CHAPTER III. THE PUBLIC HEALTH. PART I. Local Boards of Health. PART II. Potable Waters. PART I. LOCAL BOARDS OF HEALTH. L. 1883, ch. 661, "The Public Health Law," being chapter XXV of "The General Laws." SECTION 20. Local boards of health. 21. General powers and duties of local boards of health. 22. Vital statistics. 23. Burials and burial permits. 24. Contagious and infectious diseases. 25. Nuisances. 26. Removal of nuisances. 27. Expense of abatement of nuisances a lien upon the premises. 28. Manufactures in tenement houses and dwellings. 29. Jurisdiction of town and village boards. 30. Expense, how paid. 31. Mandamus. 32. Exceptions and limitations as to cities of New York, Brooklyn, Buffalo, Albany and Yonkers. 200. Vaccination of school children. 201. Appointment of physician. LAWS OF 1896, CHAPTER 873. AMBULANCE SYSTEM. § 20. Local boards of health. There shall continue to be local boards of health and health officers in the several cities, villages and towns of the state. In the cities, except New York, Brooklyn, Buffalo, Albany and Yonkers, the board shall consist of the mayor of the city, who shall be its president, and, at least six other persons, one of whom shall be a competent physician, who shall be appointed by the common council, upon the nomination of the mayor, and shall hold office for three years. Appointments of members of such boards shall be made for such shorter terms as at any time may be necessary, in order that the terms of two appointed members shall expire annually. The board shall appoint a competent physician, not one of its members, to be the health officer of the city. In villages the board shall consist of not less than three nor more than seven persons, not trustees of the village, who shall be appointed at the first meeting of the board of trustees of such village after the next annual election of the village; the members of said board of health shall at their first meeting divide themselves by lot into three classes, whose terms of office shall expire respectively in one, two and three years from the annual election held prior to their appointment; from and after the appointment of said board, as above provided, the appointment of the successors of said members shall be made immediately after the annual elections of said village, and shall continue in office until their successors are appointed unless removed therefrom; provided, however, that upon failure to appoint such board of health at such first meeting such appointment may be made at any subsequent meeting in the event of no appointment having been made by the County Judge as hereinafter provided. Every such village board shall elect a president and appoint a competent physician, not a member of the board, to be the health officer of the village. In towns the board of health shall consist of the town board and another citizen of the town of full age, biennially appointed by the town board at a meeting thereof after each biennial town meeting for the term of two years from and after such town meeting and until his successor is appointed. Such board of health shall annually appoint a competent physician, resident of the town, to be the health officer of the town. If the proper authorities shall not fill any vacancies occurring in any local board within thirty days after the happening of such vacancy, the county judge of the county shall appoint a competent person to fill the vacancy for the unexpired term, which appointment shall be immediately filed in the office of the county clerk. Notice of the membership and organization of every local board of health shall be forthwith given by such board to the state board of health. The term "municipality," when used in this article means the city, village or town for which any such local board may be or is appointed. (As amended by L. 1895, ch. 584, and ch. 339, Laws 1902.) § 21. General powers and duties of local boards of health. Every such local board of health shall meet at stated intervals to be fixed by it, in the municipality. The presiding officer of every such board may call special meetings thereof where, in his judgment, the protection of the public health of the municipality requires it, and he shall call such meeting upon the petition of at least twenty-five residents thereof, of full age, setting forth the necessity of such meeting. Every such local board shall prescribe the duties and powers of the local health officer, who shall be its chief executive officer, and direct him in the performance of his duties, and fix his compensation. Every such local board shall make and publish from time to time all such orders and regulations as they may deem necessary and proper for the preservation of life and health, and the execution and enforcement of the public health law in the municipality. It shall make without publication thereof, such orders and regulations for the suppression of nuisances, and concerning all other matters in its judgment detrimental to the public health in special or individual cases, not of general application, and serve copies there of upon the owner or occupant of any premises whereon such nuisance or other matters may exist, or post the same in some conspicuous place thereon. It may employ such persons as shall be necessary to enable it to carry into effect its orders and regulations, and fix their compensation. It may issue subponas, compel the attendance of witnesses, administer oaths to witnesses and compel them to testify, and for such purposes it shall have the same powers as a justice of the peace of the State in a civil action of which he has jurisdiction. It may designate by resolution one of its members to sign and issue such subpoenas. No subpoena shall be served outside the jurisdiction of the board issuing it, and no witness shall be interrogated or compelled to testify upon matters not related to the public health. It may issue warrants to any constable or policeman of the municipality to apprehend and remove such persons as cannot otherwise be subjected to its orders or regulations, and a warrant to the sheriff of the county to bring to its aid the power of the county whenever it shall be necessary to do so. Every warrant shall be forthwith executed by the officer to whom directed, who shall have the same powers and be subject to the same duties in the execution thereof as if it had been duly issued out of a court of record of the State. Every such local board may prescribe and impose penalties for the violation of or failure to comply with any of its orders or regulations, not exceeding one hundred dollars for a single violation or failure, to be sued for and recovered by it in the name and for the benefit of the municipality; and to maintain actions in any court of competent jurisdiction to restrain by injunction such violations, or otherwise to enforce such orders and regulations. (As amended by L. 1895, ch. 203). (Whenever such local board of health in any incorporated village shall deem the sewers of such village insufficient to properly and safely sewer such village and protect the public health, it shall certify such fact in writing to the board of trustees of such village, stating and recommending what additions or alterations should in the judgment of such board of health be made with its reasons therefor, and thereupon such board of trustees shall immediately convene and consider such recommendation, and if approved by such board of trustees, the same shall be certified to the state board of health for its approval, and if such recommendations shall be approved by the state board of health, it shall be the duty of the board of trustees of such village to forthwith make such additions to or alterations in the sewers of such village and execute such recommendations and the expenses thereof shall be paid for by said village in the same manner as other village expenses are paid and said village is hereby authorized to raise such sum as may be necessary for the payment of the expenses incurred, as herein provided, in addition to the amount such village is now authorized to raise by law for corporation purposes, and such board of trustees shall have the right to acquire such lands, rights of way, or other easements, by gift, or purchase, or in case the same can not be acquired by purchase the board of trustees may acquire the same by condemnation in the manner provided by law.) Section twenty-one of chapter twenty-five of the general laws, known as "the public health law," was amended by adding at the end thereof the above paragraph. L. 1895, ch. 928. By section twenty-one of the public Health Law the board of health is authorized to make and publish orders and regulations for the suppression of nuisances. It is also authorized to carry into effect and execute the Public Health Law in the municipality and to suppress nuisances. To carry into effect the orders and regulations which it may make, the board is authorized to employ such persons as shall be necessary for the purpose and to fix their compensation. It is not necessary that an order or regulation be made by the board before such employment can be legally made. It is quite evident that in order to properly discharge its duties and examination and determination of the specific conditions must be made before it would be established that a nuisance in fact existed. The mere complaint of a nuisance would not establish that one existed; neither would a declaration of the board of health establish a given condition to be a nuisance, when in fact it was not so. (Village of Flushing v. Carraher, 87 Hun, 63.) If the thing declared a nuisance was |