tracted with the board of managers of the hospital for the care and treatment of its sick and diseased and injured persons, resident in such counties for a period of at least one year. Such patients shall not be received and cared for unless there is sufficient provision for the care of the sick, diseased, and injured of the county in which the hospital is situated. Said superintendent shall cause to be kept proper accounts and records of the admission of all patients, their names, age, sex, color, marital condition, residence, occupation, and place of past employment.

He shall cause a careful examination to be made of the physical condition of all persons admitted to the hospital and provide for the treatment of each such patient according to his need; and shall cause a record to be kept of the condition of each patient when admitted, and from time to time thereafter.

He shall temporarily or permanently discharge from said hospital any patient who shall willfully or habitually violate the rules thereof; or who is found not to be sick, diseased, or injured; or who is found to have recovered therefrom; or who for any other reason is no longer a suitable patient for treatment therein; and shall make a full report thereof at the next meeting of the board of managers; and the said board shall make such final disposition of the case as they may think proper. From the decision of the board of managers there shall be no appeal.

He shall collect and receive all moneys due the hospital, keep an accurate account of the same, report the same at the monthly meeting of the board of managers, and transmit the same to the county collector within 10 days after such meeting.

He shall, before entering upon the discharge of his duties, give a bond in such sum as the board of managers may determine, to secure the faithful performance of the duties of his office.

SEC. 9. Any resident of the county in which the hospital is situated, desiring treatment in such hospital, may apply in person to the superintendent or to any reputable physician for examination, and such physician if he find that such person is suffering from any illness, disease, or injury, may apply to the superintendent of the hospital for his admission. Blank forms for such application shall be provided by the hospital, and shall be forwarded by the superintendent thereof gratuitously to any reputable physician in the county upon request. So far as practicable, applications for admission to the hospital shall be made upon such forms. The superintendent of the hospital, upon receipt of such application, if it appears therefrom that the patient is suffering from illness, disease, or injury, and if there be a vacancy in the said hospital, shall notify the person named in such application to appear in person at the hospital. If, upon personal examination of such patient, or of any patient applying in person for admission, the superintendent is satisfied that such person is suffering from any illness, disease, or injury he shall admit him to the hospital as a patient. All such applications shall state whether, in the judgment of the physician, the person is able to pay in whole or in part for his care and treatment while at the hospital, and every application shall be filed and recorded in a book kept for that purpose in the order of its receipt. When said hospital is complete and ready for the treatment of patients, or whenever thereafter there are vacancies therein, admission to said hospital shall be made in the order in which the names and applicants shall appear upon the application book to be kept as above provided, in so far as such applicants are certified to by the superintendent to be suffering from any illness, disease, or injury. No discrimination shall be made in the accommodations, care, or treatment of any patient because of the fact that the patient or his relatives contribute to the cost of his maintenance, in whole or in part, and no patient shall be permitted to pay for his maintenance in such hospital a greater sum than the average per capita cost of maintenance therein, including a reasonable allowance for the interest on the cost of the hospital; and no officer or employee of such hospital shall accept from any patient thereof any fee, payment, or gratuity whatsoever for his services.

SEC. 10. Whenever a patient has been admitted to said hospital from the county in which the hospital is situated, the superintendent shall cause inquiry to be made as to his circumstances, and of the relatives of such patient legally liable for his support. If he finds that such patient or said relatives are liable to pay for his care and treatment in whole or in part, an order shall be made directing such patient or said relatives to pay to the treasurer of such hospital for the support of such patient a specified sum per week in proportion to their financial ability, but such sum shall not exceed the actual per capita cost of maintenance. The superintendent shall have power and authority to collect such sum from the estate of the patient or his relatives legally liable for his support in the manner provided by law for the collection of expenses of the last illness of a deceased person. If the superintendent finds that such patient or said relatives are not able to pay either in whole or in part for his care and treatment in such hospital, the same shall become a charge upon the county. Should there be a dispute as to the ability to pay or doubt in the mind of the superintendent, the county court shall hear and determine same after calling witnesses, and shall make such order as may be proper, from which there shall be no appeal.

SEC. 11. The resident officer of the hospital shall admit the managers into every part of the hospital and the premises and give them access on demand to all books, papers, accounts, and records pertaining to the hospital, and shall furnish copies, abstracts, and reports whenever required by them. All hospitals established or maintained under the provisions of this act shall be subject to inspection by any duly authorized representative of the State board of health or any State board of charities that may hereafter be created, and of the commissioners' court of the county; and the resident officers shall admit such representatives into every part of the hospital and its buildings and give them access on demand to all records, reports, books, papers, and accounts pertaining to the hospital.

SEC. 12. Wherever a county hospital for the care and treatment of persons suffering from any illness, disease, or injury exists in connection with or on the grounds of a county poorhouse or elsewhere, the commissioners' court shall appoint a board of managers for such hospital, and such hospital and its board of managers shall thereafter be subject to all provisions of this act in like manner as if it had been originally established hereunder. Any hospital which may hereafter be established by any commissioners' court shall in like manner be subject to all the provisions of this act. SEC. 13. When deemed advisable by the commissioners' court and approved by the State board of health, a county may maintain more than one county hospital for the purpose aforesaid.

SEC. 14. It shall be lawful for any commissioners' court of any county which has no city with a population of more than 10,000 persons to contract for a period not exceeding one year, with any regularly incorporated society or hospital or municipality within the county maintaining a hospital, or with any other adjacent county, for the care of any or all of the sick, diseased, or injured inhabitants of the county, upon such terms and conditions as they may by agreement think proper. Where a county has established a hospital as required by section 15 of this act, it shall be lawful for the board of managers to contract with any regularly incorporated society or hospital or city or town within the county maintaining a hospital, for the care of some of the sick, injured, or diseased persons applying for admission to the county hospital. It shall be lawful for the commissioners' court of any county to cooperate with and to join the proper authorities of any city or town having a population of 10,000 persons or more in the establishment, building, equipment, and maintenance of a hospital in said city or town, and to appropriate such funds as may be determined by said commissioners' court, after joint conference with the authorities of such city or town as may be necessary, and the management of such hospital shall be under the joint control of such commissioners' court and city authorities.

SEC. 15. Where no provision is made as provided in section 14 and no county hospital is now provided for the purpose aforesaid, or where such provision is inadequate, it shall be the duty of the commissioners' court of each county which now has a city with a population of more than 10,000 persons, on or before December 1, 1913, and of any county which may later have a city with a population of more than 10,000 persons, within six months from the time when such city shall have attained such population, such population to be ascertained by such commissioners' court in such manner as may be determined upon resolution thereof, to provide for the erection of such county hospital or hospitals as may be necessary for that purpose, and to provide therein a room or rooms, or ward or wards, for the care of confinement cases, and a room or rooms, or ward or wards, for the temporary care of persons suffering from mental or nervous disease, and also to make provision in separate buildings for patients suffering from tuberculosis and other communicable diseases, and from time to time to add thereto accommodations sufficient to take care of the patients of the county. This time may be extended by the State board of health for good cause shown. Unless adequate funds for the building of said hospital can be derived from current funds of the county, available for such purpose, issuance of county warrants and script, it shall be the duty of the commissioners' court to submit, either at a special election called for the purpose or at a regular election, the proposition of the issuance of county bonds for the purpose of building such hospital. If the proposition shall fail to receive a majority vote at such election said commissioners' court may be required thereafter at intervals of not less than 12 months, upon petition of 10 per cent of the qualified voters of said county, to submit said proposition until same shall receive the requisite vote authorizing the issuance of the bonds.

SEC. 16. Where found to be more practicable and when approved by the State board of health, two or more adjacent counties having each a population of less than 15,000 persons may join for the purpose of this act, and erect one or more hospitals for their joint use, under the terms and conditions above set forth for a single county. In such cases such combined counties shall have the same powers, and be subject to the same liabilities as a single county, herein provided for; and the district court in either county shall in such case have the same powers for the purpose of enforcing this act, as are herein provided for in case of single counties.

Streams, Pollution of-Sewage, Disposal of. (Chap. 47, Act Mar. 27, 1913.)

SECTION 1. That it shall be unlawful for any person, firm or corporation, private or municipal, to pollute any water course or other public body of water, from which water is taken for the use of farm live stock and for drinking and domestic purposes, in the State of Texas, by the discharge, directly or indirectly, of any sewage or unclean water or unclean or polluting matter or thing therein, or in such proximity thereto as that it will probably reach and pollute the waters of such water course or other public body of water from which water is taken for the use of farm live stock and for drinking and domestic purposes. A violation of this provision shall be punished by a fine of not less than $100 and not more than $1,000. When the offense shall have been committed by a firm, partnership, or association, each member thereof who has knowledge of the commission of such offense, shall be held guilty. When committed by a private corporation, the officers and members of the board of directors, having knowledge of the commission of such offense, shall each be deemed guilty; and when by a municipal corporation, the mayor and each member of the board of aldermen or commission, having knowledge of the commission of such offense, as the case may be, shall be held guilty, as representatives of the municipality; and each person so indicated, as above, shall be subject to the punishment provided hereinabove: Provided, however, That the payment of the fine by one of the persons so named shall be a satisfaction of the penalty as against his associates for the offenses for which he may have been convicted: Provided, The provisions of this act shall not apply to any place or premises

located without the limits of an incorporated town or city, nor to manufacturing plants whose effluents contain no organic matter that will putrify, or any poisonous compounds, or any bacteria dangerous to public health or destructive of the fish life of streams of other public bodies of water.

SEC. 2. Upon the conviction of any person under section 1 of this act it shall be the duty of the court, or judge of the court, in which such conviction is had to issue a writ of injunction, enjoining and restraining the person or persons or corporation responsible for such pollution from a further continuance of such pollution; and for a violation of such injunction the said court and the judge thereof shall have the power of fine and imprisonment, as for contempt of court, within the limits prescribed by law in other cases: Provided, That this remedy by injunction and punishment for violation thereof shall be cumulative of the penalty fixed by section 1 of this act; and the assessment of a fine for contempt shall be no bar to a prosecution under section 1; neither shall a conviction and payment of fine under section 1 be a bar to contempt proceedings under this section.

SEC. 3. Any city or town of this State with a population of more than 50,000 inhabitants which has already an established sewerage system dependent upon any water course or other public body of water from which water is taken for the use of farm live stock and for drinking and domestic purposes, or which discharges into any water course or other public body of water from which water is taken for the use of farm live stock and for drinking and domestic purposes, shall have three years from and after the taking effect of this act within which to make other provisions for such sewage. Cities and towns of less population than 50,000 inhabitants shall have three years within which to make other arrangements for the disposal of such sewage. Any person, firm, or corporation, private or municipal, coming under or affected by the terms of this bill, or any independent contractor having the disposal of the sewage of any city or town, shall have three years within which to make other arrangements for the disposal of such sewage, or other matter which may pollute the water, as defined in this bill.

SEC. 4. The Texas State Board of Health is authorized, and it is hereby made its duty, to enforce the provisions of this act; and to this end the governor shall appoint, by and with the consent of the senate, an inspector, to act under the direction of the said board of health and the State health officer, making such investigations, inspections, and reports, and performing such other duties in respect to the enforcement of this act as the said board of health and the State health officer may require.

UTAH.

Tuberculosis—Reporting of Cases Required-Precautions to be Observed. (Chap. 68, Act Mar. 9, 1913.)

SECTION 1. Section amended.-That section 1113x27, Compiled Laws of Utah, 1907, be and the same is hereby amended to read as follows:

1113x27. Tuberculosis to be reported—Precaution-Penalty.—It shall be the duty of every physician, owner, agent, manager, principal, superintendent, or other officer of each and every public or private institution or dispensary, hotel, boarding or lodging house, in any town, city or county, to report to the board of health or health officer thereof, in writing, or to cause such report to be made by some proper and competent person, the name, age, sex, occupation, and latest address, and such other facts as may be required by the rules of the State board of health, of every person afflicted with tuberculosis, within one week of the discovery of such affliction.

It shall be the duty of every person afflicted with this disease and of every person in attendance upon any one sick with this disease, and of the authorities of public or private institutions or dispensaries, to observe and enforce all the sanitary rules and regulations of the State board of health for preventing the spread of pulmonary tuberculosis.

Any person afflicted with tuberculosis of the lungs or larynx, or any other disease whose virus or infecting agent is contained in the sputum or other infectious secretion shall not deposit his sputum, saliva, or other infectious secretion, in such place as to cause offense or danger of contracting the disease to any person or persons. It shall be the duty of every person afflicted with tuberculosis of the lungs or larynx, or any other disease whose virus or infecting agent is contained in the sputum, saliva, or other infectious secretion, to provide himself with a sputum flask, or receptacle in which to deposit his sputum, saliva or other infectious secretion, while traveling in any public conveyance or attending any public place, and the contents of said flask or receptacle shall be burned or otherwise thoroughly disinfected. Upon the complaint of any responsible person the local board of health or health officer shall at once investigate the conditions complained of and if found dangerous or detrimental to the public health such board of health or health officer shall make and enforce such orders as may be necessary to abate the offense or dangers caused thereby. In case of the vacation of any apartment or premises by death from tuberculosis, or by the removal therefrom of a person or persons afflicted with tuberculosis, it shall be the duty of the person or physician in charge, to notify the board of health or health officer having jurisdiction thereof, of said removal, within 24 hours thereafter, and such apartments or premises so vacated shall not again be occupied until duly disinfected as provided by law and the rules of the State board of health.

Any person who shall violate any of the provisions of this act, and any person who, without written authority from the board of health or health officer, shall remove or cause to be removed any placard placed upon premises or apartments which are or have been occupied by a person or persons afflicted with any of the diseases mentioned in this section, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $5 nor more than $100, or punished by imprisonment in the county jail for not less than 5 days nor more than 90 days.

476