Service of orders.

§ 1224. Service of any order of said board of health shall be deemed sufficient, if made upon a principal person interested in or upon a principal officer charged with a 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 department, or one of the department, who may be most interested in or affected by its execution. 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, 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, occupants of such buildings, or parts thereof, or of the subject-matter to which such order relates.

L. 1882, ch. 410, § 577.

Vaccination.

§ 1225. For the purpose of more effectually preventing the spread of smallpox by the thorough and systematic vaccination of all unvaccinated persons, and for the relief of persons suffering with diphtheria and other infectious diseases, residing in said city, the board of health is hereby empowered to continue or organize a corps of vaccinators and of physicians, within and subject to the control of the bureau of sanitary inspection, to appoint the necessary officers, keep suitable records, collect and preserve pure vaccine lymph or virus, and produce diphtheria antitoxine and other antitoxines, and add to the sanitary code such additional provisions as will most effectually secure the end in view. Said board of health may take measures, and supply agents and offer inducements and facilities for general and gratuitous vaccination, disinfection, and for the use of diphtheria antitoxine, and other antitoxines, and may afford relief to and among the poor of said city as in its opinion. the protection of the public health may require.

L. 1882, ch. 410, § 553.

As to constitutionality of laws forbidding admission to public schools of persons not vaccinated,

see La re Walters, 84 Hun, 457; 8. C., 32 N. Y. Supp. 322.

Sale of lymph and antitoxine.

§ 1226. Whenever the amount of vaccine lymph, or virus collected by the said corps, or of diphtheria antitoxine, and other antitoxines produced, shall exceed the amount required in the proper performance of its duties, the said board of health may authorize the sale of such surplus lymph or virus, and diphtheria antitoxine, and other antitoxines at reasonable rates, to be fixed by the board of health. The avails of such lymph or virus, and diphtheria antitoxine, and other antitoxines, shall be accounted for and paid to the chamberlain, and shall be set apart and constitute distinct funds, to be known respectively as "the fund for gratuitous vaccination," and "the antitoxine fund," and they shall be subject to the requisition of the board of health for the purposes named in the preceding section. L. 1882, ch. 410, § 554.

Driving and slaughtering cattle, sheep, swine, pigs or calves regulated.

§ 1227. It shall not be lawful to drive any cattle, sheep, swine, pigs or calves through the streets or avenues of The City of New York, or any of them, except at such times and in such manner as provided in the sanitary code, or as the board of health may, by ordinance, prescribe, nor shall it be lawful to slaughter any cattle, sheep, swine, pigs or calves in The City of New York, excepting in buildings located upon or near the water front, and so constructed as to receive all stock delivered thereat from boats, cars or transports and to secure the proper care and disposition of all parts of the slaughtered animals upon the premises or the immediate removal thereof by means of boats and under the provisions of the sanitary code and the authority and regulations of the department of health. The board of health may revoke or suspend the permit of any one who shall conduct said business of slaughtering cattle, sheep, swine, pigs or calves in violation of law and the rules and regulations of the department of health. No fat, hides, hoofs, or entrails or other refuse parts of slaughtered animals shall be transported in said streets except under and pursuant to the terms of a permit in writing from the board of health; nor shall any buildings be erected or converted into or used as a slaughter house until the plans thereof have been duly submitted to the board of health, and approved in writing by the said board.

L. 1882, ch. 410, § 613.

Extension of proclamation period.

§ 1228. Whenever it shall appear to the board of health that any of the provisions of this title, limited in their operations to a cer

tain period of the year, or designated periods of time, ought to be extended, the said board of health shall issue its proclamation extending such provisions to such a time as shall be determined on, and such provisions shall thereupon be extended accordingly and with the like effect as if the periods mentioned in such proclamation, had been originally herein enacted. If it shall appear to the board of health while such proclamation is still in force, that the necessity of extending the period therein named has ceased, the board of health, by a new proclamation declaring that fact, may revoke the proclamation issued pursuant to this section, which shall then cease to have effect.

L. 1882, ch. 410, § 559.

Definitions.

1229. The word nuisance, as used in this act, shall be held to embrace public nuisance, as known at common law, or in equity 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 nuisances are hereby declared illegal; and each and all persons 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 shall annul or defeat any common law liability or responsibility in respect of nuisances. Whenever the words "place, matter, or thing," or either two of said words, are used in this act, or in titles one, four and five of this chapter, 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.

L. 1882, ch. 410, § 636; 600.

See Health Dept. v. Purdon, 99 N. Y. 237, affi'g 51 N. Y. Super. (J. & S.) 109.

TITLE 2.

MARRIAGES, BIRTHS AND DEATHS.

Sec. 1236. Persons solemnizing marriages to keep a registry,

1237. Births to be reported.

1238. Deaths to be reported.

1239. Penalty for failure to report marriages and births to the department of health.

1240. Record of births, marriages and deaths.

1241. Registration of births not previously recorded.

Persons solemnizing marriages to keep a registry.

§ 1236. It shall be the duty of the clergymen, magistrates and other persons who perform the marriage ceremony in The City of New York to keep a registry of the marriages celebrated by them, which shall contain, as near as the same can be ascertained, the name and surname of the parties married; the residence, age and condition of each; whether single or widowed.

L. 1882, ch. 410, § 602.

Births to be reported.

§ 1237. It shall be the duty of the parents of any child born in said city (and if there be no parent alive that has made such report, then of the next of kin of such child born), and of every person present at such birth, within ten days after such birth, to report to the department of health, in writing, so far as known, the date, borough and street number of said birth, and the sex and color of such child born, and the names of the parents. It shall also be the duty of physicians and professional midwives to keep a registry of the several births in which they have assisted professionally, which shall contain, as near as the same can be ascertained, the time of such birth, name, sex and color of the child, the names and residence of the parents, and to report the same within ten days to the department of health.

L. 1882, ch. 410, § 603.

Deaths to be reported.

§ 1238. It shall be the duty of the next of kin of any person deceased, and of each person being with such deceased person at his or her death, and of the persons occupying or living in any house or premises in or on which any person may die, to report, in writing, to the department of health, within five days after such death, the age, color, nativity, last occupation and cause of death of such deceased person, and the borough and street, the place of such person's death and last residence. Physicians who have attended deceased persons in their last illness shall, in the certificate of the

decease of such persons, specify, as near as the same can be ascertained, the name and surname, age, occupation, term of residence in said city, place of nativity, condition of life; whether single, married, widow or widower; color, last place of residence and direct and indirect cause of death of such deceased persons, and the coroners of the city, in such cases as an inquest may have been held, shall, in their certificates, conform to the requirements of this section.

L. 1882, ch. 410, § 604.

By virtue of § 1172, ante, a certificate of death filed by a coroner pursuant to this section is admissible as evidence of the facts stated therein, i. e., the age of the decedent. kowitz v. D. D. E B. & B. R. R. Co. 12 Misc. 412; 32 N. Y. Supp. 702; 67 St. Rep. 572, following Woolsey v.

Mar

Trustees of the Village of Ellenville, 84 Hun, 236; 32 N. Y. Supp. 543; and distinguishing Buffalo, L. T. & G. D. Co. v. Knights Templar & M. M. A. Assn., 126 N. Y. 450; and McKinley v. Metropolitan Life Ins. Co., 6 Misc. Rep. 9; comp. McKinley v. Metropolitan Life Ins. Co., supra.

Penalty for failure to report marriages and births to the department of health.

§ 1239. For every omission of any person to make and keep the registry of marriages and births required by the preceding sections, and for every omission to report a written copy of the same to said department of health, within ten days after any birth or marriage provided to be registered, and for every omission to make the report of any death, birth or marriage, the person guilty of such omission shall be guilty of a misdemeanor; and, in addition thereto, the offender shall also be liable to pay a fine of one hundred dollars, to be recovered in the name of the department of health of The City of New York, before any justice or tribunal in said city having jurisdiction of civil actions. But no person shall be liable for such fine, or subject to arrest and imprisonment for not making the report herein required, if an excuse is presented to the board of health for such omission which the said board shall decide to be sufficient, in which event the said board of health is hereby empowered to excuse the said omission.

L. 1882, ch. 410, § 605, as amended by L. 1894, ch. 550

Record of births, marriages and deaths.

§ 1240. The department of health shall keep a record of the births, marriages and deaths reported to it; the births shall be numbered and recorded in the order in which they are received by it; and the record of births shall state, in separate columns, the place and date of birth, the name, sex and color of the child, the names and residence of the parents, as fully as they have been received, and the time when the rcord was made. The marriages shall be numbered and recorded in the order in which they are received by