the department; and the record thereof shall state, in separate columns, the date of marriage, name, residence, and official station, if any, of the persons, by whom married, the names and surnames of the parties, age, the color and condition of each; whether single or widowed, and the time when the record was made. The deaths shall be likewise numbered and recorded; and the record thereof shall state, in separate columns, as far as the same is reported, the date of decease, name and surname, condition, whether single, married or widowed, age, place of birth, place of death, occupation, names of the parents when an infant without name; disease, direct or indirect cause of death, color, and last place of residence of such deceased person, and the time when the record was made. Said department shall perform all the duties of this section imposed, as a part of its regular duties, and no fees shall be demanded or received by reason thereof. L. 1882, ch. 410, § 606. Registration of births not previously recorded. § 1241. The births of the children of actual residents of The City of New York, which may have occurred during the temporary absence of the parents of such children from The City of New York, and the births of children who failed to be recorded through the neglect of the physician or other medical attendant present at such birth, may be recorded in the bureau of records of the health department of said city, in a special book, to be kept for such purpose, upon the application in such behalf by the parents or guardians of such children. Such application shall be made to the board of health, and shall be accompanied by a certificate of the physician or midwife attending professionally at such birth; and personally cognizant thereof, together with the affidavit of at least two citizens, certifying to their knowledge of the facts, and that the physician or midwife making such certificate of birth is a reputable person in good standing in the community in which he or she may reside. No change or alteration shall, at any time, be made in any of the records of the said bureau of records in said city, without proof satisfactory to and upon the approval of the said board of health. Transcripts of any record in said bureau of records may be given, in the discretion of the department of health, to a parent or the next of kin of any person authorized to apply for the same, but no transcripts of false or fraudulent returns made to the said bureau, nor of the entries thereof, shall be given; and they shall be canceled upon due proof of the facts to the department of health. Transcripts of these records when required shall be on such forms as the board of health may prescribe, and for them the usual fees for copies of records may be received. L. 1882, ch. 410, § 607. (a) This provision is remedial, and one which affects the public, and the duty of recording births is obligatory upon the board of health, when the required proof is made, and its refusal to register a birth is reviewable by the courts on certiorari. Matter of Lauterjung, 48 N. Y. Super. (J. & S.) 308. TITLE 3. DUTIES OF PHYSICIANS AND OTHERS. Sec. 1247. Report of pestilential, infectious and contagious diseases; deaths. 1248. Affidavit may be required. 1249. Penalty for failing to report. 1250. Boarding and lodging-house keepers may be required to re port. 1251. Masters, etc., of vessels to report. Report of pestilential, infectious and contagious diseases; deaths. S1247. It shall be the duty of each and every practicing physician in The City of New York: 1. Whenever required by the department of health to report to said department, at such times, in such forms as said department may prescribe, the number of persons attacked with any pestilential, contagious, infectious disease attended by such physician for the twenty-four hours next preceding, stating the name of such patient, and the name and place where he shall then be; and the number of persons attended by such physician, who shall have died in said city, during the twenty-four hours next preceding such report, of any such pestilential, contagious or infectious disease. 2. To report, in writing, to the said department every patient he shall have laboring under any pestilential, contagious, or infectious disease, and within twenty-four hours after he shall ascertain or suspect the nature of the disease. 3. To report to the said department when required by it, the death of any of his patients who shall have died of disease within twenty-four hours thereafter, and to state in such report the specific name and type of such disease. L. 1882, ch. 410, § 608. Affidavit may be required. 1248. The department of health may require of any physician not less than three hours after service of a demand thereof upon him, an affidavit, stating therein whether he has or has not any patient, who, in his opinion, shall then be sick of a pestilential, contagious or infectious disease, and if he has any such patient, to state in such affidavit his or her name, and the house or place in said city where he or she shall then be, and the nature or name of such disease, to the best of his knowledge and belief. L. 1882, ch. 410, § 609. Penalty for failure to report. 1249. Every practicing physician who shall refuse or neglect. to perform the duties enjoined on him by the foregoing section shall be considered guilty of a misdemeanor, and shall also forfeit for each offense the sum of two hundred and fifty dollars, to be sued for and recovered by the department of health. It shall be the duty of each visiting, hospital and consulting physician, to make an immediate report to the department of health of the name of every practicing physician by whom he shall have reason to believe the provisions of said section have been violated; and if such physician shall neglect or refuse to perform his duty, the department shall order him to be suspended from any office he may hold, and he shall, moreover, be liable to such further penalty and to such prosecution for his violation of this law and of his duty as the board of health shall determine. L. 1882, ch. 410, § 610. Boarding and lodging-house keepers may be required to report. § 1250. Every person keeping a boarding or lodging-house in the city, shall, whenever required by the department of health, report, in writing, to the department the name of every person who shall be sick in his house within twelve hours after each case of sickness shall have occurred. L. 1882, ch. 410, § 611. Masters, etc., of vessels to report. § 1251. Every master, owner or consignee of a vessel lying at a wharf, or in the harbor of The City of New York, shall make a like report, and within the same period, of the name of every sick person on board of such vessel; and no person shall be removed therefrom without a written permit for that purpose from the department of health. L. 1882, ch. 410, § 612. LEGAL PROCEEDINGS AND TITLE 4. PUNISHMENT FOR DISOBEDIENCE OF ORDERS AND ORDINANCES. Sec. 1257. Order for examination before justice of supreme court. 1259. The health department as party plaintiff and defendant. 1262. Violation of department orders; actions for. 1263. Arrests for violation of rules. 1264. Id.; by member of police force or officer of department of health. 1265. Id.; upon complaint of magistrate; trials, fines, etc. 1266. False returns and deceptive reports, how punished. 1267. False personation as an officer of department, penalty. 1268. Boarding and lodging-house keepers and masters of vessels. 1269. Officers and magistrates to act promptly. Order for examination before justice of supreme court. § 1257. Any justice of the supreme court of the first or second department, or who is holding court or chambers therein, upon the written application of the board of health, may issue his order by him subscribed, for the examination without unreasonable delay by or before such justice of any person or persons, and the production. of books or papers, or the inspection and taking of copies of the whole or parts thereof, at a time and place within said city, and in said order to be named; and it shall be the duty of such justice to take or superintend such examination, which shall be under oath, and shall be signed by the party or parties examined, and be certified by said justice, and with any copies of books or papers, to be delivered to said health department for the use of said department. And such examination, and any proceeding connected therewith, or under said order, may wholly or in part be had, conducted or continued by or before any other of said justices, as well as that one who made said order; and in and about the same, every such justice shall have as full power and authority to punish for contempt, and enforce obedience to his said or other order or directions respecting the matter aforesaid (or that of any other judge) as any such justice of the supreme court may now have, or shall possess, to enforce obedience or punish contempt in any case or matter whatever. Such application shall name or describe the person or persons whose examination is sought, and so far as possible the books or papers desired to be inspected, and the matters or points affecting life or health as to which the board of health requests the examination to take place, and the justice shall, on the proceedings, decide what questions are pertinent and allowable in respect thereto, and shall require the same to be properly answered; but no answer of any person so examined shall be used in any criminal proceeding. Service of any order of any such justice may be made, and the same proved in the same manner as the service of either an injunction or of a subpoena. And it shall be the duty of said justices to facilitate the early determination of the aforesaid proceedings. L. 1882, ch. 410, § 614. Appearance and examination of witnesses. § 1258. Upon the application of any party in interest in any matter pending examination before said department of health, by affidavit, 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 department of health, or any person taking or about to take such examination, at some time or times and place to be stated in the said affidavit, it shall be the duty of such judge, if he shall discover reasonable cause so to do, to issue his order requiring such person or persons named to appear and submit to such examination as, and to the extent, such order may state, at the time and place to be in said order named; and such order, signed by such judge, may be served, and shall in all respects be obeyed as a subpoena duly issued; and a refusal 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. L. 1882, ch. 410, § 615. The health department as party plaintiff and defendant. § 1259. In all actions and proceedings heretofore commenced and now pending, against either of the cities of New York, Brooklyn or Long Island City or the town authorities and public officers in Kings, Richmond counties and the part of Queens county, now to form a part of The City of New York, or against the department of health, board of health or sanitary officers in any part of said territory, in which any action, order, regulation, ordinance or proceeding of any of the health departments, boards of health or sanitary officers thereof, is called in question or made the subject of the action or proceeding, the department of health of The City of New York shall have the right to appear, answer and take part; and in |