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TITLE 2.

Information.

Suits not to abate.

Extent of

ter.

S4. It shall be the duty of the commissioners of health and of each of them, to give information to the district attorney of the city and county of New-York, of all offences against the provisions of this Chapter, that shall come to their knowledge, that he may prosecute the offenders without delay, in the court of sessions of the city.

$5. No suit that shall be brought by the board or the commissioners of health, or the health officer, in their respective names of office, in pursuance of the authority given in this Chapter, shall abate on account of the death of the officer, or officers, by whom the same shall be commenced.

$6. The provisions of the previous Titles of this Chapter, this chap- shall extend to all diseases, which, in the opinion of the board of health, shall be deemed dangerous to the public health; and nothing in this Chapter contained, shall be construed to interfere with the remedies against nuisances, provided by the common law.

Parts of this chapter to be printed and

$7. The board of health shall, from time to time, cause such parts as they shall deem necessary, of this Chapter, to distributed. be printed, and shall deliver the same to the respective pilots of the port, for distribution to the masters of vessels subject to quarantine: the expenses of such printing shall be defrayed out of the monies appropriated for the use of the marine hospital.

All officers, &c., to aid.

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$8. It shall be the special duty of all magistrates and civil officers, and of all citizens of the state, to aid to the utmost of their power the board of health, and all the health officers mentioned in this Chapter, in the performance of their respective duties.

Article 4 of Title 3 of ch. 275 of Laws of 1850 is almost identical with this Title, but this Title is not repealed except as it is "inconsistent."

TITLE VI.*

REGULATIONS FOR THE PRESERVATION OF PUBLIC HEALTH IN OTHER
PORTS AND PLACES OF THE STATE.

SEC. 1. Vessels to perform quarantine in Albany, Troy, and Hudson.

2. Persons violating provisions, guilty of misdemeanor.

3. Powers to execute this title.

4. Health officers in Albany and Hudson, duties; fees.

5. Board of health in Brooklyn; who president and clerk.

6. May appoint a health physician.

7. Duty of health physician.

8. How vessels subject to quarantine at New-York, permitted to enter Brooklyn.

9. Master to deliver permit; to whom.

10. Master violating preceding provisions, guilty of misdemeanor.

11. Board may order vessels to be removed.

12. Order to be in writing; by whom signed; how served.

13. Penalty on persons violating order.

14. Practising physicians to report patients.

15. Penalty for not reporting.

*The provisions of this Title have been superseded, though not in terms repealed by subsequent legislation. See laws of 1850, ch. 144, 324.

SEC. 16. Duties of keepers of boarding-houses at certain period. 17. In same period, sick persons not to enter village.

18. Violation of two last sections, misdemeanor.

19. Certain powers of board of health.

20. Persons violating order of board, guilty of misdemeanor.

21. Fines; to whom paid; how applied.

TITLE 6.

at Albany, Hudson.

22. Two justices of any town, may remove sick strangers. $1. No vessel having on board any person infected with Quarantine any pestilential or infectious disease, or coming from a place Troy, and so infected, shall enter any other of the ports or harbors of this state, until such quarantine as the persons herein after mentioned shall direct, shall have been performed, namely: for the cities of Albany, Troy, and Hudson, and upon the Hudson river opposite to those cities, and within one mile above and below the same, the mayor, or in his absence, the recorder of those cities respectively.

S2. Every person so subject to quarantine, who shall violate Penalties. any of the regulations to be prescribed respecting the same, shall be considered guilty of a misdemeanor, and shall be fined in a sum not exceeding five hundred dollars.

certain

S3. The persons authorised to execute this Title in the Powers of cities of Albany, Troy, and Hudson, shall respectively have officers. power,

1. To take such measures as they shall deem effectual to prevent the spreading of any infectious disease:

2. To stop, detain and examine, for that purpose, every person coming from any place infected, or believed to be infected, with such a disease:

3. To cause every such person, whom they shall suspect of being infected with such disease, and who shall not be an inhabitant of this state, to be sent out of the state, or to be kept therein in such manner as not to endanger the public health: and,

4. To appoint such and so many persons to aid them in the execution of their powers, as they shall deem proper.

S4. The health officer in each of the cities of Albany and Hudson, shall assist in carrying into effect the provisions of this Title; and from the master of each vessel from a foreign port, that he shall visit and examine, shall be entitled to receive the sum of seven dollars and fifty cents.

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health in

S5. The board of trustees of the village of Brooklyn, shall Board of continue to be a board of health for that village. The Brooklyn. president, or the president for the time, of the village, shall be the president of the board of health; and the clerk of the board of trustees, shall be the clerk of the board of health, and as such, shall keep regular minutes of all their proceedings.

$6. The board of health shall annually appoint, by warrant, Physician. under the common seal of the village, a physician, then being an inhabitant of the village, to be the health physician in and for the village of Brooklyn.

TITLE 6. His duty.

Certain vessels not to enter village.

Duty of masters.

Penalties.

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Vessels

when to be removed.

Order how signed and served.

Penalties

for disobeying.

S7. It shall be the duty of such health physician,

1. To visit all sick persons who shall be reported to the board of health of the village, and to report, without delay, his opinion of the sickness of such persons, to the president of that board:

2. To visit and inspect all vessels coming to the wharves, landing places, or shores, in the village of Brooklyn, and suspected to have on board any pestilential disease, and all stores, or ware-houses, suspected to contain putrid or unsound provisions, damaged hides, cotton, or other articles; and to make report of the condition of such vessels, provisions, or articles, without delay, to the president of the board of health; and,

3. To meet daily, from the first day of June to the first day of October, in each year, at the office of the board of health in the village, with one or more members of the board, for the transaction of business.

S8. No vessel subject to quarantine in the port of NewYork, shall proceed beyond the place of quarantine on Staten-Island, to the village of Brooklyn, without a permit from the health officer of the city of New-York.

$9. The master of every such vessel arriving in the village of Brooklyn, shall within six hours after such arrival, deliver the permit of the health officer to the president of the board of health of the village, or to such person as he shall direct.

S10. Every master who shall violate the provisions of either of the two last preceding sections, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court, by which he shall be tried; the fine for each offence not to exceed two hundred and fifty dollars, nor the imprisonment six months.

$ 11. The board of health of the village, whenever in their judgment the public health shall require it, may order any vessel at any wharf, landing place or shore of the village, to be removed at least five hundred yards from the shores of the village, within six hours from the service of such order.

$12. Every such order shall be in writing, and be signed by the president of the board of health of the village, or in his absence, by a majority of the members of the board; and may be served by a delivery thereof to the person having, at the time, the care or command of the vessel to be removed, or to the master, owner or consignee thereof.

$ 13. Every person upon whom such order shall have been duly served, who shall omit to comply with its requisitions, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried; the imprisonment not to exceed six months, nor the fine, for each day the vessel to be removed shall have remained at or near the shores of the village, in violation of the terms of the order, two hundred and fifty dollars.

TITLE 6.

$14. Every practising physician in the village of Brooklyn, Sick to be shall forthwith make a report in writing, signed by himself, to reported. some one of the board of health of the village, of every patient he shall have, laboring under malignant or yellow fever, or any other pestilential or infectious disease.

S 15. Every physician who shall omit to make such report, Penalty. shall forfeit the sum of fifty dollars, and be considered guilty of a misdemeanor.

boarding

S16. Every keeper of a boarding or lodging-house, in the Keepers of village of Brooklyn, between the first day of June and the houses to fifteenth day of November in each year, shall report in report. writing, to some one of the board of health of the village, the name of every seafaring man or traveller who shall be sick in his house, within six hours after each case of sickness shall have occurred.

enter vil

S 17. No sick person, between the days mentioned in the Sick not to last preceding section, shall be removed from any vessel lying lage. at or near the shores of the village of Brooklyn, or from any other place, into the village, until the name of such person shall have been reported in writing, to some one of the board of health of the village, and a written permit of such removal have been granted by the board.

$ 18. Every person who shall violate the provisions of Penalties. either of the two last preceding sections, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment; the fine for each offence not to exceed one hundred dollars, nor the imprisonment six months.

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$ 19. The board of health of the village of Brooklyn shall Powers of have power,

1. To issue their proclamation, prohibiting or regulating the internal intercourse by land or water, between that village, and any other place where they shall have reason to believe, that a pestilential or infectious disease then prevails:

2. In case of the prevalence of any such disease in any part of the village, to enclose and shut up such infected part, so as to prevent all intercourse therewith:

3. To remove to the public hospital of the village, or such other place as they may deem fit, all persons within the village, not being residents thereof, who shall be sick of any pestilential or infectious disease, and all articles and things infected by, or tainted with, pestilential disease: and,

4. To cause any bedding or clothing, or any unsound or putrid articles found within the village, to be destroyed, whenever in their judgment, such destruction shall be necessary to prevent infection.

board of health.

violating

$20. Every person who shall violate any order, rule, or Penalty for regulation of the board of health of the village, made in orders. pursuance of the powers granted in the last preceding section, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by whom the offender shall be tried.

TITLE 7. Fines how collected and paid.

Powers of

justices in towns.

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Notice to be given to every

geon.

sur

S21. All fines and forfeitures imposed in any of the preceding sections of this Title, from the fifth section inclusive, shall, when collected, be paid to the board of health of the village of Brooklyn, to be applied by them to the purchase, building or hire, support and maintenance of a public hospital for the village; and such forfeitures as are recoverable by civil suit, shall be sued for by the president of the board of health, in his name of office.

$ 22. Any two justices of the peace, in any town of this state, may cause all persons who shall be sick of any infectious or pestilential disease, and not being residents of such town, by an order in writing, to be removed to such place of safety within the town, as they shall deem necessary for the preservation of the public health.

TITLE VII.

GENERAL REGULATIONS CONCERNING THE PRACTICE OF
PHYSIC AND SURGERY IN THIS STATE.

SEC. 1. Medical societies to require physicians to apply for admission.

2. If persons notified do not apply, license to be forfeited.

3. Charges may be preferred to society against members.

4. When charges to be delivered to district attorney.

5. District attorney to serve copy on accused, and give notice of hearing.
6. He shall conduct prosecution, and issue subpoenas for both parties.

7. County judges to hear and determine charges.

8 & 9. Qualifications for admission to an examination.

10. Certificates of commencing of studies to be filed.

11. Order specifying period of study, to be annexed.

12. When regents to grant degrees of doctor of medicine.

13. In what counties students to be examined.

14. Candidates rejected in one county, not to be examined in another; may appeal.

15. Persons rejected by state censors, not to be examined by county censors.

16. No person to practise without license, &c.

17. Persons coming from another state, &c. to file copy of diploma.

18. Certain diplomas not to confer right of practising.

19. Persons licensed, to deposit copy of license.

20. Persons under 21, not entitled to practise.

21. Certain degrees not to be a license; restriction as to faculties of medicine. 22. Repealed.

§ 1. The president of every county medical society shall give notice in writing, to every physician and surgeon not physician already admitted into such society, within the county in which the society of which he is president is situated, requiring such physician or surgeon, within sixty days after the service of such notice, to apply for and receive, a certificate of admission, as a member of such society.

How served;

persons notified to

This Title was compiled, with some variations and additions, from the following statutes: 2 R. L., 220, § 12, 20 and 21; Laws of 1818, 192; 1819, 308; 1827, 178; 3 W., 426; 1 H., 665.

$2. The service of every such notice shall be made personally, on the physician or surgeon, to whom it shall be directed; forfeit their and if such physician or surgeon shall not, within the time licenses, if specified in the notice, or within such further time as may be

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