suit of the village for the use of the sewer district. In case the cost of such connection shall be paid by the occupant he may recover the same from the owner or may deduct the same from any sums due or to become due from him to such owner.

(13) Nothing herein shall prevent the construction of extensions to such sewer system in accordance with the provisions of article 11 of the village law.

Garbage and Refuse-Collection and Disposal in Towns. (Ch. 55, Act Mar. 15, 1917.)

SECTION 1. Section 320 of chapter 63 of the laws of 1909, entitled "An act relating to towns, constituting chapter 62 of the consolidated laws," is hereby amended to read as follows:

SEC. 320. Collection and disposition of garbage.-Within any town having over 5,000 inhabitants or within any town adjoining a city of the first class, or within any district in any such town established by the town board of such town, it shall be lawful for the town board of such town to provide for the collection of and to cause to be consumed by fire or heat, and to prohibit the throwing, casting or deposit in any body or stream of water, or upon any ash heap or other place than such as may be provided by them within such town or district, any animal or vegetable refuse, dead animal, carrion, offal, swill or garbage. And it shall be lawful for the town board of any such town, to contract for the collection and for the consumption by heat or fire of any such refuse or other aforesaid matter, or for the purchase, maintenance and operation of any appliances for the collection and consumption thereof.

Garbage, Refuse, and Ashes-Collection and Disposal in Villages. (Ch. 27, Act Mar. 1, 1917.)

SECTION 1. Subdivision 25 of section 89 of chapter 64 of the laws of 1909, entitled "An act relating to villages, constituting chapter 64 of the consolidated laws," as amended by chapter 114 of the laws of 1916, is hereby amended to read as follows: [The board of trustees of a village:]

25. Disposition of garbage and ashes.-(a) May provide for the removal from the buildings in said village and for the disposition of swill, garbage, ashes and rubbish of said buildings, or for the removal and disposition of the swill and garbage alone, or the ashes alone, either directly through the employees of said village or by contracting with other persons: Provided, however, That authority shall be first obtained therefor by a proposition adopted at a village election, which proposition shall state the maximum amount to be expended for such purpose or purposes in any one year. (b) Upon the adoption of a proposition therefor at a village election, may establish or construct a plant for the disposal of swill, garbage, rubbish and ashes, or any of them, and may purchase or lease real property therefor and vehicles or other appurte nances to be used in connection therewith. Such proposition shall state the estimated maximum and minimum cost thereof. Upon the acquisition of such plant, may, without the adoption of any proposition as to the amount to be expended therefor in any one year, operate the same and collect and dispose of swill, garbage and rubbish, either directly through the employees of said village or by contracting with other persons for a period not exceeding 5 years.

SEC. 2. Section 128 of such chapter, as amended by chapter 4 of the laws of 1910 and chapters 57 and 738 of the laws of 1911, is hereby amended by adding thereto a new subdivision, to be subdivision 14, to read as follows:

[If authorized by an election, money may be borrowed by a village upon its bonds or other obligations, payable in future fiscal years, for the purpose of purchasing, constructing and maintaining the following village improvements:]

14. Plants for the disposal of swill, garbage, ashes and rubbish, or any of them, or vehicles with other appurtenances to be used in connection therewith.

Children's Boarding Houses-License-Inspection. (Reg. Public Health Council, Jan. 9, 1917.)

CHAP. 8. REGULATION 1. No license shall be issued by the board of health of any city or town under the provisions of section 482 of the penal law to any person to receive, board or keep any nursing children or any children under the age of 12 years not his relatives, apprentices, pupils or wards, without legal commitment, unless the health officer or person performing the duties of health officer of such city or town shall have made an inspection of the premises proposed to be occupied by such children, and shall have filed a written report thereon with the local board of health. Such inspection shall include an examination of each room proposed to be occupied by such child or children, and of the sanitary condition of the premises.

REG. 2. No license shall be issued to any person to receive, board or keep any child or children unless each such child shall sleep in a room having one or more windows opening into the outer air. Provision must be made for the free entrance of fresh air into every such sleeping room and every such room shall be aired at least once in each 24 hours.

REG. 3. Every such license issued by the board of health of any city or town shall be on a form to be prescribed by the State commissioner of health. Every such license shall expire on the thirty-first day of May after its issue, and may be renewed after a reinspection of the premises by the local health officer and a written report thereon to the local board of health. Any such license may be revoked at any time by the State commissioner of health or by the board of health issuing the same.

Midwives Qualifications Necessary to Secure a License. (Reg. Public Health Council, Dec. 18, 1917.)

Regulation 51 of chapter 4 of the sanitary code of the State of New York is hereby amended to read as follows:

REG. 5. Qualifications required of applicant for license on and after the first day of January, 1915.-On and after the 1st day of January, 1915, every applicant for a license to practice midwifery must possess the following qualifications:

(a) Be not less than 21 years of age;

(b) Be able to read and write: Provided, That in cases of persons of foreign birth who have extended experience or in other exceptional circumstances this requirement may be waived by the public health council;

(c) Be clean and constantly show evidence, in general appearance, of habits of cleanliness;

(d) Either

(1) possess a diploma from a recognized school for midwives; or

(2) have attended, under the instruction of a duly licensed and registered physician, not less than 15 cases of labor and have had the care of at least 15 mothers and newborn infants during lying-in periods of at least 10 days each, and shall present a written statement from said physician or physicians that she has received such instruction in said fifteen cases with the name, date and address of each case, and that she is reasonably skillful and competent; or

(3) present other evidence satisfactory to the State commissioner of health of her qualifications, and

(e) Present evidence satisfactory to the State commissioner of health of good moral character, vouched for by at least two reputable citizens.

"Pub, Health Repts, Reprint 279, p. 126,

Nuisances-Maintenance by Corporations of Nuisances Outside of State Affecting People in State-Forfeiture of Charter or Revocation of Certificate of Authority. (Ch. 292, Act May 1, 1917.)

SECTION 1. Chapter 28 of the laws of 1909, entitled "An act relating to corporations generally, constituting chapter 23 of the consolidated laws," is hereby amended by inserting therein a new article, to be article 9a, to read as follows:

ARTICLE 9a.

FORFEITURE OF CHARTER OR REVOCATION OF CERTIFICATE OF AUTHORITY, FOR MAINTAINING A NUISANCE.

SEC. 200. Forfeiture of charter or revocation of certificate of authority of corporations maintaining nuisances generated in another State.-Any corporation organized under the laws of this or any other State which shall so conduct its business, without the State, by the emission or discharge of dust, smoke, gas, steam or offensive, noisome or noxious odors or fumes, so as to unreasonably injure or endanger the health or safety in this State of any considerable number of the people of this State, shall be deemed guilty of a nuisance and the charter of such corporation, if incorporated by or under any law of this State shall be deemed forfeited in the manner prescribed in this section, or its certificate of authority to do business in this State, if incorporated or formed under the laws of any other State, shall be deemed revoked and annulled in the manner prescribed in this section, and in either case shall not be revived, except as prescribed in the next section. Complaints may be made to the State commissioner of health by any person, association or corporation aggrieved, by petition or complaint in writing setting forth any act or thing done or omitted to be done claimed to constitute a nuisance within the provisions of this section. Upon the presentation of such a complaint, the State commissioner of health shall cause a copy thereof to be served upon the corporation complained of, in the manner provided by law for the service of a summons, accompanied by a notice, directed to such corporation, requiring that the matters complained of be abated, or that the charges be answered in writing within a time to be specified by such commissioner. If the charges contained in such complaint be not thus satisfied and it shall appear to such commissioner of health that there are reasonable grounds therefor, he shall cause such charges to be investigated in such manner and by such means as he shall deem proper and fix a time for a hearing upon such complaint and cause notice thereof to be forwarded to the complainant and the corporation complained of. If the State commissioner of health, or his successor, after such notice to such corporation, and an opportunity for a hearing being given to it, shall find that such corporation is so conducting its business, without the State, as to unreasonably injure or endanger the health or safety in this State of any considerable number of people of this State, he shall file such findings in duplicate in the offices of the secretary of state and the attorney general. A certificate of the secretary of state giving notice of the filing of such findings shall be served upon the corporation, or upon the designated agent of a foreign corporation authorized to do business in this State, and thereupon the charter of such corporation if incorporated by or under any law of this State, or its certificate of authority to do business in this State, if incorporated or formed under the laws of any other State, shall be suspended for the period of 30 days.

Any person who shall exercise or attempt to exercise any powers under the charter of any corporation or by virtue of a certificate of authority which has been so suspended, during the period of such suspension, shall be guilty of a misdemeanor. If at the expiration of such period the State commissioner of health upon further proof and opportunity to such offending corporation to be heard shall find and determine

that such corporation continues to conduct its busines so as to constitute such nuisance, he shall cause a notice of such determination to be served upon the corporation, or upon the designated agent of a foreign corporation authorized to do business in this State, and published once a week for two successive weeks in the official State paper. On the tenth day after such service and publication the charter of such corporation, if incorporated by or under any law of this State, shall be deemed forfeited or its certificate of authority to do business in this State, if incorporated or formed under the laws of any other State, shall be deemed to be revoked and canceled. Any person who shall exercise or attempt to exercise any powers under the charter of any corporation which has been so forfeited or by virtue of a certificate of authority which has been so revoked, shall be guilty of a misdemeanor. If, pursuant to this section, the charter of a domestic corporation be forfeited, the attorney general shall forthwith apply to the supreme court for the appointment of a receiver of its property, who shall have all the powers and duties, so far as practicable, prescribed by articles 10a and 11 of the general corporation law.

SEC. 201. Reinstatement.—When any corporaton has ceased to perform the acts or maintain the nuisance by reason of which its charter ha been forfeited or its certificate of authority revoked, and shall satisfactorily guarantee that it will not perform such acts or maintain such nuisance in the future, the charter or certificate of authority of such corporation may be revived in the manner prescribed in this section with the same force and effect as if such charter had not been forfeited or such certificate revoked. If such corporation shall file a petition in writing with the State commissioner of health setting forth that the nuisance in fact no longer exists, and it shall appear that there are reasonable grounds therefor, such commissioner of health shall cause an investigation to be made in such manner and by such means as he shall deem proper, and if after such investigation he shall find and certify that such corporation has ceased to conduct its business so as to constitute such nuisance, and shall file such findings in duplicate in the offices of the ecretary of state and attorney general, the charter or certificate of authority of such corporation shall be deemed to be revived with full force and effect. A supplemental certificate of the secretary of state shall be served and published in like manner, and upon such service and publication, such revival shall become effective. Such revival shall not, however, prevent a subsequent forfeiture or revocation of the charter or certificate of the same corporation for the same or similar offense. This article shall not be deemed to apply to a corporation organized and existing under the laws of the State of New York and subject to the jurisdiction of the public service commission under the public service commissions law or principally engaged in furnishing power to such public service corporation.

SEC. 202. Application of article.-This article shall not apply to corporations operating railroad or steamboat lines.

Factories-Toilets. (Ch. 693, Act May 31, 1917.)

SECTION 1. Subdivision 3 of section 88a of chapter 36 of the laws of 1909, entitled "An act relating to labor, constituting chapter 31 of the consolidated laws, by chapter 340 of the laws of 1913, is hereby amended to read as follows:

as added

3. The use of any form of trough water-closet, latrine or school sink, other than those types specified in the rules of the State industrial commission, within any factory is prohibited. All such trough water-closets, latrines or school sinks which do not conform to the specifications set forth in the rules of the State industrial commission shall, before the 1st of October, 1914, be completely removed and the place where they were located properly disinfected under the direction of the department of labor. Such appliances shall be replaced by proper individual water-closets, or by trough water-closets conforming to the rules of the State industrial commission, 180437-2023

placed in water-closet compartments, all of which shall be constructed and installed in accordance with the rules and regulations to be adopted by the State industrial commission.

Cantonment Health Zones-Establishment-Sale of Food and Drink. (Reg. Public Health Council, Oct. 30, 1917.)

Chapter 7 of the sanitary code of the State of New York is hereby amended by adding thereto four new regulations, to be known as regulations 10, 11, 12, and 13, and to read as follows:

REG. 10. Declaration of cantonment zones.-The State commissioner of health may from time to time declare such territory as he deems necessary in the neighborhood of a military or naval camp or cantonment a health zone, and he may from time to time change the limits of or abolish such zone.

REG. 11. Permits required to sell food and beverages in all health zones.-Whenever the State commissioner of health has declared any territory to be a health zone, as provided for in regulation 10 of this chapter, thereafter and so long as such declaration remains in effect no person shall establish or maintain any place for the sale of food or drink intended for human consumption, unless such person shall first have secured from the health officer, in whose jurisdiction the place is situated, a written permit so to do. Such permit shall not be issued unless, after an inspection, the health officer has satisfied himself that the place is maintained under sanitary conditions. Such permit, unless revoked, shall be granted for one year from the date of its issuance and shall be conspicuously displayed in the place for which it was issued. Such permits are not transferable.

REG. 12. Monthly inspections by health officers.-All places for which such permits are issued shall be inspected at least once in each month by the health officer.

REG. 13. Revocation of permit.-Any permit so issued may be revoked for cause either by the local health officer or the State commissioner of health, after giving the person holding the permit an opportunity to a hearing.