L. 1917, hibition or show, in any town outside of incorporated villages, held outside of a regular theatre or opera house and either within the public highways or upon private property, without first obtaining a license therefor from the town board of the town. The town board may have the right to revoke license on complaint of any citizen. No such license shall be granted until the town board shall have investigated the nature of the carnival, exhibition or show, and the matter of concessions, games and practices connected therewith. The applicant at the time of applying for the license shall pay to the municipality a license fee to be fixed by the town board, to be not less than fifty dollars nor more than one hundred dollars. The application shall be accompanied by the affidavit of the applicant setting forth the precise nature of the carnival, exhibition or show and any additional matter which may be required by the town board. If it does not appear that the carnival, exhibition or show is free from lewd or obscene features, or if it appears that any gambling or other violation of law is practiced or that the actors or other persons connected therewith engage in immoral pursuits, the license shall be refused. Each license shall contain an express provision that the police of the municipality shall have free access to such carnival, exhibition or show. A person violating any provisions of this section shall be guilty of a misdemeanor. 2. This act shall take effect immediately. Chap. 269. AN ACT to amend chapter four hundred and eleven of the laws of nineteen hundred and seventeen, entitled "An act to provide for the registration and supervision of laboratories where live pathogenic germs are handled, and to prevent the use of bacteria for criminal purposes, and to eliminate careless methods of transporting live germs." Became a law April 21, 1921, 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 two of chapter four hundred and eleven of the laws of nineteen hundred and seventeen, entitled "An act to tions. provide for the registration and supervision of laboratories where live pathogenic germs are handled, and to prevent the use of bacteria for criminal purposes, and to eliminate careless methods of transporting live germs," is hereby amended to read as follows: § 2. All live pathogenic germs or cultures of such germs when Regulagiven away or sold by a laboratory or other person, shall bear a label on the container showing the registration number of the laboratory or other person, the name of the person or firm obtaining same, and the destination of the germs, and no person cr laboratory shall sell or convey any live germs or culture to any other person or laboratory without the permission of the state commissioner of health.1 § 2. This act shall take effect immediately. Chap. 270. AN ACT to amend the public health law, in relation to consolidated health districts. Became a law April 21, 1921, 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: ch. 49, amended Section 1. Section twenty of chapter forty-nine of the laws of L. 1909, nineteen hundred and nine, entitled "An act in relation to the 20, a public health, constituting chapter forty-five of the consolidated by L. 1920, laws," as last amended by chapter six hundred and twenty-one amended. of the laws of nineteen hundred and twenty,la is hereby amended so as to read as follows: 20. Local boards of health. There shall continue to be local boards of health and health officers in the several cities, villages and towns of the state except as hereinafter provided. In the cities, except cities of the first and second class, the board shall consist of the mayor of the city who shall be its president, and 1 1 Remainder of section omitted which read: ", providing, however, that nothing herein contained shall apply to places where live pathogenic germs or cultures of such germs are handled for duly organized public health boards or departments and for no other person or institution." 1a Previously amended by L. 1909, ch. 165; L. 1913, ch. 559; L. 1915, chs. 124, 555; L. 1916, ch. 369; L. 1918, ch. 275; L. 1919, ch. 423. ch. 621, at least six other persons, one of whom shall be a competent physician, who shall be appointed by the common council, upon the nomination of the mayor, and shall hold office for three years. Appointments of members of such boards shall be made for such shorter terms as at any time may be necessary, in order that the terms of two appointed members shall expire annually. In the cities, except cities of the first and second class, and such other cities whose charters otherwise provide, the board shall appoint, for a term of four years, a competent physician, not one of its members, who shall be a citizen, to be the health officer of the city, and shall fill any vacancy that now exists or may hereafter exist from expiration of term or otherwise in the office of health officer of the city. In villages the board of health shall consist of the board of trustees of such village. In towns the board of health shall consist of the town board. The local board of health shall appoint a competent physician, not a member of the local board of health, to be the health officer of the municipality. Notwithstanding the provisions of any general or local law or charter, a physician who has received the degree of doctor of public health in course from any institution of learning recognized by the regents of the university of the state of New York, or who has completed a course in public health approved by the public health council at the time of his appointment, shall be eligible for appointment as health officer. The term of office of the health officer shall be four years and he shall hold office until the appointment of his successor. He may be removed for just cause by the local board of health or the state commissioner of health after a hearing; such removal by the local board of health must be approved by the state commissioner of health. The health officer need not reside within the village or town for which he shall be chosen. Notice of the membership and organization of every local board of health shall be forthwith given by such board to the state department of health. The term "municipality," when used in this article, means the city, village, town or consolidated health district for which any such local board may be or is appointed. The provisions herein contained as to the boards of health, and for the appointment of health officers, shall apply to all towns and villages, whether such villages are organized under general or special laws. The members of town boards and of village boards of trustees and of boards of health of consolidated health districts shall not receive additional compensation by rea son of serving as members of boards of health, except that in the case of consolidated health districts members of the boards of health of such districts shall be allowed a per diem compensation which shall be the same as is fixed for members of town boards and boards of trustees of villages in the locality, and in addition thereto their actual and necessary expenses, all of which shall be audited and paid in the same manner as the other expenses of the consolidated health districts. Any matter within the jurisdiction of a town or village board of health may be considered and acted upon at any meeting of such town board or village board of trustees. The state commissioner of health, on the request of the town board of any town and the board of trustees of any village and the common council or other like authority of any city, may combine into one health district, hereinafter referred to as a consolidated health district, any two or more of such towns, villages or cities and may on the request of the town board of any town, board of trustees of any village or common council or other like authority of any city at any time thereafter set apart such town, village or city as a separate health district. In any consolidated health district there shall be a board of health which shall consist of the supervisor of each town, the president of the board of trustees of each village, and the mayor and the supervisors of each city included in each district, provided that if the number of members so provided for is an even number less than seven, such members shall within thirty days after such district shall have been established by the state commissioner of health choose an additional member of such board of health to be known as the elective member, and if the number of members so provided for is more than seven such members shall meet and elect a board of health of three members for such consolidated health district. Of the board of health first so elected one member shall be elected to serve until one year from the first day of January following his election, one to serve two years, and one to serve three years from such first day of January, and until his successor has been elected and has qualified. Prior to December first each year such village presidents, mayors and supervisors shall meet and elect one member of the board of health who shall serve three years from the January first following and until his successor has been elected and has qualified. An elective member shall * Remainder of sentence new. serve for a term of two years from the first day of January preceding his election and until his successor shall have been appointed, provided that if at any time the number of members of the board of health, excluding the elective member, shall become an odd number, the term of office of the elective member shall thereupon cease. The board of health of a consolidated health district shall from time to time elect a president from among its members. The health officer of a consolidated health district shall serve as the secretary of the board of health thereof without additional remuneration therefor. In each such consolidated health district the board of health shall appoint a health officer. Each board of health and each health officer of a consolidated health district shall have all the rights, powers, duties and obligations conferred and imposed by law upon boards of health and health officers respectively. When any consolidated health district is established, as herein provided, the boards of health of the towns, villages or cities included within such district, shall thereupon cease to exist as boards of health, and all their rights, powers, duties and obligations shall thereupon be transferred to the board of health of such district. When the board of health of any such consolidated health district shall have appointed a health officer therefor, the terms of office of the health officers of the towns, villages or cities included in such district shall cease, and all their rights, powers, duties and obligations shall thereupon be transferred to and imposed upon the health officer appointed for such consolidated health district. The board of health of any such consolidated health district shall from time to time audit all accounts, and allow or reject all charges, claims and demands against such health district for the remuneration and expenses of the health officer, registrar or registrars, and for all other expenses lawfully incurred by said board of health or on its authority. Unless such board of health of such consolidated health district adopts the estimate system of payment as provided by this section they shall, prior to the annual meeting of the board of supervisors each year, make an abstract, to be known as the consolidated health district abstract, of the names of all persons who have presented to them accounts to be audited, the amounts claimed by each such person and the amounts finally audited and approved by them respectively, and, if such |