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' - . VlA7 • METROPOLITAN BOARD OF HEALTH. 
CODE 
OF 
SANITARY ORDINANCES, 
AND 
Itules aid ^gulattow. 
1867. 
NEW YORK: 
C. S. WESTCOTT & CO., UNION PRINTING HOUSE, 
No. 79 John Street. 
1867. METROPOLITAN SANITARY DISTRICT 
OF THE STATE OF NEW YORK. 
At a meeting of the Metropolitan Board of Health, held at 
its office, at No. 301 Mott street, in the city of New York, on the 
twentieth day of April, 1866, 
Said Board made and adopted a "Code of Health Ordinances,"* 
and made certain "Sanitary Regulations" (in addition to other regula- 
tions), and made and issued several "Orders" and "Rules" (the 
said orders, rules, and sanitary regulations being the several sections 
of said Code), and numbered consecutively from section one to sec- 
tion one hundred and sixty-five inclusive; all as the seventy-fourth 
and six hundred and eighty-sixth chapters of the Laws of 1866, in that 
behalf provide. And at a meeting of the said Board, held at said 
place on the eleventh day of July, 1867, the following sections were 
amended, namely: Sections one, three, four, five, seven, fifteen, six- 
teen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, 
twenty-four, twenty-five, twenty-eight, thirty, thirty-four, thirty-five, 
thirty-six, thirty-eight, thirty-nine, forty-three, forty-five, forty-six, 
fbrty-seven, forty-nine, fifty, fifty-one, fifty-two, fifty-six, fifty-seven, 
fifty-nine, sixty, sixty-two, sixty-three, sixty-five, sixty-seven, sixty- 
eight, seventy, seventy-one, seventy-three, seventy-five, seventy-six, 
seventy-seven, seventy-eight, eighty, eighty-five, eighty-seven, eighty- 
nine, ninety, ninety-one, ninety-two, ninety-six, ninety-eight, ninety- 
nine, one hundred, one hundred and one, one hundred and three, one 
hundred and seven, one hundred and eight, one hundred and twelve, 
one hundred and thirteen, one hundred and eighteen, one hundred and 
twenty, one hundred and twenty-one, one hundred and twenty-five, 
one hundred and twenty-six, one hundred and twenty-eight, one hun- 
dred and thirty-two, one hundred and thirty-three, one hundred and 
thirty-four, one hundred and thirty-five, one hundred and thirty-eight, 
* Chapter 956 of the Laws of 1867, § 10, provides that the " Code of Health Ordinances" 
shall hereafter be designated as the " Code of Sanitary Ordinances." 4 
one hundred and forty, one hundred and forty-one, one hundred and 
forty-five, one hundred and forty-six, one hundred and forty-eight, one 
hundred and forty-nine, one hundred and fifty-one, one hundred and 
fifty-two, one hundred and fifty-three, one hundred and fifty-seven, 
one hundred and fifty-nine, one hundred and sixty-one, one hundred 
and sixty-two, one hundred and sixty-three, and one hundred 
and sixty-five; and sections six, eight, nine, ten, eleven, fifty-eight, 
one hundred and twenty-seven, one hundred and twenty-nine, 
one hundred and thirty, one hundred and thirty-seven, one hundred 
and fifty, and one hundred and fifty-four were repealed, and three ad- 
ditional sections, numbered sections one hundred and sixty-six, one 
hundred and sixty-seven, and one hundred and sixty-eight, were 
passed; and the following are the sections of said Code as they read 
after such amendment, repeal, and enactment: 
Meaning of terms 
used herein. 
Section 1. That the term "District," and " said District," and 
" this District," whenever used herein, shall be held to mean the 
" Metropolitan Sanitary District of the State of New York;" that 
the word " Board," " this Board," and " said Board," shall be held 
to mean the " Metropolitan Board of Health that the words " per- 
son," " owner," " tenant," " lessee," " occupant," " contractor," 
"party," "manager," "Board," and "officer," shall respectively be 
held to apply to and include, both jointly and severally, each and all 
owners, part owners, tenants, lessees, occupants, managers, contract- 
ors, parties in interest, persons, officers, boards, and corporations, who 
may sustain the relations, or may be in like position of any one or more 
thereof referred to in any ordinance or regulation; that every order, 
ordinance, or regulation declared applicable to the built-up portion of 
New York or Brooklyn, shall, so far as the subject matter thereof is 
applicable (save as to interments), and so far as this Board has authority 
to make the same, be held to include and apply to the built-up portions 
of every city and village within said District; that every word or 
phrase anywhere herein defined shall be held to include the same sense 
wherever used; that the word " regulations" shall be held to include 
"special regulations" (which latter will be from time to time issued, 
and will contain more detailed provisions than can be herein conven- 
iently set forth); that the word " permit" shall be construed to mean 
the permission in writing of this Board, issued according to its by- 
laws, rules, and regulations ; and that every " report" herein required 
shall be held to be a report in writing, signed by the person (and in- 
dicating his official position) who makes the same; that the word 
"light," or "lighted," shall be held to refer to natural, external light; 
and that all words and phrases herein defined shall also include their 
usual and natural meanings, as well as those herein especially given. 
To what terms 
apply. 
Meaning of 
" built-up por- 
tion." 
Meaning of " reg- 
ulations." 
Meaning of " per- 
mit," "report," 
"light." 5 
Sec. 2. That no person shall carelessly or negligently do, or advise, 
or contribute to the doing of any act or thing dangerous to the life, 
or detrimental to the health of any human being; nor shall any per- 
son knowingly do, or advise, or contribute to the doing of any such 
act or thing (not actually authorized by law), except with justifiable 
motives and for adequate reasons ; nor shall any person omit to do any 
act, or to take any precaution, reasonable and proper, to prevent or 
remove danger or detriment to the life or health of any human being. 
Responsibility 
for carelessness, 
negligence, and 
omission. 
Sec. 3. That no doctor, druggist, or other person shall make, sell, 
put up, prepare, or administer any prescription, decoction, or medicine 
under any deceptive or fraudulent name, direction, or pretence ; 
nor shall any false or deceptive representation be made by any person 
to any other as to the kind, quality, purpose, or effect of any such or 
other drug, medicine, decoction, drink, or other article offered or in- 
tended to be taken as food or medicine. 
Medicines etc., 
to be under true 
name. 
Sec. 4. That no poisonous medicine, decoction, or substance 
shall be held for sale or sold, except for lawful purposes and with 
proper motives, and by persons competent to give the proper direc- 
tions and precautions as to the use thereof; nor shall any bottle, box, 
parcel, or receptacle thereof be delivered to any person unless the 
same is marked "poison," nor to any person who the- party 
delivering the same has reason to think intends it for any illegal or 
improper use or purpose. 
Poisons to be 
marked and sold 
by competent 
persons. 
Sec. 5. That no person shall make, offer, or have for sale, or keep 
at any place of sale, any "poisonous, unwholesome, deleterious, or 
adulterated drugs, medicines, or food," or in respect thereto omit any 
act or thing required, or do any act forbidden by any law or health 
regulation of this State applicable in any part of this District. 
Poisons and 
adulterations. 
Sec. 7. That the Inspectors of this Board, and its proper 
officers and agents, shall make the inspections and examinations 
required by law; that the Board of Police do execute and cause 
to be executed all the orders of this Board, unless the contrary 
shall be specially ordered, including these orders and the other 
several orders already and those hereafter to be made ; and all per- 
sons are hereby forbidden to interfere with or obstruct said inspection, 
examination, or execution. 
Duty of Health 
Inspectors. 
Duty of Board of 
Police. 
Sec. 12. That no person, officer, or Board within said district 
(except this Board or its proper officers, and as its regulations shall 
Bill of Health. 
N. Y. H. Laws, p. 
41. 6 
Valentine's Laws 
N. Y., p. 445. 
provide), shall grant, sign, or ,deliver any Certificate or "Bill of 
Health." 
Registry of mar- 
riages, births, 
and deaths. 
Chap. 659, Laws 
of 1853. 
Chap. 74, Laws 
of 1866, §813 and 
18. 
Sec. 13. That every clergyman, magistrate, and other person who 
may perform a marriage ceremony, shall make and keep a registry of 
the marriage celebrated, and therein enter the full names of the par- 
ties married, and the residence, age, and condition of each : and every 
physician, midwife, and other person who may professionally assist or 
advise at any birth, shall make and keep a registry of every such 
birth, and therein enter the time and place, ward, and street number 
of such birth, and the sex and color of every child born, and the 
names and residence of each of the parents (so far as the foregoing 
facts can be ascertained); and every physician and professional ad- 
viser who has attended any person at a last illness, or has been 
present by request at the death of any person, shall make and pre- 
serve a registry of such death, stating the cause thereof, and specifying 
the date, hour, place, and street number of such death. 
Report of births, 
marriages, and 
deaths to be 
made. 
Sec. 14. That it shall be the duty of every person mentioned in 
the last section, or required to make or keep any such register, to 
present to this Board a copy of such register, signed by such person, 
or a written statement, by him signed, of all the facts in said register 
required to be entered, within five days after the birth or marriage, 
and within thirty-six hours after the death of any person to whom 
such registry may or should relate. 
Officers, etc., to 
report births, 
deaths, and mar- 
riages. 
Sec. 15. That every clerk,, officer, and person within said District, 
required by the one hundred and fifty-second (152) chapter of the 
Laws of 1847, or by the three hundred and eightieth (380) chapter 
of the Laws of 1864, to make or preserve any entry, registry, record, 
or certificate, as to births, deaths, or marriages, shall send, or cause to 
be sent, to this Board, within five days after knowledge of the birth, 
death, or marriage, a full and true statement in writing, containing all 
the particulars in respect thereto (so far as reasonably ascertainable), 
which, in any other section hereof, are required to be stated by any 
person relative to any birth, death, or marriage. 
Sec. 16. That every person therein referred to shall perforin the 
acts required in the following provisions of the section 13 of chapter 
74 of the Laws of 1866, to wit: 
Whose duty to 
report deaths and 
births. 
" 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 7 
"death, and of the person occupying or living in any house or 
" premises in or on which any person may die, and of the parents of 
" any child born in said District (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 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 sex 
" and color of such child born, and the names of the parents, and the 
"age, color, nativity, last occupation, and cause of death of such 
"deceased person, and the ward and street, and place of such person's 
" death and last residence." 
Sec. 17. At least two hours before the holding of any inquest, 
within the counties of New York or Kings, upon a dead body, the 
coroner who has been notified of any death, or who may propose or 
intend to hold such inquest, shall transmit and cause to be delivered 
to the Sanitary Superintendent a written notice containing the follow- 
ing facts, so far as known or reported to any such coroner: 
Duty of Coroners 
of New York and 
Kings Counties to 
report. 
1. The fact of any such call for the holding of an inquest, and by 
whom made, and when and from whom received by the coroner. 
2. The place (giving the street and street number, and if there be 
none, then other particulars) where the body is. 
3. What is reported to be the cause of the death. 
4. When and where the death took place, and where the body has 
since been. 
5. When and where he proposes to hold the inquest, giving the 
street, the street number, and the hour. 
G. What physician, or physicians, or other professional person last 
attended such deceased person, or attended such person within forty- 
eight hours of such decease. 
And all such returns, reports, and notices in and for the County of 
Kings, shall be made or given to the Assistant Sanitary Superin- 
tendent in Brooklyn. 
At any time after the commencement of any inquest, the coroner 
holding, or who should hold, or who held such inquest, shall within 
twelve hours after the receipt of a written request so to do from the 
Sanitary Superintendent, or in Brooklyn the Assistant Sanitary 
Superintendent, answer in writing such of the following or such other 
questions as may be propounded to him by the Superintendent or 
Assistant Superintendent, to the best of his knowledge, information, 
and belief. 
What report to 
contain. 
Reports in Kings 
county. 
Further facts on 
request. 8 
Form of report. 
Report of Coroner [here insert coroner's name] upon the body of 
[here fill in name or description of deceased], on the [here fill in year, 
month, and day], at [here mention street number and city]. 
1. What was the age, sex, and last occupation, residence, and na- 
tivity of such deceased person ? 
2. At what house or place, and in or near what street or avenue, at 
what number therein, did such deceased person die ? 
3. If such person died of any poison, when and where was the 
same administered, and what was the kind of poison ? 
4. If such person died of violence, when and where was the same 
committed, and upon what part of the body and organs, and of what 
did it consist ? 
5. If such person died of any other cause, state such cause, and 
when and where the cause took effect upon, or was received by the 
deceased ? 
6. Who was last in care of or with such deceased person, and at 
what place and at what time before death, and when, giving the full 
name and residence of each such person ? 
7. What was the name and residence of the physician and persons 
who last attended, and of each physician and person who within 
forty-eight hours of such death attended upon such deceased person, 
and where did he so attend; and whether said physician was notified, 
or attended and was examined at such inquest ? 
8. The times, places, and dates of holding the inquest, and the 
names and residences by street number of the jurors and witnesses 
that attended, and dates of their attendance, and when and where the 
body of the deceased was present at such inquest ? 
9. Was any post-mortem examination made, and if so, when, where, 
and by whom, and who was present thereat ? 
It shall be the duty of all coroners in said District to make 
return to this Board of all inquisitions by them taken, except when, 
by law, such inquests are required to be filed elsewhere, and such re- 
turn shall include the evidence taken on such inquest, and the verdict 
of the jury, and the full names and residences of the several jurymen 
And in all cases where the inquest may be required by law to be 
filed elsewhere, such coroner shall make return to this Board of a 
copy of such inquest, including a copy of such evidence and verdict; 
and all such returns shall be made within forty-eight hours after the 
holding of any and every inquest. 
Return of inqui- 
sitions to be 
made by all cor- 
oners. 
Copy-of inquisi- 
tion in cases of 
homicide, etc. 9 
■ Sec. 18. That it shall be the duty of every person who has discov- 
ered or seen the body of a dead human being, or any part thereof (if 
there is reason for sucl^ person to think that the fact of the death, or 
the place of such body, or part thereof, is not publicly known), to 
immediately communicate to this Board the fact of such discovery of 
such body, the place where and time when the same was discovered 
or seen, and where the same is or may be found, and any facts known 
by which said body may be identified, or the cause of death ascer- 
tained. 
Dead body to he 
reported.; 
Sec. 19. That the word "physician shall include dentists, and every 
other person who practices about the cure of the sick or injured, or 
who has the charge of, or professionally'prescribes for, any person sick, 
injured, or diseased; that the phrase "contagious disease" shall be 
held to include all persons sick, affected, or attacked by or of a disease 
of an infectious, contagious, or pestilential nature (more especially, 
however, referring to the cholera, yellow fever, small-pox, diphtheria, 
ship, or typhus, typhoid, spotted, and scarlet fevers), but also including 
any new disease of an infectious, contagious, or pestilential nature, and 
also any other disease publicly declared by this Board dangerous to the 
public health ; and every physician in said District shall at all times 
cause his or her name, office, and residence, and also his or her kind 
and class of practice, to be registered with this Board, and in a man- 
ner according to its regulations. 
Meaning of 
"physician." 
Laws 1863, Ch. 
358, § 11. 
Laws 1850, Ch. 
275, tit. 3, § 34. 
Laws 1867, Ch. 
956,§ 3. 
Meaning of "con- 
tagious disease." 
Physicians to re- 
port names and 
address. 
Sec. 20. That every physician shall report to this Board in writing 
every person (and the state of his or her disease, and his or her place 
of dwelling and name, if known) which such physician has prescribed 
for, or attended for the first time, having a contagious disease, during 
any part of the preceding twenty-four hours; but not more than two 
reports shall be required in one week concerning the same person; but 
every attending or practicing physician thereat must, at his peril, see 
that such report is or has been made by some attending physician. 
Physicians to re- 
port persons sick 
with contagious 
diseases. 
H. Laws N. Y., p 
35. 
Brooklyn Laws, 
p. 122, § 5. 
Sec. 21. That every keeper of any boarding-house or lodging-house, 
and every inn-keeper and hotel-keeper, shall, within twenty-four 
hours, report in writing to this Board the same particulars in the last 
section required of any physician concerning any person being at any 
of the aforesaid houses or hotels, and attacked with any contagious 
disease. 
Hotel-keepers, 
etc., to report. 
H. Laws N. Y., 
pp. 35, 36. 
Sec. 22. That the commissioners, managers, principal, or other institutions to 
° 5 ; report. 
proper head officer of each and every public or private institution m h. Bin, § 24. 10 
said District shall twice in each week report in writing (or cause 
such report by some proper and competent person to be made twice 
in each week) to this Board, and state therein the name, if known, 
and condition, and disease of any and every person being thereat, and 
sick of any contagious disease. 
Masters of ves- 
sels to report. 
H I*iws N. Y., p. 
36, § 12. 
Sec. 23. That the master, chief officer, and consignee, or one of 
them, of every vessel, not being in quarantine, or within quarantine 
limits, but being within one-fourth of a mile of any dock, wharf, 
pier, or building in any city, village, or town in said district, shall 
daily report to this Board, or cause to be reported, in writing, the 
particulars, and shall therein state the name, disease, and condition 
of any person being in or on such vessel, and sick of any contagious 
disease. 
Duty to report 
persons sick of 
contagious dis- ■ 
eases. 
H. Laws N. Y., p. 
35. 
Sec. 24. That it shall be the duty of every person knowing of any 
individual in said District sick of any contagious disease (where 
such person shall have reason to regard such individual as neglected 
or not properly cared for, to avoid giving said disease to others), and 
the duty of every physician hearing of any such sick person, who he 
shall have reason to think requires the attention of this Board, to 
at once report the facts to this Board in regard to the disease, con- 
dition, and dwelling-place or position of such sick person. 
Persons sick of 
contagious dis- 
eases not to be a 
removed or ex- 
posed. 
H. Laws N. Y., 
pp. 32, 33, 34. 
Sec. 25. That no person shall, within the built-up portions of any 
city or village, without a permit from this Board, carry or remove from 
one building to any other, or from any vessel to the shore, any person sick 
of any contagious disease, except that, outside of the built-up portions 
of the cities of New York or Brooklyn, such removal from any build- 
ing may be made pursuant to the written consent of a physician 
in regular practice, or of an inspector of this Board. Nor shall any 
person, by any exposure of any individual sick of any contagious 
disease, or of the body of such person, or by any negligent act con- 
nected therewith, or in respect of the care or custody thereof, or by a 
needless exposure of himself, cause or contribute to or endanger the 
spread of disease from any such person or from any dead body. 
No person sick of 
contagious dis- 
ease to be re- 
moved from ves- 
sels. 
Laws Brooklyn, 
pp. 122, 123. 
H. Laws N. Y., p. 
36. 
Sec. 26. That no captain, officer, consignee, owner, or other person 
in charge of any vessel (or having right and authority to prevent the 
same) shall remove or aid in removing from any vessel to the shore 
(save as legally authorized by the Health Officer of the port of New 
York, and into quarantine grounds or building only) any person sick 
of, or person that has been exposed to and is liable very soon to 11 
develop any contagious disease, nor so remove or aid in removing any 
articles that have been exposed to the contagion of any such disease, 
except in accordance with a permit of this Board, or with its special 
regulations. 
Nor articles ex- 
posed to conta- 
gion. 
Sec. 27. That the keeper, lessees, tenants, and owners of every 
boarding-house and lodging-house shall, within six hours after the 
fact shall come to his or her or their knowledge, notify this Board in 
writing of the fact of any seafaring man or person lately from any 
vessel being taken sick at such house, and shall in such notice state 
where such sick person may be found, and from what vessel, and when 
he came, to the best of the knowledge of the person giving such 
notice. 
Boarding and 
lodging-house 
keepers to report 
sick persons. 
Laws Brooklyn, 
p. 122, § 6. 
H. Laws N. Y., 
pp. 35, 36. 
Sec. 28. That no parent, master, or custodian of any child or minor 
(having power and authority to prevent) shall permit any such child or 
minor to be unnecessarily exposed, or to needlessly expose any other 
person, to the taking or to the infection of any contagious disease. 
Children and mi- 
nors not to be ex- 
posed to disease. 
H. Laws N. Y., p. 
31, § 5. 
Sec. 29. That every person, being the parent or guardian, or hav- 
ing the care, custody, or control of any minor or other individual, 
shall (to the extent of any means, power, and authority of said parent, 
guardian, or other person, that could properly be used or exerted 
for such purpose) cause and procure such minor or individual to be so 
promptly, frequently, and effectively vaccinated, that such minor or 
individual shall not take, or be liable to take the small-pox. 
Obligation to vac- 
cinate. 
H. Bill, § 16. 
Sec. 30. That the Health Officer of the Port of New York, his 
assistants and deputies, shall at all times keep this Board informed, 
by weekly written reports, of the number of vessels in Quarantine, 
of the number of persons sick in the floating or other hospitals thereat, 
and of the diseases with which they are severally afflicted ; he and 
they shall also receive into the floating hospital all cases of yellow 
fever found in this District; he or they shall not send or allow to 
return to the vicinity of any city, village, or town in this District, 
without the permit of this Board, any person, vessel, or article which 
this Board has ordered to Quarantine. 
Health Officer to 
report vessels, 
persons sick, etc. 
Laws 1863, pp. 
580,585, §§27,45. 
Laws 1857, p. 
832 ch. 412, § 1, 
Laws 1863, ch. 
358, § 46. 
Raws 1854, p. 
893, § 4. 
H. Laws N. Y., p. 
19, § 5. 
Sec. 31. That no master, charterer, consignee, or other person, 
shall order, bring, or allow (having power and authority to prevent) 
any vessel or person, or article therefrom, from any infected port, 
nor any vessel, or person, or article therefrom liable to quarantine, 
according to the ninth section of the three hundred and fifty-eighth 
Vessels, persons, 
etc., from infect- 
ed ports not to 
land without per- 
mit. 
Same laws as 
last section 12 
chapter of the Laws of 18G3 (or under any other laws, and whether 
such quarantine has been made or suffered, or not), to come or be 
brought to any point nearer than three hundred yards of any dock or 
pier, or to any building on the shore of any city or village of said 
District, without or otherwise than according to the permit of this 
Board. Nor shall any vessel, or person or thing therein or therefrom, 
having been in quarantine, come or be brought within the last- 
named distance of any last-named place, without the permit or assent 
of this Board. 
Articles or per- 
sons from infect- 
ed port or vessel. 
H. Laws N. Y., 
pp. 13,14, 15, 16. 
19. 
Laws Brooklyn, 
pp. 123, 124. 
Sec. 32. That no person bshall bring into any city, or into any 
village of this District, from any infected place or land, or take 
therein from any vessel lately from any infected port, or from any 
vessel or building in which had lately been any person sick of a con- 
tagious disease, any article or person whatsoever, nor shall any such 
person land or come into any such village or city without a permit of 
this Board ; and it shall be no excuse that such person or article so 
offending, or the occasion of offence, has passed through quarantine, 
or nas a permit from any other source than this Board. 
Notice of persons 
sick on vessels. 
H. Laws N. Y p. 
31, subd. 5. 
Sec. 33. That every master, charterer, owner, part owner, and 
consignee of any vessel or of the cargo thereof which shall be in any 
water in said District, unless detained in quarantine, shall at once 
give, or cause to be given, to this Board, written notice of any in- 
fected article or person, and of every person sick of a contagious 
disease, being or having within ten days been on board said vessel; 
and also of each and every fact and thing relative to said vessel, sick 
person, or cargo, or to the crew of such vessel, which any of the first 
mentioned persons shall have reason to think may be useful for this 
Board to know, or be or become dangerous or prejudicial to life or 
health in said district. 
Cotton to be re- 
ported. 
H. Law's N. Y.,p. 
38, § 24. 
Sec. 34. That every master, owner, charterer, part owner, and 
consignee of any vessel that shall bring any cotton into this District 
between the first day of May and the first day of November of each 
year, shall at once report to this Board, or cause to be made in 
writing a report of the fact of any such cotton being in a dangerous, 
infected, or unsound condition, or having been exposed to any infec- 
tion. 
Sec. 35. That no master, charterer, owner, part owner, or con- 
signee of any vessel, ,or any other person, shall bring to any dock, 
pier, wharf, or building within one thousand feet thereof, in said 
District, or unload at any dock, building, or pier therein, or have on 
Skins, hides, 
rags, etc., arriv- 
ing not to be un- 
loaded except by 
permit. 
H. Laws N. Y., 
p. 38,§ 22. 
P 31. subd. 5. 13 
storage in the built-up portion of any city or village of said District, 
any skins, hides, rags, or similar articles or materials, having been 
brought from any foreign country or any infected place, or from any 
point south of Norfolk, Virginia, without or otherwise than according 
to a written permit so to do from this Board ; and no person shall 
sell, exchange, or in any way make exposure of any straw, bedding, 
or othei- articles that have been exposed to the contagion or infection 
of any contagious disease, or have been or are liable to communicate 
such disease, or have lately been on any emigrant vessel, till after the 
same have been adequately cleansed or disinfected. 
Straw, bedding, 
etc., exposed to 
contagion, or 
from emigrant 
vessel. 
Sec. 36. That every master and chief officer of any vessel, and 
every physician of, or who practiced on, any vessel which shall arrive 
in this District from any other port, shall at once report to this 
Board any facts connected with any person or thing on said vessel, or 
that came thereon, which he has reason to think may endanger the 
public health of this District; and he shall report the facts as to any 
person being or having been sick thereon of a contagious disease, and 
as to there being, or having been during the voyage or since her 
arrival, any infected person or articles thereon. 
Officers, etc., of 
vessels to report' 
H. Laws N. Y., p. 
31, subd. 5, 
Sec. 37. That the word " meat," whenever herein used, includes 
every part of any land animal and eggs (whether mixed or not with 
any other substance), and the word " fish" includes every part of any 
animal that lives in water, or the flesh of which is not meat, and the 
word "vegetable" includes every article of human consumption as food, 
which (not being meat, or fish, or milk) is held or offered, or intended 
for sale or consumption as food for human beings, at any place in 
said District; and all fish and meat found therein shall be deemed to 
be therein, and held for such sale or consumption as such food, unless 
the contrary be distinctly proved. 
Meaning of 
" meat," " fish," 
and " vegeta- 
bles." 
Sec. 38. The word " cattle" shall be held to include all animals, 
except birds, fowl, and fish, of which any part of the body is used as 
food ; the word " butcher" shall be held to include whoever is engaged 
in the business of keeping, driving, or slaughtering any cattle, or in 
selling any meat; the words " private market" shall include every 
store, cellar, stand, and place (not being part of a public market) at 
which the business is the buying, selling, or keeping for sale, of meat, 
fish, or vegetables for human food. 
Meaning of " cat- 
tle," " butcher," 
etc., etc. 14 
Butchers re- 
quire permits. 
H. Laws N. Y., p. 
31, § 2. 
Brooklyn Laws, 
p. 15. 
H. Bill, § 20. 
Sec. 39. That no person shall become, or continue, or engage as, 
or in the business of, a butcher, at or in any public or private market 
or stand in the cities of New York or Brooklyn, in said District, 
without a permit therefor from this Board. 
Unhealthy meat, 
etc., not to be 
brought into dis- 
trict. 
Sec. 40. That no meat, fish, birds, or fowls, or vegetable, nor any 
milk, not being then healthy, fresh, sound, wholesome, and safe for 
human food, nor any meat or fish that died by disease or accident, 
shall be brought within any city or village of said District, or offered 
or held for sale in any public or private market, as such food, any- 
where in said District. 
Asre of animals 
whose meat is * 
sold. 
Sec. 41. That no calf, pig, or lamb, or the meat thereof, shall be 
brought, held, or offered for sale, as such food, in said District, which, 
at the date of its death (being a calf), was less than four weeks old ; 
or (being a pig) was, when killed, not more than five weeks old; or 
(being a lamb), was, when killed, not more than eight weeks old. 
Nor shall any meagre, sickly, or unwholesome fish, birds, or fowls be 
bought, held, sold, or offered for sale, as such food, in said District. 
Cattle overheat- 
ed or diseased 
not to be killed. 
Sec. 42. That no cattle shall be killed for human food while in an 
overheated, feverish, or diseased condition ; and all such diseased 
cattle, in the cities of New York and Brooklyn, and the place where 
found, and their disease, shall be at once reported to this Board by 
the owner and custodian thereof, that the proper order may be made 
relative thereto, or for the removal thereof from said cities. 
Keeping and 
slaughtering of 
animals to be in 
best manner. 
Sec. 43. The keeping and slaughtering of all cattle, and the pre- 
paration and keeping of all meat and fish, birds and fowls, shall be in 
that manner which is, or is generally reputed or known to be, best 
adapted to secure and continue their safety and wholesomeness as food. 
That on and after the fifteenth day of June, 18G7, neither the slaugh- 
tering nor the driving of cattle shall be permitted or conducted at any 
place in the city of New York south of Forty-second street; nor shall 
the slaughtering of cattle be conducted at any place in the city of New 
York north of said street, nor at any place in the city of Brooklyn, 
without a special written permit from this Board. 
No cattle to be 
slaughtered 
south of Forty- 
second street, 
New York. 
Sec. 44. That no cattle shall be placed or carried while bound or 
tied by their legs, or bound down by their neck in any vehicle in any 
city or village of said District, but shall be allowed freely to stand in 
such vehicle when transported, and while being therein. 
Cattle not to be 
tied by legs, etc. 15 
Sec. 45. That no cattle, hogs, or sheep shall be driven (where allowed 
at all) in the generally built-up- portions of either of the cities of New 
York or Brooklyn, except between the hours of eight of the evening 
and one hour after sunrise of the next morning; nor shall more than 
twenty cattle, or more than one hundred hogs, or more than one hun- 
dred and fifty sheep, be driven together ; and they shall be driven in 
streets and avenues (leading toward their destination) where they will 
least endanger the lives of human beings, as the Board may designate. 
Driving cattle, 
sheep, and hogs 
m New York and 
Brooklyn. 
Sec. 46. That no cattle shall be kept in any place of which the 
water, ventilation, and food is not sufficient and wholesome for the 
preservation of their health, safe condition, and wholesomeness for 
food. 
Cattle to be kept 
in healthy place. 
Sec. 47. That every butcher and milk dealer, and their agents, 
shall allow the parties authorized by this Board to freely and fully 
inspect their cattle and meats, fish and vegetables,' held, offered, or 
intended for sale, and will be expected to answer all reasonable and 
proper questions asked by such persons relative to the condition 
thereof, and of the places where such articles may be. 
Butchers, etc., to 
allow meats to be 
examined. 
Sec. 48. That it shall be the duty of every person knowing of any 
fish, meat, fowl, birds, or vegetables being bought, sold, or offered, or 
held for sale as food for human beings, or being in any market, pub- 
lic or private, in said District, and not being sound, healthy, or whole- 
some for such food, to forthwith report such facts, and the particulars 
relating thereto, to this Board, or to one of its officers or inspectors. 
Unsound food, 
etc., to be 
reported. 
Sec. 49. That no meat or dead animal, above the size of a rabbit, 
shall be taken to any public or private market for food until the same 
shall have fully cooled (and all blood shall have ceased dripping there- 
from) after its killing, nor until the entrails, head (unless the same be 
skinned), hide, horns, and feet shall have been removed. Nor shall 
gut-fat, or any unwholesome or offensive matter or thing, be brought 
to or near any such market. 
Food not to be 
taken to markets 
till cool. 
Gut-fat, etc., 
not to be brought 
to markets. 
Sec. 50. That no decayed or unwholesome vegetables shall know- 
ingly be brought into said District to be consumed or offered for sale 
for human food, nor shall any such articles be kept or stored therein. 
Decayed or 
unwholesome 
vegetables. 
Sec. 51. That no person shall, without consent of this Board, 
bring into said District for use as a drink for human beings, or offer 
or have for sale in said District, as such drink, any poisonous or dele- 
terious liquid. 
Poisonous or 
deleterious 
liquids. 16 
Unwholesome 
meat, etc., not 
sold under wrong 
names. 
Sec. 52. That no meat, fish, vegetables, or milk, or unwholesome 
liquid, shall knowingly be bought, sold, held, offered for sale, labelled, 
or any representation made in respect thereof under a false name or 
quality, or as being as what the same is not as respects wholesome- 
ness, soundness, or safety for food or drink. 
Meat cased, 
blown, etc., not 
to be kept or sold. 
Sec. 53. That no cased, blown, plaited, raised, stuffed, putrid, im- 
pure, or unhealthy or unwholesome meat or fish, birds or fowl, shall be 
held, bought, or sold, or offered for sale for human food, or held or 
kept in any market, public or private, or any public place in said 
District. 
Stalls, etc., to be 
kept in clean and 
wholesome con- 
dition. 
Sec. 54. That every person, being the owner, lessee, or occupant of 
any room, stall, or place where any meat, fish, or vegetables, designed 
oi' held for human food, shall be stored or kept, or shall be held or 
offered for sale, shall put and keep such room, stall, and place, and its 
appurtenances, in a cleanly and wholesome condition; and every per- 
son having charge, or interested or engaged, whether as principal or 
agent, in the care, or in respect to the custody or sale of any meat, 
fish, birds, fowl, or vegetables, designed for human food, shall put 
and preserve the same in a cleanly and wholesome condition, and 
shall not allow the same, or any part thereof, to be poisoned, infected, 
or rendered unsafe or unwholesome for human food. 
Sec. 55. That every butcher and every person owning, leasing, or 
occupying any place, room, or building where any cattle have been or 
are killed or dressed, and every person, being the owner, lessee, or 
occupant of any room, stable where any cattle may be kept, or mar- 
ket, public or private, and having power and authority so to do, shall 
cause such place, room, building, stall (and market, being private), 
and their yards and appurtenances, to be thoroughly cleansed and 
purified, and all offal, blood, fat, garbage, refuse, and unwholesome or 
offensive matter to be therefrom removed, at least once in every 
twenty-four hours after the use thereof for any of the purposes herein 
referred to ; and shall also, at all times (unless some public authority 
prevents), keep all wood work, save floors and counters, in any build- 
ing, place, or premises 'aforesaid, thoroughly painted or whitewashed. 
Slaughter-houses 
and majkets to 
be kept clean, j 
Offal, blood, etc. 
to be removed. 
Cattle not to be 
slaughtered or 
dressed in street. 
Sec. 56. That no cattle shall be slaughtered, dressed, or hung, or 
the meat or any part thereof within any city of said District, wholly 
or partly within any street, avenue, or sidewalk, or public alley or 17 
place; nor shall any blood, or dirty water, or other substance from 
such cattle, meat, or place of killing, or the appurtenances thereof, be 
allowed to run, fall, or to be in any such street, avenue, sidewalk, 
alley, or place. 
Blood or water 
from slaughter- 
house not to run 
into street. 
Sec. 57. That no building occupied as a slaughter-house, or any 
part thereof, or any building on the same lot, shall, without a special 
permit from this Board, be occupied for a dwelling or lodging place; 
that every such building shall at all times be kept adequately and 
thoroughly ventilated; that no blood shall be allowed to remain 
therein ovei- night; that adequate underground connections shall be 
made from every such building with a public sewer, and the floor of 
such building on which the slaughtering is done, and the yard, shall 
be cemented and paved so as not to absorb blood, and so as to carry 
all liquid into the sewers. 
Construction of 
slaughter-houses. 
Sec. 59. That upon any cattle, meat, birds, fowl, fish, or vegetables 
being found by any inspector or other officer of this Board, in a 
condition which is in his opinion unwholesome and unfit for use as 
human food, or in a condition or of a weight or quality in these 
ordinances condemned or forbidden, he shall cause the same to be 
examined by two reputable persons, reasonably competent to judge 
in respect thereto, whom he may conveniently find; and if both said 
persons disagree with him in opinion in respect thereto, he shall take 
no action, and give no order relative to the same, till he has been 
instructed by the Sanitary Superintendent or his assistant; and if one 
or both of said persons agree with him in respect to said articles, then 
such inspector or officer may forbid the same being offered or exposed 
for sale, or being sold, for human food, till the owner or party in 
charge or other proper person has obtained the consent of the Sanitary 
Superintendent or the Assistant Superintendent, or of this Board to 
their being so offered, used, or sold. And if both such persons agree 
with him in opinion, he may order the same to be removed; and there- 
upon, or if said Superintendent or the Assistant Superintendent, or this 
Board shall have approved the judgment of said inspector, it shall be 
the duty of the owner and party in charge to speedily remove such 
articles from any market, street, or public place, and not to sell or 
dispose, or offer to sell or dispose thereof for the purpose of human 
food. And in default of such removal, and also in case of disobedi- 
ence to such order, and also in all cases where, in his opinion, such 
articles, by reason of their being in a decayed or offensive condition, 
would, if allowed longer- to remain, be dangerous to health, the same 
fas this Board mav nrovidnl mav ho nansp.d tn b > romnvMi hv anv 
Meat, etc., unfit 
for food, how 
treated. 
H. Laws N. Y., 
pp. 33, 34. 
Laws Brooklyn, 
p. 354 and p. 124. 18 
inspector, police officer, or officer of this Board, to some suitable 
place, at the expense of the party who should have removed the 
same, and the owner and party in interest must take notice thereof. 
Sec. 60. That neither the business of slaughtering cattle, nor the 
keeping of any slaughter-house, nor the yarding of cattle, shall be 
begun or undertaken at any new or additional place within the cities 
of New York or Brooklyn, except pursuant to a permit from this 
Board ; nor shall any person or corporation keep any slaughter-house 
or yard, or any cattle therein, hereafter, without a permit from this 
Board. 
Slaughter-houses 
and cattle-yards 
require permits. 
Laws Brooklyn, 
pp. 15, £53, 355. 
Animals not to be 
killed or offensive 
articles kept in 
markets. 
Sec- 61. That no person shall kill or dress any animal or meat in 
any market, noi' have, or permit to escape therein, or within one hun- 
dred feet thereof, any poisonous, noxious, nauseous, or offensive 
substance. 
Refrigerators 
in markets. 
Sec. 62. That no butcher or dealer shall keep in any market any 
refrigerator or ice-box, unless the same shall be lined with lead or 
some proper metallic substance, so as to be water-tight, nor unless the 
same be provided with a pipe of lead, zinc, or copper leading there- 
from to the nearest gutter or proper waste pipe. 
Sidewalks not to 
be occupied. 
Sec. 63. That no person engaged in the selling or keeping for sale 
of any fish, meat, birds, fowl, or vegetables, shall, without a permit 
from this Board, occupy or encroach upon any portion of any street 
or sidewalk, or public place in the cities of New York or Brooklyn. 
That no person shall, in the built-up portion of New York or 
Brooklyn, or adjacent thereto, sell or have for sale any fish in or from 
any vehicle or in any street or public place, from which all parts 
which are not usually cooked for food have not been removed. 
Parts of fish to 
be removed. 
Meaning of 
" street," " pub- 
lic place." 
Sec. 64. That the word " street," when used in these ordinances, 
shall be held to include avenues, sidewalks, gutters, and public alleys; 
and the words " public place" shall be held to include parks, piers, 
docks, and wharves, and water and open spaces thereto adjacent, and 
also public yards, grounds, and areas, and all open spaces between 
buildings and streets, and in view of such streets ; the word "ashes" 
shall be held to include cinders, coal, and everything that usually re- 
mains after fires; the word " rubbish" shall be held to include all the 
loose and decayed material and dirt-like substance that attends use or 
decay, or which accumulates from building, storing, or cleaning ; the 
word " garbage" shall be held to include every accumulation of both 
"Ashes." 
" Rubbish." 
" Garbage." 19 
animal and vegetable matter, liquid or otherwise, that attends the 
preparation, decay, and dealing in or storage of meats, fish, fowls, 
birds, or vegetables; and the word " dirt" shall be held to mean 
natural soil, earth, and stone. 
"Dirt." 
Sec. 65. That no part of the contents of or substances from any 
sink, privy, or cesspool, nor any manure, ashes, garbage, rubbish, or 
dirt, shall be by any person flung or allowed to run or drop into or 
remain in any street or public place, except as herein elsewhere 
specified; nor shall the same be thrown or allowed to fall or run into 
the North or East rivers, save through the proper underground 
connection. 
Contents of 
privies, manure, 
etc., not to be 
thrown into 
street or river. 
Sec. 66. That no swill, brine, urine of animals or other offensive 
animal nuisance, nor any stinking, noxious liquid, or other filthy 
matter of any kind, shall by any person be allowed to run or fall from 
or out of any building, vehicle, or erection into or upon any street or 
public place, or be taken or put therein, save as herein elsewhere 
provided. 
Liquid filth not to 
run on sidewalk 
Sec. 67. That no person shall deposit upon any street or public 
place within the generally built-up portion of New York or Brook- 
lyn, or upon any paved street, any dirt or brick, or other material or dirt 
taken from any ground therein, in such manner as to occupy more 
than one hundred square feet of surface of any street or place (and 
the same shall be compact and at one side), nor allow the same to 
remain more than twelve hours, without a permit from this Board, 
or unless such occupancy shall be otherwise duly authorized by para- 
mount authority. Nor shall any such substance be so deposited or 
allowed to remain by any person as to obstruct the free flowage along 
any gutter. 
Dirt, brick, etc., 
in street. 
H. Laws N. Y. 
pp. 121,122, 124, 
125. 
Sec. 68. That it shall be the duty of every owner, tenant, lessee, 
and occupant of any and every building or place of business in the 
generally built-up portions of the cities of New York and Brooklyn, 
within forty days after the publication hereof, to provide or cause to 
be provided, and at all times thereafter to keep and cause to be kept 
and provided, within such building or place of business, a suitable 
and sufficient box, barrel, or tub, and several thereof, if needful, for 
receiving and holding, without leakage, and without being filled to 
within four inches of the top thereof, all the ashes, rubbish, garbage, 
and liquid substances of whatever kind that may accumulate during 
thirty-six hours from said building or place of business, or the portion 
Receptacles for 
garbage, etc., to 
be provided. 
H. Laws N. Y. 
p. 123. 
Brooklyn, 
pp. 341, 342. 20 
thereof of which such person may be the owner, tenant, lessee, 
or occupant; and every such box, barrel, and tub designed to hold 
ashes, shall be made of or lined with some suitable metal; and 
all ashes, rubbish, garbage, and liquid substances that should be 
removed from such building and place of business, or from that part 
for which said receptacles were provided (and none other, without the 
proper consent), shall be placed therein, and no such box, barrel, or 
tub shall remain on any sidewalk or in any public place longer than 
may be needful for the removal of the contents thereof. 
Ashes, garbage, 
etc., to be 
removed. 
Where garbage 
boxes kept. 
Sec. 69. That such boxes, tubs, and barrels shall be placed and 
kept in such position (unless kept within or upon private grounds, 
within the sidewalks) as the inspectors or agents of this Board shall 
provide or the police direct; and no person, not for that purpose 
authorized, shall interfere therewith, or with the contents thereof. 
Garbage, etc., 
may be delivered 
directly to carts. 
11. Laws N. Y., 
p. 122, § 11. 
Sec. 70- That all occupants, so preferring, may deliver their ashes, 
garbage, and rubbish directly to the proper carts, to be taken away 
at any hour of the day when said carts may be present; and said 
carts may take such articles from receptacles delivered at atty such 
hour; provided, that such garbage or rubbish be not highly filthy or 
offensive; and in the latter case, the same shall not be so delivered or 
received during the period from sunrise of any day till ten o'clock of 
the evening of the same day. 
Unless highly 
offensive. 
Lime, coal, etc., 
not sifted, etc., 
in street. 
H. Laws N. Y., 
p. 122. 
Sec. 71. That no lime, ashes, coal, dry sand, hair, feathers, or other 
substance that is in a similar manner liable to be blown by the wind, 
shall be sieved or agitated or exposed, nor shall any mat, carpet, or cloth 
be shaken or beaten, nor any cloth, yarn, garment, or material or sub- 
stance be scoured, cleaned, or hung, nor any business be conducted over 
or in any street or public place, or where it, or particles therefrom, or 
set in motion thereby, will pass into any such street or public place, 
or into any occupied premises. That neither any usual nor any 
reasonable precaution shall be omitted by any person to prevent 
fragments or other substances from falling, to the peril of life, or dust 
and light material flying into any street, place, or building, from any 
building or erection, while the same is being altered, repaired, or 
demolished, or otherwise. 
Sec. 72. That every person who shall have paved, or caused to be 
paved, any street or place, shall cause all rubbish, dirt, and whatso- 
ever else he has deposited, or allowed to be deposited on such pave- 
ment, to be removed from the several parts of such pavements within 
Persons paving 
streets to remove 
rubbish, etc. 
H. Laws N. Y., 
p. 129. 21 
five days from the time of the same being deposited thereon. And 
every person who has removed any flag-stone, curb-stone, pavement- 
stone, or other stone, or dirt or iron in or from any street, sidewalk, 
or place, for the purpose of repairs, or for the purpose of paving, 
flagging, or curbing, or repairing, re-curbing, or re-flagging, or mak- 
ing any repairs or changes, or otherwise, shall cause the same or a 
proper substitute therefor to be placed or replaced and completed as 
soon as the same can reasonably be done. 
Pavement, etc., 
when removed 
to be replaced. 
Sec. 73. That no owner, part owner, tenant, or occupant of any 
building or erection shall allow any part thereof, or any substance 
therein, or anything thereto attached, and which any such person 
can control or remove, to continue or remain in a position or condi- 
tion that shall imperil the life or safety of any person thereat 
or therein, or who is or may properly be in any street or place. 
No building to be 
left so as to en- 
danger life in 
street. 
Sec. 74. That no person shall take, carry, expose, or place (or 
induce any other person so to do) in or upon any street or public 
place, any substance, animal or thing, which shall imperil the life 
or health of any person who is or may properly be in such street or 
place. 
Nothing injuri- 
ous to health to 
be exposed in 
street. 
Sec- 75. That no person being owner, lessee, or tenant of any 
house or building, shall allow any water or other liquid to run from or 
out of his building or ground, upon or across any sidewalk or curbstone, 
and if such substance is allowed to pass upon any street it must reach 
the same by a passage, to be kept at all times adequate and in repair 
by such person, under or through such flagstone or curbstone; and 
no such water or other liquid, or ice therefrom, shall be allowed to 
gather or remain on the upper surface of such curb, flagstone, or pas- 
sage ; nor shall such person allow any accumulation of such water or 
liquid, or the ice therefrom, upon any street or place, but shall, at 
all times, cause the same to be removed, or to pass along the gutter 
or some proper passage to one of the rivers or into a sewer. 
Water, etc., not 
to run on 
sidewalk. 
H. Laws N. Y., 
pp. 130, 131, 
§§ 33, 37. 
Sec. 76. That no butchers' offal or garbage, nor any dead animals, 
nor any putrid or stinking animal or vegetable matter, shall be thrown 
by any person or allowed to go into any street, place, sewer, or receiv- 
ing basin, or into any river or standing or running water or excava- 
tion, or upon the ground or premises of any other person in the built- 
up portions of said District. 
Offal or garbage 
not to be thrown 
in street, sewer, 
etc. 22 
Person cleaning 
street to clean 
gutters. 
H. Laws N. Y., 
p. 163; § 13. 
Sec. 77. That every person, when cleaning any street, shall clean, 
and every contractor shall cause to be cleaned, the gutters and parts 
of the streets along which the water will run, before using any water 
to wash the same; and no substance that could be before scraped 
away shall be washed or allowed to be carried or be put into the 
sewer, or into any receptacle therewith connected. 
Public reservoirs 
water-pipes, etc., 
not to be defiled. 
H. Laws N. Y., 
pp. 163, 164, 166. 
Sec. 78. That no person shall throw, or allow to run or pass into 
any public reservoir, water-pipe, or aqueduct, or into or upon any bor- 
der or margin thereof, or excavation or stream therewith connected, 
any animal, vegetable, or mineral substance whatever; nor shall any 
person allow the same to be done (having power and right to prevent 
the same) ; nor shall any person do or permit to be done (having right 
or power to prevent the same), any act or thing that will impair or 
peril the purity or wholesomeness of any water or other fluid used or 
designed as a drink in any part of said District; nor shall any person 
bathe (nor except in the discharge of a public duty, put) any part of 
his person into such water; nor shall any unauthorized person open 
any erection or unscrew any hydrant holding such water. 
Water to be kept 
pure. 
H. Laws N. Y., 
pp. 162, 163. 
Sec. 79. That it shall be the duty of every person, officer, and 
Board, having any authority and control in regard to any water de- 
signed for human consumption (and within the proper sphere of the 
duty of each thereof), to take all usual and also all reasonable meas- 
ures and precautions to secure and preserve the purity and wholesome- 
ness of such water. 
Drains and 
sewers to be 
adequate and i] 
proper. 
Sec. 80. That it shall be the duty of every person using, making, 
or having any drain, soil pipe, passage, or connection between any 
sewer (or with either the North or East Rivers) and any ground, 
building, erection, or place of business, and in like manner the duty of 
the owner and tenant of all grounds, buildings, and erections, and of 
the parties interested in such place of business or the business thereat, 
and in like manner the duty of all Boards, officers, and persons (to the 
extent of the right and authority of each), to cause and require that 
such drain, soil pipe, passage, and connection shall at all times be ade- 
quate for its purpose, and shall convey and allow freely and entirely to 
pass whatever enters or should enter the same. 
Sufficient water 
to flush sewers 
to be used. 
H. Laws N. Y., 
pp. 83, 162, § 25. 
Sec. 81. That it shall be the duty of all Boards, officers, and per- 
sons having power and authority so to do or require (and to the ex- 
tent thereof), to cause to be used sufficient water, and other ade- 
quate means to be taken, so that whatever substances may enter any 23 
sewer shall pass speedily along and from the same, and sufficiently far 
into some water or proper reservoir, so that no accumulations shall 
take place, and no exhalations from thence proceed dangerous or pre- 
judicial to life or health. 
Sec. 82. That the proper officers and authorities shall, to the ex- 
tent of their power and ability, cause the sewers and drainage of all 
cities and villages in said District to be so well located and constructed, 
so adequate in size, and to be so kept in repair and cleaned, and so 
adequately supplied with water, and with such proper arrangements 
and constructions in every particular, that life and health shall not be 
needlessly exposed, or suffer unnecessary peril or detriment by their 
neglect, or by reason of the defects or deficiencies of any sewers or 
drainage, or the want thereof. 
Sewers to be 
properly 
constructed. 
H. Laws N. Y., 
pp. 162,163. 
Sec. 83. That no person shall engage in the business of a scavenger, 
or of transporting manure, swill, ashes, offal, rubbish, or garbage, or 
any offensive or noxious substance, or in driving any cart for such 
purpose, in the cities of New York or Brooklyn (except the persons 
acting under the street cleaning commissioners, or the contractors for 
cleaning the streets, and as this Board may provide), until he shall 
have first received a permit from this Board, of such form and effect as 
the regulations of the Board shall provide, authorizing such person so 
to engage. 
Permits required 
for scavengers, 
carriers of ma- 
nure, offal, 
garbage, etc. 
H. Laws K Y., 
pp. 80, 89, 102. 
Sec. 84. That no person shall empty, or attempt to empty, any 
vault, sink, privy, or cesspool in the cities of New York or Brooklyn, 
except pursuant to a permit therefor first received from this Board. 
Privies, etc., not 
to be emptied 
without permit. 
H. Laws N. Y., 
p. 83, § 26. 
Sec. 85. That no vault, privy, sink, cistern, or cesspool shall 
hereafter be made or rebuilt in the cities of New York or Brooklyn, 
except in accordance with the regulations, and pursuant to a permis- 
sion first obtained from this Board; nor shall any erection or cover 
be made or put upon, or over the same, until the same has been in- 
spected by some person authorized by this Board, and been found to 
correspond to such permit and regulations ; and no privy shall be 
built within two feet of the line of any lot. 
Vaults, privies, 
etc., how built. 
H. Laws N. Y., 
p. 112. 
Laws Brooklyn, 
pp. 351, 352. 
Sec. 86. That no water-closet, sink, tub, vat, or other structure 
shall hereafter be constructed within either the city of New York or 
Brooklyn, having connection with, or by any sewer or underground 
passage, unless the same is provided with adequate, or the best 
generally approved constructions and precautions for preventing gases 
Water-closets, 
etc., to be prop- 
erly trapped. 
H. Laws N. Y,, 
pp. 112,113, 
Laws Brooklyn, 
p. 352. 24 
and other offensive currents, substances, or smells from passing up or 
out through such connection from such sewer or passage ; nor shall 
any such water-closet or privy be constructed without adequate 
provisions for the effectual and proper ventilation and cleansing 
thereof. 
Contents of 
privies not to 
run on street 
or ground. 
Sec. 87. That no person shall draw off, or allow to run off' into 
any ground, street, or place of any city, the contents (or any part 
thereof) of any vault, privy, cistern, cesspool, or sink; nor shall any 
owner, tenant, or occupant of any building to which any vault, sink, 
privy, or cesspool shall appertain, or be attached, permit the contents, 
or any part thereof, to flow therefrom, or to rise within two feet of 
any part of the top, or permit said contents to become offensive; nor 
shall any privy, or other erection in this section mentioned, be filled 
with or covered with dirt till its filthy contents shall be emptied. 
Contents of 
privies not 
within two feet 
of top, nor priv- 
ies filled with /J 
dirt till emptied. 
Sec. 88. That neither the owner, tenant, nor occupant of any 
building or premises, in the built-up portions of either the city of New 
York or Brooklyn, shall employ, cause, or permit any part of the con- 
tents of any vault, privy, sink, or cesspool (being thereon, and of 
which he has control) to be removed, unless according to a permit oi' 
the regulations of the Board. 
Privies not to be 
emptied except 
with permit. 
What not thrown 
into privies, etc. 
Sec. 89. That no person shall throw into, or deposit in any vault, 
sink, privy, or cesspool, any offal, ashes, meat, fish, garbage, or other 
substance, except that of which any such place is the appropriate 
receptacle. 
Tubs, etc., in 
privies. 
ii. Laws N. Y., 
pp. 114,115. 
Sec 90. That every tub or other receptacle in any necessary house, 
sink, or privy (or placed, or allowed to stand therein, by any owner, 
tenant, or occupant of any building, or premises, and) used to contain 
any liquid or partially liqujd substance, shall be sufficiently strong, 
perfectly tight, and adequately provided with a strong cover and with 
hoops and handles; shall not be allowed to be filled to within four inches 
of any part of the top, and shall not be allowed (or its contents) to be 
offensive. And the provisions of these ordinances relative to empty- 
ing cesspools, and to throwing any substance therein, shall apply to 
said tubs and receptacles as if here repeated and applied thereto. 
And no person shall throw, drop, or allow to fall into the North 
or East River, or into any street or place, any substance being, or 
having been part of, the contents of any such vault, cesspool, privy, 
sink, tub, or receptacle, or any offal. 
Contents of 
privies not 
thrown into 
river or street. 25 
Sec. 91. That neither the contents of any such tub, or of any 
receptacle, cesspool, privy, vault, sink, or water-closet, cistern, nor 
anything in any room, excavation, vat, building, premises, or place, 
shall be allowed to become a nuisance, or offensive, so as to be dan- 
gerous or prejudicial to life and health. 
Contents of 
privies not to be- 
come offensive. 
Sec. 92. That no cart or other vehicle for carrying any offal, swill, 
garbage, or rubbish, or the contents of any privy, vault, cesspool, or 
sink, or having upon it or in anything on such cart any manure, or 
other nauseous or offensive substance, shall, without necessity there- 
for, stand or remain, nor shall a needless number gather before or 
near any building, place of business, or other premises where any per- 
son may be; nor shall any such cart or vehicle occupy an unreason- 
able length of time in loading or unloading, or in passing along any 
street or through any inhabited place or ground; nor shall any such 
cart or vehicle, or the driver thereof, or anything thereto appertaining, 
be (or by any person having a right to control the same, be allowed to 
be) in a condition needlessly filthy or offensive; and when not in use, 
all such carts, vehicles, and all implements used in connection there- 
with, shall be stored and kept in some place where no needless offence 
shall be given to any of the people of said District. 
Carts, etc., used 
in removing 
garbage, etc. 
Sec. 93. That all carts and vehicles in the last section mentioned, 
and boxes, tubs, and receptacles thereon, in which any substance in 
said section referred to may be or be carried, shall be strong and 
tight, and the sides shall be so high above the load or contents that 
no part of such contents or load shall fall, leak, or spill therefrom ; 
and that when, in the opinion of this Board, it is necessary to pre- 
vent the contents of such carts or vehicles, tubs or boxes, or recep- 
tacles from being offensive, each of such carts, tubs, and boxes, and 
receptacles shall be adequately and tightly covered, as the orders or 
regulations of this Board may provide or direct. 
Carts and boxes 
to be strong and 
tight and not 
spill contents. 
H. Laws N. Y., 
pp. 110, 126,127. 
Sec. 94. That no driver of such cart or vehicle, nor any person 
having undertaken or being engaged about the loading or unloading 
thereof, nor person engaged about the cleaning or emptying, or hav- 
ing undertaken to empty or remove any manure, garbage, offal, or 
the contents of any vault, sink, privy, cesspool, or any noxious or 
offensive substance, shall do or permit to be done about the same, or 
in connection therewith, that which shall be needlessly offensive or 
filthy in respect to any person, street, place, building, or premises. 
Emptying 
privies, etc., to 
be carefully 
conducted. 26 
Liquid, manure, 
etc., not to escape 
from carts, etc. 
H. Laws N. Y., 
p. 124. 
Sec. 95. That no person shall allow (and it shall be the duty of 
every contractor and person who has ordered or procured, or is hav- 
ing any of the following articles carried, or who is driving the same, 
to prevent) any cart or vehicle to be so fully loaded, or being in such 
bad condition of repair, or of such faulty construction, or being so 
improperly driven or managed, that any offensive liquid, or any ma- 
nure, garbage, rubbish, offal, dirt, or material thereon, shall fall upon 
or in any place, street, or premises; and it shall be the duty of every 
such person to at once replace on such vehicle and remove what has 
so fallen. 
Contents of 
privies,etc., to 
be disinfected. 
Sec. 9G. That all putrid or offensive matter, and all night soil, and 
the contents of sinks, privies, vaults, and cesspools, and all noxious 
substances in the built-up portion of any city, shall, before its removal 
or exposure, be disinfected and rendered inoffensive by the owner, 
lessee, or occupant of the premises where the same may be, or (in de- 
fault of the same being so done) by the person or contractor who re- 
moves or is about to remove the same; and for all such matter so 
disinfected and rendered inoffensive, the person (not being such tenant, 
owner, or occupant) who shall so disinfect and remove the same, shall 
be entitled to demand and receive a compensation, to be fixed by 
the Board of Health, not exceeding twelve cents per cubic foot for 
making such disinfection and removal, to be paid by any tenant, 
owner, or occupant. 
Construction 
of carts. 
H. Laws N. Y., 
pp. 126, 127. 
Sec. 97. That every cart and other vehicle hereafter constructed 
for or engaged about any business, or intended to be loaded with any 
matter or substance in the last section mentioned, shall be constructed 
according to these ordinances, and to the regulations and orders of 
this Board. 
Notice to be 
given before 
garbage carts. 
H. Laws N. Y., 
p. 135, §5. 
Sec. 98. That the drivers of all carts for the removal of any gar- 
bage, offal, rubbish, or dirt from any building or premises, shall give 
adequate notice to those dwelling in any street whose buildings or 
premises such cart is about to or should approach for the removal 
of any substance aforesaid. 
Sec. 99. That every owner, lessee, tenant, and occupant of any 
stall, stable, or apartment in which any horse, cattle, or swine, or any 
other animal shall be kept, or of any place in which manure or any 
liquid discharge of such animals shall collect or accumulate, within 
the built-up portion of any city, shall cause said liquid and manure 
to be at once removed to some proper place, and shall at all times 
keep or cause to be kept such stalls, stables, and apartments, and the 
Manure to be 
removed. 27 
drainage, yard, and appurtenances thereof, in a cleanly and whole- 
some condition, and no offensive smell shall be allowed to escape 
therefrom. Every such stall, stable, or apartment, where horses 
or cattle are kept, shall have an underground and properly covered 
manure vault of not less than sixty-four cubic feet capacity. 
Manure vault. 
Sec. 100. That no pile or deposit of manure, offal, dirt, or gar- 
bage, nor any accumulation of any offensive or nauseous substance, 
shall be made within the built-up portions of the cities of New York 
or Brooklyn, or upon any open space inclosed within any portions 
thereof, or upon the piers, docks, or bulkheads adjacent thereto, or 
upon any open grounds near (or upon any vessel or scow other than 
those to be speedily, and according to the duty of any person, re- 
moved, lying at) any such pier, wharf, or bulkhead, except according 
to a permit obtained from this Board, and according to its regulations. 
And no person shall contribute to the making of any such accumu- 
lations. Nor shall any straw, hay, or other substance which has 
been used as bedding for animals, be placed or dried upon any street 
or sidewalk. 
Manure, etc., not 
to be accumu- 
lated. 
H. Laws N. Y., 
pp. 126, 127,128. 
Sec. 101. That no person shall allow any swine or goat to run at 
large in any city, and no person shall, within the built-up portions of 
any city, or within one thousand feet of any residence or place of 
business or street thereof, keep any swine or goat, without a permit 
so to do from this Board. 
Swine and goats 
not to run at 
large or be kept. 
Laws Brooklyn, 
pp. 354, 355. 
H. Laws N. Y., 
pp. 108, 109. 
Sec. 102. That every place where any such swine may be kept 
shall be kept at all times in a cleanly and wholesome condition. 
Places where 
swine kept to 
be clean. 
Sec. 103. That no cattle, sheep, horse, goat, goose, or mule, or 
any dangerous or offensive animal, shall be allowed by any owner, or 
by any person having charge of, or who should have charge of the 
same, to go at large in any street or public place in either of the cities 
of New York or Brooklyn. And no pigs, swine, or cattle shall be 
unloaded from any cars upon any street or public place in the city of 
New York, except pursuant to a written permit from this Board. 
Cattle, etc., not 
to run at large. 
H. Laws N. Y., 
p. 109, § 7. 
Pigs, etc., not to 
be unloaded in 
street. 
Sec. 104. That no cattle, swine, or sheep, geese, goats, or horses, 
shall be yarded within or adjacent to the built-up portions of either 
of the cities of New York or Brooklyn without the permit of this 
Board, or otherwise than according to its regulations. 
Cattle-yards 
require permit. 
Laws Brooklyn, 
p. 355. 
Sec. 105. That no diseased or sickly horse, cattle, swine, sheep^ 
dog, or cat, nor any that have been exposed to .any disease that is 
contagious among such animals, shall be brought into the city of New 
York or Brooklyn, 
Diseased horses, 
etc., not to be 
brought into 
cities. 28 
Mad animals. 
Laws Brooklyn, 
p. 356 
Sec. 106. That every animal which is mad or has the hydrophobia, 
shall, by the person owning the same, or having the possession, charge, 
or control thereof, be at once killed ; and every animal that has been 
exposed to such disease, shall be at once confined in some secure place 
for such length of time as to show that such exposure has not given 
such animal said disease, and so as to avoid all danger to life or health. 
And the dead body of any animal that died of such disease shall be 
at once, by such person, buried not less than three feet under ground, 
at some place not within one thousand feet of any residence. 
Sec. 107. That no person shall leave in or throw into any place 
or street or public water, nor offensively expose or bury, the body (or 
any part thereof) of any dead or fatally sick or injured animal; nor 
shall any person keep any dead animal or any offensive meat, bird, 
fowl, or fish in a place where the same may be dangerous to the life, 
or detrimental to the health of any person. 
Disposition of 
dead animals. 
H. Laws N. Y., 
pp. 101, 102. 
Animals injured, 
or diseased, 
how disposed of. 
Sec. 108. That any animal, being in any street or public place, 
within or adjacent to the built-up portions of New York or Brooklyn, 
and appearing in the estimation of any officer or inspector of this 
Board (and of two discreet citizens, called by such officer or inspector 
to view the same in his presence) injured or diseased, past recovery 
for any useful purpose, and not being attended and properly cared for 
by the owner or some proper person to have charge thereof for such 
owner; or not having been removed to some private premises, or to 
some place designated by such officer or inspector within one hour 
after being found or left in such condition, may be deprived of life by 
such officer or inspector, or as he may direct, and shall thereafter, 
unless at once removed by the owner or proper person, be treated as 
any other dead animal found on a street or place. 
Dead animals to 
be removed. 
Sec. 109. That any person having a dead animal or an animal 
past recovery, and in an offensive condition, on his premises in any 
city, and not killed for and proper for use as meat or fish, and every 
person whose animal, or any animal in his charge or under his con- 
trol in any street or place, may die or become or be in a condition 
past recovery, shall at once remove or cause the removal of such 
animal, dead or alive, to some proper place ; and when such place 
may be designated by any officer or inspector of this Board, to the 
last-named place. 
Treatment of 
sick or injured 
animals in 
streets. 
Sec. 110. That no person other than the inspectors or officers of 
this Board or the Board of Police, or persons thereto authorized, 29 
shall in any way interfere with such dead, sick, or injured animal in 
any street or place, and no person shall skin or wound such animal in 
such street or public place, unless to terminate its life as herein author- 
ized, except that the owner or person having control of such animal 
may terminate the life thereof in the presence and by the consent 
of a policeman or an inspector or officer of this Board. 
Sec. 111. That it shall be the duty of the owner, and of the 
person that last had or then having charge of any animal, so dead 
or injured or diseased, and being in any street or public place, to at 
once give notice thereof and of the nearest street and avenue where it 
may be, to some inspector or officer of this Board, or at its principal 
office in New York or Brooklyn, in whichever city the animal may 
be, unless such animal is at once removed therefrom by some proper 
person. 
Notice of dead 
animals to be 
given. 
Sec. 112. No person shall obstruct, delay, or interfere with the 
proper and free use, for the purposes for which they may be, and 
should be, set apart and devoted, of any dock, pier, or bulkhead set 
apart for the use of any contractor or person engaged in removing 
any offal, garbage, rubbish, dirt, dead animals, night soil, or other 
like substances, or with the proper performance of such contracts. 
Offal docks, etc., 
not to be ob- 
structed 
Sec. 113. That it shall be the duty of every contractor and person 
(their agents and employees) who has contracted or undertaken to re- 
move any diseased or dead animal, offal, rubbish, garbage, dirt, street 
sweepings, night soil, or other filthy, offensive, or noxious substance, 
or is engaged about any such removal, or in loading or unloading of 
any such substance, to do the same with dispatch, and in every partic- 
ular in a manner as cleanly and little offensive, and with as little dan- 
ger and prejudice to life and health as possible. 
Offal and street 
contractors to 
act promptly. 
Sec. 114. That no matter or material in the section last mentioned 
shall lay piled up, or partially raked together, in any street or place 
before the removal thereof, more than a reasonable time, nor for more 
than four hours in the day time, under any circumstances. 
Street dirt not to 
be left in heaps. 
Philadelphia 
Rule. Rep. of 
1861, p. 31. 
Sec. 115. That every contractor in these ordinances referred to, and 
every person who has contracted, or undertakes or is bound to do, or 
is engaged in doing any one of those things, in respect of which these 
ordinances contain provisions or regulations, shall comply with these 
ordinances, to the extent that any contract, obligation, or duty re- 
Contractors to 
comply with 
ordinances. 30 
quires or permits; and no direction of any contractors or persons 
shall excuse him for a noncompliance with any of said ordinances. 
Vessels not to 
go to offal dock. 
H. Laws N. Y., 
p. 102, §7. 
Sec. 116. That no ship, boat, or other vessel or article, shall be 
taken or allowed by any person to come into or lay to or at or within 
any dock, pier, bulkhead, or slip (or be placed thereon), set apart or 
appropriated for the use or purpose of the shipment or removal of any 
offal, garbage, rubbish, dirt, or dead animals, or for the use of any 
contractor about the removal of any of the foregoing substances, with- 
out a permit from this Board. 
Oyster saloon 
keepers, etc., to 
remove shells, 
etc. 
H. Laws N. Y., 
p. 121, §5. 
Sec. 117. That every proprietor, lessee, tenant, and occupant of 
any oyster house, oyster saloon, or other premises where any oysters, 
clams, lobsters, or shell or other fish are consumed, used, or sold, or 
where any of the refuse matter, offal, or shells thereof accumulate, 
shall daily cause all such shells, offal, and refuse matter to be removed 
therefrom to some proper place, and shall keep his house, saloon, and 
premises at all times free from any offensive smells or accumulations. 
Duty with refer- 
ence to black- 
smiths' shops, 
foundries, coal 
yards, etc. 
H. Laws N. Y., 
p. 121, §5. 
Sec. 118. That the owners, lessees, tenants, and managers of every 
blacksmith or other shop, forge, coal yard, foundry, manufactory, and 
premises where any business is done, shall cause all ashes, cinders, rub- 
bish, dirt, and refuse to be removed to sonie proper place, so that the 
same shall not accumulate at any of the above-mentioned premises, or 
in the appurtenances thereof, nor the same become filthy or offensive. 
Nor shall any smoke, cinders, dust, gas, or odor be allowed to escape 
from any such building, place, or premises to the detriment or annoy- 
ance of any person not being therein or thereupon engaged. 
When ground 
not to be 
opened, 
H. Laws N.Y., 
p. 143. 
Sec. 119. That no ground or material filled with offensive matter 
or substance, or that will emit or allow to arise, through or from the 
same, any offensive smell or deleterious exhalation, shall (adjacent to 
or within the built-up portion of any city) be opened or turned up, or 
the surface thereof removed, between the first day of May and the 
first day of October of any year, except according to a permit first 
therefor obtained from this Board. 
Offensive liquids 
forbidden. 
Tanneries. 
Offensive trades. 
H. Laws N. Y., 
pp. 143, 144. 
Sec. 120. That no person shall permit or have any offensive water 
or other liquid or substance on his premises or grounds to the pre- 
judice of life or health, whether for use in any trade or otherwise; 
and no establishment or place of business for tanning, skinning, or 
scouring, or for dressing hides or leather, or for carrying on any 
offensive or noisome trade or business, shall hereafter be opened, 31 
started, or established in the cities of New York or Brooklyn, nor 
elsewhere in said District, in or near any city or village, without a 
permit of this Board. And every such establishment now existing 
shall be kept cleanly and wholesome, and be so conducted in every 
particular as not to be offensive, or prejudicial to life or health. 
Sec. 121. That no person shall boil any offal, swill, bones, or fat in 
the built-up portions of any city or village, save in ordinary cooking, 
nor shall the business of bone crushing, bone boiling, bone grinding, 
bone burning, shell burning, fat boiling, gut cleaning nor the skinning 
or making of glue from any dead animals or parts thereof, nor 
any other occupation that is dangerous or detrimental to life or health, 
be hereafter established within any of said cities or villages ; nor shall 
any person work or engage, therein, in any such business or occupa- 
tion ; and every business and pursuit of the kind in this section named, 
whether carried on in the built-up portions of a city or elsewhere, 
shall be promptly discontinued, unless the continuance thereof shall be 
allowed by a permit of this Board. 
Bone boiling, 
shell burning, 
fat boiling, etc. 
H. Laws N. Y., 
pp. 145 to 148. 
Sec. 122. That no person shall have at any place where milk, butter, 
or cheese is kept for sale, nor at any place offer or have for sale, nor 
shall any person bring or send to any city or village any unwhole- 
some, watered, or adulterated milk, or milk known as swill milk, or 
milk from cows or other animals that for the most part lived in stables, 
or that fed on swill, garbage, or other like substance; nor any butter 
or cheese made from any such milk, nor any unwholesome butter or 
cheese. 
Unwholesome, 
watered, adul- 
terated, or 
swill milk. 
Laws 1854,ch. 
544, p. 1195. 
Sec. 123. That no person shall keep or allow to be kept in any 
building, or on any premises, or on grounds of which he may be the 
owner, lessee, tenant, or occupant, more cows or other cattle than at 
the rate of fifteen to an acre (in or near the built-up portions of any 
city or village), without a permit from this Board. And every such 
person shall cause every stable and place where any cows, horses, or 
other animals may be, to be kept at all times in a cleanly and whole- 
some condition, and shall not allow any animal to be therein, while 
infected with any disease contagious or pestilential among such 
animals, without a permit from this Board. 
Number of cows 
that may be 
kept. 
Brooklyn Laws, 
p. 355. 
Stables to be 
clean. 
Sec. 124. That every owner, lessee, tenant, and occupant of any 
building or lot in the built-up portions of the cities of New York or 
Brooklyn, shall, within two hours after the fall of any snow exceeding 
one inch in depth, and within two hours after the forming of any ice 
Snow and ice to 
be removed. 
H. Laws N.Y., 
pp. 140 to 142. 32 
on the sidewalk or in the gutter in front of or against the side of any 
such building or lot, remove, or cause the same to be removed, from 
such sidewalk and gutter, or in case of great difficulty in removing 
such ice, that every such person do sprinkle or cause to be sprinkled 
thereon sand or ashes, so that travelling thereon shall not be 
perilous; but that where said snow falls or ice forms be- 
tween the hours of eight o'clock of the evening and daylight in the 
morning, this ordinance ' will be complied with by removing or 
sprinkling the same within two hours after sunrise of the morning 
succeeding its fall or formation. 
Ashes to be 
sprinkled. 
Walks, etc., to be 
kept in repair 
and free from 
incumbrances. 
H. Laws N. Y., 
p. 132, §40. 
Sec. 125. That every owner, tenant, lessee, and occupant of any 
building or lot (whether vacant or occupied), within or near the built- 
up portions of any city or village, shall keep and cause to be kept the 
sidewalk and flagging, and curbstone in front thereof, in good repair 
and condition; and that every such person shall keep and cause every 
such sidewalk to be kept free from obstructions, as well as also free 
from any incumbrance, and free from all substances of every kind. 
Animals not to 
go on sidewalks. 
Sec. 126. That no person shall take, or allow to go or be taken 
(having the right and ability to prevent the same), any horse or other 
animal, nor any vehicle, upon any sidewalk or footpath in front of 
any building, to the peril of any person ; nor shall any person 
block up or obstruct any street or place, or contribute thereto. 
Definition of 
tenement-house. 
Sec. 128. That a tenement-house shall 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, home, or resi- 
dence of more than three families living independently of one 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, stairways, yards, water-closets, or privies, or some of them. 
A lodging-house shall be taken to mean and include any house or 
building, or portion thereof, in which persons are harbored or re- 
ceived, 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 in- 
clude every basement or lower story of any building 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 The phrase "boarding- 
house" shall be held to include every building, and every story and 
portion thereof, which is at any time or usually used, leased, or occu- 
Definition of 
lodging-house. 
Definition of 
cellar. 
Definition of 
boarding-house. 33 
pied, or intended so to be, by any number of persons, exceeding 
ten, as boarders thereat. And the word "manufactory" shall be 
held to include every building, and every story and portion thereof, 
in which any sort of labor or work is done, which calls for the con- 
tinual or usual presence of several persons during several hours of the 
day or night engaged about said work or labor; and the word " sa- 
loon" shall be held to include every portion of any building in which 
the business of selling meals, liquors, drinks, or refreshments of any 
kind, shall be conducted, and includes concert saloons. 
Definition of 
manufactory 
Definition of 
saloon. 
Sec. 131. That no person, being the manager or keeper of any 
saloon, boarding-house, or lodging-house, or being employed as a 
clerk, servant, or agent thereat, shall therein or thereat offer or have 
for food or drink, or to be eaten or drank, any poisonous, deleterious, 
or unwholesome substance, nor allow anything therein to be done or 
to occur dangerous to life or prejudicial to health. 
No poisonous or 
unwholesome 
food in saloons, 
etc. 
Sec. 132. That every person who shall be the owner, lessee, or 
keeper or manager of any boarding-house or manufactory, shall pro- 
vide, or cause to be provided for the accommodation thereof, and for 
the use of the lodgers and boarders and workers thereat, adequate 
privies or water-closets, and the same shall be so adequately ventilated, 
and shall at all times be kept in such cleanly and w'holesome condi- 
tion as not to be offensive, or be dangerous or detrimental to life or 
health. And no offensive smell or gases, from or through any outlet 
or sewer or through any such privy or water-closet, shall be 
allowed, by any person aforesaid, to pass into such house or any part 
thereof, or into any other house or building. 
Water-closets 
to be provided. 
Gases not t) 
escape. 
Sec. 133. That no owner, lessee, or keeper of any tenement-house, 
lodging-house, boarding-house, or manufactory shall cause or allow 
the same to be overcrowded, or cause or allow so great a number of 
persons to dwell, be, or sleep in any such house, or any portion there- 
of, as thereby to cause any danger or detriment to life or health. 
No overcrowding 
Sec. 131. That every owner, lessee, and tenant and manager of 
any boarding-house or manufactory, shall cause every part thereof 
and its appurtenances to be put, and shall thereafter cause the 
same to be kept, in a cleanly and wholesome condition, and shall 
speedily cause every apartment thereof in which any person may 
sleep, dwell, or work, to be adequately lighted and ventilated; and, 
if the same be a manufactory, shall cause every part thereof in which 
any person may work to be maintained at such temperature, and be 
Owners, etc., of 
boarding-housjs 
and factories to 
provide for 
cleanliness, 
ventilation, e:c. 34 
provided with such accommodations and safeguards as not, by reason 
of the want thereof, or of anything about the condition of any such 
manufactory oi' its appurtenances, to cause unnecessary danger or 
detriment to the life or health of any person being properly therein 
or thereat. 
No building to 
be let unless 
properly venti- 
lated, cleaned, 
etc. 
Sec. 135. That no owner or lessee of any building, or any part 
thereof, shall lease or let, or hire out the same, or any portion thereof, 
to be occupied by any person, or allow the same to be occupied as 
a place in which or for any one to dwell or lodge; except when 
said buildings or such parts thereof are lighted, ventilated, provided, 
and accommodated, and are in all respects in that condition of clean- 
liness and wholesomeness, for which these ordinances or any law of 
this State provide, or in which they or either of them require any 
such premises to be kept. Nox' shall any such person rent, let, hire 
out, or allow, having power to prevent the same, to be used as or for 
a place of sleeping or residence, any portion or apartment of any 
building, which apartment or portion has not at least two feet of its 
height and space above the level of every part of the sidewalk and 
curbstone of any adjacent street, nor of which the floor is damp by 
reason of water from the ground, or which is impregnated or pene- 
trated by any offensive gas, smell, ox* exhalation prejudicial to health. 
But this section shall not prevent the leasing, renting, or occupancy 
of cellars ox' rooms less elevated than aforesaid, and as a part of any 
building rented ox' let, when they are not let ox' intended to be occu- 
pied or used by any person as a sleeping apartment, or as a principal 
or sole dwelling apartment. 
Cellars. 
Cellar or room 
dangerous to life 
not to be occu- 
pied. 
Sec. 136. That no person, having the right and power to prevent 
the same, shall knowingly cause or permit any person to sleep or 
remain in any cellar, or in any place dangerous or prejudicial to 
life or health, by reason of a want of ventilation or drainage, or by 
reason of the presence of any poisonous, noxious, or offensive sub 
stance or otherwise. 
Ventilation, 
sewerage, etc., 
to be provided 
in new buildings. 
Brooklyn Laws, 
p. 17, §21. 
Sec. 138. That no person shall hereafter erect, or cause to be 
erected or converted to a new purpose, by alteration, any building 
or structure which, or any part of which, shall be inadequate or de- 
fective in respect to strength, ventilation, light, sewerage, or of any 
other usual, proper, or necessary provision or precaution : nor shall 
the builder, lessee, tenant, ox' occupant of any such or of any other 
building oi' structure (within the right or ability of either to remedy 
oi' prevent the same), cause or allow any matter or thing to be or to 35 
be done in or about any such building or structure dangerous or preju- 
dicial to life or health. 
Sec. 139. That no interment of any dead body of any human being, 
or disposition thereof in any tomb, vault, or cemetery, shall be made 
either within the city of New York or Brooklyn, without a permit 
therefor granted by this Board, nor otherwise than in accordance 
therewith, and no sexton or other person shall assist in or assent to or 
allow any such interment, or aid or assist about preparing any grave 
or place of deposit for any such body, for which such permit has not 
been given authorizing the same. And it shall be the duty of every 
person who shall receive any such permit, to preserve and to return 
the same to this Board, as its regulations may require. 
No interments 
except by 
permit. 
Laws Brooklyn, 
pp. 356, 357. 358. 
H. Laws N.Y, 
pp. 48. 53, 70. -1, 
83,151 to 154. 
Sec. 140. That no new burying-ground, cemetery, tomb, or vault 
for dead bodies shall be established, nor shall the remains of any dead 
human body be placed in any existing burying-ground, vault, tomb, 
or cemetery, in either of said cities, nor any of said receptacles be 
opened, exposed, or disturbed, except according to the terms of a per- 
mit therefor given by this Board ; and every body buried in any such 
place shall be buried to a depth of six feet below the surface of the 
ground, and four feet below any closely adjacent street. 
New cemeteries 
not to be estab- 
lished. 
Graves, etc., not 
to be opened 
save by permit. 
Depth of graves. 
Sec. 141. That every sexton and other person having charge of any 
burying-ground, cemetery, tomb, or vault, in the city of New York or 
Brooklyn, shall, before twelve o'clock of Monday of each week, make 
return to this Board of the bodies and persons buried since their last 
return, and in such form, and specifying such particulars, as the 
special regulations of this Board shall require. 
Sextons to 
make returns. 
Sec. 142. That no captain, agent, or person having charge of or 
attached to any ferry-boat, sailing, or other vessel, nor any person in 
charge of any car, stage, or other vehicle or public or private convey- 
ance, shall convey or allow to be conveyed thereon, or by any means 
aforesaid, from or in either the city of New York or Brooklyn, the 
dead body of any human being, or any part thereof, without a permit 
therefor from this Board. And the proper coupon for that purpose 
attached to any such permit when issued shall be preserved and re- 
turned to this Board, as its regulations may require, by the proper 
officer or person on such boat or vessel, and by the proper person in 
charge of any train of cars or vehicle on which any such body may 
be carried from either of said citie-. 
Bodies not to be 
removed from 
city except 
by permit. 36 
Dead body not 
to be retained 
unduly. 
Sec. 143. That no person shall retain, expose, or allow to be re- 
tained or exposed, the dead body of any human being, to the peril or 
prejudice of the life or health of any person. 
Church bells 
not rung. 
Sec. 144. That no large or church bell shall be rung or tolled at any 
funeral in either of said cities without a permit therefor from this 
Board; nor shall such bell be rung or tolled at any other time there- 
in to the prejudice or peril of the life or health of any human being. 
Sextons and 
undertakers to 
report names,etc. 
Sec. 145. That every person who acts as a sexton or undertaker in 
the city of New York or Brooklyn, or has the charge or care of any 
vault, tomb, burying-ground, or cemetery for the reception of the dead, 
or where the bodies of any human beings are deposited, shall cause his 
and her name and residence, and the nature of his charge and duties, 
to be registered with this Board. 
Gas-tar, etc.,' 
not to escape. 
Valentine's Laws 
N. Y., p. 1299. 
Act 13th May, 
1845. 
Sec. 146. That no person or company being a manufacturer of gas, 
or engaged about the manufacture thereof, shall throw or deposit, or 
allow to run, or having the right and power to prevent the same, shall 
permit to be thrown or deposited into any public waters, river, or 
stream, or into any sewer therewith connected, or into any street or 
public place, any gas-tar, or any refuse matter of or from any gas 
house, works, or manufactory; nor shall any such person or company 
allow any substance or odor to escape from such house, works, or 
manufactory, or make any gas of such ingredients or quality that any 
substance shall escape therefrom or be formed in the process of burning 
any gas, which shall be offensive or dangerous, or prejudicial to life 
or health. Nor shall any such person or company fail to use the most 
approved or all reasonable means for preventing the escape of odors. 
Odors to be pre- 
vented. 
Fire-arms not to 
be sold or loaned 
for improper 
purposes. 
Laws Brooklyn, 
pp. 336, 339. 
Sec. 147. That no person shall sell, loan, or give to, or allow to be 
taken by any other person, any fire-arm, or other deadly or dangerous 
weapon, when there shall be any reason for such first-named person 
to think or believe that any danger to life may illegally result from 
the giving, loaning, selling, or from the use of such arm or weapon. 
Firing of guns 
and blasting. 
Sec. 148. That no person shall, except according to a permit or 
the regulations of this Board, set off or lire any gun or other fire-arm, 
or rock blast in any public street, alley, or place within the built-up 
portions of any city in said District, whereby any human life may be 
imperilled. 
Drink dangerous 
to life. 
Sec. 149. That no person shall sell or give to any other person or 
permit such other person to get (having the right and ability to pre- 37 
vent the same) any drink, when such first-named person may have 
reason to think or believe that such drink may cause danger or detri- 
ment to life. 
Sec. 151. That no distiller, or brewer, or other person, shall man- 
ufacture, or have or keep for sale, any liquid designed as a drink or 
beverage for human beings which would be, if used, needlessly dan- 
gerous or detrimental to life or health. 
Drink needlessly 
dangerous to life. 
Sec. 152. That no person shall engage in or encourage any fight, 
or the dealing of any blow by any human being in said District, 
against any other human being; nor shall any person permit such 
fight, having power and authority to prevent the same. 
Fighting. 
Sec. 153. That no person shall race or run or rapidly drive any 
horse or other animal in a public street or place, or allow the same 
to so move, or throw or send up any kite, stone, or other substance, 
or burn or set off any fireworks, fire-crackers, or other substance, 
whereby, or by reason of which, any human life may be put in 
danger or peril. 
Horse-racing, 
fireworks, etc. 
Brooklyn Laws, 
p. 16. 
Sec. 155. That no keeper, or other officer or person having con- 
trol or authority in any jail, prison, or other place where any person 
may be kept or confined, shall needlessly or illegally cause or allow any 
peril or detriment to the life or health of any such person, by reason 
of too little or too much heat, or of a want of food, drink, or ventila- 
tion, or from the want or neglect of any other reasonable care, pro- 
tection, or precaution. 
Prisons to be 
ventilated and 
food, etc,, pro- 
vided. 
Sec. 156. That the term " theatre" shall be held to include the 
building, rooms, and place where any play, concert, opera, circus, 
trick of jugglery, show, gymnastic, or other exhibition, masquerade, 
public dance, drill, lecture, address, or other public or frequent gather- 
ing or amusement, are, is, or may be held, given, performed, or take 
place, and the approach and apourtenances thereof. 
Definition of 
"theatre." 
Sec. 157. That no person, being the lessee, manager, conductor, or 
owner of any theatre, shall cause, or permit, or allow the same, or 
any part or appurtenance thereof, to be so far overcrowded, or in- 
adequate, faulty, or insufficient, in respect of strength, ingress, or 
egress, cleanliness, ventilation, or in any other particular, as that 
thereby, or by reason thereof, any needless peril shall come or hap- 
pen to, or be incurred or suffered by, any person being properly at 
or in any such theatre. 
Theatres not to 
be overcrowded, 
or with faulty 
means of access. 38 
Duty of school 
teachers, etc. 
Sec. 158. That no master or teacher, or manager of or in any 
school, public or private, or of or in any Sunday school or gymnasium, 
nor the officers or managers thereof, nor officers or managers, or 
persons having charge of any place of public worship, shall so far 
omit or neglect any duty or reasonable care or precaution respecting 
the safety or health of any scholar, pupil, or attendant, or respecting 
the temperature, ventilation, or cleanliness or strength of any church, 
hall of worship, school-house, school-room, or place of practice or 
exercise, or relative to any thing appurtenant thereto, as that by reason 
of such neglect or omission the life or health of any person shall 
suffer or incur any needless peril or detriment. 
Founds. 
H. Laws N. Y, 
p. 83. 
N Y. Ordinances, 
1859. p. 425. 
Brooklyn Laws, 
p. 335. 
Sec. 159. That no person shall act as or be a keeper of any public 
pound in the city of New York, except pursuant to a permit from 
this Board. 
That no keeper of any such pound shall allow the same, or any 
animal therein, by reason of any want of care, food, ventilation, or 
cleanliness, or otherwise, to be or become dangerous or detrimental to 
human life or health. 
Regulations as 
to pounds. ' . 
Sec. 160. That every such pound-keeper shall, from time to time, 
report to this Board as its special regulations may require, and shall 
obey and conform to all such regulations ; and that in the mean time 
such pounds shall, in the particulars not herein mentioned, be regu- 
lated by the rules heretofore enacted by the proper authorities of said 
cities respectively. 
Sec. 161. That no person shall take or call any dog into, or allow 
any dog to go into any street or public place, in either of the cities of 
New York or Brooklyn, between the fifteenth day of June and the 
fifteenth day of September in any year, unless properly muzzled, or 
unless when being led by a chain or string ; and nothing in this sec- 
tion shall repeal or supersede any existing regulations as to such dogs, 
not inconsistent herewith. 
Bogs to be 
muzzled or led. 
Brooklyn Laws, 
pp. 15, 356. 
N. Y, Ordinances, 
1859, p. 406. 
New varnish or 
other factories. 
La vs Brooklyn, 
p. 356, § 23. 
Sec. 162. That no person shall hereafter erect, start, or establish 
in any city or village in this District, without the consent of this 
Board, any' manufactory or place of business for boiling any var- 
nish or oil, or for the distilling of any ardent or alcoholic spirits, 
or for making any lampblack, turpentine, or tar, or for conducting 
any other business that will or does generate any unwholesome, offen- 
sive or deleterious gas, smoke, deposit, or exhalation, or any business 
that is or would be dangerous to life or detrimental to health. 39 
Sec. 163. That, except as herein specially or otherwise provided, 
or as may be hereafter provided, or as is otherwise made necessary by 
the laws of the State, the Board of Metropolitan Police shall, through 
its proper officers and men, and as near as may be according to its 
existing regulations, or amendments to be made thereto, on advice 
with this Board, and subject to the supervision of this Board, carry 
into effect and exercise the sanitary powers heretofore exercised by 
said Board of Police ; and that said Board of Police shall keep this 
Board regularly advised of its action in that behalf, and shall con- 
form to these and all future ordinances, and to all special regulations 
of this Board. 
Board of Police 
to enforce ordi- 
nances. 
Sec. 164. That every person shall observe and obey each and 
every special regulation, and every order of this Board that is or may 
be made, for carrying into effect any of the foregoing ordinances or 
powers, or any law of this State, or otherwise, whether issued di- 
rectly by the Board, or promulgated by its Sanitary Superintendent, 
as if the same had been herein inserted at length. 
Special regu- 
lations to be 
obeyed. 
Sec. 165. That every person who omits or refuses to comply with, 
or who resists any of the provisions of these rules, orders, sanitary 
regulations, or ordinances, or any of the provisions of said seventy- 
fourth chapter of the Laws of 1866, or of chapter six hundred and 
eighty-six of the Laws of 1866, or of chapter nine hundred and fifty- 
six of the Laws of 1867, or the execution of any order or special 
regulation of this Board, will be liable to the arrest, suit, penalty, 
fine, and punishment in said law provided and declared ; of all of 
which notice must be taken. 
Penalty. 
Sec. 166. No owner, agent, or consignee of any vessel or cargo, 
and no officer of any vessel (in respect of either of which vessel 
or cargo a permit, according to any law, ordinance, or regulation, 
shall or should have been obtained to pass quarantine, or to come up 
to the water front of the city of New York or Brooklyn) shall 
unlade or land, or cause to be unladen or landed, such cargo, or 
any part thereof, in either of said cities, without having first received 
the written permit of this Board so to do ; and for the city of Brook- 
lyn such permits shall be obtained of the Assistant Sanitary Superin- 
tendent at the Court House in Brooklyn, and for the city of New York, 
of the Superintendent of this Board at number 301 Mott street. 
Vessels coming 
from quarantine 
not to land with- 
out permit 
Sec. 167. No person owning, occupying, or having charge of any 
stable or other premises, shall keep or allow thereon or therein any 
dog or other animal which shall by noise disturb the quiet or repose 
Dogs, etc., in 
stables. 40 
of those or any one therein or in the vicinity, to the detriment of the 
life or health of any human being. 
Sec. 168. No animal or vegetable substance, nor street-sweepings, 
muck, or silt, nor dirt gathered in cleaning yards, buildings, docks, 
or slips, nor waste of mills or factories, nor any materials which are 
offensive, or tend by decay to become putrid or to render the atmos- 
phere impure or unwholesome, shall be deposited or used to fill up or 
raise the surface or level of any lot, grounds, dock, wharf, or pier in 
or adjacent to the built-up portions of said District, or any ground 
filled for the purpose of building thereon, unless pursuant to a 
special permit from this Board. 
Filling grounds. 
The foregoing is a true copy of the " Code of Sanitary Ordinances" 
of the Metropolitan Board of Health, as the same appears among the 
records of said Board. 
Emmons Clark, 
Secretary. 
I, Emmons Clark, Secretary of the Metropolitan Board of Health, do 
hereby certify that the foregoing is a correct, full and complete copy of the 
Code of Sanitary Ordinances, and of Orders, Regulations, and Rules, duly 
enacted by said Board, and that the same have been duly published twice a 
week for three weeks in the New York Daily Times and in the New York 
Evening Post, newspapers published in the City of New York, and in the 
Brooklyn Union, a newspaper published in the City of Brooklyn, and have 
been duly published to render the same valid and effectual as required by 
law. And, I further certify that the foregoing Code, Orders, Rules, and 
Regulations are true, accurate, and complete copies of records and papers 
on file in the office of said Board and in my charge as such Secretary, and 
that they form a part of the Archives of said Board. 
State of New York, > 
City and County of New York. 5 
Theodore L. Peverelly, being duly sworn, saith 
that he is Principal Clerk in the office of the New York Times, a newspaper printed and pub- 
lished in the City of New York; that the advertisement hereto annexed has been regularly 
published in the said New York Times twice a week three weeks successively, commencing' on 
the 24th day of July, 1867. 6 
THEODORE L. PEVERELLY. 
Sworn to before me this Uth day > 
of August, 1867. S CORNELIUS R. DISOSWAY, 
Notary Public. 
State of New York, > 
City and County of New York, J 
Henry Dithmar of the City of New York, being 
duly sworn, says he is Eoreman of the office of the Evening Post, a daily paper, printed and pub- 
lished in the City of New York, and that the notice, of which the annexed is a printed copy, 
has been regularly published in the said Evening Post twice in each week for three weeks suc- 
cessively, commencing on the 23d day of July, 1867. 
HENRY DITHMAR. 
Sworn before me this 13ZA day 1 
of August, 1867. J 
JOHN BUTCHER, 
Commissioner of Deeds, 
City and County of New York. 
State of New York, 1 
City of Brooklyn, J 
Robert D. Kelly of the City of Brooklyn, in the 
County of Kings, being duly sworn, says that he is Foreman in the office of the Brooklyn Daily 
Union, a daily newspaper, printed and published in the City of Brooklyn, County ot Kings afore- 
said, and that the notice, of which the annexed is a true copy, has been published in said news- 
J^^lSef06 *n 6aCh Wee!t for tllree weeks successively, commencing on the 24th day of 
ROBERT D. KELLY. 
Sworn to this 10 th day of | 
August, 1867, before me f JAMES G. COOPER, 
Notary Public. I N D E X. 
SECTION 
Act forbidden, doing 2 
" required, omitting 2 
Animal matter, putrid, not to be 
thrown into streets or sewers.. 76 
Animals, dangerous or offensive, 
not to go at large 103 
Animals, dead, entrails, etc., of, to 
be removed 49 
Animals, dead, not to be thrown 
in streets, sewers, etc 76, 107 
Animals, dead, to be removed... 109 
" " not to be skinned 
in street 110 
Animals, dead, to be reported.... Ill 
" " duties of contract- 
ors for 113, 115 
Animals, noisy 167 
" dead, piers and docks 
for, not to be obstructed.. .112, 116 
Animals, dead, skinning, business 
of, forbidden 121 
Animals, diseased or injured, to 
be reported Ill 
Animals, exposed to hydrophobia, 
to be confined 106 
Animals, injured or diseased, how 
killed 108 
Animals, injured, who may inter- 
fere with 110 
Animals past recovery to be re- 
moved 109 
Animals that have had hydropho- 
bia, how buried 106 
Animals with hydrophobia to be 
killed 106 
Ash boxes to be provided 68 
" " place of 69 
" " not to be interfered 
with 69 
" Ashes," meaning of. 64 
Ashes, delivery of, to carts 70 
" removing of , 68 
" not to be sieved in street . 71 
' ' not to be thrown into streets 
or rivers 65 
" persons engaged in busi- 
ness of removing, require 
permit 83 
" -from forges, etc., to be re- 
moved. ;.. 118 
SECTION 
Bedding from emigrant vessels.. 35 
" " stables not to be 
placed in street 100 
Bells, church, not to ring for fune- 
rals 144 
Bill of Health, authority to give.. 12 
Birds, unsound, to be reported.. 48 
" not sound and fresh 40, 53 
" " mode of treating. 59 
" " " keeping. 43 
Births, registry of, to be kept 13 
" " " what to contain 13 
" report of, to be made.. .14, 16 
" statement of, by clerks and 
officers 15 
Blacksmiths to remove ashes, cin- 
ders, etc 118 
Blasting 148 
" Board," meaning of 1 
Board of Police, duties of.. 7 
" Boarding-house," meaning of.. 128 
" " to be ventilated, 
lighted, etc .. 134 
" " keeperstoreport 
persons sick. 21, 27 
Boarding-houses, no poisonous, 
deleterious, or unwholesome 
food or drinks in 131 
Boarding-houses, proper privies 
or water-closets to be provided.. 132 
Boarding-houses not to be over- 
crowded.. 133 
Bodies, dead, to be reported 18 
Bone-boiling forbidden 121 
" burning " ' 121 
" grinding " 121 
Brick in streets 67 
Brine not to escape into street... 66 
Building, precautions to be ob- 
served in 71 
Buildings to be kept so as not to 
injure occupants or passers ... 73 
Buildings, liquid from, not to pass 
on to sidewalk 75 
Buildings to be ventilated, lighted, 
sewered, etc 138 
Buildings unfit for dwelling not to 
be rented 135 
" Built-up portions of," meaning 
of 1 42 
SECTION 
Built-up portions of New York and 
Brooklyn, hours in which cattle 
may be driven in 45 
Burial, mode of 140 
" returns of, to be made... 141 
Burying-ground, persons in charge 
of, to register 145 
Burying-ground, new, require per- 
mit 140 
Burying-ground to be used only 
with permit 140 
Business detrimental to health 
forbidden ..... 162 
' ' Butcher, " meaning of 38 
Butchers require permits 39 
" to allow inspection.... 47 
" to keep places clean ... 55 
" ice-boxes, refrigerators, 
etc., how made ...... 62 
" offal and garbage not to 
be thrown in streets, sewers, etc. 76 
Butter, unwholesome. 122 
Calf less than four weeks old, 
meat from, not to be sold 41 
Cargo from quarantine, permit to 
discharge 166 
Carpets not shaken or hung in 
street 71 
Carts carrying night-soil, manure, 
etc., construction of... 93, 97 
Carts carrying night-soil, manure, 
etc., not to stand in street 92 
Carts carrying night-soil, manure, 
etc., nothing to escape from... 95 
Carts for garbage, etc., to give 
notice 98 
Cats, diseased. . 105 
" Cattle," meaning of 38 
Cattle, overheated, diseased, or 
feverish, not to be killed 42 
" overheated, diseased, or 
feverish, to be reported.. 42 
" not to be carried in any 
vehicle when improperly 
tied 44 
" not to run at large 103 
" not to be yarded without 
permit. 104 
' ' diseased, not to be brought 
in 105 
" place of keeping 46 
" not to be slaughtered in 
street 56 
" not to be unloaded in 
street 103 
" unsound, mode of treating 59 
" driving, in street 43, 45 
" mode of keeping and 
slaughtering 43 
' ' not to be slaughtered south 
of Forty-second street, 
New York 43 
SECTION 
Cattle, yarding requires permit.. 60 
Cellars, use of, for lodging 135 
" renting " 135 
" when not to be occupied. 136 
" when and how may be 
occupied 135, 136 
Cemeteries, new, require permit. 140 
" person in charge to 
register themselves 145 
Cesspools, price for cleaning.... 96 
Cesspools, contents of, not to be 
put in streets or sewers .. 65, 87, 90 
Cesspools, contents of, not to 
come within two feet of top... 87 
Cesspools, contents of, not to be- 
come offensive 87, 91 
Cesspools, contents of, not to be 
removed except by permit... 84, 88 
Cesspools, contents of, not to be 
removed till disinfected 96 
Cesspools to be built in accord- 
ance with regulations 85 
Cesspools to be inspected before 
completion 85 
Cesspools, carts carrying contents 
of, not to stand in street 92 
Cesspools, carts carrying contents 
of, to be as little offensive as 
possible 92, 94 
Cesspools, carts carrying contents 
of, when not in use 92 
Cesspools, carts carrying contents 
of, construction of. 93 
Cesspools, care in transporting 
contents of 94 
Cesspools, offal, ashes, garbage, 
etc., not to be put in 89 
Cheese, unwholesome 122 
Cholera 19 
Churches, duties of officers of... 158 
Cinders included in term " ashes" 64 
Cinders not to be thrown in 
streets or rivers 65 
Cinders to be removed from forges, 
foundries, etc 118 
Cinders from forges, factories, 
etc 118 
Cistern, contents of, not run into 
street, etc 87 
Clam-shells to be removed daily. 117 
Cleaning articles, not to be done 
in streets 71 
Clergymen to register marriages. 13 
Coal included in term " ashes" .. 64 
Coal dust 71, 118 
Concert saloons 128 
Consignees of vessels to report per- 
sons sick 23 
Consignees of vessels, various du- 
ties of, 23 
' ' Contagious disease, " meaning of 19 
Contagious disease, to be reported 
by physicians 20, 24 43 
SECTION 
Contagious disease, to be reported 
by hotel and boarding-house 
keepers 21 
Contagious disease, to be reported 
by officers of institutions 22 
Contagious disease, to be reported 
by officers and consignees of 
vessels 23 
Contagious disease, to be reported 
by all persons 24 
Contagious disease, persons sick 
with, not to be removed or ex- 
posed .* 25, 26 
Contagious disease, articles ex- 
posed to 26 
Contagious disease, needless ex- 
posure to, to be avoided 28 
"Contractor," meaning of. 1 
Contractors for night soil, offal, 
garbage, etc., duties of ... 113, 115 
Coroners in New York and Kings 
counties, to give notice before 
inquest 17 
Coroners in New York and Kings 
counties, to answer questions . 17 
Coroners to return inquisitions .. 17 
" " copies of in- 
quisitions in cases of homicide. 17 
Corpses not to be transported 
without permit 142 
Corpses not to be retained or ex- 
posed unduly 143 
Cotton, unsound or infected, to be 
reported 34 
'Cows, how many may be kept... 123 I 
Cows, infected, not to be kept... 123 
Curb stones to be replaced 72 
Dangerous to life or health, act.. 2 
Dead bodies to be reported 18 
Dead bodies not to be transported 
without permit 142 
Dead bodies not to be unduly re- 
tained or exposed 143 
Dead animals not to be thrown 
into streets, &c 76, 107 
Dead animals not to be kept in 
certain cases 107 
Dead animals to be reported Ill 
Deadly weapons, sale of 147 
Deaths, registry of, to be kept... 13 
Deaths, registry of, what to con- 
tain 13 
Deaths, report of, to be made. .14, 16 
Deaths, statement of by clerks 
and officers 15 
Decoctions, poisonous, sale of... 4 
Decoctions not to be made or sold 
under false name 3 
Definitions 1 
Dentists included in term "phy- 
sician"...- 19 
Detriment to life or health 2 
SECTION 
Diphtheria a contagious disease.. 19 
" Dirt," meaning of 64 
Dirt not to lay piled or raked up 
in street 114 
Dirt not to be thrown in streets or 
rivers 65 
Dirt in street 67, 72 
"Disease, contagious," meaning 
of 19 
Disease, infectious or pestilential 19 
Disease, contagious, sick of, to be 
reported 20, 21, 22, 23, 24 
Disease, contagious, sick of, not 
to be exposed or removed 25 
Disease, contagious, articles ex- 
posed to 26 
Disease, contagious, exposure to 
be avoided .. 28 
Diseased animals to be report- 
ed Ill 
Distillery requires permit 162 
"District," meaning of 1 
Docks for offal and night soil not 
to be obstructed 112, 116 
Doctor, making or selling medi- 
cine under false name 3 
Dogs, diseased, not to be brought 
in 105 
Dogs in street to be led or muz- 
zled 161 
Dogs, noisy . 167 
Drainage arrangement of 82 
Drains to be adequate 8G 
Drinks, poisonous, deleterious, or 
adulterated 51 
Drinks, dangerous to life or 
health 149 
Drinks, dangerous or unwhole- 
some 151 
Drugs, poisonous, deleterious, or 
adulterated 5 
East river, night soil, etc., not to 
be thrown into .... 65, 90 
' Eggs 37 
Emigrant vessels, bedding from . 35 
Entrails to be removed before 
dead animals are brought to 
market 49 
Fat boiling forbidden 121 
Feathers not to be shaken or ex- 
posed in street 71 
Fever, yellow, ship, and typhus . 19 
Fighting forbidden 152 
Filth not to escape into street ... 66 
Filling grounds 168 
Fire-arms, use of. 147, 148 
Fire-crackers, setting off 153 
Fire-works, setting off 153 
ls Fish," meaning of 37 
Fish, when deemed to be for sale 
or consumption 37 44 
SECTION 
Fish, not fresh or sound, not to be 
brought into District or offered 
for sale 40, 41, 53 
Fish, mode of keeping 43 
Fish that died by accident 40 
Fish, unsound, to be reported... 48 
" " mode of treating.. 59 
Fish, false label or statement as to 52 
Fish, parts not used for food to 
be removed 63 
Flag stones to be replaced 72 
Food not to be made or sold 
under false name 3 
Food, unwholesome, deleterious, 
or adulterated 5 
Food, false label or statement as 
to 52 
Food, unsound mode of treating. 59 
Forges, ashes and cinders to be 
removed from. 118 
Foundries, ashes and cinders to 
be removed from. 118 
Fowls not sound and fresh. .40, 41, 53 
Fowls not sound, mode of dealing 
with 59 
Fowls not sound to be reported.. 48 
Fowls, mode of keeping 43 
" Garbage," meaning of 64 
Garbage not to be thrown in 
streets, rivers, etc 65 
Garbage boxes to be provided... 68 
" places of. 69 
Garbage boxes not to be inter- 
fered with 69 
Garbage, removal of. 68 
" delivery to carts 70 
Garbage, care in transporting ... 94 
Garbage, persons engaged in busi- 
ness of transporting, to have 
permit 83 
Garbage, duties of contractors to 
remove 113, 115 
Gas-tar or refuse not to escape .. 146 
Gas works, no substance need- 
lessly offensive, to escape from 146 
Gas works, odors from 146 
Gas not to be made of substances 
producing needlessly offensive 
matters 146 
Geese not to go at large 103 
Geese not to be yarded without 
permit 104 
Goats not to go at large 103 
Goats not to be yarded without 
permit 104 
Ground, what, and when, may be 
opened 119 
Grounds, filling up 168 
Guns, firing 148 
Gut-fat not to be taken to market 49 
Gutters to be cleaned 75, 77 
Gutters, ice and sno wremoved from 124 
SBCTIOM 
Hair not to be shaken or exposed 
in street 71 
Heads to be removed from carcass- 
es before taking to market.... 49 
Health, bill of, authority to give, 12 
" doing or advising, act 
detrimental to 2 
not preventing or remov- 
ing danger to 2 
" omitting act to prevent or 
remove danger to .... 2 
" Officer of port, duty of.. 30 
Hide tanning, skinning, etc., es- 
tablishments not to be started. 120 
Hides not to be unloaded without 
permit 35 
Hides of dead animals to be re- 
moved before taking to market 49 
Hogs, driving in street 45 
Hogs, unloading in street 103 
Horns of dead animals to be re- 
moved before taking to market 49 
Horses not to go at large 103 
" " be yarded without 
permit 104 
" sick, not to be brought in 105 
Horse racing forbidden 153 
Hotel keepers to report sick per- 
sons 21 
"House, tenement," meaning of. 128 
" boarding, " " 128 
" lodging, " " 128 
Hydrophobia, animals with, to be 
killed 106 
' ' animals exposed to, 
to be confined ... 106 
" animals that have 
had, how buried . 106 
Ice to be removed from walks and 
gutters 124 
Infected places or vessels, no per- * 
sons or things to be brought 
from ... 32 
Infectious disease 19 
Innkeepers to report sick persons 21 
Inquests, coroners', to be re- 
turned 17 
Inspection, obstructing 7 
Inspectors, duties of 7 
Institutions, officers of, to report 
persons sick 22 
Interments require permits 139 
Kin, next of, to report births and 
deaths 16 
Kite flying forbidden 153 
Lamb less than eight weeks old, 
meat from 41 
Lampblack manufactory 162 
Leather-dressing establishment 
not to be started 120 45 
SECTION 
Leather dressing, how conducted 120 
"Lessee," meaning of 2 
Life, doing or advising act dan- 
gerous to 2 
Life, not preventing or removing 
danger to 2 
" Light, " meaning of 1 
"Lighted," " " 1 
Lime not to be sieved in street.. 71 
Lobster shells removed daily.... 117 
Liquid, poisonous, deleterious, or 
adulterated 51 
"Lodging-house," meaning of. .. 128 
Lodging-houses, no unwholesome 
or deleterious food or drinks in 131 
Lodging-houses not to be over- 
crowded 133 
Lodging-house keepers to report 
sick persons 21, 27 
' ' Manager," meaning of 1 
" Manufactory," meaning of .... 128 
Manufactory to be lighted, venti- 
lated, and drained 134 
Manufactory, proper privies or 
water-closets to be provided for 132 
Manufactory not to be overcrowd- 
ed : 133 
Manufactory for certain purposes, 
not to be established 162 
Manufactory, refuse to be re- 
moved from 118 
Manure not to be thrown into 
streets or rivers 65 
Manure, persons engaged in busi- 
ness of transporting, require 
permit 83 
Manure, carts carrying, construc- 
tion of 93 
Manure, carts cairying, not to 
stand in street 92 
Manure carts, when not in use .. 92 
Manure to be removed 99 
Manure, care in transporting.... 94 
Manure, where not to be de- 
posited 100 
Manure-vaults, stables to have .. 99 
"Market, private," meaning of.. 38 
Market, mode of preparing dead 
animals before taking to 49 
Market, gut-fat not to be taken to 49 
Market, unsound or unwholesome 
articles not to be kept in 53 
Market to be kept cleanly 54, 55 
Market, animals not to be killed 
or dressed in 61 
Market, noxious substances not 
to be brought near 61 
Marriages, report of, to be made. 14 
Marriages, registry of, to be kept 
by persons solemnizing 13 
Marriages, registry of, what to 
contain 13 
SECTION 
Marriages, statement of, to be 
macle by clerks and officers ... 15 
Masters of vessels to report, 
23, 33, 34 
"Meat," meaning of 37 
Meat deemed to be for sale or 
consumption 37 
Meat, unsound or unwholesome, 
not to be brought into District 
or offered for sale 40, 53 
Meat, keeping, mode of 43 
Meat, unsound, to be reported .. 48 
Meat not to be taken to market 
till certain things done 49 
Meat, false statement or label as 
to 52 
Meat to be kept clean and whole- 
some 54 
Meat, unsound, mode of dealing 
with 59 
Meat that died by accident 40 
Medicine not to be made or sold 
under false name 3 
Medicine, poisonous, sale of .... 4 
Medicine, adulterated or delete- 
rious. . 5 
Midwives to keep registry of 
births 13 
Milk, false label or statement as 
to ;....' 52 
Milk, unwholesome, not to be 
brought into District or offered 
for sale 40 
Milk, adulterated, forbidden .... 122 
" swill, " .... 122 
" dealers to allow inspection 47 
Misrepresentation as to food .... 52 
Mules not to go at large 103 
Mules not to be yarded without 
permit 104 
Next of kin to report births and 
deaths 16 
Night soil, docks and piers for, 
not to be obstructed 112, 116 
Night soil, duties of contractors 
for 113, 115 
। Night soil, care in transporting 
and removing 94 
Night soil, not to run into street 
or grounds 87, 90 
Night soil not to come within two 
feet of top 87 
Night soil to be disinfected before 
removal 96 
Night soil, carts for, construction 
of 93 
Night soil, mode of using carts 
for 92, 95 
Night soil, not to escape from 
carts 95 
North Eiver, contents of privies 
not to be thrown into ....... 65, 90 46 
SECTION | 
Obstructing inspection 7 
" Occupant," meaning of 1 
Occupations detrimental to health 
forbidden 121 
Offal, docks for, obstruction of, 
112, 116 
Offal, duties of contractors 
for 113, 115 
Offal boiling forbidden 121 
Offal, not to be thrown into sew- 
ers, streets, rivers, etc 76 
Offal, carts for, to give notice ... 98 
Offal, where not to be deposited. 100 
Offal, care in transporting ..... 94 
Offal, persons engaged in busi- 
ness of transporting require 
permit 83 
Offensive liquids not to be kept.. 120 
" Officers," meaning of 1 
Officers of vessels to report.. 23, 33, 34 I 
36 
Omission of act or thing required 5 
Orders, by whom to be executed. 7 
Orders to be observed 164 
"Owner," meaning of 1 
Oyster shells to be removed daily 117 
Oyster saloons to be kept free 
from smell 117 
Part owner, ^ho is 1 
Pavement to be replaced 72 
" Permit," meaning of 1 
Permit to remove persons sick of 
contagious disease 25 
Permit to remove articles exposed 
to contagion 26 
Permit for burial . 139 
Permit for burial to be returned 
by sexton... 139 
Permit to remove bodies 142 
Permit to engage in certain occu- 
pations 121, 162 
" to deposit manure, offal, 
etc 100 
' ' to keep swine 101 
" to yard cattle, sheep, 
geese, goats, and horses, 104 
" to occupy offal or night 
soil dock 116 
" for certain kinds of busi- 
ness 121, 162 
" to keep cows 123 
" to ring bells 144 
" to blast or fire guns 148 
" to keep Pounds 159 
11 for vessels or things from 
Quarantine 30,31, 166 
" for persons or articles from 
infected places 32 
" to land rags, hides, etc... 35 
" to butchers and cattle 
-■dealers 39 
" ty slaughter-houses 60 
SECTION 
Permit to cattle yards 60 
" to occupy streets or side- 
walks 63, 67 
" for scavengers 83 
" to persons engaged in 
transporting manure, 
swill, ashes, offal, rub- 
bish, or garbage 83 
" to emply vaults, sinks, 
privies, and cesspools. 84, 88 
" to unload cattle, etc., in 
street 103 
" Person," meaning of 1 
Persons from infected places or 
vessels 32 
Physicians to keep registry of 
births and deaths 13 
Physicians, what included in term 19 
Physicians to register name, office, 
and residence 19 
Physicians to report persons sick 
of contagious disease 20 
Piers, manure, etc., not to be de- 
posited on 100 
Piers for offal, etc,, not to be ob- 
structed 112, 116 
Piers for night soil 112 
Pig, less than five weeks old, meat 
of, not to be sold 41 
Pig pens to be cleaned 99, 102 
Pigs not to run at large 101 
Pigs, driving in street 43 
Pigs, unloading in street 103 
Pigs, where not to be kept with- 
out permit 101 
Poison, sale of 4 
Poisonous liquid 51 
Police, duties of, 7 
Police to execute ordinances .... 163 
Pounds, duties of keepers of. 159, 160 
Prisons, duties of keepers of.... 155 
Privies, contents of, not to be left 
in streets or rivers 65 
Privies not to be emptied, except 
by permit 84, 88 
Privies to be built according to 
regulation 85 
Privies not to be built within two 
feet of line of lot 85 
Privies to be inspected before 
completion 85 
Privies not to be filled with dirt 
till cleaned 87 
Privies, contents of, not to run 
into street or grounds 87, 90 
Privies, contents of, not to come 
within two feet of top 87 
Privies, contents of, not to be- 
come offensive 87, 91 
Privies, contents of, not to be re- 
moved till disinfected 96 
Privies, carts carrying contents of, 
not to stand in street. 92 47 
SECTION 
Privies, carts carrying contents of, 
not to be needlessly offensive. 92, 94 
Privies, carts carrying contents of, 
when not in use 92 
Privies, construction of carts car- 
rying contents of 93 
Privies, nothing to fall from carts 
carrying contents of 95 
Privies, price for cleaning....... 96 
Privies, ashes, garbage, offal, etc., 
not to be put into 89 
Privies, tubs, etc., in, to be tight. 90 
Privies to be provided in certain 
buildings • 132 
'' Public place," meaning of 64 
Quarantine, vessels in. to be re- 
ported 30 
Quarantine, sick in, to be re- 
ported .. - 30 
Quarantine, vessels, persons, and 
articles that have been in, re- 
quire permit 31, 32, 166 
Quarantine, vessels, persons, or 
things ordered to, not to be re- 
turned 30 
Racing forbidden 153 
Ragsnot to be unloaded without 
permit 35 
Refrigerators of butchers, etc., 
construction of. .... 62 
Registry of marriages, what to con- 
tain 13 
Registry of births, what to con- 
tain ; 13 
Registry of deaths, what to con- 
tain 13 
"Regulation,"meaning of...... 1 
Regulation, special, to be observ- 
ed 164 
Removal of persons sick of conta- 
gious diseases, permit for 25 
Removal of bodies 142 
' ' Report, " meaning of 1 
Reservoirs, bathing in forbidden 78 
Reservoirs, matters not -to be 
thrown into 78 
Rooms, when not to be occupied 136 
" Rubbish, " meaning of 64 
Rubbish not to be thrown into 
streets or rivers 65 
Rubbish not to lay piled or raked 
in street 114 
Rubbish, removal of 68, 72 
Rubbish, delivery of to carts.... 70 
Rubbish, carts for to give notice. 98 
Rubbish, duties of contractors 
for 113, 115 
Rubbish, persons engagedin busi- 
ness of transporting to have per- 
mits 83 
Rubbish boxes to be provided.... 68 
SECTION 
Rubbish boxes, place of 68 
" Saloons," meaning of.. 128 
Saloon, unwholesome or delete- 
rious food or drinks not allowed 
in . .• 131 
Sand not to be sieved in streets.. 71 
Scarlet fever, a contagious dis- 
ease 19 
Scavengers to have permits 83 
Schools, duty of masters of 158 
Sewers, solid matters not to pass 
into 77 
Sewers, connections of to be ade- 
quate 80 
Sewer connections, duties of own- 
ers and occupants as to 80 
Sewers to be flushed 81 
Sewers, construction and care of. 82 
Sextons not to bury without per- 
mits 139 
Sextons to make returns 141 
Sextons to register 145 
Sheep not to run at large 103 
Sheep not to be yarded without 
permit 104 
Sheep, sick, not to be brought in. 105 
Sheep, driving, in streets 45 
Shell burning forbidden... 121 
Shells, oyster and clam, to be re- 
moved daily 117 
Ship fever 19 
Sidewalks, animals or vehicles not 
to be brought upon 126 
Sidewalks, snow and ice to be re- 
moved from 124 
Sidewalks to be kept in repair.... 125 
Sidewalks, dealers in meat, etc., 
not to occupy 63 
Sidewalks to be kept free from 
obstructions 125 
Sick persons, removal of 25, 26 
" " report of, 20,21, 22, 23 
24 
Sinks, contents of, not to be put 
in streets or rivers 90 
Sinks not to be emptied, except 
by permit 84, 88 
Sinks to be built according to reg- 
ulation 85 
Sinks to be inspected before com- 
pletion 85 
Sinks to have traps 86 
Sinks, contents of, not to run into 
streets or grounds 87 
Sinks, contents 'of, not to come 
within two feet of top 87 
Sinks, contents of, not to become 
offensive 87, 91 
Sinks, contents of, not to be re- 
moved till disinfected 96 
Sinks, carts carrying contents of, 
not to stand in street 92 48 
SECTION 
Sinks, carts carrying contents of, 
not to be needlessly offensive 
92, 94 
Sinks, carts carrying contents of, 
construction of 93 । 
Sinks, care in transporting con- 
tents of 94 
Sinks, carts carrying contents of, 
nothing to fall from 95 
Sinks, price for cleaning 96 
Sinks, offal, ashes, garbage, etc., 
not to be put in 89 
Skinning animals, business of, for- 
bidden 121 
Skins not to be unloaded without 
permit 35 
Slaughter-houses to be kept clean 55 
Slaughter-houses, offal, etc., to be 
removed from 55 
Slaughter-houses, blood from, not 
to run into street 56 
Slaughter-houses, occupation and 
construction of 57 
Slaughter-houses to be connected 
wuth street sewer 57 
Slaughter-houses, none in New 
York south of 42d street 43 
Slaughter-houses require permit. 43, 60 
Slaughtering cattle, mode of .... 43 
Slaughtering not to be done in 
street 56 
Small-pox 19 
Smoke from factories, etc 118 
Snow to be removed from side- 
walk 124 
Soil pipes to be adequate 80 
"Special regulations," meaning 
of 1 
Special regulations to be ob- 
served 164 
Spotted fever a contagious dis- 
ease 19 
Stables for cattle and horses to 
have manure vaults 99 
Stables for cattle to^e kept clean 55 
Stables, manure to be removed 
from 99 
Stables to be drained 99 
' ' cow, to be kept clean ... 123 
" animals infected not to be 
be kept in 123 
Stalls to be drained 99 
Straw from emigrant vessels 35 
Straw used as bedding not to be 
placed in street 100 
Streets, dealers in meats, etc., not 
to occupy 63 
"Streets," meaning of ... 64 
Streets, certain articles not to be 
shaken or exposed in 71 
Streets, persons in, not to be im- 
perilled by buildings or erec- 
tions 73 
SECTION 
Streets, nothing to imperil life or 
health to be placed or carried in 74 
Streets, mode of cleaning 77 
" dirt, brick, etc., in 67 
" not to be obstructed .... 126 
Streets, dirt or rubbish not to lay 
piled or raked up in 114 
Substance, poisonous, sale of.... 4 
Swill not to escape into street.... 66 
Swill, persons engaged in business 
of transporting, require permit. 83 
Swill boiling forbidden 121 
Swine not to go at large 101, 103 
" where not to be kept with- 
out permit 101 
Swine, unloading in street 103 
Swine, places where kept to be 
clean 102 
Swine, not to be yarded without 
permit 104 
Swine, sick, not to be brought in. 105 
Tanning establishments require 
permit to start 120 
Tanning establishments, how to 
be conducted 120 
Tar manufactory 162 
"Tenant," meaning of 1 
' ' Tenement house, " meaning of.. 128 
Tenement houses not to be over- 
crowded 133 
Tenement house, space to be 
allowed each occupant 133 
* ' Theatres, " meaning of 156 
" not to be overcrowded. 157 
" construction of. 157 
Tombs used only by permit 140 
" persons in charge of, to 
register 145 
Trade offensive, not to be started 
without permit 120 
Trade detrimental to health for- 
bidden 121 
Tubs in privies to be kept tight.. 90 
Tubs in privies, not to fill within 
four inches of top 90 
Tubs in privies, construction of.. 90 
Tubs in privies, contents of, not to 
be thrown into streets or rivers. 90 
Turpentine manufactory 162 
Urine not to escape into street... 66 
Undertakers to register 145 
Vaccination, duty of 29 
Varnish boiling factory not to be 
established 162 
Vats to have traps 86 
Vats to be cleaned and ventilated. 86 
Vaults not to be emptied except 
by permit 84, 88 
Vaults to be built according to 
regulation 85 49 
SECTION 
Vaults to be inspected before 
completion 85 
Vaults, contents of, not to run into 
streets or grounds 87, 90 
Vaults, contents of, not to come 
within two feet of surface 87 
Vaults, contents of, not to become 
offensive 87, 91 
Vaults, contents of, to be disin- 
fected before removal 96 
Vaults, carts carrying contents of, 
not to stand in street 92 
Vaults, carts carrying contents of, 
not to be needlessly offensive. 92, 96 
Vaults, carts carrying contents of, 
when not in use 92 
Vaults, carts carrying contents of, 
construction of 93 
Vaults, carts carrying contents of, 
nothing to fall from 95 
Vault, care in transporting con- 
tents of 94 
Vaults, ashes, offal, etc., not to be 
put in 89 
Vaults, price for cleaning 96 
Vaults for burial, used only by 
permit 140 
Vaults for burial, persons in 
charge of, to register . 145 
" Vegetable," meaning of. 37 
Vegetables not sound and fresh . 40 
Vegetables, unsound, to be re- 
ported 48 
Vegetables, decayed and unwhole- 
some, not to be kept or brought 
into district 50 
Vegetables, false label or state- 
ment as to 52 
SKCflOX 
Vegetables, unsound, mode of 
dealing with 59 
Vegetable matter, putrid, not to 
be thrown into streets, etc 76 
Vessels, officers, owners and con- 
signees of, to report persons 
sick 23, 33 
Vessels, officers, owners and con- 
signees of, to report infected 
articles 33 
Vessels, officers, owners and con- 
signees of, to report unsound 
cotton 34 
Vessels, removal of sick from ... 26 
Vessels from quarantine require 
permit 31 
Vessels not to unload skins, rags, 
hides, etc., without permit.... 35 
Vessels, officers to report various 
facts 36 
Walk, liquid from building not 
to pass on to . 75 
Water from building not to pass 
on to walk 75 
Water for human consumption to 
be kept pure 79 
Water, sufficient to be used to 
flush sewers 81 
Water closets to have traps .... 86 
Water closets to be ventilated and 
cleaned 86 
Water closets to be provided in 
certain houses 132 
Yarding cattle, sheep, horses, etc., 
requires permit 60 
Yellow fever 19 LAWS 
OF THE 
STATE OF NEW YORK, 
RELATING TO THE 
gftwpalitiui of gcdth, 
AND TO THE 
HJdw|wiIito MS oanl nf Excise, 
PASSED IN 1866 & 1867. 
KJEW YORK: 
BERGEN & TRIPP, STEAM PRINTERS, 
114 NASSAU STREET- 
1867. LAWS OF 1866. 
CHAPTER 74. 
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 26, 1866, 
three-fifths being present. 
The People of the State of New York, represented in Senate and, 
Assembly, do enact as follows: 
Section 1. So much of the territory of the State of New 
York, and of the cities, villages and towns thereof, as now com- 
poses the Metropolitan police district of the State, of New York, 
shall constitute, and is hereby declared, a district to be known 
as "The Metropolitan Sanitary District of the State of New 
York." 
Limits of dis- 
trict. 
§ 2. Within fifteen days after the passage of this act the Gov- 
ernor shall nominate, and, by and with the consent of the Senate, 
shall appoint four suitable persons, residents of said district, three 
of whom mast be physicians, and one of whom shall be a resident 
of the city of Brooklyn, who, with the Health Officer of the port 
of New York for the time being, shall be Sanitary Commissioners 
in and for said district; and the said Sanitary Commissioners, 
together with the Commissioners, for any time being, of the Metro- 
politan Police, (notexceeding four, and being the present four and 
their successors,) shall constitute a board of health for the said 
.Metropolitan sanitary district, and said board shall be denomi- 
nated " Tiie Metropolitan Board of Health ;" any five members of 
which, at any regularly called or adjourned meeting, shall organ- 
ize and constitute a quorum for the transaction of business; and 
the phrase "said board, " or " the board, " when used herein un- 
less clearly referring to some other body, shall be construed to 
mean said "The Metropolitan Board of Health" and the phrase 
" said district, " or "the district, " unless the same clearly refers 
Mode of appoint- 
ment of lo st 
commissioners. 
Sanitary Com- 
missioners. 
Designation of 
Board. 
Quorum. 
Mean'ng of 
phrast s. 4 
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 either 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. 
Official term of 
first Commis- 
sioners. 
Oath. 
§ 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 tilled 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. 
Term of Office 
and appoint- 
ment of subse- 
quent commis- 
sioners. 
Vacancies. 5 
§5. * Immediately after the four appointed Sanitary Commis- 
sioners 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 Presi- 
dents of said Board of Health shall be annually elected 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 
shall respectively continue in office as such until removed by the 
election of a successor or otherwise. The said Sanitary Com- 
missioners shall each receive a salary of two thousand five 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;f and ti e 
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- 
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 often 
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 it shall be the 
duty of the Treasurer to see that all such deductions are made 
before payments of said salaries. J The Board may appoint a Cor- 
responding Secretary at an annual salary not exceedingone thou- 
sand dollars. 
Organize. 
President. 
Treasurer and 
Secretary. 
Salaries. 
Failure to at- 
tend meetings. 
Corresponding 
secretary. 
§ 6. The President of the said Board shall preside and preserve 
order at the meetings of the Board ; and in case of the absence of 
or inability of the regular Secretary to attend, he shall appoint a 
Secretary pro tem., who, for the time being, may perform any 
duty of the Secretary.|| The President shall have all the power 
and authority given to the "City Inspector," in the six hundred 
and forty-sixth chapter of the laws of eighteen hundred and sixty- 
President. 
Street Cleaning. 
* Amended. Laws of 1866, Chapter 686, Section4. 
+ Amended, Laws of 1867, Chapter 956, Section 16. 
* Amended, Laws of 1866, Chapter 6S6, Section 4. 
s Amended, Laws of 1867, Chapter 956, Section 1. 6 
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 .tern. 
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 lime to time by the Board, shall not exceed three 
thousand fivehundred dollars annually. Said Board may design 
and adopt a seal and use the same in the authentication of its 
orders and proceedings, commissioning its officers and agents, 
and otherwise, as the rules of the Board may provide. 
Old contracts. 
Officers, pre. 
tern. 
Duties of Sec- 
retary. 
Salary of Secre- 
tary. 
Seal. 
Treasurer. 
§ 7. The Treasurer of said Board shall be the fiscal officer 
of the Board. lie shall hold, and on check and voucher, duly 
disburse, as said Board may order, and for the purposes < f 
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 paidjohim 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 presenc 
his vouchers therefor; and should any collections ever be made 
on such bond, or in suits or proceedings, or otherwise, by said 
Bond. 
Treasurer's ac- 
counts. 
* Amended, Laws of 1867, 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 banks aforesaid, applied for the legitimate uses of said 
Board, or as herein elsewhere provided. 
§ 8. Any sanitary commissioner of said Board who shall ac- 
cept or hold any political or municipal office during his term of 
office, or shall be publicly nominated for any office elective 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 created shall befilledasis provided as to other 
vacancies; but membership of this Board shall not affect member- 
ship in the Board of Police or the office of Health officer. 
Hold no other 
office. 
§ 9. Any member of the said Board may, at any time, be re- 
moved from office by the Governor, under the provisions of the laws 
relative to the removal of sheriffs from office, which provisions are 
hereby extended so as to relate to the members of said Board ; but 
before such removal, such member shall be served with specific 
charges, stating the dereliction of duty complained of, and shall 
be afforded an adequate opportunity to publicly answer the same 
and to make his defence thereto, upon reasonable notice to be given 
him ; and on the application of the Governor, or the party charg- 
ed, any ju Ige of the Supreme Court shall have as full power and 
authority to compel the attendance and examination of witnesses, 
touching such charges or defence, and the production of books 
and papers relating thereto, at the place and time where the afore- 
said proceedings or hearing may take place, as is given herein in 
respect to the examination of witnesses, or 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 of any 
other judge named in said section) to exercise such authority, 
and to take or supervise the taking of such examination to be 
used on the hearing of such charges or defence. And if, by re- 
movals or other cause, the members of the Board shall be less 
than five (but not less than three,) the existing members shall 
still constitute a Board, competent, by unanimous action to exer- 
cise the powers delegated by this act. 
Bem oval of 
Commissioners. 
Powers of Board 
when less than 
five. 
§ 10. Said Board shall have power to create a chief executive 
office, and appoint a suitable person to fill such office, who shall 
be an experienced and skillful physician, resident in said district, 
whose full name of office shall be, " The Sanitary Superintendent 
Sanitary Super- 
intendent. 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 be 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. lie shall be entitled to receive a salary to be fixed by 
the Board, which shall not exceed five thousand dollars annually.* 
Such Superintendent shall make reports weekly, or oftener, if di- 
rected by the Board, in writing, 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 
Board may appoint two " Assistant Sanitary Superintendents," 
one of whom shall be a resident of the 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 
salaries, not to exceed thirty-five hundred dollars a year each, 
shall be fixed by the Board.f 
Salary of Super- 
intendent. 
Assistant Su- 
perintendents. 
Salary of Assis- 
tants. 
§ II. Said Board may appoint and commission such number 
ofsanitary inspectors " as the Board may deem needful, not 
exceeding fifteen, and, from time to time prescribe the duties and 
salaries^ 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, which may especially qualify them 
for such inspectors. Each of such inspectors shall, twice in each 
week, make a written report to said Board, stating what duties 
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 
such, and the other reports herein elsewhere mentioned, shall be 
Sanitary Inspec- 
tors. 
Duties of In- 
spectors. 
Reports pre- 
served . 
* Amended, Laws of 186", Chapter 956, Section 15. 
+ Amended, Laws of 1867, 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 
salaries, and take such legal advice and employ such attorneys, 
as may be necessary to the efficient, safe and economical dis- 
charge of the duties by this act devolved on said Board. And 
may also rent, lease, fit up and furnish such offices as the conven- 
ience of the Board, its officers, agents and employees, and the 
prudent and proper discharge of the duties of the Board may re- 
quire; and may make such incidental and additional expenditures, 
having due regard to economy, as the purposes and provisions of 
this act and the dangers to life and public health may justify or 
require; and may provide that any failure of any officer, agent 
or employee of the Board to duly fulfill his engagements or dis- 
charge his duty, shall cause a forfeiture of the whole or any less 
portion of the salary or compensation of such officer, agent or 
employee, as the rules or practice of the Board may provide. 
And the Board of Police is authorized to allow the Board of 
Health to occupy a portion of its premises. 
Clerks. 
Attorneys. 
Offices, 
Incidental ex- 
penses. 
Forfeiture of 
pay, 
Offices. 
§ 12. *The authority, duty and powers, whether given by any 
law, or by any ordinance made thereunder heretofore (for the 
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 
in the city of New York, or of or in the city of Brooklyn, or else- 
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 aldermen, the president 
of the board of aidermen, the president of the board of assistant 
aidermen (or councilmen,) the resident physician, the health 
commissioner, the mayor and the commissioners of health, the 
commissioners of health, the city inspector, (or the city inspect- 
or's department) of either of said cities; or conferred upon or 
now belonging to any two or more of the said bodies or officers, 
or last named boards or departments, or to any board of health 
or health officer or agent in said district, or exercised by any of- 
ficer or person appointed by or deriving authority from any one 
or more of the bodies, officers, departments or last named boards 
(so far as said powers and authority can be exercised and such 
duty performed by the board hereby created, without interfer- 
ence with the proper discharge of the duties, other than san- 
itary duties, heretofore imposed upon the board of metropolitan 
Board to have 
powers hereto- 
fore exercised 
by other boards 
and officers. 
* Amended, Laws of 1866, Chapter 686, Sec. 3. 
2 10 
police), are hereby exclusively conferred upon, and shall hereaf- 
ter be exclusively exercised by the aforesaid " The Metropolitan 
Board of Health the members and officers thereof, as herein 
provided ; and the same are to be exercised as lierein 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 thereof; 
and after this act goes into effect no salary or compensation shall 
be paid to 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 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 
conferred upon said Board shall be held to include all the power, 
duty and authority given, or conferred or purporting 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 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 hundred and sixty, and by 
any existing amendments and additions thereto. But no fees of 
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- 
Avith, conferred by any law or ordinance relating to any part of 
said district, and especially by the act of the seventeenth of April, 
eighteen hundred and fifty-four (being the three hundred and 
eighty-fourth chapter of the laws of eighteen hundred and fifty- 
four,) 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 
this section given shall not be held to interfere with the powers 
and duties of the Croton Aqueduct Board, Street Commissioner, 
How to be exer- 
cised . 
Cities to pay no 
salaries. 
Power conferred 
by certain Ordi- 
nances of New 
York, transfer- 
red to Board. 
No fees. 
Powers given 
by Brooklyn 
charter transfer- 
red to Board. 
Whatboards not 
to be affected. 
* Amended, Laws of 1866, Chapter 686, Section 8. 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 any- 
thing 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 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 sec- 
tions 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 officer or agent, or incur any expense, under any of said (or 
other) health laws or ordinances, or in any respect of any matter 
concerning which 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 conferred upon 
said board. 
Municipal au- 
thority not to 
interfere. 
Nor appoint offi- 
cers or incur ex- 
pense. 
§ 13. Said Board shall possess all the authority and be charged 
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 April, one 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 the name of said 
Board instead of that of the City Inspector of the City of New 
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 hereby conferred upon the Mayor of the City of 
New York. And it shall be the duty of said Inspector, and 
of whoever may have possession or control thereof, to transfer 
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 control, and 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 under said laws shall cease when this 
act goes into effect, and the Justices of the Supreme Court shall 
Biiths, deaths 
and marriages. 
Weights and 
Measures. 
City Inspector 
to deliver 
books, &c. 
* Amended, Laws of 1867, Chapter 956, Section 11. 12 
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 person occupying or living in any 
house or premises in or on which any person may die, and of the 
parents of any child born in said district, (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 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 sex and color of such child born 
and the names of the parents, and the age, color, nativity, last 
occupation and cause of death of such deceased person, and the 
ward and street, and place of such person's death and last resi- 
dence. And for every omission 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 copy of the same to said 
Board within ten days after any birth or marriage provided to be 
registered, and for every omission by any person to make the re- 
port of any death or birth, with the particulars as herein requir- 
ed, any person guilty of said omission shall be liable to pay a fine 
of ten dollars, which may be sued for and recoveredin 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 such report had been made 
to the Board by some other person before suit brought for such 
penalty, or that he or she was ignorant of such birth or death.* 
No fees to be 
demanded. 
Duty to report 
births and 
deaths. 
Penalty for 
omission. 
What Board 
may order done. 
§ 14. First-Whenever any building, erection, excavation, 
premises, business pursuit, matter or thing, or the sewerage, 
drainage or ventilation thereof, in said district, shall, in the opin- 
ion of said Board (whether as a whole or in any 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 authorize its declaration that the same, to the ex- 
tent it may specify, is a public 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- 
Declare nui- 
sance. 
* See Laws of 18GT, Chapter 956, Section 11, 13 
tier shall specify; and shall cause said order, before its execu- 
tion, to be served on the owner, occupant or tenant thereof, or 
some of them, which to said Board, may appear most directly in- 
terested in its execution, provided said parties, or any of them, 
arc 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 duty of 
said Board f to temporarily suspend or modify said order or the 
execution thereof, (save in cases of imminent danger from im- 
pending pestilence, when said Board may exercise extraordinary 
powers, as herein elsewhere specified,) and to give such party or 
parties together, as the case in the opinion of the Board may re- 
quire, a reasonable and fair opportunity to be heard before said 
Board, and to present facts and proofs, (according to the rules 
or directions of said 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 and the 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 a new 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- 
tion, vehicle, vessel, water-craft, room, building, place, sewer, 
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 or thing, 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 
Service of 
orders. 
Impending pes- 
tilence. 
Hearing. 
What Board 
may order done. 
* See Laws of 1867, Chapter 956, Section 5, and Laws of 1867, Chapter 908, Section 9. 
+ Amended, Laws of 1866, Chapter 686, Section 6. 
J See Laws of 1867, Chapter 956, Section 12. 
] Amended, Laws of 1866, Chapter 686, Section 6. Laws of 1867, Chapter 956, Section 10. 14 
Police to ex- 
ecute orders. 
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 
execution. Or the said Board of Health, if it shall consider the 
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 Board of Police and the said Board of 
Health shall have, each as well as the authority conferred by this 
act as all the powers and authority conferred by the fifty-third and 
fifty-fourth sections of the Metropolitan Police act, passed on the 
twenty-fifth day of April, eighteen hundred and sixty-four, and 
of any amendments made to said act or to be made enlarging 
such authority and all powers and authority possessed and exer- 
cised by said Board of Police under said act pertaining to sani- 
tary matters, or in conflict with the objects and purposes of this 
act, shall hereafter be enjoyed, possessed and exercised by said 
Board of Health, and the orders of the kind in this section sec- 
ondly mentioned shall, if the proper person or persons are known 
to the Board, and can be conveniently found in said district, on 
whom to make the service, be served upon one or more of the 
owners, occupants, lessees or tenants of the subject matter to 
which said order relates, or upon one or more of the persons 
whose duty it was to have done what is therein required to be 
done, as the case may render just and proper in the opinion of 
said Board;* and if said order is not complied with, or as far 
complied with as the Board may regard as reasonable, within five 
days after such service or attempted service, or within any short- 
er time which, in case of pestilence, the Board may have desig- 
nated, or is not thereafter speedily and fully executed, then any 
such order may be executed as herein elsewhere provided in re- 
gard to any of the orders of said Board. And if personal ser- 
vice of any aforesaid order cannot be made under this section by 
reason of absence from said district, or inability to find such per- 
sons therein, to be shown by the official certificates of the officer 
having such order to serve, then service may be made through 
the mail, or by a copy left at the residence or place of business 
of the person sought to be served, with a person of suitable age 
and descretion, and the expenses attending the execution of any 
and all such orders respectively shall be a several and joint 
Health Board 
may execute its 
own orders. 
§53 and 54 of Act 
of 25th April, 
1S64. 
Health powers 
of police trans- 
ferred to Board 
of Health. 
Service of 
orders. 
Service of order. 
* Amended. Laws of 1S6T, Chapter 956, Section 5; Chapter 90S, Section 9. 15 
personal charge against each of the owners or part owners, and 
each of the lessees and occupants of the building, business, place, 
property, matter or thing to which said order relates, and in res- 
pect of which said expenses were incurred ;* and also against ev- 
ery person or body who was by law or contract bound to do that 
in regard to such business, place, street, property, matter or 
thing which said order requires, and said expenses shall also be a 
lien on all rent and compensation due, or to grow due, for the use 
any place, room, building, premises, matter or thing to which 
said order relates, and in respect of which said expenses were in- 
curred; and also from the time of filing, as aforesaid, f alien on 
all compensation due or to grow due for the cleaning of any 
street, place, ground or thing, or for the cleansing (or removal) 
of any matter, thing or place, the failure to do which by the par- 
ty bound so to do, or the doing of the same in whole or in part 
by order of said Board, was the cause or occasion of any such or- 
der or expense.J Said Board of Health, its assignee, or the party 
who has under its order, or that of the Board of Police, acting 
thereunder, incurred said expense, or has rendered service for 
which payment is due, and as the rules of said Board of 
Health may provide, may institute and maintain a suit against 
any one herein declared liable for expenses as aforesaid, or against 
any person, firm or corporation owing, or who may owe such 
rent or compensation, and may recover the expenses so incurred 
under any order aforesaid.|| And only one or more of such par- 
ties liable or interested may be made parties to such action as the 
Board may elect; but the parties made responsible as aforesaid 
for such expenses shall be liable to contribute or to make pay- 
ment as between themselves, in respect of such expenses and of 
any sum recovered for such expenses or compensation, or by any 
party paid on account thereof, according to the legal or equitable 
obligation existing between them. And it is hereby declared to 
be the duty of every owner and part owner and person interest- 
ed, and of every lessee, tenant and occupant of, or in any place, 
water, ground, room, stall, apartment, building, erection, vessel, 
vehicle, matter and thing in said district, and of every person 
conducting or interested in business therein or thereat, and of 
every person who has undertaken to clean any place, ground or 
street therein, and of every person, public officer and Board hav- 
ing charge of any ground, place, building or erection therein, to 
Expenses a 
charge. 
Expenses a lien 
on rent and 
compensation. 
Action by as- 
signee. 
Parties to suit. 
Every body's 
duty to clean, 
drain, 
* See Laws of 1867, Chapter 956, Section 13. 
+ Amended, Laws of 1866, Chapter 6S6, Section 5. 
$See Laws of 1867, Chapter 956, Section 18. 
{ See Laws of 1867, 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 
or prejudicial to life or health. And in any suit in this action, or 
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 inspector or officer of said Board of Health, as 
the regulations of either of said 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 committing in 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 to said Board of Health, or who shall 
in such presence, resist, 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 misdemeanor. And said Board of Health, having first en- 
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 attested by the signature of its 
president and secretary, and indicating, 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 effect and shall 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 being and have the rights and liability of a 
party under arrest by order of the proper officer or tribunal, for 
a misdemeanor of the nature indicated in the said order of arrest. 
Proofs, affidavits and examinations as to any matter under this 
act may be taken by or before one or more members of the 
Board, or other person, as the Board shall authorize ; and the 
secretary, the sanitary 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 
or partly within said sanitary district, or who is holding court or 
chambers therein, upon the written application of said Board or 
its president, to be made by or through its attorney or counsel, 
Authority of 
Board to be pre - 
snmed. 
Arrests by In- 
spectors, &c. 
Arrests ordered 
by Board. 
Proof, by whom 
taken. 
Officers may ad- 
minister oaths. 
Judge may or- 
der examin- 
ation. 17 
tnay issue his 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 copies of the whole or parts thereof, at a time 
and place within said district, 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 judge, and 
with any copies of books or papers be delivered to said Board or 
its secretary, for the use of said Board. And such examination, 
and any proceeding connected therewith or under said order, 
may wholly or in part be had, conducted or continued by or be- 
fore any other of said judges, as well as that one thereof who 
made said order; and in and about the same, every such judge 
shall have as full power and authority to punish for contempt, 
and enforce obedience to his said or other order or directions res- 
pecting the matter aforesaid (or that of any other judge,) as any 
such judge or 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 in said district as to which said 
board requests the same to take place, and the judge shall, on the 
proceedings, decide what questions are pertinent and allowable 
in respect thereto, and shall require the same to be properly an- 
swered ; but no answer of any person so examined shall be used 
in any criminal proceeding. Service of any order of any such 
judge may be made, and the same proved in the same manner as 
the service of either an injunction or of a subpoena may now be 
made or proved. And it,shall be the duty of all said judges to 
facilitate the early determination of the aforesaid proceedings. 
How conducted 
And enforced. 
What applica- 
tion to contain 
How judge's 
order served 
§ 15. It shall be the duty of said Board to give all information 
that may be reasonably requested concerning any threatened dan- 
ger to the public health, to the Health Officer of the port of New 
York, and to the Commissioners of Quarantine of said port, who 
shall give the like information to said Board ; and said Board 
and said Officer and said Quarantine Commissioners shall, so far 
as legal and practicable, co-operate together to prevent the 
spread of disease, and for the protection of life, and for the pro- 
motion of health, within the sphere of their respective duties; 
3 
Board to give 
and receive in- 
formation . 18 
Powers of 
Health Officer 
and Quarantine 
commissioners 
reserved. 
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- 
tain and prevent 
disease. 
§ 1G. And said Board shall use all reasonable means for ascer- 
taining the existence and cause of disease or peril to life or 
health, and for averting the same throughout said district; and 
shall promptly cause all proper information, in possession of said 
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 
take measures, and supply agents, and afford inducements and 
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 
of great and imminent peril to the public health in said district, 
by reason of impending pestilence, it shall be the duty of said 
Board to take such measures and to do and order, and cause to 
be done, such acts and make such expenditures (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, and the Governor of the State shall also in writing approve. 
But the exercise of this extraordinary power shall also, so far as 
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. 
To inform and 
be informed by 
such boards. 
Vaccination and 
medical relief. 
When pesti- 
lence impend- 
ing to take ex- 
traordinary 
measures. 
Six members to 
concur. 
Police to report 
danger to 
health. 
§ 17. It shall be the duty of said Metropolitan Police Board 
(and of its officers and men, as the last named Board shall direct) 
to promptly advise said Metropolitan Board of Health of all 
threatened danger to human life or health, and of all matters 
thought to demand its attention, and to regularly report to said 
Board of Health all violations of its rules and of said ordinances 
and of the health laws, and all useful sanitary information.! And 
And violations 
of ordinances. 
♦Amended, 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- 
ty of human life in said district. And it shall be the duty of said 
Metropolitan Police Board, by and through its proper officers, 
agents and men, to faithfully and at the proper time enforce and 
execute the sanitary rules and regulations, and the orders of said 
Board of Health (made pursuant to the power of said Board of 
Health,) upon the same being received in writing and duly au- 
thenticated, as said Board of Health may direct. And said Po- 
lice Board is authorized to employ and use the appropriate per- 
sons and means, and to make the necessary and appropriate expen- 
ditures for the execution and enforcement of said rules, orders 
and regulations, and such expenditures so far as the same may 
not be refunded or compensated by the means herein elsewhere 
provided, shall be paid as the other expenses of said Board of 
Health are paid. And in and about the execution of any order 
of the Board of Health or of the Board of Police made pursuant 
thereto, police officers and policemen shall have as ample power 
and authority as when obeying any order ofor law applicable to 
the. Police Board, 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. 
Police to exe- 
cute orders. 
Police to em- 
P'Oy persons, 
Authority as 
under special 
warrant. 
§ 18. It shall be the duty of said Board, so far as it may be 
able without serious expense, to gather and preserve such infor- 
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 promo- 
tion of the health or the security of life in the State of New York. 
And it shall be the duty of all health officersand boards of health 
in the State to communicate to said Metropolitan Board ofHealth 
copies of their reports, and also such sanitary information as may 
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 
orders, so far as reasonably practicable. 
Facts as to 
deaths, &c. 
Sanitary re- 
ports to be com 
municated to 
Board. 
liecords kept. 
§ 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 
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 
for the past year, and may contain other useful information, and 
Annual report. 
What to con- 
tain. 20 
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 a detailed statement, 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 report, printed in an economical form, at the expense of said 
Board, and may distribute the same as shall be best adapted to 
promote the purposes of this law; but a copy of said report shall 
be sent to each duly organized Board of Health in the State of 
New York which may have requested such copy, and shall have 
furnished said Board with a copy of its own annual report. 
May print re- 
port. 
By-Laws, &c. 
§ 20.* Said Board may enact such by-laws, rides 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, and for the protection of life and public health; and from 
time to time may alter, annul or amend the same. And said 
Board shall, in like manner, before said rules and ordinances take 
effect, and for 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 and publish the same twice a 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 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 effect within said district for the 
term of one year, unless annulled ;f and all courts and tribunals, 
or any judge or justice thereof, shall take cognizance of and give 
effect to said ordinances and the several parts thereof, and may 
enforce such ordinances by a penalty not exceeding fifty dollars 
for each offence, recoverable in any justice's or district court, 
with costs; but nothing in this section contained shall be con- 
strued as in any manner limiting any powers herein elsewhere 
contained. J 
Publish By- 
Laws. 
Code of health. 
Penalty. 
* Amended, Laws of 1866, Chapter 6S6, Section 1. 
+ Amended, Laws of 1866, Chapter 687, Section 1; Laws of 1867, Chapter 956, Section 10. 
* Amended, Laws of 1866, Chapter 686, Section 1; Laws of 1867, Chapter 956, Section 10, 21 
§21. Said Board shall cause to be 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 the 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 cause the facts in regard to such complaints to be in- 
vestigated, and the appropriate remedy to be applied. 
Complaint 
book. 
Complaint to be 
investigated. 
§ 22. Said Board may, from time to time, engage a suitable 
person or persons to render sanitary engineering service, and to 
make or supervise practical and scientific sanitary investigations 
and examinations in said district requiring engineering skill, and 
to prepare plans and reports relative thereto. And it is hereby 
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 any plan, description, outline, drawing or charts 
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 thereto by said Board authorized; and the members of 
said Board, the sanitary superintendent or assistant aforesaid, 
any of the aforesaid sanitary inspectors, and such other officer or 
person as may at any time be by said Board authorized, may, 
without fee or hindrance, enter, examine and survey all grounds, 
erections, vehicles, structures, apartments, buildings and places 
in said district, including vessels of all kinds in the adjacent 
waters, and all cellars, sewers, passages and excavations of every 
sort, and inspect the safety and sanitary condition and make 
plans, drawings and descriptions thereof, according to the order 
or regulations of said Board. Said Board may make and pub- 
lish a report of the sanitary condition, and the result of the in- 
spection of any place, matter or thing in said district so inspect- 
ed, or otherwise as aforesaid, so far, as in the opinion of said Board, 
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 
Engineering 
service. 
Inspection of 
charts, &c., to be 
permitted. 
Right to enter 
and inspect. 
Make sanitary 
condition 
public. 
Badge. 22 
False represen- 
tation or perso- 
nation. 
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 officer. 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 
frequently as the 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. 
Regular and 
special meet- 
ings. 
Meetings and 
orders presum- 
ed authorized. 
Board to enforce 
Health Laws. 
§ 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 laws 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 which 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 
What included. 
Boards may re- 
quire repoi ts 
from institu- 
tions, asylums, 
&c. 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, 
officers and boards to make to said Board of Health the reports 
and returns, and to give the information and afford to said Board 
the aid and facilities which by law or ordinance they or any of 
them were required to make, afford or give to any person, offi- 
cer or boavd, when any powers hereby conferred on said Board 
of Health were exercised by any other officer or board. 
Board to be 
aided. 
§ 25. Such Board shall not be required to make any return or 
report, or give any information or advice, or do any act which, 
under the former administration of the health laws in said dis- 
trict, was made necessary or appropriate by reason of the various 
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 regulations 
as to the publicity of its records and proceedings; and may pub- 
lish such information as may, in its opinion, be useful, concern- 
ing births, deaths, marriages, sickness, and the general sanitary 
condition of said district, on any matter, place or thing therein. 
Returns not re- 
quired of Board. 
Regulations as 
to records. 
May publish 
information. 
§ 26. The department known as the " City Inspector's Depart- 
ment," ami every bureau thereof, and so much of the twenty-sev- 
enth section of the four hundred and forty-sixth chapter of the 
laws of eighteen hundred and fifty-seven, as relate thereto, and 
each and every office in the said district relating to public health, 
or the duties of which are conferred on said Board, except the 
Health Officer of the port of Xew York and the Board of Quar- 
antine Commissioners and its officers, are hereby abolished. 
And no salary or compensation shall be due or paid by any offi- 
cer or board whatever, to any officer or agent or board in said 
district for services to be rendered after this act goes into effect, 
under any law or ordinance concerning life or public health, ex- 
cept under this act and as authorized by the board hereby creat- 
ed. And all other boards and officers now existing in said dis- 
trict under or by virtue of any law or ordinance relating to 
public health, are hereby also abolished; and no compensation 
shall be paid to or in respect of the same for any service rendered 
after this law shall go into effect, save as said Board of Health 
shall authorize. 
Ci'y Inspector's 
Department and 
all health offi- 
ces abolished. 
Salaries of 
Health Officers 
not to be paid. 
§ 27. All the sums of money provided or raised for meeting 
the expenses, compensations and payments provided by this act, 
or that may be authorized by said Board (except penalties or 
other sums received and amounts collected by suit as herein pro- 
Funds of Board. 24 
tided,) 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 said Board may direct, and shall be ap- 
plied and paid by the treasurer of sail Board only as this act 
and the regulations of said Board may authorize. And unless 
this Board shall otherwise specially provide, all salaries and com- 
pensation for services and expense shall, so far as practicable, be 
paid quarterly. And any member or officer of said Board may, 
if a judge shall so order, be summarily examined upon an order 
(to be made on application and written affidavit on the oath of 
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, at a day and hour to be named, 
not less than forty-eight hours after personal service of said or- 
der, and such examination shall be confined to an inquiry int0 
any alleged wrongful diversion or misapplication of any of said 
moneys or fund, or any other delinquency charged in said affida- 
vit, touching their office or the discharge or neglect of duty of 
which it is alleged, in the application for said order, that such 
member of said Board or said officer has knowledge or informa- 
tion. And such member or officer shall answer such pertinent 
questions relative thereto as the judge shall direct, and the ex- 
amination may be continued from time to time as such judge 
may order, but the answers of the party charged shall not be 
used against him on any criminal proceeding. The proceedings 
may be continued before any other judge in said district, and 
other witnesses, as well as the parties making such application, 
may, in the discretion of such judge, be compelled to attend and 
be examined touching such alleged delinquency; and such judge 
may punish any refusal to attend such examination or to answer 
any questions pursuant to his order as for and being a contempt 
of court. And such examination, affidavit and orders shall be 
filed in the office of the County Clerk of the county of New 
York. And in regard to this last examination and matters 
therewith connected, any such judge shall have all the powers 
and authority conferred in respect to the examination or pro- 
ceedings mentioned in the fourteenth section hereof, as if herein 
repeated. 
Salaries when 
payable. 
Commissioners 
in iv be exam- 
ined. 
How examina- 
tion conducted. 
§ 28. The Mayor and Comptroller of the city of New York, 
and the Mayor and Comptroller of the city of Brooklyn, togeth- 
Board of Esti- 
mate® 25 
er with the members of said Board, created by this act, shall, on 
reasonable notice from said Board, convene at the office of 
said Board of Health, as a Board of Estimate, a majority of 
whom shall form a quorum, and shall 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 hand), for the expenses and propel 
support, and for the discharge of the duties of said Board, includ 
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 Esti- 
mate, become necessary, with the enumeration thereof. But the 
sums raised for the expenses of any year shall not exceed one 
hundred thousand dollars in amount, independently 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 corporation.* And the 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 sevo. 
ral cities, counties and towns in said district as hereinafter pro- 
vided, and collected 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 town in said district. 
And in apportioning the salaries of the members of the Board, 
its officers, agents and employees, the following rules shall be 
observed: 
When to moot. 
Limitation of 
amount. 
Mode of appor- 
tion men t. 
1. The salaries and compensation of all members of the board 
appointed to this board, other than the health officer, 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 paid by such county. 
2. The salary of the Health Officer, and all general, office, 
♦ Amended Laws of 1867, Chapter 95C, Section 15. 
4 " 26 
Contingent and other expenses of the heard, not included in the 
first class aforesaid, shall he 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 apportionment against any county (or town therein), 
other than the counties of New York and Kings, shall be made 
under the two foregoing clauses, unless as follows, that is to say : 
Each other county (and each of said towns) shall have appor- 
tioned against it and shall pay all disbursements and expenses 
arising, caused or ordered therein, to or by said Board, or for 
salaries, and services, or portions thereof, earned or rendered 
therein, as the regulations of said Board may provide ; but such 
salaries and services will not include any portion of the salaries 
of the members of the board or of its general officers. 
4. It is further provided, in respect of each of said counties, 
that all the expenses caused by any act or any order of said 
board, or the execution thereof in or for any particular county or 
part thereof, shall be apportioned to and be paid by said county 
or part thereof; and any sums collected in either shall be cred- 
ited to such county or part thereof, 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 
September in each year, be submitted to the committee of revis- 
ion, composed of the presidents of the boards of supervisors of 
the counties of New York, Kings, Westchester and Richmond, 
and of the presidents of the board of aldermen of the city of 
Brooklyn, and of the supervisors of the respective towns of 
Newtown, Flushing and 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, notify, 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 consider the 
said objections. If such committee shall fail to meet, or if said 
board of estimate shall adhere to their original action and esti- 
Co mnittcc of 
ic vision. 
If comniitlec < f 
revision object.. 27 
mate, or if they shall modify the same, but they shall not in- 
crease the same, then their final determination, apportionment 
and action shall be binding and conclusive upon all concerned. 
And the board of supervisors of the counties of New York, 
Kings, Richmond and Queens (the expenses in the last-named 
county 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, to 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 aforesaid. The sums of money so respectively 
raised, as provided for in this act, shall be, by the proper ofli 
cers, immediately and without deduction, paid into the Treasury 
of the State, and shall constitute the separate fund herein else 
where mentioned and provided, and be used only for the purpe 
ses of said Board, and shall be paid from the State Treasury, un- 
der such appropriate regulations as shall be agreed upon between 
the Comptroller of the State, the State Treasurer and the Treas- 
urer of said Board. 
If fail to meet 
or adhere to be 
conclusive. 
Money to be 
raised in re- 
spective coun- 
ties and towns. 
Disposition of 
money. 
§ 29. The said Board may borrow on the credit of this act, and 
of the funds to be raised thereunder, such amounts (the borrow- 
ing of the same respectively to be first approved in writing by 
the Governor of the State) as may, in the opinion of said Board, 
be reasonably necessary and proper to enable it to discharge its 
duties and defray its expenses hereby authorized, up to the time 
when the requisite funds can be realized for said Board and pur- 
poses from the taxation and sources herein provided for and 
authorized ; and such moneys so borrowed, with legal interest, 
shall be a charge upon and shall be repaid by the said counties and 
cities and towns in the proportion hereinbefore provided, 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 first annual estimate of the sums required and expen- 
ses as aforesaid, and shall, with interest, be included, and the 
amount, with interest, collected 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 Treasurer of the Board, be paid to or in fa- 
vor of the parties entitled. And said Board may issue its certifi- 
cates to those of whom it borrows money, as herein authorized, 
Board may 
borrow. 
Certificates for 
money borrow 
Cll. 
• Westchester added, Laws of 1867, Chapter 936, 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- 
lations, &c. 
§ 30.f Whoever shall violate any provisions of this act, or any 
order of said Board, made under the authority of the same, or 
of any by-law or ordinance therein referred to, or shall obstruct 
or interfere with any person 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 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 by any other board or officer or officers, 
the omission or doing of such, or a corresponding act or thing, 
which this act requires, or contemplates to be done or forbids, 
shall in like manner be a misdemeanor, and the offender shall be 
liable to indictment and punishment for the same. A wilful 
omission or refusal of any individual, corporation or body to con- 
form to any sanitary regulation of said Board duly made for the 
protection of life, or the care, promotion or preservation of health, 
pursuant to its power or authority, shall be a misdemeanor, and 
the person or officers guilty thereof shall be liable to indictment 
and punishment as for a misdemeanor. And all prosecutions 
and proceedings against any person for a misdemeanor under 
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 or village within which any such misdemeanor 
under this act was committed. And any person, corporation or 
body which may have wilfully done or omitted any act or thing 
which is in this act, or any law or ordinance therein referred to, 
declared to be, or to subject the party guilty thereof to punish- 
ment for a misdemeanor, shall, in addition thereto, be subject to 
a penalty of two hundred and fifty dollars, to be sued for and re- 
covered by said Board in any civil tribunal in said district, ex- 
cept that in the marine, or justice, or county courts, no greater 
amount can be recovered than the extent of the jurisdiction in 
other civil suits. And any such suits may be against one or 
more, or each or all of those who participate in the act, refusals 
or omissions complained of, and the recovery may be against one 
Misdemeanor. 
Wilful violation 
Before whom 
trials had. 
Pecuniary lia- 
bility ofdelin 
quent. 
* Amended, Lawsof 1S67, Chapter 956, Section 10. 
+ Amended, Laws of 1S66, Chapter GSC, 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 assignees of the Police Board under this act.* 
§ 31. Copies of the records of the proceedings of said Board, 
of its rules, regulations, by-laws and books and papers constitut- 
ing part of its archives, when authenticated by its secretary or 
secretary pro temf shall be presumptive evidence, and the au- 
thentication be taken as presumptively correct in any court of 
justice or judicial proceeding, when they may bo relevant to the 
point or matter in controversy, of the facts, statements and re- 
citals therein contained ; and the action, proceedings, authority 
and orders of said Board shall at all times be regarded as in their 
nature judicial, and be treated 03 prima facie just and legal. 
Tlecords as evi- 
dence. 
Action of Board 
regarded as ju- 
dicial and legal. 
§ 32. It shall be the duty of all prosecuting officers of criminal 
courts and police justices to act promptly upon all complaints 
and in all suits or proceedings for any violation of this act, and 
in all proceedings approved or promoted by said Board, and to 
bring the same to a speedy hearing or termination, and to ren- 
der judgment and direct execution therein without delay. 
Prosecutions t» 
be prompt. 
§ 33. This act, so far as its relates to the appointment of the 
Sanitary Commissioners provided for therein, shall take effect 
immediately, and shall, in other respects, go fully into effect on 
the first day of March, eighteen hundred and sixty-six. 
When to take 
effect. 
* See LawsoflS66, Chapter 6S6, Section 2; LawsoflS67, Chapter 956, Sections 10 and 17. 
t Chief Clerk added, Laws of 1S67, Chapter 956, Section 1. 30 
CHAPTER 68C. 
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 2G, 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: 
By-Laws and 
rules. 
§ 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, 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 eifcct 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 
Code of TTenl'l 
Ordinances. 
Ordinanccs of 
18G6. 
Penalty for vio- 
lation . 
• Amended, Laws of 1807, Chapter 956, Section IQ. 31 
special or general order of said Board, duly made, shall bo 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 justicesand 
tribunals shall take jurisdiction of such actions. And upon the 
complaint of any citizen of said district against any person for a 
violation of any rule, sanitary regulation, ordinance or 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, and, by his warrant, may re- 
quire any policeman or constable to make such arrest, and may, 
after such arrest, proceed summarily to try such person for such 
alleged offence; but no such trial shall be had on any arrest 
made in the City of New York without sufficient notice thereof 
being first given to said Board, or its President. And upon an ap- 
plication in behalf of said Board, made before the trial is com- 
menced, the trial of such person, together with the papers, shall 
be remitted to the Court of Special Sessions, upon which Court 
jurisdiction to try such persons is hereby conferred; but the 
right of any person to 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 
fined in any amount not exceeding twenty-five dollars ;f and the 
payment thereof may be enforced in the same manner as is usual 
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 act, or of the code of health 
ordinances hereby authorized, shall be made monthly to said 
Board by the justice before whom such trial is had. But noth- 
ing in this section contained shall be construed as in any manner 
limiting any powers, penalty and punishment in this act else- 
where conferred. 
Arrc't on com- 
plain.. 
Notice of trial. 
Kemit to 
Special Session*. 
Amount of Ann. 
Justices to re- 
port. 
§ 2. Section thirty of said act is hereby amended so as to read 
as follows: 
§ 30. Whoever shall violate any provisions of this act, or any 
order of said Board, made under the authority of the same, or 
any bydaw or ordinance therein referred to, or shall obstruct or 
interfere with any person in the execution of anv order of said 
Penalty for vio- 
lations, &c. 
* Sec Laws of 1S67, Chapter 956, Section 2. 
t Sec Laws of 1S67, Chapter 956, Section 2. 32 
Board, or any order of the Board of Police, in pursuance or exe- 
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 actortlfng, 
when any power or authority hereby conferred upon this Board 
were exercised by any other board or oflicer or officers, the omis- 
sion or doing of such, or a corresponding act or thing, which 
this act requires, or contemplates to be done or forbids, shall in 
like manner be a misdemeanor, and the offender shall be liable to 
indictment and punishment for 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 carrying 
out the purposes of this act pursuant to its power or authority, 
shall be a misdemeanor, and the person or officers guilty thereof 
shall be liable to indictment and punishment as for a misdemean- 
or.* And all prosecutions and proceedings against any person 
for a misdemeanor under 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 or village within which 
any such misdemeanor under this act was committed. And any 
person, corporation or body which may have wilfully done or 
omitted any act or thing which is in this act, or any law or ordi- 
nance therein referred to, declared to be, or to subject the party 
guilty thereof to punishment for a misdemeanor, shall, in addi- 
tion thereto, be subject to a penalty of two hundred and fifty 
dollars, to be sued for and recovered by said Board in any civil 
tribunal in said district, except that in the marine, or justice, or 
county courts, no greater amount can be recovered than the ex- 
tent of the jurisdiction in 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 foi' re- 
covering any moneys expended, enforcing the payment of any 
fine, the punishment for any offence, or in other respects carrying 
Misdemeanor. 
Wilful violation 
Placo of trial. 
Penalty of $250 
Parties to ac- 
tion. 
Board may 
bring suits. 
* See Laws of 1867, Chapter 956, Section 17. 33 
out the objects of this act.* All processes and papers usual or 
necessary in the commencement and prosecution of actions, or 
for the collection of money, in suits or proceedings under this 
act on execution, may be served by any policeman, and in and 
about such matters, the policeman so engaged shall have all the 
powers 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- 
tion brought under or by authority of this act, shall be in the 
name or by the authority of said Board, and may be brought in 
any court in said district having jurisdiction in any civil action, 
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- 
ment 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 
costs 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- 
ready accrued be abolished by reason of the expiration, repeal, 
or amendment of any ordinance, code of health ordinances, or 
regulation of said Board; nor shall any court lose jurisdiction 
of 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 
or officers, under this act, papers filed shall be deemed entered 
upon or in the minutes of the Board. 
By whom 
process served. 
Court where ac- 
tion may be 
brought. 
Costs. 
Actions not to 
abate. 
Papersfilod 
deemed entered 
§ 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 
law, or by any ordinance made thereunder heretofore (for the 
Board to have 
powers of local 
boards and of- 
ficers . 
* See Laws of 1867, Chapter 056, Section 8. 
5 34 
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 in 
the city of New York, or of or in the city of Brooklyn, or else- 
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 aldermen, the president 
of the board of aldermen, 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 in- 
spector'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, oth- 
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 
Cities to pay no 
salaries. 
Powers given in 
New York by 
certain ordinan- 
ces. conferred 
upon boird. 
* See Laws of 1867, Chapter 956, Section 10, 35 
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 Commis- 
sioners of Health of said city, in the year one thousand eight 
hundred and sixty, and by any existing amendments and addi- 
tions thereto. But no fees of any kind shall be charged for the 
performance of any duties imposed 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 therewith, conferred by any law or ordi- 
nance relating to any part of said district, and especially by the 
act of the seventeenth of April, eighteen hundred and fifty-four, 
(being the three hundred and eighty-fourth chapter of the Laws 
of eighteen hundred and fifty-four), 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 this section given shall not be 
held to interfere with the powers and duties of the Croton Ac- 
queduct 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 pow- 
er 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 laws or ordinances shall belong 
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 proce- 
dure in said ordinances stated. And no municipal body or other 
authority in said district shall hereafter create or employ any of- 
ficer or agent, or incur any expense, under any of said (or other) 
health laws or ordinances, or in respect of any matter concerning 
which said Board is by this act given control or jurisdiction. 
All the aforesaid powers are to be possessed and exercised as 
fully as if herein repeated and separately conferred upon said 
Board. And the powers of said Board shall be construed to in- 
clude the ordering and enforcing, in the same manner as other 
No fees. 
Local powers 
extended over 
district. 
Health powers 
of Brooklyn 
charter confer- 
red on board. 
Certain boards 
not interfered 
with. 
Municipal au- 
thorities not to 
interfere. 
Nor incur ex- 
pense. 
Additional powj 
ers. 36 
Repair of build- 
ings. 
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 
for sale of improper articles therein ;) the removal of any obstruc- 
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 
by which life or health may be endangered; and, generally, the 
abating of all nuisances. 
Markets. 
Obstructions in 
the street. 
Scavengers. 
Accidents. 
§ 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, 
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 
appointing a proper person to be Secretary of said Board. And 
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- 
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 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- 
tional compensation of five hundred dollars a year for his servi- 
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 
from the salary of the person so fltiling the sum of ten dollars; 
and for every failure of a Police Commissioner or of said Health 
Organize. 
President. 
Treasurer. 
Secretary. 
Term of office 
of Treasurer and 
Secretary. 
Salaries. 
Salary of Treas- 
urer. 
Deduction for 
failure to attend. 
* See Laws of 1867, Chapter 956, Section 6. 
+ Amended, Laws of 1867, Chapter 956, Section 16. 37 
Officer to attend any such meeting, there shall be deducted from 
his said salary the sum oft wo dollars; but these provisions shall not 
apply to any adjourned meeting, and it shall be the duty of the 
Treasurer to see that all such deductions are. made before pay- 
ments of said salaries. The Board may appoint a Corresponding 
Secretary at an annual salary not exceeding one thousand dol- 
lars. 
Not to apply to 
adjourned meet- 
ing. 
Corresponding 
Secretary. 
§ 5. Section fourteen, sub-division second, is hereby amended 
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. 
Amendment of 
§U. 
§ 6. Said Board may, by resolution, confer upon the President 
power to exercise, in the absence of the Board, the authority 
given in the fourteenth section, to temporarily suspend or modi- 
fy any order or its execution. And said Board may change or 
modify any order made under the first clause of the fourteenth 
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.* 
Power may be 
confered on 
President. 
Power to modi- 
fy order. 
§ 7. This act shall take effect immediately. 
* Amended, Laws of 1867, Chapter 956, Section 10. LAWS OF 1867. 
CHAPTER 956. 
AX 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. 
The People of the State of Ah w York, represented in Senate and 
Assembly, do enact as follows: 
President and 
Secretary pro 
tern. 
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. 
Chief Clerk to 
certify papers. 
Courts to take 
judicial notice. 
Duty of Police. 
§ 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. 
Minimum of 
penalty. 39 
§ 3. Said board shall have the same powers in respect of per- 
sons afflicted with pestilential or infections 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 per- 
sons afflicted with contagions disease, and shall have power to 
provide and pay for the use of proper places to which to remove 
such persons, as well as to designate such places; and said 
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. 
Persons sick 
with pestilential 
or infectious 
diseases. 
Places to be 
provided and 
expenses paid. 
§ 4. That portion of the fourth subdivision of the twenty- 
eighth section of the seventy-fourth chapter of the laws of 
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), re- 
spectively, are empowered and directed annually," is hereby 
amended by inserting the word "Westchester," between the 
words Kings and Richmond aforesaid, in said act. 
Supervisors of 
Westchester to 
tax. 
§ 5. 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 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 occu- 
pants of such buildings, or parts thereof, or of the subject matter 
to which such order relates. 
8 jrvice of or- 
ders. 
On agents of 
tenement and 
lodging houses. 
§ 6. The word nuisance, as used in this act, shall be held to 
embrace public nuisance as known at common law, or in equity 
Nuisance 
fined. 40 
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 
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 con- 
tribution 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. Provided, however, that nothing con- 
tained in this act or in the act entitled "An Act to create a Me- 
tropolitan Sanitary District and Board of Health therein for the 
preservation of life and health, and to prevent the spread of dis- 
ease," passed February twenty-sixth, eighteen hundred and 
sixty-six; ngr 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 Xew 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 
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 
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 
Liability for ex- 
pense of abating. 
Common law 
liability reserv- 
ed. 
Stalls around 
Fulton and 
Washington 
markets not to 
be removed. 
Powers as to 
ventilation, 
drainage and 
cleanliness re- 
served. 
Stalls erected or 
enlarged since 
May 1, 1866, 
may be remov- 
ed. 
Power' over ob- 
structions in 
the street af- 
firmed . 41 
modified; and the said Board are hereby directed to propose 
and submit to the next Legislature plans and recommendations 
for the building of one or two new markets, whichever they shall 
deem necessary, to replace the Fulton, Washington and West 
Washington Markets in said city. 
Plans for new 
market to be 
submitted. 
1. Said Board of Health may institute and maintain, in any 
court in the Metropolitan Sanitary District (having jurisdiction 
in suits where the amount claimed exceeds one thousand dollars), 
a suit or suits for the abatement or remedying of any of the 
aforesaid nuisances, either completely or as fully as may be 
thought necessary by the court. And said board shall also have, 
in said district, all common law rights to abate any nuisance 
without suit, which can or does in this State, belong to any per- 
son whatever. And all costs collected in any such action or pro- 
ceeding shall be paid over to the Treasurer of the board and ac- 
counted for by him. 
Board may in- 
stitute suits to 
abate nuisances. 
Rights of board 
without suit. 
Disposition of 
costs. 
2. To all such suits the provisions of chapters seventy-four and 
six hundred and eighty-six of the laws of eighteen hundred and 
sixty-six, relative to jurisdiction, costs and parties, shall be ap- 
plicable ; and the courts shall allow the plaintiff, at any proper 
stage of the case, to amend, by joining other parties defendant ; 
and no suit shall be dismissed or defeated by reason of there be- 
ing other persons interested therein or concerned in causing, 
creating or maintaining the nuisance complained of in such suit 
where such person is not a necessary party to the suit. 
Chapters 74 and 
6S6, laws of 1866 
to apply. 
Right to amend 
Suit not defeat- 
ed for defect of 
parties. 
3. Such suit shall be tried as an issue of law, and without a 
jury, unless some defendant shall, in his answer, or by notice in 
writing to be served on the plaintiff's attorney within live days 
after service of said answer, demand a trial by jury on some 
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 
any 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 
when reached for trial, if issues of fact for the jury have not be- 
fore been settled, the presiding judge may state in writing the 
issues of fact to be submitted to the jury, or the trial shall pro- 
ceed 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 
judge be unable) shall, on receiving the verdict, or as soon there- 
6 
How issue to be 
tried. 
How jury de- 
manded or 
waived. 
Issues to be 
stated in writ- 
ing. 
Judgment to be 
settled. 42 
after, and at the same term, if possible, settle and cause to be 
entered the proper judgment in said suit. 
What judgment 
to contain. 
4. Tf the judgment bo that any nuisance may be abated or reme- 
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 ret pect to such last-named payment or exe- 
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 or their proportion of such expenses of execution arc satis- 
fied, or the lien thereof shall be otherwise discharged according 
to law. 
How expense 
to be borne. 
To state on 
what property 
it is a lien. 
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. 
How lien may 
be removed." 
Judge may or- 
der discharge 
when expenses 
paid. 
Or bond given - 
Or on consent 
Papers to be 
filed. 43 
6. No appeal by any party defendant shall stay the execution 
of any judgment aforesaid, except to the extent, in reference to 
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 mo- 
tion, 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 
any liability on the part of any person (other than as herein else- 
where provided, in respect of said board), by reason of any dam- 
ages or consequences growing out of the execution of such 
judgment, whether the same be reversed or not. All appeals by 
the defendant from any judgment in the said abatement suits 
shall be taken within ten days after notice in writing to the de- 
fendant or his attorney, of the entry of the judgment therein, 
and the judge who tries the case may, in his discretion, and 
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 
stay execution of the judgment, as herein provided) must be 
filed, the same to be otherwise of the form and obligation as is 
required in ordinary appeals from judgments, but which shall al- 
so be conditioned for the payment of the appellants' adjudged 
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 con- 
formity with the judgment, for the purpose of such security on 
appeal. But, pursuant to any order, or otherwise, the execution 
of any judgment against the defendants shall not be delayed be- 
yond said ten days, if within that period the proper undertaking 
or security on appeal, approved by the judge, lias 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 
may appeal in any such case, or any case to which it is a par- 
ty, within ten days after the entry of any judgment, and with- 
out giving any security ; such appeal shall be effectual, and shall 
operate as a stay on the judgment, or upon the part thereof in 
respect to which said board appeals. 
Appeal not to 
stay proceed- 
ings, except by 
special order. 
If no stay judg- 
ment to be 
executed. 
Time within 
which appeals 
to be taken. 
Temporary stay- 
may be allowed. 
Undertaking to 
be filed. 
What to con- 
tain. 
No stay longer 
than ten days. 
Board may ap- 
peal without 
security. 
Effect of appeal. 44 
Claim for pen- 
alty may be 
joined in same 
action. 
7. In any such abatement suit said board may join a cause 
of action for any penalty or 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 omission 
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. 
Motion for new 
trial. 
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- 
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 
health laws, as to any suits thereunder, unless such act shall spe- 
cifically declare such modification to be intended. 
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. 
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 after any such notice, 
Notice of filing 
to be given. 45 
such defendants shall give due notice in writing, to said Board 
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 ; aijd no formal defect in such state- 
ment shall in any wise vitiate the same. And on any hearing of 
such motion, any party in interest, or said board, may read affi- 
davits in support of such original statement ; and the finding of 
any judge on the hearing of such motion, as to the said state- 
ment of such expenses and other matters in such motion involved 
or statement contained shall be final and conclusive, and not sub- 
ject to appeal; and such finding or statement as modified by 
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- 
pense, and creating a lien under any judgment, such statements 
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 statement 
to become final. 
Proceedings on 
hearing of 
motion to cor- 
rect statement. 
Judges finding 
final. 
Effect of modi- 
fied finding. 
Finding to bo 
part of judg- 
ment. 
10. For tho proportion and amounts, as authorized by such 
judgment, and contained in such finding or in such .statement or 
modified statement, when either of the same shall have become 
final as aforesaid, said board or any assignee of such board, or 
any other person who has executed such judgment, or has othei- 
wise 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 of 
the court in which any judgment was recovered (and such exe- 
cution shall, indue form, be allowed by any such judge) ; such 
execution to be against any one or more defendants or joint de- 
fnedants for the recovery of any amount due from such de- 
fendant or defendants, which the party claiming such execution 
is entitled to receive ; and such execution, except as herein espe- 
cially provided, shall be of the same effect and form as any exe- 
cution duly issued pursuant to any judgment. But no execution 
shall be issued against any defendant for less than the whole 
sum due from such defendant, or for less than he shall be liable 
to pay in such suit; but any sum adjudged against any defend- 
ants or defendant, in any such abatement suit for penalties, costs, 
When execu- 
tion to be 
issued and lor 
what. 
Against whom 
execution to be. 
No execution 
for less than 
amount due. 
Separate execu- 
tion for costs, 
penalty, &c. 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 for collecting such expense), to be 
issued in due course of law. 
When prelimi- 
nary injunction 
maybe 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 Hoard 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 
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 
any building, erection or grounds to be put in a condition that 
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 
and occupants (or either or any of them) of any such building, 
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 
receive the same, and to apply said rent to .pay the expenses of 
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 on such conditions as any such order or 
judgment may provide; and every such payment to said board, 
and the receipt of its treasurer for such rent or compensation, 
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- 
curity shall be required or necessary, on the part of said board, 
On what 
grounds. 
What injunc- 
tion order to 
contain. 
Court may or- 
der rents to be 
paid to Board. 
How money to 
be applied. 
Treasurers re- 
ceipt to be a 
discharge. 
No undertaking 
on injunction. 47 
as a condition of granting such injunction, or the same being- 
effectual; and in any final judgment in such suit there may be 
enjoined whatever, if about to happen or threatened, would be 
the proper subject matter of a preliminary injunction.) And 
when the public interest seems to the court to require a speedy 
trial or hearing of any such suit or appeal therein, it shall be the 
duty 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 
direct. 
Injunction on 
final judgment. 
Trial may be 
expedited. 
12. In so far as any judgment may be directed to be executed 
at the expense of said board of health, or by any party defend- 
ant at his own expense, and shall by such party defendant be so 
executed, the expense of such execution shall not 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. 
As to expenses 
incurred by the 
board. 
13. Whatever expenses said board of health may lawfully and 
properly incur in the execution of any judgment aforesaid, or in 
executing, or in connection with its own orders, made in good 
faith, or in and about the 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 
in 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 
included in or considered as a part of that class of the expendi- 
tures of the board in respect to which there is or may be a spe- 
cific limitation as to amount. 
Expenses in- 
curred by board 
in good faith to 
be paid from its 
funds. 
Such expenses 
not covered by 
limitation. 
§ 7. No member, officer or agent of said board of health, and 
no person (but only the board itself,) shall be sued or held to 
liability for any act done or omitted by either person aforesaid 
Members and 
officers of board 
not personally 
liable. 48 
(in good faith and with ordinary discretion,) on behalf of or 
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 board 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.' 
Board liable to 
action. 
Must be brought 
within six 
months. 
What may be 
recovered where 
no undertaking 
given. 
Name of Board. 
§ 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. 
Service of pa- 
pers on board. 
Name of Board 
of Excise. 
No injunction 
against board 
except by Su- 
preme Court on 
notice. 
§ 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 such 
injunction is to be made. 49 
§ 10. The sixth section of the six hundred and eighty-sixth 
chapter of the laws of eighteen hundred and sixty-six, is hereby 
amended by substituting the word " burthensome" in place of 
the word " stringent," therein contained. The " code of health 
ordinances," mentioned in said six hundred and eighty-sixth 
chapter, shall hereafter be designated as the " code of sanitary 
ordinances," and the same may embrace all matters and subjects 
to which, and so far, as the power and authority of said board of 
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 include, 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- 
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 
board may find it necessary and proper to borrow money to dis- 
charge its duties and defray its expenses, as in said section more 
particularly mentioned; but no more than twenty-live thousand 
dollars shall be borrowed by virtue hereof, or under said section, 
in any one year. The right given in the seventy-fourth and six 
hundred and eighty-sixth chapters of the laws of eighteen hun- 
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, aidermen and commonalty of the 
city of Xew 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. 
§ 6, Chap. 686, 
Laws ot 1866 
amended. 
Code of ordi- 
nances. 
What to em- 
brace . 
When to be 
published. 
To what § 29 of 
Chap. 76, Laws 
of 1866 appli- 
cable . 
Amount which 
may be borrow- 
ed. 
Right to sue for 
certain penal- 
ties. 
§ 11. If any person shall knowingly make to said board of 
health or any officer thereof any false return, statement or report 
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 
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 au- 
7 
False return of 
births, &C. 
False report. 50 
Bribe. 
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. 
Punishment. 
Witnesses may 
be compelled 
to attend before 
board. 
§12. Upon the application of any party in interest in any 
matter pending examination before said board of health, by affi- 
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. 
Expense of ex- 
ecuting orders 
to be a lien. 
§ 13. The said board, its assignee, or any person acting under 
its 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 
work 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 
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 arc now or maybe hereafter required to be filed, 
a notice containing the same particulars required to be stated 
with reference to mechanics' liens, with the further statement 
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 
Priority of lien. 
Where notice to 
be filed. 
What to con- 
tain . 51 
mechanics' lien, together with a reference to said order by date; 
and thereafter the same shall, except as herein elsewhere pro- 
vided, have the same effect in all respects as a mechanics' lien; 
and all proceedings with reference to said lien, its enforcement 
and discharge, shall be had and carried on in the same manner 
as similar proceedings with reference to mechanics' liens are 
now 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 
after actual notice of such filing, proceedings are taken by the 
party against whom or whose said property the lien is claimed 
to 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 
lien for the space of four years from the time of filing such state- 
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 re- 
main a lien until the final termination of such proceedings ; and 
if such proceedings shall result in a judgment Tor 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 
from the same time, as said statement. 
When notice to 
become conclu- 
sive- 
How long to 
continue a lien. 
§ 14. The said Board of Health may from time to time fix and 
define the time of making, and the form of returns and reports 
to be made to said board by the coroners of the counties of New 
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 
said board in the premises, and it shall be the duty of every 
coroner at once, and before holding any inquest, upon being 
called upon to hold an inquest as aforesaid, or notified thereof, 
to immediately transmit and cause to be delivered to the secre- 
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 
time said board, or the sanitary, or assistant sanitary superin- 
tendent, shall deem the protection of the public health to de- 
mand, it may (so soon as the coroner's jury shall have viewed 
the dead body, and an autopsy thereof shall have been made, 
Powers of board 
over coroners 
in New York 
and Kings. 
Coroners to 
obey directions. 
Duty of coro- 
ner.' to notify 
board of call for 
inquest. 
Board may or- 
der burial ot 
body in certain 
eases. 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. 
Or its removal. 
Limit of expen- 
diture. 
§ 15. The seventy-fourth chapter of the laws of 1866, is 
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 
and fifty thousand dollars." The salary of the sanitary superin- 
tendent shall be five thousand dollars per annum; of the assis- 
tant sanitary superintendent thirty-five hundred dollars, and of 
the sanitary inspectors not less than eighteen hundred dollars, 
nor more than twenty-five hundred dollars; and said board may 
divide said inspectors into classes, and fix the salaries of each 
class within said limits. Said board may appoint such num- 
ber of assistant sanitary inspectors as they shall deem necessary, 
and fix their salaries at an amount not exceeding twelve, hun- 
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. 
Salaries of Su- 
perintendent, 
asst, superin- 
tendent. Inspec- 
tors, may be 
classified. 
Asst, inspec- 
tors. 
Expense of ex- 
ecuting orders 
not covered by 
limit. 
Salary of com- 
missioners as a 
board of excise. 
§ 16. By reason of the additional duties to be performed by 
the several commissioners of said board of health, in their ca- 
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- 
sation or salary in addition to what has been heretofore author- 
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 
eight hundred and sixty-six, and the same shall be paid from the 
moneys received for licenses. The provisions of the seventy- 
fourth chapter, of the laws of 1866, so far as the same relate to 
the calling and holding of meetings, or a quorum thereat, the 
duties of the secretary, the dismissal and control of officers and 
agents, the designation and use of a seal, the authentication and 
May increase 
salaries of offi- 
cers. 
Increase to date 
from December 
1,1866. 
Quorum, mode 
of calling meet- 
ings, seal, &c., 
of board of 
excise- 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- 
nual report as is required of said board of health. 
§17. Any wilful omission or refusal to obey or conform to 
any part of this act, or any willful resistance of or refusal to 
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. 
Board of excise 
to report. 
Neglect or refu- 
sal to obey a 
misdemeanor. 
§ 18. When any order of said board of health has been exe- 
cuted, or so far executed as said board may require, the expen- 
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- 
sons, said affidavit shall state what belongs to or arose in respect 
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 
be called in question or reviewed elsewhere than before said 
board; but said board may revise and correct the same, as said 
board shall think truth and justice may require. 
Whenever the expenses attending the execution of any order 
of said board of health (and all such expenses are to be a lien 
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 
may be 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 
arose or were incurred ; and said board may make an assignment 
of the claim for any such penalty or penalties, to'enable the claim 
Statement of 
expense, of ex- 
ecuting orders 
to be filed. 
Expense to be 
apportioned. 
How statement 
corrected. 
Claim for pen- 
alty and for ex- 
pense joined in 
one action 
Claim for pen- 
alty may be as- 
signed. 54 
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 : 
Joint or several 
judgment. 
Expenses and 
judgment a lien 
upon rent. 
Also upon com- 
pensation refer- 
red to in § 16, 
Chap. 76, Laws 
of 1866. 
How lien ren- 
dered effectual. 
Copy of order 
with statement 
of expense or 
transcript of 
judgment to be 
served. 
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 
Upon whom 
served. 
Demand of rent 
may be served. 55 
judgment or expense in executing the same,) shall, when such 
rent or compensation becomes due and payable, be paid to the 
treasurer of said board of health. 
2. After the service of the papers aforesaid and such demand, 
any tenant, lessee, occupant or other person owing or about to 
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, 
stating on account of what order or judgment and expenses the 
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. 
After such de- 
mand rent to be 
paid to treas- 
urer. 
Treasurer to 
give receipt 
and deposit in 
bank. 
3. Any person or corporation refusing or omitting, as herein di- 
rected, to make such payment to said treasurer, after service of 
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 jud'gment (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 
party (or board, if the owner aforesaid) be sued therefor; and 
such persons shall not in such suit dispute or call in question the 
authority of said board of health to incur or order such expense, 
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 paid him as 
aforesaid, shall, in all suits and proceedings, and for every pur- 
pose, 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 
their assignee or lessee, shall be dispossessed or disturbed, nor 
shall any lease or contract, or rights, be forfeited or impaired, 
nor any forfeiture or liability be incurred by reason of any omis- 
Persons refus- 
ing to pay liable 
for amount. 
May be sued 
therefor. 
What not to be 
disputed in such 
suit. 
Treasurer's 
receipt eflect- 
ual. 
No person to be 
dispossessed 
after payment 
to treasurer. 56 
sion to pay to any landlord, owner, lessor, contractor, party or 
other person, the sum so paid to said treasurer, or any part 
thereof. 
Treasurer to re- 
tain moneys till 
twelve days af- 
ter notice. 
4. The treasurer of said board of health shall retain said money 
so paid him until twelve days after it shall be made to appear to 
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 
end of said twelve days, the party or parties aforesaid, so noti- 
fied, have not instituted suit to recover said money, as herein- 
after provided, then the same shall, by said treasurer, be paid to 
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 
aforesaid (who failed to sue) shall have no right to demand or 
receive any such money unless they shall, within six calendar 
months from the •expiration of said twelve days, in a suit allege 
that they had no notice of such payment to said treasurer, and 
shall, on the trial of such suit, prove said allegation, and also 
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 
shall be only to the extent such parties were not so liable ; and 
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 
money, or any part thereof, said board of health shall be enti- 
tled to any equitable judgment in such suit which the court may 
see fit to direct for recovering said money back, or any part 
thereof, from such co-defendant, which had been paid to him by 
said treasurer. 
If suit to recov- 
er not brought 
within twelve 
days amount 
to be applied on 
claim. 
When money 
may be claimed 
back of treas- 
urer after 
twelve days. 
What to prove 
on trial. 
Who to be made 
parties. 
Board may have 
judgment 
against co-de- 
fendant. 
If suit brought 
within twelve 
days, who may 
be'parties. 
5. Iii case any suit shall be brought under the last subdivision of 
this section, or before the expiration of the said twelve days, 
said board of health (but not said treasurer) shall be joined as a 
party defendant; and any person or persons, other than said 57 
board, claiming the right to receive said money on account of 
said order, expenses or judgment, or who has received the same, 
shall also by the plaintiff be made parties defendant; and no 
answer need be made by said board, (except at its option, or if 
it be not a claimant as having paid or incurred said expenses, or 
as being the owner of said judgment,) further than tlie 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 
be held by said board pending said suit, (if not paid over before 
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 
the suit may render proper ; and no costs in any suit in this sec- 
tion mentioned shall be recovered against said board of health. 
But to entitle a plaintiff to recover in any such last named suit, 
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- 
tions of said board, and shall not be personally liable (unless for 
his own fraudulent acts) for or in respect of any such money or 
facts aforesaid to any one, but said board of health shall pay 
such sum as may be finally adjudged against it in any suit. 
§19. Said board of health is hereby authorized and directed 
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 
also to prepare a complete code of ordinances appropriate to be 
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 
perfected, and not later than the opening of the session in eight- 
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. 
What answer of 
board to con- 
tain . 
Money to be 
held pending 
suit. 
No costs against 
board. 
What plaintiff 
to prove. 
Treasurer to 
obey board. 
Not personally 
liable. 
Board to codify 
laws. 
To prepare code 
of ordinances,. 
To be reported 
to legislature. 
§ 20. No law heretofore enacted or hereafter to be enacted 
shall be construed to repeal or modify any portion of this act or 
of any law relating to said board of health, or to the members 
8 
This or prior 
acts not repeal- 
ed by implica- 
tion. 58 
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 there- 
to refer, and repeal or modify the said laws. 
Board of police 
may build 
telegraphs. 
§ 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 purpose 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. 
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. 
§ 22. This act shall take effect immediately. 59 
CHAPTER 908. 
AN ACT for the regulation of tenement and 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 
hundred and sixty-seven, no house, building, or portion thereof, 
in the cities of New York or Brooklyn, shall be used, occupied, 
leased or rented for a tenement or lodginghouse unless the same 
conforms in its construction and appurtenances to the require- 
ments of this act. 
When to take 
effect. 
§ 2. Every house, building or portion thereof, in the cities of 
New York and Brooklyn, designed to be used, occupied, leased 
or 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 
the roof, at the top of the hall, an adequate and proper ventila- 
tor, of a form approved in New York by the inspector of public 
buildings, and in Brooklyn by the assistant sanitary superin- 
tendent of the metropolitan board of health. 
Ventilation and 
windows. 
Ventilator in 
hall. 
§ 3. Every such house shall be provided with a proper fire 
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 
the assistant sanitary superintendent of the Metropolitan board 
of health. 
Fire escape. 
§ 4. The roof of every such house shall be kept in good re- 
pair, and so as not to leak, and all rain water shall be so drained 
Roof in repair, 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. 
Stairs. 
Water closets 
or privies. 
§ 5. Every such building shall be provided with good and suffi- 
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 occupants of said house ; but water closets 
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 
for every privy or water closet. Every such house situated 
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 
Board, and in Brooklyn by the Board of Water Commissioners. 
All such water closets and vaults shall be provided with the 
proper traps, and connected with the house sewer 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 
occupant shall take adequate measures to prevent improper sub- 
stances from entering such water closets or privies or their con- 
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- 
vent the same from being or becoming obstructed. No cesspool 
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- 
tan Board of Health may direct. It shall in all cases be water- 
tight, and arched or securely covered over, and no offensive 
smell or gases shall be allowed to escape therefrom, or from any 
privy or privy vault. In all cases where a sewer exists in the 
street upon which the house or building stands, the yard or area 
shall be so connected with the same that all water, from the roof 
One, to every 
twenty occu- 
pants. 
To be connected 
with sewer. 
To have traps 
and water. 
Owners and 
others to pre- 
vent obstruc- 
tions, exhala- 
tions, &c. 
Cesspools only 
when unavoida- 
ble. 
How construct- 
ed . 
Yard or area to 
be connected 
with sewer. 61 
or otherwise, and all liquid filth shall pass freely into it. Where 
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. 
Or with street 
gutter. 
§ 6. From and after the first day of July, eighteen hundred 
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 
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 
after July first, eighteen hundred and sixty-seven, it shall not be 
lawful without such permit to let or continue to be let, or to 
occupy or suffer to be occupied separately as a dwelling any 
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 floor 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 of 
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 
in this act required, nor unless the same have an external win- 
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 orback 
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 
front room is provided with a window as herein before pro- 
vided, and if the said back vault, cellar or room is connected 
Cellars not oc- 
cupied as 
dwellings before 
July 1, 1867, 
require permits. 
No cellar to bo 
used as a dwell- 
ings, unless it 
conforms to 
certain require 
ments. 
Must be 
drained . 
Must have 
water-closet, 
windows, &e. 
When back 
cellar may be 
occupied with 
front one. 62 
with the front vault, cellar or room by a door 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 
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 
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. 
May have steps 
to area. 
Also over area. 
After July 1, 
1868, every 
cellar requires 
permit. 
§ 7. From and after the first day of July, eighteen hundred 
and sixty-eight, no vault, cellar or underground room shall be 
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 
and suitable conveniences or receptacles for receiving garbage 
and other refuse matters. No tenement or lodging house, nor 
any portion thereof, shall be used as a place of storage for any 
combustible article, or any article dangerous to life or detrimen- 
tal to health; nor shall any horse, cow, calf, swine, pig, sheep 
or goat be kept in said house. 
Garbage boxes. 
Combustibles or 
unhealthy 
articles not to 
be stored, or 
animals kept. 
To be kept clean 
§ 9. Every tenement or lodging-house, and every part there- 
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 
same. The owner or keeper of any lodging-house, and the 
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 the satisfaction of said board, whitewash the walls and ceil- 
ings thereof twice at least in every year, and in the months of 
April and October, unless the said board shall otherwise direct. 
To cleanse to 
satisfaction of 
Board of Health. 
To whitewash 
twice a year. 63 
Every tenement or lodging-house shall have legibly posted or 
painted on the wall or door in the entry, or some public accessi- 
ble place, the name and address of the owner or owners, and of 
the agent or agents, of any one, having charge of the renting 
and collecting of the rents for the same ; and service of any pa- 
pers required by this act, or by any proceedings to enforce any 
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. 
Owners and 
agents names 
posted. 
Service of pa- 
pers . 
§ 10. The keeper of any lodging-house, and the owner, agent 
of the owner, lessee and occupant of any tenement house, and 
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 whoiq any duty 
or authority is conferred by this act, give him free access to such 
house and to every part thereof. The owner or keeper of any 
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- 
spected, and may, if found necessary, cause the same to be im- 
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. 
Officers of* 
Board of Health 
to have access. 
Sick persons to 
be reported. 
House may be 
disinfected, 
clothing, furni 
ture, &c. 
§ 11. Whenever it shall he certified to the Metropolitan Board 
of Health by the Sanitary Superintendent, that any building or 
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 
dangerous to life, said board may issue an order and cause the 
same to be affixed conspicuously on the building or part thereof, 
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 
Buildings infec- 
ted or out of 
repair may be 
ordered vacated. 
Notice to be 
posted and 
served. 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. 
Order may bo 
revoked. 
Houses here- 
alter erected or 
converted to 
comply with 
additional 
requirements. 
§ 12. No house hereafter erected shall be used as a tenement 
house or lodging house, and no house heretofore erected and not 
now used for such purpose, shall be converted into, used or 
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 : 
Distances be- 
tween buildings 
on front and 
rear of lot. 
§13. It shall not be lawful hereafter to erect for or convert to 
the purposes of a tenement or lodging house a building on the 
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 arc 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 
between them shall be twenty-five feet. At the rear of every 
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 
building. But when thorough ventilation of such open spaces 
can be otherwise secured, said distances may be lessened or 
modified, in special cases, by a permit from the Metropolitan 
Board of Health. 
Buildings on 
rear of lot. 
Distances may 
be modified. 
Height of rooms. 
§ 14. Tn every such house hereafter erected or converted, every 
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 
such room shall have, at least, one window, connecting with the 
external air, or over the door a ventilator ol 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 
air. The total area of window or windows in every room com- 
municating with the external air, shall be at least one-tenth of 
the superficial area of every such room; and the top of one, at 
least, of such windows, shall not be less than seven feet and six 
Windows. 
Size of windows. 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 
area than one hundred superficial feet, if it does not communi- 
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. 
Small room to 
have special 
ventilation. 
§ 15. Every such house hereafter erected or converted shall have 
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 
rubbish. It shall have Croton, Ridgewood, or other water fur- 
nished at one or more places in such house, or in the yard there- 
of, so that the same may be adequate and reasonably convenient 
for the use of the occupants thereof. It shall have the floor of 
the cellar properly cemented, so as to be water tight. The halls 
on each floor shall open directly to the external air, with suita- 
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. 
Chimneys. 
Ashes and 
rubbish. 
Water. 
Cellar floor. 
Halls open at 
ends. 
§ 16. Every owner or other person, violating any provision of 
this act, after the same 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 discre- 
tion of the court. He shall also be liable to pay a penalty of 
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 that fact shall 
become material, and the owner shall be prima facie the person 
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- 
cupant, or any two of them, may be made defendants, and judg- 
9 
Punishment for 
violation. 
How recovered 
Owner, lessees 
and occupant 
may be defend- 
ants. 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 
tenement house. 
§ 17. A tenement house within the meaning of this act, shall 
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, 
stairways, yards, water closets or privies, or some of them. A 
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- 
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. 
Definition of 
lodging house. 
Definition of 
cellar. 
Board of Health 
may modify. 
§ 18. The Metropolitan Board of Health shall have authority 
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- 
vided, shall take effect in May first, eighteen hundred and sixty- 
seven. 
When to take 
effect. 
CHAPTER 
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 Pork, represented in Senate 
and Assembly, do enact as follows: 
Board of Health 
to regulate driv- 
ing of cattle. &c., 
in New York 
and Brooklyn. 
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 
of slaughtering 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 
New York as may be designated by said board, and under such 
restriction as to numbers as said board may prescribe, cattle 
from eight o'clock in the evening till two hours after sunrise in 
the morning, and sheep until twelve o'clock at noon. But in 
designating the streets and avenues the said board shall have 
regard as well to the convenience of persons driving the same 
as to the character, condition and ordinary use of the said streets 
and avenues. 
So longas 
slaughter 
houses permit- 
ted cattle may 
be driven till 
two hours after 
sunrise, and 
sheep till noon. 
Board may des- 
ignate streets 
and prescribe 
numbers. 
§ 2. No person in charge of any cattle, sheep, pigs, swine or 
calves, shall, if able to prevent it, permit any such cattle, sheep, 
pigs, swine or calves, to pass upon or across any sidewalk in 
said cities, and any per.-on violating any provision of this act 
shall be deemed guilty of a misdemeanor, and on conviction be 
punished by a fine of not less than ten or more than fifty dol- 
lars, or by imprisonment in the penitentiary for not more than 
thirty days, or by both such fine and imprisonment. 
Cattle, &c., not 
to pass on or 
across side- 
walk . 
Penalty for vio- 
lating law. 
§ 3. In all eases to which said Board of Health is a party, 
either when acting as such or as a Board of Excise, preference 
shall be given to the same by all courts and judges on all mo- 
tions, 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, or shall pros- 
ecute any appeal, it shall not be necessary before obtaining or 
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. 
Boards of health 
and excise to 
have preference 
in court. 
Boards need not 
give undertak- 
ings on appeal, 
&c. 
§ 4. This act shall take effect immediately. 
CHAPTER 687. 
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 New York, represented in Senate 
and Assembly, do enact as follows : 
Section 1. Whenever it shall appear to the Metropolitan 
Board of Health, that any surface water has been, or shall be 
liable to be ponded at any place in the city of Brooklyn, and 
When surface 
water ponded in 
Brooklyn, board 
of health to no- 
tify sewerage 
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- 
missioners to 
ascertain cause. 
§ 2. Said Board of Sewerage Commissioners, upon receiving 
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 
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 
designated in said notice, and cause a suitable drain to be 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. 
May enter upon 
lands. 
May cause 
drain to be 
made. 
Sewerage com- 
missioners to 
estimate dam- 
ages. 
§ 3. Said Sewerage Commissioners shall estimate the damages 
which may be sustained by the owner or owners of the lands 
upon which such drain shall be made, or pipes laid, after giving 
to such owner or owners ten days previous notice in writing, of 
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. 
Ten days' notice 
to be given 
owners. 
If deemed prop- 
er, may pay ex- 
penses from 
general sewer- 
age fund. 
§ 4. If said Sewerage Commissioners shall, under all the cir- 
cumstances deem it proper that such damages and the cost and 
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 
and expenses should be so paid, then they shall make a just and 
equitable assessment thereof, upon all the lands upon which the 
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- 
tice to bear and pay any part thereof, and the assessment so 
made shall be liens upon the lands assessed, andfshall be collect- 
Or may assess 
upon lands ben- 
efited. 
Assessments to 
to be liens. 69 
ed in the same manner as other assessments made for the costs 
and expenses of constructing sewers in said city are collected. 
§ 5. If any person shall wilfully destroy or. injure any such 
drain, pipe, or obstruct or prevent the passage of water through 
the same, he or she shall be guilty of misdemeanor. 
Misdemeanor to 
impair or ob- 
struct drain. 
§ 6. This act shall take effect immediately. 
CHAPTER 382. 
AN ACT to incorporate the Soldiers' Business Messenger and 
Dispatch Company. Passed April 15, 1867. 
The People of the State of New York, represented in Senate 
and Assembly, do enact as folloics : 
* * * Section 6. Said corporation is hereby authorized 
and shall have power to erect and maintain covered stands or 
booths on the streets of the cities and 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 
CHAPTER 8C6. 
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 against 
said county. Passed April 25th, 1867, three-fifths being pres- 
ent. 
The People of the State of Nero 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- 
sel under quarantine, without the authority of the Health Offi- 
cer of the Port of New York, or the Metropolitan Board of 
Health. 
Permits to visit 
vessels at quar- 
antine . 
CHAPTER 586. 
AN ACT to enable the Board of Supervisors of the County of 
New York to raise money by tax for the use of the corpora- 
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; three- 
fifths being present. 
The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 
(EXTRACT.) 
Moneys appro- 
priated to Board 
to clean streets 
not provided 
for by contract. 
" 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- 
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- 
Moneys appro- 
priated to clean 
streets oftener 
than required 
by contract. 71 
quires that any street or streets, avenue or avenues, public place 
or 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- 
son 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 therefor. But nothing here- 
in contained shall be construed as exempting the contractor 
for cleaning the streets from any existing liability." 
Existing con- 
tractsnot affect- 
ed . 72 
€33 APTER STS. LAWS OF ES66. 
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: 
Board of Health 
constitute Board 
of Excise. 
Section 1. The persons who are and from time to time shall 
be Commissioners of the Metropolitan Board of Health, are here- 
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 Westchester. 
They shall receive no compensation for their services as such 
Board of Excise.* 
Extent of dis- 
trict. 
Inspector of ex- 
cise. 
§ 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- 
formance of such of the duties herein imposed upon them as they 
can and shall delegate to him. The Board of Excise shall have 
power 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. 
Salary. 
License requir- 
ed. 
§ 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 beer 
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 time the 
same shall be granted to sell and dispose of, at any one named 
place within said Metropolitan Police District, exclusive of the 
Board to grant 
license's. 
* Amended, Laws of 1867, Chapter 956, Section 16. 73 
County of Westchester, strong and spirituous liquors, wine, ale 
and beer, in quantities less than five gallons at a time upon re- 
ceiving a license fee, to bo fixed in their discretion, and which 
shall not be less than thirty nor more than two hundred and 
fifty dollars. 
Rate of license 
fee. 
§ 5. Such licenses shall be in the form of a written or print- 
ed certificate, 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 
place where his or their sales are made, and shall be exhibited 
at all times by the person or persons so licensed, and by all per- 
sons acting under such licenses, on demand to every sheriff, con- 
stable or officer or member of police: any omission so to display 
and exhibit such certificate shall be presumptive evidence that 
any person or persons so omitting to display and exhibit the 
same has and have no licenses. 
Form of license. 
License to be 
posted and ex- 
hibited. 
Result of 
omission. 
§ 6. Such licenses shall only be granted on written applica^ 
tion to the said Board, signed by the applicant or applicants, 
specifying the place for which license is asked, and the name 
or names of the applicant or applicants, and of every person inter- 
ested or to be interested in the business to authorize which the 
license shall be used. 
Form of ap- 
plication. 
§ 7. Persons not licensed may, within the said Metropolitan 
Police District, exclusive of the County of Westchester, keep, 
and in quantities not less than five gallons at a time, sell and dis- 
pose of strong and spirituous liquors, wines, ale and beer, pro- 
vided that no part thereof shall be drunk or used in the building, 
or in any building, yard, garden or inclosure communicating 
with, or in any public street or place contiguous to the building 
in which the same shall be kept, sold or disposed of. 
Unlicensed per- 
sons may sell 
more than five 
gallons. 
But not to be 
drank on prem- 
ises. 
§ 8. Licenses granted as above shall not authorize any person 
or persons to, nor shall any person or persons publicly keep, sell, 
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 beheld within one-quarter 
of a mile from the place where the same shall be held. 
Not sell on Sun- 
day or election 
day. 
§ 9. The said Board of Excise shall keep a complete record 
of the names of all persons licensed as herein above provided, 
with a statement of the place licensed and license fee imposed 
and paid in each case, which record they shall at all times per- 
10 
Record of licen - 
scs to be kept. 74 
mit to be seen in a convenient place at their principal headquar- 
ters in the City of New York. 
Licensed per- 
sons to preserve 
order. 
§ 10. Persons licensed as herein provided shall prevent, so 
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 
cause all persons to be removed therefrom, and the place to be 
closed, and kept closed until quiet is restored. 
Shall close if 
necessary. 
No sales to mi- 
nors or appren- 
tices without 
consent. 
§ 11. No person shall sell, give or dispose of any strong or spiritu- 
ous liquors, wines, ale or beer to any apprentice or person under 
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. 
No sales to 
drunkards or 
intoxicated per- 
sons. 
§ 12. No person shall sell, give, or dispose of, and no person 
licensed as herein provided, shall suffer any person for, under, or 
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- 
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. 
Sales to wives, 
&c. 
§ 14. All persons licensed as herein provided shall keep the 
places at which they are so licensed to keep, sell, give and dis- 
pose of strong and spirituous liquors, wines, ale and beer, order- 
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 
from receiving and otherwise entertaining the travelling public 
upon Sundays, subject to the restrictions contained in this sec- 
tion. 
Places closed 
Sundays and 
from midnight 
till sunrise. 
Hotels on Sun- 
days. 
§ 15. No person or persons except those licensed as herein 
provided, and those permitted to sell in quantities more than five 
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 
Unlicensed per- 
sons not to pro- 
fess to sell. 
Signs. 75 
kept for sale, or give notice or advertise that he or they have 
such liquors, wines, ale or beer for sale. 
Advertisements 
§ 16. Every person who shall violate any of the foregoing 
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 
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 
for 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 
authority to employ and pay attorney or attorneys to prosecute 
actions for the recovery of such penalties. 
Punishment for 
violation. 
Pine and im- 
prisonment. 
Penalty. 
Attorney. 
§ 17. No person who shall trust any person for any strong or 
spirituous liquors, wines, ale or beer, on a sale thereof in quanti- 
ties 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. 
No payment for 
sales on credit. 
§18. Any conviction for violation of any of the foregoing 
pro visions hereof, by any person or persons licensed, or at any 
place licensed, as herein provided, shall forfeit and annul such 
license. 
Conviction 
forfeits license. 
§ 19. It shall be the duty of every sheriff, constable, police- 
man and officer of police to compel the observance, and to pre- 
vent the violation of the foregoing provisions hereof; if necessa- 
ry, by summarily closing and keeping closed any places in which 
shall be violated any of such provisions. 
Police to en- 
force law. 
May close 
places. 
§ 20. Every sheriff, constable, officer or member of police shall 
forthwith arrest all persons who shall violate any of the provis- 
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 
be the duty of every magistrate to entertain complaints for a 
Arrest without 
warrant. 
Duty of magis 
trates. 76 
violation of any of the provisions of this act made by any person 
under oath. 
Intoxicated per 
sons.to be ar- 
rested. 
§ 21. It shall be the duty of every sheriff, constable, officer or 
member of police to arrest any person who shall be intoxicated 
in the street, any public place or places where strong and spiri- 
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 on 
oath correctly, the magistrate shall cause him to be confined un- 
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 intoxica- 
tion being hereby declared to be an offence, punishable upon 
conviction by a fine of ten dollars and costs, and imprisonment 
until the same shall be paid, not exceeding ten days. 
Magistrates to 
examine under 
oath. 
Punishment for 
intoxication. 
Board may re- 
voke license. 
§ 22. The said Board of Excise may at any time, and, upon 
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 
the said Board, or the party complained of, may summon, and 
said Board may compel, the attendance of witnesses before them 
and examine them under oath. 
May compel at- 
tendance of wit- 
nesses. 
Disposition of 
license money 
and penalties. 
§ 23. All license fees and penalties herein provided for shall 
he 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 of Westches- 
ter; provided that nothing herein contained shall divert from 
the State Inebriate Asylum such proportion of license fees as is 
now set apart for said institution by existing laws. The said 
Board shall annually report all sums so received by them, and 
State Inebriate 
Asylum. 
Board to report. 77 
shall in like manner be paid to the treasurer of said Inebriates' 
Home of Kings county. The money herein directed to be paid 
to the treasurer of said Inebriates' Home, shall be so paid by 
all magistrates and courts shall monthly report and pay over to 
said Board all fines imposed and received by them.* 
Magistrates 
and courts to 
pay over. 
Grand jurors 
to be charged. 
§ 24. All courts having jurisdiction to try offences against the 
provisions of this act shall instruct and charge grand jurors to 
inquire into all such offences and to indict al! offenders. 
Persons selling 
in violation of 
the law liable 
for damages. 
§ 25. Any person who shall sell any strong or spirituous 
liquors or wines to any of the individuals to whom it is declared 
by this act to be unlawful to make such sale, shall be liable for 
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. 
liepealing 
clause. 
§ 26. All acts and parts of acts inconsistent with the provis- 
ions hereof are hereby repealed, so far as the same shall apply to 
the said Metropolitan Police District, except the County of 
Westchester. 
§ 27. This act shall take effect immediately. 
* Amended, Laws of 1867, Chapter 470, Chapter S06, Section 6, Chapter 843, Section 4, 
Chapter 8S9, Chapter 926, Chapter 956, Section 16. Sec post. LAWS OF 1867. 
CHAPTER 77. 
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 follotcs: 
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. 
Quorum. 
Majority of 
board to concur. 
CHAPTER 470. 
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 1. * * * 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 
Commissioners 
of charities and 
correction to re- 
ceive twelve per 
cent, of excise 
moneys. 79 
of the said commissioners, are hereby authorized and directed to 
pay over from time to time to said commissioners such per cent- 
age, which moneys shall be strictly applied by said commission- 
ers to 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 
Inebriate Asylum, or interfere with the proportion of said license 
fees set apart for said institution by existing laws. The said 
commissioners are authorized to demand and receive all fines 
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. 
Also fines for 
intoxication, 
&c. 
CHAPTER 803. 
AN 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, cre- 
ated by the act chapter seventy-four of the laws of eighteen 
hundred and sixty-six, acting as the Board of Excise, as author- 
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 
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 
Excise money 
in New York to 
be paid commis- 
sioners of sink- 
ing fund. 
How applied. 
Deductions. 80 
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 
Correction, and also deducting ten per cent, of all such moneys 
received prior to April first, eighteen hundred and sixty-eight, 
which ten per cent, shall be paid to the New York State Inebri- 
ate Asylum, at Binghamton, which said ten per cent, shall be 
paid to the said, The New York 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, duly 
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 
make ; 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 live 
hundred dollars per year. 
State Inebriate 
Asylum to bo 
conveyed to 
State. 
Expenses of 
collection de- 
ducted . 
Salary of treas- 
urer. 
CHAPTER 843. 
AN ACT to incorporate the Inebriates' Home for Kings 
County. Passed May 9th, 1867. 
The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 
Twelve per 
cent, of excise 
money in 
Kings county 
to be paid to 
Inebriates' 
Home. 
* * * § 4. The Treasurer of the Board of Excise in and 
for the Metropolitan Police District of the State of New York, 
shall pay to the Treasurer of the said Inebriates1 Home of Kino-s 
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 purpo- 
ses. And all fines hereafter received by said board for viola- 
tions of said excise law committed in said county of Kings 
Also fines. 81 
shall in like manner be paid to the treasurer of said Inebriates' 
Home of Kings county. The money herein directed to be paid 
to the treasurer of said Inebriates' Home, shall be so paid by 
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 
Assembly, 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 
licenses and fines, as follows : 
Application of 
excise moneys 
in Brooklyn. 
All 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, 
to be applied by them without deduction to the extinction of 
the 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 
proportion to the number of scholars attending school in each, 
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 
such town, in proportion to the number of scholars attending 
school in each district, and applied for school purposes ; and in 
the towns of Queens county to the highest officer having the 
general charge of schools in said county, to be by him distrib- 
uted in like proportion among the towns from which it is re- 
11 
In Richmond 
county. 
In country 
towns of 
Kings. 
In Queens 
county. 
Deductions. 82 
ceived, and to be applied for like purposes. But before paying 
over 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. 
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 1G, 1867. 
The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 
License fees 
and fines in 
New Utrecht to 
go to schools. 
Section!. 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.  
Page. 
Abatement suits may be instituted 41 
Abatement suits how tried 41 
Abatement suits, claim tor penalty 
may be joined with 44 
Abatement suits, motion for new 
trial in, 44 
Abating nuisances, liability lor ex- 
penses of 40 
Absence, deductions irom sala- 
ries for 5, 37 
Access to be permitted 63 
Accidents, prevention of 36 
Act, when to take effect 29, 37, 58, 
59, 66, 69 
77 
Action for damages, Board liable to 48 
Action for damages, when to be 
brought 48 
Action tor 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, serv ice on 39, 63 
Agents of Board not personally 
liable 47 
Air-shafts in small rooms 65 
Aidermen, powers of President ol, 
conferred on new Board 9, 34 
Alley, removal of ai tides 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 Io be kept in tene- 
ment houses 62 
Answer in suit for rent 57 
Appeal, action for liability on.... 48 
Appeal, when to stay execution.. 43 
Appeal, when to be taken 43 
Appeal without security 43 
Appeal, undertaking not needed on 67 
Appeal to court oi appeals 44 
Application for 1.cense, 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 
to order 31 
Arrests, policemen and constables 
to make 31 
Page. 
Arrests,undertaking not needed on 67 
Arrests without warrant 75 
Arrested, who may be 16 
Arrested persons, how treated.... 16 
Ashes, receptacles for 65 
Assignee may institute suits 15, 55 
Assistant aidermen,powers of pres- 
ident oi, conferred on new 
Board .' 9, 34 
Assistant Sanitary Superinten- 
dents, two may be appointed. 8 
Assisant Sanitary Superintend- 
ents, one in Brooklyn 8 
Assistant Sanitary Superintend- 
ents, duties of 8 
Assistant Sanitary Superintend- 
ent, salary of S, 52 
Assistant Sanitary Superintend- 
ents, may administer oaths... 16 
Asylumsmay be required to report 22 
Attendance of witnesses compelled 50, 76 
Attorneys, Board to employ 9, 75 
Authenticate papers, Ac., Sl'Cre- 
1 ary to 6 
iluthority of Board presumed.... 16 
Badge may be provided 21 
Badge, wr. ngfully wearing, a mis- 
demeanor 21 
Bedd.ng 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 reg srry of, and to report 12 
Births, statistics of, to be reported 19 
Births, whom to be reported by.. 12 
Births, whatreport of to contain. 12 
" Board " or " said Board," mean- 
ing of 3 
Board, authority of, presumed... 16 
Board, lirst meeting of 5 
Board, fundsot 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 su. d 48 
Board, injunction against... 48 
Board liable to action 43 
Beard 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 ord- r 13, 37 
Board may modify tenement act.. 66 
Board may confer power on presi- 
dent to suspend or mod fy 
order 37 84 
Page. 
Board 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 of 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 give information 17, 18 
Board to keep record of acts 19 
Board to keep record of execution 
of orders 19 
Board to pay from 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 ef, as to 
sanitary matters given to new 
Board 14 
Board of health, existing powers 
of, conferred on ne w Board.... 9, 34 
Board, croton aqueduct, not inter- 
ferred with 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 
Bo ard 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 
Brooklyn, excise moneys in 80, 81 
Brooklyn, one assistant sanitary 
superintendent in 8 
Brooklyn, one of sanitary com- 
missioners must reside in.... 3 
Page. 
Brooklyn, penalties given to au- 
thorities of, enforced by board 49 
Brooklyn Sewerage Commission- 
ers, power of, over sunken lots 67.68 
Buildings, infected or out of re- 
pair, ordered vacated 63 
Buildings, when a nuisance 39 
Buildings on same lot, distances 
between 64 
Buildings, expense of executing 
orders a lien on 50 
Buildings, public, may be inspect- 
ed 21 
Buildings, public, plans of to be 
exhibited 21 
Buildings, removal of articles from 
may be ordered 13 
Buildings, repair of, may be or- 
dered 86 
Buildings, when may be declared 
nuisance 12 
Buildings, when may be declared 
dangerous or detrimental 13 
"Burthensome" substituted for 
stringent 49 
By- Laws to be enacted 20, 80 
By-Laws may be altered 20' 80 
Cattle not to pass over sidewalk.. 67 
Cattle driving. regulation of 66, 67 
Cellar, definition of ' 66 
Cellar, drainage of . 61 
Cellar, floor of, to be kept tight.... 65 
Cellar, how const: ucted 61 
Cellar, rules as to, may be modi- 
fied 66 
Cellar, ventilation of 61 
Cellar, when permit required) or.. 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 76 
Chief Clerk gg 
Chimneys to every floor 65 
City Inspector's department abol- 
ished 28 
£ity Inspector, powers of, given to 
Board 9 p 
City Inspector, powers of, in street 
cleaning commission given to 
president 5 
City Inspector to surrender books, 
Ac 11 
Clean, every one's duty to 15 
Cleaned, what may be ordered.... 13 
Cleaning streets, appropriation for 70 
Cleaning stieets, expense a lien 
on compensation for 15 
Cleanliness ot markets, powers 
over 86, 40 
Clerks, Board to employ 9 
Clerk, Chief 3g 
Clerks of courts, fees not to be 
charged by 33 
Code of health ordinances to be 
published 30,30,49 
Code of health ordinances, when 
to take effect 20,30 
Code of health ordinances, penal- 
ties for not complying with.. 81 
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 
Commissioners may administer 
oaths 16 
Commissioners, removal of 7 
Commissioners, right to enter buil- 
dings 21 
Commissioners, where less than 
five , 
Commissioners, sanitary, who are. 3, ' 
Commissioners, sanitary, how ap- 
pointed 3 
Commissioners, sanitary, one must 
reside in Brooklyn 3 
Commissioners, sanitary, succes- 
sors of. how appointed 4 
Commissioners, sanitary, three 
must be physicians 3 
Commissioners, sanitary, salaries 
of 5 
Commissioners, sanitary, terms of 
office . 4 
Commissioners, sanitary, draw 
lots for term 4 
Commissioners, sanitary, take and 
file oath 4 
Commissioners, sanitary, hold no 
other office 7 
Commissioners, sanitary, not de- 
clining nomination, vacate of- 
fice 7 
Commissioners, health, powers of, 
conferred on new board 9. 34 
Commissioners of excise, salaries 
of 52 
Commissioners of police, members 
of Board 3 
Commissioners of police, salaries 
as members of Board 5 
Commissioners of quarantine, in- 
formation to be given to 17 
Commissioners of quarantine to 
give information 17 
Commissioner, street, not inter- 
fered with 10,35 
Common Council, powers of, con- 
ferred on new Board 9, 34 
Common law liability reserved.. 40 
Compensation, how forfeited 50 
Compensation not to be paid to 
health officers 23 
Compensation, expense a lien on.. 15, 54 
Compensation, suit to recover back 56 
Complaint, arrests to be made on. 31 
Compla nts to be investigated ... 21 
Complain, book to be kept 21 
Comptroller- not to be interfered 
with 11,85 
Comptroller of State to approve 
Treasurer's bonds 6 
Constables to make arrests 31 
Contagious disease, persons sick 
with, may be removed 18 
Contract for street cleaning not 
affected " .. 6 
Contribution, liability to 15 
Conviction forfeits license 75 
Coroners, powers over 51 
Corresponding Secretary may be 
appointed 5 
C >rresponding Secretary, salary of 5 
Costs, when recovered 31, 41 
Co?ts, amount of 33 
Costs against Board in suits for 
rent 57 
Costs in abatement suits account- 
ed for 41 
Costs, separate executions lor ... 45 
Costs, when to be paid 33 
Court in which suits may be bro't. 41 
Court may grant injunction 46 
Court may order rent paid to Board 46 
Court may order speedy trial 47 
Court, preference in 67 
Page. 
Courts to act promptly 29 
Court, fees not to be charged by.. 83 
Courts uot to lose jurisdiction by 
plea of real estate 83 
County to bear expenses incurred 
for 26 
Croton aqueduct board uot inter- 
fered with 10, 35 
Damages, Board liable to action for 48 
Damages, limit of recovery 48 
Dangerous or detrimental to life or 
health, what may be 13 
Date of erections, owner to prove.. 65 
Deaths, duty to gather and preserve 
facts as to 19 
Dead body ordered removed or 
buried 51, 52 
Death, false report of 49 
Deaths, next of kin to report 12 
Deaths, penalty for omission to 
keep registry of 12 
Deaths, publish information as to 28 
i leaths, powers as to 11 
Deaths, acts as to, extended 
throughout district 11 
Deaths, statistics of. to be reported 19 
Deaths, whom to be reported by.. 12 
Defect of parties, suits not dis- 
missed for 41 
Defendants, who to be. in actions 
under the tenement acts 65 
Demand of rent gives lien 54 
Disease, duty to gather and pre- 
serve facts as to 19 
Disease, persons sick with, be re- 
moved 18, 39 
Disinfected, what, may be ordered.. 13 
Disinfection, gratuitous, may be 
provided IS 
Dispensaries maybe required tore- 
port 22 
Dispossession forbidden when rent 
paid to treasurer 55 
" District" or ''said District," mean- 
ing of 3 
District, sanitary superintendent 
must reside in 7 
District, sanitary, what it embiaees 8 
Drainage, duty to provide for 16.40 
Drainage of markets, powers ovi r.. 36,40 
Drugs, deleterious, adulterated or 
poisonous, powersas to 22 
Duties of officers of institutions, &c. 22 
Elect'on day, no sales on 73 
Engineer, sanitary 21 
Engineering, amounts to be expend- 
ed for .. . 22 
Erection or conversion, owner to 
prove date ot 65 
Esti nate, Board of. b»w constituted 24 
Estimate, Board of, duties of. .... 24,26 
Estimate, what to contain 25 
Evidence, records as 29 
Examination, what application for 
to contain 17 
Examination, how enforced 17,18 
Exami nation, j udge may order 16 
Examinations, how taken 17 
Exam.nations, power of judge as to 24 
Examination, service of order for.. 17 
Excise Board, designation of 48 
Excise Board, expenses of 76, 80, SI 
Excise Board, how constituted 72 
Excise Board, injunction against.... 48 
Excise B' ard, meetings of 52 
Excise Board, officers of 52 
Excise Board, powers of. 74,76 
Excise Board, quorum of 52, 78 
Excise Board, records of 53 
Excise Board, report by 53 86 
Page. 
Excise Board, salary of Treasurer.. 80 
Excise Board, seal of 52 
Excise Board, Secretary of. 52 
Excise, Inspector of 72 
Excise moneys appropriation of.... 76 
Excise moneys in New York 78,79 
Excise moneys in Brooklyn, SI 
Excise moneys in Kings county ... 80,81 
Excise moneys in New Utrecht 82 
Excise moneys in Queens county... 81 
Excise moneys in Richmond county 81 
Excise moneys, salaries to be paid 
from 52 
Execution, against whom 45 
Execution, by whom issued 45 
Execution, when and for what is- 
sued 45 
Execution of orders, statement of 
expense of <53 
Execution of judgment, when 
statement of expense of 44 
Execution of judgment, when 
statement of, final 44 
Executive officer, chief, must be 
physician 7 
Executive officer, must reside in 
district 7 
Expenditures, proper, Board may 
make 9 
Expenditures,extraordinary-, when 18 
Expense of abating nuisance, lia- 
bility for 40 
Expense of abating nuisance ap- 
portioned in judgment 42 
Expense of abating nuisance,state- 
ment of to be tiled.. 44 
Expense of abating nuisance re- 
covered when advanced 47 
Expense of abating nuisance, what 
not stated in finding 47 
Expense of executing orders, ag'st 
whom a charge 15 
Expense of executing orders, alien 15, 50, 54 
Expense of executing orders to be 
apportioned 53 
Expense of executingorders, state- 
ment to be filed.... 53 
Expenses for 1866 25 
Expenses to be reported 20 
Expenses, how apportioned 25 
Expenses incurred in good faith to 
be paid Irom funds of Board.. 47 
Expenses, what not included in 
limitation of 47 
Expenses, amount of, ■which may 
be incurred 25, 52 
Expenses of Board of Excise 76, SO, 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 44 
Fines, disposition of 76, 77, 79 
80, 81, 83 
Fines may be imposed for neglect 
of duty 9 
Fines on conviction 31 
Fines, payment of, how enforced. 31 
Fines paid over to treasurer 31 
Fines, reports of, to be made 31 
Fire escape 59 
Floors of cellars to be tight 65 
Food, powers as to 22 
Front and rear buildings, distance 
between 64 
Page. 
Funds paid into State Treasury.... 23 
Funds, how drawn and paid 23 
Fulton market stalls not removed.. 40 
Garbage, receptacle for, to be pro- 
vided 62 
Goats in tenement houses 63 
Governor, approval of, necessary to 
borrowing 27 
Governor has power to remove ... 7 
Governor to approve exercise of ex- 
traordinary powers 18 
Governor to appoint Sanitary Com- 
mission 3,4 
Grounds, removal of articles from, 
may be ordered 13 
Ground, duty of those who have un- 
dertaken to clean 15 
Ground, when may be declared dan- 
gerous or detrimental 13 
Halls, ventilation in 59 
Halls, open at ends 65 
Health Board, designation of 4S 
Health Board,injunction against... 48 
Health, B >ardof, how constituted.. 3 
Health, Board of, may institute 
suits 15. 31,32,41, 65 
Health, duty to enforce laws relat- 
ing to 22 
Health,duty to gather and preserve 
facts as to 19 
Health laws to be codified 57 
Health, what is dangerous to, to be • 
declared a nuisance 12 
Health, what may be declared dan- 
gerous or detrimental to 13 
Health ordinances, code of, to be 
published ,. .. 20,30 
Health ordinances, code of, When 
to take effect 20,30,47 
Health ordinances, code of, pen- 
alty for not Complying with. . 31 
Health, powers of existing Boards 
conferred on new Board 9, 34 
Health Commissioner, powers of, 
conferred on new Board 9,34 
Health Officer of Port of New 1 oi k, 
a member of Board 3 
Health Officer, authority of not af- 
fected 18 
Health ordinances, code, of 49 
Health ordinances, code of, what to 
embrace 49 
Health Officer, salary of, as member 
of Board 5 
Health Officer, information to be 
given to 17 
Health Officer to give information. 17 
Health Officer to co-operate 17 
Health Officer, power of, conferred 
on new Board 9,34 
Health Officers to communicate re- 
ports 19 
Health < Hticers to communicate in- 
formation 19 
Health Officers not to be created or 
employed by municipal authori- 
ties 11 
Heating, parties applying for, to 
have 13 
Hearing, speedy, to be given in 
courts 47 
Height of rooms 61 
Hot so in tenement house 62 
Hospitals may be require d to report 22 
Hotels on Sundays 74 
Houses, repair of, may be ordered.. 36 
impending pestilence 13,18 
Inebriate Asylum,State, license fees 
to 76,79,SO,82 87 
Page. 
Inebriate Asylum in New York... . 78 
Inebriates' Home, in King's County 80 
In fee ions diseases, powers as to.. . 39 
Infirmaries n ay be required to re- 
port 22 
Informer under excise law 75 
Injunction in abatement suits 46,47 
Injunction in abatement suits with- 
out undertaking 46 
Injunction in abatement suits, action 
for damages on 4S 
Injunction ag'st Board.how granted 48 
Inquests, duties of coroners as to... 51 
Insp< ctions, result of, mav be pub- 
lished 21 
Inspect., is, Sanitary, how many... 8 
Inspectors, Sanitary, duties of... .. 8 
Inspectors, Sanitary, salaries oi.... 8, 52 
Inspectors, Sanitary, false report by 49 
I Spectors, ten to be physicians.... 8 
Inspectors, those not physicians to 
be selected for qualifications.... 8 
Inspectors, right to enter 21 
Jnsptetors, Assistant Sanitary 52 
Inspector, City, powers of, given 
Board 9,11,34 
Inspector, C ty, to surrender books, 
etc 11 
Institutions, reports may be requir- 
ed irom 22 
Int< xicated persons, when arrested 76 
Intoxicating liquor s, act to regulate 72 
Intoxication, punishnu nt for 76 
Intoxication, disposition of fines for 77, 79, 80 
81, 82 
Issues, how settled, and tried in 
abatement suits 41 
Judge may order production of 
books 17 
Judge may order examination . ... IS 
Judge, may grant injunction 46 
Judge may order rent paid to Board 46 
Judge, when may di;charge lien.... 42 
Judge, when 11.ay order stay 43 
Judge, ruling of, as to statement 
Altai 45 
Judgment., in abatement suit, how 
settled 41 
Judgment in abatement suits, what 
to contain 42, 44, 46 
Judgment in abatement suits,execu- 
tion of. 42, 43 
Judgment, in abatement, suits, to 
state on what it is a lien 42 
Judgment, when statement of ex- 
pense to be final 44 
Judgment, statement of expenses of 
executing to be filed 44 
Judgment,injunction in 47 
Judgment against Board to be paid 47 
Judgment in lien cases 51 
Judgment in actionsfor penalty... 54 
Jurisdiction of actions to be taken . 31 
Justice to order arrest 31 
Justices to take jurisdictions of ac- 
. tions. 31 
Keeper of lodging-house, duty of.. 62, 63, 65 
King's County, excise money in.... 80, 81 
Land expense of executing orders, 
a lien on 50 
Laws to be codified 57 
"Laws and Ordinances relative to 
Preservation of Public Health," 
authority conferred by, given to 
Board 9,35 
Laws relating to health, duty to en- 
force 22 
Legislation to be suggested 20 
Lessees, orders may be served on.. 14 
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 
I .essees to pay rent to treasurer.... 55 
Lessees, duty of under tenement act 60, 62, 63 
Lessees, when liable to penalty 65 
Lessees to be made defendants 65 
Liability incurred in good faith to 
be paid 47 
License to scavengers 36 
License to sell liquors 72 
License, to whom granted 72 
License, what allowed by 72 
License, bow 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 executing orders.. 50 
Lien, effect of filing notice of. 51 
Lien, how enforced 51 
1 ten, how long to continue 51 
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 1 ent, how made effectual.... 54 
Life, what is dangerous to, is a 
nuisance 12, 39 
Life, what may be declared danger- 
ous or de'rimental 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, cei tificates,may be issued for 27 
" Lodging-house," definition of 66 
Lodging-house, orders may be 
served on agent of 39,63 
Magistrates, duty of, under excise 
law ' 75, 76 
Magistrates to order arrest 31 
Magistrates, fees not to be charged 
by .... 33 
Mail, service of orders through 14 
Maps may be copied 7 21 
Markets, regulation and control of, 
given to Board 36. 40 
Markets, new, plans for to be pre- 
pared 41 
Markets, Fulton and Washington.. 40 
Marriage, false return of... 49 
Marriages, power as to 11 
Marriages, acts as to, extended 
throughout district 11 
Marriages,statistics of, to be reported 19 
Marshals, police have power of..... 33 
"Matter." meaning of. 4 
Mayor of New York, powers of, con- 
ferred on new Board 9, 34 
Mayor of New York, powers as to 
weights and measures, given to 11 
Mayor and Common Council, pow- 
ers of. conferred on new Board.. 9, 34 
Mayor and Commission'rs of Health, 
powers of, conferred on new 
Board 9, 34 88 
Page. 
Meaning of terms 3,4 
Measures and weights, powers as 
to, given to Mayor of New York 11 
Medical relief to poor may be pro- 
vided - 18,39 
Medicines, power as to 22 
Meetings, regular and special, when 
held 22 
Meetings, notice of. 22, 52 
Meetings, taken to be regular in all 
proceedings 22 
Members of Boa d, salaries of. 5, 52 
Membeis of Board, removal of. .... 7 
Members of Board, right to enter.. 21 
Membeis of Board may administer 
oaths 16 
Members not personally liable. ... 47 
Members summarily examined 24 
" Metropolitan Board of Health," the 
name of the health board 48 
"Metiopolitan Board of Excise," the 
name of the excise boatd 48 
Midnight, liquor shops closed at.... 74 
Mire rs, sales of liquor to 74 
Minutes, papers fi'ed deemed enter- 
ed in 33 
Misapplication 01 funds inquired into 24 
Misdeim anor, parties arrested to be 
treated as for 16 
Misdemeanor under health act, what 
is 28,32,50 
Mis temeanor under excise law 75 
Misdemeanor under tenement act... 65 
Money borrowed a charge 27 
Motion for new trial in abatement 
suits 44 
Municipal authorities not to inter- 
fere 11 
Municipal autho iiies not create, or 
employ health officers or incur 
expenses 11 
Name of Board 48 
Name of owner or agent of tene- 
ment house to he 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 tor portbirths and deaths 12 
Notice of lien, where filed 50 
Notice of lien, effect of 50, 51,54 
Notice of payment of rent to treas- 
ur<r 56 
Nuisance defined 39 
Nuisance, liability for expense of 
abating 40 
Nuisance, suits to abate 41 
Nuisance, common law right as to 
reserved 41 
Nuisances, abating 36 
Nuisances, Board may declare 13 
Oath, Sanitary Commissioners to 
take and file 4 
Oaths, who may administer. 16 
Obstructing execution of orders a 
misdemeanor 28, 32 
Obstructions on streets and walks, 
removal of.... 36, 40 
Occupant,duty of, to place and keep 
in safe condition 15 
Occupants, orders may be served on 14 
Occupants, expense of executing or- 
ders a charge against 15 
Occupants to pay rent to Board.... 46, 55 
Page, 
Occupants, duty of, under tenement 
act 60,65 
Officers, not peisonally liable 47 
Officers, false reports by 49 
Officers, dismissal of 6, 52 
Officers, names of. to be reported... ly 
Officers, pretending to be, a misde- 
meanor 21 
Officers, Board may procure 9 
Omission, willful, to obey order, a 
misdemeanor 28, 32, 53 
Order may be reaffirmed, modified, 
or rescinded 13, 37 
Order, special or general, penalty for 
not complying with 32, 53 
Order, power may be conferred 011 
President to suspend or modify 37 
Order not to be modified so as to bo 
more stringent 37 
Orders, mode of serving 13, 14 
39, 63 
Orders, against whom expense of, 
is a charge 15 
Orders, obstructing execution of, a 
misdemeanor .... 28 32,53 
Ordeis, violating, a mi. demeanor.. 28. 32, 53 
Orders, suspension or modification 
of, on application 13,37 
Orders pn sinned to be authorized... 22 
Orders, exp use of executing, a lien 50,54 
Orders, apportionment of expense of 
executing 53 
Orders, statement of expense of exe- 
cuting 53 
Orders, authority of Board in execu- 
ting 19 
Ordinances, amended, to be publish- 
ed 30, 49 
Ordinances, duty of police to en- 
force 19.38 
Ordinances, code of, to be published 20, 30, 49 
Ordinances, code of, when to take 
effect 20,30,49 
Ordinances, penalty for not comply- 
ing with... 20, 28, 31 
32, 53 
Ordinances, sanitary 49 
Ordinances a codification to be sub- 
mitted to the Legislature 57 
Ownei, duty of, to place and keep iu 
safe condition 15 
Owners, orders served on 13,14, 63 
Owners.expense of executirg orders, 
a charge against 15 
Owners, duty of, under tenement 
act 60, 62, 63 
Owners, names of to be posted 63 
Owners toprove date of erection.. 65 
0 wner, prima facie, liable 65 
Owners to be made defendants 65 
Papers filed deemed entered on 
minutes 33 
Papers, how served 33 
Parents to report births 12 
Parties to suits 15, 28, 32 
Parties to suits for recovery of rent 56 
Parties to suits under tenement act 65 
Part owner, duty of, to place and 
keep in safe condition 15 
Penalty for violations 20, 28, 31 
32 
Penalty for not complying with reg- 
ulations, &c 20, 32 
Penalty, minimum, under health 
law 38 
Penalty, judge to fix 38 
Penalty, claim for, joined in abate- 
ment suit 44 
Penalty, separate execution for ... 45 
Penalty, claim for, joined in suit for 
expenses 53 89 
Page. 
Penalty, claim for, may be r ssigned 53 
Penally, judgment in action for.... 54 
Penalty, when recovered back by 
landlord 56 
Penalty undei tenement act 65 
Penalty under excise act 75 
Penalties, certain, to be sued for... 49 
Peril, in ease of, no limit as to ex- 
pense 25 
Peril of pestilence, powers given in 13, 18 
Perjury, what is 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 powergiven 13, 18 
Pestilential diseases, pow< rs as to.. 39 
Physician, chief executive officer, 
must be 7 
Physicians, ten of inspect' rs, must 
be 8 
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 
of < 
" Police." meaning of 
Police Commissioners, members of • 4 
Board 3 
Police Commissioners, salaries of. 5,52 
Police Board to report danger to 
health 18 
Police Boaid 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, 38 
Police to enforce excise law 75 
Police 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 18, 39 
Port of New York, health officer of, 
a member <>f Board 3 
Power of Board, what included in.. 7. 8, 9, 10 
11, 12. 13 
36, 39, 40 
41, 51 
Powers of Board, how exercised... 9 
Power given by any law relative to 
health to be exercised 10,34 
Powers of City Inspector given to 
Board 11 
Preference in courts 67 
President to be elected annually... 5 
President to be a member of Board. 5 
President, duties of 5 
12 
Page. 
President may appoint Secretary 
pro tem 6 
President pro tent. may be elected. 6, 38 
President, power may be conferred 
on, to susp. nd or modify • rder 37 
President has powers of City In- 
spector on street cleaning com- 
mission 5 
President, process may tie served on 48 
President of the Bon-d of Alcer- 
inen, powers of, conferred on 
new Board 9, 34 
Premises, when may be declared a 
nuisance 12 
Premises, when may be declared 
dangerous or detrimental 13 
Prevention of accidents 36 
Privies required 60 
Privies, how fitted 60 
Privies, number of 60 
Privies connected with sewer 60 
Persons may be required to report 22 
Proceedings presumed to be au- 
thorized 22 
Proceedings to be regarded as ju- 
dicial and legal 29 
Process, how served 33,48 
Proclamation of peril 18 
Production of books, judge may or- 
der 17 
Proofs, how taken 16 
Prosecuting officers to act promptly 29 
Prosecutions, before whom 28, 31, 32, 76 
Purified, what may be ordered.. .. 14 
Pursuits, when may be declared a 
nuisance, wc 12 
Quarantine, Commissioners of, 
to give and receive informa- 
tion 17 
Quarantine, Commissioners of, to 
co-operate 17 
Quarantine, permits to visit ves- 
sels at 7fi 
Queens county, excise moneys in. 81 
Quorum of Board of Excise. 52, 78 
Quorum of Board of Health 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 
Recoi d 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 pro- 
ceedings 23 
Regulations, penalty for not com- 
plying with 20, 28 
31, 32, 53 
Regulations, duty of police to en- 
force 19,38 
Regulations may be included in 
eode 49 
Regulations to be prepared 59 
Removal < f Commissioners, pro- 
ceedings for 7 
Removal of officers, how effected.. 6. 52 
Removal of sick authorized....... 18,39 
Removal of obstructions on streets 
and walks 36,40 
Removed, what may be ordered... 14,36,40 
Rent ordered paid to Boaid....... 46 90 
Page. 
Rent 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 Kr, 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 ordend 36 
Kepair, roof to be kept in 59 
Kepa r, buildings out of, vacated. 63 
Repeal, none by implication 57 
Report to be made annually 19 
Report may I e printed 20 
Keport of Board of Excise 53, 76 
Keport, lalse, by inspector 49 
Reports. to whom, to be sent 20 
Keport of birth and death, penalty 
for omission to make ", 12 
Keports from all persons 22 
Keports may be required from insti- 
tutions, &c 22 
Keports of trials to be 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 । hysician. 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 81 
Roof not to leak... 59 
Room, when declared dangerous or 
detrimental 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. 30, 49 
Rules to be enacted 20,30,49 
Salary of Assistant Sanitary Super- 
intendents 8,52 
Salary of Assistant Sanitary In- 
spectors 52 
Salary of Inspectors 52 
Salary of Sanitary superintendent.. 8,52 
Salat y of Secretary 6 
Salary of Treasurer 5, SO 
Salary not to be paid to health offi- 
cers 10.34 
Salaries, how paid 5,24 
Salaries of members of Board 5, 52 
Salaries, deductions from, for ab- 
sence 5.37 
Salaries not . to be paid certain offi- 
cers 10,34 
Sale of improper articles in markets 36 
Sales of 'iquoron credit 75 
Sales to apprentices 74 
Sales to drunkards 74 
Sales to wives. Ac 74 
Sales without license 72 
Sanitary Commissioners, who are.. 3,4 
Sanitary Com mission<rs, how ap- 
pointed 3.4 
Sanitary Commissioners, three must 
be physicians 3 
Sanitary Commissioners, one must 
reside in Brooklyn 3 
Sanitary Commissioners, term of 
office 3,4 
Sanitary Commissioners to draw 
lots for term 4 
Sanitary Commissioners, take and 
file oath 4 
Page. 
Sanitary Commissioners to be con- 
firmed by Senate <3.4 
Sanitary Commissioners, salaries of 5,52 
Sanitary Commissioners to hold no 
other office 7 
Sanitary Commissioners not declin- 
ing nomination to office vacate 
place 7 
Sanitaiy condition, publish informa- 
tion as t<> 21,23 
Sanitary bistuct, what it embraces 3 
Sat.iiaiy Engineer 21 
Sanitary engineering, amount to bo 
expended fo- 22 
Sanitary Inspectors, h >w many ... 8 
sanitary Inspectors, duties of 8 
Sanitary inspeetois, salaries of 8,52 
Sanitary Inspectors, ten to be phy- 
sicians 8 
Sanitary inspectors, those not phy- 
sicians to be Selected for quaii- 
fications 8 
Sanitary 1 nspi ctois to report 8 
Sanitary Inspectors Assistant 52 
Sanitary inspectors may be classi- 
fied 52 
Sanitaiy Ordinances, what code of, 
to contain 49 
Sanitary regulations, penalty tor not 
complying with . .20, 28. 30. 31, 32, 38.53 
Sanitaiy Superint inlent, dutiesof. 7.8 
Sanitaiy Supeiintendent, salary of. 8,52 
Sanitary Superintendent, reports by 8 
Sanitary Sup< rn tendent may ad- 
minister oaths 16 
Saniiarv Superintendent, right to 
entr.... 21 
Sanitary Superintendents,Assistant, 
two may be appointed 8 
Sanitary Superintendents,Assistant, 
one in Brooklyn 8 
Sanitary Superintendent, Assistant, 
duties of 8 
Sanitary Superintendent, Assistant, 
salary of 8 
Scavengers, licensing of 36 
Scavengers, regulate n of 36 
Schools may be required to report.. 22 
Schools, excise moneys to support of 81,82 
Seal 6,52 
Seal, courts to take i otice of 38 
Sicretary to be appointed 5 
Secretary not to be a member of 
Board 5 
Secretary hold office till removed.. 5 
Secretary, duties of 6,52 
Secretary to keep records, books, 
and papers 6 
Secretary to conduct coirespond- 
ence 6 
Secretary to authenticate papers, 
&c 6 
Secretary, salary of 6 
Secretary, how removed 6 
Secretary may administer oaths.... 16 
Secretary pro tern 5, 6, 38 
Secretary process may be served on 48 
Secretary. Corresponding, salary of. 5 
Secretary of State to give certificate 
of appointment..'. 4 
Security on appeal, &c., board not 
to give 43,67 
Senate to Confirm sanitary commis- 
sioners 3,4 
Servants, Board to employ 
Servants Board to fix salaries of... 9 
Service of orders 13, 14, 39, 63 
Service of orders for examii ations. IT 
Sr r vice of process on Board 4S 
Sewers, waler closets to be connect- 
ed with 60 
Sewers, yards to be connected with 60 91 
Page. 
Sewers, when may be declared dan- 
gerous or detrimental 31 
Sewerage, when may be declared a 
nuisance 12 
Sewerage, duty to provide for 15 
Sewerage Commissioners, poweisas 
to ponded waters 67,68 
Sheep in tenement house 62 
Sheep, when driven 67 
Sheep not to pass on sidewalk 67 
Sick, removal of. authorized 18,39 
Sick persons to be reported 63 
Sickness, infoimation as to, may be 
publi hed 23 
Sidewalks, removal of obstructions 
on 36, 40 
Sidewalks, cattie. &c., on 67 
Signs foibidden to unlicensed per- 
sons 74 
Sleeping rooms, how ventilated.... 59, 64 
Small pox,persons s.ck with remov- 
ed 18 
Soldiers' Messenger Corps, stalls of. 69 
Special Sessions, trial may be te- 
moved to 31 
Statistics of births, deaths and mar- 
riage-. to be reported 19 
Stairs to have bannisters 60 
Stalls, market, not removed....... 40 
Sia ls on sidewalks 40.69 
Stale Inebriate Asylum 76, 79, SO, 82 
Statement of expense to be filed.... 44 
Statement of expense, not Co of fil- 
ling 44 
Statement of expense, when final, 45 
Stateim nt of exp, nse, modified.... 45 
Statement of expense, part ol judg- 
ment 45 
Statement of expense of executing 
orders 53 
Storage in ten* ment houses, 62 
Streets, appropriation for cleaning. 70 
Stieets through which cattle driven 67 
Streets,duty of those who have un- 
dertaken to clean 15 
Streets, removal of articles from, 
may be ordered 15.36 
Street-, removal of obstructions on 36, 40 
Street cleaning, contract for, not af- 
■ iected 6, 71 
Strei t cleaning, expense a lien on 
compensation for 15 
Street cleaning, commission for, not 
interfered with 11 
Street cleaning commission. powers 
of City Inspector in given to 
President. 5 
Street commissioner, not interfered 
with 10,35 
Structures, repair of, may be order- 
ed 36 
Suits, Bo'i-d may institute 31, 32, 33,41, 65,75 
Suits to ab.te nuisances 41 
Suits tor damages, when brought... 48 
Suits for rent when maybe brought 55 
Suit to recover back rent 56 
Suits, parties to 15, 16, 28, 32, 44, 56, 65 
Sums raised to be paid to Treasuter 
of State 27 
Sunken lots in Brooklyn 67 
Sunday, no salesof liquor on 73 
Sunday, liquor stores closed on.... 74 
Sunrise, liquor stores open at 74 
Sup rintendent. sa* itary, is chief 
executive officer 7 
Superintendent, sanitary, must be 
physician 7 
Superintendent, sanitary, duties of 8 
Superintendent, sanitary, salary of. 8 
Superintendent, assistant, may ad- 
minister oaths 16 
Page. 
Superintendent, right to enter 21 
Superintendent, assistant, right to 
enter 21 
Superintendent, two assistants may 
be apj ointed 8 
Superintend nt, assistant sanitary, 
one in Brooklyn 8 
Superintendent of unsafe buildings 
not interfered with 11,35 
Supervisors, B. ards of, to raise and 
collect money 26,39 
Supreme U urt, power ot judge of, 
on proceedings to remove com- 
missioners 1 
Supreme Court, injunction by, only 47 
Surface water ponded in Brooklyn 67 
Surgeons, police to detail. 58 
Surgeons, police may dismiss 58 
Surgeons of police to assist Board.. 58 
Surveys, right to make 21 
Telegraph, police may build 58 
Tenant to pay rent to Board 46, 55 
Tenant, when made defendant 65 
Tenant, duty ot to place and keep on 
safe condition 15 
Tenants, orders may be served on.. 14 
Tenants, expense of executing ord- 
ers, a charge against 15 
Tenants liable under tenement act. 65 
Tenement house, orders may be 
served on agents of 39,63 
Tenement house to be kept clean.. 62 
Tenement house may be cleansed or 
Usiniected 63 
Tenement house hereafter erected 
requirements for 64 
"Tenement house," definition of... 66 
Theatres may be required to report 22 
"Thing." nr aning of... 4 
Time within which orders are to be 
complied with 14 
Treasurer to be elected 5 
Treasurer to be a member of Board 5 
Treasurer, hold office till removed.. 5 
Treasurer, fines to be paid over to.. 31 
Treasurer, costs to be paid to 41 
Treasurer, receipt of, a discharge.. 46,55 
Treasurer, rent to be paid to 55 
Treasurer to deposit rent 55 
Treasurer when liable to repay 
rent 56 
Treasurer to obey board 57 
Treasurer not personally liable.... 57 
Treasurer, salary of 5,80 
Tieasurer, duties of 6 
Treasurer to deposit funds in bank 6 
Treasurer to give bonds... 6 
Treasurer's bonds, moneys collected 
on 6 
Trcasmer of State, sums raised to 
be paid to 27 
Treasurer of State, regulations as to 
payments by 27 
Trial not to be had in New York 
without notice 31 
Trials, reports of, to be made to 
Board 31 
Trial may bo removed to Special 
Sessions 31 
Trial, speedy, to be given 47 
Tribunals to take jurisdiction of ac- 
tions 31,32 
Undertaking in abatement suits... 43 
Undertaking by board not required 46, 67 
Unlicensed persons, what may sell 73 
Unlicensed person not to advertise 74 
Unsafe, buildings, superintendent of, 
not interfered with 11, 35 92 
I'age. 
Vacancies, how filled 4 
Vacancies, appointees to, how long 
to hold 4 
Vacated, building may be ordered.. 63 
Vaccination, gratuitous,may be pro- 
vided IS 
Ventilation of markets, powers 
over 36, 40 
Ventilation, duty to provide for. .15, 59, 64, 65 
Ventilation, want of, a nuisance.... 40 
Ventilation of sleeping rooms 59, 64 
Ventilation in small rooms.. 65 
Ventilation of cellar 61 
Ventilation in hall 59 
Ventilat'ou, 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, 32 
38, 53, 65, 75 
Page. 
Walks, removal of obstructions on. 86, 40 
Walks, cattle, Ac., on 61 
Warrant, arrest without ... 75 
Washingion market, stalls around.. 40 
Water, ponded in Brookh n 67 
Water in every tenement house.... 65 
Water closets required •. 60 
Water closets, how fitted 60 
Water closets connected with sewer 60 
Water closets, number of 64 
Weights and measures, powers as to 
given Mayor of New York.... 11 
■Westchester county, money to be 
raisedin 39 
Whitewashed, tenement houses 
twice a year 62 
Windows, number and size of 64 
Witnesses, attendance of,compelled 7, 50, 76 
Yard to be connected with sewer.. 60 
Yard to be graded 61 
Yard to be kept clean 62