Marvin Mandel, Governor                         641

74. Vaccination of public school children.

No teacher in any of the public schools of this State shall receive
into such school as a pupil any person who has not been successful
vaccinated; and it shall be the duty of all teachers in the public school
within ten days after the beginning of the fall term of said schools,
and thereafter as new pupils shall enter such school, to ascertain and
enroll on the vaccine register of said school the names of those pupils
who may produce a certificate of a regular practising physician of
the county or city, as the case may be, certifying that the pupil has
been successfully vaccinated, and also the names of those pupils who
have been enrolled at any previous term in any school of the county
or in the City of Baltimore, as the case may be, as successfully vac-
cinated pupils, whenever any such pupil shall present a certificate of
such enrollment from the teacher of any such school. If any person
shall apply for admission as a pupil in any of the public schools of
this State who has not been successfully vaccinated, the teacher shall
give the parents or guardian or other person having control of such
pupil an order directed to any physician in the county or city, as the
case may be, and requiring any regular physician to whom it may be
presented to vaccinate such pupil and return a certificate of such vac-
cination when successful to the teacher giving such order. The county-
commissioners of the several counties and the mayor and city council
of Baltimore City, as the case may be, shall pay or cause to be paid to
the physician performing the service on such order the sum of fifty
cents for every such successful vaccination on the presentation of
the order and certification of the teacher that such vaccination has
been performed; provided, that in the counties or in the City of Balti-
more, when vaccine physicians are appointed or contracts made with
certain physicians by the proper authorities for the vaccination of
all children or persons who may apply free of charge to the person
applying, the provisions of this section providing for the payment
of physicians' certified orders of teachers shall not apply. Any teacher
neglecting or refusing to comply with the provisions of this section
shall on conviction thereof [before any justice of the peace having
jurisdiction over said offense,] be fined ten dollars for each and every
offense. And no public school trustee or commissioner shall grant any
permit to any person who has not been successfully vaccinated to
enter as a pupil any public school under the same penalty.

104. Same—State's attorney to prosecute.

Upon complaint made in writing by the State Board of Health, or
its executive officer, before [any justice of the peace], a commissioner
of the District Court, charging the commission of an offense against
the provisions of said §§ 100 to 103, both inclusive, it shall be the
duty of the State's attorney of the county or town, in which such
offense is committed, to prosecute the offender.

112. Same—Same—Suit where costs and expenses of abatement not
paid.

If the cost and expense of abating any such nuisance is not paid to
the State Board of Health by the person liable therefor within sixty
days (60) after the abatement thereof, then the State Board of Health
shall file a suit, in its name, [before a justice of the peace] in the
District Court sitting in the county where the nuisance was abated,
[or before the People's Court of Baltimore City, as the case may be,]