ings. Markets. the street. Repair of build- orders are provided to be enforced, the repairs of buildings, houses, and other structures; the regulation and control of all public markets (so far as relates to the cleanliness, ventilation and drainage thereof, and to the prevention of the sale or offering Obstructions in for sale of improper articles therein;) the removal of any obstruction, 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 regulation and licensing of scavengers; the prevention of accidents by which life or health may be endangered; and, generally, the abating of all nuisances. Scavengers. Organize. President. Term of office Secretary. § 4. Section five of said act is hereby amended so as to read as follows: § 5. Immediately after the four appointed sanitary commissioners shall have taken the oath of office as above provided, they shall meet with the commissioners of the metropolitan police, and the commissioners of metropolitan police with them, and the health officer of the port of New York, and organize 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 appointing a proper person to be Secretary of said Board. And the successive Presidents of said Board of Health shall be annually 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 Treasof Treasurer and urer and Secretary shall respectively continue in office as such until removed by the election of a successor or otherwise. The said Sanitary Commissioners shall each receive a salary of two thousand five hundred dollars a year; and each Police Commissioner who may 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 receive 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 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 Salaries. Salary of Treas urer. Deduction for be a *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 his said salary the sum of two dollars; but these provisions shall not. Not to apply to adjourned meetapply 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 ments of said salaries. The Board may appoint a Corresponding Secretary at an annual salary not exceeding one thousand dollars. Secretary. $14. § 5. Section fourteen, sub-division second, is hereby amended Amendment of 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. confered on § 6. Said Board may, by resolution, confer upon the President Power may be power to exercise, in the absence of the Board, the authority President. given in the fourteenth section, to temporarily suspend or modi Power to mɔdi fy any order or its execution. And said Board may change or § 7. This act shall take effect immediately. * Amended, Laws of 1867, Chapter 956, Section 10. LAWS OF 1867. President and Secretary pro tem. Chief Clerk to certify papers. Courts to take judicial notice. Duty of Police. Minimum of penalty. CHAPTER 956. AN ACT relating to the Metropolitan Board of Health, and to The People of the State of New York, represented in Senate and 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 certified 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 Metropolitan 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 recovered 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 contrary 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. with pestilential or infectious diseases. § 3. Said board shall have the same powers in respect of per- Persons sick sons afflicted with pestilential or infectious diseases, as are given 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 provided and such persons, as well as to designate such places; and said expenses paid. board may cause proper care and attendance for such persons so sick 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 care and attendance. tax. § 4. That portion of the fourth subdivision of the twenty- Supervisors 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, Kings, Richmond and Queens (the expenses of the last named county to be charged and collected in, and in respect of the property of the towns of Newtown, Flushing and Jamaica), respectively, are empowered and directed annually," is hereby amended by inserting the word "Westchester," between the words Kings and Richmond aforesaid, in said act. ders. On agents of tenement and lodging houses. § 5. Service of any order of said board of health shall be deemed sufficient, if made upon a principal person interested in Service of or(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 drainage, sewerage, cleaning, purification or ventilation thereof, or 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 to which such order relates. § 6. The word nuisance, as used in this act, shall be held to Nuisance deembrace public nuisance as known at common law, or in equity fined. Common law ed. Stalls around Fulton and jurisprudence; and it is further enacted that whatever is dangerous to human life or detrimental to health; whatever building or erection, or part or cellar thereof, is overcrowded with occupants, 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 renders 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 pease 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 contribution or collect expenses, according to any legal or equitable relations existing between them; but nothing herein contained liability reserv- shall annul or defeat any common law liability or responsibility in respect of nuisances. Provided, however, that nothing contained in this act or in the 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," passed February twenty-sixth, eighteen hundred and 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 removal, 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 markets, 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 the said board shall have and possess full and complete power with reference to the ventilation, drainage and cleanliness of said stands or stalls, and shall have power to order the removal of all stands or stalls which have been erected or enlarged upon may be remov- any street or sidewalk in said city since said first day of May, 1866, or shall hereafter be so erected; and that the power given to said board over obstructions in the streets or on the sidewalks by existing laws is hereby expressly reaffirmed, except as herein markets not to be removed. Powers as to ventilation, drainage and cleanliness reserved. Stalls erected or enlarged since May 1, 1866, ed. Power over obstructions in the street affirmed. |