York or ground. health em employ effect re their or his judgment the public health shall require, may order ART. 3. any vessel at the wharves of the city, or in their vicinity, to the from Newquarantine ground or some other place of safety, and may require vicinity to all persons, articles or things introduced into the city from such quarantine vessel to be seized, returned on board thereof or removed to the quarantine or other place of safety. If the master, owner or con- Board of signee of the vessel cannot be found, or shall neglect or refuse to powered to obey the order of removal, the said board of health, or mayor and sistance to commissioners of health, or health officers, shall have power to moval. 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 Person been employed as above provided to remove any vessel or to effecting reremove any article or thing introduced into the city from such have a lien 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. [1857, ch. 412, § 1.] moval to on vessel. ter, owner signee neg cer, health powered to $25. Whenever the said health officer, in the performance of the When mas duties and in the execution of the powers imposed and conferred or conupon him by law, or by any regulation or ordinance made in pur-feet to comsuance of any statute of this state, shall order or direct the master, ply with owner or consignee of any vessel under quarantine to remove such health offvessel from her anchorage, or to do any act or thing, or comply officer emwith any regulation relative to said vessel, or to any person or employ thing on board thereof, or which shall have been brought to said assistance. port therein, 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 or direction, and Persons the persons so employed shall have a lien on such vessel, her employed to tackle, apparel and furniture, for their services and expenses. [Same on vessel ch., § 2.] have a lien enforced in scribed by 8 3d part of 5 26. The liens specified in the preceding sections may be en- Lien to be forced in the same manner as other liens on vessels are enforced, m de preby warrant of attachment, in the mode prescribed in title eight of titles of chapter eight of the third part of the Revised Statutes, all the chapter 8 of provisions of which title shall apply to the services and expenses R. S. specified in this act; and the person or persons so rendering such services and incurring such expenses shall be deemed creditors of such vessel, and of her master, owner or consignee respectively; or such person or persons may have and maintain an action against the master, owner or consignee, or either of them, of such vessel, to recover the value of such services and expenses. [Same ch., § 3] health offi. persons 327. Every person who shall oppose or obstruct the said Persons obhealth officer in performing the duties required of him by law, and structing every person who shall go on board or have any communication, cer, and intercourse or dealing with any vessel under quarantine, or with having inany of her crew or passengers, without the permission of the with vessels health officer, or who shall without such permission invade the permission tercourse without TITLE 2. guilty of a quarantine grounds or anchorage, shall be guilty of a misdemeanor, shall be and shall be punished by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment not less than three nor more than six months in the penitentiary. [1857, ch. 412, § 4.] nor. Courts of sions of N. Y. to have exclusive jurisdiction. Duty of district attorney. Courts. * 28. Exclusive jurisdiction of the offenses specified in the Special Ses- preceding fourth section is hereby given to the courts of general and special sessions of the peace of the city of New York; and it shall be the duty of the district attorney of the city and county of New York to prosecute all persons guilty of such offenses, in preference to any indictment then in his office; 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. [Same ch., §5.] *S29. Such provisions of existing laws as are inconsistent herewith, are hereby repealed; but such repeal shall not be construed to revive any act or part of an act repealed by the laws hereby repealed. [Same ch., § 6.] Inconsistent acts repealed. Proclamation by mayor con ARTICLE FOURTH. Of the Regulation of Intercourse with Infected Places. SEC. 30. The mayor may by proclamation declare any place "an infected place-" 33. Board of health may prohibit or regulate intercourse with an infected place. *S 30. [Sec. 24.] The mayor of the city of New York may issue his proclamation, declaring any place where there shall be reason cerning in to believe a pestilential, contagious or infectious disease exists, or may exist, to be an infected place within the meaning of the health laws of this state. fected places. How long to have effect. Vessels arriving *$ 31. [Sec. 25.] Such proclamation shall fix the period when it shall cease to have effect; but such period, if they shall judge the public health to require it, may from time to time be extended by the board of health of said city; and notice of the same shall be published in five or more of the newspapers of the city. $32. [Sec. 26.] After such proclamation shall have been after procla- issued, all vessels arriving in the port of New York from such inmation sub- fected place, shall be subject to the same quarantine laws and quarantine regulations as the vessels embraced in the first subdivision of the ject to laws. Board of health to regulate second section of this act, and shall, together with their officers, crews, passengers and cargoes, be subject to all the provisions, regulations and penalties of this act, in relation to vessels subject to quarantine; but such quarantine shall not extend beyond the period when such proclamation shall cease to have effect as provided by the last preceding section. * $ 33. [Sec. 27.] The board of health may, in their discretion, prohibit or regulate the internal intercourse, by land or water, bethe inter- tween the city of New York and such infected place; and may with infec- direct that all persons who shall come into the city of New York ted places. contrary to their prohibitions and regulations, shall be apprehended course and conveyed to the vessel or place from whence they last came; or if sick, they shall be conveyed to the Marine hospital, or such other place as the board of health shall direct. ARTICLE FIFTH. Penalties for Violating the Provisions of this Title. Buc. 34 & 35. Penalties for masters refusing obedience to quarantine laws. 36. Penalties on other persons. $7. Penalty for obstructing health officer in discharge of his duties. 38. Penalty for holding intercourse with vessels at quarantine and trespassing on quarantine ground. 39. Penalty for violating provisions of this act. 40. Jurisdiction of courts in New York city, duty of district attorney. ART. 5. masters of *§ 34. [Sec. 28.] Every master of a vessel subject to quaran- Duties of tine, or visitation by the health officer, arriving in the port of New vessels and York, who shall refuse or neglect either: penalties for viola 1. To proceed with and anchor his vessel at the place assigned ting them, for quarantine, at the time of his arrival ; 2. To submit his vessel, cargo and passengers, to the examination of the health officer, and to furnish all necessary information to enable that officer to determine to what length of quarantine and other regulations they ought respectively to be subject; or, 3. To remain with his vessel at quarantine during the period assigned for her quarantine, 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 passengers or crew, 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 by both such fine and imprisonment. *S 35. [Sec. 29.] Every master of a vessel hailed by a pilot, who shall either: penalties. 1. Give false information to such pilot, relative to the condition Further 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; 2. 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 officers; 3. Or, shall approach with his vessel nearer the city of New York than the place of quarantine, to which he may be directed, shall be guilty of the like offence, 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 the like offence, and be subject to the like punishment. persons. *336. [Sec. 30.] Any person who shall violate any provision of By other this act, or neglect or refuse to comply with the directions and regulations which any of the officers of health may prescribe, shall be guilty of the like offence, and be subject for each offence to the like punishment. TITLE 3. Fine and meut. Communication with Vessels pro hibited without permission of health officer. Penalty. Jurisdiction of courts. * $37. [Sec. 31.] Every person who shall oppose or obstruct the health officer in performing the duties required of him, shall be guilty of the like offence, and be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding three months, or by both such fine and imprisonment. *§ 38. [Sec. 32.] Every person who shall go on board of or have any communication, intercourse or dealing with any vessel at quarantine, or with any of her crew or passengers, without the permission of the health officer, or who shall, without such authority, invade the quarantine grounds, or anchorage, shall be guilty of the like offence, and be subject to the like punishment; and such offender shall be detained at quarantine so long as the health officer shall direct, not exceeding twenty days. In case such person shall be taken sick of any infectious, contagious, or pestilential disease, during such twenty days, he shall be detained for such further time at the Marine hospital, as the health officer shall direct. *$39. [Sec. 33.] Every person who shall violate the provisions of this act, by refusing or neglecting to obey or comply with any order, prohibition, or regulation made by the board of health, in the exercise of the powers herein conferred, shall be guilty of a misdemeanor, punishable by fine and imprisonment, in the discretion of the court by which the offender shall be tried. $40. [Sec. 34.] The courts of general and special sessions of the peace of the city and county of New York, shall have exclusive jurisdiction of all offenses against the provisions of this act; and it shall be the duty of the district attorney of the city and county of New York, to prosecute all persons guilty of such offenses without delay. TITLE III.' Internal regulations for the Preservation of the Public Health of the city of ART. 1. Of certain duties and powers of the city inspector, the board of health and ART. 2. Of the duties of physicians and other persons. ART. 3.-Prohibitions and penalties. ART. 4.-General provisions. ARTICLE FIRST. Of certain Duties and Powers of the City Inspector, the Board of Health, and the Mayor and Commissioners of Health. SEC. 1. Powers of the city inspector. City in 典 spector. Health wardens. 2. Corporation of New York to make ordinances for preservation of public health, &c. 3. Speedy abatement of nuisances. 4. Expense of their abatement how recovered. 5. Duty of the board of health. 6. Power to abate certain nuisances dangerous to the public health, 7. To send to Marine hospital non-residents sick with infectious disease. 8. Commissioners of health to report, &c. *S 1. The city inspector of the city of New York shall have power, 1. To appoint, by and with the advice and consent of the board of aldermen of said city, from time to time, all and so many health 1 Title iii of chapter 275 of 1850, substituted for title iii, R. S. wardens and other officers, as the common council or the board of _ART. 1. health shall direct, to carry into effect the provisions of this title, and the rules and regulations of the board of health, the laws and ordinances of the common council of said city, and the laws of this state, relating to the public health. Such health wardens and officers shall be subject to the supervision and control of the city inspector. enter and 2. To authorize such officers at such times as he shall think fit, Who shall to enter into and examine in the day time all buildings, lots and examine places of every description within the city, and to ascertain and report to the mayor, and the commissioners of health, the condition thereof, so far as the public health may be affected thereby. notice to health of business or 3. It shall be the duty of the city inspector on complaint being To give made to him or whenever he shall deem any business, trade or board of profession carried on by any person or persons in the city of New unhealthy York detrimental to the public health, to notify such person or trade. persons to show cause before the board of health at a time and place to be specified in such notice why the same should not be discontinued or removed, which notice shall be a notice of not less than three days (except in cases of epidemic or pestilence, the board of health may by general order direct a shorter time, not less than twenty-four hours,) and may be served by leaving the same at the place of business or residence of the parties to be affected thereby. Cause may be shown by affidavit, and the order of the board of health shall be final and conclusive thereon. means to purify 4. The said city inspector to give all such directions, and adopt To take all such measures for cleansing and purifying all such buildings, cleanse and lots and other places, and to do or cause to be done, every thing if the in relation thereto, which in the opinion of the mayor, and the commissioners of health of the city, shall be deemed necessary. Every person who shall disobey any order of the city inspector, or of the board of health, which shall have been personally served upon them, to abate or remove any nuisance in the manner and at the time described in such order, shall, on complaint of the city inspector, or of the person serving such order, before the mayor or any police justice of said city, be liable to arrest and summary punishment by fine, not exceeding one thousand dollars, or imprisonment not exceeding one year, or by both such fine and imprisonment. diseases. 5. To adopt such prompt measures to prevent the spreading To prevent of any contagious, infectious or pestilential disease, as shall be the spread directed by the mayor and the commissioners of health, when it tagious shall appear to the mayor and the commissioners of health, that any person within the city is afflicted with any disease of that character. 32. The mayor, aldermen and commonalty of the city of New By-laws. York, shall have full power and authority to make and pass all such by-laws and ordinances, as they shall from time to time deem necessary and proper for the preservation of the public health of said city, and also for the abatement and removal of all and every nuisance in said city, and for compelling the proprietors or owners |