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ARTICLE 9.

Hospitals for Treatment of Pulmonary Tuberculosis.

Section 140. Establishment of hospitals.

141. Selection of site.

142. Jurisdiction of local board of health.

Section 140. Establishment of hospitals. A city of the first class, shall have power whenever its board of health shall deem it necessary for the promotion of the health of its inhabitants, to establish, equip and maintain, outside of its corporate limits, and not within the limits of any other city or any village, a hospital or hospitals for the regular treatment of the disease known as pulmonary tuberculosis.

[L. 1899, ch. 637, § 1, rewritten limiting the section to cities of the first class. The title to the act now states that cities of the first class may establish hospitals, but section one says, any municipal corporation having a population of two hundred and fifty thousand. It was probably the intent of the legislature to apply this act only to cities, and we have rewritten the section accordingly.]

§ 141. Selection of site.-Whenever a city of the first class shall desire to exercise the power conferred by this article it shall through its board of health, select such locality outside of its corporate limits, but within the state, and not within the corporate limits of any other city or any village, as it may consider best adapted by reason of climatic and other conditions for the treatment of such disease, and shall make application to the state board of health for the approval of the site so selected. Upon such approval being given the city may acquire title to such lands as its board of health may designate, within the limits of the locality submitted to and approved by the state board of health. The provisions of law relating to the acquiring of private property for public purposes are hereby made applic

able as far as may be necessary to the acquiring of title to such lands.

[L. 1899, ch. 637, § 2, rewritten and changed by inserting "a city of the first class" in place of the words "municipal corporation" and by inserting "without the corporate limits of any other city or any village."]

§ 142. Jurisdiction of local board of health.-All hospitals or institutions now or hereafter established or maintained by any city of the first class for the regular or special treatment of persons suffering from the disease known as pulmonary tuberculosis shall be subject to the approval of the local board of health; special wards or pavilions for the treatment of cases of pulmonary tuberculosis in existing hospitals shall be provided with separate nurses, cooking utensils, washing and plumbing facilities.

[L. 1899, ch. 637, § 3, without change, except the words "by a city of the first class" are inserted, and "respective" is omitted.]

ARTICLE 10.

Protection of Purchasers of Coal.

Section 150. Attempting to deliver or sell less than a legal ton.

151. Delivery of tickets.

152. Proviso as to delivery of entire cargo.

153. Scales, designation of.

154. Owner of scales to give bonds.

155. Publication of designation.

156. Penalty for fraudulent weighing.

157. Owner of scales to keep memorandum book.

158. Right of purchaser to have coal reweighed.

159. Penalty for refusal to permit coal to be weighed.

160. Recovery and disposition of penalties.

161. Bills of lading; penalty for altering.

Section 150. Attempting to deliver or sell less than a legal ton.— In all transactions relating to the sale or delivery of coal two thousand avoirdupois pounds in weight shall constitute a legal

ton. A person, firm or corporation, in a city of the first or second class attempting to sell or deliver less than two thousand pounds by weight to a ton of coal, or a proper proportion thereof to quantities less than a ton, shall be liable to a penalty of not exceeding fifty dollars, provided that in all cases thirty pounds to a ton shall be allowed for the variation in scales and wastage.

[L. 1897, ch. 174, §§ 1, 2,

Birds. sup. 74, rewritten and combined without change of substance.]

§ 151. Delivery tickets. It shall be unlawful for any person, firm or corporation delivering coal in cities of the first or second class to deliver or cause to be delivered any quantity or quantities of coal which shall have been sold by weight, without each such delivery being accompanied by a delivery ticket, and a duplicate thereof, on each of which shall be in ink, or other indeli ble substance, distinctly expressed in pounds the quantity or quantities of coal contained in the cart, wagon or other vehicle used in such delivery, with the name of the purchaser thereof and the name of the dealer from whom purchased. One of such tickets shall be delivered to the purchaser of the coal specified thereon, and the other of such tickets shall be retained by the seller of the coal. Any person, firm or corporation who shall violate the provisions of this section shall be liable to a penalty of not exceeding fifty dollars.

[L. 1897, ch. 174, § 3, in part.

Birds. sup. 74, without change.]

§ 152. Proviso as to delivery of entire cargo.-The preceding section shall not apply to coal delivered by the entire cargo direct from the vessel containing the same to one destination and accepted by the purchaser on the original bill of lading as proof of weight; but with every such delivery of an entire cargo of coal in any city of the first or second class, there shall be delivered to the purchaser thereof one of the original bills of lading, issued by the person, firm or corporation by whom the coal was loaded

into the vessel from which such coal is delivered to the purchaser of the entire cargo thereof, on each of which bills of lading there shall be in ink or other indelible substance distinctly expressed the date and place of loading such cargo, and the number of pounds contained therein. Any person, firm or corporation who shall violate the provisions of this section shall be liable to a penalty of not exceeding fifty dollars.

[L. 1897, ch. 174, part of § 3,

Birds. sup. 74, without material change.]

§ 153. Scales, designation of. There may be designated by the respective mayors of the cities of the first and second class, stationary or movable scales, suitable for the purpose of weighing coal, the owners of which may tender the same for public use in different parts of the city in such convenience in number and locality as shall be deemed necessary, on which the coal or coal vehicle, with or without coal, may be weighed at the request of the purchaser of the coal. The scales so designated shall be provided at the expense of the owners thereof, with test weights, and shall be subject at all times to the inspection and supervision of the sealers or inspectors of weights and measures in such city who shall inspect such scales at least once in each month. Such scales shall also be provided by the owner thereof with a competent weighmaster. The owner of such scales shall be entitled to charge for weighing coal and coal vehicles containing coal, at such sales, a fee of not exceeding fifteen cents per ton of coal; empty vehicles returning to such scale after delivery of the coal so weighed therein shall be reweighed without further charge.

[L. 1897, ch. 174, § 4, in part.

Birds. sup. 74, without change.]

§ 154. Right of purchaser to have coal reweighed. It shall be the right of every purchaser of coal in any of the cities of the first and second class, before accepting the delivery of the same, to have any of the delivery of such coal weighed at his expense, at any of the scales designated under the provisions of the pre

ceding sections, provided such scales are within a half mile of the place of loading or the place of the delivery of the coal, and for this purpose to require that any vehicle containing coal purchased by him shall be taken by the driver or other person in charge thereof to such scales for the purpose of having the same weighed, and after the delivery of the coal to require that the vehicle from which such coal so purchased shall have been delivered shall be taken by the driver thereof, or any other person in charge thereof, to such scales to be weighed at the expense of the purchaser thereof, and a certificate of the weight of such coal, so weighed as aforesaid shall thereupon be furnished to the purchaser of such coal by the owner of the scales at which such coal is so weighed.

[Birds. sup. 75, rewritten making only verbal changes.

§ 155. Penalty for refusal to permit coal to be weighed. The refusal of any seller of coal to permit coal purchased from him to be reweighed at the request of the purchaser thereof, as aforesaid, or any driver or other person in charge of a vehicle containing coal, or from which coal has been delivered, to take the same at the request of the purchaser to such scale or such scales for the purpose of having the same weighed, provided however that the purchaser of such coal shall have first paid the owners of the scales or to the seller of such coal or to the driver or other person in charge of the vehicle containing such coal, an amount sufficient to meet the charges for weighing such coal, shall render the person, firm or corporation selling the coal liable to a penalty not to exceed fifty dollars.

[L. 1897, ch. 174, § 5, in part;

Birds. Sup., 75, without material change.]

§ 156. Owner of scales to give bonds. The Owner of such scales so designated, shall enter into a bond with the city in which such scales are situated, in the sum of five hundred dollars with two sufficient sureties, conditioned that such scales shall be kept in such condition as at all times to properly regis

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