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ART. 3.

Keepers of

houses.

$ 7. Every person keeping a boarding or lodging-house in the city of New-York, between the days mentioned in the boardingpreceding section, shall report in writing, to the mayor, [442] the board of health, or either of the health commissioners, the name of every seafaring man, boarder, or passenger by sea, who shall be sick in his house with fever, within twelve hours after each case of sickness shall have occurred.

&c., of

S8. Every master, owner or consignee of a vessel lying at Masters, a wharf, or in the harbor of the city of New-York, shall make vessels. a like report, and within the same period, of the name of every sick person on board such vessel; and no such person shall be removed therefrom, without a written permit for that purpose from the mayor, the board, or one of the commissioners of health.

ings for

S9. It shall be the duty of each commissioner of health Proceedand of each consulting physician, to make an immediate neglect. report to the board of health, of the name of every practising physician by whom he shall have reason to believe the provisions of the sixth section of this Title have been violated; and if any such commissioner or consulting physician shall neglect or refuse to perform his duty, the board of health shall suspend him from his office.

ARTICLE THIRD.

PROHIBITIONS AND PENALTIES.

SEC. 10. Respecting salted provisions.

11. Relative to pickled beef, &c.

12. Not to apply to small dealers, &c.

13. All salted provisions, &c., to be reported to mayor.

14. Board of health may cause such articles to be removed.

15. Expense of removal to be paid by owner.

16. Butchers and heads of families excepted.

17. Violation of these provisions, misdemeanor, &c.

18. Rags, hides and skins, not to be taken within certain bounds.

19. Exception as to small quantities.

20. Master or owner to report damaged cotton.

21. Under penalty of five hundred dollars.

22. Persons violating sections one and two, guilty of misdemeanor, &c.

23. Practising physicians violating duties imposed, guilty of misdemeanor, &c.
24. Do. as to keepers of boarding-houses,

visions.

$10. No salted provisions shall be packed or repacked at Salted proany season of the year, in that part of the city of New-York, lying south of a line drawn from the Hudson river through the centre of Canal-street to Sullivan-street, through Sullivanstreet to Grand-street, through Grand-street to Walnut-street, and through Walnut-street to the East river.

S 11. From the first day of May to the first day of October Ib. in any year, no salted or pickled beef, pork or fish, except smoked beef, and fish, shall be deposited in the city, south of the line above described.

S 12. The last preceding section shall not be construed to Exceptions. prevent retail grocers or other small dealers from keeping on

TITLE 3.

[443)

To be

reported.

How

removed.

Expenses.

Exceptions.

Penalties.

Rags, hides and skins,

within

certain

bounds.

hand, for the use of their customers, small quantities, not exceeding five barrels of each kind of the provisions therein mentioned, if the provisions so kept be sound and in good order.

$ 13. All salted or pickled provisions, and all hides, skins and cotton, that shall remain deposited in the city, south of the line described in the tenth section of this Title, on the first day of June in any year, shall be reported by the owner or person having charge thereof, to the mayor, the board, or one of the commissioners of health, that the same may be examined, and if necessary, destroyed or removed.

S 14. If such articles, when ordered to be removed by the board of health, shall not be forthwith removed by the owner or person having charge thereof, the board of health shall cause them to be removed to some safe place, there to remain at the risk of the owner.

S15. The expense of the removal and subsequent storage of such articles, shall be borne by the owner or person having charge thereof when removed, and if paid in the first instance by the board of health, may be recovered by them in an action against such owner or bailee, or if payment of such expenses be refused by the owner or bailee, the board may cause such articles to be sold, and account for the proceeds, deducting such expenses and the costs of sale.

S16. Nothing contained in this Article shall be construed to extend to provisions exposed for sale by butchers in the public markets, or kept by the heads of families for family

use.

$ 17. Every person who shall refuse or neglect to obey the directions of this Article, or of the board of health, pursuant thereto, in relation to the provisions and other articles above mentioned, shall be considered guilty of a misdemeanor, and on conviction, shall be fined for each offence in a sum not exceeding five hundred dollars, or be imprisoned for a term not exceeding six months.

S 18. No rags, hides or skins, arriving in the port of Newto be kept York, between the thirty-first day of May and the first day of October in any year, shall be taken to any place in the city, south of a line beginning at Spring street on the North river; thence along that street to the Bowery; thence down the Bowery to Grand-street; and thence through Grand-street to Walnut-street; and thence through Walnut-street to the East river; and all such articles brought into the city contrary to the above provision, may be seized and sold by the commissioners of health, for the use of the marine hospital.

Exceptions.

$ 19. The board of health or the mayor and commissioners of health, may however permit sound hides and skins to be brought into the city, south of the line last described, in small quantities, and for the purpose of immediate manufacture, but not otherwise.

TITLE 4.

[444]

cotton to

$20. It shall be the duty of the master and owner of every vessel that shall have brought cotton into the city, between Damaged the first day of May and the first day of November, in any be reported. year, and of the owner and consignee of such cotton, if upon examination, it shall appear damaged or otherwise unsound, to make an immediate report thereof to the mayor and commissioners of health.

neglect.

$21. Every master or owner or consignee, refusing or Penalty for neglecting to perform the duties so enjoined, shall, for each offence, forfeit to the commissioners of health, the sum of five hundred dollars.

order of

S22. Every person who shall violate any order or direction Disobeying of the board of health, made or given in the exercise of the board of powers vested in them by the first and second sections of this health. Title, shall be considered guilty of a misdemeanor, punishable by fine and imprisonment.

physician.

S23. Every practising physician, who shall refuse or neglect Penalty on to perform the duties enjoined on him in the sixth section of this Title, shall be considered guilty of a misdemeanor, and shall forfeit for each offence, the sum of two hundred and fifty dollars, to be sued for and recovered by the board of health.

keepers of

$ 24. Every keeper of a boarding or lodging-house, and Penalty on every master, owner or consignee of a vessel, who shall refuse boardingor neglect to obey the directions of the seventh and eighth houses. sections of this Title, shall be considered guilty of a misdemeanor, and on conviction shall be fined, for each offence, in a sum not exceeding two hundred and fifty dollars, or be imprisoned for a term not exceeding six months.

See Laws of 1850, ch. 275.

TITLE IV.

OF THE MARINE HOSPITAL AND ITS FUNDS.

SEC. 1. The marine hospital held by commissioners of health.

2. Commissioners have the superintendence.

3. Commissioner to furnish boat for health officer.

4. Care of sick persons; not to be removed without permit.

5. Persons eloping may be apprehended.

6. Expenses to be paid, by whom, and who not liable therefor.

7. (Repealed.)

8. Hospital money how applied; commission for health commissioner.

9. From whom master may recover monies.

10. Monies payable by masters of coasting vessels.

11. Commissioners must account to comptroller; use of surplus.

12. Sums necessary to keep buildings in repair.

whom held.

S1. The hospital erected on the easterly shore of Staten- Hospital by Island, and the land adjoining thereto, belonging to the state, shall continue to be denominated "the Marine Hospital," and shall, together with all buildings and improvements, made or to be made thereon, be held by the commissioners of health, in trust for the people of this state, for the purposes specified in this Chapter.

T

TITLE 4.

[445) Control thereof.

Boat.

Sick per

sons how

kept, &c.

Proceed

those

eloping.

S2. The health officer shall, by right of office, be physician of such hospital, and the commissioners of health shall, in all other respects, have the superintendence thereof; make rules and orders for its government and management, employ mates, nurses and attendants therefor, and provide bedding, clothing, fuel, provisions, medicine, and such other articles as shall be requisite therein.

§ 3. The commissioners of health shall, at all times furnish a convenient boat with sufficient boatmen, for the use of the health officer, the expense of which shall be charged to the funds of the hospital.

S 4. Every sick person sent to the marine hospital, shall be there kept and attended to, with all necessary and proper care; and no such person shall leave the hospital, until the health officer shall grant a discharge in writing.

$5. The health officer may direct, in writing, any constable ings against or other citizen to pursue and apprehend any person, not discharged, who shall elope from the hospital, and to deliver such person at the hospital, to be there detained until regularly discharged. It shall be the duty of the constable, or citizen so directed, to obey such directions; and every person who shall so elope shall be considered guilty of a misdemeanor, punishable by fine or imprisonment.

Expenses by whom

$ 6. All persons sent to the marine hospital, or any other to be paid. hospital provided by the board of health, other than those who shall have paid hospital money, and such poor persons as the board of health shall exempt, shall pay a reasonable sum for their board, medicine and attendance; and for the recovery of such sum, the commissioners of health may sue in their name of office.

How applied.

[446]

How recovered by masters.

Coasting vessels when to pay.

Accounts; surplus.

SEC. 7. Repealed by Laws of 1849, ch. 350, 16.

$8. The monies so received, shall be denominated "hospital monies," and shall be appropriated to the use of the marine hospital, deducting a commission to the health commissioner of two and one half per cent for collection.

$9. Each master paying hospital monies, shall be entitled to demand and recover, from each person for whom they shall be paid, the sum paid on his account.

S10. Every master of a coasting vessel, shall pay to the health commissioner, at his office, in the city of New-York, within twenty-four hours after the arrival of his vessel in the port, such hospital monies as shall then be demandable from him, under the provisions of this Title; and every master, for each omission of such duty, shall forfeit the sum of one hundred dollars.

$ 11. The commissioners of health shall account annually to the comptroller, for all monies received by them, or either of them, for the use of the marine hospital; and if such monies shall, in any one year, exceed the sum necessary to defray the expenses of their trust, including their own salaries, and exclusive of such expenses as are to be borne and paid as

5.

a part of the contingent charges of the city of New-York, TITLE & they shall pay over such surplus to the treasurer of the society for the reformation of Juvenile delinquents in the city of NewYork, for the use of that society.

fund; bal

S 12. The sums necessary to keep the buildings and im- Charges on provements of the marine hospital in good repair, shall be ances on charged as a part of its annual expenses; and the balance of hand. hospital monies, now or hereafter in the hands of the commissioners of health, whether invested in stock, or otherwise, shall remain appropriated to supply any deficiency that may occur, of the annual funds, to meet the annual expenses of the hospital, and to defray the expenses of erecting such other hospitals, or buildings, as the governor shall, from time to time, direct; and no sale of stock shall be made by the commissioners, except by the order of the governor.

See Laws of 1844, ch. 316; 1829, ch. 302; 1843, ch. 52; 1831, ch. 234;
1840, ch. 315; 1847, ch. 483.

TITLE V.

GENERAL PROVISIONS APPLICABLE TO THE CITY OF NEW-YORK.

SEC. 1. Limited provisions may be extended by proclamation.

2. Proclamation may be revoked.

3. To whom fines, &c. payable, and how to be applied.

4. Commissioners to give information of offences.

5. Suits not to abate on death of officers.

6. Provisions of Chapter, how far to extend; not to interfere with common law.

7. Board of health to cause parts of this Chapter to be distributed.
8. Magistrates to aid board of health.

visions

$1. Whenever it shall appear to the board of health, that Certain proany provisions of this Chapter, limited in their operations to how exa certain period of the year, ought to be extended, the mayor tended. of the city shall issue his proclamation, extending such provisions to such time as shall be mentioned in the proclamation; and such provisions shall thereupon be extended accordingly, and with the like effect as if the periods mentioned in the proclamation, had been enacted in this Chapter.

[447]

revoked.

§ 2. If it shall appear to the board of health, whilst such How proclamation is still in force, that the necessity of extending the period therein named has ceased, the mayor, by a new proclamation declaring that fact, shall revoke the proclamation first issued, which, from that time, shall cease to have effect.

how col

paid.

S3. All fines, forfeitures and penalties, imposed in this Penalties Chapter, or under the powers delegated therein, shall be paid lected; to to the commissioners of health, as a part of the funds of the whom to be marine hospital; and such as are recoverable by suit, including the penalties of bonds taken from persons under .quarantine, and excepting such as are, or shall be, imposed on physicians, shall be sued for by the commissioners of health, in their name of office.

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