PART I Depositions. Commis emigration. Appoint ment and tenure of office. and forty-five, are hereby extended and applied to any such grant, demise, devise, lease or mortgage which are enumerated in said act, and which have been heretofore made, and shall be as effectual to pass the title thereto as though the persons by, from, or through whom the title shall have so passed, had been citizens of the United States, and as though the several provisions of said act had been as they hereby aro re-enacted. The deposition or affirmation required to be made in the first section of the act hereby extended, shall be made and filed in the office of the secretary of state, within two years from the time when this act shall take effect, and if any person who, according to the provisions of the act hereby re-enacted and extended, is required to make and file in the office of the secretary of state the deposition or affirmation herein mentioned, shall neglect or omit to make and file the same within the time herein limited, he or she so neglecting or omitting to make and file such deposition or affirmation, shall not be entitled to the benefit of this act. CHAPTER XXV. Emigrants. CHAP. 195. AN ACT concerning passengers in vessels coming to the city of New York. PASSED May 5, 1847; "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows : [For Sec. 1 see Laws of 1851, ch. 523, Sec. 3.] S4. Gulian C. Verplanck, James Boorman, Jacob Harvey, sioners of Robert B. Minturn, William F. Havemeyer and David C. Colden, are hereby appointed commissioners, for the purpose of carrying into effect the intent and provisions of this act, of whom the said Gulian C. Verplanck and James Boorman shall constitute the first class, and shall hold their office two years; the said Jacob Harvey and Robert B. Minturn shall constitute the second class, and hold their office four years; and the said William F. Havemeyer and David C. Colden shall con stitute the third class, and hold their office for six years; and upon the expiration of their several terms of office their places shall be filled by appointments, to be made by the Governor, by and with advice and consent of the Senate, and the persons so appointed shall respectively hold their offices for the term of six years. The mayor of the city of New York, the CH. XXV. ers and mayor of the city of Brooklyn, the president of the German Society, and the president of the Irish Emigrant Society of New York, shall also severally, by virtue of their respective offices, be commissioners as aforesaid. The said Commissioners shall be known as the "Commissioners of Emigration," and by that title shall be capable of suing and being sued: The money so as aforesaid to be paid to the chamberlain of the city of New York, shall be paid out on the warrant of the said commissioners, or a majority of them: It shall be the Their pow duty of the said commissioners to provide for the maintenance duties. and support of such of the persons for whom commutation money shall have been paid as aforesaid, or on whose account bonds shall have been taken as aforesaid, as would otherwise become a charge upon any city, town or county, of this state; and the said commissioners shall appropriate the moneys aforesaid, for that purpose, in such manner as to indemnify, so far as may be, the several cities, towns and counties of the state, for any expense or charge which may be incurred for the maintenance and support of the persons aforesaid; such appropriation shall be in proportion to the expenses incurred by said cities, towns and counties, severally, for such maintenance and support. And the more fully to effect the object contemplated by this act, the said commissioners are authorized to apply in their discretion any part of the said money, to aid in removing any of said persons from any part of this State to another part of this or any other State, or from this State, or in assisting them to procure employment, and thus prevent them from becoming a public charge: The said commissioners are also authorized in their discretion to apply any part of the said moneys to the purchase or lease of any property, or the erection of any building, which they may deem necessary for the purposes aforesaid. But any expense so incurred by the commissioners in any city, town or county, shall be charged to the share of such moneys which any such city, town or county, shall be entitled to receive thereof, for expense incurred in the support or maintenance of the persons for whom commutation money shall have been paid as aforesaid, or on whose account bonds shall have been taken as aforesaid. 28 N. Y., 144; 27 How. P. R., 47. in case of coming bonds were $5. In case any of the persons for whom commutation Provision money has been paid as aforesaid, or for whom a bond has persons be been given as aforesaid, shall, at any time within five years chargeable from the payment of such money or the execution of such for whom bond, become chargeable upon any city, town or county given. within this State, it shall be the duty of the said Commissioners to provide for the payment of any expense incurred by any such city, town or county, for the maintenance and support of any such person, out of the commutation money to be paid as aforesaid, and the moneys collected on such bonds, so far as the same will enable them to do so. The said commissioners shall prescribe such rules and regulations as they shall PART L deem proper, for the purpose of ascertaining the right, and the amount of the claim of any city, town or county, to indemnity under the provisions of this and the preceding sec tion. The said Commissioners shall have power to provido for the support and maintenance of any persons for whom commutation money shall have been paid, or on whose account a bond shall have been given as hereinbefore provided, and who shall become chargeable upon any city, town or county, in such manner as they shall deem proper; and after such provision shall have been made by such commissioners, such city, town or county shall not be entitled to claim any further indemnity for the support and maintenance of such person. Agents to ed. $6. The said commissioners are authorized to employ such be employ agents, clerks and servants as they shall deem necessary for the purposes aforesaid, and to pay a reasonable compensation for their services out of the moneys aforesaid. 28 N. Y., 145. Chamberlain to report annually. Commis sioners to report to $ 7. The chamberlain of the city of New York shall, on the first Monday of January, in every year, and at such other times as he shall be thereunto required by the said commissioners, report to them the amount of money received by him since his last previous report, for commutation money as aforesaid, and the amount of such moneys remaining in his hands. S8. The said commissioners shall annually on or before the first day of February in each year, report to the legislature legislature. the amount of moneys received under the provisions of this act during the preceding year, and the manner in which the same has been appropriated particularly. Vacancies how to be supplied. Action may on bond. $9. In case of a vacancy in the said board of commissioners, the same shall be filled by an appointment to be made by the governor, by and with the advice and consent of the senate. The person so appointed shall hold his office for the remainder of the term of the person in whose place he shall be appointed. The said commissioners shall in all cases be residents of the city of New York or city of Brooklyn. S 10. If any person for whom a bond shall have been given be brought as aforesaid, shall within five years from the date of such bond become chargeable upon any city, town or county of this state, or upon the moneys under the control of the said commissioners as aforesaid, the said commissioners may bring an action on such bond in the name of the people of this state, and shall be entitled to recover on such bond from time to time, so much money, not in the whole exceeding the penalty of such bond exclusive of costs, as shall be sufficient to defray the expenses incurred by any such city, town or county, or the said commissioners, for the maintenance and support of the person for whom such bond was given as aforesaid. Penalty for neglect or refusal to S11. If any master or commander as aforesaid shall neglect or refuse to pay over to the said chamberlain such sum of tation. money as is herein before required for commutation money pay commu CH. XXV. covered. for each and every such person, within three days after the arrival of such vessel at the port of New York, or shall neglect or refuse to give any bond so required as aforesaid within the said three days, every such master or commander and the owner or owners of such ship or vessel, severally and respectively, shall be subject to a penalty of three hundred dollars for each and every person or passenger on whose account such commutation money or such bond may have been required, to be sued for in the manner hereinafter provided. $12. The penalties and forfeitures prescribed by this act How remay be sued for and recovered with costs of suit by and in the name of said commissioners of emigration, in any court having cognizance thereof, and when recovered, shall be applied to the purposes specified in this act. It shall be lawful for the said commissioners before or after suit brought, to compound for any of the said penalties or forfeitures, upon such terms as they shall think proper. [For Section 13 see Laws of 1850, ch. 339, § 1.] $ 14. The moneys now authorized by law to be collected Money colby the health commissioner from the passengers in vessels marine hos arriving at the port of New York for the use of the Marine paid to Hospital, except such as are paid under protest, shall be paid sioners. at such times as the said commissioners shall direct, to the chamberlain of the city of New York, and shall be drawn in the manner prescribed in the fourth section of this act, and the expenditures of the same for the purposes of the Marine Hospital, as now authorized by law, shall be made by the commissioners constituted by this act, or by the commissioners of health under their supervision and direction. And any surplus which shall remain beyond such expenditures and the appropriations made by existing laws shall be applied by the said commissioners to the general purposes of this act. lected for pitals to be commis. tions by ex $ 15. Any appropriation made by existing laws from said Appropriamoneys shall hereafter be paid out of the same by the com- isting laws. missioners appointed by this act, and any moneys which have been or shall hereafter be paid under protest, shall, upon the settlement or judicial determination in favor of the state of the claims thereto, be paid to the chamberlain of the city of New York to the credit of the commissioners of emigration, and shall be applied by them according to the provisions of this act. may be $ 16. The said commissioners are authorized to erect such Buildings buildings and make such improvements upon the land be- erected, &c. longing to the state, known as the "Marine Hospital," as they shall deem necessary for the purposes of this act and of the said hospital, out of the moneys in the treasury of the state belonging to the "Mariners' Fund," which have not been paid under protest, or which have not been otherwise appropriated. $17. If the commutation money collected under the pro- Provision visions of the second section of this act, and the surplus of deficienthe revenues of the "Mariners' Fund," applicable to the pur in case of cics. PART I poses of this act, as provided by the fourteenth section thereof, shall, at any time, be found insufficient to defray the expenses incurred by the said commissioners, under the provisions of this act, and also to enable them to reimburse as herein before provided, to the several cities, towns and counties of the state, such sums as shall have been expended by them for the maintenance and support of persons for whom commutation money shall have been paid, or bonds given as aforesaid, such deficiency shall be paid out of the surplus of the moneys in the treasury of the state, belonging to the "Mariners' Fund," which have not been paid under protest, remaining after the expenditures for buildings and improvements authorized by this act. Nothing in this section contained shall be applicable to the moneys paid to the credit of said "Mariners' Fund," by the trustees of the "Seaman's Fund and Retreat," in the city of New York. Repeal. S 18. The act passed February 11, 1824, entitled "An act concerning passengers in vessels coming to the port of New York;" and the act passed April 12, 1842, entitled "An act for the relief of the county of Kings from the support of foreign poor," are hereby repealed. Statement of mariners rendered to said com See Laws of 1865, ch. 382. Post, vol. 6, p. 481. СНАР. 483. " AN ACT to amend an act entitled "An act concerning passengers in vessels coming to the city of New York, passed May 5, 1847. PASSED December 15, 1847; "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows: [For Section 1 see Laws of 1849, ch. 350, § 6.] S2. The comptroller of the state shall, within ten days fund to be after the passage of this act, render to the commissioners of emigration a full and particular statement of the condition missioners. of the Mariners' Fund, and the said commissioners shall have full power and authority to sue for and collect all claims in favor of said fund, and the moneys so collected shall be deposited with the Chamberlain of the city of New York, and shall be drawn from him in the manner provided by the fourteenth section of the act hereby amended. To make the neces tions for the [For Section 3 see Laws of 1851, ch. 523, § 2.] S4. The commissioners of emigration are authorized to sary regula make such regulations as they may deem necessary for the institution. government of any institution, in which they may support such persons as become chargeable to them, and for the employment of the inmates thereof. As amended by Laws of 1849, ch. 350, § 9. [For Section 5 see Laws of 1850, ch. 339, § 3.] |