deemed a of this act, or in violation of any of its provisions, except in case TITLE 6. 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 Penalties and be forthwith a lien on such steamboat, steamtug, propeller, lien. barge, boat or other vessel, and may be, immediately upon such violation, sued for, enforced and recovered by and in the name of Proceedthe commissioners of emigration, either by an action in any court had. 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. [1857, ch. 579, § 3.] ings to be baggage, landed. violating *391. All personal baggage of emigrant passengers arriving at Personal the port of and destined for the city of New York, shall be landed where to be 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 Penalty for passenger, or his personal baggage, landed at any place or pier provisions other than the place or pier aforesaid; which penalty shall be a tion. lien upon such ship or vessel, and may be enforced and recovered Penalty a by and in the name of the commissioners of emigration, either by enforced.. 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 chapter eighth of the first part of the Revised Statutes. [Same ch., § 5.] of this sec lien, how laws con quarantine, *S 92. Nothing in this act contained shall be so construed as to Existing alter, impair, or modify the existing laws and regulations regarding cerning quarantine, or concerning the powers given to, and duties imposed powers and upon, the health officer of the port of New York, for the protec-health offtion of the public health. [Same ch., § 7.] TITLE V. [This title was superseded by the fourth article of title third of chapter 275 of the Laws of 1850, which is inserted as article fourth of title third.] duties of cer of NewYork, not to be modified. TITLE VI. Regulations for the Preservation of Public Health in other Ports and Places ART. 1.-Of the board of health in the city of Brooklyn. ART. 3.—Of passengers arriving at the ports of entry northerly of the city of Albany. 1 The original title consisted of a single article and contained quarantine regulations applicable [448] TITLE 6. Board of health. Duties and powers of ARTICLE FIRST. Of the Board of Health in the city of Brooklyn. SEC. 1. Board of health: its officers. 2. Duties of the board: to possess like powers with the board of health in the city of New York. 3. Office of the board: daily meetings from June 1st to October 1st. 4. Vessels subject to examination not to approach the city, &c. 5. Physicians to report cases of malignant or infectious disease. 6. Boarding house keepers to report certain cases of sickness. 7. Sick persons not to be removed from vessels without a permit. 8. General powers of board. 9. Penalties for violating this article. 10. Duties of health officer. 11. Common council may defray expenses incurred in the preservation of the public health. *S 1. The aldermen of said city, or such number of their body as the common council shall designate, shall constitute a board of health, and the mayor, or in his absence or inability to act, the president of the board of aldermen shall be president thereof. The city clerk shall be clerk of said board and shall keep a journal of its proceedings. * 2. It shall be the duty of the mayor or president of the the board. board of aldermen at all meetings of said board, when he shall be informed of any matter requiring the action of the board of health, to lay such matter before them, and they shall thereupon proceed to consider and act upon the same. The said board may also be convened at any time by notice from the clerk, under the direction of the president or any two of the members for the transaction of business; and the said board of health shall have, possess and exercise the same power and authority in said city as the board of health in the city of New York. Office of the board of health. When ves sels under may ap *S 3. The board shall designate a place to be called the "office of the board of health," at which the president or one or more of the members shall attend daily (Sunday excepted) from the first day of June to the first day of October in each year, and they may so attend on Sunday if necessary, and the person or persons so attending shall enter in a book to be kept for that purpose, all matters which shall come before or be transacted by them as president or members of the board of health. *S 4. No vessel subject to the examination of the health officer quarantine of the port of New York shall approach to the city of Brooklyn beyond the place which shall at the time of such approach be Brooklyn. assigned for quarantine without a permit from him, countersigned by the president of the said board of health. proach Physicians to report cases of malignant disease to board of health. * S5. Every person practicing physic in said city who shall have a patient sick of any malignant, infectious or contagious a disease, shall make and file a written certificate thereof in the office of the board of health, stating the name of such patient, and the house and place where he shall then be, and the board of health may require any such physician to make and file in said office within such time as they may prescribe, not less than three hours after service of a copy thereof upon him, an affidavit, stating therein whether he has or has not any patient who in his opinion shall then be sick of any such disease, and if he has any such patient, to state in such affidavit his or her name, and the house or place in said city where he or she shall then be, and the nature and name of such disease to the best of his knowledge and _ART. 1. belief. required to 36. The common council may, by ordinance, require every Boardingperson keeping a boarding or lodging house in said city, within six ers may be hours after any seafaring man or sojourner shall be sick in such report sick house, to file in the office of the mayor of the said city, a certificate persons. thereof, signed by him or her, stating the location of such house and the name of such diseased person. removal of *S 7. No person shall remove any sick person from any vessel Permits for or from any other place in said city without written permit for sick perthat purpose, granted by the president or one of the members of the board of health of said city. sons. General po wers of the health. S8. The board of health of said city shall have the charge, control and management of all lands, buildings and premises board of thereon; which may be purchased, owned, leased or hired by the common council for the purpose of a hospital or hospitals, and for the purpose of preserving the health of the inhabitants of said city. It shall possess and may exercise the following powers: 1. By proclamation to prohibit or regulate the intercourse by land and ferries, or otherwise, between this city and any place or places where they may be informed that any infectious or contagious disease shall prevail. 2. By resolution to direct any vessel lying at a place within three hundred yards of any wharf, landing place or shore of said city, and from which they shall deem it probable that any infectious or contagious disease may be brought into said city, or communicated to the inhabitants thereof, to be removed to the distance of at least three hundred yards from any wharf, landing place or shore of said city, within six hours after a copy of such resolution, certified by the city clerk, shall be delivered to the person or persons having the command of such vessel, or to the master, owner or consignee thereof; and every such person or persons, master, owner or consignee to whom such copy of such resolution shall be delivered, shall forthwith comply with the same. 3. By resolution to direct to be removed to the hospital of said city, or other place to be designated by them, all persons sick of a malignant, infectious or contagious disease, and all things within the city, which in their opinion shall be infected with any matter likely to communicate disease to the inhabitants, and to cause such resolution to be carried into effect. 262. 4. By resolution to direct any bedding, clothing, putrid or un- 15 Wend., sound beef, pork, fish, hides or skins of any kind, or any other articles found within said city, and which in its opinion shall be dangerous to the health of the inhabitants thereof, to be destroyed by casting the same into the East river, below low water mark, at a suitable distance from the shore, or in such other manner as it may direct; and it may employ such person or persons as it may deem proper to remove or destroy such articles, and every person who shall in any manner resist or hinder any person so employed, shall be deemed guilty of a misdemeanor. TITLE 6. for violating of this title. * S9. Every person who shall violate or neglect or refuse to Penalties comply with any provision contained in this title, or in the proprovisions clamation or resolution made or passed by the board of health in pursuance thereof, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding two hundred and fifty dollars, or imprisonment not exceeding six months, or both; and all such fines when collected shall be paid to the treasurer of said city for the use of the said board of health. Health offi * 10. The health officer of said city shall visit all sick persons cer's duty. who shall be reported to the board of health in pursuance of this title, and report to the board of health in writing, his opinion of their sickness, and he shall attend at said office at such times as the board shall direct, for the purpose of conferring with the president or other members of the board in relation to the health of said city. He shall visit and inspect all vessels coming to the wharves, landing places or shores of said city, or within three hundred yards thereof, which are suspected of having on board any infectious or contagious disease or likely to communicate the disease to the inhabitants of said city, and all stores and places within said city which are suspected to contain putrid or unsound provisions or other articles likely to communicate disease to the inhabitants, and make and sign a report in writing stating the vessel, stores, places and articles so inspected by him, and the nature, state and situation thereof, and his opinion in relation thereto as to the probability of disease being communicated by or from the same, and file such report in the office of the board of health. He shall also discharge such other duties as shall from time to time be prescribed to him by the board of health. Power to raise money to pay losses. * 11. The common council are hereby authorized to procure on loan on the credit and faith of the city from time to time such sum or sums of money as a majority of the aldermen elected may deem necessary to pay losses or expenses not provided for in this act, which may arise from any accident by flood, fire or otherwise, or to pay any expenses necessarily incurred in the protection and preservation of the health of said city and its inhabitants in case of any prevailing epidemic, disease or sickness; provided that the sums of money so to be procured shall in the first case be declared to be necessary and proper by a certificate to be signed by the mayor, county judge and street commissioner, and in the latter case by a certificate to be signed by the mayor, health officer of said city and the presiding officer of the Kings County Medical Society, which certificates shall be presented to the common council before they shall take any action in the matter, and the money so obtained shall be applied only to the specific use and purpose for which it shall be so borrowed. The amount so raised and borrowed shall be levied, assessed and collected in the next annual tax in the same manner as the other expenses of said city. ART. 2. ARTICLE SECOND.' Of Boards of Health in other Cities and Villages. SEC. 12. The common councils of cities and trustees of villages may organize boards of health of not less than three nor more than seven persons. 13. The supervisor and justices may organize them in towns and appoint a health officer. 14. Powers of the board. 15. Penalty for violating its regulations. 16. Expenses a county charge to extent of $300, beyond that sum chargeable to town, village, or city. 17. Provision in case of pestilence, &c., in poor house. 18. New York and Brooklyn excepted from the operation of this article. 19. Two justices may make an order for removal of person ill with an infectious disease. 12. [Sec. 1.] It shall be the duty of the common council of Board of every city, and the trustees of every incorporated village in this health. state, in which there is not now a board of health duly organized, to appoint once in each year, a board of health for such city or village, to consist of not less than three nor more than seven persons, and a competent physician, to be the health officer thereof. * 13. [Sec. 2.] The supervisor and justices of the peace, or the major part of them, of each town in this state, shall be a board of health for such town for each year, whenever, in the opinion of the majority of such board the public good requires it; and they shall appoint some competent physician to be the health officer of such town. Ib. health. *S 14. [Sec. 3.] The several boards of health now organized in Powers of any city or village in this state, and the several boards of health boards of constituted under this act, shall have power, and it shall be their duty, 1. To meet in their respective cities, villages and towns, and fix and determine the period of quarantine to which vessels, vehicles or persons arriving in such city, village or town, shall be subject; but the said board shall have power, after an examination to reduce the period of quarantine of such vessel, vehicles or persons, if they shall deem it safe so to do. 2. To prescribe the duties and powers of the health officer; to direct him from time to time in the performance thereof; and to fix the compensation he shall receive. 3. To make regulations in their discretion, concerning the place and mode of quarantine; the examination and purification of vessels, boats, and other craft, not under quarantine; the treatment of vessels, articles or persons thereof; the regulation of intercourse with infected places; the apprehension, separation and treatment of emigrants and other persons who shall have been exposed to any infectious or contagious disease; the suppression 15 Wend., and removal of nuisances; and all such other regulations as they shall think necessary and proper for the preservation of the public health. 4. To regulate and prohibit or prevent all communication or intercourse by and with all houses, tenements and places, and the persons occupying the same, in which there shall be any person 1 With the exception of the last section which is section 22 of the R. S., this article consists of chapter 324 of the Laws of 1850, entitled "An act for the preservation of the public health," and a subsequent amendment. The original numbers of the sections are retained within brackets. 262. |