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Leonard Kalisch, for the prosecutors.

McCarter & Adams, for the defendant.

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Fort, J. The complaint in this case charges that the defendants "did contract a plumbing and drainage system, or a portion thereof, of the building situated at the corner of Ridgewood avenue and Baldwin street, on the north side, in the said borough of Glen Ridge, without their having first filed with the secretary of said board of health a plan thereof, signed by the owner, showing the said plumbing and drainage system entire, and without the approval of the said board of health having first been secured therefor."

The ordinance in question reads as follows: “Sec. 76. Before any portion of the plumbing and drainage system of any building shall be constructed there shall be filed with the secretary of the board of health a plan thereof, signed by the owner, showing the said plumbing and drainage system entire, from its connection with the sewer, cess-pool or vault, throughout the entire building, together with the location of all fixtures, traps, ventilating pipes, &c. Said plan must be approved and the name of the plumber attached thereto before any portion of the work shall be executed," &c. The complaint seems to charge two offences: (1) Constructing the work "without their first having filed with the secretary of the board of health a plan thereof, signed by the owner;" (2) Because they constructed the work “without the approval of the board of health being first secured therefor."

The conviction sent up is: "Defendants were, by Arthur Darlington, a justice of the peace of the county of Essex, convicted of violating section 76 of the sanitary and plumbing code of the board of health of the borough of Glen Ridge, N. J., * * * wherefore the said justice of the peace doth give judgment that the plaintiff recover of the defendant fifty dollars penalty and four dollars and one cent costs of this proceeding.” There is no conviction in the record of any offence with which the defendants are charged. They cannot be "convicted of violating section 76 of the sanitary and plumbing code of the board of health.” That section makes some act, or the failure to do some act, an offence. The defendants were tried upon the charges in the complaint, and the conviction must be guilty of some of the offences charged.

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O'Shaughnessy v. McLorinan, 43 N. J. L. 410; Salter v. City of Bayonne, 59 N. J. L. 128; 36 Atl. Rep. 667. Nor is it clear that the proper construction of this ordinance makes the plumber liable for the penalty imposed for the failure to comply with the requirements of section 76 of the borough ordinance. We think that there is no penalty imposed upon the plumber for the failure to file with the secretary of the board “a plan thereof, signed by the owner, showing the said plumbing and drainage system entire.” The ordinance does not say that the plumber must do that. It does say that such plan shall be filed, “signed by the owner," and if the duty to file is cast upon anyone it would seem to be upon the owner. A plumber will not be held to this duty by implication. Penal ordinances are construed strictly and will not be held to create a liability where the words are not clear in fixing it. Nor do we think that the provision of the ordinance which says "said plan must be approved, and the name of the plumber attached thereto, before any portion of the work shall be executed” makes it clear that the plumber must get such approval. A proper construction seems otherwise. The plumber does not have to sign. Is it not clear that this ordinance places a duty upon the owner to file a signed plan of his work, and to attach thereto the name of the plumber who is to do it, and to then obtain the approval of the board of health thereto, with all this information before it? It is not necessary for the owner to do this in person. His architect, or even his plumber, may no doubt do it, but for a failure to do it he alone, as we construe this ordinance, is liable. It is his building, and his work that is to be done, and with the construction of his building that the board of health has concern. If it is desired to hold plumbers liable the ordinance must say so specifically.

The conviction will be set aside.

Circulars and Laws.

Many of the circulars which have been issued from time to time by the New Jersey State Board of Health are now out of print, and others have been replaced by revised editions. Following is a list of those which are at present ready for distribution:

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No. 7.- Protection to Bathers.

79.-Laws Concerning Marriage.
83.–Tuberculosis.
89.—Bulletins Nos. 3 and 4—(Reprint.)
90.-Ice.
94.-Contagions Diseases of Animals.
96.—Public Health Laws, 1899.
97.-Illuminating Oils
98.—Restriction of the Spread of Communicable Diseases.

99.-Maritime Quarantine.
“ 100.—Transportation of the Dead.
" 101.-Births, Marriages and Deaths.

102.-Small-pox.
103.-Foods and drugs.

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NEW CIRCULARS.

New circulars have been issued as follows: No. 101, Births, Marrriages and Deaths; No. 102, Small-pox; No. 103, Foods and Drugs.

CIRCULAR 101, MAY, 1901.

Births, Marriages and Deaths.

SYNOPSIS OF THE LAW RELATING TO THE CERTIFICATION AND

REGISTRATION OF BIRTHS, MARRIAGES AND DEATHS IN NEW
JERSEY. (CHAPTER 39, LAWS OF 1888.)

Duties of Clergymen and Others.-All persons who perform the marriage ceremony shall, within thirty days, transmit a certificate of the marriage to the local registrar of vital statistics, if there be such officer, and if there be no such officer, then to the assessor in townships and to the city clerk in cities. (Sections 1, 4.)

Duties of Physicians and Midwives. The physician or midwife who is present at the birth of any child shall transmit, within thirty days, a certificate of birth to the officer mentioned in the preceding section. (Section 2.)

Duties of Parents.—When no physician or midwife is present at a birth, then the parents shall transmit the certificate of birth to the proper officer. (Section 2.)

The assessor, city clerk or other person acting as registrar of vital statistics shall supply physicians with twelve stamped envelopes annually. (Section 2.) Assessors in townships shall make “special returns

of births in cases where any physician, midwife or parent has failed to perform this duty. (Section 2.)

When any person shall die within the State, the attending physician shall sign a certificate of death and deliver it to the undertaker or family. (Section 3.)

If no physician shall have attended the deceased person, any physician may view the body and issue a certificate. · (Section 3.)

Any coroner or other officer who shall lawfully conduct an investigation into the cause of death shall furnish the certificate of death. (Section 3.)

When any death occurs within any city or other municipality the registrar of vital statistics, if there be such officer, and if there be no such officer, then the city clerk, after having received the certificate of death, shall issue a permit for burial, and no body of any person dying in any city or other municipality shall be buried until said permit has been issued. (Section 5.)

When the death occurs in any township and the burial is to be made anywhere in the State outside of municipal limits, the certificate of death is itself a permit for burial. (Section 5.)

When the death occurs in any township and the burial is to be made within any city or other municipality, the certificate of death is to be delivered (see next paragraph) to the assessor of the township, or if the assessor cannot be found, to the clerk of the township, and the said assessor or clerk shall then issue the permit for burial. (Section 5.)

It is provided, however, that when a death shall occur in any township and the burial is to be made within any city or other municipality, the certificate of death may be delivered, if more convenient, to the registrar of vital statistics, if there be such officer, and if there be no such officer, then to the clerk of the city or other municipality within which the burial is to be made. (Section 5.)

When, for convenience (see preceding paragraph), the certificate of death is delivered to the registrar or clerk of a municipality, the undertaker shall make known to the said officer the name and post-office address of the assessor of the township in which the death occurred, and shall also pay the sum of two cents for postage, and said officer shall issue the burial permit and transmit the certificate of death to the said assessor. (Section 5.)

Any Judge of the Court of Common Pleas, or any justice of the peace of the county, may issue a burial permit in case the registrar or clerk of any city or other municipality is absent. (Sec

tion 6.)

When any dead body shall be brought into this State for burial, it shall be accompanied by a certificate of death, or, in lieu thereof (see also chapter 156 of the laws of 1900), a certificate of death may be obtained from a physician residing in the district within which the burial is to be made. (Section 7.)

When a dead body is to be removed from this State (see also chapter 156 of the laws of 1900), the undertaker shall obtain a transit permit from the proper officer. (Section 8.)

A record of interments in cemeteries owned by cemetery companies shall be kept by the person in charge of every such cemetery. (Section 9.)

Undertakers shall transmit certificates of death within five days after burial, to the assessor of the township in which the death occured, in all cases in which the said certificate has been used as a permit for burial. (Section 10.)

No dead body shall be buried until a lawful permit for burial shall first have been obtained, nor shall any such permit be unlawfully signed or delivered by any clerk, under a penalty of $50. (Section 10.)

Any person making a false certificate of marriage, birth or death shall be punished by a penalty of $100, or by imprisonment. (Section 11.)

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