The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-02-20

cline the said nomination shall IN either cass be deemed
thereby 70 have vacated his membership Of said Board
and the vacancy created shall be filled as Is provided
As e other vacancies but membership Of tbs Board
shall not affect membership in the Board Of Police or the
PRoCHDrses FOR RxnovA1a
Sec 9. ANY member OF the said Board may, at any
time, BE- removed nom Office by the Governor under the
provisions OF the laws relative TO the removal OF shes
from Office which provisions are hereby extended SO
to relate TO the members Of said Board but before such
removal such member shall be served with specific
charges stating the derelicon Of duty complained Of
and shall be afforded an adequate opportunity TO pub
licy answer the and make his defence thereto
upon reasonable notice TO be given him. and the APP
plicaton of the Governor, the party charged, any
judge of the Supreme Court shall have full and
authority TO compel the attendance and examination Of
Witnesses touching such charges defence and the
ducton of books and papers relating thereto at the place
and tine where the aforesaid proceedings bearing may
take place. as is given herein in respect TO the exanin
ton OF witnesses, or the production OF papers, on
the application Of said Board, in the fourteenth
such judge land Of any other Judge named in said sec
toni to exercise such authority and TO take or supervise
the taking Of such examination TO be used on the hear
ing OF such charges defense. And If by removals
other cause the members of the Board shall be less than
FIVE but not less than hrce) the existing members shall
still constitute Board competent by unanimous action
sUrERISTENDESTs.
Sec TO- Said Board shall have power to create chief
executive Office, and appoint suitable person fill such
Office who shall be an experienced and skilful physi-
shall be, the Sanitary Superintendent of the Nero
potan Sanitary district Of the State of New York."
tcndent" 1t shall be the duty of said officer as he
may lie directed, TO execute or cause to be exc
cuted the orders Of said Board, and generally,
according TO its instruction, to exercise a practical
supervision in respect to the inspectors, agents and
other persons tother than the Secretary Treasurer
members Of the Board, the members of the police
force) who may exercise any authority under this act
and said officer shall, devote his services the aforesaid
purposes the Board may from time time direct He
shall be entitled to receive salary to be fixed by the
Board which shall exceed Eve thousand dollars
nualy. such Superintendent shall make ports weekly,
pf "A pfCHh I'm ar1 IN Min
generally his action and that OF his subordinate,
and the condition Of the public health in said district,
and any causes endangerng e or health that have
to his knowledge during said period. And said Board
may appoint two Assistant Sanitary Superintendent"
or sma s oe ror ne ely
duties in that city, whose duties shall be Of
the same nature MS those of the last named
ohcer and their sar es not to exceed thiriyve hun
dred dollars year each shall be fixed by the Board.
rFrEEN sANirARY NsrEToRs, CLssKs, couNEis AND OFF,
GERS or rus BoAsD
Sec IL. Said Board may appoint and commission suca
number of sanary insCctors rs TIE Board may doa"-
neediul not exceeding dfteen and. nom "" % time
a he aes ana sa of each of said nspec-
su a NJ ns performance land of all other
US nerein oyided but at least ten Of such in
-aa % physicians Of skill and of practical pro-
thereof all be selected with reference to their practical
knowi"age Of scientific sanitary matters, which may
especially qualify them for such inspectors. Each Of
Such inspectors SHALL twice in each week, make written
report to said Board, stating what duties he has per-
formed and where he has performed hem aud also such
with the purposes Of this act, as are by him deemed
worthy the attention Of said Board or as its regulations
may require Of him; and SUCH and the other reports
herein elsewhere mentioned, shall be preserved among
the records OF said Board The Board may also employ
such number Of clerks and servants and fix their saa
res and take such legal advice and employ such attor
neys may be necessary the Efficient safe and
omca discharge Of the duties by this act devoved
sc J occ anu o may aaE m ana mo
agents and employees, and the prudeN and proper dis
charge of the duties of the Board. may require. And
may make such incidental and additional expenditures
visions OF this act and the dangers to life and
provide that any any failure Of any onlcer. agent
employe Of the Board to duly fulfil his engage
mcnts or discharge his duty shall forfeiture
Of the whole any less portion OF the salary
pensaon Of such officer, agent employee, a. the rules
OF practice of the Board may provide And the Board
OF Police Is authorized to allow the Board OF Health 70
occupy portion Of its premises.
POWERS or MUNICIPAL Boards AND OFFICIALS
ABsonBgD AND ExcLUsvEI.Y EXERCISED.
Sec. L. The authority, duty and powers, whether
given by any law by any ordinance made Hereunder
heretofore or the purpose Ct preserving or protesting
now belonging TO- being exercised by the Board Of
Health, or the Board Of Public Health OF in the city
Of New York OF In the city Of Brooklyn, else
where in said district, the Mayor aud Common Council
Of either Of said cities the hayor of the city Of New
of Aldermen the President of the Board Of Aldermen,
the President Of the Board Of Assistant Aldermen Tor
councilmcnl the Resident Physician the Health Com;
Health, the Commissioners Of Health, the City In.
spcctor Tor the City Inspectors Department. Of
belonging 10 any Of the said bodies OIL
GERS, last named Boards Departments, to any
Board Of Health Health officer agent in said dis
tric or exercs by any officer person appointed by
or deriving authority from, any one or more OF the
bodies, officers departments or last named boards ESQ
far said powers and authority be exercised and
such duty performed by the board hereby created with
out Interference with the proper discharge Of the dutes
other than sanitary duties heretofore imposed upon the
Board 81 Metropolitan Policel are hereby exclusively
conferred upon and shall hereafter be exclusively
cised by, the aforesaid ''The Metropolitan Board Of
Health :" the members and officers thereof herein
provided and the to be exercised Us herein set
forth land 70 such extent and in such place and man.
said Board may provided for the greater proec
ton and security Of health and life In said district and
the appropriate parts thereof and after this oct goes into
effect no salary or compensation shall be paid 70 any
ofcer board agent in respect TO any service,
penditure or employment under the authority OF any
in said css or any part Of said district unIess such
salary, expenditure or employment shall be authorized
by the Board hereby created and contemplated by tho
provisions Of this act And the aforesaid power duty
and authority hereby transferred and conferred upon
said Board shall be held 10 include all the power duty
gwen or To conferred to or upon any person. ocer
or board In or by any ordinance contained purporng
70 be contained in the rst ten chapters o. ordinances
pilaton Of claws and Ordinances Relative 70 the Pro
servaton Of the Public Health In the City Of New York.
and purporting 70 be published under the authority
and by the direction Of tho Mayor and Commas
sioncrs Of Health OF said city, In the year one
thOuoano eight hundred and BY existing
amentmenis and additions thereto But no fees Of any
kind shall Be charged for the performance Of any duties
imposed by said ordnance And said Board shall also
poesess land may exercise by ia agents. by order
70 be executed BY said Board Of occl throughout said
district all the power and authority the protection
life or health, o. the care preservation OF health,
diseased threatened herewith conferred by
any law o. ordinance relating 70 any part Of said dsc
and especially by the oct Of the 1th OF April 1854 beng
the 3sih chapter OF the laws Of 1884, upon the Mayor
Common Council Board Of Health, or the Health 0cers
or upon any two moro OF them other officers In
said act mcstionod.
MUNICIPAL rowRRs ExcEPrEp
But the powers and authority In this section given shall
not be held 10 interfere with the powers and duties OF the
Croton Aqueduct Board Street Commissioner Superinten-
dent Of Unsafe Buildings Comptroller Of New York city,
or the board authorized 70 contract for street cleaning
(under the Lac q 1851 nnr shall In the afore
said laws ordinances contained BE- constnged a. lin
ation OF any power In this bill elsewhere given TO the
said Board 70 limit tho penalties and expenses may
enforce cooc and all the power recited given by
said ordinances shall belong wholly TO said Board who
may exercise the without the advice or CO.