PART I. Penalties to be liens vessel. lars for each and every violation of any of the provisions of this act, to be sued for and recovered with costs of suit by and in the name of the commissioners of emigration in any court having cognizance thereof; and when recovered, one-half of said recovery shall be paid to the person furnishing information and evidence of such violation, and the remainder of such recovery shall be applied and used by said commissioners of emigration for the purposes for which said commissioners are constituted. S 5. Any ship, steamboat or vessel, whose master, comon ship or mander, owner or owners shall have incurred any penalty or forfeiture, under the provisions of this act, shall be liable for such penalties or forfeitures, which shall be a lien upon such ship or vessel, and may be enforced or collected by warrant or attachment, in the same manner as is provided in title eight of the third part of the Revised Statutes, all the provisions of which title shall apply to the forfeitures and penalties imposed by this act; and the said commissioners of emigration shall, for the purpose of such attachment, be deemed creditors of such ship, steamboat or vessel, and of her master or commander and owner or owners respectively. Landing from steamboats. Selling tickets. Fraudulent ly obtain tickets from pas sengers. $ 6. Nothing in this act contained shall be construed to prevent the landing of such emigrant passengers from steamboats or other vessels, in the manner provided in the first section of this act, in any case where the ship or vessel from which such passengers are taken shall be unable to come to any such public wharf, provided such steamboat or other vessel shall be employed at their own expense by the owner, consignee, master or person having charge of the ship or vessel from which such passengers are taken, for the purpose of landing the same, in consequence of their inability to bring such ship or vessel to said public wharf; and the provisions of the second section of this act shall apply to such steamboat or other vessel so employed. $ 7. Any person who shall sell, or cause to be sold, a passage ticket, or order for such ticket, to any emigrant passenger at a higher rate than one and a quarter cent per mile; or shall take pay for any ticket, or order for a ticket, under any false representation as to the class of said ticket, whether emigrant or first class, shall, upon conviction be deemed guilty of a misdemeanor, and be punished by a fine of two hundred and fifty dollars, and imprisonment in the county jail for not less than sixty days. $8. Any person who shall, directly or indirectly, by means ing passage of false representations, purchase or receive from any emigrant passenger any passage ticket, or who shall procure or solicit any such passenger, having a passage ticket, to exchange the same for any other passage ticket, or to sell the same and purchase some other passenger ticket, shall be deemed guilty of a misdemeanor; and upon conviction shall be punished by fine and imprisonment. CH. XXV. tickets over price ad $9. Any person who shall sell or dispose of any ticket, or Penalty for order for ticket or tickets, at a price or for a consideration be- selling yond the highest price advertised for tickets by the company regular advertising at the highest price, published according to the vertised by provisions of this act or any other law, shall be, upon convic- company. tion thereof in any of the courts of this state, deemed guilty of a misdemeanor, and imprisoned therefor in one of the prisons of this state for a term of not exceeding two years. $10. All acts and parts of acts inconsistent with this act Repealed. are hereby repealed. CHAP. 224. AN ACT to amend the several acts relating to the powers and duties of the commissioners of emigration and for the regulation of the marine hospital. PASSED April 13, 1853; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: when to be $1. The time allowed by the second section of chapter Bonds three hundred and thirty-nine of the laws of eighteen hun- given. dred and fifty to any owner or owners, consignee or consignees of any ship or vessel bringing emigrants or passengers to the city of New York, for giving the bond or bonds first mentioned in said section, or paying the money also therein mentioned, shall henceforth be twenty-four hours, instead of three days, from the landing of said passengers; and the time allowed by the said section to the said owner or owners, consignee or consignees, of any such ship or vessel for giving other bond or bonds mentioned in said section, shall be twentyfour hours, instead of six days, from the making of the requirement for such last mentioned bond or bonds. commis $2. The said commissioners of emigration are and each of Powers of them is hereby vested with the same powers in regard to the sioners. administering oaths of office to employees, and to the binding out of children, with consent of parents or next of kin, actually chargeable upon them, and also in regard to persons in the institution, or any of them under the charge of said commissioners, for the prevention of punishment of an infraction or violation of the rules or orders and regulation of such commissioners or their officers in regard to such institutions, as are possessed by the governors of the alms house in the city of New York, or any of them, for the same purposes. $3. The commissioners of emigration shall annually, on or Annual rebefore the first day of February in each year, report to the port. Legislature the amount of moneys received, under the provisions of this act, during the preceding year, and the manner in which the same have been appropriated; stating particu PART L larly in detail the sum of each appropriation, and the purposes Physician. Powers of physician for which the same have been made. S 4. The office of physician of marine hospital, as constituted by section seventeen of chapter three hundred and fifty of the Laws of eighteen hundred and forty-nine, is hereby restored, together with the duties and compensation of the same, as specified in sections eighteen and twenty, of said chapter three hundred and fifty of the Laws of eighteen hundred and forty-nine. $5. The physician of marine hospital shall have power to to appoint select and appoint, subject to the approval of the commisassistants. sioners of emigration, such and so many assistant physicians, graduates in medicine, as may be found necessary for the proper medical treatment of the inmates of the marine hospital, and to suspend or remove any of the same; but the number and rate of pay of said assistants, physiciaus, shall be regulated and determined by the commissioners of emigration. Nurses and The physician of marine hospital shall have power to select, appoint and dismiss at pleasure, such and so many nurses and orderlies for the departments of such marine hospital as he may deem requisite for the proper care of the inmates thereof; and the commissioners of emigration shall regulate and determine the rate of pay of the nurses and orderlies employed at the marine hospital. orderlies Patients at hospital. Officers and residence. Powers and duties of $6. All discharges of patients from the marine hospital shall be in writing, and by the physician of the marine hospital, who shall be responsible for the same, and who is hereby expressly prohibited from discharging any patient sent to the marine hospital, and affected with any contagious or infectious disease, until such patient shall be cured of such disease; and the said physician of marine hospital shall receive into the marine hospital all cases of contagious, infectious and pestilential disease which may be sent thither by the health officer, or under the authority of the board of health of the city of New York, except itch and syphilis; which shall not be construed as diseases entitling those suffering from them to be admitted as patients into the marine hospital. $7. All officers and employees of the marine hospital, except chaplains, shall be required to reside within the quarantine inclosure, and the commissioners of emigration are hereby directed to provide suitable accommodations for the same. S8. The power granted to the health officer by an act marine hos entitled "An act relative to the public health in the city of pital physi- New York," passed April tenth, eighteen hundred and fifty, in so far as relates to the arrest and detention of persons eloping from the marine hospital, or persons invading the quarantine grounds, is hereby granted to the physician of marine hospital for the purpose of enabling him to maintain the marine hospital as a quarantine establishment; and the said physician of marine hospital is authorized and required to prescribe rules for regulating intercourse with the hospital and its inmates, and he is expressly prohibited from admitting visitors at all, wheu in his judgment there may be danger of their communicating disease without the precincts of the quarantine grounds. CH. XXV. port. $9. The physician of marine hospital shall present to the Annual re Legislature annually, on or before the first of March, a report of the general condition of the hospital under his charge, with the statistics of the institution in detail, and such other information and suggestions in regard to the same as he may deem advisable, and testify the same by his affidavit; he shall also furnish to the board of health of the city of New York and to the commissioners of emigration, whenever required by them so to do, an official return of the numbers and. diseases of the patients in the marine hospital. cer. $10. The health officer shall have no authority or control Health offover the marine hospital, nor any charge or care of the sick inmates or employees of the institutions; he shall at all times, however, have free access to the several wards, with the privilege of examining the condition of the sick inmates or employees of the institution; he shall at all times, however, have free access to the several wards, with the privilege of examining the condition of the sick sent to the hospital under his authority, for the purpose of enabling him to judge as to the necessity for detaining the vessels from which said sick may have been landed; but nothing in this act shall be construed so as to interfere with the rights, duties and powers of the health officer in regard to existing provisions of law, in so far as his control and authority over vessels and quarantine regulations upon the water may be concerned. emigrants tal. $11. The commissioners of emigration shall remove from Removal of the marine hospital and take charge of all emigrants whose from hospiquarantine has expired and who shall have sufficiently recovered from the diseases with which they were admitted on the notification in writing of the physician of marine hospital that such removal will not, with ordinary care, endanger the safety of the individual or the health of the community. to act as su S 12. The physician of marine hospital shall discharge Physician the duties of superintendent of marine hospital, under the perinten commissioners of emigration, and without further pecuniary compensation than that allowed him as physician. dent. Commuta $13. The amount for which the master, owner or owners, com consignee or consignees, of any such ship or vessel may commute for any bond or bonds, authorized or required by or pursuant to the seventh section of chapter five hundred and twenty-three of the Laws of eighteen hundred and fifty-one, shall, from and after the passage of this act, be two dollars for each and every such passenger, instead of one dollar and fifty cents as now provided by law; and fifty cents of the amount commuted for any passenger or passengers shall be PART I. Repeal. Runners not to enter vessels. set aside as a separate fund for the benefit of each and every county in this state, except the county of New York. The commissioners of emigration shall deposit the moneys of said fund, so set apart, in any bank that the said commissioners may select, and the same, or as much of it as may be necessary, shall be distributed to the several counties, except the county of New York, once in every three months, and the balance that may be left after such three months' payment shall be paid over to the commissioners of emigration for general purposes. $ 14. All acts and parts of acts inconsistent with or repugnant to the provisions of this act are hereby repealed. CHAP. 619. AN ACT to amend the act for the protection of emigrant passengers arriving at the city of New York, passed April 13, 1853. PASSED July 21, 1853. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. Any runner, or person acting for himself, or for and on behalf of or connected with any steamboat, railroad, or forwarding company, or emigrant boarding house, who shall solicit or book any passengers emigrating to the United States, and arriving at the port of New York, before such passenger shall have left the vessel in which he has so arrived, or who shall enter or go on board any ship or vessel, so arriving with emigrant passengers, prior to the landing of such passengers therefrom, and also any person, company, or corporation having employed such person for the purpose of soliciting and booking such passengers prior to their leaving the vessel in which they may arrive, shall be severally subject to a penalty of one hundred dollars for each offence, to be sued for and recovered in the same manner, and subject to the same provisions of law as enacted in respect to other penalties imposed by the several acts regulating the powers and duties of the Misdemea commissioners of emigration. Any person violating the provisions of this section may also be indicted for a misdemeanor, which violation shall be held and taken to be a misdemeanor, and he shall, on conviction, be punished by fine not exceeding one hundred dollars, or imprisonment for sixty days. Penalty. nor, Penalty may be remitted, when. $ 2. In any case of violation of the provisions of this act, or of the act hereby amended, whenever it shall be made to appear to any court having jurisdiction thereof, upon satisfactory evidence, that such violation was not intentionally committed, or with a view to the profit of the person committing the same, or for or on behalf of some owner, consignee or other person, nor by any culpable negligence, it shall then be law |