Health offcer to report annually. Powers of board of health, mayor and commissioners of health offi York, health of S 45. The health officer shall present to the commissioners of quarantine annually, on or before the first of February, a report of the general condition of the quarantine establishment, with the statistics of the institution in detail, and such other information and suggestions in regard to the same as he may deem advisable; he shall also furnish to the board of health of the cities of New York and Brooklyn, and to the commissioners of quarantine, whenever required by them to do so, an official return of the numbers and diseases of the patients in the floating hospital. $ 46. The board of health, or the mayor and commissioners of health of the city of New York, or the board of health of Brooklyn, or the health officer of the port of New York, whenhealth, and ever, in their or his judgment, the public health shall require, And may order any vessel at the wharves of the city, or in their the board of vicinity, to the quarantine ground or some other place of Brooklyn. safety; and may require all persons, articles or things introduced into either city from such vessel, to be seized, returned on board thereof, or removed to the quarantine or other place of safety. If the master, owner or consignee of the vessel cannot be found, or shall neglect or refuse to obey the order of removal, the said board of health, or mayor aud commissioners of health, or health officer shall have power to employ such assistance as may be necessary to effect such removal, at the expense of such master, owner or consignee; and such vessel or person shall not return to the city without the written permission of the said board of health, or mayor and commissioners of health, or health officer. Whenever any person shall have been employed as above provided, to remove any vessel, or to remove any article or thing introduced into the city from such vessel, and shall, in pursuance of such employment, effect such removal, he shall have a lien on said vessel, her tackle, apparel and furniture, for his services and expenses in effecting such removal. Passengers. when to be master of vessel. $47. All passengers being on board of vessels under quarprovided for antine shall be provided for by the master of the vessel in which they shall have arrived; and if the master shall omit or refuse to provide for them, or they shall have been sent on shore by the health officer, they shall be maintained by the commissioners of quarantine, at the expense of such vessel, her owners, consignees, and each and every one of them; and the health officer shall not permit such vessel to leave quarantine until such expense shall have been repaid or secured; and the said commissioners of quarantine shall have an action against such vessel, her owners, consignees, and each and every one of them, for such expenses, which shall be a lien on such vessel and may be enforced as other liens on vessels are enforced by said commissioners of quarantine. Confinement of offenders. $48. The health officer, upon the application of the master of any vessel under quarantine, may confine in any suitable tion over place on shore, any person on board of such vessel charged with having committed an offense punishable by the laws of this state or the United States, and who cannot be secured on board of such vessel; and such confinement may continue during the quarantine of such person, or until he shall be proceeded against in due course of law; and the expense thereof shall be charged and collected as in the last preceding section. S49. Exclusive jurisdiction of the offenses specified in this Jurisdic act is hereby given to the courts of general and special ses- offenses. sions of the peace of the city of New York, and general sessions of the county of Kings; and it shall be the duty of the district attorneys of the city and county of New York and county of Kings respectively to prosecute all persons guilty of such offenses, in preference to any indictment then in their offices; and it shall be the duty of either of the said courts to hear and try the offenses against this act, in preference to all other cases pending before it; and whenever any person shall be convicted on a trial for such offense, the court shall forthwith proceed to pronounce judgment upon him according to the terms prescribed in this act. commis emigration. $50. The commissioners of emigration shall receive into Duty of their hospitals all alien passengers for whom bonds shall have sioners of been given, or commutation paid, under the several acts of this state relating to alien passengers arriving at the port of New York, who shall be affected with any contagious or infectious disease, other than yellow fever, and sent to such hospital by the authority of the health officer. They shall defray the expenses of such patients out of the moneys by them received on account of bonds or commutation. certain $51. The commissioners of emigration shall execute and To convey acknowledge a suitable and proper conveyance, to be ap-state. proved by the attorney-general, conveying to the state all the right, title and interest which they have in the real estate on Staten Island, now or formerly occupied for quarantine purposes, as a marine hospital; which conveyance, after being recorded in the office of the clerk of the county of Richmond, shall be filed in the office of the secretary of state. $52. It shall be the duty of the commissioners of quaran- commistine to hold daily meetings, Sundays and customary holidays sioners of excepted, from the first day of May until the first day of November, in each year, and as often in the other months as in their judgment may be necessary. They shall present annually a report of their proceedings, and of the condition. of the quarantine establishment, to the legislature, on the opening thereof. Meetings of quarantine. health offi $53. The health officer shall be entitled to receive the fees Fees of fixed by law for his services. He shall thereout pay all the cer salaries and wages of the deputy health officers and such bargemen, nurses, stewards and other employees as may be necessary for the performance of the duties imposed upon him Appointment of antine com by this act, and for the carrying on the quarantine establishment, except the salaries of the commissioners of quarantine, and the said health officer shall pay the current expenses of running a steamboat for the transportation of persons to and from the establishment, and for visitations and for burying the dead, but nothing in this section contained shall be construed or held to affect the liability of masters or owners of vessels, passengers or other persons, to pay for such services, labor or work, as they are respectively required to pay or discharge by the terms of this act. $54. The governor shall nominate, and by and with the three quar- advice and consent of the senate, shall appoint three dismissioners. creet persons, citizens of this state, who shall be residents of the Metropolitan police district, as commissioners of quarantine for the purposes of this act, who shall hold their offices for three years and until their successors shall be appointed and qualified. He shall, every three years thereafter, and as often as 'vacancies shall occur by reason of death, resignation, insanity, or removal from the said district, appoint, by and with the consent of the senate, citizens, as aforesaid, who shall reside in said district, to fill the place of those commissioners whose term shall expire or become vacant, and the persons so appointed shall hold their offices for three years and until their successors shall be appointed and qualified. $ 55. The said commissioners shall receive an annual salary of two thousand five hundred dollars each. Salary. Ante, vol. 1, p. 385. Service of citation. CHAP. 362, AN ACT in relation to proceedings in surrogates' courts, and to the fees of surrogates, and the compensation of executors and administrators, and to a clerk for surrogates. PASSED May 2, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 1. Section six of chapter four hundred and sixty of the Laws of eighteen hundred and thirty-seven, is hereby repealed, and section eight of the same chapter is amended by adding thereto as follows: "If such citation is directed to a minor under the age of fourteen years within this state, whose name and residence can be ascertained, a copy thereof shall be delivered to such minor personally, and also to his father, mother or guardian, or, if there be none within this state, then to any person having the care and control of such minor, or with whom he shall reside or in whose service he shall be employed. In all cases where service is made by publication, a copy of said citation shall also be mailed to each person so served, at his place of residence or post-office address, if the same can be ascertained, at least thirty days before the return day thereof; upon the return day of the citation, or before taking any proceedings upon the will, the surrogate shall ascertain whether any and which of the persons mentioned in section five of said chapter are minors, and the names and places of residence of their general guardians, if they have any, and if there shall be no general guardian within this state, who shall have been served with said citation, the surrogate shall, by an order to be entered, appoint a Special special guardian for such minors, to take care of their interest be appoint in the premises, and the written consent of every person so appointed special guardian to serve as such, shall be filed with the surrogate, and such special guardian shall appear in person before said surrogate before any evidence is taken in regard to the will; the testamentary guardian named in the will to be proved, shall not for this purpose be deemed a general guardian." Ante, vol. 4, p. 488. guardian to cd. citation on $2. Section seven of chapter four hundred and sixty, of Service of the Laws of eighteen hundred and thirty-seven, is hereby guardian. amended by striking out the following clause thereof, viz.: "Or if any of them are minors, to their guardians by name, stating their place of residence." Ante, vol. 4, p. 488. 53. Section twenty-seven of title two, chapter six, part two of the Revised Statutes, is hereby amended by adding thereto the following, viz.: as to grantadministra This section shall not be construed to authorize the grant- Prohibition ing of letters to any relative not entitled to succeed the per- ing letters of sonal estate of the deceased as his next of kin at the time of tion. his decease. Ance, vol. 2, p. 76. $4. Section thirty-two of title two, chapter six, part two, of the Revised Statutes is hereby amended, so that the latter clause thereof shall read as follows: administration to mar Nor to any married woman, unless with the written consent Letters of of her husband. But, with such written consent, she may ried women. administer without her husband. And the words, "but where a married woman is entitled to administration, the same may be granted to her husband in her right and behalf," are hereby stricken out. Ante, vol. 2, p. 77. 5. Section sixty-two, title three, chapter six, part two, of the Revised Statutes, is hereby amended by adding thereto as follows, viz.: In all cases of service by publication, a copy of the citation Malling shall be mailed to each of the persons so served, at least thirty ton copy cita In applica real estate minors and special guardians with orders to show cause. days before the return day thereof, to his place of residence or post-office address, if his name and post-office address can be ascertained. Ante, vol. 2, p. 96. S6. In proceedings to mortgage, lease or sell the real estate of deceased persons, under title four, chapter six, part two of the Revised Statutes, minors shall be served with the order to to be served show cause, and special guardians appointed for them in the same manner as citations are required to be served and special guardians appointed, on the proof of wills, instead of in the manner special guardians are now required to be appointed for minors and service of the order to show cause to be made on them or said minors. Upon the hearing on the order to show cause, the surrogate may order a sale of a portion, and a mortgage or lease of another portion of such real estate; and only one order to show cause need be made in any proceeding. When sur rogate not to receive fees. Compensa tion of exe $7. In all cases where the inventory of personal property of any testator or intestate, filed in the office of the surrogate, shall not exceed the sum of one thousand dollars, no fees for any service done or performed by the surrogate shall be charged to, or received from, the executor or administrator, and if the petition for letters testamentary or of administration shall allege that, in the belief of the petitioner, the said inventory will not exceed in amount the sum aforesaid, no fees shall be received until it appears from the said inventory, when filed, that the personal property does not exceed that sum, and in all cases of the appointment of guardians, where it shall appear that the application is made for the purpose of enabling the minor or minors to receive bounty arrears of pay or prize money or pensions due, or other dues or gratuity from the federal or state government for the services of the parent or brother of such minor or minors in the military or naval service of the United States, no surrogate fees shall be charged or received. Amended by Laws of 1866, chap. 784, post p. 831. S8. Section fifty-eight of article third, title third, chapter cutors and sixth, part second, of the Revised Statutes is hereby amended so as to read as follows: administra tors. On the settlement of the account of an executor or administrator, the surrogate shall allow to him for his services, and if there be more than one, shall apportion among them, according to the services rendered by them respectively, over and above his or their expenses. For receiving and paying out all sums of money, not exceeding one thousand dollars, at the rate of five dollars per cent. For receiving and paying out any sums exceeding one thousand dollars, and not amounting to ten thousand dollars, at the rate of two dollars and fifty cents per cent. |