L. 1916, ch. 594. Commission on new prisons. $$ 7-9. mission or the members thereof or their subordinates shall, on the taking effect of this act, be delivered on demand to the commission on new prisons as reorganized by this act. § 7. Repeal of L. 1906, ch. 670.—Chapter six hundred and seventy of the laws of nineteen hundred and six, entitled "An act to establish a new state prison in the eastern part of the state to take the place of Sing Sing prison; to authorize the governor to appoint a commission to select and purchase a site," as amended by chapter five hundred and twenty-one of the laws of nineteen hundred and seven, chapters two hundred and eight and two hundred and fourteen of the laws of nineteen hundred and eight, chapters one hundred and sixty-six and four hundred and forty-seven of the laws of nineteen hundred and nine and chapter six hundred and ninetythree of the laws of nineteen hundred and ten, is hereby repealed. § 8. Repeal of L. 1910, ch. 365.—Chapter three hundred and sixty-five of the laws of nineteen hundred and ten, entitled "An act to authorize the commission on new prisons to select and purchase another site for the new state prison to take the place of Sing Sing, and use money for such purpose heretofore appropriated to said commission," is hereby repealed. 9. Claims not invalidated.-Nothing in this act shall be construed to invalidate any claim or claims against the state accrued or accruing under any valid contract or contracts. L. 1916, ch. 362.-An act authorizing the sale of surplus electric current produced at Clinton prison to the village of Dannemora. (In effect May 1, 1916.) § 1. The agent and warden of Clinton prison, subject to the consent and approval of the superintendent of state prisons, may enter into a contract with the board of trustees of the village of Dannemora to sell to such village, and said trustees are hereby authorized and empowered to purchase in behalf of such village, the surplus electric current not needed for the use and purpose of such prison. Any such contract shall be prepared, and shall be approved as to form and sufficiency of execution, by the attorney-general and shall be for such period of time as shall be agreed upon by the parties thereto. Such contract shall provide for the delivery of such surplus electric current at such prison grounds, and upon terms and conditions of payment to be set forth in the contract. § 2. All moneys received for the use of such surplus electric current shall be paid by the agent and warden into the prison capital fund of such prison. §§ 14, 17, 20. Local boards of health. L. 1916, ch. 372. PUBLIC HEALTH LAW. (L. 1909, ch. 49.) § 14. Approval of plans for certain works built by the state. The erection of sewage disposal plants for State institutions, having been approved by the State Department of Health, cannot be restrained by a municipality as constituting a nuisance, until their operation demonstrates them to be such. Atty. Genl. Opin. (1915), 4 State Dep. Rep. 558. § 17. Violations of health laws or regulations.-Any person violating, disobeying or disregarding the terms of any lawful notice, order or regulation prescribed by the state commissioner of health or by the sanitary code, or any provision of the public health law or sanitary code, for which a civil penalty is not otherwise expressly prescribed by law, shall be liable to the people of the state for a civil penalty of not to exceed fifty dollars for every such violation. The said penalty may be recovered by an action brought by the state commissioner of health in any court of competent jurisdiction. Nothing in this section contained shall be construed to alter or repeal any existing provision of law declaring such violations or any of them misdemeanors or felonies or prescribing the penalty therefor. (Added by L. 1915, ch. 384, and amended by L. 1916, ch. 372, in effect May 1, 1916.) § 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 except as hereinafter provided. In the cities, except cities of the first and second class, 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. In the cities, except cities of the first and second class, and such other cities whose charters otherwise provide, the board shall appoint, for a term of four years, a competent physician, not one of its members, to be the health officer of the city, and shall fill any vacancy that now exists or may hereafter exist from expiration of term or otherwise in the office of health officer of the city. In villages the board of health shall consist of the board of trustees of such village. In towns the board of health shall consist of the town board. The local board of health shall appoint a competent physician, not a member of the local board of health, to be the health officer of the municipality. The term of office of the health officer shall be four years and he shall hold office L. 1916, ch. 369. Local boards of health. § 20. until the appointment of his successor. He may be removed for just cause by the local board of health or the state commissioner of health after a hearing; such removal by the local board of health must be approved by the state commissioner of health. The health officer need not reside within the village or town for which he shall be chosen. Notice of the membership and organization of every local board of health shall be forthwith given by such board to the state department of health. The term "municipality," when used in this article, means the city, village, town or consolidated health district for which any such local board may be or is appointed. The provisions herein contained as to boards of health, and for the appointment of health officers, shall apply to all towns and villages, whether such villages are organized under general or special laws. The members of town boards and of village boards of trustees and of boards of health of consolidated health districts shall not receive additional compensation by reason of serving as members of boards of health. Any matter within the jurisdiction of a town or village board of health may be considered and acted upon at any meeting of such town board or village board of trustees. The state commissioner of health, on the request of the town board of any town and the board of trustees of any village and the common council or other like authority of any city, may combine into one health district, hereinafter referred to as a consolidated health district, any two or more of such towns, villages or cities and may on the request of the town board of any town, board of trustees of any village or common council or other like authority of any city at any time thereafter set apart such town, village or city as a separate health district. In any consolidated health district there shall be a board of health which shall consist of the supervisor of each town, the president of the board of trustees of each village, and the mayor of each city included in each district, provided that if the number of members so provided for is an even number, such members shall within thirty days after such district shall have been established by the state commissioner of health choose an additional member of such board of health to be known as the elective member. An elective member shall serve for a term of two years from the first day of January preceding his election and until his successor shall have been appointed, provided that if at any time the number of members of the board of health, excluding the elective member, shall become an odd number, the term of office of the elective member shall thereupon cease. The board of health of a consolidated health district shall from time to time elect a president from among its members. The health officer of a consolidated health district shall serve as the secretary of the board of health thereof without additional remuneration therefor. In each such consolidated health district the board of health shall appoint a health officer. Each board of health and each health officer of a consolidated health district shall have all the rights, powers, duties and obli § 20. Local boards of health. L. 1916, ch. 369. gations conferred and imposed by law upon boards of health and health officers respectively. When any consolidated health district is established, as herein provided, the boards of health of the towns, villages or cities included within such district, shall thereupon cease to exist as boards of health, and all their rights, powers, duties and obligations shall thereupon be transferred to the board of health of such district. When the board of health of any such consolidated health district shall have appointed a health officer therefor, the terms of office of the health officers of the towns, villages or cities included in such district shall cease, and all their rights, powers, duties and obligations shall thereupon be transferred to and imposed upon the health officer appointed for such consolidated health district. The board of health of any such consolidated health district shall from time to time audit all accounts, and allow or reject all charges, claims and demands against such health district for the remuneration and expenses of the health officer, registrar or registrars, and for all other expenses lawfully incurred by said board of health or on its authority. Unless such board of health of such consolidated health district adopts the estimate system of payment as provided by this section they shall, prior to the annual meeting of the board of supervisors each year, make an abstract, to be known as the consolidated health district abstract, of the names of all persons who have presented to them accounts to be audited, the amounts claimed by each such person and the amounts finally audited and approved by them respectively, and, if such district be wholly in one county, shall deliver such abstract to the clerk of the board of supervisors. If such consolidated health district be located in more than one county the board of health of such district shall divide the total amount of the consolidated health district abstract as audited and approved in proportion to the assessed valuation of the real and personal property of the towns, villages or cities of such consolidated health district located in each county, as determined by the last preceding assessment-rolls of the towns or cities wholly or partly included in such district, and shall deliver a certified copy of such abstract to the board of supervisors of each such county, with a statement of the amount due from the real and personal property of each town, village or city of the consolidated health district in each such county on account of the expenses of such board. The board of supervisors of each such county shall levy a tax upon the real and personal property within such health district sufficient to provide for the sums audited and approved by the board of health thereof and chargeable to the real and personal property of each town, village or city of the consolidated health district in each such county. Such sums, when collected and paid to the county treasurer of each such county respectively, shall be paid by him to the president of such board of health and shall be disbursed by him in accordance with the abstract of claims audited and approved by such board of health, as hereinabove provided. L. 1916, ch. 371. Carriers of disease; care and maintenance. §§ 21, 36a. The board of health of any consolidated health district may annually make an estimate of the expenses of such board for the ensuing calendar year and, if such district be wholly in one county, shall deliver a certified copy of such estimate to the clerk of the board of supervisors of such county prior to the annual meeting of the board preceding such year. If such consolidated health district be located in more than one county, the board of health of such district shall proportion the total amount of such estimate in the same manner as provided by this section for proportioning the expenses of such a district when audited and approved by the board, and shall deliver to the clerk of the board of supervisors of each such county a certified statement of the total estimate and the amount due from the real and personal property of each town, village or city of the consolidated health district in each such county on account thereof. The board of supervisors of each such county shall levy a tax upon the real and personal property within such health district sufficient to provide for the portion of the amount of such estimate chargeable to the real and personal property of each town, village or city of the consolidated health district in each such county. Such sums, when collected and paid to the county treasurer of each county respectively shall be paid by him to the president of such board of health and shall be disbursed by the board of health in accordance with the estimates. After such estimate system has been adopted by a consolidated health district, the board of health thereof shall deduct from the estimate for the succeeding calendar year the amount, if any, remaining in the hands of such board after all of the liabilities incurred on account of the preceding estimate have been paid, before the certified statement of the total estimate and the amount due from the real and personal property of each town, village or city of the consolidated health district in each such county is certified to the respective clerks of the boards of supervisors for collection. (Amended by L. 1909, ch. 165, L. 1913, ch. 559, L. 1915, chs. 124, 555, and L. 1916, ch. 369, in effect May 1, 1916.) Amendment by L. 1915, chap. 555, does not supersede the health provisions of the charter of the city of Mechanicville (L. 1915, chap. 170) as regards composition of the board of health of said city, because said provisions are to be deemed as having been enacted not subsequent to the charter but prior thereto. Atty. Genl. Opin., 5 State Dep. Rep. 447 (1915). § 21. General powers and duties of local boards of health. Power to make ordinances; penalty for disobedience of ordinances.-A village board of health has the power under this section to make both general and special orders for the protection of the public health. Under this statute, where such an order was made which did not prescribe any penalty, such board is without power, after the order has been disobeyed, to prescribe for the first time a penalty for the wrong already done. Village of Carthage v. Colligan (1915), 216 N. Y. 217, affg. 158 App. Div. 793. § 36-a. Providing for the care and maintenance of carriers of disease.Whenever an individual is declared by the state commissioner of health as |