health by such officer, but such confinement shall in no case exceed Duties of ten days, and it shall be the duty of the constable or other officer. citizen so directed to obey such directions; and every person violating the quarantine laws or regulations, or obstructing the health officer, shall be considered guilty of a misdemeanor, punishable by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment not less than three months or more than six months. 4. To select and appoint and dismiss at pleasure, as many nurses, boatmen and other employees of the floating hospital and boarding station as may be found necessary for the care and proper treatment of the inmates thereof; and also, and in conjunction with the quarantine commissioners, to license lightermen, stevedores, laborers and other employees as may be found necessary for the care and purification of vessels, merchandise, baggage, dunnage, &c., in quarantine; but the compensation of all persons so employed shall be fixed and determined by the commissioners of quarantine. 5. To select, appoint and dismiss at pleasure two assistant or deputy health officers, for whose conduct he shall be responsi- Assistants. ble, and who may perform, subject to his direction, all the duties required of the health officer. Duties of health offlcer and § 27. It shall be the duty of the health officer and his assist- assistants. ants and deputies 1. To take and subscribe the oath of office prescribed in article twelve of the constitution of the State of New York. 2. To board and examine all vessels subject to quarantine as soon after arrival as practicable, between the hours of sunrise and sunset. Amended by Laws of 1865, chap. 592, post p. 537. 3. To exercise dispatch in the disposal of persons arriving Deceased in infected vessels; to have the bodies of persons who have died of malignant diseases on board of infected vessels arriving, and such as shall have died in the floating hospitals, interred in the quarantine burying-ground near Segoines's Point; and to proceed without delay in the purification of vessels, merchandise, baggage, dunnage and other articles in quarantine; and whenever he shall judge the same free from infection, to permit the removal thereof. No vessel or cargo, however, that has been in quarantine, shall be permitted to proceed to New York or Brooklyn, without the approval of the mayor or board of health of those cities respectively. Amended by Laws of 1865, chap. 592. post p. 537. effects. 4. To secure the effects of deceased persons in quarantine Ther from waste and embezzlement, and when the rightful claimants of such effects do not appear within the period of three months, to deliver the same to the public administrator of the city of New York, unless the said property be of such a description as ought not to be removed, or may be destroyed under the provisions of this act. health of 5. To keep the boards of health of New York and Brooklyn, Boards of at all times, informed of the number of vessels in quaran- New York Powers of hearta officer. Ib. Payment of expenses. To render account. tine, of the number of persons sick in the floating hospital, and of the diseases with which they are afflicted. 6. To receive any vessel or merchandise sent to him by the health authorities of New York or Brooklyn, dangerous to the public health. 7. To receive into the floating hospital any case of yellow fever that shall have been contracted in quarantine establishment or elsewhere. 8. To have all vessels, warehouses and merchandise in quarantine designated by a yellow flag; and to prohibit communication with or passage within range of such vessels and places, except under such restrictions as he may designate as being compatible with safety. $28. Whenever the health officer, in the performance of his duties, and in the execution of the powers imposed and conferred upon him by law or by any regulation or ordinance made in pursuance of any statute of this state, shall order or direct the master, owner or consignee of any vessel subject to quarantine, to do any act or thing, or comply with any regulation relative to said vessel or to any person or thing on board thereof, and said master, owner or consignee shall neglect or refuse to comply with such order or direction, the said health officer shall have power to employ such persons and assistance as may be necessary to carry out and enforce such order and direction, and the persons so employed shall have a lien on such vessel, her tackle, apparel and furniture for their services and expenses. $29. The health officer of the lighterage, stevedorage, and storage of vessels and merchandise in quarantine, may permit the captains and owners to employ lighterage and men on their own account; all persons so employed, however, shall be subject to the same restrictions for the protection of the public health, as those who may be licensed for the same services by the health officer and commissioners. $30. The expenses attendant on the duties of the health officer in relation to vessels, merchandise, baggage, dunnage, persons and burials under quarantine, shall be paid by the masters of the vessels for which the service shall have been rendered, or in which the merchandise, baggage, dunnage and persons shall have arrived; the storage of all merchandise in the quarantine warehouses shall be paid for, on delivery, by the owners; and the use of the wet-docks for overhauling and repairing vessels shall be paid for by the captains or owners of vessels using them. The charges for each and all of these several services shall be fixed upon and determined by the commissioners of quarantine. Amended by Laws of 1865, chap. 592, post p. 538. S31. It shall be the duty of the health officer to render an account, payable to the commissioners of quarantine, to all masters or owners according to the provisions of the last preceding section hereof, within forty-eight hours after the termination of any such service; and if the master or owner of any such vessel or merchandise omits to pay the said expenses within three days after account of the same shall have been rendered, the commissioners of quarantine shall have an action against any such vessel, her owners and consignees, or owners of merchandise, and each and every one of them, for such expenses, which shall be a lien on such vessel or merchandise; in the case of passengers, however, for whom expenses shall have been incurred under quarantine, the master of the vessel in which such passengers arrived, may recover from them the amount of expenses incurred on their account; aud until all such expenses be paid to the commissioners, the vessel, cargo and other property shall be held in quarantine. Amended by Laws of 1865, chap. 592, post p. 538. S32. Every master of a vessel, subject to visitation by the health officer, who shall refuse or neglect either: First. To proceed with and anchor his vessel at the place assigned at the time of his arrival; or, Second. To submit his vessel, cargo, crew and passengers to the examination of the health officer, and to furnish all necessary information to enable that officer to determine to what measures they ought respectively to be subject; or, Third. To remain with his vessel at quarantine during the period assigned by the health officer, and while at quarantine to comply with the directions and regulations prescribed by law, and with such as any of the officers of health by virtue of the authority given to them by law, shall prescribe in relation to his vessel, his cargo, himself, his crew or passengers, shall be guilty of a misdemeanor, and be punished by a fine not exceeding two thousand dollars, or by imprisonment not exceeding twelve months, or both by such fine and imprison ment. $33. Every master of a vessel hailed by a pilot who shall Ib. either: First. Give false information to such pilot, relative to the condition of his vessel, crew or passengers, or the health of the place or places from whence he came, or refuse to give such information as shall be lawfully required; Second. Or land any person from his vessel, or permit any person, except a pilot, to come on board of his vessel, or unlade or tranship any portion of his cargo before his vessel shall have been visited and examined by the health officer; Third. Or shall approach with his vessel nearer to the city of New York or Brooklyn than the place of boarding or anchorage to which he may be directed, shall be guilty of the like offense, and be subject to the like punishment; and any person who shall land from any vessel, or unlade or tranship any portion of her cargo under like circumstances, shall be guilty of a like offense, and be subject to the like punishment. $ 34. It shall be the duty of each branch and deputy pilot Duty of belonging to the port, to use his utmost endeavors to hail every vessel he shall discover entering the port, and to interrogate the master of such vessel in reference to all matters pilots. Duty of pilots. Punishment for viola act, or regulations. necessary to enable such pilot to determine whether, according to the provisions of the preceding sections, such vessel is subject to quarantine. $35. If, from the answers obtained from such inquiries, it shall appear that such vessel is subject to quarantine according to the preceding provisions, the pilot shall immediately give notice to the master of the vessel that such is the case, and that he must proceed and anchor said vessel at the quarantine anchorage, there to wait the further directions of the health officer. It shall be the duty of every pilot who shall conduct into port a vessel subject to quarantine: Amended by Laws of 1865, chap. 592, post p. 539. First. To bring such vessel to anchor within buoys, marking the quarantine anchorage. Second. To prevent any vessel or boat from coming alongside of the vessel under his charge, and to prevent anything on board from being thrown into any other vessel or boat. Third. To present the master of the vessel a printed copy of this title, when such a copy shall have been delivered to him for the purpose. Fourth. To take care that no violations of this title be committed by any person, and report such as shall be committed, as soon as may be, to the health officer. $36. Any person who shall violate any provision of this act, tions of this or neglect or refuse to comply with the directions and regulations which any of the officers of health may prescribe, shall be guilty of a misdemeanor, and be punished by a fine not exceeding two thousand dollars, or by imprisonment not exceeding twelve months, or both by such fine and imprisonment. Further Amended by Laws of 1865, chap. 592, post p. 539. S 37. It shall be the duty of the health officer, in the prehealth of sence of immediate danger, to take the responsibility of applying such additional measures as may be deemed indispensable for the protection of the public health. cer. Appeal from his decisions. Mode of appeal. Return thereto. $38. Any person aggrieved by any decision or direction of the health officer may appeal therefrom to the commissioners of quarantine, who shall constitute a board of appeal; the said board shall have power to affirm, reverse or modify the decision, order or direction appealed from, and the decision of the said board thereon shall be final. $39. An appeal to the board of appeal must be made by serving upon the health officer a written notice of such appeal within twelve hours (Sundays excepted) after the appellant receives notice of the order, decision or direction complained of. Within twelve hours after the health officer receives such notice (Sundays excepted) he shall make a return in writing, including the facts on which his order, decision or direction was founded, to the president of the board of commissioners of quarantine, who shall immediately call a meeting of the board of appeal, and said appeal shall be heard and decided within twenty-four hours thereafter (Sundays excepted); and until such decision be made, the order, decision or direction penalties. complained of, except it refer to the detention of a vessel, her cargo or passengers at quarantine, shall be suspended. $40. The penalties and forfeitures prescribed by this act suit for may be sued for and recovered, with costs of suit, by and in the name of the commissioners of quarantine, according to the provisions of "An act concerning passengers in vessels coming to the city of New York," passed May fifth, eighteen hundred and forty seven. Ante, vol. 4, p. 304. sioners of custodians. $41. The commissioners of quarantine are hereby consti- Commis tuted the custodians of the quarantine establishment of the quarantine, harbor and port of New York, to be by them held in trust for the people of this state, for the purposes and subject to the provisious specified in this act. sioners of to sell cer on Staten Amended by Laws of 1865, chap. 592, post p. 540. $42. The commissioners of the land-office are hereby commis authorized and directed, without unnecessary delay, to sell land-omice the lands owned and hitherto used on the eastern shore of tain lands Staten Island, heretofore known as the "marine hospital," Island. and also the land at Segoine's Point, excepting the buryingground, which shall be retained as a part of the new quarantine, together with all the buildings, and the proceeds of the same shall be held subject to and for the purposes of this act. Ameuded. See Laws of 1864, chap. 398, post p. 265. commis quarantine, $43. The said commissioners of quarantine are hereby Duties of authorized and directed to proceed, without unnecessary delay, sioners of to have constructed a floating hospital, warehouses, wetdocks, and to provide a boarding station and a residence for the health officer, with all appurtenances, according to the provisions of this act, and to pay for the same out of the funds herein before provided, and such other funds as are now held by them, or as they are or shall be empowered to raise or receive for such purposes. In the exercise of quarantine regulations at the harbor and port of New York, until the completion of the establishment according to the provisions of this act, vessels or hulks may be appropriated for the service of the sick, and also for the reception of merchandise; but in such cases they shall be so disposed as to permit the separation of the sick with different diseases, and to secure the best conditions of hygiene, especially ventilation, and under no circumstances whatever shall sick persons be kept in proximity with infected vessels or merchandise. Weil persons shall have their liberty as soon as practicable, consistent with the provisions of this act; and all means necessary to the protection of the public health shall be instituted according to the exigencies of the case, provided they are not inconsistent with the provisions of this act. Salaries and $ 44. All salaries and wages of the employees in the quar- wages of antine establishment, not specially provided for in this act, employees. shall be fixed and determined by the health officer. |