of actions to be taken .
pared.........................................
31
■Justice to order arrest....................
Markets, Fulton and Washington..
Justices to take jurisdictions of ac
31 Marriage, false return of................
tions..........................................
Marriages, power as to...................
Keeper of lodging-house, duty of.. 62, 63, 65 Marriages, acts as to, extended
throughout district...................
80, 81
King's County, excise money in....
Marriages^statistics of, to be reported
Marshals, police have power of.....
Land expense of executing orders,
50 " Matter,” meaning of......................
* lien on ..................................
57 Mayor of New York, powers of, con
Laws to be codified..........................
ferred on new Board.................
Kjtaws and Ordinances relative to
Mayor of New York, powers as to
Preservation of Public Health,”
weights and measures, given to
authority conferred by, given to
9,35 Mayor and Common Council, pow
Board........................................
ers of, conferred on new Board.,
Laws relating to health, duty to en
22 Mayor and Commission’rs of Health,
force .........................................
powers of, conferred on new
20
Legislation to be suggested...........
Board........................................
14
Lessees, orders may be served on..
75, 76
81
33
14
21
36,40
41
40
49
11
11
19
83
4
9, 34
11
9, 34
9, 84
�88
Meaning of terms...........................
Measures and weights, powers as
to, given to Mayor ofNew York
Medical relief to poor may be pro
vided.........................................
Medicines, power as to..................
Meetings, regular and special, when
held .. .. ....................................
Meetings, notice of........................
Meetings, taken to be regular in all
proceedings...............................
Members of Boa'd, salaries of........
Membeis of Board, removal of. ....
Members of Board, right to enter..
Membeis of Board may administer
oaths.........................................
Members not personally liable. ...
Members summarily examined......
“ Metropolitan Board of Health,” the
name of the health board.........
“Metropolitan Board of Excise,” the
name of the excise board.........
Midnight, liquor shops closed at....
Minors, sales of liquor to............
Minutes, papers filed deemed enter
ed in...........................................
Misapplicationolfundsinquired into
Misdemeanor, parties arrested to be
treated as for.............................
Misdemeanor under health act, what
is.......................... '.................... 2S,
Misdemeanor under excise law
Misdemeanor under tenement act...
Money borrowed a charge..............
Motion for new trial in abatement
suits..........................................
Municipal authorities not to inter
fere ..........................................
Municipal authoiiiies not create or
employ health officers or incur
expenses...........................
Page.
3,4
11
18,39
22
22
22, 52
22
5,52
7
21
16
47
24
48
48
74
74
33
24
16
32, 50
75
65
27
44
11
11
Pagel
Occupants, duty of, under tenement
act.............................................
fit), 65
Officers, not personally liable.........
47
Officers, false reports by.................
49
Officers, dismissal of......................
6, 52
Officers, names of, to be reported...
19
Officers, pretending to be, a misde
meanor ......................................
21
Officers, Board may procure...........
9
Omission, ■willful, to obey order, a
misdemeanor............................. 28. 82, 53
Order may be reaffirmed, modified,
or rescinded.............................
13, 37
Order, special or general, penalty for
not complying with.................
82, 53
Order, power may be conferred on
President to suspend or modify
37
Order not to be modified so as to be
more stringent..........................
37
Orders, mode of serving.................
13, 14
39, 68
Orders, against whom expense of,
is a charge.................................
1§
Orders, obstructing execution of, a
misdemeanor............................ 28 82, 53
Ordets, violating, a misdemeanor.. 28. 32, 53
Orders, suspension or modification
of, on application......................
18,37
Orders presumed to be authorized...
22
Orders, expense of executing, a lien
50, 54
Orders, apportionment of expense of
executing..................................
53
Orders, statement of expensed exe
cuting ......................................
53
Orders, authority of Board in execu
ting...........................................
19
Ordinances, amended, to be publish
ed ..............................................
30, 49
Ordinance s, duty of police to en
force .........................................
19. 88
Ordinances, code of, to be published 20, 30, 49
Ordinances, code of, when to take
effect......................................... 20,30,49
Ordinances, penalty lor not comply
ing with... ................................ 20, 2S, 31
32, 53
Ordinances, sanitary......................
49
Ordinances a codification to be sub
mitted to the Legislature.......
57
Owner, duty of, to place and keep in
safe condition................. .......
15
Owners, orders served on............... 13,14, 63
Owners.expense of executing orders,
a charge against........................
15
Owners, duty' of, under tenement
act............................................. 60, 62, 63
Owners, names of to be posted.......
68
Owners to prove date of erection..
65
Owner, prim a facie liable.............
65
65
Owners to be made defendants........
Name of Board...............................
4S
Name of owner or agent of tene
ment house to be post 'd..........
63
Name of officers and agents to be re
ported .......................................
19
New York, trial not to be had in,
without notice..........................
31
New York, excise moneys in........
78, 79
New York, penalties given to local
authorities in.,..........................
49
New Utrecht, excise moneys in...
82
New trial, when motion for enter
tained........................................
44
Nextofkin toreportbirihs and deaths
12
Notice of lien, where filed..............
50
Notice of lien, effect of........ .......... 50, 51,54
Notice of payment of rent to treas
urer ..........................................
56
Nuisance defined.............................
39
Papers filed deemed entered on
Nuisance, liability for expense of
83
minutes....................................
abating......................................
40
33
Nuisance, suits to abate..................
41 Papers, how served........................
12
Parents to report births.................
Nuisance, common law right as to
Parties to suits .............................. 15. 2S, 32
reserved..........................................
41
56
Nuisances, abating..........................
36 Parties to suits for recovery of rent
65
Nuisances, Board may declare.......
13 Parties to suits under tenement act
Part owner, duty of, to place and
keep in safe condition..............
15
Oath, Sanitary Commissioners to
take and file.............................
4 Penalty for violations...................... 20, 28, 31
32
Oaths, who may administer...........
16
Penalty for not complying with reg
Obstructing execution of orders a
ulations, Ac.............................
20, 32
misdemeanor............................
28, 32
Penalty, minimum, under health
Obstructions on streets and walks,
law............................................
38
removal of.................................
36, 40
Penalty, judge to fix.......................
Occupant,duty of, to place, and keep
38
in safe condition.......................
15 Penalty, claim for, joined in abate
44
ment suit ................................
Occupants, orders may be served on
14
45
Penalty, separate execution for ...
Occupants, expense of executing or
ders a charge against................
15 Penalty, claim for, joined in suit for
53
expenses...................................
Occupants to pay rent to Board....
46, 55
�89
Page
Penalty, claim for, may be assigned
53
Penally, judgment in action for....
54
Penalty, when recovered back by
landlord....................................
56
Penalty under tenement act...........
65
Penalty under excise act..................
75
Penalties, certain, to be sued for...
49
Peril, in case of, no limit as to ex
pense.........................................
25
Peril of pestilence, powers given in
13, 18
Perjury, wiiatis. .............................
16
Persons interested, duty of. to place
and keep in safe condition.......
15
Persons interested, orders served on
39
Personating an officer, a misde
meanor......................................
21
Pestilence, impending....................
18
Pestilence, when peril of, exists,ad
ditional power given.................
13.18
Pestilential diseases, powers as to..
39
Physician, chief executive officer,
must be....................................
7
Physicians, ten of inspectors, must
be...............................................
S
Physicians, three of Sanita’y Com
missioners, must be.......... ...
3
Physician, resident, powers of, con
ferred on new Board................
9, 34
Pigs in tenement houses.............
62
Pigs, driving....................................
66
Pipe,when may be declared danger
ous or detrimental...................
13
*• Place,” meaning of......................
4
Place of business, service of orders,
by copy left at..........................
14
Places of resort may be required to
report........................................
22
Plans may be copied.......................
21
“Police Commissioners,” meaning
<>f............................................. 4
| Police.” meaning of......................
Police Commissioners, members of
4
Board......................
3
Police Commissioners, salariesof.
5,52
Police Board to report danger to
health........................................
IS
Police Board may let rooms to
Board of Health........................
9
Police Board and Board of Health
to co operate.............................
IS
Police Board to execute orders.......
19
Police Board may employ persons
and incur expenses...................
19
Police Board, injunction against....
48
Police Board to build telegraphs...
58
Police Board to detail surgeons....
58
Police Board to dismiss surgeons..
58
Police to report violations..............
IS, 3S
Police to enforce excise law............
75
B’olice to arrest without warrant...
75
Police may close liquor shops.........
75
Policemen may serve process and
papers.......................................
33
Policemen to make arrests............
31
Police justice to order arrest .........
31
Poor, medical relief for, may be
provided...................................
IS, 39
Port of New York, health officer of,
a member of Board...................
3
Power of Board, what included in.. 7, 8, 9, 10
11, 12, 13
36, 39, 40
11, Ml
Powers of Board, how exercised...
Mower given by any law relative to
health to be exercised...............
Powers of City Inspector given to
Board........................................
Preference in courts........................
Resident to be elected annually.. .
President faAe a member of Board.
President, duties of.........................
9
10.34
11
67
5
5
5
Page.
President may’ appoint Secretary’
pro tern.....................................
President pro tein. may be elected.
President, power may be conferred
on, to suspend or modify' ■ rder
President has powers of City In
spector on street cleaning com
mission .....................................
President, process may be served on
President of the Bo .rd of Alccrmen, powers of, conferred on
new Board...............................
Premises, when may be declared a
nuisance....................................
Premises, when may be declared
dangerous or detrimental.........
Prevention of accidents...................
Privies required............
Privies, how fitted................... ...
Privies,number of..........................
Privies connected with sewer........
Persons may be required to report
Proceedings presumed to be au
thorized....................................
Proceedings to be regarded as ju
dicial and legal........................
Process, how served,.....................
Proclamation of peril.....................
Production of books, judge may’ or
der.............................................
Proofs, how taken..........................
Prosecuting officers to act promptly
Prosecutions, before whom....... 28. . 31,
Purified, what may be ordered....
Pursuits, when may be declared a
nuisance, &c............................
Quarantine, Commissioners of,
to give and receive informa
tion ...........................................
Quarantine, Commissioners of, to
co-operate.................................
Quarantine, permits to visit ves
sels at.......................................
Queens county, excise moneys in.
Quorum of Board of Excise..........
Quorum of Board of Health..........
6
6, 38
37
5
4S
9, 34
12
13
36
61)
60
60
60
22
22
29
33,48
18
17
16
29
32. 76
14
12
17
17 ■
70
81
52,78
3
Rain water to be conducted from
roof,..........................................
59
Receipts and expenses to be repor?
ted..............................
.........
20
Records, Secretary to keep..........
6
Records, regulations as to............
23
Record of acts and execution of or
ders to be kept........................
19, 53
Record of licenses.........................
73
Records as evidence.......................
29,53
Records, facts stated in, presumed
true.. . . . . . . . . ...........................
29
Registry’ of births and deaths, pen
alty' for omission to keep.'....
12
Regulations to be enacted............ 20,22,30,49
Regulations may be altered.......... 20,22,30,49
Regulations as to records and proceedings...................................
23
Regulations, penalty for not com
20, 28
plying with................. .
31, 32, 53
Regulations, duty of police to en
19.38
force ................ 1........................
Regulations may be included in
49
code................... . ....................
59
Regulations to be prepared...........
Removal < f Commissioners, pro
7
ceedings for.............................
6. 52
Removal of officers, how effected..
18.39
Removal of sick authorized..........
Removal of obstructions on streets
36.40
and walks.................................
Removed, what may be. ordered... 14,36,40
46
Rent ordered paid to Board..........
�90
Page.
Kent paid to Board, how applied..
46
Kent, expenses a lien on..............
54
Kent, judgment a lien on..............
15, 54
Kent, how lien on. made effectual.
54
Kent, 1 ability fir, after demand..
55
Kent, suit for.................................
55
Kent, suit to recover back............
56
Kent, notice of payment of,to treas
urer........ . .................................
56
Repair of buildings may be orderi d
36
Repair, roof to be kept in..............
59
Repar, buildings out of, vacated.
63
Repeal, none by implication.........
57
Report to be made annually.........
19
Report may I e printed..................
20
Report of Board of Excise..............
53,76
Report, lalse, by inspector...............
49
Reports, to whom, to he sent..........
20
Report of birth and death, penalty
for omission to make...............
12
Reports from all persons.................
22
Reports may be required from insti
tutions, Ac.................................
22
Reports of trials to bo made to
Board........................................
31
Resisting order subjects to arrest..
16
Residence, service of orders by copy
left at....................................'.
14
Return, false, punishment for.........
49
Resident | liysician. powers of, con
ferred on new Board................
9,34
Revision, committee of, when to
meet................................
26
Revision, committee of, what to do
26
Revocation of licenses...........
76
Richmond County, excise money in
SI
Roof not to leak....................
59
Room, when declared dangerous or
detiimental....................
13
Rooms, height of...................
64
Rooms, ventilation of............
59,65
Rubbish, receptacles for........
62
Rule, penalty for nut complying
with..........................................
20 30
Rule may be altered........................ 20. 80, 49
Rules to be enacted........................ 20,30,49
Salary of Assistant Sanitary Super
intendents.................................
Salary of Assistant Sanitary In
spectors.....................................
Salary of Inspectors........................
Salary of Sanitary superintendent..
Salaiy of Secretary..........................
Salary of Treasurer........................
Salary not to be paid to health offi
cers............................................
Salaries, how paid............................
Salaries of members of Board;. __
Salaries, deductions from, for ab
sence....................... .................
Salaries not to be paid certain offi
cers...........................................
Sale of improper articles in markets
Sales of'iquor on credit..................
Sales to apprentices........................
Sales to drunkards..........................
Sales to wives. Ac............................
Sales without license......................
Sanitary Commissioners, who are..
Sanitary Commission! rs, how ap
pointed......................................
Sanitarv Commissioners, three must
be physicians............................
Sanitary Commissioners, one must
ie.-ide in Brooklyn...................
Sanitary Commis-ioners, term of
office..........................................
Sanitary Commissioners to draw
lots for term..............................
Sanitary Commissioners, take and
file oath....................................
S, 52
52
52
8,52
6
5, SO
10.84
5, 24
5,52
5,37
10,34
36
75
74
74
74
72
3,4
3,4
3
3
3,4
4
4
Sanitary Commissioners to be con
firmed by Senate......................
Sanitary Commissioners, salaries of
Sanitary Commissioners to hold no
other office...............................
Sanitary Commissioners not declin
ing nomination to office vacate
place..........................................
Sanitary condition, publish informa
tion as to...................................
Sanitary Jtistiict, what it embraces
Saniiaiy Engineer...........................
Sanitary engineering, amount to'bo
expended fo-............................
Sanitary Inspectors, 11jw many ...
Sanitary Inspectors, duties of...
.
*
Sanitary Inspectois, salaries of.......
Sanitary Inspectors, ten to be phy
sicians.......................................
Sanitary Inspectors, those not phy
sicians to be Selected for quali
fications....................................
Sanitary lnsp< clots to report.........
Sanitary Inspectors Assistant........
Sanitary Inspectors may be classi-
3,4
5152
7
7
21,23
3
21
S
52
Sanitary Ordinances, what code of,
49
to contain.................................
Sanitary regulations, penalty for not
complying with . .29, 28. 80. 31, 32, 38^53
7.8
Sanitaiy Superint udent, duties of.
8,52
Sanitary Superintendent, salary of.
8
Sanitary Superintendent, reports by
Sanitary Supiru teiident may ad
16
minister oaths..........................
Sanitary Superintendent, right to
21
ent r.........................................
Sanitary Superintendents, Assistant,
S
two may be appointed..........
Sanitary Superintendents, Assistant,
8
one in Brooklyn......................
Sanitary Superintendent, Assistant,
8
duli< s of....................................
Sanitaiy Superintendent, Assistant,
8
salary of....................................
36
Scavengers, licensing of.................
36
Scavengers, regulation of...............
22
Schools may be require d to report.
81,82
Schools, excise moneys to support ut’
6,52
Seal..................................................
’88
Seal, courts to take I oliee of..........
5
'Secretary to beappointed................ _
Secretary not to be a member of
5
Board..................... ................
5
Secretary hold office till removed..
6, 52
Secretary, duties of........................
Secretary to keep records, books,
6
and papers.... ........................
Secretary to conduct coirespond6
ence..........................................
Secretary to authenticate papers,
6
etc.............................................
. 6
Secretary, salary of..........................
6
Secretary, how removed................
16
Secretary may administer oaths....
5,6,38
Secretary
tern...........................
481
Secretary precess may be served on
5
Secretary. Corresponding, salary ot.
Secretary of State to give certificate
4
of appointment.........................
Security on appeal, Ac., board not
43,67
to give................................... •
Senate to confirm sanitary commis
sioners......................................
Servants, Board to employ.........
Servants. Board to fix salaries of...
Service of oiders...................... ...13,
Service of orders for examil atiotis.
Sirviceof process on Board............
Sewers, water closets to be connect
60
ed with..................................
60
Sewers, yards to be connected with
�91
Page.
Sew'i-rS, ■whffl may be declared dan
gerous or deliimentlll...............
31
getvi-rag--, when may be declared a
‘ nuisance.......................................
12
Sewerage, duly to provide for.........
la
Sewerage Commissioners, poweisas
to ponded walers........................
67,68
Sheep in t« neim-nt house.................
62
She-p. when driven...........................
67
Sheep not to pass on sidewalk........
67
Sick, removal of authorized............
18,39
Sick persons to be r< ported.............
63
Sickness, infoi mation as to, may be
publi bed.....................................
23
Sidewalks, removal of obstructions
on „................... ........................
36, 40
Sidewalks, cattle. &c.. on.................
67
Signs foi bidden to unlicensed per
sons...............................................
74
Sleeping moms, how ventilated....
59, 64
Small pox.persons s ck with remov
ed ..................................................
18
Soldiers’ Messenger Corps, stalls of.
69
Special Sessions, trial may be icmoved Io......................................
31
Stat sties of births, deaths and mar
riage . lobe report! d.................
19
Stairs to have bannisters.................
60
Stalls, market, not removed.............
40
Sta Is on sidewalks.............................
40.69
State luebriite Asylum..................76,79,80,82
Statement of expense to be filed ....
44
Statement of expense, not ce of fil
ling ..........................................
Stateim nt of exp-use. when final.
Stateim lit of exp. use. modifi- <1....
Statement of expense, part oi judg
ment..............................................
Statement of expei seof executing
orders............................................
Storage in ten- incut houses.............
Streets, appropriation for cleaning.
St:eels through which cattie driven
Streets,duty <>t those who have und< rtaken to clean.......................
Streets, removal of articles from,
may be ordered...........................
Street , r. moval of obstructions on
Street clean.ng, contract for, nut af
fected ............................................
Strei t cleaning, expt use a lien on
compensation for........................
Strei t cleaning, commission f.r, not
44
45
45
45
53
'62
70
67
15
15. 36
36, 40
6, 71
intern red with..............................
15
11
Street cleaning c •mmis-ion. p overs
cf City Inspector in given to
President......................................
5
Stre-1 coinmissim er. m t inlerlered
with..............................................
10,35
Structures, repair <■!, may be order
ed .................................................
36
Suits, Bo-rd may institute 31, 32. 33,41, 65,75
Sui’stoab te nuisances...................
41
Suits lor damages, when brought...
48
Suits fi r rent when may be brnu-ht
Suit to recover back rent.................
Suits, parties to............. 15, 16, 28, 32 44, 56,
Sums raised to be paid to Treasuier
of State.........................................
Snnken lots in Brooklyn.................
Sunday, no saiesof liquor on............
Suin'ay, liquor stores clos- d on....
Sunrise, liquor stores open at.........
Sup rintendeiit. sa- itary, is chief
executive i.fficer..........................
Superi nt- ndent, sanitary, must be
physician................ .'...................
Superintendent, sanitary, duties of
Superintendi-nt. sanitary, salary of.
Superintendent, assistant, may ad
minister oaths............................
55
56
65
27
67
73
74
74
7
7
8
8
16
Superintendent, right to enter........
Superintendent, assistant, right to
enter ............................................
Superintendent., two assistants may
be ap] ointed................................
Superintend nt, assistant sanitary,
one in Brooklyn.........................
Superintendent of unsafe buildings
not interfered with.....................
Snpervis -rs. B .-arils of, to raise and
col lpet money..............................
Supreme C- art, power of judge of,
on proc- edings to remove com
missioners.......................
Supreme Court, injunction by, only
Surface water ponded tn Brooklyn
Surgeons! police to detail.................
Surgeons, police may disini.~s..........
Surgeons of police to assist Board..
Surveys, right to make.....................
Telegraph, police may build............
Tenant to pay rent to Board............
Teiiat t, when made defendant........
Tenant, duty of to place and keep on
safe condition..............................
Tenants, oiaters may be served on..
Tenants, expense of executing orders, a charge against..................
Tenants liable under tenement act.
Tenement house, orders may be
set ved on agents of...................
Tenement house to be kept clean..
Tenement house may be cleansed or
Gismiected ..................................
Tenement bouse hereafter elected
requirements for.........................
‘■Tenement house,” definition of...
The .ti cs may be ja quired to report
‘•Thing,” m aningof... .................
Time within which orders are to bo
complied with......... ..................
Treasurer to be elected.....................
Treasurer to be a member of Board
Tr. asttrer. hold office till removed..
Treasurer, fines to be paid over to..
Treasurer,costs to be paid to...........
Treasurer, receipt of, a discharge..
Treasurer, rent to be paid to..........
Treasurer to deposit rent.................
Treasurer when liable to repay
rent................................................
Treasurer to obey board..................
Treasurer not personally liable....
Treasurer, salary of...........................
Tiea-urer, duties of...........................
Treasurer to deposit funds in bank
Treasurer to give bonds...................
Treasurer's bonds, moneys collected
on...................................................
Treasuier of State, sums raised to
be paid to....................................
Treasurer of State, regulations as to
payments by................................
Trial not to be had in New York
without notice...........................
Trials, reports of, to be made to
Boar J ...........................................
Trial may lie removed to Special
Sessions........................................
Trial, speedy, to be given..............
Tr.bunals to take j urisdiction of ac
tions..............................................
Undertaking in abatement suits...
Undertaking by board not required
Unlicensed persons, what may sell
Unlicensed person not to adv-rtise
Unsafe buildings, superintendent
not interfered with....................
Page.
21
21
8
8
11,35
26,39
7
47
67
58
58
58
21
58
46, 55
65
15
14
15
65
39,63
62
63
64
66
22
4
14
5
5
5
31
41
46,55
55
55
•
56
57
57
5,80
6
6
6
6
27
27
31
31
31
47
81,32
43
46,67
73
74
11,35
�Page.
Vacancies, bow filled.......................
4
Vacancies, appointees to, how long
to bool .....................................
4
Vacated, building may be ordered..
G3
Vaccination, gratuitous,may be pro
vided................................................
Ventilation of markets, powers
over .........................................
36, 40
Ventilation, duty to provide tor.. 15, 59, 64, 65
Ventilation, wanrto', a nuisance....
40
Ventilation < f sleeping rooms.......
59, 64
Ventilation in small rooms...........
65
Ventilation <>t cellar........................
61
Ventilation in hall..........................
59
VentilatOn, rules as to, may be
modified...................................
66
Vessels at quarantine, permits to
board.........................................
70
Vessels, when may be declared dan
gerous or detrimental..............
13
Violations, penalty for............ 20, 28, 31, 82
38, 53, 65, 75
Page,
Walks, removal of obstructions on.
36, 40
Walks, cattle, <te.. on.....................
67
Wa rant, a’rest without.................
75
Washington market, stalls around..
40
Water, ponded in Brooklyn ..........
67 I
18
Water in every teneiii'-iit house....
65
W at r closets required.................. ■.
60
Water closets, how fitted...............
60
Water closers connected with sewer
60
Water closets, numb r of................
60
Weights aid measures, poweis as to
given Mayor of New York....
11
Westchester county, money to be
raisedin..................................... #
39
Whitewashed, tenement houses
twire a year.............................
62
Windows, number and size of.......
64
W itnesses, attendance of, compelled 7, 50, 76
Yard to be connected with sewer..
Yar i to be graded...........................
Yard to be kept clean.....................
60
61
62
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Victorian Blogging
Description
An account of the resource
A collection of digitised nineteenth-century pamphlets from Conway Hall Library & Archives. This includes the Conway Tracts, Moncure Conway's personal pamphlet library; the Morris Tracts, donated to the library by Miss Morris in 1904; the National Secular Society's pamphlet library and others. The Conway Tracts were bound with additional ephemera, such as lecture programmes and handwritten notes.<br /><br />Please note that these digitised pamphlets have been edited to maximise the accuracy of the OCR, ensuring they are text searchable. If you would like to view un-edited, full-colour versions of any of our pamphlets, please email librarian@conwayhall.org.uk.<br /><br /><span><img src="http://www.heritagefund.org.uk/sites/default/files/media/attachments/TNLHLF_Colour_Logo_English_RGB_0_0.jpg" width="238" height="91" alt="TNLHLF_Colour_Logo_English_RGB_0_0.jpg" /></span>
Creator
An entity primarily responsible for making the resource
Conway Hall Library & Archives
Date
A point or period of time associated with an event in the lifecycle of the resource
2018
Publisher
An entity responsible for making the resource available
Conway Hall Ethical Society
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Original Format
The type of object, such as painting, sculpture, paper, photo, and additional data
Pamphlet
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Laws of the state of New York, relating to the Metropolitan Board of Health and to the Metropolitan Board of Excise, passed in 1866 & 1867
Creator
An entity primarily responsible for making the resource
Conway, Moncure Daniel [1832-1907.]
New York (State)
Description
An account of the resource
Place of publication: New York, N.Y.
Collation: 92 p. ; 24 cm.
Notes: Includes index. From the library of Dr Moncure Conway.
Publisher
An entity responsible for making the resource available
Bergen & Tripp, printers
Date
A point or period of time associated with an event in the lifecycle of the resource
1867
Identifier
An unambiguous reference to the resource within a given context
G5380
Subject
The topic of the resource
Health
Rights
Information about rights held in and over the resource
<img src="http://i.creativecommons.org/p/mark/1.0/88x31.png" alt="Public Domain Mark" /><br />This work (Laws of the state of New York, relating to the Metropolitan Board of Health and to the Metropolitan Board of Excise, passed in 1866 & 1867), identified by <a href="www.conwayhall.org.uk">Humanist Library and Archives</a>, is free of known copyright restrictions.
Format
The file format, physical medium, or dimensions of the resource
application/pdf
Type
The nature or genre of the resource
Text
Language
A language of the resource
English
Conway Tracts
Health
Legislation
New York
Taxation