own motion, may institute such proceedings in the name of the State. It shall be the duty of the attorney general to conduct the prosecution of all such proceedings brought by said board.

SEC. 10. No person shall be convicted or found liable in any criminal prosecution at common law or in any other proceeding brought by or in behalf of the State, the board or the public, to enjoin, suppress, prohibit, or punish the pollution of the waters of the State unless he shall have violated an order of the board issued under the authority conferred upon it by section 5 or 8 hereof: Provided, however, That nothing in this section contained shall be held to affect any civil right of action or remedy of any person at law or in equity. SEC. 11. The superior court shall have jurisdiction in equity to enforce the provisions of sections 5 and 8 of this act and any order made by the board in conformity therewith. Proceedings under this section shall follow the course of equity and shall be instituted and prosecuted in the name of the board by the attorney general, but only upon the request of the board.

SEC. 12. Any person aggrieved by any order of the board may appeal to the supreme court for a reversal thereof on the ground that the same is unlawful or unreasonable. The person prosecuting such appeal shall within 30 days from the service of the order appealed from file a petition with the clerk of the supreme court setting forth the grounds upon which it is claimed that the order is unlawful or unreasonable. Thereupon the clerk of the supreme court shall issue citation to all parties in interest, including the board, returnable at any time within 30 days from the date of its issue, in the discretion of the court. The court as soon as may be shall hear and determine the matter, and either sustain or reverse the order complained of. The court is hereby given authority to adopt such rules as it may see fit for regulating the practice and procedure in such appeals. Such appeals, however, shall have precedence over other civil cases in the supreme court, except appeals from orders of the public utilities commission.

Every such appeal shall act as a stay of the order appealed from: Provided, That the court or, if the court is not in session, any justice of such court, may at any time order that such appeal shall not so operate if in the opinion of such court or justice the appeal is brought for the purpose of delay, or if justice, equity, or public safety shall so require; or such court or justice may order that such appeal shall so operate only upon compliance by the parties, or any of them, with such terms and conditions as such court or justice may determine: Provided further, That if the order of the board appealed from is sustained by the court such order shall, if previously stayed under the provisions of this section, take effect and become operative for all purposes under this act within five days from the date of the decree sustaining such order, unless the board, within such five days, shall, upon the application of any party to such appeal, fix a different time when such order shall take effect and become operative, and such order so fixing the time shall not be subject to review by any court of this State.

At any hearing in the course of such a proceeding a transcript of the testimony before the board in such case, duly certified by the stenographer taking the same and allowed by one of the members of the board, shall be admitted as testimony.

If, upon the hearing of the appeal, newly discovered evidence shall be introduced by the appellant which is found by the court to be of such a character and of sufficient importance to warrant a reconsideration of the order appealed from, the court, before proceeding to render a final decision, unless the parties to such action stipulate in writing to the contrary, shall transmit a copy of

such evidence to the board and shall stay further proceedings in said action for such time as the court in its discretion may determine. Upon the receipt of such evidence the board shall consider the same and may alter, amend, or rescind the order appealed from, and shall report its action thereon to the court within 50 days from the receipt of such evidence unless the court shall extend the time for making such report. If the board shall rescind the order appealed from the appeal shall be dismissed. If it shall alter or amend the same such altered or amended order shall take the place of the original order appealed from and the court shall render its decree thereon as though made by the board in the first instance. If the original order shall not be altered, amended, or rescinded by the board the final decision shall be rendered upon such original order and the final decree entered in conformity therewith.

SEC. 13. The board, either of its own motion or at the request of any person discharging or emptying sewage or causing or permitting sewage to be discharged or emptied into any of the waters of the State, shall consult with and advise such person as to the best practicable and reasonably available system or means to prevent such sewage from polluting the waters of the State.

SEC. 14. Upon request of the board any person now having any sewer or drain or system of sewers or drains discharging into any of the waters of the State or upon the shores or beaches thereof shall submit to the board a statement containing a description of all such sewers or drains owned or controlled by him and the size, volume of sewage, and character of sewage discharged from each, together with an adequate description of any works, means, or methods then being employed to purify the sewage. Such reports shall not be open to public inspection, and their contents shall not be disclosed by the board or any of its employees or agents except by the written permission of the person making such report. Any member of the board or any employee or agent thereof who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and be punished by a fine not exceeding $500.

SEC. 15. The board is hereby authorized and directed to make and issue all reasonable rules and regulations for the enforcement of its orders and for the conduct of proceedings before it.

SEC. 16. No person shall be held to have violated the provisions of this act where the sole damage caused by him is the rendering unsuitable for drinking purposes or ice supply of the waters polluted by him.

SEC. 17. Section 1 of chapter 211 of the general laws, entitled "General provisions for the protection of fisheries," is hereby amended so as to read as follows:

"SECTION 1. Every person who shall throw into or deposit in or cause to be thrown into or to be deposited in any of the public tidewaters of the State or upon the shores of any such tidewaters any fish offal or any water impregnated with fish, unless the same be filtered in such manner as may be determined by the town council of the town wherein such deposit shall be made, shall forfeit $100."

Section 6 of chapter 144 of the general laws, entitled "Of the protection of navigation," sections 1 to 5, inclusive, of chapter 206 of the general laws, entitled "Of the protection of shell fisheries in the public waters of this State," as amended by chapter 577 of the public laws, passed at the January session, A. D. 1910, and all other acts and parts of acts inconsistent herewith are hereby repealed. But nothing in this section contained shall affect any suit or action, whether civil or criminal and whether at law or in equity, which shall be pending at the time of the passage of this act; nor shall anything in this act contained be held to repeal, alter, or amend any act or part of an act

in so far as it has for its object the protection against corruption or contamination of water used for drinking purposes or ice supply, or in any way to affect the civil or criminal liability of any person for corrupting or contaminating water used for drinking purposes or ice supply.

SEC. 18. For the purpose of carrying out the provisions of this act the sum of $10,000, or so much thereof as may be necessary, shall be, and the same is hereby, appropriated out of any money in the treasury not otherwise appropriated, and the State auditor is hereby directed to draw his orders on the general treasurer for the payment of said sum, or any part or parts thereof as may be necessary, upon the receipt by him of properly authenticated vouchers. SEC. 19. This act shall not apply to the sewage of the city of Newport and town of Jamestown discharged into the waters of the State through their respective sewer outlets.

SEC. 20. Section 2 of this act shall take effect upon its passage. The other sections of this act shall take effect on September 1, 1920.

SOUTH CAROLINA.

Influenza and Other Communicable Diseases-Borrowing of Money Authorized to Combat. (No. 939, Concurrent Res. Feb. 10, 1920.)

Whereas it has been reported by the State health authorities that the disease of influenza has again made its appearance in almost every community of the State, now in epidemic form in many localities; and

Whereas the State health department has no funds in its hands to combat influenza or for any other communicable disease which may arise: Therefore be it

Resolved by the house of representatives (the senate concurring), That to meet this, or any similar emergency, the governor, the comptroller general, and the State treasurer are hereby authorized to borrow $10,000 for the purpose of combating influenza or other communicable diseases and issue a note or notes for same, and that the ways and means committee of the house of representatives and the finance committee of the senate are hereby directed to provide for the payment of this loan in the annual appropriation bill.

School Teachers-Prohibited from Teaching When Infected with Tuberculosis or Other Communicable Disease-Health Certificate Required as Prerequisite to Employment. (Act 519, Mar. 6, 1920.)

SECTION 1. That all persons in this State teaching school and infected with tuberculosis or other infectious diseases are hereby prohibited from teaching in the public schools of this State.

SEC. 2. Any person applying for the position of school-teacher in any of the public schools of this State is hereby required as a prerequisite to his or her employment as such teacher to first secure a health certificate from a county physician or any other reputable physician, certifying that said person has not an open or active infectious stage of tuberculosis or any other contagious disease.

SEC. 3. The physician shall make the aforesaid certificate or [on] form supplied by the South Carolina State Board of Health, whose duty it shall be to provide said forms of certificate upon request of the applicant or applicants under the provisions of this act.

SEC. 4. Any person failing to comply with the provisions of this act or in any manner violating same shall be guilty of a misdemeanor and shall he subject to a fine of not more than $50 or not more than 30 days' impris onment.

Pupils Annual Medical and Dental Inspection of. (Act 582, Mar. 11, 1920.)

SECTION 1. That the board of trustees of any school district of this State be, and hereby are, authorized and empowered to arrange for and shall require annually a medical and dental inspection of all pupils attending the public schools of said district during first month of attendance to ascertain the presence of any contagious or infectious disease, or any disease or defect of the eye, ear, nose, mouth, throat, lungs, or skin, detrimental to the welfare of

any child affected therewith: Provided, That an inspection by any licensed physician and dentist or by any competent health officer or trained nurse approved by the State board of health, and a report made by them in standard form adopted by such board, giving the result of their inspection, shall be deemed a sufficient inspection, and no further inspection shall be required of any child so inspected: Provided, further, That the results of the inspection of any child not be made public, but shall be considered confidential by the school authorities of said district, except that the same may be communicated to the parents or any person in charge of such child, for their information, and any case of any infectious or contagious disease shall be promptly reported to the proper board of health: Provided, That not over 10 cents per child shall be charged each for dental or medical inspection, same to be paid out of the school funds of the respective school district.

SEC. 2. Any parent of child refusing to allow the medical and dental inspection, as provided for in section 1 of this act, shall be subject to a fine of $5 or 10 days in jail for each offense.

Commercial Disinfectants-Sale. (Act 626, Mar. 12, 1920.)

SECTION 1. Act (1919, XXXI Stats. 114) amended-Test of commercial disinfectants.—That section 1 of an act1entitled “An act to regulate the sale and provide for the inspection of commercial disinfectants in the State of South Carolina," approved the 13th day of March, A. D. 1919, be, and the same is hereby, amended by inserting on line 3, between the words "disinfectant" and "be" the following: "by its nature subject to the test hereinafter provided for," and by placing at the end of section 1 a comma instead of a period, followed by the words, "or the Redial Walker Method," so that said section, when so amended, shall read as follows:

"SECTION 1. That no commercial disinfectant, by its nature subject to the test hereinafter provided [for], be sold or offered for sale in South Carolina unless it have, plainly stamped upon the container, the coefficient strength as compared with pure phenol, the said coefficient to be determined by the method employed by the Hygienic Laboratory of the United States Public Health Service, or the Redial Walker Method."

Condensed or Evaporated Skimmed Milk-Sale. (Reg. Bd. of H., December, 1920.)

The sale of condensed or evaporated skimmed milk is allowed, but it shall be unlawful to sell the said condensed or evaporated skimmed milk except under the following regulations: In addition to compliance with all existing laws the said condensed or evaporated skimmed milk to be sold in packages or containers containing not less than 1 gallon (10 pounds), which packages or containers shall be hermetically sealed at the time of sale; also, that at the stores, groceries, shops, or places where such condensed or evaporated skimmed milk is sold a sign printed or painted in black letters on white background, and on which the letters are at least 5 inches high, and worded as follows, must be displayed: "Condensed or evaporated skimmed milk should not be fed to babies, children, or invalids—it is lacking in food value."

The sale of powdered skimmed milk made by the spray process, or not heated to a temperature of over 180° in the process of making, is not affected by the above regulation.

1 Supplement 42 to Public Health Reports, p. 810.