Not to apply to certain waters. Common council to appoint board of health. office. Health officer. penalty of fifty dollars for each offense. But this section shall not apply to streams of flowing or tide water, nor to the town of French Creek in Chautauqua county, which constitutes the motive power of the machinery or manufacturing establishments, when it is absolutely necessary for the manufacturing purposes carried on in such establishments to run the refuse matter and material thereof into such stream. § 2. This act shall take effect immediately. CHAP. 431. AN ACT to amend chapter three hundred and twenty-four of the laws of eighteen hundred and fifty, entitled "An act for preservation of the public health," and the acts amendatory' thereof. PASSED May 28, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of chapter three hundred and twenty-four of the laws of eighteen hundred and fifty, entitled "An act for the preservation of the public health," is hereby amended so as to read as follows: § 1. It shall be the duty of the common council of every city in this state, except in the cities of Brooklyn, New York, Yonkers and Buffalo, (which are hereby excepted from the operations of this act), to appoint à board of health for such city to consist of six persons, who are, not Terms of members of said council,and who shall be appointed as follows: Two persons for a term of one year; two persons for a term of two years; and two persons for a term of three years (one of whom, at least, shall be a competent physician). The mayor of such city shall be a member exofficio of such board of health, and shall be president thereof. The said board of health, when duly organized, shall appoint a competent physician (not a member of such board) who shall be health officer for such city. This section shall not be construed to remove any of the existing boards of health in any of the cities of this state, but the succssors of such boards shall be appointed as in this section provided. Upon the expiration of the term of office of any member of the board of health, appointed as herein provided, his successor shall be appointed by such common council for the term of three years, and the said.common council shall also have power to fill any vacancy caused in such board of health by the death, resignation or removal from the city of any member thereof. And it shall be the duty of the trustees of every trustees to incorporated village in this state in which there is not now a board of health duly organized, to appoint once in each year a board of health for such village, to consist of not less than three nor more than seven persons (who are not village trustees), shall hold office for one year, or until their successors shall have been appointed, from which board shall be elected a president and secretary; and the said board of health, thus constituted, shall appoint a competent physician to be the health officer of such village, who shall not be a member of said board of health. Village appoint board of health. Board of bealth in towns. § 2. Section two of said act is hereby amended so as to read as follows: § 2. The supervisor and justices of the peace and the town clerk, or a majority of them, of each town in this state, together with a citizen to convene notice when to be of such town, of full age to be elected by them, shall be the board of health for such town for each year, and they shall appoint some competent physician, not a member of said board, to be the health officer for such town. They shall have cognizance of the causes of injury or danger to the public health, and shall meet upon call of the supervisor. Also, whenever in the judgment of the state board of health, or (if the Supervisor said board be not in session), of the president and secretary thereof, it board shall be necessary, and the public good requires it, the supervisor of upon such town, upon reasonable notice being given him from the state board from state of health, or its president and secretary, shall immediately convene the board. town board of health, by notice to the members thereof, to take such proceedings as the public health in that vicinity may require, and concerning which it shall have been notified by the state board of health, or by its president and secretary. And in any case in which the term for Vacancies. which the board of health of any village, or city, heretofore appointed, when y shall have expired, or in any case in which a member or several mem- county bers of a board of health of any town, village or city in this state, shall Judge. resign or cease to act officially, so that less than the statutory number of members of said board continue to be members thereof, then it shall be the duty of the county judge of the county in which such town, village or city is situated or an adjacent county, upon being satisfied that such term has expired, or that such vacancy or vacancies exist, to appoint, in writing, a competent citizen or citizens, as the case shall require to fill such vacancy or vacancies, and to perform the duties of said office within the time specified, and until the said town, village or municipal government shall have elected or appointed the member or members, who shall, according to law, perform such official duties in the said board of health. The written appointment to a board of health Appoint made by a county judge under this section shall forth with be filed in filed. the office of the clerk of the county in which such board of health is located. Any violation of the provisions of this section or of any lawful instruction of said state board of health shall be a misdemeanor. § 3. Section three of said act is hereby amended so as to read as follows: ment to b health. §3. The several boards of health now organized in any city, village Powers of or town in this state (except in the cities of New York, Yonkers, and boards of Brooklyn and Buffalo), and the several boards of health constituted under this act as amended, shall have power and it shall be their duty to meet in their respective cities, villages and towns and fix and determine the period of quarantine to which vessels, vehicles, or persons arriving in such city, village or town shall be subject; but the said board shall have power, after an examination, to reduce the period of quarantine of such vessel, vehicles or persons, if they deem it safe so to do. § 4. Subdivision five of section three of said act is hereby amended so as to read as follows: nature of plaints, 5. Such board of health shall have power, and it shall be its duty, To examto receive and examine into the nature of complaints made by any of inno the inhabitants, concerning causes of danger, or injury to the public comhealth within the limits of its jurisdiction; also to report to the state etc. board of health, promptly, facts which relate to infectious and epidemic diseases within said jurisdiction, and to require such isolation and quarantining of persons, vessels and sources of infection, as shall be in its judgment necessary; also to release from such isolation or quarantine, such persons, vessels and things, as it shall deem safe to release; but upon ordering such quarantining or isolation, or such release from suitable cases of diseases. Registration of deaths, the same, said board and its health officers shall make a record of the To provide facts in the case, and of the reasons for the action taken. It shall also places for be the duty of the said local board to procure suitable places for the contagious reception of persons, and things infected with malignant, contagious or infectious diseases, and in all cases where sick persons cannot otherwise be provided for, to procure for them medical, and other attendance and necessaries; and it shall be the duty of every such board of health to take cognizance of, and report, every case of small-pox or varioloid, occurring within said board's jurisdiction, also to make all needful provisions for immediately obtaining the necessary means for thorough and safe vaccination of all persons within the said jurisdiction who may need the same. It shall also be the duty of the board of health in each town, village and city in this state, to have the supervision of the registration of deaths, diseases and the causes of death, and by its appointed officers, to examine all certificates and records of death, and findings of coroner's juries, and to designate the persons who shall grant permits for the burial of the dead, and to prescribe sanitary regulations for such burials, and it shall be the duty of every such board of health to supervise and make complete the registration of births, deaths and marriages within the limits of its jurisdiction, and in so completing the said registration the cost thereof shall be a charge upon such town, village or city, and shall not exceed fifty cents for each completely verified and registered record of a birth, death or marriage, but the town clerks and the registering clerks provided by law in villages and cities may still keep all records of births, deaths and marriages as required by chapter five hundred and twelve, laws of eighteen hundred and eighty. etc. Village boards to have in all cases in village and not subject to town § 5. The following is hereby made section nine of said act, supplementary to and a part thereof: § 9. In any instance in which there is a legally organized board of health in an incorporated village, which comprises parts of several authority towns, or less than a whole town, such board of health shall have full authority in regard to all matters relating to public health within said village, and such village which has its own organized board of health shall not be subject to the sanitary regulations or health officers of the township or towns within which such village is located; nor shall the taxable property of any such village, while maintaining its own board of health, be subject to taxation for maintaining any town board or boards of health, or for any expenditures authorized by such town boards; but such expenditures of the town boards of health shall be assessed and collected exclusively on property in the town outside of said village. boards. Tax on alien pas § 6. All acts and parts of acts inconsistent with this act are hereby repealed. 7. This act shall take effect immediately. CHAP. 432. AN ACT to raise money for the execution of the inspection laws of the state of New York. PASSED May 31, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. There shall be levied and collected a duty of one dollar sengers to for each and every alien passenger who shall come by vessel from a masters, etc., of foreign port to the port of New York for whom a tax has not hereto- be paid by fore been paid the same to be paid to the chamberlain of the city of New York by the master, owner, agent or consignee of every such ves- vessels. sel within twenty-four hours after the entry thereof into the port of New York. report un names, passen gers. § 2. It shall be the duty of the master or acting master of every such Master to vessel within twenty-four hours after its arrival at the port of New der oath York, to report under oath, to the mayor of the city of New York, the to mayor, names, ages, sex, place of birth and citizenship of each and every pas- etc., of senger on such vessel, and in default of such report every passenger shall be presumed to be an alien arriving at the port of New York for the first time. And in default of every such payment to the chamberlain of the city of New York, there shall be levied and collected of the master, owner, agent or consignee of every such vessel, a penalty of twenty-five cents for each and every alien passenger, in addition to the duty heretofore imposed. to be made commis emigra §3. It shall be the duty of the chamberlain of the city of New York Payments to pay over from time to time to the commissioners of emigration all by chamsuch sums of money as may be necessary for the execution of the in- berlain to spection laws of the state of New York, with the execution of which sioners of the commissioners of emigration now are or may hereafter be charged to." by law, and to take the vouchers of the commissioners of emigration for all such payments. And it shall be the duty of the said chamberlain to pay over annually, on the first of January in each year, to the treasury of the United States the net produce of all the duties collected and received by him under this act after the payments to the commissioners of emigration aforesaid, and take the receipt of the secretary of the treasury therefor. collection due. § 4. The commissioners of emigration shall institute suits in the Suits for name of the people of the state of New York for the collection of all of moneys moneys due or which may grow due under this act, the same to be paid when collected to the chamberlain of the city of New York, to be applied by him pursuant to the terms of this act. § 5. Section one shall not apply to any passenger whose passage Act not to ticket was actually issued and paid for prior to the time this act takes certain effect, but every ticket shall be presumed to have been issued after this cases. act takes effect, in the absence of evidence showing the contrary. § 6. This act shall take effect immediately. CHAP. 433. AN ACT to exempt from all state or local taxation vessels registered in any port in the state of New York, owned by American citizens or corporations, or organized under the laws of the state of New York, and engaged in ocean commerce between any port in the United States and any foreign port, and to exempt for a limited period the capital stock, franchise and earnings of such corporations from taxation for state and local purposes. PASSED June 1, 1881, by a two-thirds vote.* The People of the State of New York, represented in Senate and Assembly, do enact as follows: apply in SECTION 1. All vessels registered at any port in this state, and owned Vessels *Not returned by the governor within ten days after it was presented to him, and became a law without his signature, June 1, 1881. registered by Ameri can citi gating taxable for and owned by any American citizen, or association, or by any corporation, incorporated under the laws of the state of New York, engaged in ocean zens, navi- commerce between any port in the United States and any foreign port, ocean, not are exempted from all taxation in this state, for state and local purfifteen poses; and all such corporations, all of whose vessels are employed between foreign ports and ports in the United States, are exempted from all taxation in this state for state and local purposes upon their capital stock, franchises and earnings for the period of fifteen years. § 2. This act may be altered, amended or repealed at any time. § 3. This act shall take effect immediately. years. Officers and direct CHAP. 434. AN ACT in relation to life insurance companies. PASSED May 31, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. No director or officer of a life insurance company shall ors not to receive any money or valuable thing for negotiating, procuring, or recommending any loan from such company, or for selling or aiding in the sale of any stocks or securities to or by such company. receive compensation for negotiating loans. Penalty. § 2. Any person violating the provisions of this act shall forfeit his position either as director or officer, or both, and shall be disqualified forever after from holding any such office in any life insurance com pany. CHAP. 435. AN ACT to amend chapter one hundred and sixteen of the laws of eighteen hundred and sixty-two, entitled "An act to appoint a trustee to receive and hold the bequest of Levi Farr, deceased, for the benefit of school district number four, in the town of Greene, Chenango county," as amended by chapter eighty-eight of the laws of eighteen hundred and eighty. PASSED May 31, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of chapter one hundred and sixteen of the laws of eighteen hundred and sixty-two, as amended by chapter eightyeight of the laws of eighteen hundred and eighty, is hereby amended so as to read as follows: "1. Robert P. Barnard, of the town of Greene, in the county of Chenango, is hereby appointed a trustee, with power to have, demand and receive of and from the legal representatives of the estate of Levi Farr, late of said town, now deceased, the legacy bequeathed in the will of said Levi Farr to the superintendent of common schools for the town of Greene for the time being, and to his successors in office forever, and for the use and benefit of school district number four of said town, and to invest the same when received in a mortgage or mortgages, on unincumbered real estate, worth at least one and |