upon the licensee in the manner prescribed for the service of summons in civil actions.

Any licensee feeling himself aggrieved by any decision of the board may appeal to the district court by filing with the clerk thereof in the county where his hospital is situated within ten days after written notice of such decision, a written notice of appeal specifying the grounds upor which the appeal is made.

The appeal may be brought on for hearing in a summary manner by an order to show cause why the decision of the board should not be confirmed, amended or set aside. The written notices and decisions shall be treated as the pleadings in the case and may be amended in the discretion of the court. The issues shall be tried anew by the court and findings shall be made upon the issues tried.

Either party may appeal to the Supreme Court from the determination of the district court within five days after notice of filing the decision, in the manner provided for appeals in civil action.

No revocation of license shall become effective until any appeal made shall have been determined. In case of the revocation of a license, the board shall make a notation thereof upon its records and give written notice of such revocation to the licensee by delivery of a copy of the order of revocation to the licensee, or leaving a copy thereof with a person of suitable age and discretion living upon the premises. In case of revocation the board of control shall also notify the state board of health and the local board of health of the city, village or town in which the hospital is situated.

Sec. 3. No person, as an inducement to a woman to go to any maternity hospital during confinement, shall in any way offer to dispose of any child or advertise that he will give children for adoption or hold himself out as being able to dispose of children in any manner.

Sec. 4. The state board of control may prescribe forms for the registration and record of persons cared for in any such hospital, and the licensee shall be entitled to receive gratuitously from the board of control a book of forms for such registration and record. Each book shall contain a printed copy of this chapter. The licensee of a maternity hospital shall keep a record in the form to be prescribed by said board, wherein shall be entered the true name of every patient, together with all her places of residence during the year preceding admission to said hospital, the name and address of the physician or midwife who attended at each birth taking place at such hospital, or who attended any sick infant therein, and the name and address of the mother of such child; the name and age of each child who is given out, adopted or taken away to or by any person, together with the name and residence of the person so adopting or taking away such child, and such other informa

tion as will be within the knowledge of the licensee and as the board shall prescribe.

Sec. 5. Every birth occurring in a maternity hospital shall be attended by a legally qualified physician or midwife. The licensee owning or conducting such hospital shall within twenty-four hours after a birth occurs therein, make a written report thereof to the state board of control, giving the name of the mother, the sex of the child and such additional information as shall be within the knowledge of the licensee and as may be required by the board. The licensee owning or conducting any such hospital shall immediately after the death in a maternity hospital of a woman, or an infant born therein or brought thereto, cause notice thereof to be given to the local board of health of the city, village or town in which such hospital is located.

Sec. 6. The officers and authorized agents of the state board of control, and of the state board of health and the local board of health of the city, village or town in which a licensed maternity hospital is located, may inspect such hospital at any time and examine every part thereof. The officers and agents of the state board of control may call for and examine the records which are required to be kept by the provisions of this act and inquire into all matters concerning such hospital and patients and infants therein; and the said officers and authorized agents of the state board of control-shall visit and inspect such hospitals at least once every six months and shall preserve reports of the conditions found therein. The licensee shall give all reasonable information to such inspectors and afford them every reasonable facility for viewing the premises and seeing the patients therein.

Sec. 7. Whenever a woman, who within ten days after delivery of a child, or a woman who is pregnant, is received for care in a maternity hospital, the licensee of such maternity hospital or the officer in charge of such other hospital, shall use due diligence to ascertain whether such child is legitimate and if there is reason to believe that such child is illegitimate, or will be when born illegitimate, such licensee shall report to the state board of control forthwith the presence of such woman, together with such other information as shall be within the knowledge of the licensee and as the board may require.

Sec. 8. No officer or authorized agent of the state board of control, state board of health or the local boards of health of the city, village or town where such licensed hospital is located, or the licensee of such a hospital, or any of its agents, or any person, shall directly or indirectly disclose the contents of the records herein provided for, or the particulars entered therein, or facts learned about such hospital, or the inmates thereof, except upon inquiry before a court of law, at a coroner's inquest or before some other tribunal, or for the information of the state board

of control, state board of health or the local board of health of the village, city or town in which said hospital is located. Provided, however, that nothing herein shall prohibit the board of control, with the consent of any patient in such hospital, disclosing such facts to such proper persons as may be in the interest of such patient or the infant born to her. Sec. 9. In a prosecution under the provisions of this act or any penal law relating thereto a defendant who relies for defense upon the relationship of any woman or infant to himself, shall have the burden of proof.

Sec. 10. Every person who violates any of the provisions of this act shall upon conviction of the first offense be guilty of a misdemeanor. The second or subsequent offense shall be a gross misdemeanor.

Sec. 11. This act shall take effect and be in force from and after its passage.

Sec. 12. All acts and parts of acts inconsistent herewith are hereby repealed.

Approved Sept. 22, 1919.

5. Supervision and licensing of children's boarding
homes.

Chapter 52,
Special Session Be it enacted by the Legislature of the State of Minnesota:
Laws 1919.

An act defining and regulating infant homes.

Section 1. Any person who receives for care or treatment or has in his custody at any one time three or more infants under the age of three years, unattended by a parent or guardian, for the purpose of providing them with food, care and lodging, except infants related to him by blood or marriage, shall be deemed to maintain an infants' home. The word "person" where used in this act shall include individuals, partnerships, voluntary associations and corporations; provided, however, that this act shall not be construed to relate to any institution under the management of the state board of control or to its officers or agents, nor to any person who has received for care alone, children from not more than one family during any period of three months.

Sec. 2. The state board of control is hereby empowered to grant a license for one year for the conduct of any infants' home that is for the public good, and is conducted by a reputable and responsible person; and it shall be the duty of the board to provide such general regulations and rules for the conduct of all such homes as shall be necessary to effect the purposes of this act and all other laws of the state relating to children so far as the same are applicable, and to safeguard the well-being of all infants born therein and the health, morality and best interests of the patients who are inmates thereof. No person shall receive an infant for

care in any such infants' home without first obtaining from said board a license to conduct such infants' home. No such license shall be issued unless the premises are in a fit sanitary condition. The license shall state the name of the licensee, the particular premises in which the business may be carried on, and the number of infants that may be properly boarded or cared for therein at any one time; and such license shall be kept posted in a conspicuous place on the licensed premises. No greater number of infants shall be kept at any one time on the premises than is authorized by the license and no infant shall be kept in a building or · place not designated in the license. A record of the licenses so issued shall be kept by the board of control, which shall forthwith give notice to the state board of health and to the local board of health of the city, village or town in which the licensee resides of the granting of such license and the conditions thereof. The license shall be valid for one year from the date of issue. The state board of control may, after due notice and hearing, revoke the license if any provision of this chapter is violated, or when, in the opinion of said board such infants' home is maintained without due regard to sanitation and hygiene or to the health, comfort, morality or well-being of the inmates thereof, or in case of the violation of any law of the state, in a manner disclosing moral turpitude or unfitness to maintain such hospital, or upon evidence that any such hospital is conducted by a person of ill-repute or bad moral character. Written charges against the licensee shall be served upon him at least three days before hearing shall be had thereon and a written copy of the findings and decision of the board upon hearing shall be served upon the licensee in the manner prescribed for the service of a summons in civil actions.

Any licensee feeling himself aggrieved by any decision of the board may appeal to the district court by filing with the clerk thereof in the county where his hospital is situated within ten days after written notice of such decision, a written notice of appeal specifying the grounds upon which the appeal is made.

The appeal may be brought on for hearing in a summary manner by an order to show cause why the decision of the board should not be confirmed, amended or set aside. The written notices and decisions shall be treated as the pleadings in the case and may be amended in the discretion of the court. The issue shall be tried anew by the court and findings shall be made upon the issues tried.

Either party may appeal to the Supreme Court from the determination of the district court within five days after notice of filing the decision, in the manner provided for appeals in civil action.

No revocation of license shall become effective until any appeal made shall have been determined.

In case of revocation the board shall make an appropriate notation upon the records of the granting of such license and give written notice of the revocation of the license to the licensee by serving a copy of the order of revocation upon the licensee in the manner provided by law for the service of a summons in a civil action. Upon such revocation the board of control shall forthwith notify the state board of health, and the local board of health of the city, town or village in which the infants' home is situated.

Sec. 3. The state board of control may prescribe for the registration and record of infants cared for in such home and the licensee shall be entitled to receive gratuitously from the board of control a book of forms for such registration and record. Each book shall contain a printed copy of this chapter. The licensee of an infants' home shall keep a record in a form to be prescribed by the state board of control, wherein shall be entered the name and age of each child received or cared for in such home, together with the names and addresses of the parents and the name and address of the person bringing the child to the home; the name of any physician attending any sick infant in the home; the name and age of each infant who is given out, adopted or taken away to or by any person, together with the name and residence of the person so adopting or taking away such infant; and such other information as the board shall prescribe. The licensee immediately after the death in an infants' home of an infant shall cause notice thereof to be given to the local board of health of the city, village or town in which such home is located.

Sec. 4. The officers and authorized agents of the state board of control and of the state board of health and the local board of health of the several cities, villages and towns of the state in which a licensed infants' home is located may inspect such home at any time and examine every part thereof. The officers and agents of the state board of control may call for and examine the records which are required to be kept by the provisions of this act and inquire into all matters concerning such home and the infants therein; and the officers and agents of the state board of control shall visit and inspect such homes at least once in every six months and shall make, and the board shall preserve, reports of the conditions found therein. The licensee shall give all reasonable information to such inspectors and afford them every reasonable facility of viewing the premises and seeing the inmates.

Sec. 5. Whenever an infant is received for care in an infants' home, the licensee of such home shall use due diligence to ascertain whether such child is legitimate and in case there is any reason to believe that such infant is an illegitimate child, then and in such case such licensee shall notify the board of control thereof and furnish said board with