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L. 1909, ch. 49, 311 amended.

lect or fail to file promptly the certificate required by this sectionTM and to pay the filing fee provided for in this section.

28 If the physician, midwife, or undertaker responsible for the report, is deceased or cannot be located, then the person making application for the certified copy of the record may file such certificate of birth or death together with such sworn statements and affidavits as the state commissioner of health may require, and the state commissioner of health shall file it and issue a certified copy thereof to said applicant without fee and without charge for time of search.

The state commissioner of health shall keep a true and correct account of all fees by him received under this section, and turn the same over to the state treasurer.

§ 9. This act shall take effect immediately.

CHAPTER 368

AN ACT to amend the public health law, in relation to records and reports of vaccinations.

Became a law April 2, 1925, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section three hundred and eleven of chapter fortynine of the laws of nineteen hundred and nine, entitled "An act in relation to the public health, constituting chapter forty-five of the consolidated laws," as last amended by chapter twenty-five of the laws of nineteen hundred and twenty-four,1 is hereby amended to read as follows:

§ 311. Vaccination how made; reports. 1. No person shall perform vaccination for the prevention of smallpox who is not a regu larly licensed physician under the laws of the state. Vaccination shall be performed in such manner only as shall be prescribed by the state commissioner of health.

2. No physician shall use vaccine virus for the prevention of smallpox unless such vaccine virus is produced under license issued by the secretary of the treasury of the United States or under2 a certificate of approval issued by the state commissioner of health, and such vaccine virus shall then be used only within the period of time specified by the expiration date.1

3. Every physician performing a vaccination shall within ten days make a report to the local health officer upon a form furnished by the state commissioner of health setting forth the full name and 27 Words as a substitute for the certificate not filed as required by this article," omitted.

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28 Following paragraph new.

1 Previously amended by L. 1915, ch. 133.

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or under" substituted for words "and is accompanied by." issued new.

by the expiration date" substituted for words "in such approval."

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age of the person vaccinated and, if such person is a minor, the
name and address of his parents, the date of vaccination, the date
of previous successful vaccination if possible, the name of the
maker of the vaccine virus, the lot or batch number of such vac-
cine virus and whether upon re-examination after a proper inter-
val such vaccination was found to be successful or non-successful.
4. Every local health officer shall retain in the files and records
of his office every report of a vaccination reported to him under
the provisions of the preceding paragraph and shall report once
in each month to the state department of health the number of
vaccinations reported to him during the preceding month, to-
gether with the number of those which were successful and the
number unsuccessful. Such report shall be made in such manner
as shall be prescribed by the state commissioner of health.
§ 2. This act shall take effect immediately.

CHAPTER 369

AN ACT to amend section three hundred and sixteen of the public health law, in relation to cadavers.

Became a law April 2, 1925, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

8 316

Section 1. Section three hundred and sixteen1 of chapter forty- L. 1909, nine of the laws of nineteen hundred and nine, entitled "An act 49. in relation to the public health, constituting chapter forty-five of amended. the consolidated laws," is hereby amended to read as follows:2

§ 316. [Cadavers].3 1. Dissection. The persons having lawful control and management of any hospital, prison, reformatory,' asylum, almshouse,5 morgue or other receptacle for corpses not interred, and every undertaker or other person having in his lawful possession any such corpse for keeping or burial may deliver and he is required to deliver, under the conditions specified in this section, every such corpse in their or his possession, charge, custody or control, not placed therein by relatives in the usual manner for keeping or burial, to the medical colleges and universities of the state authorized by law to confer the degree of doctor of medicine and to all other colleges or schools incorporated under the laws of the state for the purpose of teaching medicine, anatomy or surgery to those on whom the degree of doctor of medicine has been conferred, and to any university of the state having a medical preparatory or medical post-graduate course of instruction.

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'No corpse shall be so delivered or received in case the next of kin, within forty-eight hours after death, notifies the person or institution so delivering or receiving the same, that it is desired for interment, or of a person who shall have expressed a desire in his last illness that his body be interred; and in such cases the same shall be buried in the usual manner. Any person claiming any corpse or remains for interment as provided in this section, may be required by the persons, college, school or university or officer or agent thereof, in whose possession, charge or custody the same may be, to present an affidavit stating that he is such relatives and the facts and circumstances upon which the claim that he is such relative is based, and that the said relative assumes the cost of burial, the expense of which affidavit shall be paid by the persons requiring it. If such person shall refuse to make such affidavit, such corpse or remains shall not be delivered to him but he shall forfeit his claim and right to the same. Any such medical college, school, or university desiring to avail itself of the provisions of this section shall notify such persons having the control and management of the institutions and places heretofore specified, and such undertakers and other persons having any such corpse in their possession, custody or control in the county where such college, school or university is situated, and in any other county in the state in which no medical college, school or university is situated, or in which no such medical college, school or university desires to avail itself of the provisions of this section, of such desire, and thereafter all such persons shall notify the proper officers of such college, school or university whenever there is any corpse in their possession, custody or control, which may be delivered to a medical college, school or university under this sec tion, and shall deliver the same to such college, school or university. If two or more medical colleges, schools or universities are entitled to receive corpses, under the provisions of this act and shall have given notice as aforesaid, they shall receive the same in proportion to the number of matriculated students in each college, school or university who are pursuing courses of anatomy and surgery at the time of making the apportionment. The professors and teachers in every college, school or university receiving any corpse under this section shall dispose of the remains thereof, after they have served the purposes of medical science and study, in accordance with the regulations of the local board of health where the college, school or university is situated. Every person neglecting to comply with or violating any provision of this section, shall forfeit to the local board of health where such non-compliance or violation occurred, the sum of twenty-five dollars for every such non-compliance or violation, to be sued for by the health officer of such place, and when recovered to be paid over, less the costs and expenses of the action, to such board for its use and benefits.

7 Following sentence materially amended.

8 Words 66 or friend," omitted.

• Words "and that the said relative assumes the cost of burial," new.

102. Autopsies. The person having lawful control and management of any hospital in which a patient has died may order the performance of an autopsy upon the corpse, unless objection is made to such autopsy by the next of kin within forty-eight hours after death. In case of unclaimed bodies, the aforementioned medical colleges, schools or universities shall have a priority claim to the bodies, for the purpose of teaching anatomy.

3. Disposal of remains. In all cases in which an autopsy or dissection has been made of an unclaimed body, the provisions of article one hundred and ninety-eight of the penal law requiring the burial of a dead body and punishing interference with or injuries to it, shall apply equally to the remains of such body as soon as the lawful purposes of such autopsy or dissection have been accomplished, except that the persons having possession of the dead body may, in their discretion, cause it to be either buried or cremated, or may retain parts of such body for scientific purposes. § 2. This act shall take effect immediately.

CHAPTER 370

AN ACT to authorize the board of supervisors of Albany county to grant or convey to the Albany College of Pharmacy a portion of the real estate of the Albany almshouse, or an easement therein.

Became a law April 8, 1925, with the approval of the Governor.

three-fifths being present.

Passed,

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

authorized.

Section 1. The board of supervisors of Albany county is hereby Grant authorized to grant an easement in or to convey to the Albany college of pharmacy and to execute a necessary grant or conveyance therefor, a plot of ground sufficient and adequate for appropriate college and laboratory buildings and grounds of such institution, of that portion of the real estate of which such county is now seized and possessed in the city of Albany, which is included in the grounds and farm of the Albany almshouse. Property conveyed pursuant to this act shall be accurately defined and described by metes and bounds in the conveyance or grant thereof. Any Conditions. such grant or conveyance, however, shall be made subject to the condition, to be therein expressed, that there shall be erected upon the land so granted or conveyed within three years after the execution and delivery of the grant or conveyance, a building or buildings, which shall be used and continue to be used as and for a college of pharmacy, wherein shall be pursued the study of pharmacy, under penalty of forfeiture of such land to the county of Albany upon failure in the fulfilment of such condition.

2. This act shall take effect immediately.

10 Remainder of section new.

L. 1883, ch. 79,

$ 1 amended.

January meeting

of supervisors.

November meeting.

§ 3 renumbered § 2,

and amended. Claims

presented for audit.

§§ 2, 4-12 repealed.

CHAPTER 371

AN ACT to amend chapter seventy-nine of the laws of eighteen hundred and eighty-three, entitled "An act to regulate the transaction of public business in the county of Albany," in relation to auditing claims and accounts against the county of Albany and to repeal certain sections thereof. Became a law April 8, 1925, with the approval of the Governor.

three-fifths being present.

Passed,

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section one of chapter seventy-nine of the laws of eighteen hundred and eighty-three, entitled "An act to regulate the transaction of public business in the county of Albany," as amended by chapter one hundred and five of the laws of nineteen hundred and nine,1 is hereby amended to read as follows:2

§ 1. On the second Tuesday of January in each year the board of supervisors of the county of Albany shall meet for the purpose of organizing, and shall at such meeting elect a president, a clerk, a journal clerk and committee clerk. At said meeting said board shall have the power to transact any and all business and perform any and all acts which it is provided by law shall be done by said board. The board shall also meet on the second Wednesday next following the general election in November in each year, for the purpose of doing any of the several acts and things which it is provided by law shall be done by said board.

§ 2. Section three of such chapter is hereby renumbered section two and as so renumbered is hereby amended to read as follows:

§ 2. The clerk shall examine all claims which shall be presented to the board for audit and shall enter in a book to be kept by him the name of the claimant; the amount of the claim and the date when the bill or claim was presented, and such other matters as may be proper. All bills or claims which shall not comply in form and verification with the provisions of law shall be forthwith returned by the clerk to the claimant personally or by mail, with a notification of the defect therein.

§ 3. Sections two and five of such chapter as amended by chapter one hundred and five of the laws of nineteen hundred and nine,3 section six of such chapter as amended by chapter four hundred and sixty of the laws of nineteen hundred and nineteen, and sections. four. seven, eight, nine, ten, eleven and twelve of such chapter are hereby repealed.

§ 4. This act shall take effect immediately.

1 Previously amended by L. 1901, ch. 62.

2 Section materially amended.

Section 5 previously amended by L. 1906, ch. 46.

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