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for the proper sanitary care of his premises. It shall further be the duty of said inspector to deliver to each family residing on the watershed such literature on pertinent sanitary subjects as may be supplied him by the municipal health officer or by the secretary of the state board of health.

1899, c. 670; 1903, c. 159, s. 2.

3046. Rivers and large creeks inspected fifteen miles. In case of those companies obtaining their supply of water from rivers or large creeks having a minimum daily flow of ten million gallons the provisions of the preceding section shall be applied to the fifteen miles of watershed draining into the said river or creek next above the intake of the water-works.

1899, c. 670, s. 3; 1903, c. 159, s. 3.

3047. Penalty for failing to inspect. Failure on the part of any water company to comply with the requirements in regard to inspections and analyses provided for in this chapter, shall be punished by a deduction from any charges for water against the city or town supplied of twenty-five dollars for each and every such failure: Provided, that in no one year shall the sum of such forfeitures exceed five hundred dollars.

1899, c. 670, s. 4; 1903, c. 159, s. 5.

Note. When water-works owned by municipality, officers failing to make inspection indictable, see s. 3861.

3048. Cities and towns to make inspection. Every city or town having a public water supply shall, at its own expense, have made at least once in every three months by one of its own officials a sanitary inspection of the entire watershed of its water supply, and it shall be the duty of the official making such inspection to report to the mayor any violation of this chapter.

1899, c. 670, s. 5; 1903, c. 159, s. 6.

Every

3049. Residents on watersheds to obey instructions. person residing or owning property on the watershed of a lake, pond or stream, from which a public drinking supply is obtained, shall carry out such reasonable instructions as may be furnished him in the manner hereinbefore set forth, or directly by the municipal health officer, or by the state board of health.

1903, c. 159, s. 7.

Note. Failure to comply with this section a misdemeanor, see Crimes.

3050. Inspectors may enter upon premises. Each sanitary inspector herein provided for is authorized and empowered to enter upon any premises and into any building upon his respective watershed for the purpose of making the inspections required.

1899, c. 670, s. 8; 1903, c. 159, s. 10.

3051. Sewage not discharged in. No person or municipality shall flow or discharge sewage into any drain, brook, creek or river from which a public drinking water supply is taken, unless the same shall have been passed through some well known system of sewage purification approved by the state board of health; and the continual flow and discharge of such sewage may be enjoined upon application of any person.

1903, c. 159, s. 13.

Note. For violation of above section, see s. 3858.

Polluting watershed misdemeanor, see s. 3862.

Depositing human excreta misdemeanor, see s. 3857.

3052. Towns, etc., not having sewerage system. All schools, hamlets, villages, towns or industrial settlements which are now located, or may hereafter be located on the shed of any public water supply, not provided with a sewerage system, shall provide and maintain a tub system for collecting human excrement, and provide for removal of the same from the watershed at least twice each week. 1903, c. 159, s. 14.

Note. Failure to comply with this section misdemeanor, see s. 3861.

3053. No cemetery on watershed. No burying ground or cemetery shall be established on the watershed of any public water supply nearer than five hundred yards of the source of supply.

1903, c. 159, s. 15.

II. ANALYSES.

3054. To be made. Every water company, whether owned by private individuals or corporations, or by a municipality, shall have made, not less frequently than once in every three months, at its own expense, by the chemist of the state board of health, or such chemist as the said board may designate, a chemical analysis, and once every month a bacteriological examination at its own expense by the biologist of the state board of health, or such biologist as said board may designate, of a sample of its water drawn from a faucet used for drinking purposes, packed and shipped in accordance with the instructions to be furnished by the secretary of the state board of health.

1899, c. 670, s. 6; 1903, c. 159, s. 4; 1905, c. 287.

3055. State board of health may have examination made; fee. For carrying out the provisions of this chapter the state board of health is authorized and empowered to have the bacteriological examination made as hereinbefore provided for, and to charge for the same the sum of five dollars for each examination.

1903, c. 159, s. 17.

3056. State board of health to make examinations. As a check and guarantee of the faithful performance of the requirements laid down in this chapter the state board of health shall make or have made by its authorized agents such inspections of the watersheds and such chemical and bacteriological examinations of the public water supplies of the state as may be deemed necessary to insure their purity. Should such inspections or examinations show conditions dangerous to the public health the secretary of the state board of health shall notify the mayor, the municipal health officer and the superintendent or manager of the water-works at fault and demand the immediate removal of said dangerous conditions. If at the end of thirty days after the service of said notice and demand the said dangerous conditions have not been removed to the extent that due diligence could accomplish such removal, the said secretary shall have printed in one or more of the local newspapers a plain statement of the facts for the information and protection of the citizens using the water.

1899, c. 670, s. 7; 1903, c. 159, s. 9.

3057. State laboratory of hygiene; analyses of water, sputum, blood, etc.; appropriation for; tax against water companies. For the better protection of the public health and to prevent the spread of communicable diseases there shall be established a state laboratory of hygiene, the same to be under the control and management of the state board of health; and it shall be the duty of the state board of health to have made in such laboratory monthly examinations of samples from all the public water supplies of the state. The board shall also cause to be made examinations of well and spring waters when in the opinion of any county superintendent of health or any registered physician there is reason to suspect such waters of being contaminated and dangerous to health. The board shall likewise have made in this laboratory examinations of sputum in cases of suspected tuberculosis, of throat exudates in cases of suspected diphtheria, of blood in cases of suspected typhoid and malarial fever, of fæces in cases of suspected hook-worm diseases, and such other examinations as the public health may require. For the support of the said laboratory the sum of twelve hundred dollars is hereby appropriated and an annual tax of sixty dollars, payable quarterly, by each and every water company, municipal, corporate and private, selling water to the people; said tax to be collected by the sheriff as other taxes and paid by said sheriff directly to the treasurer of the state board of health; and the printing and stationery necessary for the laboratory, to be furnished upon requisition upon the state printer.

1905, c. 415.

III. MISCELLANEOUS PROVISIONS.

3058. Precaution against contamination. In the interest of the public health every person, company, municipal corporation or agency thereof, selling water to the public for drinking and household purposes, shall take every reasonable precaution to protect from contamination and assure the healthfulness of such water; and any provisions in any charters heretofore granted to such persons, companies or municipal corporations in conflict with the provisions of this chapter are hereby repealed.

1899, c. 670, s. 1; 1903, c. 159, s. 1.

3059. Mayors to have concurrent jurisdiction. The mayor of each city or town having a public water supply shall have concurrent jurisdiction with any justice of the peace to hear and determine all violations of this chapter, provided such violation is within the jurisdiction of the justice of the peace.

1903, c. 159, s. 8.

3060. Condemnation of lands. All water companies operating under charters from the state or license from the municipalities, which may maintain public water supplies may acquire by condemnation such lands and rights in land and water as are necessary for the successful operation and protection of their plants, said proceedings to be the same as prescribed by law for acquiring right of way by railroad companies.

1903, c. 159, s. 16; 1905, c. 287, s. 2; c. 544.

IV. FOR PUBLIC INSTITUTIONS.

3061. May enter upon lands to lay pipes, etc. For the purpose of providing water supplies, the directors or other lawful managers of any public institution of the state may enter upon the lands through which they may desire to conduct their pipes for the said purpose, and lay them under ground, and they, at all times, shall have the right to enter upon the said lands for the purpose of keeping the water line in repair and do all things necessary to that end.

1893, c. 63, S. 1.

3062. Compensation for land. If damages shall be claimed for the use of such lands and the parties can not agree as to the amount of compensation to be paid, they may proceed in the manner now provided by law for railroad companies to procure right of way.

1893, c. 63, s. 2.

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3063. To be used by traders; exception. No trader or other person shall buy or sell, or otherwise use in trading, any other weights and measures than are made and used according to the standard prescribed by the congress of the United States: Provided, that this chapter shall not prevent the citizens of the state from buying and selling grain by measure as may be agreed upon between the parties.

Code, s. 3837; R. C., c. 117, s. 1; 1741, c. 32, s. 2; 1866, c. 125.

3064. Provided by commissioners; branded. The board of commissioners of each county shall, at the charge of their county, procure standard sealed weights of half hundred, quarter hundred, ten pounds, five pounds, two pounds and one pound, one-half pound, one-quarter pound, two ounces, one ounce, one-half ounce, gauging rod and waist sticks, yard sticks, half bushel, peck, half peck, quarter peck, and one-eighth peck; gallon, half gallon, quart, pint, half pint, and gill measure, of the United States standard, sealed and branded "N. C."

Code, s. 3838; 1866-7, c. 126; 1881, c. 199.

3065. What is an acre of land. The measure of an acre of land shall be equal to a rectangle of sixteen poles or perches in length and ten in breadth, and shall contain one hundred and sixty square perches or poles, or four thousand eight hundred and forty square yards, six hundred and forty such acres being contained in a square mile.

Code, s. 3843; R. C., c. 117, s. 7; 33 Edw. I, c. 6.

3066. How many pounds to a bushel; penalty. A bushel of wheat shall be sixty pounds; of indian corn, fifty-six pounds; of corn meal, forty-eight pounds; of rye, fifty-six pounds; of barley, forty-eight pounds; of oats, thirty-two pounds; of flax seed, fifty

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