board, being within this state, with the intent, or for the purpose of removing, taking off, conveying or transporting, or to remove, take off, convey or transport any of such passengers or the baggage of any such passengers, from such ship or vessel, being in this state, to any dock in the city of New York or Brooklyn, unless the license mentioned in the first section of this act shall have been granted, and issued to the then owner or then captain of such steamboat, steamtug, propeller, barge, or other boat or vessel, and be then existing and not suspended, revoked or annulled. CH. XXV. $ 3. The owner and owners jointly and severally, and the Penalties. captain or person having charge of any steamboat, steamtug, propeller, barge or other boat or vessel, violating the provisions of the second section of this act, or any of them, shall be liable to a penalty of five hundred dollars, for each and every violation thereof; and in case any of such passengers, or the baggage of any of them, shall be taken off or removed from such ship or vessel, so being within this state, in or by any steamboat, steamtug, propeller, barge, boat or other vessel, without the license aforesaid, with the intent or for the purpose mentioned in said second section of this act, or in violation of any of its provisions, except in case of shipwreck or imminent danger thereof, the owner or owners, jointly and severally, and the captain or person having charge thereof, shall, in addition to the above penalty, be also liable to a further penalty of fifty dollars for each and every passenger, and for the baggage of each and every passenger so taken off, or conveyed from such ship or vessel; which penalties shall be deemed and be forthwith a lien on such steamboat, steamtug, propeller, barge, boat or other vessel, and may be, immediately upon such violation, sued for, enforced and recovered by and in the name of the commissioners of emigration, either by an action in any court having jurisdiction thereof, or by an attachment under and pursuant to article first of title eighth of chapter eight, of first part of the Revised Statutes, for which purpose the said commissioners shall forthwith be deemed to be, and be creditors of such steamboat, steamtug, propeller, barge, boat or vessel, and have a direct lien thereon. S 4. Section five of chapter two hundred and nineteen of the laws of eighteen hundred and forty-eight, is hereby amended so as to read as follows: runners. No person shall, in any city of this state, solicit emigrant Emigrant passengers or their luggage for emigrant boarding houses, passenger offices, forwarding transportation lines, or for steamers, ships or vessels bound or about to proceed to any port not within this state; or for any person or for any company selling, or offering for sale, passage tickets, or contracting or offering to contract for passage in any such steamer, ship or vessel without a license for that purpose, which shall expire at the end of one year from its date; such license may be PART I. Bonds. Personal baggage. issued and revoked in the discretion of the mayor of the city where such license may have been granted, except in the city of New York, in which such license may be issued or revoked only by and in the discretion of the commissioners of emigration, for cause as hereinbefore provided: Such person receiving such license shall pay the sum of twenty dollars, and give a bond, with two sufficient sureties, in the penalty of five hundred dollars, conditioned for the good behavior and the observance by him of the provisions of this act, to the mayor of the city issuing the same, or to the commissioners of emigration, as the case may be. The money thus received or collected on said bonds shall be for the benefit of said city, or of the emigrant fund. Every person so licensed shall wear, in a conspicuous place about his person, a badge or plate, of such character and in such time and manner as said mayor or, in the city of New York, as such commissioners shall prescribe, with the words "licensed emigrant runner" inscribed thereon, with his name and the number of his license. No person who is not of approved good moral character shall be licensed as such runner. Every person who shall solicit alien emigrant passengers, or others, for the benefit of boarding houses, passenger offices, or forwarding or transportation lines, or for any steamer, ship or vessel bound or about to proceed to any port not within the state of New York, or for any person or company selling or offering for sale passage tickets, or contracting or offering to contract for passage in any such steamship or vessel, upon any street, lane, alley, or upon any dock, pier or public highway, or in any other place within the corporate bounds of any city in this state, or upon any waters adjacent thereto, over which any of said cities may have jurisdiction, without such license, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county prison or jail not less than three months, nor exceeding one year. The bonds mentioned in the foregoing sections, may be sued by and in the name of the mayor of the city in which such license may have been issued, and in the city of New York by and in the name of the commissioners of emigration, in any court having cognizance thereof; and in case of a breach, the said mayor, or the said commissioners, shall recover the full penalty of said bond. S 5. All personal baggage of emigrant passengers arriving at the port of, and destined for the city of New York, shall be landed at the place or pier designated as the landing place in said city for emigrant passengers; and the captain, owner and consignees of every ship or vessel arriving at said port with emigrant passengers destined for said city, shall be jointly and severally subject and liable to a penalty of fifty dollars for each and every emigrant passenger, or his personal baggage, landed at any place or pier other than the place or pier aforesaid; which penalty shall be a lien upon such ship or vessel, and may be enforced and recovered by and in the name of the commissioners of emigration, either by an action or by and in the name of the commissioners of emigration, either by an action or by warrant of attachment, under and pursuant to article first of title eighth of chaper eighth of the first part of the Revised Statutes. $ 6. Section eight of chapter four hundred and seventy-four of the laws of eighteen hundred and fifty-five, is hereby amended so as to read as follows: CH. XXV. The health officer shall give notice, in writing, to the owner health of or owners, consignee or consignees, master, commander or cer. person having charge of every vessel, having emigrant passengers on board of such vessel, destined for the city of New York, to land such passengers and their personal baggage, at such pier or place in the said city of New York, as has been or may at any time be designated specially by the commissioners of emigration, for the landing of emigrant passengers and their personal baggage; and it shall not be lawful to land such passengers or their personal baggage, at any other pier or place; and the owner or master of any vessel, from which passengers or their personal baggage, shall be landed in violation of the provisions of this section, shall be subject to a penalty of fifty dollars for each and every person, or his baggage, so landed in violation thereof; which penalty shall be forthwith a lien on such ship or vessel, and may be immediately, upon such violation, sued for, enforced and recovered, with costs of suit, in the name of and by the commissioners of emigration, either by an action in any court having cognizance thereof, or by attachment under and pursuant to article first of title eighth, chapter eighth, of the first part of the Revised Statutes, for which purpose the said commissioners of emigration shall forthwith be creditors of such ship or vessel, and have a direct lien on such ship or vessel, for said penalty; the said penalty, when recovered, to be applied and used by the said commissioners for the purposes for which said commissioners are constituted. tion of this $ 7. Nothing in this act contained shall be so construed as Qualificato alter, impair, or modify the existing laws and regulations act. regarding quarantine, or concerning the powers given to, and duties imposed upon, the health officer of the port of New York, for the protection of the public health. IV.-44 PART I Sales by, and con Indians for lands. CHAPTER XXVI. Indians. CHAP. 29. AN ACT relative to the different tribes and nations of Indians within this state. PASSED 10th April, 1813. $1. Be it enacted by the People of the State of New York, tracts with represented in Senate and Assembly, That if any person, without the authority and consent of the legislature of this state, shall, in any manner or form, or upon any terms whatsoever, purchase any lands within this state, of any Indian residing therein, or make any contract with any Indian for or concerning the sale of any lands within this state, or shall in any manner give, sell, demise, convey, or otherwise dispose of any such lands, or any interest therein, or offer so to do, or shall enter on or take possession of, or settle on any such lands, by pretext or colour of any right or interest in the same, in consequence of any such purchase, or contract made or to be made, since the fourteenth day of October, one thousand seven hundred and seventy-five, and not with the authority and consent of the legislature of this state, every Declared an such person shall, in every such case, be deemed guilty of a public offence, and shall, on conviction thereof before any court having cognizance of the same, forfeit and pay to the people of this state, two hundred and fifty dollars, and be further punished by fine and imprisonment, at the discretion of the court. offcace. Penalty. Suits not maintaina bill, note, &c., tain tribes 7 N. Y., 401; 4 N. Y., 293; 15 B., 83; 3 B., 492; 2 B., 639; 11 Pai., 607; 5 D., 628; 6 H., 546; 8.Cow., 189; 20 J. R., 188, 693; 19 J. R., 127; 18 J. R., 506; 15 J. R., 264; 14 J. R., 181, 472; 7 J. R., 290; 2 J. Ca., 344. $ 2. And be it further enacted, That no person shall sue or ble on bond, maintain any action on any bond, bill, note, promise or other contract hereafter to be made against any of the Indians, against cer- called the Stockbridge Indians, or of the Seneca tribe or of Indians. nation, nor against any Indian residing in Brothertown, or on any lands reserved to the Oneida, Onondaga, or Cayuga Indians, and every person who shall sue or prosecute any such action against any of the said Indians, shall be liable to pay treble costs to the party grieved: Provided, That this section shall not extend to any action or suit on any contract made before the first day of July, in the year one thousand seven hundred and ninety. 4 N. Y., 293; 3 B., 492; 11 Pai., 607. CH. XXVI. Spirituous to be sold in certain $ 3. And be it further enacted, That if any person shall sell to any Indian belonging to the Oneida or Stockbridge tribe, liquors not any rum, brandy, gin, or other ardent spirits, within the to Indians, counties of Oneida, Madison, or Chenango, he shall be counties. deemed guilty of a public offence, and on conviction thereof, be fined at the discretion of the court, not exceeding twenty dollars for one offence, and shall also forfeit the sum of five dollars for every such offence, to be recovered in an action of debt with costs, in any court having cognizance thereof, by any one who will sue for the same, the one half of which forfeiture to be paid to the prosecutor, and the residue to the overseers of the poor of the town in which such recovery shall be had, for the use of the said poor: Provided, That on the Proviso. recovery of such forfeiture, the offender shall not be liable to any other or further prosecution for the said offence: and no Indian or other person shall sell or dispose of any spirituous to be sold liquors or ardent spirits, in that part of the town of Paris thertown called Brothertown, without first obtaining a license for the without same, under the hands and seals of three of the superintendents of the Brothertown Indians, under the penalty of twenty dollars, to be recovered before any three of the keepers of the peace of Brothertown, the one half of which shall be for the use of such Indian as shall sue for the same, and the other half for the use of the poor in Brothertown. No spiritu ous liquors to the Bro Indians license. ous liquors to Indians within a certain $ 4. And be it further enacted, That if any person shall sell No spiritu any rum, brandy, gin, or other ardent spirits, within the limits to be sold of the tract of land owned by the Mubeconnuck or Stockbridge Indians, or within the reservation lands of the Oneida tract. or Brothertown Indians, he shall forfeit twenty dollars for every such offence, to be recovered with costs in manner aforesaid, before any justice of the peace; one half thereof to be paid to the prosecutor, and the residue to the district attorney of the district within which the said tribes of Indians reside, to be by him paid into the treasury of this state, for the use of the tribes of Indians where such offence shall happen. liquor. $5. And be it further enacted, That no pawn taken of any No pawn to Indian within this state, for any spirituous liquor, shall be re- Indians for tained by the person to whom such pawn shall be delivered; but the thing so pawned may be sued for and recovered, with costs of suit, by the Indian who may have deposited the same, before any court having cognizance thereof. expenses of affe irs. $6. And be it further enacted, That it shall be lawful for Incidental the comptroller, on the order of the person administering Indian the government of this state, to draw his warrant on the treasurer, for the payment of such sums of money as shall from time to time be necessary for incidental charges attending on Indian affairs, not exceeding five hundred dollars in any one year; and it shall also be lawful for the person administering the government of this state, to appoint such persons as he shall see fit, to provide for and entertain all Indians who may visit the seat of government on any busi |