VIII. To secure the sanitary condition of tenement houses, jails, prisons and all public buildings;

IX. To regulate, control or prohibit the cleaning of sewers, the dumping of garbage, the filling of sunken lots, or marshlands, and to provide for the filling up of such lots or lands;

X. To regulate and control the method of construction, the location, the method or manner of emptying or cleaning, and the frequency of cleaning cesspools and privies;

XI. To regulate and control the mode of connection of house drainage and plumbing with outside sewers, cesspools or other receptacles;

XII. To protect the public water supply and prevent the pollution of any stream of water or well, the water of which is used for domestic purposes, and to order not to be used or closed any well, the water of which is polluted or detrimental to the public health;

XIII. To remove persons infected to a suitable place, in case of contagious or infectious disease, where, in the judgment of the board, such removal is necessary and can be accomplished without any undue risk to the person or persons diseased, and to disinfect the premises when deemed necessary;

XIV. To regulate the burial and disinterment of human bodies;

XV. To regulate the practice of midwifery: Provided, That no ordinance passed pursuant to the authority contained in this subdivision shall conflict in any way with the provisions of an act entitled "An act to regulate the practice of midwifery," approved March 28, 1892, or with any act amendatory thereof or supplemental thereto. Local Boards of Health-Employees-Appointment and Duties. (Reg. Dept. of H., Apr. 17, 1917.)

CHAPTER 5. REGULATION 1. Secretary.-Every local board of health shall appoint a secretary, whose duty it shall be, in addition to the duties imposed upon him by said board, to keep an accurate record of all official actions of said board.

REG. 2. Registrar of vital statistics.-Every local board shall appoint a registrar of vital statistics, unless the appointment of such registrar is otherwise provided for by statute, whose duty it shall be, in addition to any other duties imposed upon him by said board, to receive and transmit to the director of health of the State of New Jersey, certificates of births, marriages and deaths now required by law to be made. In the case of any decedent who is a resident of some other State or municipality than that in which the death occurred, the registrar shall transmit forthwith a copy of the death certificate to the registrar of the place of usual residence of such person; the birth of any child of nonresident parents shall in like manner be reported to the registrar of the State or municipality of the place of usual residence of said parents.

REG. 3. Executive officer.-Every local board of health shall employ a person, not a member of said board, who shall be the executive officer of said board (designated hereinafter in this code as "health officer" or "executive officer''), who shall, in addition to the other duties that may be imposed upon him by said board, enforce the laws of the State relating to the public health, the provisions of the State sanitary code and the ordinances adopted by said local board. The executive officer shall be the person to whom all reports required by law or by this code shall be made, unless some other person is specifically designated by the local board to receive such reports. Such executive officer shall have secured, previous to employment, a license as health officer, issued under the provisions of chapter 215 of the laws of 1903.

In municipalities having a population of less than 10,000, such executive officer shall, before employment, have secured a license either as health officer or as sanitary inspector of the first class, issued under the provisions of chapter 215 of the laws of 1903: Provided, however, That any two or more boards of health may join in employ

ing an executive officer: And provided, further, That when the total population of the combined municipalities by whom such officer is employed exceeds 10,000, then such officer shall have secured before appointment a license as health officer.

Milk and Cream-Licensing and Bonding of Dealers. (Ch. 74, Act Mar. 20, 1917.) 1. On or after July 1, 1917, no person, firm, association or corporation shall engage in or carry on the business of buying milk or cream in this State for the purpose of shipping or for sale, resale or manufacture, unless such business be regularly transacted or conducted at an office or station within the State and unless such person, firm, association or corporation be duly licensed as provided hereinafter. Every such person, firm, association or corporation before engaging in the business of buying milk or cream for the purposes aforesaid, shall, annually, on or before June 1, file an application with the secretary for agriculture for a license to transact such business. The application shall state the nature of the business, as hereinabove set forth, the full name or names of the person or persons or corporation applying for the license, and, if the applicant be a firm or association, the full name of each member of such firm or association, the city, town or village and street number at which the business is to be conducted, and such other facts as the secretary for agriculture shall prescribe. The applicant shall further satisfy the secretary for agriculture of his or its character, financial responsibility and good faith in seeking to engage in such business. The secretary for agriculture shall thereupon issue to such applicant, on payment of $10, a license entitling the applicant to conduct the business of buying milk and cream from producers for the purpose aforesaid at an office or station at the place named in the application until the first day of July next following: Provided, however, That if application be made subsequent to July 1 in any year, said license shall run until the first of July next following. A license shall not be issued, however, to any applicant if during the year preceding the application a complaint from any producer and seller of milk and cream shall have been filed with the secretary for agriculture against such applicant for any grounds specified in section 3 hereof, and such complaint shall have been established as true and just to the satisfaction of the secretary for agriculture after such complaint shall have been investigated by the secretary for agriculture in the manner provided for in section 2 hereof. A license shall not be issued as provided in this section unless and until the applicant shall file with the secretary for agriculture as herein provided, a good and sufficient surety bond executed by a surety company duly authorized to transact business in this State in a sum not less than one and one-half times the estimated maximum monthly indebtedness of the applicant to the parties or persons from whom he may purchase or receive or may have purchased or received milk or cream, or unless the applicant shall be relieved from such requirement as hereinafter provided. Such bond shall be approved as to its form and sufficiency by the secretary for agriculture.

Such applicant may in lieu of such bond deposit with the secretary for agriculture money or securities in which banks may invest the moneys deposited therein, as provided by law, in an amount equal to the sum secured by the bond required to be filed as herein provided.

The bond required to be filed hereunder shall be given to the secretary for agriculture in his official capacity and shall be conditioned for the faithful compliance by the licensee with the provisions of this act and for the payment of all amounts due to persons who have sold milk or cream to such licensee, during the period that the license is in force. The money or securities deposited with the secretary for agricul ture as above provided, shall constitute a separate fund and shall be held in trust for, and applied exclusively to, the payment of claims against the licensee making such deposit, arising from the sale of milk or cream to such licensee.

Upon default by the licensee in the payment of any money due for the purchase of milk or cream, which payment is secured by a bond or the deposit of money or securities as herein before provided for, the creditor may file with the secretary for agriculture, upon a form prescribed by him, a verified statement of his claim. If such creditor shall have reduced such claim to judgment, or shall thereafter and before the commencement of the action by the secretary for agriculture, as hereinafter provided for, reduce such claim to judgment, a transcript of such judgment shall also be filed with the secretary for agriculture.

Such statements may be filed at any time during the period of the license for purchases made during such period and within 90 days from the termination of such period.

After the expiration of 90 days from the termination of any license period the secretary for agriculture shall, by proper action wherein all such creditors and any surety upon any bond given as hereinbefore provided for and the licensee shall be parties, proceed to determine the amount due each such creditor, and the judgment rendered in such action shall be enforced ratably for such creditors against the surety on the bond, if one there be, or against the moneys or securities deposited as hereinbefore provided for. If any creditor shall have reduced his claim to judgment such judgment shall be presumptive proof of the amount due such creditor in any action brought by the secretary for agriculture as hereinbefore provided for.

Every bond given pursuant to the provisions hereof shall be applicable, in the first instance, to the payment of all claims arising during the license period for which such bond shall continue, and filed either during such period or within 90 days after the expiration thereof. If all such claims shall be paid the balance available upon such bond shall be devoted to the extinguishment ratably of claims arising during such license period, but for which statements shall not have been filed until after 90 days after the expiration of such period.

All moneys and securities, deposited as herein provided for, shall be applicable, in the first instance, to the extinguishment of claims, properly filed, arising during the license period for which such moneys or securities were originally deposited, and if, after the extinguishment of such claims, there shall be a surplus remaining, such surplus shall be devoted to the extinguishment of claims arising during any preceding license period which were properly filed as hereinbefore provided, all claims for any one license period to be of a parity. Any surplus remaining after the extinguishment of such prior claims shall be added to the moneys or securities then on deposit with the secretary for agriculture, or, if there be at that time on file with the secretary for agriculture a bond given pursuant to this section, or if there be then on deposit with the secretary for agriculture additional moneys or securities deposited as herein provided for, and if such bond or such moneys or securities, as the case may be, shall, in the opinion of the secretary for agriculture, be sufficient, such surplus shall be returned to the licensee.

A person or corporation licensed hereunder shall make a verified statement of his or its disbursements during a period to be prescribed by the secretary for agriculture, containing the names of the persons from whom such products were purchased, and the amount due to the vendors thereof. Such statement shall be submitted to the secretary for agriculture when requested by him and shall be in form as prescribed by the secretary for agriculture. If it appears from such statement or other facts ascertained by the secretary for agriculture, upon inspection or investigation of the books and papers of such licensee as authorized by section 2 of this act, that the security afforded to persons selling milk or cream to such licensee by the bond executed or deposit made by such licensee as herein provided does not adequately protect such vendors, the secretary for agriculture may require such licensee to give an additional bond or to deposit additional money or securities, to be executed or deposited as above proprovided, in a sum to be determined by the secretary for agriculture, but not exceeding

by more than 50 per centum the maximum amount paid out by such licensee to sellers of milk in any one month: Provided, however, That the maximum amount of the bond or deposit required from any applicant under the provisions of this section shall be $100,000; and that any applicant filing a bond or depositing money or securities in such maximum amount may be exempted from filing either the statements of milk purchased or the statements of disbursements in this section provided for.

If the applicant for a license under this section be a person who is a resident of this State or a domestic corporation, the secretary for agriculture may, notwithstanding the provisions of this section, if satisfied from an investigation of the financial condition of such person or domestic corporation that such person or corporation is solvent and possessed of sufficient assets to reasonably assure compensation to probable creditors, by an order filed with the department of agriculture, relieve such person or corporation from the provisions of this section requiring the filing of a bond.

The term "station" or "milk gathering station," as used in this and ensuing sections of this act, shall include any established office where the business of buying milk or cream as herein provided for is carried on, with or without a place or premises in connection therewith for the physical handling of milk or cream: Provided, That such station or office shall be a suitable place for keeping such records and accounts and for posting such notices and statements as are required or as may hereafter be ordered under the provisions of this act, and for keeping for inspection, as hereinafter provided, a copy of the license under which the business of the licensee is conducted.

2. The secretary for agriculture and his assistants shall have power to investigate upon the complaint of any interested person, or of his own motion, the record of any person, firm or corporation applying for or holding a license, or any transaction involving the purchase of milk for shipment as provided in section 1; and for such purpose may examine the ledgers, books of account, memoranda or other documents of any such person, firm, association or corporation applying for or holding a license and may take testimony therein under oath; but information relating to the general business of any such person, firm, association or corporation, disclosed by such investigation and not relating to the immediate purpose thereof, shall be deemed of a confidential nature by the secretary for agriculture, his assistants, representatives and employ

ees.

When a complaint is filed with the secretary for agriculture, he shall attempt to secure an explanation or adjustment, and, failing this within 10 days, he shall cause a copy of the complaint, together with a notice of the time and place for a hearing thereon, to be served personally or by mail upon said applicant or licensee. If served by mail, such complaint and notice shall be directed to the applicant or licensee at his place of business, with postage fully prepaid thereon. Such service shall be made at least 7 days before the hearing. At the time and place appointed for such hearing, the secretary for agriculture or his assistants shall hear the parties to the complaint shall have power to administer oaths and shall enter in the records of the office of the secretary for agriculture a decision either dismissing such complaint or specifying the facts which he deems established on such hearing.

3. The secretary for agriculture may decline to grant a license or may revoke a license already granted when he is satisfied of the existence of the following cases or either of them:

(1) Where a money judgment has been secured by any milk producer and has been entered against such applicant or licensee and remains unsatisfied of record.

(2) Where there has been a failure to make prompt settlements to persons from whom he buys milk, with intent to defraud.

(3) Where there have been combinations to fix prices.

(4) Where there has been a continual course of dealing of such nature as to satisfy the secretary for agriculture of the inability of the applicant or licensee to properly conduct the business or of an intent to deceive or defraud creditors.

(5) Where there has been a continued and persistent failure to keep records required by the secretary for agriculture or by law; or where there is a refusal on the part of the licensee to produce books, accounts or records of transactions in the carrying on of the business for which such license was granted.

4. The action of the secretary for agriculture in refusing to grant a license, or in revoking a license granted under section 1, shall be subject to review by any court of competent jurisdiction, and if such proceedings are begun to review the revocation of license, the license shall be deemed to be in full force and effect until the final determination of said proceedings of review.

5. Every proprietor of a milk gathering station shall keep, in such form as the secretary for agriculture may prescribe, a record of transactions of purchases of milk or cream by him, and he shall, at least semimonthly, deliver to each person from whom he receives or purchases milk or cream and in the unit of measure used in computing the amount due therefor, an itemized statement of the several amounts or quantities of such milk or cream so received or purchased at such milk station from such person during the prior half month, or, if statements are delivered more frequently than semimonthly, during the period of time which has elapsed since the delivery of such last prior statement. If the milk or cream is purchased or received on a butter fat asis, such statements shall include the percentage, or average percentage, of butter fat contained in said milk or cream as determined by tests periodical or otherwise. Every such proprietor of a milk gathering station shall post in a conspicuous place in such milk station a schedule of the prices being paid for milk or cream, including the premiums paid or deductions made, if any, for milk or cream containing milk fat either in excess or in lesser amount than the agreed standard, and shall keep a correct account of all the milk or cream daily received or purchased from each person at such milk station, which account shall be open to inspection by said person.

6. Every person, firm, association or corporation licensed under the provisions of this act and carrying on or conducting business under such license shall post in a conspicuous place in or at the place of business of such licensee a copy of such license to be furnished by the secretary for agriculture, to be kept so posted and exposed for inspection by any person or persons who may properly make such inspection.

7. If either party to the transaction of purchase and sale between a milk producer or a milk seller and a licensed buyer of milk shall be dissatisfied relative to any transaction of purchase and sale of milk between a milk seller and a licensed buyer of milk, he may apply to the secretary for agriculture, in writing, within 60 days after the delivery of such milk to the licensed buyer, for investigation. The secretary for agriculture shall treat such application as a complaint and shall cause a full investigation of the transaction complained of to be made either by himself or one of his assistants, in the manner provided for in section 2.

8. Any person who, being a buyer of milk for the purposes set forth in section 1, whether such person be licensed or whether his business be transacted at a station or otherwise, shall (a) fail to make prompt payments for milk purchased, with intent to defraud, or (b) shall make any false or misleading statement or statements enumerated in sections 1 to 5, inclusive, with intent to deceive, or (c) enter into any combination to fix prices, or (d) not being licensed, shall conduct the business of buying milk for shipment as provided in section 1, or (e) being licensed or otherwise, engages in such business without having a station or office therefor, or (f) fails to conform to any requirement of or violates any provision of sections 1 to 5, inclusive, with intent to deceive a seller of milk, shall be guilty of a misdemeanor.