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of any corporation or partnership, shall inter, cremate, or otherwise finally dispose of the dead body of a human being, or permit the same to be done, or shall remove said body from the primary registration district in which the death occurred or the body was found, without the authority of a burial or removal permit issued by the local registrar of the district in which the death occurred, or in which the body was found; or shall refuse or fail to furnish correctly any information in his possession, or shall furnish false information affecting any certificate or record, required by this article; or shall wilfully alter, otherwise than is provided by this article, or shall falsify any certificate of birth or death, or any record established by this article; or being required by this article to fill out a certificate of death and file the same with the local registrar, or deliver it, upon request, to any person charged with the duty of filing the same, shall fail, neglect or refuse to perform such duty in the manner required by this article; or being a registrar, deputy registrar, or subregistrar, shall fail, neglect or refuse to perform his duty as required by this article and by the instructions and direction of the state commissioner of health thereunder, shall be deemed guilty of a misdemeanor and upon conviction thereof shall for the first offense be fined not less than five dollars nor more than fifty dollars and for each subsequent offense not less than ten dollars, or more than one hundred dollars or be imprisoned in the county jail not more than sixty days, or be both fined and imprisoned in the discretion of the court. Whenever any physician, midwife, or other person shall fail or neglect to properly record and file a certificate of birth as required by this article such person shall be liable to a penalty of not less than five dollars nor more than fifty dollars for the first and second offenses, which penalty may be recovered by an action brought by the state commissioner of health in any court of competent

Enforcement

jurisdiction, and for every subsequent offense, such person shall be guilty of a misdemeanor, punishable by a fine of not less than ten nor more than one hundred dollars, or by imprisonment for not more than sixty days, or both. (Am'd by L. 1916, ch. 58, in effect March 20, 1916.)

§ 393. Enforcement. Each registrar is hereby charged with the strict and thorough enforcement of the. provisions of this article, in his registration district, under the supervision and direction of the state commissioner of health. He shall make an immediate report to the state commissioner of health of any violation of any provision of this article coming to his knowledge, by observation or upon complaint of any person, or other

wise.

The state commissioner of health is hereby charged with the thorough and efficient execution of the provisions of this article in every part of the state, and is hereby granted supervisory power over registrars, deputy registrars, and subregistrars, to the end that all of its requirements shall be uniformly complied with. The state commissioner of health, either personally or by an accredited representative, shall have authority to investigate cases of irregularity or violation of law, 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 article to the district attorney of the county, with a statement of the facts and circumstances; and when any such case is reported to him by the state commissioner of health, the prosecuting attorney shall forthwith initiate and promptly follow up the necessary court proceedings against the person or corporation responsible for the alleged violation of law. Upon request of the state commissioner of health, the attorney-general shall assist in the enforcement of the provisions of this article.

tions

§ 394. Exemptions. Nothing in this article shall be Exempconstrued to affect, alter, or repeal laws now in force applying to the city of New York.

ARTICLE XXI

County mosquito extermination commission *

(Added by L. 1916, chap. 408; in effect May 3, 1916.) Section 400. Establishment; appointment of commis

sioners.

401. Chairman of board of supervisors ex officio
member.

402. State commissiont of health to appoint
one member of such commission.

403. Members to serve without compensation.
404. Commissions; terms of office.

405. Official oath; officers.

406. Commission a body corporate; powers.
407. Secretary of commission; salary.

408. Clerks and assistants.

409. Duties of clerks and assistants.

409-a. Accumulation of water a nuisance.
410. Powers and duties of commission.

411. Publication of notice of entry, claims, dam

ages and payments.

412. Estimate of annual requirements; powers
and duty of state health commissioner.

413. Duties of boards of supervisors.
414. Disbursements by county treasurer.
415. Annual report.

416. Reservation of powers.

*See L. 1911, Chap. 246, extermination of mosquitoes, Suffolk county, p. 507; Public Health Law, §§ 27-30, pp. 40-44 † So in original

Section 417. Temporary provision for nineteen hundred

and sixteen.

418. Obstructions; interferences.

§ 400. Establishment; appointment of commissioners. In any county in the state of New York, having a population of less than two hundred thousand adjacent to a city of the first class, having a population of over three million there is hereby created an appointing board to consist of the county judge, the county clerk and the county comptroller, to be known as "The (here shall be inserted the name of the county in and for which such appointing board shall act) County Board" for the appointment of a county mosquito extermination commission, as hereinafter provided. The members of such appointing board shall serve without pay, except that the necessary expenses of each member for actual attendance at any meeting of such board shall be allowed and paid. Within ten days after the presentation of a petition signed and acknowledged in the same manner as are deeds entitled to be recorded, by two hundred residents of such county, it shall be the duty of the county judge to convene the said board, at the most suitable and convenient place, or otherwise arrange for concerted action, for the appointment of four resident taxpayers in any such county, who, with the chairman of the board of supervisors and one member, to be appointed by the state commissioner of health, as provided by sections four hundred and one and four, hundred and two of this article, shall constitute a board of commissioners to be known as "The (here 'shall be inserted the name of the county in and for which the commissioners are to be appointed) County Extermination Commission."

§ 401. The chairman of the board of supervisors ex officio member. The chairman of the board of supervisors of each county in and for which a commission is appointed, shall be a member ex officio of such commission, and shall serve without compensation, except that the necessary expenses actually incurred by his attendance upon meetings of such commission shall be allowed and paid. He shall have equal powers, privileges and duties with the other members of such commission.

§ 402. The state commissioner of health to appoint one member of such commission. The state commissioner of health shall appoint one member of such commission who shall have equal powers, privileges and duties with the other members of such commission. Such member shall be a resident of the county for which such commissioners are appointed, and he shall in addition to his powers, duties and privileges conferred, represent the state commissioner of health in all matters as the state commissioner of health may direct.

§ 403. Members to serve without compensation. The members of such commission shall serve without compensation, except that the necessary expenses of each commissioner for actual attendance at meetings of such commission shall be allowed and paid. No person employed by such commission shall be a member thereof.

§ 404. Commissions; terms of office. The commissioners first appointed by the county board in any dis trict under the provisions of this article shall hold office respectively for the term of one, two, three and four years. The term of the member appointed by the state commissioner of health shall be four years. All such commissioners after the first appointment shall be appointed for the full term of four years. Vacancies in such commission, occurring by resignation or otherwise, shall be filled by the county board in the manner provided in section four hundred except any vacancy caused by resignation or otherwise of the member appointed by the state commissioner of health, which

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