[Form 9. 6-05. 10,000.] CALIFORNIA STATE BOARD OF HEALTH HEALTH LAWS OF THE STATE OF CALIFORNIA INCLUDING LAW FOR THE REGISTRATION OF VITAL STATISTICS IN CALIFORNIA SACRAMENTO: W. W. SHANNON, - - - SUPERINTENDENT STATE PRINTING. 1905. CONTENTS. PRESERVATION OF PUBLIC HEALTH- PAGe State Board of Health 3 Health and quarantine regulations 6 REGISTRATION OF VITAL STATISTICS- Registration of births and marriages 8 Registration of deaths , 12 OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY- Putting dead animals in streets, rivers, etc 21 Willful violation of registration and health laws ' .... 22 Violation of rules relating to quarantine, etc. 22 Violation of rules relating to pollution of water 22 Violation of rules relating to pollution of ice 22 Cubic feet of space in rooms 23 HYGIENIC LABORATORY 23 VACCINATION LAW 24 Form 9. 6-05. 10.000. HEALTH LAWS OF THE STATE OF CALIFORNIA. POLITICAL CODE. Part III-Of the Government of the State, Title VII General Police of the State, CHAPTER II-PRESERVATION OF PUBLIC HEALTH. ARTICLE I-STATE BOARD OF HEALTH. § 2978. State board of health, appointment and term. § 2979. Powers and duties of board. § 2979a. Duties of boards of health in contagious and infectious diseases. § 2980. To report as to the effect of intoxicating liquors. § 2981. Meetings, and election of officers. § 2982. Secretary of board. Salary. Duties. § 2983. Repealed. § 2984. Local boards of health to enforce rules made by state board of health. § 2978. The state board of health shall consist of seven duly licensed and practicing physicians of this state, appointed by the governor for the term of four years. (As amended, Stats. 1905, Ch. CCCXL.) § 2979. The state board of health shall examine into the causes of communicable diseases in man and domestic ani- mals occurring or likely to occur in this state. It may quarantine or isolate and disinfect persons, animals, property and things of whatever nature, and houses, rooms, places, cities or localities, -whenever in the judgment of said board or pending its meeting, whenever in the judgment of its executive officer such action shall be deemed necessary to protect or preserve the public health, and said board may destroy or cause to be destroyed, bedding, carpets, household goods, furnishings and materials, clothing, or animals, when in the judgment of said board or that of its executive officer such clothing, furnishings, bedding, goods, materials or animals are an imminent menace to the public health. State board of health, appoint- ment and term. Powers and duties of board. 4 Powers and duties of board. It may establish and maintain places of quarantine or isolation. It shall have sanitary control of all public buildings or places owned, leased or controlled by the state, and no officer or person having charge of the erection of any public build- ing owned or controlled by the state shall proceed with the construction thereof until the state board of health shall, in writing, have approved the plans and specifications therefor, in so far as the same may, in any way, affect the sanitation thereof. It shall cause special investigation of the sources of mor- tality and the effects of localities, employments, conditions and circumstances on the public health, the preparation and sale of drugs and food and the adulteration thereof. They must perform such duties as are or may be required by law for the detection and prevention of the adulteration of articles used for food or drink, and for the punishment of persons guilty of violation of any law providing against such adulteration. It shall examine and have power to prevent the pollution of sources of public domestic water and ice supply. It shall have power to prepare or purchase and distribute at cost anti-toxins, vaccine and other approved serums and lymphs. It shall maintain a bureau of vital statistics under the super- vision of its executive officer, where shall be collected and recorded all births, marriages and deaths, burials and cre- mations within the state. These statistics together with the number of cases of communicable diseases, and such further comparative statistics and information as may be deemed of value to scientists, the medical profession, the general public and aid in the maintenance of good health conditions may be published by the board in such manner and at such times as it may deem proper. It shall have power to prescribe and enforce regulations for the embalming, cremation, burial, disinterment and transportation of the dead. It shall have power to prescribe the form of certificates of birth and death, and of permits for burial, disinterment, cre- mation and transportation of the dead, and provide measures for their observance. It shall have power to abate public nuisances. It may advise all local health authorities, and, when in its judgment the public health is menaced it shall control and regulate their action. It shall have general, power of inspection, examination, quarantine and disinfection within the state, provided that this act shall in nowise conflict with the enforcement of the national quarantine laws. It shall have power to commence and maintain all proper and necessary actions and proceedings for the enforcement of its regulations and for the protection and preservation of the 5 public health and to defend all actions and proceedings involv- ing its powers and duties and in all such actions or proceed- ings it shall sue and be sued under the name of the state board of health. It shall have power to adopt and enforce rules and regu- lations for the execution of its duties under this section. It shall at each biennial session of the legislature make a report with such suggestions as to legislative action as it deems proper. (As amended, Stats. 1905, Ch. CCCXL.) § 2979a. It is the duty of every local board of health, and of each of the members thereof, and of every coroner and other public officer knowing, or having reason to believe, that any case of Asiatic cholera or of bubonic plague or any other contagious or infectious disease exists or has recently existed within the city, city and county, town, township or county of which he is an officer, or of which such local board of health is an official body, to take such measures as may be necessary to prevent the spread of such disease and to at once report such case to the state board of health, which may thereupon take such measures as it may deem necessary to ascertain whether such case of cholera or plague, or any other contagious or infectious disease, exists, or has so existed, and to prevent the further spread of such contagion, and to that end, such state board may, if it deem proper, take possession and control of the body of any living, or the corpse of any deceased, person which is or has been afflicted with either of such diseases, and may direct and take such means as it may deem expedient to arrest the further spread of such disease or diseases. § 2980. The board must examine into and report what, in their best judgment, is the effect of the use of intoxicating liquor as a beverage upon the industry, prosperity, happi- ness, health, and lives of the citizens of the state; also, what legislation, if any, is necessary in the premises. § 2981. The board must meet at the capitol of the state, at least once in every three months. They must elect from their own number a president and a permanent secretary; the latter must reside at the capital, and is their executive officer. No member, except the secretary, receives any com- pensation; but the actual traveling expenses of the members, while engaged in the duties of the board, are allowed, and paid out of the general fund. § 2982. The secretary of the state board of health shall receive an annual salary of $3000.00 and necessary expenses incurred in the performance of his duties. He shall enforce all orders and regulations of the state board of health, and shall vigilantly observe sanitary conditions throughout the state, and take all necessary precautions to protect it in its sanitary relations with other states and countries. He shall keep an accurate record of the proceedings of the state board of health and of his own acts, and shall file a written Duties of boards of health in contagious and infec- tious diseases. To report as to the effect of in- toxicating liquors. Meetings, and elec- tion of officers. Secretary of board. Salary. Duties. 6 report of the same at each regular meeting. (As amended, Stats. 1905, Ch. CCCXL.) § 2983. (Repealed, Stats. 1905, Ch. CCCXL.) § 2984. It shall be the duty of the board of health of each municipality and incorporated town within this state, and of every chief executive health officer thereof, where there is no municipal or town board of health, to enforce within such municipality and incorporated town all orders, rules and regulations concerning health and quarantine pre- scribed or directed by the state board of health; and it shall be the duty of such board of health, or chief executive health officer to report in writing to the state board of health on or before the fifth day of each month all infectious, contagious and communicable diseases in man or beast which shall come to their or his knowledge, upon blanks furnished by the state board of health. Said board of health, or chief executive health officer, where there is no board of health, in cases of local epidemic of disease shall report to the state board of health all facts concerning the disease and the measures taken to prevent or abate its spread, infection or contagion. Said board of health, or chief executive health officer where there is no board of health, shall report to the state board of health all violations of the state health laws, and of the laws relating to the registration of marriages, births and deaths, which shall come to their or his knowledge. (New section, Stats. 1905, Ch. LXXXVI.) Local boards of health to enforce rules made by state board of health. To make monthly reports to state board. ARTICLE V-HEALTH AND QUARANTINE REGULATIONS. § 3059. Boards of supervisors majr adopt Article III. § 3060. Boards of supervisors may adopt Article IV. § 3061. Boards of health established in towns and cities. § 3062. May appoint health officer instead of board. § 3063. Per capita or property tax, how levied. § 3064. Compensation. § 3059. The board of supervisors of any county in which there is a port of entry or harbor, for which there is not otherwise provided health and quarantine regulations, may by an ordinance adopt the whole or any part of the pro- visions of Article III* of this chapter, appoint a board of health, or health officer, locate quarantine grounds when necessary, and provide for the enforcement of health and quarantine regulations. § 3060. In like manner the board of supervisors of any county in which there is an unincorporated city or towm, for which there is not otherwise provided a board of health or health regulations in time of epidemics, or the existence of contagious or infectious diseases, may by an ordinance adopt for such city or town, in whole or in part, the provisions of Boards of supervis- ors may adopt Article III. Boards of supervis- ors may adopt Article IV. *Health and quarantine regulations for the city and harbor of San Francisco, superseded by San Francisco charter. 7 Article IV* of this chapter, for some definite period of time; and appoint therefor a board of health. § 3061. It shall be the duty of the board of trustees, council, or other corresponding board of every incorporated town and city of this state, to establish, by ordinance, a board of health for such town or city, to consist of five persons, one at least of whom shall be a practicing physician and a graduate of some reputable school of medicine, and one, if practicable, a civil engineer. The members of the board shall hold their offices at the pleasure of the appointing power. Every local board of health established in this state must: First-Supervise all matters pertaining to the sanitary condition of their town or city, and make such rules and reg- ulations relative thereto as are necessary and proper, and not contrary to law. Second-Report to the secretary of the state board of health, at Sacramento, at such times as the state board of health may require: (a) The sanitary condition of their locality. (b) The number of deaths, with the cause of each, as near as can be ascertained, within their jurisdiction, during the preceding month. (c) The presence of epidemic or other dangerous, con- tagious, or infectious disease, and such other matters, within their knowledge or jurisdiction, as the state board may require. The trustees, council, or other legislative board, by what- ever name known, of any incorporated city or town of this state may, by ordinance, adopt any portion of Articles III and IV of this chapter, or either of them, for some definite period of time, as may seem proper for the regulation of san- itary matters within their town or city. § 3062. The board of supervisors of each county must appoint, in each incorporated city or town of five hundred or more inhabitants, a health officer, who has all the duties and powers of a board of health and health officer, as specified in this and the two preceding articles. § 3063. All necessary expenses of enforcing this article are charges against the counties, cities, or towns, respectively, for the payment of which the county, city, or town, may levy a per capita tax of not exceeding three dollars, or a property tax of not exceeding one-fourth of one per cent yearly until the same is paid. § 3064. The board of supervisors must fix the salary or compensation of boards of health or health officer, and pro- vide for the expenses of enforcing the provisions of this arti- cle. If the board of supervisors or board of trustees, council, or other corresponding board of any incorporated town, neg- Boards of health es- tablished in towns and cities. May appoint health officer instead of board. Per capita or property tax, how levied. Compensa- tion. * Health and quarantine regulations for the city of Sacramento. 8 lects to provide a board of health or health officer by the first day of July, eighteen hundred and eighty-seven, the state board of health may direct the district attorney of the county to begin an action against such board of supervisors, or board of trustees, or corresponding board, to compel the perform- ance of their duty, or may appoint a board of health, or health officer, with the powers of a board of health, for such town or city, and the expenses of such board of health or health officer shall be a charge against the incorporated city or town for which such appointment shall be made; and when the appointment is made for unincorporated towns, the expenses of the board of health or health officer is a charge against the county. CHAPTER III-REGISTRATION OF VITAL STATISTICS. REGISTRATION OF BIRTHS AND MARRIAGES. § 3074. State bureau of vital statistics. Duty of registrar. § 3075. Statistician, appointment, term of office and salary. § 3076. Registry of marriages performed. § 3077. Registry of births. § 3078. Duty of county recorder and health officer. Report to state registrar. § 3079. Fee of recorder and health officer. § 3080. State registrar to prepare blank form and instructions. § 3081. State registrar may require further information. § 3082. Penalty for failure to perform duty. § 3083. State registrar to furnish certified copy of records, which is prima facie evidence. § 3074. The state board of health shall maintain, at the city of Sacramento, a bureau of vital statistics for the com- plete and proper registration of births, marriages and deaths, for legal, sanitary and statistical purposes, which bureau shall be under the supervision of the secretary of the state board of health, who shall be ex-officio state regis- trar of vital statistics, and whose duty it shall be, after con- sultation with the state board of health, to promulgate and enforce all necessary rules and regulations that may be required to carry out the provisions of this chapter. (As amended, Stats. 1905, Ch. CX.) § 3075. The state board of health shall appoint a com- petent statistician to assist the state registrar of vital sta- tistics and such clerical and professional assistants as may be required for the proper discharge of the duties of said registrar. Said statistician shall also be an assistant to the secretary of the state board of health. The statistician so appointed shall hold office at the pleasure of the board and shall receive an annual salary of eighteen hundred dol- lars payable out of the general fund of the state from money not otherwise appropriated at the time and in the manner in which state officers are paid. The compensation for clerical and professional assistants shall be fixed by the State board of health. Bureau of vital s statistics. State registrar, duty of. Statisti- cian, appoint- ment of. Term of office and salary of statisti- cian. Assistants and clerks. 9 board and shall be payable from its fund for contingent expenses provided in the general appropriation act. (As amended, Stats. 1905, Ch. CX.) § 3076. All persons who perform the marriage ceremony in this state shall within three days after the ceremony file with the county recorder a certificate of registry of the marriage performed by them in such form as may be pre- scribed by the state registrar which shall contain among other matters as near as can be ascertained, the place and date of marriage, sex, race, color, age, name and surname, birthplace, residence of the parties married, number of mar- riage and condition of each, whether single, widowed, or divorced, the occupation of the parties, maiden name of the female, if previously married, the names and birthplace of the parents of each and the maiden name of the mother of each. (As amended, Stats. 1905, Ch. CX.) § 3077. Physicians, midwives, nurses and other persons assisting at a birth shall return in writing within five days thereafter to the county recorder of the county where such birth takes place in such form as may be prescribed by the state registrar a certificate of registry of such birth which shall contain among other matters, the time and place of such birth, name, sex, race and color of the child, the name, residence, age, birthplace and occupation of the parents and the maiden name of the mother, and whether born in or out of wedlock, and such other information as may be required by the state registrar; provided, however, that in cities having a freeholders charter the health officer shall act as local registrar and perform all the duties thereof. In case the child is not named the recorder or registrar of such locality shall deliver to such parent, next of kin, physician, midwife or other person furnishing such certificate of birth a supplementary blank for report of given name, which shall be filled out and returned as soon as the child shall be named. In case there shall be no physician, midwife, or nurse attending at such birth, then, it shall be the duty of the parents of any child born in this state (and if there be no parent alive, then the next of kin of said child) within ten days after such birth to report in writing to the recorder of the county or health officer of cities having a freeholders charter where such birth takes place, in such form as may be prescribed by the state registrar, the date, place and resi- dence, name, sex, race, and color of such child, and the names, residence, birthplace and age of the parents, their occupations, and the maiden name of the mother, and whether born in or out of wedlock, and such other informa- tion required by the state registrar. (As amended, Stats. 1905, Ch. CX.) " § 3078. It shall be the duty of every county recorder to receive without fee or charge each certificate of registry of marriage and birth; provided, however, that in cities having a freeholders charter the health officer shall act as local Registry of marriages performed. Registry of births. Local health offi- cer to act as registrar, when. Registry of births, duty of parent. County recorder, duty of. 10 Duty of health officer. registrar for births, and shall receive, without fee or charge, each certificate of birth and enter the same in the same man- ner as provided for the county recorder; to enter the same in separate registers to be known as the "Register of Mar- riages," and the "Register of Births," in separate columns, properly headed, the various facts contained in the certifi- cates and the name and official or clerical position of the person making the report. The recorder or health officer must carefully examine each report, and register the same marriage, or birth but once, although it may be reported by different persons. The certificates shall be numbered by him and entered in the order in which they are reported to him. On or before the fifth day of each month each recorder, or health officer, shall transmit by United States mail, carefully inclosed in appropriate envelopes or wrappers, addressed to the state registrar at Sacramento, or shall personally deliver to him at his office in Sacramento, on or before the fifth day of each month, the original certificates of births and marriages filed with him during the preceding month, and shall accompany said certificates with a brief statement of the number of such certificates, and the dates of their receipt. The state registrar shall thereupon file said original certificates of marriage and births, and cause the same to be separately and systematically indexed. (As amended, Stats. 1905, Ch. CX.) § 3079. For their services as required by section 3078 of this code, county recorders, or health officers of cities having a freeholders charter, shall, in addition to their compensa- tion for the other duties of their office, be allowed by the board of supervisors, ten cents for each name registered and reported to the state registrar, which sum shall be paid out of the general fund of the county upon warrants issued quarterly and signed by the county auditor and approved by the state registrar, which warrants shall specify the number of certificates of marriages and births properly reg- istered and filed with the state registrar. (As amended, Stats. 1905, Ch. CX.) § 3080. The state registrar shall prepare a sample form and blank for use in registering, recording and preserving the reports of marriages and births, and shall prepare and issue such detailed instructions as may be required to' secure the uniform observance of its provisions and the maintenance of a perfect system of registration, and no other forms of blanks shall be used than those prescribed by the state registrar. Printed blanks in the form pre- scribed by the state registrar for the registration of mar- riages and births shall be furnished to each recorder or health officer by the board of supervisors of each county or city and county in sufficient quantities, and each recorder or health officer shall furnish without charge a sufficient number of copies to each applicant upon whom is imposed Report to state regis- trar by recorder and local health officer. Original certificates of mar- riages and births, filing of. Fee of recorder and health officer. State regis- trar to pre- pare blank form and instruc- tions. Supervis- ors to furnish printed blanks. Recorder and health officer to furnish blanks to applicants. 11 the duty of certifying to a marriage or birth. (As amended, Stats. 1905, Ch. CX.) § 3081. The state registrar shall carefully examine the certificates of marriages and births received monthly from the county recorders or health officers, and if any such are incomplete or unsatisfactory, he shall require such further information to be furnished as may be necessary to make the record satisfactory. All physicians, clergymen, judges, midwives, nurses, parents, or other informants upon whom the duty is imposed of certifying to marriages or births, and all other persons having knowledge of the facts, are required to furnish such information as they may possess regarding any marriage or birth upon demand of the state registrar, in person by mail or through the local recorder. Whenever it may be alleged that the facts are not correctly stated in any certificate of marriage or birth theretofore registered, the county recorder shall require a deposition under oath to be made by the person asserting the fact, to be supported by the depositions of two or more credible persons having knowledge of the facts, setting forth the change necessary to make the record correct. Having received such depositions, he shall file them and shall then draw a line through the incorrect statement or statements in the certificate, without erasing them, and make the neces- sary corrections, noting on the margin of the certificate his authority for so doing, and transmit the deposition, attached to the original certificate, when making his regular monthly returns to the state registrar. If the correction relates to a certificate previously returned to the state registrar, he shall transmit the deposition forthwith to the state registrar. If the correction is first made upon the original certificate on file in the state bureau of vital statistics, the state registrar shall immediately transmit a certified copy of the original certifi- cate, corrected as above, to the county recorder, who shall thereupon substitute such certified copy for the copy of the certificate in his records. All such corrections and marginal notes referring to them shall be legibly written in ink, type- written or printed. (As amended, Stats. 1905, Ch. CX.) § 3082. Any officer or person upon whom a duty is im- posed under this chapter who fails, neglects or refuses to perform any of the duties imposed upon him under this chapter or by the instructions and directions of the state registrar shall be deemed guilty of a misdemeanor and upon conviction shall be punished in the same manner as other misdemeanors provided in the Penal Code. (As amended, Stats. 1905, Ch. CX.) § 3083. The state registrar shall upon request furnish any applicant a certified copy of the record of any marriage or birth registered under the provisions of this chapter, for the making and certification of which he shall be entitled to a fee of fifty cents to be paid by the applicant. Any such copy of the record of a marriage or birth when properly require formation, informa- furnished demand, Deposition ^^facts are not stated, gt°^ected ments. ^naityfor perform duty' furnish copyfiofd records, 12 Certified copy prima facie evidence. certified by the state registrar to be a true copy thereof shall be prim a facie evidence in all courts and places of the facts therein stated. For any search of the files and records when no certified copy is made, the state registrar shall be entitled to a fee of fifty cents for each hour or fractional hour of time of search to be paid by the appli- cant. And the state registrar shall keep a true and correct account of all fees by him received under these provisions and shall deposit all fees with the state treasurer. (As amended, Stats. 1905, Ch. CX.) REGISTRATION OF DEATHS. § 3084. (Repealed, Stats. 1905, Ch. CX. Superseded by Stats. 1905, Chs. CXIX and CCCXLVI.) Statutes 1905, Chapter CXIX. Sec. 1. State bureau of vital statistics. Sec. 2. State divided into districts for registration of deaths. Sec. 3. Registrars of districts. Deputy local registrar. Sub- registrars. Sec. 4. Permit from local registrar before burial. Sec. 5. Stillborn children registered as deaths. Sec. 6. Certificate of death. Contents. Sec. 7. In case death occurs without medical attendance. Sec. 8. Undertaker responsible for certificate of death. Sec. 9. Local registrar to supply blanks. Duty of local registrar. Sec. 10. If interment be made in district where death occurred, duty of registrar. Sec. 11. Duty of sexton or other person in charge of burial ground. Sec. 12. State registrar to prepare blank forms for all registrars. Index of deaths. Sec. 13. Corrections in certificate, how made. Sec. 14. Fee of local registrar. Sec. 15. State registrar to furnish certified copy of records. Fees. Sec. 16. Physicians and undertakers to register with local, registrar. Sec. 17. Penalties for neglect by attending physician, undertaker, registrars and violation of act by common carrier. Sec. 18. Local registrars charged with the enforcement of law. Statutes 1905, Chapter CCCXLVI. Sec. 1. Duties of city clerk and recorder in relation to registration of deaths, etc. Statutes 1905, Chapter CXIX.-An act for the registration of deaths, the issuance and registration of burial and disin- terment permits and the establishment of registration dis- tricts in counties, cities and counties, cities and incorporated towns, under the superintendence of the state bureau of vital statistics and prescribing the powers and duties . of registrars, coroners, physicians, undertakers, sextons and other persons in relation to such registration and fixing penalties for the violation of this act. [Approved March 18, 1905.] The people of the State of California, represented in senate and assembly, do enact as follows: Section 1. That department of the state board of health known as the state bureau of vital statistics shall provide for and superintend the complete and proper registration of deaths for legal, sanitary and statistical purposes. State bureau of vital statistics. 13 Sec. 2. That for the purposes of this act the state shall be divided into registration districts as follows: Each city and county, city, and incorporated town, and each county exclu- sive of the portion included within cities and incorporated towns, shall constitute a primary registration district. Sec. 3. That the recorder of each city and county, county, and the clerk of each city or incorporated town, shall be the local registrar in and for such primary registration district and shall perform all such duties of local registrar as hereinafter provided; provided however, that in cities having a freeholders charter the health officer shall act as local registrar and perform all the duties thereof. Each local registrar shall immediately appoint in writing, a deputy who shall be authorized to act in his stead in case of absence, death, illness or disability and when it may appear neces- sary for the convenience of the people in any county, the local registrar is hereby authorized with the approval of the state registrar of vital statistics to appoint one or more proper and competent persons to act as subregistrars, who shall be authorized to receive certificates of death and to issue burial permits or removal permits in and for such portions of the county as may be designated. Each subreg- istrar shall note in legible writing over his signature the date each certificate of death was filed, and shall forthwith forward the certificate to the local registrar of the county, and in all cases before the eighth day of the following month; provided, that all subregistrars shall be subject to the supervision and Control of the state registrar of vital statistics. Sec. 4. That the body or remains of no person whose death occurs in the state shall be interred, deposited in a vault, grave or tomb, cremated, disinterred or otherwise disposed of, or removed from or into any registration dis- trict until a permit for burial, disinterment or removal shall have been properly issued by the registrar of the regis- tration district in which the death occurs. And no such burial or removal permit shall be issued by any registrar until a complete and satisfactory certificate and return of the death has been filed with him, as hereinafter required; provided that in case of any death outside of the state, where the body is accompanied by a removal or transit permit issued in accordance with the law and the health regulations in force where the death occurred, such removal or transit permit shall be accepted as of the same authority as a permit from the local registrar when such removal or transit permit shall have indorsed thereon the written approval of the state registrar of vital statistics, or when said state registrar otherwise officially notifies the local registrar of his approval. Sec. 5. Stillborn children, or those dead at birth, shall be registered as deaths under this act, and a certificate of death and burial or removal permit in usual form shall be required. The medical certificate of cause of death shall be signed by State divided into dis- tricts for registra- tion of deaths. Registrars of dis- tricts. Deputy local registrar. Subregis- trars. Permit from local registrar before burial. Certificate and return of death filed. When death oc- curs out- side of state. Stillborn children registered as deaths. 14 the attending physician or midwife, and shall state the cause of death as "stillborn," with the cause of the stillbirth, if known, whether a premature birth, and, if born prematurely, the period of utero-gestation in months, if known. Sec. 6. That the certificate of death shall be of the stand- ard form recommended by the United States Census Office and the American Public Health Association, and shall con- tain the following items: (1) Place of death, including state, county, township or town, city or village. If in a city, the ward, street, and house number. If in a hospital or other institution, the name of the same to be given instead of the street and house number. (2) Full name of decedent. If an unnamed child the surname, preceded by "unnamed." (3) Sex. (4) Color or race-as white, black (negro or negro de- scent), Indian, Chinese, Japanese, or other. (5) Conjugal condition-as single, married, widowed, or divorced. (6) Date of birth, including the year, month, and day. (7) Age, in years, months, and days. (8) Place of birth; state or foreign country. (9) Name of father. (10) Birthplace of fathe?; state or foreign country. (11) Maiden name of mother. (12) Birthplace of mother; state or foreign country. (13) Occupation; the occupation to be reported of any person who had any remunerative employment-women as well as men. (14) Signature and address of informant. (15) Date of death, including the year, month, and day. (16) Statement of medical attendance on decedent, fact and time of death, including the time last seen alive. (17) Cause of death, including the primary and immediate causes, and contributory causes or complications, if any, and the duration of each. (18) Signature and address of physician or official making the medical certificate. (19) Special information concerning deaths in hospitals and institutions and of persons dying away from home, including the former or usual residence, length of time at place of death, and place where the disease was contracted. (20) Place of burial or removal. (21) Date of burial or removal. (22) Signature and address of undertaker. (23) Official signature of registrar with date when cer- tificate was filed and registered number. The certificate shall be written legibly in permanent black ink, typewritten or printed, and no certificate shall be held to be complete and correct that does not supply all of the items of information specified above or satisfactorily account for the omission of any of said items. Certificate of death. Contents. How made out. 15 The personal and statistical particulars (items 1 to 13) or such other items as shall be required by the state registrar shall be authenticated by the signature of the informant, who may be any competent person acquainted with the facts. The statement of facts relating to the disposition of the body shall be signed by the undertaker or person acting as such. The medical certificate shall be made and signed by the physician, if any, last in attendance on the deceased, who shall specify the time in attendance, the time he last saw the deceased alive, and the hour of the day at which death occurred. He shall further state the cause of death so as to show the course of disease or sequence of causes result- ing in death, giving the primary and immediate causes, and contributing causes, if any, and the duration of each. Indefinite and unsatisfactory terms indicating only symp- toms of disease or conditions resulting from disease will not be held sufficient for issuing a burial or removal permit, and any certificate containing only such terms, as defined by the state registrar, shall be returned to the physician for correction or definition. Causes of death which may be the result of either disease or violence shall be carefully defined; and, if from violence, its nature shall be stated, and whether accidental, suicidal or homi- cidal. For cause of deaths in hospitals, institutions, or away from home, the physician shall furnish the information required under this head, and shall state where, in his opinion, the disease was contracted. The cause of death and all other facts required shall in all cases be stated in accordance with the instructions and directions of the state registrar. Sec. 7. In case of any death occurring without medical attendance, it shall be the duty of the undertaker to notify the registrar of such death, and when so notified the regis- trar shall refer the case to the coroner for his investigation and certification, and the coroner shall within three days after the inquest furnish the local registrar where such death occurs a certificate in form and substance as required by the state registrar and containing as many of the facts required by this act as can be ascertained. Said local regis- trar shall then forthwith transmit such certificate to the state registrar, retaining a copy thereof on file in his office. Sec. 8. The undertaker, or person acting as undertaker, shall be responsible for obtaining and filing the certifi- cate of death with the registrar and securing a burial or removal permit prior to any disposition of the body. He shall obtain the personal and statistical particulars required from the person best qualified to supply them over the signa- ture and address of his informant. He shall then present the certificate to the attending physician, if any, or to the health officer or coroner, as directed by the registrar, for the medical certificate of the cause of death and other par- Authenti- cation of. Under- taker to sign. Medical certificate, by whom signed. Contents of cer- tificate. Cause of death carefully defined. In case death occurs without medical at- tendance. Dutyof un- dertaker. Duty of coroner. Duty o local registrar. Under- taker re- sponsible for cer- tificate of death. Dutyof un- dertaker. 16 ticulars necessary to complete the record, as specified in the preceding section. And he shall then state the facts required relative to the date and place of burial over his signature and with his address, and present the completed certificate to the registrar within the time limit, if any, designated by the local board of health for the issuance of a burial or removal permit. The undertaker shall deliver the burial permit to the sexton or person in charge of the premises before interring the body, or attach it to the box containing the corpse, when shipped by any transportation company, to accompany same to destination, when it shall be accepted by the sexton as authority for the interment of the body. Sec. 9. It shall be the duty of the local registrar to sup- ply blank forms of certificates to such persons as require them. He shall carefully examine each certificate when pre- sented for record to see that it has been made out in accord- ance with the provisions of this act and the instructions of the state registrar, and if any certificate is incomplete or unsatisfactory it shall be his duty to call attention to the defects in the return and to withhold issuing the burial or removal permit until they are corrected. He shall then number them in consecutive order, beginning with number one for the first death in each calendar year, and sign his name as registrar in attest of the date of filing in his office. If the certificate is properly executed and complete, he shall then issue a burial or removal permit to the undertaker: provided, that in case the death occurred from some disease that is held by the state board of health to be infectious, contagious, or communicable and dangerous to the public health, no permit for the removal or other disposition of the body shall be granted by the registrar except under such conditions as may be prescribed by the state and local boards of health. He shall also make a complete and accurate copy of each certificate registered by him, upon a form identical with the original certificate, to be filed and permanently preserved in his office as the local record of such death, in such manner as directed by the state registrar. He shall, on or before the eighth day of each month, transmit to the state registrar all original certificates registered by him during the preceding month. If no deaths occurred in any month he shall, on or before the eighth day of the following month, report that fact to the state registrar in such manner as the state registrar shall direct. Sec. 10. If the interment, or other disposition of the body is to be made in the registration district in which the death occurred, the wording of the burial permit may be limited to a statement by the registrar, and over his signature, that a satisfactory certificate of death having been filed with him as required by law, permission is granted to inter, remove, or otherwise dispose of the body of the deceased, stating the name, age, sex and cause of death and other neces- sary details upon the form prescribed by the state registrar. Local registrar to supply blanks. Duty of local registrar. In case of death from conta- gious, etc., diseases. If inter- ment be made in district in which death occurred, duty of registrar. 17 In case the interment, or other disposition of the body, is to be made in some registration district other than that in which the death occurred, a complete copy of the certificate of death shall be attached to and made a part of the permit. Sec. 11. No sexton or person in charge of any premises in which interments are made shall inter or permit the interment of any body unless it is accompanied by a burial, removal, or transit permit as herein provided. Each sexton or person in charge of any burial ground shall indorse upon the permit the date of interment, over his signature, and shall return all permits, so indorsed, to the local registrar of his district within one day from the date of interment. He shall also keep a record of all interments made in the premises under his charge, stating the name of the deceased person, place of death, date of burial, and name and address of the under- taker, which record shall at all times be open to public inspection. Sec. 12. The state registrar shall prepare a sample form and blank for all registrars for use in registering, recording and preserving the returns or in otherwise carrying out the purposes of this act, and shall prepare and issue such detailed instructions as may be required to secure the uniform observ- ance of its provisions and the maintenance of a perfect system of registration. No other forms of blanks shall be used than those prescribed by the state registrar. He shall carefully examine the certificates received monthly from the local registrars, and if any such are incomplete or unsatis- factory he shall require such further information to be fur- nished as may be necessary to make the record satisfactory. All physicians, informants, or undertakers connected with the case, and all other persons having knowledge of the facts, are hereby required to furnish such information as they may possess regarding any death, upon demand of the state registrar, in person, by mail, or through the local registrar. He shall further arrange, bind and permanently preserve the certificates in a systematic manner, and shall prepare and maintain a comprehensive index of all deaths registered, showing the name of deceased, place and date of death, number of certificate, and the volume in which it is con- tained. He shall inform all registrars what diseases are to be considered as infectious, contagious, or communicable, and dangerous to the public health, as decided by the state board of health, in order that when deaths occur from such diseases proper precautions may be taken to prevent the spreading of dangerous diseases, and all rules and regula- tions made by him for carrying out and enforcing the pur- poses of this act shall, when promulgated, have the same force and effect as if enacted by law. Sec. 13. Whenever it may be alleged that the facts are not correctly stated in any certificate of death theretofore registered, the local registrar shall require a deposition under oath to be made by the person asserting the fact, to be sup- Duty of sexton or other per- son in charge of burial ground. State regis- trar to pre- pare blank forms for all registrars. No other forms of blanks to be used. Informa- tion to be furnished local reg- istrar, by whom. Index of deaths. Deposi- tion taken, when. 18 When facts are not correctly stated. ported by the depositions of two or more credible persons having knowledge of the facts, setting forth the changes necessary to make the record correct. Having received such depositions, he shall file them and shall then draw a line through the incorrect statement or statements in the certifi- cate, without erasing them, and make the necessary correc- tions, noting on the margin of the certificate his authority for so doing, and transmit the deposition, attached to the original certificate, when making his regular monthly returns to the state registrar. If the correction relates to a certifi- cate previously returned to the state registrar, he shall transmit the deposition forthwith to the state registrar. If the correction is first made upon the original certificate on file in the state bureau of vital statistics, the state registrar shall transmit a certified copy of the original certificate, corrected as above, to the local registrar, who shall there- upon substitute such certified copy for the copy of the certificate in his records. All such corrections and marginal notes referring to them shall be legibly written in ink, type- written or printed. Sec. 14. Each local registrar shall be entitled to be paid the sum of not exceeding twenty-five cents for each death certificate properly and completely made out and registered with him, and by him returned to the state registrar on or before the eighth day of the following month, which sum shall cover and include the making out of the burial permit and the copy of the certificate to be filed and preserved in his office. And in case no deaths were registered during any month, the local registrar shall be entitled to a sum not ex- ceeding twenty-five cents for each report to that effect, promptly made in accordance with the directions of the state registrar: provided, however, that all such compensation for such services shall be fixed by the board of supervisors, city council, or other governing body of such local registra- tion district. All amounts payable to registrars under the provisions of this act shall be paid by the treasurer or other lawful officer, out of the funds of each registration district, upon warrants drawn by the local auditor or other proper local officer of such district, which warrants shall specify the number of certificates properly registered and reports promptly returned where no deaths are registered, with the amount due for each: provided, however, that no war- rant shall be issued to any local registrar, or, if issued, shall be paid where notice is previously given by the state regis- trar to the auditor, treasurer or other proper officer of such registration district that the local registrar has failed to comply with the rules and regulations of the state bureau of vital statistics and the instructions of the state registrar. Sec. 15. The state registrar shall, upon receipt, furnish any applicant a certified copy of the record of any death registered under provisions of this act, for the making and certification of which he shall be entitled to a fee of fifty Filing of deposi- tions. Correc- tions in certificate, how made. Fee of local registrar. Compensa- tion of local registrar, how fixed. How paid. State regis- trar to furnish certified copy of records. 19 cents, to be paid by the applicant. And any such copy of the record of a death, when properly certified by the state registrar to be a true copy thereof, shall be prima facie evi- dence in all courts and places of the facts therein stated. For any search of the files and records, when no certified copy is made, the state registrar shall be entitled to a fee of fifty cents for each hour or fractional hour of time of search to be paid by the applicant. And the state registrar shall keep a true and correct account of all fees by him received under these provisions, and turn the same over to the state treasurer. Sec. 16. Every physician and undertaker, residing in, at the date of this act or thereafter establishing a residence in, any registration district, shall forthwith register his or her name, address, and occupation, with the local registrar of the district in which he or she resides, and they shall there- upon be furnished by the registrar a copy of this act and such rules, regulations, and instructions as may be prepared by the state registrar with relation to their duties under this act. Sec. 17. If any physician who was in medical attendance upon any deceased person at the time of death shall neglect or refuse to make out and deliver to the undertaker, sexton, or other person in charge of the interment, removal, or other disposition of the body, upon request, the medical certificate of cause of death hereinbefore provided for, or shall willfully or knowingly make a false certification of the cause of death in any case, he shall be deemed guilty of a misdemeanor. If any undertaker, sexton, or other person acting as undertaker shall inter, remove, or otherwise dis- pose of the body of any deceased person without having received a burial or removal permit as herein provided, he shall be deemed guilty of a misdemeanor. Any registrar, deputy registrar or subregistrar who shall neglect or fail to enforce the provisions of this act in his district, or shall neglect or refuse to perform any of the duties imposed upon him by this act or by the instructions and directions of the state registrar, shall be deemed guilty of a misdemeanor. And any person or persons who shall violate any of the pro- visions of this act, or shall willfully neglect or refuse to perform any duties imposed upon them by the provisions of this act, shall be deemed guilty of a misdemeanor. Any transportation company or common carrier transporting or carrying, or accepting through its agents or employes for transportation or carriage, the body of any deceased person without an accompanying permit, issued in accordance with the provisions of this act, shall be deemed guilty of a misde- meanor, and upon conviction thereof shall be fined not less than fifty nor more than two hundred dollars. Fee for cer- tified copy. Fee for search of records. Physicians and under- takers to register with local registrars. Rules furnished by local registrars. Neglect of attending physician; penalty. Neglect of under- taker, etc.; penalty. Neglect of registrars; penalty. Violation of this act; penalty. Viola- tion by common carrier; penalty. 20 Local registrars charged with the enforce- ment of law. Sec. 18. Local registrars are hereby charged with the strict and thorough enforcement of the provisions of this act in their districts under the supervision and direction of the state registrar. They shall make an immediate report to the state registrar of any violations of this law coming to their notice by observation or upon complaint of any person or otherwise. The state registrar shall have authority to investigate cases of irregularity or violation of law, person- ally or by accredited representative, and all registrars shall aid him, upon request, in such investigations. When he shall deem it necessary, he shall report cases of violation of any of the provisions of this act to the prosecuting attorney or other proper officer of the county or municipality, with a statement of the facts and circumstances, and when any such case is reported to them by the state registrar all prose- cuting attorneys or officials acting in such capacity shall rjrthwith initiate and promptly follow up the necessary court proceedings against the parties responsible for the alleged violations of law. Sec. 19. All acts and parts of acts in conflict or incon- sistent with the provisions of this act are hereby repealed. Statutes 1905, Chapter CCCXLVL-An act to amend Chapter 1 of an act entitled "An act to provide for the organization, incorporation and government of municipal corporations," approved March 13, 1883, and acts amend- atory thereof, by adding a new section thereto, to be num- bered section 9, relating to the powers and duties of city clerks and city recorders, respecting the registration of deaths and the issuance and registration of burial and dis- interment permits. [Approved March 20, 1905.] The people of the State of California, represented in senate and assembly, do enact as follows: Section 1. Chapter I of an act entitled "An act to pro- vide for the organization, incorporation and government of municipal corporations" approved March 13, 1883, and acts amendatory thereof, is hereby amended by adding a new sec- tion thereto, to be numbered section 9 thereof, to read as follows: Section 9. The city clerk of each municipal corporation and the city recorder of each municipal corporation where there is no city clerk shall have the powers and shall perform the duties of a registrar within such municipality which are prescribed and required by the provisions of an act entitled, "An act for the registration of deaths, the issuance and reg- istration of burial and disinterment permits, and the establish- ment of registration districts in counties, cities and counties, cities, and incorporated towns, under the superintendence of the state bureau of vital statistics and prescribing the powers Municipal Corpora- tions. City clerk and recorder, duties of in relation to registra- tion of deaths,etc. 21 and duties of registrars, coroners, physicians, undertakers, sextons and other persons in relation to such registration and fixing penalties for the violation of this act." Sec. 2. All acts and parts of acts in conflict or inconsist- ent with this act are hereby repealed. Sec. 3. This act shall take effect March 31st, 1905. PENAL CODE. Part I-Of Crimes and Punishments. TITLE X-OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY. § 374. Putting dead animals in streets, rivers, etc. § 377. Willful violation of registration and health laws. § 377a. Violation of rules of state board of health relating to quaran- tine, etc. § 3776. Violation of rules of state board of health relating to pollution of water. § 377c. Violation of rules of state board of health relating to pollu- tion of ice. § 378. Neglecting to perform duties under state law. § 401a. Cubic feet of space in rooms. § 374. Every person who puts the carcass of any dead animal, or the offal from any slaughter-pen, corral, or butcher shop, into any river, creek, pond, reservoir, stream, street, alley, public highway, or road in common use, or who attempts to destroy the same by fire within one fourth of a mile of any city, town, or village, except it be in a crematory, the con- struction and operation of which is satisfactory to the board of health of such city, town, or village; and every person who puts any water-closet or privy, or the carcass of any dead animal, or any offal of any kind, in or upon the borders of any stream, pond, lake, or reservoir from which water is drawn for the supply of the inhabitants of any city, city and county, or any town, in this state, so that the drainage from such water-closet, privy, carcass, or offal may be taken up by or in such stream, pond, lake, or reservoir; or who allows any water-closet or privy, or carcass of any dead animal, or any offal of any kind, to remain in or upon the borders of any such stream, pond, lake or reservoir within the boundaries of any land owned or occupied by him, so that the drainage from such water-closet, privy, carcass, or offal may be taken up by or in such stream, pond, lake, or reservoir; or who keeps any horses, mules, cattle, swine, sheep, or live stock of any kind, penned, corraled, or housed on, over, or on the borders of any such stream, pond, lake, or reservoir, so that the waters thereof become polluted by reason thereof; or who Putting dead ani- mals in streets, rivers, etc. 22 bathes in any such stream, pond, lake, or reservoir; or who by any other means fouls or pollutes the waters of any such stream, pond, lake, or reservoir, is guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section three hundred and seventy-seven. (As amended, Stats. 1905, Ch. DLXXIII.) § 377. Every person who is charged with a duty relat- ing to the registration of deaths, under chapter three, title seven, of the act to establish a Political Code, approved March twelfth, 1872, and amended March 18 and 20, 1905 (Stats. 1905, Chs. CX, CXIX and CCCXLVI), who- 1. Willfully fails to keep a registry of the name, age, resi- dence, and time of death of a decedent; or, 2. Willfully fails to register with the county recorder a certified copy of such register, as is provided for in said chapter; or, 3. Willfully inters, cremates, or otherwise disposes of any human body, in any city, county, or city and county, with- out having first obtained a permit, as provided for in said chapter; or, 4. Willfully grants a permit for the interment, cremation, or disposition of a dead human body, without the certificate provided for in said chapter; or, 5. Willfully violates any of the laws of this state relating to the preservation of the public health; Is guilty of a misdemeanor, and is, unless a different pun- ishment for such violation is prescribed by this code, punish- able by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment. § 377a. Every person who after notice shall violate, or who, upon the demand of any public health officer, shall refuse or neglect to conform to any rule, order or regulation prescribed by the state board of health respecting the quar- antine, or disinfection of persons, animals, things or places, shall be guilty of a misdemeanor. (New' section, Stats. 1905, Ch. CXLIV.) § 3776. Any person who shall violate or refuse or neglect to conform to any sanitary rule, order or regulation prescribed by the state board of health for the prevention of the pollution of springs, streams, rivers, lakes, wells, or other w'aters used or intended to be used for human or animal con- sumption shall be guilty of a misdemeanor. (New7 section. Stats. 1905, Ch. CXXXV.) § 377c. Any person who shall violate, or refuse, or neglect, to conform to any sanitary rule, order or regulation prescribed by the state board of health for the prevention of the pollution of ice or the sale or disposition of polluted ice offered, kept or intended for public use or consumption, shall be guiltv of a misdemeanor. (New section, Stats. 1905, Ch. CXXXVI.) Willful violation of regis- tration and health laws. Violation of rules of state board of health relating to quaran- tine, etc. Violation of rules of state board of health relating to pollution of water. Violation of rules of state board of health relating to pollution of ice. 23 § 378. Every person charged with the performance of any duty under the laws of this state relating to the preser- vation of the public health, who willfully neglects or refuses to perform the same, is guilty of a misdemeanor. § 401a. Every person who owns, leases, lets, or hires to any person any room in any building, house, or other struc- ture. within the limits of any incorporated city, or city and county, for the purpose of a lodging or sleeping apartment, which room or apartment contains less than five hundred cubic feet of space in the clear for each person occupying such room or apartment, and every person found sleeping or lodging in, or who hires or uses for the purpose of sleeping or lodging in any room or apartment which contains less than five hundred cubic feet of space in the clear for each person so occupying such room or apartment, is guilty of a misde- meanor. (New section, Stats. 1905, Ch. DLXXIII.) toeperCtins health law. rooms, GENERAL LAWS. HYGIENIC LABORATORY. Statutes 1905, Chapter CCXXIII. Sec. 1. State board of health to manage hygienic laboratory. Sec. 2. Apparatus, etc., how purchased. Sec. 3. Director of laboratory, qualifications. Sec. 4. Appropriation. Statutes 1905, Chapter CCXXIII.-An act to establish and maintain a state hygienic laboratory for bacteriological and chemical analysis for the use of the state board of health, providing for the appointment of a director thereof, and assistants; making an appropriation therefor and prescribing the duties of the state controller and state treasurer in- relation thereto. [Approved March 18, 1905.] The people of the State of California, represented in senate and assembly, do enact as follows: Section 1. There shall be established and maintained at the University of California at Berkeley, for the use of the state board of health, a state hygienic laboratory for bac- teriological and chemical analyses, which shall be under the management of the state board of health. Sec. 2. The regents of the University of California shall from the money hereby appropriated, purchase suitable equipments, apparatus, chemicals and supplies for the main- tenance of such laboratory in the existing laboratories of the University of California at Berkeley. State hoard of health to manage hygienic laboratory. Apparatus, etc., how purchased. 24 Director of laboratory, qualifi- cations. Sec. 3. The regents of the University of California shall appoint a director of said laboratory from the existing instructing staff of the university. Said director shall be a skilled bacteriologist and chemist and shall have general supervision of the performance of all duties required by the state board of health. The regents of the University of Cali- fornia, shall appoint one or more assistants, whose time shall be exclusively devoted to the work designated by the state board of health, under the supervision of the director of the laboratory. Sec. 4. The sum of four thousand dollars ($4,000) is hereby appropriated out of any money in the state treasury not otherwise appropriated, for salaries and for the purchase of equipment, apparatus, chemicals and supplies for the main- tenance of said laboratory, and of the office expenses in con- nection with the same. Of the amount herein appropriated, the sum of two thousand dollars ($2,000) shall be available during the fiscal year nineteen hundred and five and nineteen hundred and six; and two thousand dollars ($2,000) during the fiscal year nineteen hundred and six and nineteen hun- dred and seven. Sec. 5. The state controller is hereby authorized to draw his warrants, for the sums herein appropriated, in favor of the treasurer of the regents of the University of California, and the state treasurer is hereby directed to pay the same. Appoint- ment of assistants. Appropri ation. VACCINATION LAW. Statutes 1889, Chapter XXIV. Sec. 1. Exclusion of children from schools unless vaccinated. Sec. 2. Notice by school trustees. Sec. 3. List of children not vaccinated. Sec. 4. Expenses for, how paid. Sec. 5. Annual report of trustees. Statutes 1889, Chapter XXIV.-An act to encourage and provide for a general vaccination in the State of Cali- fornia. [Approved February 20, 1889.] The people of the State of California, represented in senate and assembly, do enact as follou's: Section 1. The trustees of the several common school districts in this state, and boards of common school govern- ment in the several cities and towns, are directed to exclude from the benefits of the common schools therein any child or any person who has not been vaccinated, until such time when said child or person shall be successfully vaccinated; provided, that any practicing and licensed physician may certify that the child or person has used due diligence and cannot be vaccinated so as to produce a successful vaccina- Exclusion of children from schools unless vac- cinated. 25 tion, whereupon such child or person shall be excepted from the operation of this act. Sec. 2. The trustees or local boards, annually, or at such special times to be stated by the state board of health, must give at least ten days' notice, by posting a notice in two or more public or conspicuous places within their jurisdiction, that provision has been made, for the vaccination of any child of suitable age who may desire to attend the common schools, and whose parents or guardians are pecuniarily or otherwise unable to procure vaccination for such child. Sec. 3. The said trustees or board must, wdthin sixty days after the passage of this act, and every year thereafter, ascertain the number of children or persons in their respec- tive school districts, or subdivision of the city school govern- ment, being of an age suitable to attend common schools, who have not been already vaccinated, and make a list of the names of all such children or persons. It also shall be the duty of said trustees or board to provide, for the vaccination of all such children or persons in their respective school dis- tricts, a good and reliable vaccine virus wherewith to vac- cinate such children or persons who have not been vaccinated. And wThen so vaccinated to give a certificate of vaccination, which certificate shall be evidence thereof for the purpose of complying with section one. Sec. 4. The necessary expenses incurred by the provisions of this act shall be paid out of the common school moneys apportioned to the district, city, or town. And if there be not sufficient money, the trustees must notify the board of supervisors of the amount of money necessary, and the board must, at the time of levying the county tax, levy a tax upon the taxable property in the district sufficient to raise the amount needed. The rate of taxation is ascertained by deducting fifteen per cent for delinquencies from the assess- ment, and the rate must be based upon the remainder. The tax so levied must be computed and entered upon the assess- ment roll by the county auditor, and collected at the same time and in the same manner as state and county taxes, and when collected shall be paid into the county treasury for the use of the district. Sec. 5. The trustees of the several school districts of this state are hereby required to include in their annual report, and report to the secretary of the state board of health, the number in their several districts between the ages of five and seventeen years who are vaccinated and the number unvac- cinated. Sec. 6. This act shall take effect immediately. Notice by school trustees. List of children not vac- cinated. Vaccine virus to be supplied. Expenses for, how paid. Rate of taxation, how ascer- tained. Annual report of trustees.