Committee of evision. 26 contingent and other expenses of the board, not included in the first class aforesaid, shall be apportioned against and paid by the respective counties and towns (or counties to which they belong) in the ratio of the taxable property, real and personal, of each, in said district, according to the assessment under which the last preceding taxes therein were respectively levied. 3. But no apportionment against any county (or town therein); other than the counties of New York and Kings, shall be made under the two foregoing clauses, unless as follows, that is to say: Each other county (and each of said towns) shall have apportioned against it and shall pay all disbursements and expenses arising, caused or ordered therein, to or by said Board, or for salaries, and services, or portions thereof, earned or rendered therein, as the regulations of said Board may provide; but such salaries and services will not include any portion of the salaries of the members of the board or of its general officers. 4. It is further provided, in respect of each of said counties, that all the expenses caused by any act or any order of said board, or the execution thereof in or for any particular county or part thereof, shall be apportioned to and be paid by said county or part thereof; and any sums collected in either shall be credited to such county or part thereof, unless the same was on account of expenses incurred in some other county, city or town, and in that event it shall be credited thereto. The said estimate and statement shall, at least ten days before the first day of September in cach year, be submitted to the committee of revision, composed of the presidents of the boards of supervisors of the counties of New York, Kings, Westchester and Richmond, and of the presidents of the board of aldermen of the city of Brooklyn, and of the supervisors of the respective towns of Newtown, Flushing and Jamaica, in the county of Queens, who may meet, by a majority thereof, and consider and act upon the said estimate and enumeration on or before the first Monday of September in each year. If the said committee of revision, on revision object, or before the second Monday of said September, shall object in writing to such estimate or apportionment, or any portion thereof, and so in writing, by said date, notify, or cause to be notified, the said board of estimate, it shall be the duty of the latter to immediately and carefully revise the same, and consider the said objections. If such committee shall fail to meet, or if said board of estimate shall adhere to their original action and esti If committee of or adhere to be Money to be mate, or if they shall modify the same, but they shall not in- If fail to meet crease the same, then their final determination, apportionment conclusive. and action shall be binding and conclusive upon all concerned. And the board of supervisors of the counties of New York, raised in reKings, Richmond and Queens (the expenses in the last-named ties and towns. county to be charged and collected in, and in respect of the property of the towns of Newtown, Flushing and Jamaica), respectively,* are empowered and directed, annually, to order and cause to be raised and collected, by tax upon the estates, real and personal, subject to taxation according to law, within the said respective counties and towns, their respective proportions of the sums of money as aforesaid, annually estimated and as apportioned and finally determined upon, as said total expenses and estimate aforesaid. The sums of money so respectively Disposition of raised, as provided for in this act, shall be, by the proper offi cers, immediately and without deduction, paid into the Treasury of the State, and shall constitute the separate fund hercin else where mentioned and provided, and be used only for the purpo ses of said Board, and shall be paid from the State Treasury, under such appropriate regulations as shall be agreed upon between the Comptroller of the State, the State Treasurer and the Treasurer of said Board. money. borrow. § 29. The said Board may borrow on the credit of this act, and Board may of the funds to be raised thereunder, such amounts (the borrowing of the same respectively to be first approved in writing by the Governor of the State) as may, in the opinion of said Board, be reasonably necessary and proper to enable it to discharge its duties and defray its expenses hereby authorized, up to the time when the requisite funds can be realized for said Board and purposes from the taxation and sources herein provided for and authorized; and such moneys so borrowed, with legal interest, shall be a charge upon and shall be repaid by the said counties and cities and towns in the proportion hereinbefore provided, and the amounts thereof shall, in addition to the requisite annual expense to secure a future annual fund, be included or allowed in the next or first annual estimate of the sums required and expenses as aforesaid, and shall, with interest, be included, and the amount, with interest, collected in and with the tax in this act provided for, and the same shall go into the said fund, and shall from thence, by the Treasurer of the Board, be paid to or in fa- Certificates for vor of the parties entitled. And said Board may issue its certifi- ed. cates to those of whom it borrows money, as herein authorized, Westchester added, Laws of 1867, Chapter 956, Section 4. money Penalty for violations, &c. Misdemeanor. under its scal, and signed by its President and Secretary, and bearing interest at the rate of not more than seven per cent., and payable at a time not more than eighteen months from the date at which any sum may have been borrowed.* 30. Whoever shall violate any provisions of this act, or any order of said Board, made under the authority of the same, or of any by-law or ordinance therein referred to, or shall obstruct or interfere with any person in the execution of any order of said Board, or any order of the Board of Police, in pursuance or execution of the order of the Board of Health, or wilfully omit to obey any such order, shall be guilty of a misdemeanor and be liable to be indicted and punished for such offence: and in cases where it was made a misdemeanor to do or omit any act or thing, when any power or authority hereby conferred upon this Board were exercised by any other board or officer or officers, the omission or doing of such, or a corresponding act or thing, which this act requires, or contemplates to be done or forbids, shall in like manner be a misdemeanor, and the offender shall be liable to indictment and punishment for the same. A wilful Wilful violation omission or refusal of any individual, corporation or body to conform to any sanitary regulation of said Board duly made for the protection of life, or the care, promotion or preservation of health, pursuant to its power or authority, shall be a misdemeanor, and the person or officers guilty thereof shall be liable to indictment and punishment as for a misdemeanor. And all prosecutions and proceedings against any person for a misdemeanor under this act may be had or tried before any judge or tribunal having jurisdiction of any misdemeanor within said district, or within the town, city or village within which any such misdemeanor under this act was committed. And any person, corporation or Pecuniary lia- body which may have wilfully done or omitted any act or thing which is in this act, or any law or ordinance therein referred to, declared to be, or to subject the party guilty thereof to punishment for a misdemeanor, shall, in addition thereto, be subject to a penalty of two hundred and fifty dollars, to be sued for and recovered by said Board in any civil tribunal in said district, except that in the marine, or justice, or county courts, no greater amount can be recovered than the extent of the jurisdiction in other civil suits. And any such suits may be against one or more, or each or all of those who participate in the act, refusals or omissions complained of, and the recovery may be against one Before whom trials had. bility of delin quent. Amended, Laws of 1867, Chapter 956, Section 10. or more of those joined in the action, as the justice or court shall direct. And the provisions of this section as to jurisdiction of tribunals and costs shall apply to all suits by said Board or its assignees, or the assignees of the Police Board under this act.* dence. Action of Board land igal § 31. Copies of the records of the proceedings of said Board, Records as oviof its rules, regulations, by-laws and books and papers constituting part of its archives, when authenticated by its secretary or secretary pro tem.,† shall be presumptive evidence, and the authentication be taken as presumptively correct in any court of justice or judicial proceeding, when they may be relevant to the point or matter in controversy, of the facts, statements and recitals therein contained; and the action, proceedings, authority and orders of said Board shall at all times be regarded as in their nature judicial, and be treated as prima facie just and legal. § 32. It shall be the duty of all prosecuting officers of criminal Prosecutions to courts and police justices to act promptly upon all complaints and in all suits or proceedings for any violation of this act, and in all proceedings approved or promoted by said Board, and to bring the same to a speedy hearing or termination, and to render judgment and direct execution therein without delay. dicial and legal. be prompt. effect. § 33. This act, so far as its relates to the appointment of the when to take Sanitary Commissioners provided for therein, shall take effect immediately, and shall, in other respects, go fully into effect on the first day of March, eighteen hundred and sixty-six. See Laws of 1866, Chapter 686, Section 2; Laws of 1867, Chapter 956, Sections 10 and 17. + Chief Clerk added, Laws of 1867, Chapter 956, Section 1. By-Laws and rules. Code of Heal*1. Ordinances of 1866. Penalty for violation. CHAPTER 686. AN ACT to amend an Act entitled "An Act to create a Metro- The People of the State of New York, represented in Senate and SECTION 1. Section twenty of an act entitled "An act to create a Metropolitan Sanitary District and Board of Health therein, for the preservation of Life and Health, and to prevent the spread of Disease therefrom," passed February twenty-six, eighteen hundred and sixty-six, is hereby amended so as to read as follows: § 20. Said Board may enact such by-laws, rules, and regulations as it may deem advisable, in harmony with the provisions and purposes of this act, and not inconsistent with the constitution or laws of this State, for the regulation of the action of said Board, its officers and agents, in the discharge of its and their duties, and from time to time, may alter, annul or amend the same; and said Board shall, in like manner, for more fully carrying into effect the intents and purposes of this act, annually, on or before the fifth day of May in any year, make and publish twice a week, for three successive weeks next thereafter, in two daily newspapers published in the City of New York, and in one daily newspaper published in the City of Brooklyn, "a code of health ordinances" for the protection of the public health in said. district, to take effect on and after the first day of June next thereafter following, and to remain in full virtue, force and effect within said district, until altered, amended, or annulled ;* and may at any time alter, amend or annul the same, or any part thereof, upon publishing the same as altered and amended, or such portion as is so altered and amended, and for a like time as said original ordinances: but during the year eighteen hundred and sixty-six such code of health ordinances shall take ef fect at any time after it shall have been published as aforesaid for two weeks; and every person, body or corporation that shall violate or not conform to any ordinance, rule, sanitary regulation or * Amended, Laws of 1867, Chapter 956, Section 10. |