Chapter 16. PUBLIC HEALTH.

§1. Persons Included in Department.—There shall be a state department of health, which shall consist of a commissioner of health, whose office shall be located at the seat of government; a public health council, of which the commissioner shall be ex officio a member; directors of divisions, and other employees as herein provided.[1881, c. 60, §§1-4; 1882, c. 93, §§1-4; 1895, c. 7, §1; 1897, c. 51, §1; 1901, c. 56, §1; 1913, c. 24, §§1, 3, 4; 1915, c. 11, §1; Code 1923, c. 150, §1(1).]

§2. Commissioner of Health.—The commissioner of health shall be appointed by the governor, by and with the advice and consent of the senate, and shall be a physician, a graduate of a reputable medical college, of at least five years’ experience in the practice of medicine, skilled in sanitary science, and experienced in public health administration. The commissioner of health in office on the date this Code takes effect shall, unless sooner removed, continue to serve until his term expires and his successor has been appointed and has qualified. On or before the first day of June, nineteen hundred and thirty-one and on or before the first day of June of each fourth year thereafter, the governor shall appoint a commissioner of health to serve for a term of four years, commencing on said first day of June, and any commissioner shall be eligible for reappointment. The commissioner of health shall receive an annual salary of forty-eight hundred dollars and actual expenses incurred in the performance of official business, which salary shall be in full for all services. He shall be the administrative head of the state department of health and shall be ex officio a member of its public health council. Hisduties shall be to administer the laws and regulations of the department; to prepare rules an regulations for the consideration of the public health council; and, with the approval of said council, to appoint, remove and fix the compensation of the directors of divisions and all other employees, but said compensation shall not exceed the appropriation therefor; to advise with the public health council, keep himself informed as to the efficiency of each local health officer within the State; aid each health officer in the performance of his duties; assist each local health officer in making an annual sanitary survey of the territory within his jurisdiction, an in maintaining therein a continuous sanitary supervision; adjust questions of jurisdiction arising between local health officers within the State; study the cause of excessive mortality or morbidity from any disease in any portion of the State; promote efficient registration of births, deaths and notifiable diseases; inspect and report from time to time the sanitary condition of institutions, schools and school house public conveyances, dairies, creameries, slaughter houses, work shops, factories, labor camps, hotels and places where offensive trades or industries are conducted; inspect and report the sanitary condition of streams, sources of water supply and sewerage facilities; endeavor to enlist the cooperation of all physicians and volunteer health organizations in the improvement of public health; promulgate information to the general public in all matters pertaining to the public health. He shall perform all executive and other customary duties incident to his postion as chief executive officer, and shall provide offices and equipment necessary for the transaction of the business of the state department of health out of funds appropriated for said department. He shall submit annually to the governor, on or before the first day of November or as soon thereafter as practicable, a report of the operations of the department, with any recommendations he may have to make, which report shall be printed and distributed as soon as practicable thereafter in the same manner as other public documents of the State. The commissioner of health may direct any official or employee of the state department of health to assist in the study, control, suppression and prevention of diseases in any part of the State, and necessary expenses shall be paid while in the performance of such duty.[1915, c. 11, §2 1919, c. 96, §2; Code 1923, e. 150, §1(2).]

§3. Public Health Council; Violation of its Regulations.—The public health council shall consist of the commissioner of health and six other members, who shall be appointed by the governor, by and with the advice and consent of the senate. The commissioner and other members shall be graduates of reputable medical colleges and shall have had at least five years’ experience in the practice of medicine. The members in office on the date this Code takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified. On or before the first day of July, nineteen hundred and thirty-one, and on or before the first day of July of each alternate on year thereafter, the governor shall appoint three members of the public health council, other than the commissioner of health, to serve for terms of four years, respectively, commencing on said, first day of July, and any member shall be eligible for reappointment. The public health council shall elect one of its members president, whose term of office shall be two years. The commissioner of health shall be secretary of the council. The public health council shall hold at least two meetings each eyear, and at such other times as it may prescribe by rule, or upon the request of the comissioner of health. A quorum of the council shall consist of not fewer than four members. Each member of the council, other than the commissioner, shall receive ten dollars for each day actually spent in attending the sessions of the council or of its committees and in necessary travel, not to exceed sixty days in any one calendar year, and shall be reimbursed for all actual and necessary traveling, incidental and clerical expenses incurred in the discharge of his duties. All authorized compensation and all expenses certified by the council as properly and necessarily incurred in the discharge of its duties shall be paid out of the state treasury, from funds appropriated for that purpose, on the warrant of the state auditor issued on requisitions signed by the president and secretary of the council. It shall be the duty of the public health council to promulgate rules and regulations; take evidence in appeals; approve plans and appointments; hold hearings; advise with the commissioner of health; define the qualifications of local health authorities and directors of divisions and discharge other like duties. The public health council shall have power, by the affirmative vote of a majority of its members, to establish and from time to time amend regulations under the public health laws, the enforcement of which devolves upon the state commissioner of health. Every general regulation adopted by the public health council shall state the day on which it takes effect, and a copy thereof, duly signed by the commissioner of health, shall be filed in the office of the secretary of state, and a copy there of shall be sent by the commissioner of health to each health officer within the State, and shall be published in such manner as the public health council may determine. Any violation of the regulations so promulgated, when said regulations are reasonable and not inconsistent with law, shall be a misdemeanor, punishable by a fine of not less than ten dollars nor more than three hundred dollars, and, in the discretion of the court, by imprisonment in the county jail for not more than thirty days.[1915, c. 11, §3; Code 1923, c. 150, §1(3).]

§4. Inspectors, Examiners and Employees.—Inspectors, examiners or other persons appointed by the commissioner of health may be appointed at such time or times as by him deemed necessary; and they shall act as representatives of the commissioner of health, and under his direction shall secure the enforcement of the provisions of the public health laws and regulations, and shall have the right of entry into any work shop, public school, factory, dairy, creamery, slaughter house, hotel, or other place of business or employment, or any common carrier or public utility, when in the discharge of official duties. Any person interfering with or attempting to interfere with any inspector, examiner or other duly authorized employee of the commissioner in the discharge of his duties under this section shall be guilty of a misdemeanor, and, upon conviction, fined not exceeding one hundred dollars.[1915, c. 11, §4; Code 1923, c. 150, §1(4).]

§5. Divisions of Department; Directors.—There shall be in the state department of health the following divisions:

Division of communicable diseases;

Division of sanitary engineering;

Division of vital statistics;

Division of child hygiene.

The commissioner of health shall appoint, with the advice of the public health council, a director to take charge of each division, and shall prescribe, with the advice of the public health council, the duties pertaining to each division and arrangement of the subdivisions, if any, thereof. The directors of divisions shall be graduates of reputable colleges.[1915, c. 11, §5; 1919, c. 96, §5; Code 1923, c. 150, §1(5).]

§6. General Duties of State Department of Health.—The state department of health shall have the authority to enforce all the laws of the State concerning the public health, and shall take care to protect the life and health of the inhabitants of the State, and to that end shall make or cause to be made sanitary investigations and inquiries respecting the cause of diseases, especially of epidemics, endemics, and the means of prevention, suppression or control, the source of mortality and the effects of localities, employments, habits and circumstances of life on the public health, and shall gather information in respect to these matters and kindred subjects for diffusion among the people. It shall inspect and examine food, drink and drugs offered for sale or public consumption in such manner as shall be deemed necessary, and shall report all violations of all laws of this State relating to pure food, drink and drugs to the prosecuting attorney of the county in which such violations occur, and lay before such prosecuting attorney the evidence in its knowledge of such violations. The commissioner of health or any member of the public health council may make complaint and cause proceedings to be instituted against any person or persons or corporation for a violation of any of the health laws of this State, without the sanction of the prosecuting attorney of the county in which proceedings are instituted, if said officer fail or refuse to discharge his duty, and in no such cases shall they be required to give security for costs.

Whenever the character and location of plumbing, drainage, water supply, sewers and disposal of sewage, garbage, or other waste materials of cities, towns and villages, offensive trades, hotels and labor camps, and the ventilation, warming, natural lighting and excreta disposal in public utilities, in public halls, churches, school houses, workshops, prisons and all other public institutions, are such as to endanger the public health, the public health council shall have power to make and enforce rules regulating the same. Whenever, in the opinion of the state department of health or the state health commissioner the location or outfall of a sewer constitutes a nuisance or is a menace to public health, the state health commissioner shall have the power to order such changes as may be necessary to secure public comfort or safety. The public health council shall promulgate and recommend regulation, not inconsistent with law, covering the disposal of excreta in coal mines, examine into and advise with the chief of the department of mines as to the ventilation of coal mines, and how to treat promptly accidents resulting from poisonous gases. Nothing herein contained shall be construed to give the state department of health the power to regulate or interfere with the drainage from any mine or manufacturing plant unless the drainage from said mine o manufacturing plant shall contain disease-producing bacteria in sufficient numbers to endanger health.(1881, c. 60, §5; 1882, c. 93, §5 1887, c. 64, §5; 1913, c. 24, §5; 1915, c. 11, §§6 7; 1919, c. 96, §2; Code 1923, c. 150, §2.)

§7. Supervision Over Local Sanitation.—The public health council shall consult with and advise the authorities of cities and towns, and persons having, or about to have, systems of water supply, drainage or sewerage, as to the most appropriate source of water supply, and the best method of assuring its purity, or as to the best method of disposing of their drainage or sewage with reference to the existing and future needs of other cities, towns or persons which may be affected thereby. It shall also consult with and advise persons engaged or intending to engage in any manufacturing or other business whose drainage or sewage may tend to pollute any inland water as to the best method of preventing such pollution, and it may conduct experiments to determine the best methods of the purification or disposal of drainage or sewage. No person shall be required to bear the expense of such consultation, advice or experiments. Cities, towns and persons shall submit to said public health council for its advice their proposed system of water supply or of the disposal of drainage or sewage. In this section the term “drainage” means rain-fall, surface and subsoil water only, and “sewage” means domestic and manufacturing filth and refuse. No city, town or village, and no person, firm or corporation shall establish any system of drainage, sewerage, or water supply until the same shall have been approved in writing by the state health commissioner; and any municipality, person, firm or corporation which shall violate the requirements of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, fined not less than one hundred nor more than five hundred dollars.(1919, c. 96, §6a; Code 1923, c. 150, §6a.)

§8. Supervision of State Tuberculosis Sanitariums ; Suppression of Tuberculosis.—The state department of health shall have the advisory medical supervision of the Hopemont, m Rutherford and Denmar sanitariums, and the state board of control shall have the control of the business and fiscal affairs thereof. The director of the division of communicable diseases, under the supervision of the commissioner of or health, shall encourage measures for the suppression of tuberculosis, such as clinics, camps, openair schools, sanitariums, district nursing, antituberculosis societies, diffusion of knowledge, and other means.(1915, c. 11, §11; Code 1923, c. 150, §4.)

§9. State Laboratory; Branches.—The state department of health may establish and maintain a state hygienic laboratory as an aid in performing the duties imposed upon the depart ment by law, and may employ necessary chemists, bacteriologists, employees and agents. The commissioner of health may, with the advice of the public health council, establish branches of the state laboratory at such points, within the State as he may deem necessary in or the interest of the public health.(1881, c. 60, n §16; 1882, c. 93, §16; 1913, c. 24, §16; 1915, c. d 11, §13; Code 1923, c. 150, §§5, 16.)

§10. Expenditures of State Department of Health.—The state department of health shall have power to expend annually, for the purpose of performing the duties imposed or authorized al by law, such sum as may be appropriated by the legislature for its use. The commissioner of health shall audit all bills, which shall be made out in due form and verified by the members of the public health council, directors of divisions, employees or agents rendering service or incurring expenses or traveling in the performance of the duties of their offices or employments. Such bills, when approved by the governor, shall be paid out of the state treasury.(1881, c. 60, §16; 1882, c. 93, §16; 1913, c. 24, §16; Code 1923, c. 150, §16.)

§11. Disposition of Moneys Received by State Commissioner of Health; Report to Auditor.—The state commissioner of health, as secretary of the public health council, shall receive and account for all moneys required to be paid to the state public health council as fees for examining, licensing or registering applicants for license or registration, pursuant to the provisions of chapter thirty of this Code, and shall pay such moneys into the state treasury monthly, on or before the tenth day of the month succeeding the month in which such moneys were received. The commissioner of health shall, on the first days of January and July in each year, or within five days thereafter, certify to the state auditor a detailed statement of all such moneys received by him during the preceding six months. Any commissioner of health who shall fail to comply with the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined for each offense not less than fifty nor more than two hundred dollars.(1881, c. 60, §§17, 18; 1882, c. 93, §17; 1895, c. 7, §17; Code 1923, c. 150, §17.)

§12. Authority of State Health Officers to Administer Oaths and Take Affidavits.—The commissioner of health, other members of the state public health council, and directors of divisions shall have power to administer oaths and take and certify affidavits in any matter or thing pertaining to the business of the state department of health.(1882, c. 93, §18; Code 1923, c. 150, §18.)

§13. Appeals From Orders of Public Health Council.—Any person aggrieved by any order of the public health council or of any of its officers or agents may, within thirty days from the time such order takes effect, appeal to the circuit court of the county wherein his property rights or personal liberties have been affected.(1915, c. 11, §13; Code 1923, c. 150, §5.)

§1. County and Municipal Health Officers; County Board of Health; Reports by Physicians.—It shall be the duty of the state public health council, upon the recommendation of the county court of the county, to appoint in each county of this State a legally qualified physician, who shall be known as the county health officer. It shall also be the duty of the public health council, upon the recommendation of the municipal council or other governing body of any municipality, to appoint in such municipality a legally qualified physician, who shall be known as the municipal health officer: Provided, however, That no municipality organized and existing without a special charter from the legislature and located within a county which maintains a full-time county health officer, shall appoint a part-time municipal health officer. The county and municipal health officers in office on the date this Code becomes effective shall unless sooner removed, continue to serve until their respective terms expire, and until the successors have been appointed and have qualified. Beginning on the first day of July nineteen hundred and thirty-three, and on the first day of July of each fourth year there after, a county health officer shall be appointed as aforesaid to serve for a term of four years, unless sooner removed by the said county court or by the public health council. Beginning on the first day of July, nineteen hundred and thirty one, and on the first day of July of each alternate year thereafter, a municipal health officer shall be appointed as aforesaid to serve for term of two years, unless sooner removed by the said municipality or by the public health council. Should the public health council fail to confirm the nomination of the person recommended as county or municipal health officer, or should the public health council or the county or municipal authority remove any such officer, another nomination shall at once be made to the public health council by the nominating authority.

The county health officer shall receive an official salary of not less than three hundred dollars per annum, and such other amount the county court may add for additional service and actual necessary traveling expenses, unless for work specially done under orders of the state department of health. The salary of the county health officer shall be paid out of the treasury of the county. It shall be the duty every practicing physician to report to the municipal health officer, where there is such official, immediately on diagnosis, every case communicable or infectious disease that may arise or come under his treatment within the municipality, and to the county health official cases occurring outside of the municipality, an also, where there is no municipal health office cases occurring within such municipality. The health officer receiving such reports shall make to the state health department a weekly report of all such cases, stating the number of each kind of disease reported, the action taken arrest the infection, and the result.

The county health officer together with the president of the county court and the prosecuting attorney shall constitute the county board of health, of which the county health officer shall be the executive officer. The county board of health shall exercise all the powers, and enforce all the rules and regulations of the state public health council, so far as applicable to such county. In a county which has a full-time county health officer, the jurisdiction of the county board of health and of the county health officer shall be coextensive with the county, and shall include every city, town and village therein which does not have a full-time health officer of its own, but shall not include any city, town or village therein which has such full-time health officer. But in a county which has a part-time health officer only, the jurisdiction of the county board of health and of such part-time health officer shall not extend to any city, town or village therein having a full-time or part-time health officer of its own. All county and municipal boards of health and health officers shall be secondary to the state public health council, and subject to all orders of such public health council, which may, if deemed expedient, act through the county and municipal boards.

Any failure to comply with any of the provisions of this section shall constitute a misdemeanor, and, upon conviction thereof, the offender shall be fined not more than one hundred dollars.(1881, c. 60, §6; 1882, c. 93, §6; he 1887, c. 64, §6; 1907, c. 66, §6; 1913, c. 24, §6; pal 1919, c. 96, §6; Code 1923, c. 150, §6.)

§2. Full-Time County and Municipal Health Officers; Full-Time Public Health Nurse; Levy.—The county court of any county or the municipal council or other governing body of any municipality shall have the power and such authority to provide for a full-time county or to municipal health officer and the expenses of his administration, and for that purpose may levy he a county or municipal tax, as the case may be, of not exceeding three cents on each one hundred of dollars’ assessed valuation of the taxable property in such county or municipality according of to the last assessment thereof. Such health office shall be a legally qualified physician, and shall be nominated and appointed in the manner provided in section one of this article. He shall devote his entire time to the duties of his office in protecting and supervising the general health and sanitation of his county or municipality, including medical attendance by the county health officer upon the indigent of the county in the infirmary, and shall perform such duties in relation thereto as may he prescribed by order of the county court or ordinance of the municipality duly entered or enacted, or by order of the state public health council.

The county court of any county or the municipal council or other governing body of any municipality which has not provided for a full- time health officer, may provide for a full-time public health nurse and the expenses of her administration, and for that purpose may levy a county or municipal tax, as the case may be, of not exceeding two cents on each one hundred dollars’ assessed valuation of the taxable property in such county or municipality according to the last assessment thereof. Such public health nurse shall be a legally qualified nurse suitably trained in sanitary science and her qualifications shall be satisfactory to the state public health council. She shall be nominated and appointed in the manner provided in section one of this article. She shall devote her entire time to the duties of her office in protecting and supervising the general health and sanitation of her county or municipality, and shall perform such duties in relation thereto as may be prescribed by order of the county court or ordinance of the municipality duly entered or enacted, or by order of the state public health council.(1919, c. 96, §3a; Code 1923, c. 150, §3a; 1925, c. 25, §3a.)

§3. Counties May Combine in Employment of Officers and Installation and Maintenance of Equipment.—Any two or more counties may combine to cooperate with the state department of health, either by special vote or by vote of their respective boards of health, and participate in the employment of trained health officers and other agents or in the installation and maintenance of a common laboratory and other equipment. Whenever such counties shall decide so to cooperate and shall appropriate a sum or sums of money for such joint or cooperative action, a sum equal to two-fifths of the total amount contributed by the cooperating counties shall be added thereto from the appropriation made for the state department of health: Provided, That the general plan of cooperation, as well as the principal health officer, executive agent or laboratory director employed by such counties, shall first have been approved by the public health council.(1915, c. 11, §13; Code 1923, c. 150, §5.)

§4. State Health Department May Supplant Local Health Authority; Removal of Delinquent Local Officer.—When, in the opinion of the public health council, any local health authority shall fail or refuse to enforce necessary laws and regulations to prevent and control the spread of communicable or infectious disease declared to be dangerous to the public health, or when, in the opinion of the said council, a public health emergency exists, the commis sioner of health may enforce the rules and regu lations of the state department of health within the territorial jurisdiction of such local health authorities, and for that purpose shall have and may exercise all the powers given by law to local health authorities. All expenses so in curred shall be a charge against the counties, cities, or towns concerned. And in such cases the failure or refusal of any local health officer or local health body to carry out the lawful orders and regulations of the public health council shall be sufficient cause for the removal of such local health officer or local health body from office, and upon such removal the proper county or municipal authorities shall at once nominate a successor, other than the person removed, as provided by law.(1915, c. 11, §9; Code 1923, c. 150, §3.)

§1. State Department of Health May Establish Quarantine and Control Epidemics.—The state department of health is empowered to establish and strictly maintain quarantine a such places as it may deem proper, and forbid and prevent the assembling of the people in an place, when the public health council or the state commissioner of health or any county or muncipal health officer deems that the public health and safety so demand, and may adopt rule and regulations to obstruct and prevent the introduction or spread of smallpox or other communicable or infectious diseases into or within the State, and shall have the power to enforce these regulations by detention and arrest, necessary. It shall have power to enter into any town, city, factory, railroad train, steam boat, or other place whatsoever, and enter upon and inspect private property for the purpose of investigating the sanitary and hygienic condtions and the presence of cases of infectious diseases, and may, at its discretion, take charge of any epidemic or endemic conditions, and en force such regulations as it may prescribe. A expenses incurred in controlling any endemic or epidemic conditions shall be paid by the county or municipality in which such epidemic occurs.(1881, c. 60, §5; 1882, c. 93, §5; 188 c. 64, §5; 1913, c. 24, §5; 1915, c. 11, §7; 191 c. 96, §2; Code 1923, c. 150, §2.)

§2. Powers of County and Municipal Boards of Health to Establish Quarantine; Penalty for Violation.—The county board of health of any county may declare quarantine therein, or any particular district or place therein, whenever in their judgment it is necessary to prevent the spread of any communicable or infectious disease prevalent therein, or to prevent the introduction of any communicable or infectious disease prevailing in any other state, county or place, and of any and all persons and thing likely to spread such infection. As soon as such quarantine is established such board shall, in writing, inform the state commissioner of heal thereof, whose duty it shall be to ascertain, soon as practicable, the necessity therefor, if any exists, and if he finds that no such necessity exists, he shall declare the same raised. The said county board of health shall have power and authority to enforce such quarantine until the same is raised as aforesaid, or by themselves, and may confine any such infected person, or any person liable to spread such infection, to the house or premises in which he resides, or if he has no residence in the county at a place to be provided by them for the purpose; and if it shall become necessary to do so, they shall summon a sufficient guard for the enforcement of their orders in the premises. Every person who shall fail or refuse to comply with any order made by such board under this section, and every person summoned as such guard who shall, without a lawful excuse, fail or refuse to obey the orders and directions of such board in enforcing said quarantine, shall be guilty of a misdemeanor, and for each of offense shall be fined not less than twenty-five nor more than two hundred dollars. In cases of in emergency or of actual necessity, and when the court or corporate authorities are from any cause unable to meet or to provide for the emergency or the necessity of the case, all actual expenditures necessary for local and county on quarantine, as provided for in this section, shall of be certified by the county board of health to the county court, and the whole, or as much thereof as the said court may deem right and proper, shall be paid out of the county treasury. The board of health of any city, town or village shall have, within the municipality, the same powers and perform the same duties herein he conferred upon and required of the county board of health in their county. So far as applicable the provisions of this section shall apply to any quarantine established and maintained by the state department of health pursuant to section of one of this article.(1881, c. 60, §7; 1882, c. 93, is §7; Code 1923, c. 150, §7.)

§3. Communicable Diseases on Vessels or Trains.—The state department of health, its as agents and employees, and the local boards of health, in the absence of the state department, its agents and employees, when they have reason to believe that any steamboat or other watercraft navigating the Ohio River or its tributaries in this State, or any other of the waters of the State, or bordering thereon, is infected with any communicable disease, may prevent the landing of such boat or craft at any point in this State. They may also, if they have ty, reason to believe that any railroad train, coach or other vehicle passing on or along any railroad in this State, contains any person having a communicable disease or any thing infected with contagious matter, detain such train, coach or vehicle at any station or point on such rail road where it can be done with safety, for a time sufficient to examine the same, and if found to be so infected, for a time sufficient to disinfect the same; and if the conductor or person in charge of such train, coach or vehicle, shall willfully fail or refuse to stop the said train, coach or vehicle for the time aforesaid, he shall be guilty of a misdemeanor and punished as prescribed in section two of this article.(1881, c. 60, §8; 1882, c. 93, §8; Code 1923, c. 150, §8.)

§4. Compulsory Vaccination; Offenses; Penalties.—The county court of any county or the municipal council or other governing body of any city, town or village in this State, whenever in their judgment it is necessary to prevent a smallpox epidemic, may, by an order or ordinance duly adopted, direct and enforce compulsory vaccination of any person or persons with in their respective jurisdictions. Any person refusing to be vaccinated when so directed, and who cannot give satisfactory proof of having been vaccinated previous to that time, or a certificate from a reputable physician showing that a successful vaccination upon his or her body is impossible or improper, or sufficient reason why it has not been done, shall be placed under quarantine as directed by section two of this article. When such vaccination shall be directed as herein provided, no child or person residing in a locality in which an epidemic is prevailing shall be admitted to or received into any of the public schools of said county, city, town or village, as the case may be, who cannot produce a certificate or satisfactory proof showing a successful vaccination, or a certificate from a reputable physician showing that a successful vaccination upon his or her body is impossible or improper, or sufficient reason why it has not been done, and the trustees or other officers having charge, management or control of such school shall cause the provisions of this section to be enforced when so directed by the county court or municipal council, as the case may be.

For the purpose of the enforcement of this section the county court or municipal council may appoint competent physicians in such county, city, town or village, and fix their compensation, but such compensation for each successful vaccination, as herein provided, shall in no case exceed twenty-five cents, and no compensation shall be allowed for any unsuccessful vaccination. Such physicians shall provide them selves with good and reliable vaccine virus with which to vaccinate such persons; and such physicians so appointed, or any competent reliable physician who shall do vaccine work, shall give to any person or child a certificate, free of charge, when such person or child has been successfully vaccinated by him, or to any person or child whom he knows to have been success fully vaccinated, when such person or child demands such certificate. If any physician shall give any person a false certificate of vaccination, he shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty nor more than one hundred dollars. The expenses incurred in carrying into effect the provisions of this section shall be deemed a part of the expenses of the county, city, town or village, as the case may be, and shall be charged and paid in the same manner as other county or municipal expenses. Any violation of this section shall be a misdemeanor, and, except as herein otherwise provided, shall be punished by a fine of not less than ten nor more than fifty dollars.(1887, c. 64, §21; 1905, c. 58, §21; Code 1923, c. 150, §21.)

§5. Free Serum or Vaccine Preventives Disease.—The state commissioner of health shall purchase vaccine lymph, diphtheria anti toxin, tetanus antitoxin and such other form of serum or vaccine preventatives of disease as he may deem necessary, and shall distribute the same, free of charge, in such quantities as he may deem necessary, to county and municipal health officers, to be used by them for the benefit of, and without expense to the indigent poor within their respective jurisdictions, and in other cases where it may be urgently necessary to check contagions and control epidemics.

The state commissioner of health shall also deliver, free of charge, to such drug stores or other stores within each county as the health officer of such county may designate as proper depositories, such quantities of diphtheria antitoxin as said commissioner may deem necessary for the use of the indigent poor of such county and such antitoxin shall be kept at said drug stores or other stores at all times and in sufficient quantities to permit immediate delivery to any licensed physician who may require the same for the treatment of any indigent person infected with diphtheria, or to prevent such infection, without cost to the patient so treated. The state commissioner of health shall take receipt from the proprietor of each drug store or other store for any antitoxin delivered a herein provided.

The auditor of the State shall pay the actual cost of all said serum and vaccine preventive and the cost of delivering said diphtheria antitoxin to any drug store or other store, upon the presentation of the original invoices thereof, duly verified by affidavit and approved by the state health commissioner, and shall in addition pay to said drug stores or other stores for delivery of said diphtheria antitoxin to the physicians aforesaid, a commission of ten percent of the original cost of said antitoxin so delivered.(1913, c. 24, §5; 1915, c. 11, §7; 1919 c. 96, §2, c. 10, §§1, 2; Code 1923, c. 150, §§2 21a, 21b.)

§6. Nuisances Affecting Public Health.—The state commissioner of health or any county or municipal health officer shall inquire into and investigate all nuisances affecting the public health within his jurisdiction; and any such officer or the county court of any county or any municipality is authorized and empowered to apply the circuit court of the county in which any such nuisance exists, or to the judge thereof in vacation, for an injunction forth with to restrain, prevent or abate such nuisance.(1915, c. 11, §8; 1919, c. 96, §2; Code 1923, c. 150, §2.)

§7. Inflammation of the Eyes of the New-Born.—Any inflammation, swelling, or unusual on redness in either one or both eyes of any infant, either apart from, or together with any unnatural discharge from the eye or eyes of such a infant, independent of the nature of the infection, if any, occurring at any time within two as weeks after the birth of such infant, shall be known as ‘ ‘ inflammation of the eyes of the al new-born” (ophthalmia neonatorum).[1919, c. 125, §1; Code 1923, c. 150, §31(1).]

§8. Same; Duty of Those Assisting at Childbirth to Report Cases; Treatment.—It shall be by the duty of any physician, surgeon, obstetrician, midwife, nurse, maternity home or hospital of any nature, parent, relative and persons attendant on or assisting in any way whatso r ever any infant, or the mother of any infant, at childbirth, or at any time within two weeks, after childbirth, knowing that the condition, described in the preceding section exists, immediately to report such fact in writing to the local health officer of the county or municipality within which the infant or the mother of any infant may reside. In the event of there of being no health officer in such county or municipality, the nurse or midwife in attendance shall immediately report the condition to some qualified practitioner of medicine and there upon withdraw from the case except as she may act under the physician’s instructions. On receipt of such report, the health officer, or the physician notified by a midwife where no health to officer exists, shall immediately give to the parents or persons having charge of such infant a warning, of the dangers to the eye, or eyes, of said infant, and shall for indigent cases provide the necessary treatment at the expense of said county or municipality.[1919, c. 125, §2; Code 1923, c. 150, §31(2).]

§9. Same; Duties of Local Health Officer.—It shall he the duty of the local health officer to investigate, or have investigated, every such case reported to him in pursuance of law, and any other cases that may come to his attention; to report all cases of inflammation of the eyes of the new-born and the result of all such investigations as the public health council shall direct; and to conform to such other rules and regulations as the public health council shall promulgate for his further guidance.[1919, c. 125, §5; Code 1923, c. 150, §31(5).]

§10. Same; Use of Silver Nitrate Drops as Prophylactic; Birth Report.—It shall be unlawful for any physician, or midwife practicing midwifery, to neglect or otherwise fail to instill or have instilled, immediately upon its birth, in the eyes of the new-born babe, one or two drops of a one per cent solution of silver nitrate, furnished by the public health council. Every physician or midwife shall, in making a report of a birth, state whether or not the above solution was instilled into the eyes of said infant.[1919, c. 125, §§3, 4; Code 1923, C. 150, §31(3) (4).]

§11. Same; Duty of Clerk of County Court.—It shall be the duty of the clerk of the county court of each county, on or before the fifteenth day of each month, to certify to the prosecuting attorney of his county all reports of births filed during the preceding calendar month which fail to show that the solution hereinbefore provided for was instilled.[1919, c. 125, §7; Code 1923, c. 150, §31(7).]

§12. Same; Duties of Public Health Council.—It shall be the duty of the public health council: (a) To enforce the provisions of sections seven to thirteen, inclusive, of this article; (b) To promulgate such rules and regula tions as shall be necessary for the purpose of enforcing said provisions, and such as the public health council may deem necessary for the further and proper guidance of local health officers; (c) To provide for the gratuitous distribution of one per cent solution of silver nitrate outfits, together with proper directions for the use and administration thereof, to all physicians and midwives who may be engaged in the practice of obstetrics, or assisting at childbirth; (d) To publish and promulgate such further advice and information concerning the dangers of inflammation of the eyes of the new-born as is necessary for prompt and effective treat ment; (e) To furnish copies of sections seven to thirteen, inclusive, of this article to all physicians and midwives who may be engaged in the practice of obstetrics, or assisting at childbirth; (f) To keep a proper record of any and all cases of inflammation of the eyes of the new born that shall be filed in the office of the public health council in pursuance of this law, and that may come to their attention in any way, and to constitute such records a part of the annual report to the governor; (g) To report any and all violations of said provisions that may come to their attention to the prosecuting attorney of the county where in said misdemeanor may have been committed, and to assist said official in any way possible, as bv securing necessary evidence, et cetera.[1919, c. 125, §6; Code 1923, c. 150, §31(6).]

§13. Same; Offenses; Penalties.—Whoever, being a physician, surgeon, midwife, obstetrician, nurse, manager or person in charge of a maternity home or hospital, parent, relative, or person attending upon or assisting at the birth of an infant, violates any of the provisions of sections eight or ten of this article, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten or more than fifty dollars.[1919., c. 125, §8; Code 1923, c. 150, §31(8).]

§1. Venereal Diseases; Definition and Nature; Prostitution.—Syphilis, gonorrhea, and chancroid, herein designated as venereal diseases, are hereby declared to be infectious, contagious, communicable, and dangerous to the public health. Prostitution is hereby declared to be prolific source of such diseases; and the repression of prostitution is hereby declared to be health measure.[1921, c. 138, §1; Code 1923 c. 150, §32(1).]

§2. Investigations by Local Health Officers.—It shall be the duty of all municipal and county health officers to use every available means to ascertain the existence of, and to investigate all cases of, syphilis, gonorrhea, an chancroid, coming within their respective jurisdictions, and, when it is necessary, have all such cases treated, if they are not already under treatment, and to ascertain the sources of such infection, and to institute measures for the protection of other persons from infection by such venereally infected person, or from persons reasonably suspected of being so infected, and for the protection of the public health at all times and to this end said health officer, if he be municipal health officer, may designate an member of the city police or health department to make any investigation contemplated here under; and, if a county health officer, he ma designate any discreet person to do so; an while such persons are conducting such investigations they shall have all authority necessary for the purpose, the same as the health officer himself.[1921, c. 138, §2; Code 1923 c. 150, §32(2).]

§3. Medical Clinics and Detention Houses.—In order to carry out the provisions of the last section, any health officer may, if he be municipal health officer, with the consent of the municipal council or other body having proper authority, or if he be county health officer, with the consent of the county commissioners or other tribunal, establish, either independently or in cooperation with other agencies, one or more medical clinics within their respective jurisdictions, and may also, with like consent, establish or provide one or more places for detention and quarantine of such persons as of may come within the purview of this article.[1921, c. 138, §3; Code 1923, c. 150, §32(3).]

§4. Evidence of Infection.—The following shall be prima facie grounds and reasons for suspecting that such persons are infected with a venereal disease, that is, with syphilis, goneorrhea or chancroid:

(a) Being a common prostitute, that is, a person commonly reputed in the neighborhood where he or she lives as practicing promiscuous sexual intercourse, whether such person be male or female;

(b) Being a person known to be associating with prostitutes;

(c) Being a person who has been convicted in any court, or before a police judge, or before a justice of the peace, upon any charge growing, out of sex-immorality, such as keeping a house of ill-fame or bawdy house, or loitering in any such house, or of street-walking, fornication or adultery;

(d) Being a person heretofore arraigned upon any charge as set out in the last subsection, where the evidence does not justify a conviction but does raise the inference that such s person is infected with a venereal disease;

(e) Being a person heretofore reported by er a physician as infected with a venereal disease, where such person is afterwards reported as having failed to return for treatment;

(f) Being a person designated in a venereal disease report as the source of such infection or of the person reported.[1921, c. 138, §4; Code s, 1923, c. 150, §32(4).]

§5. Examination of Convicts.—When any person has been tried and convicted in any pro-lice court, or in any criminal or circuit court, or before a justice of the peace, upon any charge or offense growing out of sex-immorality, such as has been set out in the last preceding section, said person shall not be released from custody by the judge, justice, or police officer, trying the case until the local health officer having proper jurisdiction has been notified and has had time to make all necessary tests and examinations to ascertain whether in fact such person is infected with a venereal disease, and all necessary expenses for holding such person of in custody pending examination and treatment, if needed, shall be a proper charge against the municipality, if the offense was committed within it, or against the county in which the offense was committed, if committed outside of a municipality; and every municipality, whether it be a county seat or not, shall be liable under this section.[1921, c. 138, §5; Code 1923, . 150, §32(5).]

§6. Reports by Physicians.—It shall be the duty of every practicing physician or other person who makes a diagnosis in, or treats a case of, syphilis, gonorrhea, or chancroid, to make two reports of the case, as follows: One report shall be made to the local municipal health officer, if the party for whom the diagnosis was made or case treated lives within any municipality having a health officer, and if the municipality has no health officer, or if the party lives outside of a municipality, then to the health officer of the county in which such person lives; the second report shall be made to the director of the bureau of venereal diseases of the State. And every superintendent or manager of a hospital, dispensary, or charitable or penal institution in which there is a case of venereal disease shall report the same under like conditions.

The reports above required shall state the street number and address of the person reported as diseased, the age, sex, color, marital state and occupation of such person, the date of the onset of the disease, the source of infection, whether said disease is in an infectious stage, and whether the person reported is at the time of making report engaged in any occupation forbidden under this article and hereafter mentioned. The reports, when made out, shall be mailed or handed to the parties to whom they are directed to be made within forty-eight hours after a diagnosis is made or treatment started; and the municipal health officer or county health officer, as the case may be, shall file and preserve said reports, and they shall be open to inspection by the director of the bureau of venereal diseases of the State, or any proper person, an employee of said bureau, whose duties may be connected with the enforcement of laws against venereal diseases, by any member of the state public health council, and by local health officers, or officers whose duties are connected with executing the laws against these diseases.[1921, c. 138, §6; Code 1923, c. 150, §32(6).]

§7. False Report or Information.—Any physician or other person required to make reports of a venereal disease hereunder, or who is required to report the failure of any patient to return for further treatment, or who fails or refuses to make any such reports, or who knowingly reports a person under a false or fictitious name or address, or who makes any other statements on any report which he has reason to believe are untrue, shall be guilty of a misdemeanor, and shall be punished as hereinafter provided; and each report that should have been made, and each name that should have been given, and each address that should have been given, or have been wrongfully reported or given, shall be a separate offense; and a second conviction of a physician for failure to comply with any provision of this section shall be sufficient ground and reason for the state public health council to revoke the license of such physician. Any person suffering with a venereal disease, whose name is required to be reported hereunder, who gives to the physician or person required to make reports herein required a false or fictitious name or address, or who shall fail or refuse to answer any proper question required to be reported hereunder, or who makes any false statement in answer to any such question, shall be guilty of a misdemeanor, and shall be punished as hereinafter provided.[1921, c. 138, §7; Code 1923, c. 150, §32(7).]

§8. Blanks and Fees for Reports.—It shall be the duty of the local health officers to furnish report blanks to physicians or other persons who need them, for the purpose of making reports required to be made to them, and of the director of the bureau of venereal diseases to furnish blanks for reports to be made to the said bureau; and counties and municipalities may, if they choose, pay persons, for making such reports as are to be made to county and municipal health officers, the sum of not to exceed twenty-five cents for each report so made.[1921, c. 138, §8; Code 1923, c. 150, §32(8).]

§9. Treatment.—It shall be the duty of every physician or other person who examines or treats a person having syphilis, gonorrhea, or chancroid, to instruct said person in measures for preventing the spread of such disease, and to inform him of the necessity of taking treatment until cured, and all such persons who were examined and found infected, or are being treated as above set out, shall follow such directions and take such precautions as are necessary and are recommended, and every per son starting to take treatment shall continue such treatment until discharged by said physician or other person treating him, and any failure to return for further treatment within ten days after the last date set by said physician or other person for said patient to return for further treatment, without lawful excuse therefor, shall be a misdemeanor and such person shall be punished as hereinafter provided. After the ten days mentioned above for the patient to return for treatment shall have expired, the physician or other person to whom said patient should have returned for treatment shall, unless he has knowledge of good reasons why said patient failed to return, make a report of the facts in the case to the local health officer having proper jurisdiction, and said local health officer shall at once make an investigation to ascertain why said patient failed to return, and shall take any steps necessary in the matter to protect the public health and to this end he may arrest, detain and quarantine said patient so failing to return for treatment.[1921, c. 138, §9; Code 1923, c. 150 §32(9).]

§10. Minors.—Whenever a venereal disease report shows that the person infected is minor, the local health officer to whom the report is made shall at once notify the parent of such minor of the facts appearing upon the report, or the guardian, if there are no parents and if the minor be under eighteen years of age, said local health officer may notify the judge of the juvenile court, or other court having jurisdiction, and if the parents or guardian fail or refuse to assist in controlling the minor and securing treatment therefor, and if, after five days from the time said parents or guardian should have received said notice, nothing has been heard from them, said local health officer shall take any other steps necessary to protect the public health.[1921, c. 138, §10 Code 1923, c. 150, §32(10).]

§11. Precautions as to Exposure Disease.—Whenever any attending physician or other person knows or has good reasons to believe that any person having syphilis, gonorrhea or chancroid, is so conducting himself or herself, or is about to so conduct himself or herself, in such manner as to expose other persons to infection, such physician or other person shall at once notify the local health officer having jurisdiction of the facts in the case, giving the name and address of the party; and said local health officer upon receipt of such notice shall at once cause an investigation to be made to ascertain what should be done in the premises, and may do whatever is necessary to protect the public health.[1921, c. 138, §11; Code 1923, c. 150 §32(11).]

§12. Persons Not Under Treatment.—Whe a venereal disease report shows the person is suffering with such disease in an infectious stage, and is not under treatment, the local health officer shall at once investigate and ascertain whether such person so reported is a conducting himself so as to expose others to infection, and shall take such action as is necessary to protect the public health, and may arrest, detain and quarantine such person if necessary.[1921, c. 138, §12; Code 1923, c. 150, §32(12).]

§13. Sources of Infection.—Whenever it shall appear from any venereal disease report made by a physician, or other person, or otherwise, or whenever other reasonable facts are brought to the attention of any local health officer having proper jurisdiction which show that any hotel, boarding house, rooming house, or other house, place or thing is the source of infection of a venereal disease, without such report or other facts showing the particular person or thing therein as the source of such infection, then the local health officer shall at once notify the owner, proprietor or person operating, running or managing said hotel, boarding house, rooming house, or other house, or place, of the essential facts in the case; and of the place reported as being the source of such infection be a place or house, commonly reputed in the neighborhood to be a house or place of prostitution, or house or place of like or character or kind, or is commonly known to be such by the police of the city (if in any municipality), then the proprietor, manager or operator of such house and all the inmates therein shall be apprehended and dealt with the same as other persons are arrested, detained, examined, quarantined, and treated, if found infected with a venereal disease.[1921, c. 138, §13; Code 1923, e. 150, §32(13).]

§14. Issuance of Warrant or Order as to Custody.—Upon receipt of a written report or of any other reliable information by the local, health officer that any person infected with a venereal disease in an infectious stage is conducting himself, or herself, or is about to conduct himself or herself, so as to infect others, or expose others to infection; or that a person infected with a venereal disease under treatment; or that any person is a prostitute, or person associating with prostitutes, and is reasonably suspected of being infected, or of conducting himself or herself so as to infect others; or that a person has been convicted in any court or municipality, or before a justice of the peace, of an offense growing out of sex-immorality; or that a person is being held by, any court, municipality, or justice of the peace, pending an examination for a venereal disease; or that a certain us person has been reported in a venereal disease report as the source of a venereal disease; or when any other facets are brought to the attention of the local health officer having proper jurisdiction, showing that any person is reasonably suspected of being infected with a venereal disease, or is about to conduct himself or herself so as to infect others, said health officer shall at once issue his warrant or order, if the party be not already in custody, and shall proceed as hereinafter provided.[1921, c. 138, §14; Code 1923, c. 150, $32(14).]

§15. Form and Execution of Warrant.—Such warrant or order mentioned in the preceding section shall be directed to the chief of police if within a municipality, or to any sheriff or constable if without, or to any other officer qualified to execute process, directing said officer to apprehend the person mentioned therein, and to bring said party before the said health officer at a time and place set out in the warrant or order, there to be further dealt with as provided by law; and said officer to whom the warrant is directed shall execute the same as are other papers of like character or kind. And pending a hearing in the matter said officer may for safe-keeping, lodge said person so apprehended under warrant, in jail, or in any other place of detention that may have been provided for such persons; but the health officer may by indorsement on the warrant at the time of its issuance direct any other disposition to be made of the person arrested, before trial, as to him shall appear proper, and said officer executing the warrant shall be guided thereby, but said officer shall not be held responsible should the person arrested escape. Said warrant above required to be issued shall be sufficient if it is in words and figures as follows (the blanks to be filled as necessary in each case):

[1921, c. 138, §15; Code 1923, c. 150, §32(15).]

§16. Hearing on Warrant; Detention.—When a party is brought in for a hearing upon arrest under the warrant provided in the preceding section, the health officer shall at once proceed to ascertain the facts in the case, and to this end he may summon witnesses, and administer oaths to such witnesses touching their testimony, and may commit for contempt for failure to answer proper questions, and may, if proper, discharge the party from further custody; but if from the testimony it appears that the party so apprehended is properly classifiable under any subdivision of section four of this article, touching persons reasonably suspected of being infected with a venereal disease, then such party shall not be released from custody until proof has been made showing the party is already under treatment from a reputable physician, or other person, or until an examination has been made to ascertain whether in fact said party is so infected, and results of all tests and examinations are known, and shall make all orders touching the care, custody, and examination of the party as are reasonably necessary in the premises, and if it is found that said party is infected, then he may make any other orders that may be necessary touching the treatment of such party, and if said party is suffering with one or more venereal diseases in an infectious stage, said party shall not be released from custody until the diseases are past such infectious stage, and said party shall not be released and may be detained or quarantined in any place or institution provided for the purpose, or in the patient’s own home if the health officer thinks best; and if no other place is available for such purposes, then such party shall be detained in the city or county jail, as the case may be. And it shall be the duty of every city and every county in the State to take this contingency in hand when they are making up their estimates for taxation and levy purposes and to provide therefor.[1921, c. 138, §16; Code 1923, c. 150, §32(16).]

§17. Release from Detention.—If as a result of the tests and examination provided to be made in the preceding section, it is shown that the party so examined is suffering with a venereal disease, not in an infectious state, said party may be released from further detention upon signing the agreement herein required to be provided, and which agreement shall be signed by the persons who have become non-infectious under treatment and detention, but who have not been cured. All persons signing the agreement mentioned above shall observe its provisions; and any failure to do so shall be deemed a misdemeanor, and shall be punished as hereinafter provided. The agreement mentioned above shall be sufficient if in words and figures following, after the blanks have been filled to suit each individual case:

[1921, c. 138, §17; Code 1923, c. 150, §32(17).]

§18. Employment of Infected Person.—It shall be unlawful for any person having a venereal disease in an infectious stage to be engaged as a barber in any barber shop in the State, or to be engaged in any capacity in any bakery in the State, or to be employed at any hotel, restaurant, eating house, lunch counter, or other public place, as a cook, or cook’s helper, or as a waiter, or in any other capacity whatever, where he may come in contact with food about to be served; and it shall be the duty of every physician or other person reporting a case of venereal disease hereunder required, to state in said report whether or not said person so reported is so engaged, and if so, to give the place where such party is so employed; and it shall be the duty of the local health officer, upon receipt of a report showing a person is so engaged, at once to notify the party to discontinue such employment; and if said party so notified fails or refuses to discontinue such employment within twenty-four hours after notice, then the party or parties employing said infected person shall be notified of the fact, and if such employer fails or refuses to take steps to have such infected person discontinue work within twenty-four hours after receiving notice from the health officer, he shall be guilty of a misdemeanor, and every twenty-four hours thereafter that such infected party continues in the employment of said employer shall be a separate offense upon the part of said employer. In the meantime said health officer may, if the infected party is not under treatment, have the infected person ar rested, detained and quarantined, or otherwise dealt with as may seem best to said health officer.[1921, c. 138, §8; Code 1923, c. 150, §32(18).]

§19. Voluntary Submission to Examination and Treatment.—Any resident of the State may at any time report to any municipal or county health officer having jurisdiction of the case, and voluntarily submit himself to all tests and examination as are necessary to ascertain whether in fact the person submitting himself for examination is infected with a venereal disease; and said health officer to whom any party has applied as above for tests and examination shall provide for making all such tests and examinations as are necessary to ascertain whether in fact said party so applying be so infected with a venereal disease. If such tests and examinations show said party so applying to be so infected, then said party shall elect whether he will take treatment of a private physician, or whether he will take treatment to be provided by the health officer through a clinic or otherwise, and if he elects to take treatment through the local health officer’s arrangement, he may be required to pay for such treatment at a charge which shall in no case exceed the sum of five dollars for each dose of “neo” or arsphenamine administered for syphilis, and at a nominal cost for other medicines used; but if the patient is unable to pay anything, he shall be treated free of charge under the direction of the local health officer, at a clinic or otherwise. All proper charges for such examination and treatment as may be necessary hereunder shall be a proper charge against the municipality or county, as the case may be, whether said party so taking treatment lived in or out of a municipal corporation. And whether said person proposing to take treatment as provided hereunder elect to take from a private physician or elect to take treatment under the direction of the local health officer, he shall first sign the agreement required to be signed by persons about to be released from detention or quarantine, and shall observe all its provisions, and so long as such person so signing shall so observe these provisions he need not be detained or quarantined pending treatment, except that no person who is known as a prostitute, or as a person associating with such, or as a person who resides in any house having the reputation of being a house of prostitution, or who frequents the same, shall be allowed at liberty if infected with a venereal disease in an infectious stage, even though he does voluntarily, submit for examination and treatment and does take treatment under the provisions of this section.

All money collected under this section shall be paid into a clinic fund, if one is provided, and if not then into the county or city treasury, as the case may be; and the local health officer having jurisdiction shall collect and account for such funds collected hereunder.[1921, c. 138, §19; Code 1923, c. 150, §32(19).]

§20. Communication of Disease; Certificate.—It shall be unlawful for any person suffering with an infectious venereal disease to perform any act which exposes another person to infection with said disease, or knowingly to infect or expose another person to infection with such disease; and no physician, health officer or other person shall give any certificate showing a person to be free from a venereal disease, but such certificate shall simply state the results of tests and examinations that may have been made, and what tests were made to arrive at the results stated.[1921, c. 138, §20; Code 1923, c. 150, §32(20).]

§21. Quarantine.—In establishing quarantine for a venereal disease under the provisions of this article, said health officer establishing said quarantine may confine any person infected, or reasonably suspected of having such venereal disease, or any other person liable to spread such disease, to the house or premises in which he lives, or he may require any such person to be quarantined in any other place, hospital or institution in his jurisdiction that may have been provided. And if no such place has been provided, then such person shall be confined in the county or city jail under a quar antine order, and such jails shall always be available for such purposes. But if such person is to be quarantined in his home, then said health officer shall designate the area, room, or rooms that such person is to occupy while so confined, and no one except the attending physician or his immediate attendants shall enter or leave such room or rooms so designated with out permission of said health officer, and no one except the local health officer shall terminate said quarantine, and this shall not be done un til the diseased person has become non-infectious as determined by thorough clinical tests, or permission has been given by the state public health council or by the director of the bureau of venereal diseases for the State. If, to make any quarantine effective as provided herein, it becomes necessary, the local health officer may summon a sufficient guard for the enforcement of his orders in the premises. And every per son who fails or refuses to obey or comply with any order made by said health officer hereunder, or under any other section concerning quarantine, and every person summoned as a guard who shall, without a lawful excuse therefor, fail or refuse to obey the orders and directions of the health officer in enforcement of said quarantine, shall be guilty of a misdemeanor, and shall be punished as hereinafter provided.[1921, e. 138, §21; Code 1923, c. 150, §32(21).]

§22. Physicians to Furnish Statement of Qualifications and Facilities for Treatment of Venereal Diseases.—It shall be the duty of every physician or other person in the State who proposes to treat or does treat venereal diseases herein, to file with the director of the bureau of venereal diseases of the State, upon a blank to be furnished by said director, a statement showing something of his preparation, experience and facilities in and for the treatment of such diseases; and if he fail or refuse to make such statement, or if he treat a patient for any of said diseases without first having made such statement, he shall be guilty of a misdemeanor, and shall be punished as hereinafter provided.[1921, c. 138, §22; Code 1923, c. 150, §32(22).]

§23. Cost and Expenses of Enforcement Joint Detention Places.—All costs and expenses necessary to reasonably carry out the provisions of this article; touching the care, custody, detention, and treatment of persons coming within the purview of its provisions, shall be a general charge against the municipalities or counties, as the case may be, unless special arrangements have been made to defray such expenses. Where conditions and locations are such that more economical results may be secured, one or more municipalities, or counties and municipalities, may join together and establish one or more places for treatment and detention, as may be arranged by the several parties concerned, and to be supported upon a basis to be determined between them, and when this agreement has been made a matter of record by each party thereto, funds may be levied and expended by the several parties in pursuance of such agreement.[1921, c. 138, §24; Code,1923, c. 150, §32(24).]

§24. Offenses by Druggists.—No druggist or other person, not a licensed physician under the laws of the State, shall prescribe, recommend, or sell to any person any drugs, medicines or other substances to be used for the cure or alleviation of syphilis, gonorrhea or chancroid, no matter whether said drugs, medicines or substances are patented or proprietary, or otherwise, or compound or mix any drugs, medicines or other compounds for any of said purposes aforesaid, except upon a written formula or order written for the person for whom the drugs or medicines are compounded and signed by a physician licensed to practice under the laws of the State. All drugs, medicines or substances that are commonly known to the medical profession as being commonly used for such purposes as aforesaid for the cure or alleviation of said diseases, whether the name is on the bottles or labels or not, shall be construed as coming within the prohibition above; and all drug stores shall be at all times open to the inspection of any local health officer, or to any party designated by the director of the bureau of venereal diseases of the State, to see whether the provisions of this Section are being carried out by said druggists or stores. A sale by a clerk shall also be considered as a sale by the owner or proprietor, and both may be prosecuted hereunder for a misdemeanor.[1921, c. 138, §23; Code 1923, c. 150, §32(23).]

§25. Venereal Disease Advertisement; Penalty; Exceptions.—Whosoever publishes, delivers or distributes or causes to be published, delivered or distributed in any manner whatsoever, in this State, any advertisement concerning a venereal disease, lost manhood, lost vitality, impotency, sexual weakness, seminal emissions, varicocele, self-abuse or excessive sexual indulgence, and calling attention to a medicine, article or preparation that may be used therefor, or to a person or persons from whom, or an office or place at which, information, treatment or advice relating to such disease, infirmity, habit or condition may be obtained, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred nor more than three hundred dollars, or imprisonment in the county jail not to exceed six months, or both, in the discretion of the court.

Nothing in this section shall be construed as to prevent legitimate and legal public notices, placards, etc., issued under the direction of the state department of health or as to prevent sending out literature by either the state department of health or the United States public health service.(1919, c. 73, §§1, 2, 3; Code 1923, c. 150, §13.)

§26. Offenses Generally; Penalties; Jurisdiction of Justices; Complaints.—Any person violating any provision of this article, where no other punishment is provided, shall be punished by a fine of not less than ten nor more than one hundred dollars, and may in addition thereto, at the discretion of the judge or justice trying the case, be imprisoned in jail for a period of not to exceed thirty days.

Justices of the peace shall have jurisdiction to try and determine all offenses arising under any provision of this article. Any citizen of the State may make complaint before a justice of any offense hereunder, and all proceedings g shall be in the name of the State, and security for costs shall not be required, nor shall costs be adjudged against complainant unless it appears that no reasonable grounds for making complaint existed, and only then when it is made to appear that complainant acted in bad faith.[1921, c. 138, §25; Code 1923, c. 150, §32(25).]

§1. Supervision by State Department of Health.—The state department of health shall have charge of the registration of births, deaths and marriages; shall prepare the necessary in structions, forms and blanks for obtaining and preserving the state records; and shall procure the faithful registration of the same in each primary registration district, as constituted in section three of this article, and in the central division of vital statistics at the capital of the State. The said department shall be charged with the uniform and thorough enforcement of the provisions of this article throughout the State.(1887, c. 64, §23; 1921, c. 137, §1; Code 1923, c. 150, §23.)

§2. Division of Vital Statistics; Supervision by State Commissioner of Health; State Registrar of Vital Statistics; Appointment.—The state commissioner of health shall have general supervision over the division of vital statistics, which shall be under the immediate direction of the state registrar of vital statistics, who shall be appointed by the state commissioner of health, with the advice of the public health council, and who shall be a medical practitioner of not less than five years’ practice in his profession and a competent vital statistician. The state registrar of vital statistics shall hold office for four years and until his successor has been appointed and has qualified, unless such office shall sooner become vacant by death, disqualification, operation of law, or other causes. Any vacancy occurring in such office shall be filled for the unexpired term by the state commissioner of health. At least ten days before the expiration of the term of office of the state registrar of vital statistics, his successor shall be appointed by the state commissioner of health. The state commissioner of health shall provide for such clerical and other assistants in the division of vital statistics as may be necessary for the purposes of this article. The custodian of the capitol shall provide for the division of vital statistics suitable offices in the state capitol at Charleston, which shall be properly equipped with fireproof vault and filing cases for the permanent and safe preservation of all official records made and returned under this article.(1921, c. 137, §2; Code 1923, c. 150, §24.)

§3. Registration Districts.—For the purposes of this article the State shall be divided into registration districts as follows: Each city, each incorporated town, and each magisterial district shall constitute a primary registration district for births and deaths, and each county shall constitute a primary registration district for marriages: Provided, That the state department of health may combine two or more registration districts for births and deaths, or divide such districts, when necessary to facilitate registration.(1921, c. 137, §3; Code 1923, c. 150, §25.)

§4. Local Registrars; Deputies; Subregistrars.—The state registrar shall appoint a local registrar of vital statistics for the registration of births and deaths in each registration district in the State. The term of office of each local registrar so appointed shall be four years and until his successor has been appointed and has qualified, unless such office shall sooner become vacant by death, disqualification, operation of law, or other causes: Provided, That in cities where health officers or other officials are, in the judgment of the state registrar, conducting effective registration of births and deaths under local ordinances, such officials may be appointed as registrars in and for such cities, and shall be subject to the rules and regulations of the state registrar, and to all of the provisions of this article. Any vacancy occurring in the office of local registrar of vital statistics for birth and deaths shall be filled for the unexpired term by the state registrar. At least ten days before the expiration of the term of office of any such local registrar, his successor shall be appointed by the state registrar. For the registration of marriages the county clerk of each county shall act as local registrar.

Any local registrar appointed for the registration of births and deaths, who, in the judgment of the state registrar of vital statistics fails or neglects to discharge efficiently the duties of his office as set forth in this article, or to make prompt and complete returns of births an deaths as required thereby, shall be forthwith removed by the state registrar, and such other penalties may be imposed as are provided under section twenty-three of this article.

Each local registrar for the registration of births and deaths shall, immediately upon hi acceptance of appointment as such, appoint deputy, whose duty it shall be to act in his stead in case of his absence or disability, and who may be removed by him; and such deputy shall in writing accept such appointment, and be subject to all rules and regulations governing local registrars. And when it appears necessary for the convenience of the people in any district the local registrar is hereby authorized, with the approval of the state registrar, to appoint one or more suitable persons to act as sub registrars, who shall be authorized to receive certificates and to issue burial or removal permits in and for such portions of the district a may be designated; and each subregistrar shall note, on each certificate, over his signature, the date of filing, and shall forward all certificate to the local registrar of the district within ten days, and in all cases before the third day of the following month. Each subregistrar shall be subject to the supervision and control of the state registrar, and may be by him removed for neglect or failure to perform his duty in accordance with the provisions of this article of the rules and regulations of the state registrar and shall be subject to the same penalties neglect of duty as the local registrar.(1921 c. 137, §4; Code 1923, c. 150, §26.)

§5. Burial or Removal Permit.—The body of any person whose death occurs in this State, or who shall be found dead therein, shall not be of interred, deposited in a vault or tomb, cremated, or otherwise disposed of, or removed from or into any registration district, or be temporarily held pending further disposition more than seventy-two hours after death, unless a permit for burial, removal, or other disposition thereof shall have been properly issued by the local registrar of the registration district in which the death occurred or the body was found. And no such permit shall be issued by any registrar until, wherever practicable, a complete and satisfactory certificate of death has been filed with him as hereinafter provided: Provided, That when a dead body is transported from outside to the State into a registration district in West Virginia for burial, or other disposition, the transit or removal permit, issued in accordance with the law and health regulations of the place where the death occurred, shall be accepted by the local registrar of the district into which the of body has been transported for burial or other disposition, as a basis upon which he may issue a local permit; he shall note upon the face of such permit the fact that it was a body shipped in for interment, or other disposition, and give all the actual place of death; and no local registrar shall receive any fee for the issuance of such permits under this article other than the compensation provided in section eighteen of this article.(1921, c. 137, §5; Code 1923, c. 150, th §27.)

§6. Registration of Stillbirth; Certificates.—A stillborn child shall be registered as a birth and also as a death, and separate certificates of both the birth and the death shall be filed with the local registrar, in the usual form and man of, the certificate of birth to contain in place be of the name of the child, the word “stillbirth”: Provided, That a certificate of birth and a certificate of death shall not be required for a child that has not advanced to the fifth month or of uterogestation or to a total length of ten inches. The medical certificate of the cause of or death shall be signed by the attending physician, if any, and shall state the cause of death as “stillborn,” with the cause of the stillbirth, if known, whether a premature birth, and, if born prematurely, the period of uterogestation, in months, if known; and a burial or removal permit of the prescribed form shall be required. Stillbirths occurring without attendance of a physician shall be treated as deaths without medical attendance, as provided for in section eight of this article.(1921, c. 137, §6; Code 1923, c. 150, §28.)

§7. Contents of Death Certificate.—The certificate of death shall contain the following items, which are hereby declared necessary for the legal, social and sanitary purposes subserved by registration records:

(a) Place of death, including state, county, district, village or city. If in a city, the ward, street and house number; if in a hospital or other institution, the name of the same to be given instead of the street and house number; if in an industrial camp, the name of the camp to be given;

(b) Full name of decedent. If an unnamed child, the surname preceded by “unnamed;”

(c) Sex;

(d) Color or race—as white, black, mulatto (or other negro descent), Indian, Chinese, Japanese or other;

(e) Conjugal condition—as single, married, widowed or divorced;

(f) Date of birth, including the year, month and day;

(g) Age, in years, months and days. If less than one day, the hours or minutes;

(h) Occupation. The occupation to be reported of any person, male or female, who had any remunerative employment, with the statement of:

(1) Trade, profession or particular kind of work;

(2) General nature of industry, business or establishment in which employed (or employer);

(i) Birthplace; at least state or foreign country, if known;

(j) Name of father: Provided, That if the child or person is illegitimate, the name or residence of or other identifying details relating to the father or reputed father shall not be entered without his consent, Provided further, That whenever a judgment has been entered determining the paternity of an illegitimate child, the clerk of the court where entered shall report the facts to the state registrar who shall record the name of the father and sufficient data to identify the judgment, in connection with the record of the death of the child appearing in his office. A report by the clerk of any court subsequently vacating such judgment shall be made and recorded in like manner;

(k) Birthplace of father; at least state or foreign country, if known;

(1) Maiden name of mother;

(m) Birthplace of mother; at least state or foreign country, if known;

(n) Signature and address of informant;

(o) Official signature of registrar, with the date when certificate was filed, and registered number;

(p) Date of death, year, month and day;

(q) Certification as to medical attendance on decedent, fact and time of death, time last seen alive, and the cause of death, with the contributory (secondary) cause of complication, if any, and duration of each, and whether attributed to dangerous or unsanitary conditions of employment; signature and address of physician or official making the medical certificate;

(r) Length of residence (for inmates of hospitals and other institutions, transients or recent residents) at place of death and in the State, together with the place where the disease was contracted, if not at the place of death, and former or usual residence;

(s) Place of burial or removal; date of burial;

(t) Signature and address of undertaker or person acting as such.

The personal and statistical particulars [items (a) to (m)] shall be authenticated by the signature of the informant, who may be any competent person acquainted with the facts. The medical certificate shall be made and signed by the physician, if any, last in attendance on the deceased, who shall specify the time in attendance, the time he last saw the deceased alive and the hour of the day at which the death occurred. And he shall further state the cause of death, so as to show the course of disease or sequence of causes resulting in the death, giving first the name of the disease causing death (primary cause) and the contributory (secondary) cause, if any, and the duration of each. Indefinite and unsatisfactory terms, denoting only symptoms of disease or conditions resulting from disease, will not be held sufficient for the issuance of a burial or removal permit; and any certificate containing only such terms, as defined by the state registrar, shall be returned to the physician or person making the medical certificate for correction and more definite statement. Causes of death which may be the result of either disease or violence shall be carefully defined; and, if from violence, the means of injury shall be stated, and whether (probably) accidental, suicidal, or homicidal. And for deaths in hospitals, institutions, or of nonresidents, the physician shall supply the information required under this head [item (r)], if he is able to do so, and may state where, in his opinion, the disease was contracted. The statement of facts relating to the disposition of the body shall be signed by the undertaker or person acting as such.(1921, c. 137, §7; Code 1923, c. 150, §28a.)

§8. Death Without Medical Attendance; Duties of Undertaker; Local Health Officer; Coroner; Certificate.—In case of any death occurring without medical attendance, it shall be the duty of the undertaker, or person acting a undertaker, to notify the local registrar of such death, and when so notified the registrar shall prior to the issuance of the permit, inform the local health officer and refer the case to him for immediate investigation and certification Provided, That when the local health officer is not a physician, or when there is no such official and in such cases only, the registrar is authorized to make the certificate and return from the statement of relatives or other persons having adequate knowledge of the facts: Provided further, That if the registrar has reason to believe that the death may have been due to unlawful act or neglect, he shall then refer the case the coroner or other proper officer for his investigation and certification. And the coroner or other proper officer whose duty it is to hold an inquest on the body of any deceased person and to make the certificate of death require for a burial permit, shall state in his certificate the name of the disease causing death, or, from external causes, (a) the means of death and (b) whether (probably) accidental, suicidal or homicidal; and shall, in any ease, furnish such information as may be required by the stat registrar in order properly to classify the death.(1921, c. 137, §8; Code 1923, e. 150, §28b.)

§9. Duties of Undertaker; Provision Death Certificate; Duties of Casket Dealer.—The undertaker, or person acting as undertaker shall file the certificate of death with the local registrar of the district in which the death occurred and obtain a burial or removal perm prior to any disposition of the body. He shall obtain the required personal and statistical particulars from the person best qualified to supply them, over the signature and address of his informant. He shall then present the certifcate to the attending physician, if any, or to the health officer or coroner, as directed by the local registrar, for the medical certificate of the caus of death and other particulars necessary to com plete the record, as specified in sections seve and eight. And he shall then state the fact required relative to the date and place of burial or removal, over his signature and with his address, and present the completed certificate to the local registrar in order to obtain a permit for burial, removal or other disposition of the a body: Provided, That in an emergency where it is necessary to ship a body, or where for other good and sufficient reasons an undertaker, or a person acting as such, is unable to comply with the requirements of this section, he may file a provisional death certificate with the local registrar and secure from that official burial, removal or transit permit: Provided further, That be within a period of ten days the undertaker, or as person acting as such, shall exchange, for the provisional death certificate previously filed, death certificate completely and satisfactorily he made out, as contemplated in this section. The undertaker shall deliver the burial permit to: the person in charge of the place of burial, before interring or otherwise disposing of the body; or shall attach the removal permit to the box containing the corpse, when shipped by any trans he portation company; said permit to accompany ng the corpse to its destination, where, if within the State of West Virginia, it shall be delivered to the person in charge of the place of burial.

Every person, firm or corporation selling a to casket shall keep a record showing the name n of the purchaser, purchaser’s post-office address, name of deceased, date of death, and place of death of deceased, which record shall be open, to inspection of the state registrar at all times. On the first day of each month the person, firm or corporation selling caskets shall report to if the state registrar each sale for the preceding; month, on a blank provided for that purpose: Provided, however, That no person, firm or cor ch poration selling caskets to dealers or undertakers te only shall be required to keep such record shall such report be required from undertakers when they have direct charge of the disposition of a dead body.

Every person, firm or corporation selling a — casket at retail, and not having charge of the disposition of the body, shall inclose within the casket a notice furnished by the state registrar calling attention to the requirements of the law, a blank certificate of death, and the rules and all regulations of the state department of health concerning the burial or other disposition of a dead body.(1921, c. 137, §9 ; Code 1923, c. 150, is §28c.)

§10. Interment Within State; Burial or Removal Permit.—If the interment, or other disposition of the body, is to be made within the to State, the wording of the burial or removal permit may be limited to a statement by the registrar, over his signature, that a satisfactory certificate of death having been filed with him, as required by law, permission is granted to inter, remove or otherwise dispose of the body, stating the name, age, sex, cause of death, and other necessary details upon the form preseribed by the state registrar.(1921, c. 137, §10; Code 1923. c. 150. 628d.)

§11. No Burial Without Permit; Duty of Custodian and Undertaker.—No person in charge of any premises on which interments or other disposition of bodies are made shall inter or permit the interment or other disposition of any body unless it is accompanied by a burial, removal or transit permit, as herein provided. And such person shall indorse upon the permit the date of interment or other disposition over his signature, and shall return all permits so indorsed to the local registrar of his district within ten days from the date of interment or other disposition, or within the time fixed by the local board of health; he shall keep a record of all bodies interred or otherwise disposed of on the premises under his charge, in each case stating the name of each deceased person, place of death, date of burial or disposal, and name and address of the undertaker; which record shall at all times be open to official inspection: Provided, That the undertaker or person acting as such, when burying a body in a cemetery or burial ground having no person in charge, shall sign the burial or removal permit, giving the date of burial, and shall write across the face of the permit the words, “No person in charge,” and file the burial or removal permit within ten days with the registrar of the district in which the cemetery is located.(1921, c. 137, §11; Code 1923, c. 150, §28c.)

§12. Registration of Births Compulsory.—The birth of each and every child born in this State shall be registered as hereinafter provided.(1921, c. 137, §12; Code 1923, c. 150, §28f.)

§13. Making and Filing of Birth Certificate.—Within ten days after the date of each birth, there shall be filed with the local registrar of the district in which the birth occurred a certificate of such birth, which certificate shall be upon the form adopted by the state department of health with a view to procuring a full and accurate report with respect to each item of information enumerated in section fourteen of this article.

In each case where a physician, midwife, or person acting as midwife, was in attendance upon the birth, it shall be the duty of such physician, midwife, or person acting as midwife, to file in accordance herewith the certificate herein contemplated. In each case where there was no physician, midwife, or person acting as midwife, in attendance upon the birth, it shall be the duty of the father or mother of the child, or the manager or superintendent of the public or private institution where the birth occurred, each in the order named, within ten days after the date of such birth, to report to the local registrar the fact of such birth. In such case and in case the physician, midwife, or person acting as mid wife, in attendance upon the birth, is unable by diligent inquiry to obtain any item or items of information contemplated in section fourteen of this article, it shall be the duty of the local registrar to secure from the person so reporting, or from any other person having the required knowledge, such information as will enable him to prepare the certificate of birth herein contemplated, and it shall be the duty of the person reporting the birth, or who may be interrogated in relation thereto, to answer correctly and to the best of his knowledge all questions put to him by the local registrar which may be calculated to elicit any information needed to make a complete record of the birth as contemplated by said section fourteen, and it shall be the duty of the informant as to any statement made in accordance herewith to verify such statement by his signature, when requested so to do by the local registrar.(1921, c. 137, §13; Code 1923, c. 150, §28g.)

§14. Contents of Birth Certificate.—The certificate of birth shall contain the following items which are hereby declared necessary for the legal, social and sanitary purposes subserved by registration records:

(a) Place of birth, including state, county, district, village or city. If in a city, the ward, street, and house number; if in a hospital or other institution, the name of the same to be given instead of the street and house number;

(b) Full name of child. If the child dies without a name, before the certificate is filed, enter the words “Died unnamed.” If the living child has not yet been named at the date of filing certificate of birth, the space for “full name of child” is to be left blank, to be filled out subsequently by a supplemental report, as hereinafter provided;

(c) Sex of child;

(d) Whether a twin, triplet, or other plural birth. A separate certificate shall be required for each child in case of plural births;

(e) For plural births, number of each child in order of birth;

(f) Whether legitimate or illegitimate:

(g) Date of birth, including the year, month and day;

(h) Full name of father: Provided, That if the child is illegitimate, the name or residence of, or other identifying details relating to, the putative father shall not be entered without his consent: Provided further, That whenever a judgment has been entered determining the paternity of an illegitimate child, the clerk of the court where entered shall report the facts to the state registrar who shall record the name of the father, and sufficient data to identify the judgment, in connection with the record of the birth of the child appearing in his office. A report by the clerk of any court subsequently vacating such judgment shall be made and recorded in like manner;

(i) Residence of father;

(j) Color or race of father;

(k) Age of father at last birthday,

(l) Birthplace of father; at least state or foreign country, if known;

(m) Occupation of father. The occupation to be reported if engaged in any remunerative employment, with the statement of:

(1) Trade, profession, or particular kind of work;

(2) General nature of industry, business or establishment in which employed (or employer);

(n) Maiden name of mother;

(o) Residence of mother;

(p) Color or race of mother;

(q) Age of mother at last birthday, in years;

(r) Birthplace of mother; at least state or foreign country, if known;

(s) Occupation of mother. The occupation to be reported if engaged in any remunerative employment, with the statement of:

(1) Trade, profession, or particular kind of work;

(2) General nature of industry, business or establishment in which employed (or employer);

(t) Whether or not prophylactic was used in each eye of the child. The specific inquiry shall be, “Did you instill in each eye of the infant a one per cent solution of nitrate of silver immediately after birth;

(u) Number of children born to this mother, including present birth I

(v) Number of children of this mother living;

(w) The certification of attending physician or midwife as to attendance at birth, including statement of year, month, day [as given in item (g)] and the hour of birth, and whether the child was born alive or stillborn. This certification shall be signed by the attending physician or midwife with the date of signature and: dress; if there is no physician or midwife in attendance, then by the father or mother of the child, or manager or superintendent of the public or private institution where the birth occurred, or other competent person, whose duty it shall be to notify the local registrar of such birth, as required by section thirteen of this article;

(x) Exact date of filing in office of local registrar, attested by his official signature, and registered number of birth, as hereinafter provided.[1919, c. 125, §6(8); 1921, c. 137, §14; Code 1923, c. 150, §§28h, 31 (6) (h).]

§15. Supplemental Birth Report.—When any certificate of birth of a living child is presented without the statement of the given name, the local registrar shall make out and deliver to the parents of the child a special blank for the supplemental report of the given name of the child, which shall be filled out as directed, and returned to the local registrar as soon as the child shall have been named.(1921, c. 137, §15; Code 1923, c. 150, §28i.)

§16. Records of Hospitals and Other Institutions.—All superintendents or managers, or other persons in charge of hospitals, almshouses, lying-in or other institutions, public or private, to which persons resort for treatment of diseases, confinement, or are committed by process of law, shall make a record of all the personal and statistical particulars relative to inmates in their institutions, at the time of their admission, which are required in the forms of the certificates provided for by this article, as directed by the state registrar. And in the case of persons admitted or committed for treatment of disease, the physician in charge shall specify; for entry in the record the nature of the disease, and where, in his opinion, it was contracted. The personal particulars and information required by this section shall be obtained from the individual himself, if it is practicable to do so; and when they cannot be so obtained, they shall be obtained in as complete a manner as possible from relatives, friends, or other persons acquainted with the facts.(1921, c. 137, §16; Code 1923, c. 150, §28j.)

§17. Local Registrars; Duties.—Each local registrar shall supply blank forms of certificates to such persons as require them. Each local registrar shall carefully examine each certificate of birth or death when presented for record, in order to ascertain whether or not it has been made in accordance with the provisions of this article and the instructions of the state registrar; and if any certificate of death is incomplete or unsatisfactory, it shall be his duty to call attention to the defects in the return, and to withhold the burial or removal permit until such defects are corrected. All certificates, either of birth or of death, shall be written legibly, in durable black ink or with a typewriter, and no certificate shall be held to be complete and correct that does not supply all of the items of information called for therein, or satisfactorily account for their omission. If the certificate of death is properly executed and complete, he shall then issue a burial or removal permit to the undertaker: Provided, That in case the death occurred from some disease which is held by the state public health council to be infectious or communicable and dangerous to the public health, no permit for the removal or other disposition of the body shall be issued by the registrar, except under such conditions as may be prescribed by the state commissioner of health. If a certificate of birth is incomplete, the local registrar shall immediately notify the informant, and require him to supply the missing items of information, if they can be obtained. He shall number, consecutively, the certificates of birth and death, in two separate series, beginning with number one (1) for the first birth and the first death in each calendar year, and sign his name as registrar in attest of the date of filing in his office. He shall also make a complete and accurate copy of each birth and each death certificate registered by him, and shall, on or before the tenth day of each month, transmit to the state registrar all original certificates registered by him for the preceding month and the copies of such certificates made as herein provided. If no births or no deaths occurred in any month, he shall, on the tenth day of the following month, report that fact to the state registrar, on a card provided for such purpose.(1921, c. 137, §18; Code 1923, c. 150, §281.)

§18. Compensation of Local Registrars.—Each local registrar shall be paid the sum of twenty-five cents for each birth certificate and each death certificate properly and completely made out and registered with him, and correctly recorded and promptly returned by him to the state registrar, as required by this article. And in case no births or no deaths were registered during any month, the local registrar shall be entitled to be paid the sum of twentyfive cents for each report to that effect, but only if such reports be made promptly as required by this article. The state registrar shall annually certify to the county courts of the several counties the number of births and deaths properly registered, with the names of the local registrars and the amounts due each at the rates fixed herein. All amounts payable to a local registrar under the provisions of this section shall be paid by the treasurer of the county in which the registration district is located, upon the order of the county court of such county issued upon such certification by the state registrar.(1921, c. 137, §19; Code 1923, c. 150, §28m.)

§19. State Registrar; Duties; State and County Registers of Births and Deaths; Classification of Diseases; Private Records Filed With State Registrar; Transcripts.—The state registrar shall prepare, print and supply to all registrars all blanks and forms necessary for registering, recording and preserving the state records, and shall prepare and issue such detailed instructions as may be required to procure the uniform observance of its provisions and the maintenance of a perfect system of registration; and no other blanks shall be used than those supplied by the state registrar. He shall carefully examine the certificates received monthly from the local registrars, and, if any such are incomplete or unsatisfactory, he shall require such further information to be supplied as may be necessary to make the record complete and satisfactory. And all physicians, midwives, informants, or undertakers, and other persons having knowledge of the facts, are here by required to supply, upon a form provided by the state registrar or upon the original certificate, such information as they may possess regarding any birth or death, upon demand of the state registrar, in person, by mail, or through the local registrar: Provided, That no certificate of birth or death, after its acceptance for registration by the local registrar, and no other record made in pursuance of this article shall be altered or changed in any respect otherwise than by amendments properly dated, signed and witnessed. The state registrar shall further arrange, bind and permanently preserve the certificates in a systematic manner, and shall compile therefrom a record of such births and deaths and shall enter the same in a systematic and orderly way in a well-bound register of births and a well-bound register of deaths, respectively, for the State, and shall prepare and maintain a comprehensive and continuous index of all births and deaths registered. The index shall be arranged alphabetically, in the case of deaths, by the names of decedents, and in the case of births, by the names of the children, where stated, as well as of the fathers and mothers, subject, however, to the provisions of sections seven and fourteen of this article. He shall in form all registrars what diseases are to be considered infectious or communicable and dangerous to the public health, as decided by the state public health council, in order that when deaths occur from such diseases proper precautions may be taken to prevent their spread.

In order that each county may have complete record of the births and deaths occurring in said county, the state registrar shall transmit each month, to the several county clerks, the copies of the certificates of all births and deaths occurring in their respective counties furnished by the local registrars, from which copies the clerk shall compile a record of such births and deaths and shall enter the same in a systematic and orderly way in a well-bound register of births and a well-bound register of deaths, respectively, for that county, which said registers shall be public records: Provided, That such copies and registers shall not state that any child was either legitimate or illegitimate. The form of said registers of births and deaths shall be prescribed by the state registrar of vital statistics.

If any cemetery company or association, or any church or historical society or association, or any other company, society, or association, or any individual, is in possession of any record of births or deaths which may be of value in establishing the genealogy of any resident of this State, such company, society, association or individual may file such record, or a duly authenticated transcript thereof, with the state registrar, and it shall be the duty of the state registrar to preserve such record or transcript and to make a record and index thereof in such form as to facilitate the finding of any information contained therein. Such record and index shall be open to inspection by the public, subject to such reasonable conditions as the state registrar may prescribe. If any person desires a transcript of any such record, the state registrar shall furnish the same upon application, together with a certificate that it is a true copy of such record, as filed in his office, and for his services in so furnishing such transcript and certificate he shall be entitled to a fee of fifty cents per hour or fraction of an hour necessarily consumed in making such transcript, and to a fee of twenty-five cents for the certificate, which fees shall be paid by the applicant.(1921, c. 137, §§1, 17; Code 1923, c. 150, §§23, 28k.)

§20. Records of Legitimacy Shown Only on Order of Court.—Except when ordered by a court of competent jurisdiction in a case where such information is necessary for the determintation of personal or property rights, and then only for such purpose, no member of the state department of health, nor any state or local registrar, nor any person connected with the office of either, shall disclose the fact that any record in this article provided for shows that any a child was either legitimate or illegitimate. The court shall have jurisdiction, upon petition against and notice to the state registrar, under such rules and regulations as the courts may prescribe, to issue such orders permitting or requiring the inspection of such records and the making and delivery of certified copies thereof as to it may seem just and proper.

§21. Certified Copies From Birth and Death Records; Fees of State Registrar; Exceptions.—The state registrar shall, upon request, supply to any applicant a certified copy of the record of any birth or death registered under the provisions of this article, for the making and certification of which he shall be entitled to a fee of fifty cents, to be paid by the applicant: Provided, That such copy shall not state that any child was either legitimate or illegitimate. And any such copy of the record of a birth or death, when properly certified by the state registrar, shall be prima facie evidence, in all courts and places, of the facts therein stated. For any search of the files and records when no certified copy is made, the state registrar shall be entitled to a fee of fifty cents for each hour or fractional part of an hour of time of search, said fee to be paid by the applicant. And the state registrar shall keep a true and correct account of all fees by him received under the provisions of this article and turn the same over to the state treasurer: Provided, That the state registrar shall, upon the request of any parent or guardian, supply without fee a certificate limited to a statement as to the date of birth of any child when the same shall be necessary for admission to school, or for the purpose of securing employment: And provided further, That the United States Bureau of Census may obtain, without expense to the State, transcripts or certified copies of births and deaths without payment of the fees herein prescribed.(1921, c. 137, §20; Code 1923, c. 150, §28n.)

§22. Registration of Marriages.—All marriages taking place within the State shall be registered with the state registrar of vital statistics, at the place where records of births and deaths are filed, in the manner hereinafter provided.

On or before the tenth day of each month the county clerk of each county shall forward to the state registrar of vital statistics a certified abstract of all marriage records made by him during the previous month, in such form as may be prescribed by the state registrar.

The state registrar of vital statistics shall preserve and index all records thus received and shall, when applied to, issue a certified copy of the same, which shall be prima facie evidence in all courts in the State of the facts stated therein.(1921, c. 137, §21; Code 1923, c. 150, §28o.)

§23. Offenses Concerning Vital Statistics; Penalties; Jurisdiction of Justices.—Any person who, for himself or as an officer, agent, or employee of any other person, or of any corporation or partnership,

(a) Shall inter, cremate, or otherwise finally dispose of the dead body of a human being, or permit the same to be done, or shall remove said body from the primary registration district in which the death occurred or the body was found, without the authority of a burial or removal permit issued by the local registrar of the district in which the death occurred or in which the body was found; or

(b) Shall refuse or fail to furnish correctly any information in his possession, or shall furnish false information affecting any certificate or record required by this article, or who, in violation of this article, shall disclose any information; or

(c) Shall willfully alter, otherwise than is provided by section nineteen of this article, or shall falsify any certificate of birth or death or any record established by this article; or

(d) Being required by this article to fill out a certificate of birth or death and file the same with the local registrar, or deliver it, upon request, to any person charged with the duty of filing the same, shall fail, neglect, or refuse to perform such duty in the manner required by this article; or

(e) Being a local registrar, deputy registrar or subregistrar, shall fail, neglect, or refuse to perform his duty as required by this article and by the instructions and directions of the state registrar thereunder, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one nor more than five dollars. Justices of the peace shall have concurrent jurisdiction to try and determine all offenses arising under this article.(1921, c. 137, §23; Code 1923, c. 150, §28q.)

§24. Enforcement of Vital Statistics Act.—Each local registrar is hereby charged with the strict and thorough enforcement of the provisions of this article in his registration district, under the supervision and direction of the state registrar. And he shall make an immediate report to the state registrar of any violation of this law coming to his knowledge, by observation or upon complaint of any person, or otherwise.

The state registrar is hereby charged with the thorough and efficient execution of the provisions of this article in every part of the State, and is hereby granted supervisory power over local registrars, deputy local registrars, and subregistrars, to the end that all of its requirements shall be uniformly complied with. The state registrar, either personally or by an accredited representative, shall have authority to investigate cases of irregularity or violation of law, and all registrars shall aid him, upon request, in such investigations. When he shall deem it necessary, he shall report cases of violation of any of the provisions of this article to the prosecuting attorney of the county, with a statement of the facts and circumstances; and when any such case is reported to him by the state registrar, the prosecuting attorney shall forthwith initiate and promptly follow up the necessary court proceedings against the person or corporation responsible for the alleged violation of law. And, upon request of the state registrar, the attorney general shall assist in the enforcement of the provisions of this article.(1921, c. 137, §24; Code 1923, c. 150, §29.)

§1. Hotel Inspector.—The governor shall appoint a hotel inspector to hold office at the will and pleasure of the governor. He shall, before entering upon the duties of his office, take the oath of office prescribed by the Constitution, and give bond in the penalty of five thousand dollars, which bond, when approved by the governor, shall be filed and recorded in the office of the secretary of state. The hotel inspector shall have had at least five years’ experience in conducting a first class American or European hotel, and shall receive a salary of fifteen hundred dollars per annum, and his actual traveling expenses. He shall keep an accurate itemized account of such expenses and shall file the same quarterly with the secretary of the state public health council, together with an account of all fees collected from applicants for hotel and restaurant inspection certificates and of other moneys coming into his hands by virtue of his office.(1913, c. 8, §1; Code 1923, c. 15N, §1.)

§2. Regulations by Public Health Council; Pure Food.—The state public health council shall make such rules and regulations, not inconsistent with law, as in their judgment are necessary to carry out the provisions of this article, which rules and regulations shall take effect when approved by the attorney general and the governor. The hotel inspector shall assist in the enforcement of any orders made by the state public health council, and of the laws of the State respecting pure food, so far as they relate to hotels and restaurants.(1913, c. 8, §2; Code 1923, c. 15N, §2.)

§3. Hotel and Restaurant Defined; Hotels Subject to Provisions of Article.—For the purpose of this article, every building where food and lodging are usually furnished to guests and payment required therefor shall be deemed a hotel, and every place where food without lodging is usually furnished to guests and payment required therefor shall be deemed a restaurant. But the provisions of this article, except those of sections twenty and twenty-two, shall not apply to any hotel wherein there are fewer than ten bed chambers, nor to any hotel known as a “summer hotel” which is not open for guests from November fifteenth to May fifteenth.(1913, c. 8, §§3, 24; Code 1923, c. 15N, §§3, 24.)

§4. Application for Inspection of Hotel or Restaurant by Person Proposing to Conduct Same; Certificate; Temporary Permit; Fee.—Every person, firm or corporation proposing to conduct a hotel or restaurant shall apply to the hotel inspector for an inspection and certificate thereof, and said inspector shall inspect the premises described in such application as soon thereafter as may be; but if it be impracticable to do so within ten days after receiving such application, said inspector may issue to such applicant a temporary permit which shall be valid until a regular inspection is made. Only one certificate or permit shall be issued where a hotel and restaurant are combined and conducted in the same building and under the same management. Each certificate or permit shall expire on the thirtieth day of June next following its issuance, and no hotel or restaurant shall be maintained and conducted in this State without the certificate of inspection thereof as herein prescribed, which certificate shall be posted in the main public room of such hotel or restaurant, and shall show the date of each inspection and the notations relating thereto by the hotel inspector. No such certificate shall be transferable. The fee for such inspection and certificate or permit shall be, for a hotel, two dollars, and twenty-five cents additional for each bed room in excess of seven; and for a restaurant, two dollars, and twenty-five cents additional for each five chairs or stools, or spaces where persons are fed, in excess of ten, but no fee shall exceed ten dollars. Such inspector shall, on the first of each month, pay into the state treasury all fees collected for inspections during the preceding month. Every certificate of inspection or permit under this article shall be made and issued in duplicate.(1913, c. 8, §4; Code 1923, c. 15N, §4.)

§5. Form of Application for Inspection; Payment of Fee.—The applicant for inspection of a hotel or restaurant shall file with the hotel inspector a written application, in form to be prescribed by the state public health council, which shall set forth the name and address of the owner of the building or property to be occupied, and of the agent of any such owner; the name and address of the lessee and manager, if any, of the hotel or restaurant; the location of such hotel or restaurant and a full description of the building or property to be occupied by it, and such other matters as may be required by the state public health council. The fee for inspection shall be paid to the hotel inspector when the application is filed with him.(1913, c. 8, §7; Code 1923, c. 15N, §7.)

§6. Contents of Certificate and Permit; Posting.—Every such certificate shall show that the hotel or restaurant is equipped and conducted according to law, and shall be kept posted in some conspicuous place in such hotel or restaurant. Every such permit shall show, according to the fact, why it is granted, and that the hotel or restaurant is, according to law, permitted to be kept, and it shall be kept posted in like manner.(1913, c. 8, §5; Code 1923, c. 15N, §5.)

§7. Certificate or Permit Prerequisite to License.—No license to keep a hotel or restaurant and no certificate for such license, shall hereafter be authorized or issued unless there be first filed, in the county court to which application therefor is made, a certificate of inspection or permit, granted by the hotel inspector as provided in this article. Every such license shall bear on its face a reference to such certificate of inspection or permit.(1913, c. 8, §6; Code 1923 c. 15N, §6.)

§8. Annual Inspection of Hotels and Restaurants; Powers and Duties of Hotel Inspector.—The hotel inspector shall inspect, or cause to be inspected, at least once annually every hotel and restaurant in the State. For that purpose he, or any person designated by him, shall have the right of entry and access at any reasonable time to inspect kitchens where food is prepared, pantry and storage rooms pertaining thereto, dining rooms, lunch counters and every place where articles pertaining to the serving of the public are kept or prepared. The said inspector shall prohibit the use of any article not in keeping with cleanliness and good sanitary conditions. He shall also have the right to enter any and all parts of a hotel at all reasonable hours to make such inspection, and every person in the management or control thereof shall afford free access to every part of the hotel and render all assistance necessary to enable the inspector to make full, thorough and complete examination thereof, but the privacy of any guest in any room occupied by him shall not be invaded without his consent.(1913, c. 8, §8 Code 1923, c. 15N, §8.)

§9. Alterations and Changes by Owner Penalty for Refusal or Failure to Make.—Whenever, upon such inspection, it shall be found that any such hotel or restaurant is not equipped, or being conducted, in the manner and under the conditions required by the provisions of this article, the hotel inspector shall notify the owner, manager or agent in charge of such hotel or restaurant of such changes or alterations as, in the judgment of the hotel inspector, may be necessary to effect a complete compliance with said provisions. Such owner, manager or agent shall thereupon make such alterations or changes as may be necessary to put such buildings and premises in a condition and conduct it in a manner, that will fully comply with the requirements of this article: Provided, however, That due time after receiving such notice shall be allowed for conforming to the requirements thereof, which time shall be specified in the notice. Should the changes or alterations directed by such notice not be made in the time specified therein, the said inspector shall proceed against the person or persons in a default in any court having jurisdiction to enforce the provisions of this article against him or them. Every person, firm or corporation which shall fail or refuse to comply with the provisions of this section shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined five dollars for each and every day such failure or refusal may continue. If such failure or refusal shall continue for thirty days after is the time specified in the notice from the hotel inspector for conforming to the requirements thereof, the inspector may proceed in the circuit court of the county wherein such hotel or restaurant is, for an order closing it. After such order or is issued, the building or property shall not again be used as a hotel or restaurant until a certificate or permit therefor shall have been issued by the hotel inspector, and any disobedience of such order shall be punished as other contempts of court. Reasonable notice shall be given of the application for such order.(1913, e c. 8, §9; Code 1923, c. 15N, §9.)

§10. Notices by Inspectors.—All notices given by the hotel inspector shall be in writing and shall either be delivered in person or sent by registered mail.(1913, c. 8, §21; Code 1923, c. 15N, §21.)

§11. Lighting; Plumbing; Ventilation.—Every hotel and restaurant in this State shall be properly lighted by day and by night, shall be properly plumbed and ventilated, and shall be conducted in every department with strict regard for the health, comfort and safety of its guests. Such proper plumbing and draining shall be done and maintained according to approved sanitary principles. Such proper ventilation shall be construed to require at least one door and one window in every sleeping room, which window shall permit easy access to the of outside of the building, light well or court. No room shall be used as a sleeping room which does not open to the outside of the building or light wells, air shafts or courts.(1913, c. 8, §10; Code 1923, c. 15N, §10.)

§12. Water Closets.—In every city, town or village where a system of water works and sewerage is maintained for public use, every hotel therein shall be equipped with suitable water closets for the accommodation of guests, which water closets shall be connected by proper plumbing with such sewer system, and so constructed that they may be flushed with water in such manner as to prevent sewer gas or effluvia arising therefrom. All lavatories, bath tubs, sinks, drains, closets and urinals in such hotels shall be furnished and equipped in similar manner.(1913, c. 8, §11; Code 1923, c. 15N, §11.)

§13. Privies.—In all cities, towns and villages not having a system of water works and sewerage, every hotel shall have properly constructed privies or vaults to receive the night soil, which privies and vaults shall be kept clean and well screened at all times and free from filth of every kind. The privies shall have separate compartments for each sex, each compartment being properly designated.(1913, c. 8, §12; Code 1923, c. 15N, §12.)

§14. Wash Rooms; Towels.—All hotels in this State shall be provided with a general wash room convenient and of easy access to guests, and in each bed room and general wash room there shall be furnished for each registered guest clean, individual towels, of cotton or linen, so that no two or more registered guests will be required to use the same towel, unless it has first been washed. Such individual towel shall not be less than twelve inches wide and eighteen inches long after being washed.(1913, c. 8, §15; Code 1923, c. 15N, §15.)

§15. Beds and Floor Coverings.—Every hotel shall provide each bed, bunk, cot, or other sleeping place for the use of guests with pillow slips and under and top sheets, the under sheet to be of sufficient size to completely cover the mattress and springs, and the top sheet to be of like width and at least ninety-nine inches long and not to be less than ninety inches in length after having been laundried. Such sheets and pillow slips shall be made of white cotton or linen, and all such sheets and pillow slips, after being used by one guest, shall be washed and ironed before being used by another guest, a clean set being furnished each succeeding guest. All bedding, including mattresses, quilts, blankets, pillows, and all carpets and floor covering used in any hotel in this State, shall be thoroughly aired, disinfected and kept clean.(1913, c. 8, §19; Code 1923, c. 15N, §19.)

§16. Bed Bugs.—In every hotel, any room infected with vermin or bed bugs shall be fumigated, disinfected and renovated until said vermin or bed bugs are extirpated.(1913, c. 8, §20; Code 1923, c. 15N, §20.)

§17. Employment of Person Having Communicable Disease.—No person, firm or corporation engaged in conducting a hotel or a restaurant shall knowingly have in its employ any person who has an infectious or communicable disease.(1913, c. 8, §17; Code 1923, c. 15N, §17.)

§18. Disinfection of Rooms and Beds; Penalty.—Every person keeping or conducting a hotel shall see that every room or bed, which has been occupied by any person known to have an infectious or communicable disease at the time of such occupancy, is thoroughly disinfected by methods to be prescribed by the state public health council before such room or bed shall be occupied by any other person. Any person violating the provisions of this section shall be subject to a fine not exceeding three hundred dollars, and to confinement in jail not exceeding six months, or both, at the discretion of the court.(1913, c. 8, §18; Code 1923, c. 15N, §18.)

§19. Hallways; Fire Escapes.—Whenever it shall be proposed to erect a building three stories or more in height, intended for use as a hotel in this State, it shall be the duty of the owner or proprietor of such hotel to construct the same so that one main hallway on each floor above the ground floor shall run to an opening in the outside wall of the building. Every building used as a hotel shall comply with the provisions of this Code pertaining to fire escapes. All fire escapes shall be indicated by a red light and a placard in each hallway leading to such fire escapes.(1913, c. 8, §13; Code 1923, c. 15N, §13.)

§20. Knotted Rope or Other Fire Escape in Hotel.—Each keeper of a hotel in this State shall provide and keep constantly in each room of the hotel, above the second floor, a knotted rope, wire ladder or other proper fire escape of sufficient strength and length, strongly attached or fastened to some outside window in said room, by which any person or persons in any of rooms in such buildings may escape from the windows in case of fire: Provided, That the provisions of this section shall not apply to any hotel that has a regular and proper fire escape, connected with each hall in said hotel.(1883, c. 63, §§1, 2; Code 1923, c. 15S, §§6, 7.)

§21. Fire Extinguishers.—Every hotel shall be provided with one fire extinguisher, of style and size approved by the national board of fire underwriters, on each floor containing twenty-five hundred square feet of floor area; and one additional fire extinguisher on each floor for each additional twenty-five hundred square feet of floor area, or fraction thereof. Every such extinguisher shall be placed in a convenient location in the public hallway, outside of sleeping rooms, at or near the head of stairs, and shall always be in condition for use.(1913, c. 8, §14; Code 1923, c. 15N, §14.)

§22. Liability of Hotel or Restaurant Keeper for Loss of Property; Deposit of Valuables.—It shall be the duty of the keepers of hotels and restaurants to exercise due care and diligence in providing honest servants and employees, and to take every reasonable precaution to protect the persons and property of their guests and boarders, but no such keeper of any hotel or restaurant shall be held liable in a greater sum than two hundred and fifty dollars for the loss of any wearing apparel, baggage or other property, not hereinafter mentioned, belonging to a guest or boarder, when such loss takes place from the room or rooms occupied by said guest or boarder; and no keeper of a hotel or restaurant shall be held liable for any loss on the part of any guest or boarder of jewelry, money or other valuables of like nature, provided such keeper shall have posted in a conspicuous place in the room or rooms occupied by such guest or boarder, and in the hotel office and public reception room of such hotel or restaurant, a notice stating that jewelry, money and other valuables of like nature must be deposited in the office of such hotel (or restaurant), unless such loss shall take place from such office after such deposit.(1899, c. 48, §33; Code 1923, c. 145, §33.)

§23. Offenses.—Any person; firm or corporation who shall operate a hotel or a restaurant in this State, or who shall let a building to be used for such purposes, without first having complied with the provisions of this article, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined five dollars for each day such failure to comply shall continue.

§24. Prosecution.—The prosecuting attorney of each county in this State is hereby authorized and required, upon complaint under oath of the hotel inspector, or other person or persons, to prosecute to termination before any court of competent jurisdiction, in the name of the State, a proper action or proceeding against any person or persons violating the provisions of this article.(1913, c. 8, §23; Code 1923, c. 15N, §23.)

§1. Manufacture or Sale of Adulterated Food or Drugs Prohibited; Definition of Terms.—No person shall, within this State, manufacture for sale, offer for sale, or sell, any drug or article of food which is adulterated within the meaning of this article. The term a “drug,” as used herein, shall include all medicines for internal or external use, antiseptics, disinfectants and cosmetics. The term “food,” as used herein, shall include all articles used for food, drink, confectionery or condiment by man, whether simple, mixed or compound.[1907, c. 68, §2; Code 1923, c. 150, §20b(2).]

§2. What Constitutes Adulteration.—Any drug or article of food shall be deemed to be at adulterated within the meaning of this article:

(a) In the case of drugs: (1) If, when sold under or by a name recognized in the United States Pharmacopoeia official at that time, it differs from the standard of strength, quality or purity laid down therein; (2) if, when sold under or by a name not recognized in the United States Pharmacopoeia official at the time, but which is found in some other pharmacopoeia or other standard work of materia medica, it differs materially from the standard of strength, quality or purity laid down in such work; (3) if its strength, quality or purity falls below the professed standard under which it is sold; (4) if it be an imitation of, or offered for sale under the largest type upon any label on the package, name of, another article; (5) if the contents of the package as originally put up shall have been removed in whole or in part, and other contents shall have been placed in such package, or if the package fails to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, acetanilide or any derivative or preparation of any such substance contained therein: Provided, That nothing in this paragraph shall be construed to apply to the dispensing of prescriptions written by regular licensed practicing physicians, veterinary sur geons or dentists, and kept on file by the dispensing pharmacist, nor to such drugs as are recognized in the United States Pharmacopoeia and the National Formulary, which are sold under the name by which they are recognized;

(b) In the case of food, drink, confectionery or condiment: (1) If any substance or sub stances have been mixed with it, so as to lower or depreciate or injuriously affect its quality, strength or purity; (2) if any inferior or cheaper substance or substances have been substituted wholly or in part for it; (3) if any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it; (4) if it is an imitation of, or is sold under the name of, another article; (5) if it consists wholly or in part of diseased, decomposed, putrid, infected, tainted or rotten animal or vegetable substance, whether manufactured or not, or, in the case of milk, if it is the product of a diseased animal; (6) if it is colored, coated, polished or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is; (7) if it contains any added substance or ingredients which are poisonous or injurious to the health; (8) if it is sold under a coined name and does not contain some ingredient suggested by such name or contains only an inconsiderable quantity; (9) if the package containing it or any label thereon shall bear any statement regarding it or its composition which shall be false or misleading in any particular: Provided, That the provisions of this article shall not apply to mixtures or compounds recognized as ordinary articles or ingredients of articles of food or drink, if each and every package sold or offered for sale is distinctly labeled in words of the English language as mixtures or com pounds, with the name and per cent of each ingredient therein; the word “compound” or “mixture” shall be printed in type not smaller in either height or width than one-half the largest type upon any label on the package, and the formula shall be printed in letters be an imitation of, or offered for sale under the the largest type upon any label on the package, name of, another article; (5) if the contents of the package as originally put up shall have been removed in whole or in part, and other contents shall have been placed in such package, or if the package fails to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, acetanilide or any derivative or preparation of any such substance contained therein: Provided, That nothing in this para graph shall be construed to apply to the dispensing of prescriptions written by regular licensed practicing physicians, veterinary sur geons or dentists, and kept on file by the dispensing pharmacist, nor to such drugs as are recognized in the United States Pharmacopoeia and the National Formulary, which are sold under the name by which they are recognized; (b) In the case of food, drink, confectionery or condiment: (1) If any substance or sub stances have been mixed with it, so as to lower or depreciate or injuriously affect its quality, strength or purity; (2) if any inferior or cheaper substance or substances have been substituted wholly or in part for it; (3) if any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it; (4) if it is an imitation of, or is sold under the name of, another article; (5) if it consists wholly or in part of diseased, decomposed, putrid, infected, tainted or rotten animal or vegetable substance, whether manufactured or not, or, in the case of milk, if it is the product of a dis eased animal; (6) if it is colored, coated, polished or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is; (7) if it contains any added substance or ingredients which are poisonous or injurious to the health; (8) if it is sold under a coined name and does not contain some ingredient suggested by such name or contains only an inconsiderable quantity; (9) if the package containing it or any label thereon shall bear any statement regarding it or its composition which shall be false or misleading in any particular: Provided, That the provisions of this article shall not ap ply to mixtures or compounds recognized as ordinary articles or ingredients of articles of food or drink, if each and every package sold or offered for sale is distinctly labeled in words of the English language as mixtures or com pounds, with the name and per cent of each ingredient therein; the word “compound” or “mixture” shall be printed in type not smaller in either height or width than one-half the largest type upon any label on the package, and the formula shall be printed in letters compound or mixture must not contain any ingredients injurious to the health.[1907, c. 68, §§3, 4; Code 1923, c. 150, §§20b(3) (4).]

§3. Inspection and Analysis of Food and Drugs.—Whenever the state department of health or any county or municipal health officer has reason to believe that any food or drug manufactured for sale, offered for sale, or sold, within this State, is adulterated, such department of health, by its authorized agent, or such county or municipal health officer, shall have the power, and it shall be his duty, to enter, during the usual hours of business, into any creamery, factory, store, sales room, drug store, laboratory, or other place where he has reason to believe such food or drug is manufactured, prepared, sold, or offered for sale, within the county or municipality, as the case may be, and to open any case, tub, jar, bottle or package containing, or supposed to contain, any such food or drug, and take a specimen thereof for examination and analysis. If less than a whole package is taken, the specimen shall be sealed and properly prepared for shipment to the person who shall make the analysis hereinafter provided for. No whole or less than a whole package taken and prepared for shipment shall be opened before it has been received by the analyst aforesaid.

It shall be the duty of the chief chemist of the state hygienic laboratory to test and analyze any such specimen, to record the result of his analysis among the records of the laboratory, and to certify such findings to the state department of health or to the county or municipal health officer, as the case may be. If the analysis indicates that the said food or drug is adulter ated, a certificate of such result, sworn to by the person making the analysis, who shall also state in his certificate the reasonable cost and expense of such analysis, shall be prima facie evidence of such adulteration in prosecutions under this article.[1907, c. 68, §1; 1913, c. 24, §19a; Code 1923, c. 150, §§19a, 20b(l).]

§4. Adulteration of Food or Drugs; Sale; Penalties.—Whoever, by himself or his agents, knowingly adulterates or causes to be adulterated any article of food or drug, or knowingly manufactures for sale, offers for sale, or sells, within this State, any article of food or drug which is adulterated within the meaning of this article, without making the same known to the buyer, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding five hundred dollars, or confined in jail not more than one year, or both, in the discretion of the court; and in addition to the penalties hereinbefore provided, he shall be adjudged to pay the cost and expense of analyzing such adulterated food or drug, as set forth in the certificate of the person making such analysis, not exceeding twenty-five dollars in any one ease, which shall be included in the costs of such prosecution and taxed in favor of the state department of health; and if he be a registered pharmacist or assistant pharmacist, his name shall be stricken from the register. The adulterated articles shall be forfeited and destroyed.[Code 1849, e. 197, §§1, 2; Code 1860, c. 197, §§1, 2; Code 1868, c. 150, §§1, 2; 1881, c. 52, §7; 1882, c. 93, §§19, 20, c. 112, §7; 1907, c. 68, §§5, 8; 1907, Ex. Sess., c. 12, §18; 1913, c. 24, §§19, 19a; Code 1923, c. 150, §§19, 19a, 20, 20b(5) (8), 29b(18).]

§5. Regulations by Public Health Council as to Milk and Milk Products.—The public health council shall adopt regulations to provide clean and safe milk and fresh milk products, and, when promulgated, these regulations shall be the minimum requirements to be enforced by local health authorities throughout the State. A copy of such regulations shall be furnished the commissioner of agriculture for his guidance in performing any duties with relation to milk and milk products imposed on him by law.(1915, c. 11, §10; 1919, c. 96, §2; Code 1923, c. 150, §2.)

§6. Killing Young Calves for Sale.—Whoever, by himself or his agents, kills, for the purpose of sale, any calf less than four weeks old, or sells, or has in his possession with the intent to sell, the meat of any calf which he knows to have been killed when less than four weeks old, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five nor more than fifteen dollars, or imprisoned not more than sixty days, or both.[1907, c. 68, §7; Code 1923, c. 150, §20b(7).]

§1. Sale or Gift of Poisons.—No person, firm, or corporation shall sell, give away or otherwise; dispense any of the poisons enumerated in, schedules “A” and “B” of this article, unless, the box, bottle, vessel or package containing the poison is distinctly labeled with a device bearing the death’s head and cross bones, the name of the substance, the word “Poison,” the name of f e one or more antidotes therefor, and the name and place of business of the seller. The seller shall also ascertain, upon due inquiry, that the purchaser is aware of the poisonous nature of c the drug, and that it is to be used for legitimate e and lawful purposes; and, before delivering to, the purchaser any of the poisons named in l schedule “A,” the seller shall cause an entry y to be made in a book kept for that purpose, which. entry shall show the date of the sale, the name d and residence of the purchaser, the name and e quantity of the poison sold, the purpose for which it is to be used, as represented by the purchaser, and the name of the dispenser. Such, book shall be preserved for at least five years from the date of the last entry and shall at all times be subject to inspection by the proper authorities.[1872-3, c. 180, §1; 1881, c. 52, §9; a 1882, c. 112, §9; 1883, c. 82, §9; 1907, Ex. Sess., o c. 12, §§20, 23; Code 1923, c. 150, §29b(20) (23).]

§2. Schedule A.—Schedule A, as used in , this article, shall include arsenic and its preparations, corrosive sublimate, red precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnia, carbolic acid and essential oil of bitter almonds.[1872-3, c. 180, §1; 1881, c. 52, §9; 1882, c. 112, §9; 1883, c. 82, §9; 1907, Ex. Sess., c. 12, §21 Code 1923, c. 150, §29b(21).]

§3. Schedule B.—Schedule B, as used in this article, shall include aconite, belladonna, colchicum, conium, nux vomica, henbane, savin, ergot, cotton root, cantharides, creosote, digitalis, and their pharmaceutical preparations, croton oil, chloroform, sulphate of zinc, sulphate of copper, acetate of lead, mineral acids and oxalic acid.[1872-3, c. 180, §1; 1881, c. 52, d §9; 1882, c. 112, §9; 1883, c. 82, §9; 1907, Ex. p Sess., c. 12, §22; 1909, c. 72, §22; Code 1923, c. p 150, §29b(22).]

§4. Limitation of Preceding Sections.—The provisions of the three preceding sections shall not apply to any registered pharmacist or assistant pharmacist dispensing such poisons to, or on the written order or prescription of. a licensed physician, dentist or veterinarian, nor to any such practitioner dispensing such poisons in the regular course of his practice; and the record of sale and delivery therein mentioned shall not be required of manufacturers or wholesalers selling any of such poisons at wholesale, if the box, bottle, vessel or package containing such substance, when sold at wholesale, is labeled with the name of the substance, the word “Poison,” and the name and address of the manufacturer or wholesaler.[1872-3, c. 180, §1; 1881, c. 52, §9; 1882, c. 112, §9; 1883, c. 82, §9; 1907, Ex. Sess., c. 12, §24; 1909, c. 72, P §24; Code 1923, c. 150, §29b(24).]

§5. Sale of Concentrated Lye; Label; Penalty.—It shall be unlawful to sell or expose for sale in this State concentrated lye or similar substance, unless the same be plainly labeled, in large eligible letters, “ caustic poison,” and with a skull and cross bones both in red. Any person violating this section shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not less than fifty nor more than five hundred dollars.(1925, c. 26, §1.)

§6. Sale or Gift of Narcotic Drugs; Penalty; Exceptions.—No person shall sell, give away or otherwise dispense cocaine, alpha or beta eucaine, opium, morphine, heroin, chloral n hydrate, or any preparation or compound containing any of the foregoing drugs or substances, a except on the original written prescription of a physician, dentist or veterinarian duly licensed under the laws of this State, in good standing in his profession, and not of intemperate habits or addicted to the use of any drug. Each prescription shall be filled only once. Any person violating the provisions of this section shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary of this State not less than one nor more than ten years for each offense, and, if a registered pharmacist or assistant pharmacist, his certificate of registration shall be revoked: Provided, That nothing herein contained shall be construed to prohibit the sale or gift of any of the foregoing drugs or substances, preparations or compounds, by any licensed manufacturing pharmacist or chemist or wholesale or retail pharmacist or druggist to another licensed manufacturing pharmacist or chemist or wholesale or retail pharmacist or druggist, or to hospitals, colleges, or scientific or public institutions, or to licensed physicians, dentists or veterinarians; nor sales made to manufacturers of proprietary or pharmaceutical preparations for use in the manufacture of such preparations; nor the use of any of said drugs or substances, preparations or compounds, by any licensed physician, dentist or veterinarian in the regular course of his practice.[1891, c. 10, §§1, 2, 3; 1907, Ex. Sess., c. 12, §§25, 26; 1909, c. 72, §26; 1911, c. 16, §1; 1913, c. 16, §5; Code 1923, c. 150, §§20e(5), 29b(25)(26), 29c(l).]

§7. Possession of Narcotic Drugs; Penalty; Prima Facie Evidence; Exception.—If any person, except a licensed physician, dentist or veterinarian, manufacturing pharmacist or chemist, or wholesale or retail pharmacist or druggist, have in his possession cocaine, alpha or beta eucaine, opium, morphine, heroin, chloral hy drate, or any preparation or compound containing any of the foregoing drugs or substances, with intent to sell, give away or otherwise dispense the same, he shall be guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary of this State not less than one nor more than ten years; and possession of any of the foregoing drugs or substances, preparations or compounds, except by a licensed physician, dentist, veterinarian, manufacturing pharmacist or chemist, wholesale or retail pharmacist or druggist, or on the written prescription of a licensed physician, dentist or veterinarian in good standing in his profession, not of intemperate habits or addicted to the use of any drug, shall be prima facie evidence of an intent to sell, give away or otherwise dispense the same: Provided, That nothing herein con tained shall be construed to apply to any hospital, college or scientific or public institution.[1911, c. 16, §2; Code 1923, c. 150, §29c(2.).

§8. Contents of Prescription for Narcotic Drugs; Filing; Penalty.—Every prescription for the use of cocaine, alpha or beta eucaine, opium, morphine, heroin, chloral hydrate, or any preparation or compound containing any of the foregoing drugs or substances, shall be dated, shall contain the name and address, plainly written, of the patient for whom the same has been prescribed, or, if given by a veterinarian, the kind of animal for which prescribed and the name and address of the owner thereof, shall plainly set forth the quantity of the substance prescribed, and shall be signed by the person giving the prescription. Such original prescription shall be permanently retained on file by the person, firm or corporation which compounds or dispenses the substance prescribed. No copy or duplicate of such prescription shall be made or delivered to any person, but the original shall at all times be open to inspection by the prescriber and by properly constituted officers of the law. Any person, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than two hundred dollars, and in addition to such fine any person so convicted may, in the discretion of the court, be confined in the county jail for a period not exceeding six months.[1907, Ex. Sess., c. 12, §§25, 26; 1909, c. 72, §26; 1911, c. 16, §3; Code 1923, c. 150, §§29b(25)(26), 29c(3).]

§9. When Unlawful to Furnish or Prescribe Narcotic Drugs.—It shall be unlawful for any physician or dentist to furnish to or prescribe for the use of any habitual user of the same any cocaine, alpha or beta eueaine, opium, morphine, heroin, chloral hydrate, or any preparation or compound containing any of the foregoing drugs or substances. It shall also be unlawful for any physician or dentist to furnish or prescribe any of the foregoing drugs or substances for the use of any person not under his treatment in the regular practice of his profession, or for any veterinarian to furnish or prescribe any of the foregoing drugs or substances for the use of any human being: Provided, however, That the provisions of this section shall not be construed to prevent any licensed physician from furnishing or prescribing in good faith, for the use of any habitual user of narcotic drugs who is under his professional care, such substances as he may deem necessary for his treatment, when such prescriptions are not given or substances furnished for the purpose of evading the provisions of this article.[1907, Ex. Sess., c. 12, §27; 1909, c. 72, §27; Code 1923, c. 150, §29b(27).]

§10. Limitation of Four Preceding Sections.—The provisions of the four preceding sections shall not apply to preparations containing not more than one-half grain of opium, or not more than one-half grain of codeine, or not more than one-eighth grain of morphine, or not more than one-twelfth grain of heroin, or not more than one-thirty-second grain of cocaine, or not more than one-thirty-second grain of alpha or beta eucaine, or not more than two grains of chloral hydrate in each dose; nor to preparations containing opium and recommended and sold in good faith for diarrhoea and cholera, each bottle or package of which is accompanied by specific directions for use and a caution against habitual use; nor to powder of ipecac and opium, commonly known as Dover’s powder; nor to liniments or ointments when plainly labeled “for external use only.”[1907, Ex. Sess., c. 12, §26; 1909, c. 72, §26; Code 1923, c. 150, §29b(26).]

§11. Penalties for Violation of Provisions of Article Generally; Second Conviction; Prosecutions.—Any person, firm or corporation violating any of the provisions of this article, where punishment is not otherwise provided, shall be guilty of a misdemeanor, and, upon conviction for the first offense, shall be fined not less than twenty-five nor more than fifty dollars; and, upon conviction for a second offense, shall be , fined not less than fifty nor more than one hundred dollars; and, upon conviction for a subsequent offense, shall be fined not less than one hundred nor more than two hundred dollars, and, in addition to such fine, any person so convicted may be imprisoned in the county jail for s not more than six months.

If the convicted person be a licensed pharmacist, assistant pharmacist, physician, dentist or veterinarian, it shall be the duty of the clerk of the court in which any such conviction is had to transmit forthwith a certified copy of the y record entry of such conviction to the state board of pharmacy, the state public health council, the state board of dental examiners, or the state veterinary examining board, as the case may be, which shall, upon a second conviction of such person, revoke his license and strike his name from the register, and it shall be unlawful for such person thereafter to practice , the business of pharmacy, conduct a drug store, act as a registered pharmacist or assistant pharmacist, or practice the profession of medicine, dentistry or veterinary medicine, as the case may be, in this State.

It shall be the duty of the board of pharmacy to cause the prosecution of all persons violating the provisions of this article.[1907, Ex. Sess., c. 12, §§27, 30; 1909, c. 72, §27; Code 1923, c. 150, §29b(27) (30).]

§1. Common Drinking Cup Prohibited; Penalty.—No person, firm or corporation owning and operating, or having the management or control of, any of the public places, vehicles or buildings hereinafter mentioned, shall furnish, or permit the use of, the common drinking cup on railroad trains, street cars, interurban cars or boats carrying passengers, in railroad or interurban stations, in any state or other public building, in the public, parochial or private schools or other educational institutions, in hotels, restaurants, theaters, department stores, or at public drinking springs and fountains within this State. The state department of health shall have full authority to establish rules and regulations to make the provisions of this section effective. Any person, firm or corporation failing to observe the provisions of this section, or the rules and regulations of the state department of health made in relation thereto, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten nor more than fifty dollars for each offense.(1913, c. 23, §§1, 2; Code 1923, c. 150, §20h.)

§2. Throwing Dead Animals or Offensive Substance Into Waters Used for Domestic Purposes; Penalty.—Whoever knowingly and willfully shall throw, or cause to be thrown, any dead animal, carcass or part thereof, or any putrid, nauseous or offensive substance, into any well, cistern, spring, brook or branch of running water, which is used for domestic purposes, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five nor more than one hundred dollars, and may, at the discretion of the court, be confined in the jail of the county not exceeding ninety days, and, moreover, shall be liable to the party in jured in a civil action for damages.(1872-3, c. 176, §1; Code 1923, c. 150, §20c.)

§3. Depositing Dead Animals or Offensive Substance in Waters or on or Near Roads, or on Public Grounds; Penalty; Failure to Bury or Destroy Offensive Substance after Conviction; Successive Offenses; Jurisdiction of Justices.—Whoever shall put the carcass of any dead animal, or the offals from any slaughter-house, butcher’s establishment or packing house, or slop or other refuse from any hotel or tavern, or any spoiled meats or spoiled fish, or any putrid animal substance, or the contents of any privy vault, upon or into any river, creek or other stream within this State, or upon the surface of any road, street, alley, city or town lot, public ground, market space, or common, or upon the surface of any land within one hundred feet of a public road; or whoever, being the owner or occupant of any such city or town lot, public ground, market space, common, or land, shall knowingly permit any of the things hereinbefore named to remain thereon, to the annoyance of any of the citizens of this State, or shall neglect or refuse to remove or abate the nuisance occasioned thereby, within twenty-four hours after knowledge of the existence of such nuisance, upon any of the above described premises owned or occupied by him, or after notice thereof in writing from the health officer of the county, or the mayor or health officer of the municipal corporation, as the case may be, in which any such nuisance exists, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five nor more than one hundred dollars.

Upon a conviction for any such offense, the accused shall, within twenty-four hours after such conviction, bury at least three feet under the ground, or destroy by fire, any of the things hereinbefore named which he has placed or knowingly permitted to remain upon such city or town lot, public ground, market space, common, or land, contrary to the provisions of this section, and his failure so to do shall constitute a second offense against the provisions of this section, and every like neglect of each twenty-four hours thereafter shall constitute an additional offense against the provisions of this section.

A justice of the peace shall have jurisdiction of any offense against the provisions of this section committed within his county.(1887, c. 25, §§1, 2, 3; Code 1923, c. 150, §20d.)

§4. Sale or Gift of Cigarette or Cigarette Paper to Person under Twenty-one, or of Cigar, Pipe or Tobacco to Person Under Sixteen; Penalty.—No person, firm or corporation shall sell, give or furnish, or cause to be sold, given or furnished, to any person under the age of twenty-one years, any cigarette or cigarette paper, or any other paper prepared to be filled with smoking tobacco for cigarette use; and no person, firm or corporation shall sell, give or furnish, or cause to be sold, given or furnished to any person under the age of sixteen years any cigar, pipe or tobacco in any form. Any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor, and, upon a conviction thereof shall be fined not less than ten nor more than twenty-five dollars for the first offense, and for each subsequent offense not less than twenty-five nor more than three hundred dollars.[1891 c. 10, §§1, 2; 1913, c. 16, §§1, 6; Code 1923, c 150, §20e(1)(6).]

§5. Smoking or Possession of Cigarette or Cigarette Paper by Person Under Twenty-one; Penalty; Immunity.—No person under the age of twenty-one years shall smoke, or have about his person or premises, any cigarette or cigarette paper or any other form prepared to be filled with smoking tobacco for cigarette use. Any person violating the provisions of this section shall be punished by a fine of not exceeding five dollars: Provided, That if any such person shall fully, freely and truthfully disclose the name of the person, firm or corporation from whom he obtained any such cigarette or cigarette s paper, he shall be immune from further prosecution or punishment for said offense.[1891 c. 10, §§1, 2; 1913, c. 16, §§1, 6; Code 1923, c 150, §20e(l)(6).]

§6. Duties of Officers; Penalty for Failure to Perform.—It shall be the duty of every constable, policeman, town sergeant, sheriff or his deputy, when he finds any person under the age of twenty-one years smoking a cigarette, or with a cigarette or a cigarette paper in his possession, immediately to inquire of such person tte where and of whom he obtained such cigarette, or cigarette paper, and, upon failure of any; person to give such information when requested by such officer, the officer shall arrest such person and take him before a justice or other officer of having jurisdiction, to be dealt with as provided in the next preceding section of this article. Upon information of such person to said officer of the violation of any of the provisions of the or two next preceding sections of this article, such, officer shall immediately report such information to the prosecuting attorney of the county, who shall have the person giving such information, along with any other witnesses having any a knowledge of the transaction, summoned before, the grand jury at its next session for investigation. Any officer failing to perform the duties or required of him by this section shall be fined not exceeding five dollars for each offense.[1913, c. 16, §3; Code 1923, c. 150, §20e(3).]

§7. Smoking Cigarettes in School Building or on School Grounds; Penalty.—Every person who shall smoke a cigarette or cigarettes in any school building, or in any building or part thereof used for school purposes, or on any lot or grounds used for school purposes, while the same is occupied or used for school purposes, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished for each offense by a fine of not less than one nor more than five dollars.[1913, c. 16, §4; Code 1923, c. 150, §20e(4).]

§8. Jurisdiction of Justices and Police Judges.—Justices of the peace and police judges shall have concurrent jurisdiction with the circuit and criminal courts of this State of offenses under sections four to seven, both inclusive, of this article.[1913, c. 16, §3; Code 1923, c. 150, §20e(3).]

§1. Persons Subject to Sterilization; Procedure; Order of Public Health Council.—Whenever the superintendent of any of the following state institutions, namely, the Weston state hospital, the Huntington state hospital, the Spencer state hospital, the Lakin state hospital, the West Virginia industrial school for boys, the West Virginia industrial home for girls, the West Virginia industrial school for colored boys, or the West Virginia industrial home for colored girls, shall be of the opinion that it is for the best interests of the inmates of the institution of which he is superintendent and of society that any inmate of such institution who is afflicted with any hereditary form of insanity that is recurrent, idiocy, imbecility, feeble-mindedness or epilepsy should be sexually sterilized, such superintendent shall present to the public health council of this State a written petition stating the facts of the case and the grounds of his opinion, verified by his affidavit to the best of his knowledge and belief, and praying that an order may be entered by said council requiring him to perform, or to have performed by some competent physician or surgeon to be designated by him in his petition or by the council in its order, upon such inmate named in such petition, the operation of vasectomy if upon a male and of salpingectomy if upon a female.

A copy of such petition shall be served upon such inmate named therein, together with a notice in writing designating the time and place in said institution, not less than thirty days before the presentation of such petition to the public health council, when and where the council will hear and act upon such petition. If such inmate has a parent, child, brother, sister, guardian or committee residing in this State whose name and place of residence are known to such superintendent, a copy of such petition and notice shall be served upon such parent or parents, child, brother, sister, guardian, or committee. If such notice cannot be so served, the superintendent shall file a copy of such petition in the office of the clerk of the county court of the county where the inmate last resided, and shall cause such notice to be published once a week for two successive weeks in some newspaper of general circulation published in such county, and completed thirty days before the presentation of said petition to the council, the costs of which publication shall be paid out of the county treasury of the county wherein published. Such notice shall be in the following form:

Any number of cases from the same county may be included in the same notice.

After the notice required by this article shall have been given as herein provided, the public health council, at the time and place named therein, with such reasonable continuances from time to time and from place to place as the council may determine, shall proceed to hear and consider the said petition and the evidence offered in support of and against the same. For every such inmate the council shall appoint a guardian ad litem who must be present at the hearing to defend the rights and interests of such inmate. And the council shall see to it that such inmate shall have leave and opportunity to attend such hearings in person, if desired by him, or by his parent, guardian or committee served with such petition as aforesaid.

The public health council may receive and consider as evidence at such hearing the commitment papers and other records of such inmate in any of the aforesaid state institutions as certified by the superintendent or superintendents thereof, together with such other legal evidence as may be offered by any party to the proceeding. Any member of the council shall have the power to administer oaths to the witnesses at such hearings. Depositions may be taken by any party after due notice as in pending cases and such depositions may be read in evidence if pertinent to the issue: Provided, however, That no deposition shall be read against such inmate, except with the consent of his guardian ad litem, unless it be taken in the presence of the guardian ad litem or upon interrogatories agreed on by him. The council shall preserve and keep all record evidence offered at such hearings, and shall have all oral evidence heard thereat reduced to writing and preserved and kept with its records. Any party to the proceedings shall have the right to be represented by counsel at such hearings.

The public health council may deny the prayer of said petition, or, if the council shall find that such inmate is insane, idiotic, imbecile, feeble minded or epileptic, and by the laws of heredity is the probable potential parent of socially inadequate offspring likewise afflicted; that such inmate may be sexually sterilized without detriment to his or her general health; and that the welfare of such inmate and of society will be promoted by such sterilization, it may order such superintendent to perform, or cause to be performed by some competent physician or surgeon named in such order, upon such inmate, after not less than thirty days from the date of such order, the operation of vasectomy if such inmate be a male or of salpingectomy if such inmate be a female.(1929, e. 4, §1.)

§2. Appeal to Circuit Court.—From any such order so entered by the public health council such superintendent or such inmate, or his parent, guardian or committee, shall have, with in thirty days after the date of such order, an appeal of right to the circuit court of the county in which said institution is located, which appeal may be taken by giving notice thereof in writing to the secretary of said council and to the other parties to such proceedings. Upon taking such appeal the party taking the same shall forth with cause a copy of such petition, notice and evidence and such order of said council to be certified by the president or secretary thereof, or in their absence by any other member thereof, to the clerk of such circuit court, who shall file the same and docket the appeal to be heard and determined by such court as soon thereafter as may be practicable. The pendency of such appeal shall stay proceedings under such order until the appeal shall be determined.

Such circuit court upon such appeal may consider the record of the proceedings before the council, including the evidence appearing there in, and such other legal evidence as such court may consider pertinent and proper that may be offered before the court by any party to the appeal. Before hearing such appeal the circuit court shall appoint for such inmate a guardian ad litem who shall be present at the hearing to defend and protect the rights and interest of such inmate. Upon such appeal the circuit court may affirm, revise or reverse, in whole or in part, the orders of the council appealed from, and enter such order as it deems just and right which it shall certify to the council.(1929, c. 4, §2.)

§3. Appeal to Supreme Court.—Any party to such appeal in the circuit court may, within sixty days after the date of such final order therein, apply for an appeal to the supreme court of appeals, which may grant or refuse such appeal and shall have jurisdiction to hear and determine the same upon the record of the trial in the circuit court and to enter such order as it may find that the circuit court should have entered. The pendency of such an appeal in the supreme court of appeals shall operate as a stay of proceedings under any such order of the public health council or of the circuit court until such appeal shall be determined by the supreme court of appeals.(1929, c. 4, §3.)

§4. Operation.—Whenever any such order shall be made as herein provided by the public health council, or such circuit court, or the supreme court of appeals, ordering such superintendent to perform, or cause to be performed by some competent physician or surgeon named therein, such operation of vasectomy upon any such male inmate or such operation of salpingectomy upon any such female inmate, such superintendent, upon the expiration of any stay of proceedings under any such order, shall be authorized to perform or cause to be performed, and shall perform, or cause to be performed by the physician or surgeon named in such order, such operation pursuant to such order.(1929, c. 4, §4.)

§5. Exemption From Civil or Criminal Liability.—Neither any such superintendent nor other person legally participating in the execution of the provisions of this article shall be liable either civilly or criminally on account of such participation.(1929, c. 4, §5.)

§6. Limitations of Article.—Nothing in this article shall be construed to authorize the operation of castration nor the removal of sound organs from the body; but this provision shall not be construed so as to prevent the medical or surgical treatment for sound therapeutic reasons of any person in this State, by a physician or surgeon licensed by this State, in such a way as may incidentally involve the nullification or destruction of the reproductive functions.(1929, c. 4, §6.)

§7. Fee of Guardian Ad Litem.—Any guardian ad litem appointed by the public health council or by a circuit court pursuant to this article to defend the rights and interests of any inmate of any state institution named herein in proceedings hereunder shall be paid by such institution for his services such fee, not exceeding twenty-five dollars, as may be allowed by the public health council, or by the circuit court in case of appeal.(1929, c. 4, §7.)

§1. Definitions.—Terms used in this article are defined as follows: “Commission” shall mean the state water commission; “commissioner” shall mean a member of said commission; “water” or “waters” shall mean all waters of any river, stream, watercourse, pond or lake; “pollution” shall mean the contaminating or rendering unclean or impure of any water by any act prohibited by section six, article six, chapter twenty of this Code or sections two and three, article nine of this chapter; and “person” shall mean any and all persons natural or artificial including any municipal or private corporation organized or existing under the laws of this or any other state or country, and as well any firm or association.(1929, c. 14, §1.)

§2. Members of Commission; Aid by Division of Sanitary Engineering and College of Engineering; Expenses.—There shall be a state water commission composed of the commissioner of health, the chairman of the public service commission and the chairman of the game, fish and forestry commission, and their successors in office, who shall serve as commissioners thereof without additional compensation; they shall be reimbursed, out of moneys appropriated for such purposes, all sums which they necessarily shall expend in the discharge of their duties as members of such commission. The director of the division of sanitary engineering in the state department of health shall, without additional compensation, perform such services as said commission may request of him in connection with its duties hereunder; he shall be reimbursed, out of moneys appropriated for such purposes, all sums which he necessarily shall expend in the performance of such services. Nothing contained in this article, however, shall be construed to limit or interfere with the power of the state department of health to select, employ and direct the director of the division of sanitary engineering of said department, or any employee thereof who in any way may perform any services for the commission. The college of engineering at West Virginia university, under the direction of the dean thereof, shall, in so far as it can, without interference with its usual and regular activities, aid and assist the commission in the study and research of questions connected with pollution of waters. The dean of the college of engineering shall be reimbursed, out of moneys appropriated for such purposes, any and all sums which he necessarily shall expend in the performance of any services he may render to the commission under the provisions hereof.(1929, c. 14, §2.)

§3. Organization; Employees; Expenditures; Records; Meetings.—Said commission shall elect from its membership a chairman, and also elect a secretary, who need not be a member. The commission may employ such stenographic, clerical and other assistance as shall necessarily be required, and whose duties shall be defined by the commission, and whose compensation, to be fixed by the commission, shall be paid out of the state treasury, out of moneys appropriated for such purpose, upon the requisition of said commission. All orders of said commission shall be entered in a permanently bound record book, properly indexed and carefully preserved. Copies of orders entered by the commission, as well as copies of papers or documents filed with it, or the records of proceedings before the commission, shall be attested by the secretary of the commission. Said commission shall meet at such times or places as agreed upon by the commissioners, or upon call of its chairman, to take up any matters proper or necessary to be considered by it.(1929, c. 14, §3.)

§4. Entering Premises.—Any commissioner or any assistant or employee of said commission may, at any reasonable time, enter any premises while engaged in the performance of duty under the provisions of this article.(1929, c. 14, §4.)

§5. Citations for Pollution; Procedure.—Any person, causing the pollution of any water, or alleged to be causing the pollution of any water, may be cited by the commission on its own motion, and shall, upon the petition of any person, affected by such pollution, be cited, to appear, not less than fifteen nor more than thirty days from the service of such citation, before said commission at a place designated by it, then and there to show cause, if any shall exist, why said commission shall not issue an order regulating such pollution, and any person, affected by such pollution, may by petition intervene as a party complainant or respondent, in any proceeding instituted by or before said commission. Such citation may be issued by the commission or any member thereof and may be served and returned in the same manner as process in any civil action, or it may be served by sending a copy thereof by registered mail addressed to the person causing, or alleged to be causing, any pollution of any water, at his, their or its usual, or last known, post-office address. Any commissioner may issue any subpoena, administer oaths and cause the attendance of witnesses, the production of evidence and testimony in any proceeding before the commission, subject to the same conditions as are provided by the general statutes for the attendance of witnesses and the production of evidence and testimony in civil actions.(1929, c. 14, §5.)

§6. Orders Controlling and Eliminating Pollution; Enforcement.—If upon hearing, the commission shall find that any person is polluting any of the waters of the State, it shall make and enter an order directing such person to cease such pollution or to install, use and operate some practical and reasonably available system or means which will reduce, control, eliminate or reduce to a harmless minimum such pollution, having regard for the rights and interests of all persons concerned: Provided, That the cost of installation, maintenance and operation thereof shall not be unreasonable or inequitable. Such order may specify the particular system or means to be used or operated; or if there shall be more than one such practicable and reasonably available system or means, such order shall give to such person the right to choose which one of such systems or means shall be employed. Such order shall specify the time reasonable under the circumstances within which such system or means shall be used or the operation thereof commenced and such time may be extended by the commission within reasonable limits upon application made to it by the person, to whom such an order shall have been directed and any such order may, upon application of any person affected, be modified by the commission in any other particular not inconsistent with the provisions hereof. If any such order shall not specify the system or means to be used or operated, the person, against whom such order shall be issued shall, before proceeding to install any system or means, submit to the commission for its consideration and action a plan or statement describing the system or means which is proposed to be used or operated; if any person shall desire to make any substantial change in any system or means used or operated, such person shall, before making such change, file with the commission for its consideration and action a plan or statement describing such proposed change, together with an application for the action of the commission thereon and in respect thereto. The commission shall, in any such case, enter an order approving, or disapproving, any such system or means proposed to be used or operated, or permit or refuse to permit the proposed change in any system or means adopted, used or operated, and shall make and enter all such orders as the commission deems proper and necessary. Any order of the commission may, at any time after at least twenty days notice in writing to any person affected thereby and any intervening petitioner, and after a hearing thereon, be modified or revoked by an order entered by the commission. The commission shall forthwith cause an attested copy of any order entered by it to be served upon all persons affected thereby, in the same manner as writs of summons in civil actions may be served, or by sending the same by registered mail to such person, or intervener, at his, their or its usual, or last known, post-office address. The commission may cause the enforcement of any order issued by it to control, eliminate or reduce to a harm less minimum, the pollution of any water, and as well all other orders entered by it in matters subject to its jurisdiction, by application to the circuit court of any county wherein the alleged pollution originated or naturally flows, or to any judge of such court if the same shall be in vacation, to enjoin any person from continuing such pollution, which application shall be brought and the proceedings thereon conducted by the prosecuting attorney of the county wherein such proceedings may be pending, or by special counsel employed by any intervening petitioner.(1929, c. 14, §6.)

§7. Review of Commission’s Orders; Prosecuting Attorney and Attorney General to Represent Commission.—Such circuit court of the county shall have jurisdiction, by certiorari, to review any order of said commission upon the application of any person or intervener aggrieved by such order. Upon the hearing, such circuit court may hear and consider any pertinent and relevant evidence either party or any intervener may offer, and shall determine all questions arising on the law and evidence and render such judgment or make such order upon the whole matter, as law and equity may require. The supreme court of appeals of the State shall have jurisdiction to review the judgment of the circuit court upon application of either party or any intervener. The prosecuting attorney of the county wherein the certiorari proceedings are had shall represent the commission in the circuit court and the attorney general of the state shall represent it in any proceedings in the supreme court of appeals, and any intervener may be represented by counsel specially employed.(1929, c. 14, §7.)

§8. Investigations and Reports Regarding Pollution; Aid from other Agencies.—The commission shall study questions arising in connection with pollution of waters in the State and make reports and recommendations in respect thereto; and, in cooperation with the college of engineering at West Virginia university, make research, investigation and scientific experiments in efforts to discover economical and practical methods for elimination, disposal and treatment of industrial wastes and the control and correction of stream pollution; and to this end the commission may cooperate with any public or private experimental agency and receive there from, on behalf of the State, and for deposit in its treasury, any money which such agency may contribute as its part of the expense there of.(1929, c. 14, §8.)

§9. Sections of Code Not Repealed or Modified.—Nothing in this article contained shall be so interpreted or construed as to in any way repeal, supersede or modify section six, article six, chapter twenty of this Code and section seven, article one, and sections two and three, article nine of this chapter.(1929, c. 14, §9.)