7* '^J* m ?:. F^ •y.. j •k : r<* "C'V? T%7. * A v^P i +li *r r3,JX}QZQ OiD^-O'C 0 ^uZQZQZ&OQ Surgeon General's Office ■XAxm,xtlixM, ^JOH/i h 1 O) HEALTH LAWS OF / NEW-YORK. J0UI6 NEW-YORK: PRINTED B Y JAMES CHEETHAM, NO. 81, PEARL-STREET, 1805, HEALTH LAWS, &c An ACT to provide against infectious and pesti- lential Diseases. Passed 30th March, 1801. I. TJ E it enacted by the People of the State of New- commission. £3 York, represented in Senate and Assembly, HeaW-Office That there shall continue to be a health-office in ^;h*?r£si. the city of New-York, under the superintendance dence- of three commissioners, who shall consist of a health-officer, and of a physician to be styled the resident physician, and one other person; that the health-officer shall reside at Staten-Island, the re- sident physician in the city of New-York, and the other commissioner at or near the marine hospital on Staten-Island or in the city of New-York, as a majority of the said commissioners may deem most proper; that the said commissioners shall be appointed by the person administering the go- vernment of this state by and with the advice and consent of the council of appointment; Provided proviso. however, That the persons now holding and exer- cising the office of commissioners aforesaid, may continue therein until others shall be appointed in their stead.; And provided further, That it shall be Further pro** lawful for the mayor, or in his absence the re- corder of the city of New-York, in case of the death or resignation of any of the said commis- sioners, to appoint a suitable person to supply such A HEALTH LAWS OF NEW-YORK. vacancy, until the sense of the council of appoint- ment shall be declared thereon. vessels sub- II. And be it further enacted, That all vessels tSeofwurTe! arriving in the port of New-York,, from any port, island or other place in the East-Indies, or from any port, island or other place on the coast of Africa, or from any port, island or other place in the Mediterranean, or from any port, island or other place in the South Seas, or from any port, island or other place in the West-Indies, or from any port, Island or other place whatever in Ameri- ca lying on the south of Georgia, or from any port or other place in the Bermuda Islands, at any time in any year, or from any foreign port, place or island whatever, between the last day of May and the last day of October in any year, shall be subject to quarantine of course, and to the exami- nation of the health-officer, under the regulations „ , . herein prescribed ,* and that all vessels arriving in Vessels sub- L • i j ject to quaran- the port of New-York, from any port, island or me 1 expe 1- Qtner pjace m fa United States south of Sandy- Hook, between the first day of June and the first day of October in any year, shall anchor at the place assigned for quarantine, and shall be subject to such regulations as vessels which are to per- form quarantine of course, if on the examination of the health-officer it shall by him be deemed ex- Penaity for pedient; and that any master or commander of a breach of qua- vessel offending- in the premises shall be consider- rantme. o i _ ed as guilty of a misdemeanor, and on conviction thereof shall for each offence be fined by the court having cognizance of the same, in a sum not ex- ceeding two thousand dollars, or be imprisoned for a time not exceeding twelve months. HEALTH LAWS OF NEW-YORK. 5 III. And be it further enacted, That whenever Vessels when " to ue unloaded a vessel shall arrive at the anchoring place for ves- and cleansed, sels at quarantine from a place where a malignant or pestilential fever prevailed, or if during her voy- age any person has died or been sick on board with such fever, the master, owner or consignee shall forthwith upon the requisition and under the direction of the health-officer, whose duty it shall be to make such requisition, cause such vessel to be unloaded, cleansed and purified, and that until then no permit shall be granted for her to proceed to the city of New-York ; and every master, own- ^"^edience er or consignee neglecting or refusing to comply with such requisition of the health-officer, shall be considered guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not ex- ceeding five hundred dollars, or be imprisoned for a time not exceeding six calendar months, by any court having cognizance thereof. IV. And be it further enacted, That whenever ^^^ any vessel shall arrive at the quarantine ground be landed and between the first day of June and the first day of October in any one year, from a place to the south- ward of the latitude of Sandy-Hook, the master or person having the charge of such vessel, shallforth- with upon the requisition of the health-officer cause all the wearing apparel, bedding and every other thing on board likely in the opinion of the health-officer to communicate infection to be land- ed, for the purpose of being cleansed with water or otherwise purified, under the direction of the commissioners of the health-office, by persons to be employed by them ; during which cleansing. 6 HEALTH LAWS OF NEW-YORK. Proviso. they shall, if necessary, furnish any indigent per- son with change of apparel at the expence of the health-office, the same to be afterwards returned to the said commissioners; Provided, That it shall not be,the duty of the commissioners to employ p-r.ii'v for persons to cleanse and purify any part of the car- tiisoocaic.cs. go of any vessel; and that until such requisition shall be complied with, no such vessel shall have a permit to proceed to the city of New-York, and that every master or person having charge of a ves- sel so circumstanced, neglecting or refusing to comply with such requisition, shall be considered guilty of a misdemeanor, and upon conviction thereof be fined in a sum not exceeding two hun- dred dollars, or be imprisoned for a time not ex- ceeding three calendar months by any court hav- ing cognizance thereof. V. And be it further enacted, That it shall be when Gover- lawful for the governor of this state, or in his ab- nor or Mayor , r ^, .A <■» -vt •-- * to designate sence the mayor of the city of New-York, or m to qimiie? tne absence of both of them, the recorder of the said city, from time to time whenever it shall ap- pear adviseable, to issue publicly his order, declar- ing whatever description of vessels, to be therein designated together with the ports, islands or coun- . . . tries whence they come, shall also be subject to /.id stop in- J ' J te.cQu.se. quarantine.; that in like manner it shall be lawful for him to issue his proclamation, prohibiting or regulating the intercourse by land and ferries be- tween the city and county of New-York, and any Penalty for or. other place where he shall learn that a pestilential jcp. m6 x ;ic- or mfectjous disease doth prevail; and that all per- sons offending in the premises, shall be liable to punishment as for a misdemeanor bv fine and im- HEALTH LAW5 OF NEW-YORK. 7 prisonment, at the discretion of the court having cognizance thereof; And moreover, It shall be law- Commission. ful for the said commissioners of the health-office, arTv vesseisus- to cause any vessel subject to quarantine, which, fomVuafS- before she shall have been so visited, examined tine- and reported as aforesaid, shall be brought to an- chor elsewhere in the port of New-York, and all vessels, though not described in this act, or in such order as above mentioned, as vessels subject to quarantine, or having on board a person sick with a disease, which in the judgment of the health-officer there is reason to believe is infec- tious, or having on board articles suspected of containing infectious matter, whether brought from foreign countries, or generated or accumu- lated on board, to be removed to and brought to anchor at the anchoring place for vessels at qua- rantine ; and to cause all persons, articles or things And persons which may have been landed, to be seized and ar- toicfto be™ rested, and to be returned forthwith on board such Ianded> vessel, or removed to the said hospital. And it And to appro shall be further lawful for them to cause all per- eoni^'into5 sons, who shall come into this state contrary to this state ?on- J trary to orders. the prohibitions and regulations in such order or proclamation as aforesaid to be apprehended, and if well to be conveyed out of this state whence they last came, and if sick to be removed to the said hospital. VI. And be it further enacted, That no vessel vessels not to snbject to the examination of the health-officer, ^""how6 shall approach the city of New-York beyond the Peimit>if 1;a- . . . J ble to exami- place assigned for quarantine without a written nation. permit for that purpose from him ; and that the s HEALTH LAWS OF NEW-YORK. master or commander of every such vessel arriving at the city of New-York, shall within twenty-four hours after such arrival, deliver such permit to one of the commissioners of the health-office, re- sident in the said city ; and every master or com- Penaity for mander neglecting or refusing to comply with disobedience. e£ther of these directions, shall for every such offence be- considered guilty of a misdemeanor, and on conviction thereof shall be fined by any court having cognizance thereof in a sum not ex- ceeding two hundred dollars, or be imprisoned for a time not exceeding twelve months. Mow long qua- VII. And be it further enacted, That quaran- tine t0 con- tine shall continue for such time as to the health- commissioners shall seem proper, and no vessel otherwise subject to quarantine shall be exempted therefrom by reason of having previous thereto entered into any of the ports in the United States, . unless such vessel shall have remained in such Duty of pilots Port for fourteen days; and the several branch- touching the pilots and their deputies belonging: to the port of ptemises. x_ ^ o o i JNew-York, shall use their utmost endeavours to hail every vessel coming into the said port from sea, and shall ask and demand of the master or commander of every such vessel, whether he has on board any person or persons labouring under any pestilential or infectious disease, or whether there is on board any cloathing or freight contain- ing pestilential or infectious matter, and whether the sickness, if any, broke out on board or exist- ed amongst the inhabitants of the port from whence the vessel last sailed, and on being answered in the affirmative to any of the said questions, shall HEALTH LAWS OF NEW-YORK. 9 immediately give notice to the master or com- mander of such vessel, that he subject his vessel, crew, passengers and cargo to quarantine, and shall forbid them to proceed further than the an- chorage assigned for. quarantine, and shall direct him to anchor his vessel there, and to remain there until he shall receive further directions from the commissioners of the health office, or in their default from the governor of this state, or in his absence from the mayor or recorder of the afore- said city ; and all such commanders of vessels are Duty of mas. strictly forbid from putting on shore any person ters of VC£Sels- who belonged to or performed the voyage in such vessel, and from unloading or putting on board of any other boat or vessel any person or persons, cloathing, goods, merchandize or freight from or out of his vessel, until direction to that effect shall be given him pursuant to this act; and every penaityon master or commander of any vessel who shall them for de* . . cert or breach give false information relative to.the condition of of orders of his vessel, crew, passengers, .freight or cargo, pu°' when hailed by any pilot, or shall notwithstanding being forbid by such pilot bring his vessel nearer the city than the ground assigned for quarantine, or land anj^ passenger, or unlade any of his cargo, shall be considered as guilty of a misdemeanor, and on conviction thereof shall be fined by the court having cognizance of the same in the sum of two hundred dollars for each offence ; and every passenger or any other person on board such vessel departing therefrom or unlading any of the cargo thereof, without leave first obtained from the commissioners aforesaid, shall be considered as guilty of a misdemeanor, and be punishable, if i 10 HEALTH LAWS OF NEW-YORK. convicted, in like manner as the master and com- mander last mentioned. Penalty on pi- VIII. And be it further enacted, That it shall JfdJ"JSS! be the dutv of every pilot who conducts a vessel into the port of New-York, to take care that no violations of this act are committed by any person orr board, and if any such are committed, and not reported by such pilot to the health-officer as soon as may be, such pilot shall be considered as guilty of a misdemeanor, and shall be fined in a sum not exceeding two hundred dollars; And further, That it shall be the duty of every such pilot, to deliver such printed extracts from this act as shall be entrusted to him by the health-officer for that purpose, to every master of a vessel piloted by him into the port of New-York, and that every pilot for neglecting or refusing so to do, shall be deemed guilty of a misdemeanor and punishable as last aforesaid. Health-officer IX. And be it further enacted, That it shall be search vessels, lawful for the health-officer, and he is hereby au- thorised and required without delay, to enter on board of every vessel coming into the port of New- York under the circumstances aforesaid, and there to make strict search, examination and inquiry as to the health of the officers, seamen and passen- gers, and into the state and condition of the ves- sel, her cargo and contents respectively, and to report his discovery and opinion thereon with all speed to the health-office, for the consideraton of the commissioners of the health-office, and Penaityforob-if any Persor> shall oppose or obstruct the »tructing him. health-officer from performing the duties required of him by this act, he shall be considered as guilty HEALTH LAWS OF NEW-YORK. 11 of a misdemeanor, and shall be fined in a sum not exceeding five hundred dollars. X. And be it further enacted, That if any per-Persons com- son shall go on board or have any communication with vessels at or dealing with any vessel lying at the quarantine, whhout^r- without permission first obtained in writing with "j^S^^f the signature of the health-officer, he shall be con- nor- sidered and adjudged guilty of a misdemeanor, and upon complaint being made by either of the offender how P . . .,. n . r. apprehended commissioners to one ot the justices ot the peace aud punished. for the city and county of £Jew-York, he shall issue a warrant commanding some proper officer to bring the person so complained of forthwith before him, or some other justice of the peace for the city and county of New-York, and the said justice before whom the said offender shall be brought, shall then and there demand of the said offender, that he or she shall enter into recogni- zance with sufficient surety in the sum of one hun, dred dollars, to appear at the next court of gene, ral sessions of the peace, to be holden in the city and county of New-York, to answer unto the said complaint, of which offences the said court is here- by authorised and impowered to take cognizance, and to impose such fines as by them shall be thought proper, not exceeding the sum of two hundred dollars; and if such offender upon being brought before the justice shall neglect or refuse to enter into recognizance as aforesaid, the said justice shall commit him to the common goal of the city and county aforesaid, commanding the keeper thereof to receive and keep the said ofr fender in the said gaol, until he shall enter into recognizance as aforesaid, or be discharged by 12 HEALTH LAWS OF NEW-YORK. due course of law ; and in all cases mentioned in this act, when offenders are required to enter into recognizance, the justices aforesaid shall, if requir- ed, proceed in manner aforesaid. Boats prohi- XI. And be it further enacted, That no boat cases from go- from any outward or inward bound vessel shall rStineg^ound! land at the quarantine ground after sunset, nor shall boats of any description at any time pass through the range of vessels lying at quarantine, and that any person offending against eitherof these directi- ons, shall be considered as guilty of a misdemea- nor and shall be fined in a sum not exceeding fifty dollars. Hcaith-ofiiccr XII. And be it further enacted, That after the vessds'are en said health-officer shall have visited and examined each vessel performing quarantine, it shall be his duty whenever he shall judge the same to be clean, safe and free from infection, to report her to the health-office, that further directions may be given concerning her procedure, and the disposal of whatever freight, cargo or materials she may con- To be furnish, tain ; and for the better performance of this trust, aboat' the health-commissioners shall furnish him at all times when he shall require it, with a convenient boat, with men sufficient to row the same, and for that end it shall be lawful for them to contract And to put with any person for that purpose ; and in order personTon0 tnat tne said health-officer may be more effectually Dtynrcl vessel** i t i t si oath. enabled to make examination whether vessels ought to be subject .to quarantine, it shall be law. ful for him to put all such questions to the persons on board such vessels as shall be needful and pro. per to that end, and the persons to whom such HEALTH LAWS OF NEW-YORK. IS questions shall be put may be required to answer the same on oath, which oath he is hereby autho- rised to administer accordingly, and'every person swearing falsely in the premises shall be liable to the pains and penalties of wilful and corrupt per- jury- XIII. And be it further enacted, That if in the Vessels when judgment of the health-officer or resident physici- an, any vessel arriving in the port of New-York shall require purification, it shall be his duty to direct the time and manner in which such purifi- cation shall take place, and the expences thereof shall be defrayed by the master, commander, own- er or consignee of such vessel; and the master, pet-«ons diso- commander, owner or consignee of every such ^'"^J.^^ vessel for every neglect or refusal to comply with be fined* and to aid in the execution of such direction shall be considered as guilty of a misdemeanor, and on conviction thereof shall be fined by any court hav- ing cognizance of the same, in a sum not exceed- ing one thousand dollars. XIV. Arjd be it further enacted, That if the Commission- master, commander, owner or consignee of any hISai°h-office vessel arriving in the port of New-York, shall ™ ™f"*^ °*r neelect or refuse to remove such vessel to the owner ma>'re- 0 .... move vessels place and in the time required by the commissi- at their ex. oners of the health-office, it shall be the duty of pen the said commissioners and they are hereby im- powered to cause the same to be done at the expence and risque of such master, commander, owner or consignee, and the monies so expended, shall be recoverable by the said commissioners with costs, by an action on the case in their own pames against such master, commander, owner 14 HEALTH LAWS OF NEW-YORK. or consignee, in any court having cognizance thereof. persons sick at XV. And be it further enacted, That every M*[?"?ehre!" person keeping a boarding or lodging house in ported. the city of New-York, between the first day of June and the first day of November in any year, shall within twelve hours after any seafaring man or sojourner shall become sick in such boarding or lodging house, report in writing the name of . , such diseased person to the health-officer; and Persons sick r on board veseis that no master of a vessel or any other person what- not to be re. moved with- ever, shall remove any sick person from any ves- sel lying at any wharf, or in the harbour of the city of New-York, before the name of such sick per- son has been reported to the health-office and a written permit granted for the purpose of such Punishment removal; and that any person neglecting or refus- encef,S°bedi" lnSto comply with either of these directions, shall be considered guilty of a misdemeanor, and be fined in a sum not exceeding one hundred dollars, or be imprisoned for a time not exceeding six months, by any court having cognizance thereof. Cotton hides XVI. And be it further enacted, That no cot- &c. prohibited ton or hides, damaged coffee or damaged peltry, brought into shall be brought into the city of New-York, ce- rtain °hnes* tween the first day of June and the first day of November in any year, and no coffee or peltry whatever within the period aforesaid, unless autho- rised by the commissioners of the health-office after having been examined ; and that if any of the articles aforesaid be brought into the said city in violation of this act, it shall be the duty of the said commissioners, to seize and sell the same and HEALTH LAWS OF NEW-YORK. 15 to apply the neat proceeds thereof, to the use of the health-office. XVII. And be it further enacted, That every .Practitioners person practising physic in the said city, who shall ^Smii"" have a patient labouring under a pestilential or para- infectious disease, shall forthwith make a report in writing to some one of the said commissioners of the health-office, and for neglecting so to do he PenaltJr shall be considered guilty of a misdemeanor and be fined in a sum not exceeding fifty dollars. XVIII. And be it further enacted, That all Persons and persons and things within the city of New-York t^t^Z infected by or tainted with pestilential matter, ™™ bospi- which in the opinion of the commissioners of the health-office ought to be removed from the said city/shall by order of the said commissioners be sent to the marine hospital; Providedalways, That pr&vito. the expences in the said marine hospital of all per- sons who shall at any time be removed thereto from the city of New-York, having gained a legal settlement in the said city, and who shall not have sufficient means to pay for their board, medicine and attendance, shall be deemed to be and shall be borne and paid as part of the contingent expences of the said city. XIX. And be it further enacted, That all per- E*penc« of sons removed to the said marine hospital, other ^2™s^f. than those who have paid hospital money, shall ui how paid. be liable to pay a reasonable sum for their board, medicine and attendance therein ; and if any of them deemed to have sufficient means, shall re- fuse or neglect to pay such sum as they may be reasonably charged with, the same shall be sued 16 HEALTH LAWS OF NEW-YORK. for and recovered from them by the said commis- sioners by an action on the case in their own names. Marine hospi- XX* And be it furthcr enacted, That the hos- hJw'hdT and Pital erected on the easterly part of Staten-Island, shall continue to be denominated the marine hos- pital, and shall, together with the other buildings and improvements made or to, be made thereon, at the discretion of the said commissioners, and the land adjoining the same and belonging to the people of this'state, be holden by the commissi; - oners of the said health-office, in trust for the use ; ofthe people, of this state and the purposes, speci- Anchoring . fied m tnis ac*> and al1 vessels subject tojquaran- piace for ves- tine shall come to anchor as near as mav be to the sels at quaran- m ' ' m J ^ tine. said hospital, which is hereby declared to be the anchoring place for vessels at quarantine ; that Commission- the said health-officer sjiali be physician of; the ruieffo^the said hospital, and the said commissioners of the andtosuPerir- health-office, shall in other respects have the super- tend it. intendance thereof, and employ mates, nurses and attendants, and provide bedding, cloathing, fuel, provisions, medicine and such other matters as shall be requisite therein ; and it shall be lawful for them to make reasonable rules and orders for the government and management ofthe said hos- pital. Penalty for XXI. And be it further enacted, That no per- fhTifneWround son unless authorised by the health-officer, shall tbesaidhospi- go within a line to be designated upon the land belonging to the people of this state round the marine hospital aforesaid by the commissioners of the health-office, and that every person so trans- HEALTH LAWS OF NEW-YORK. 17 gressing shall be considered guilty of a misde- meanor and be fined in a sum not exceeding one hundred dollars, or be imprisoned for a time not exceeding thirty days, by any court having cogni- zance thereof; and that the public highway which A new high- way to be o« passes through the said land shall be within four pened near the months from the time of passing this act stopped same' up by the commissioners of high ways of the town in which such land is situate, and another public highway opened as near as may be convenient, with the approbation of the health-officer. XXII. And be it further enacted, That every Persons dis- diseased person duly landed or sent to the marine SjiS^SK hospital, shall be there kept and maintained until attended* the health-officer shall grant him or her a discharge «» pushed. in writing; and if before obtaining a discharge as aforesaid any snch person shall elope or be absent beyond the line limited and designated as above mentioned, it shall be lawful for the health-officer or any constable or other person whom he shall call to his assistance, and they are hereby enjoined and required to pursue and apprehend the person so eloped or absent, and there again deliver him or her, to be detained until discharged as aforesaid; and any person so eloping or absenting from the marine hospital, or any diseased person in the ma- rine hospital refusiug or neglecting to obey the di- rections of the health officer and the orders and regulations of the commissioners of the health- office, shall be considered as guilty of a misde- meanor, and as such shall be punishable by any court having cognizance thereof. c IS HEALTH LAWS OF NEW-YORK. Expences of XXIII. And be it further enacted,, That the sick seamen at the hospital, master, commander or owner of every vessel, kLne. °r leaving any seaman or sailor belonging to such vessel sick in the said hospital, other than those seamen who pay hospital money, shall pay unto the commissioners such sum or sums of money as have been expended on him or them for their board, attendance and medicine during the time they were in the said hospital, to be sued for and recovered from such master, commander or owner by the said commissioners by an action on the case in their own names. Vessels at qua- XXIV* And be it further enacted, That colours haTa Sgnai designating a vessel subject to quarantine, shall in the shrouds. be fixed in the main shrouds, halfway between the main deck and the topmast of such vessel, and there remain untill the expiration of her quarantine, and that if the master or commander of any such disobedience vessel shall not comply with this direction, or if the master or commander of any vessel not subject to quarantine shall exhibit such signal or continue such signal after being ordered by the health- officer to remove it, he shall forfeit for every such offence the sum of fifty dollars, and the further sum of three dollars for every hour he shall so offend, to be recovered by the commissioners of the health-office with costs in an action of debt in their own names in any court having cognizance thereof. XXV. And be it further enactedi That upon Pilots when to' ^^ 1 ; . i • , -. . . , be removed or complaint being made in writing by one or more bound over to of fa commissioners of the health-office to the wardens of the port of New-York, charging any HEALTH LAWS OF NEW-YORK. IS pilot with neglect or violation of any of the duties herein prescribed or enjoined upon him, it shall be the duty of the said wardens ofthe port forth- with to suspend such pilot from piloting any vessel until he shall have entered into recognizance be- fore one of the justices ofthe peace for the city and county of New-York, in the sum of two hundred dollars with sufficient sureties, to answer to the offence wherewith he is charged, at the next ge- neral sessions of the peace to be held in the city and county of New-York ; which offence the said courtis hereby authorised to try and determine, and to impose such fine as they may deem proper, not exceeding the sum of one hundred and twenty- five dollars ; and it shall be the duty of every pilot Duties of pi- who shall conduct any vessel subject to quarantine |«» ;™Jsct- into the port of New-York, to land immediately J^|^!°?M' at the health-office stairs and to leave at the said health-office in writing subscribed by him the name of such vessel and also the name of her com- mander, and the name ofthe place from which she last came or sailed ; and every pilot neglecting or refusing to perform any of the duties required of Obedience him by this act, or permitting any vessel or boat to therein. come along side of such vessel which such pilot shall have the direction of, or permitting any thing to be thrown into such vessel or boat, shall in ad- dition to the above penalties, forfeit for every such offence the sum of twenty-five dollars, to be re- covered by the commissioners ofthe health-office with costs in an action of debt in their own names in any court haying cognizance thereof. XXVI. And be it further enacted, That it »^n^h« shall be lawful for the said health-officer whenever ed. 2Q HEALTH LAWS OF NEW-YORK. he shall judge it necessary to prevent infection, tq cause any bedding and cloathing arriving in a And medical vessel subject to quarantine to be destroyed; and assistance pro- fa^ ft snaji \)G lawful for the commissioners ofthe cured. . , . . . health-office, when in their opinion it shall be ne- cessary for the public safety, to procure and em* ploy occasionally medical advice and assistance, the expence of which shall be considered and set- tled as part of the contingent expences of the city and county of New-York. Fines and pe- XXVII. And be it further enacted, That all nalties under . this act how fines and penalties imposed and received under this act shall be paid to the said commissioners* to be by them applied towards defraying the ex- pence ofthe health-office. Charges pay- XXVIII. And be it further enacted, That the commission2. said commissioners or either of them are hereby ersof the authorised and required to demand and receive, health-omce, . * by every cap- and in case of neglect or refusal to sue for and re- tain, passeng. ,» . , er and sailor cover m their own names or in the name of either teringSseNew- °*" ^em» witn costs of suit, from the captain or foreiinfpS:a commander of every vessel which shall hereafter enter the port of New-York from any foreign port, the following sums of money, to wit: For each captain or commander or cabin passenger, one dollar and fifty cents; for each steerage passenger seventy-five cents, and for each mate, sailor or mariner seventy-five cents; which several sums shall be demandable ofthe captain or commander pf every such vessel, and on payment thereof eve- ry such captain or commander shall and may law- fully demand and receive from every such person on whose account respectively the same shall have HEALTH LAWS OF NEW-YORK. 21 been paid the monies so paid; and the said mo- How applied. nies so to be received by the said commissioners pr either of them shall be appropriated by them to the use of the health-office, deducting therefrom the sum of two and an half per cent which they are hereby authorised to retain as a compensation for collecting the same. XXIX, And be it further enacted, That the # Compeniatioifc compensation ofthe resident physician, and of to the com- r t -i i i_ i -U m,ssioners of the other commissioner, other than the nealtn- the heaith-of. pfficer, shall be to each of them one thousand fice' dollars per annum, to be paid out of the monies by this act appropriated for compensating the com- missioners ofthe health-office; and that the health- officer shall be entitled to receive as physician to the said hospital, the sum of five hundred dollars per annum to be paid as aforesaid, and also for his services in searching and examining vessels from foreign ports in pursuance of this act, the sum of seven dollars and fifty cents for each vessel so by him examined, to be paid by the master or com- mander ofthe same ; and for visiting coasting ves- sels in pursuance of this act, when subject to qua- rantine, the sum of four dollars for each vessel so visited by him in person, to be paid by the master pr commander thereof; and the health-officer shall also be entitled to receive from the master or com- mander of every vessel arriving in the port of >Jew-York from any port, island or other place in the United States south of Sandy-Hook,, be- tween the first day of June and the first day of October in any year, the sum of four dollars for each vessel above one hundred tons, and the sum 22 HEALTH LAWS OF NEW-YORK. of two dollars for each vessel of or below one hun- dred tons so visited by him, excepting all boats arriving in the harbour of New-York, from any port or harbour on the shores of New-Jersey, between Sandy-Hook and Gape-May, or any part of Long-Island. . . XXX. And be it further enacted, That it shall Commission- ^ er:. to account be the duty of the said commissioners to account annually to . the comp- annually to the comptroller for all monies receiv- ed by them for the use of the health-office, and if the same shall in any one year be more than suffi- cient to defray the expence of executing the trust committed to them, exclusive of such expences as are to be borne and paid as part ofthe contingent charges of the city of New-York, and including the annual compensations herein before granted to the said commissioners, then and in such case the said commissioners shall pay the residue there- Deficiencies °^ *nto me ^easury of this state ; and if at any time in the funds the money received by the said commissioners appropriated J J to their use, should not be sufficient for the purposes aforesaid, it shall be lawful for the person administering the government of this state, upon the application of the said commissioners, to direct the comptroller to issue a warrant to the treasurer to pay to the order of the said commissioners such sum as he may think necessary for the purposes aforesaid, not exceeding in the whole two thousand five hun- dred dollars in any one year. Snfm'kl XXXI. And be it further enacted, That it roils"reut'ive sna** ^e lawful for the said commissioners of the to cleansing health-office or a majority of them as they shall the streets,&c. . ° * J «»•■»*• in New-York. HEALTH LAWS OF NEW-YORK. 23 judge advisable, to make and execute rules and orders for cleansing and scouring the streets, alleys, passages, curtilages, sewers, yards, cellars, vaults, sinks and other places where filth and corruption collect within the said city, and for removing all offensive, noxious or putrid articles or substances which may be stored or otherwise collected with^ in the said city ; and all necessary expences for Exv<.nces^oxr carrying the said rules and orders into effect, where borne- the same relate to the cleansing of such places as are not the property of private individuals, shall be deemed as part of the contingent expences of the said city, and the monies for defraying the same shall be raised in like manner as the other contingent expences of the said city; and where the same shall relate to the cleansing such places as are the property of individuals, such expen- ces shall be paid by the owners or occupiers there- of; Provided, All such rules and orders shall be proviso. reported to and may be suspended or repealed at any time by the person administering the govern- ment Of this State. Trades and XXXII. And be it further enacted, That when- ^ceHnjuH. ever the city of New-York or any part thereof shall 0USJt° heal,h» J J * and becoming be annoyed or rendered foul by any manufactory, nuisances to , ii«" ■> - • be removed. trade, work or business producing noxious vapors or highly offensive smells, or by any place where noxious or putrid substances shall be stored or collected within the said city, it shall be the duty ofthe said commissioners or a majority of them, if in their opinion the public health or that of in- dividuals shall be endangered thereby, to proceed forthwith to such place or places and to make due HEALTH LAWS OF NT.W-Y0RK. inquiry and strict examination respecting the same; and that it shall be lawful for them or either of them whenever it may be necessary, to re- quire the aid or assistance of a justice ofthe peace and constable in making of such inquiry and examination, who are hereby authorised and required to break open, whenever admittance can- not otherwise be obtained, the door or doors of such place where such manufactory, trade, work or business is carried on, producing or affording such noxious vapour or highly offensive smell, or where such offensive substances are deposited ; and if the said commissioners or a majority of them shall judge, any such manufactory, trade, work, busines sor repository to be carried on or kept insuch manner as to be a nuisance,they shall declare it so in writing to the owner thereof or in his ab- sence to such workman, clerk, keeper, or ore of the family as they may then find on the premises, and at the same time shall require the removal, abatement or discontinuance of the said nuisance, as the case may require, within the time to be li- mited in the said writing ; and if on the expirati- on of the said time, the same order shall not have been complied with, it shall be the duty of the Mayor or recorder of the said city, upon repre- sentation thereof to either of them made by the said commissioners, or a majority of them, im- mediately to issue a warrant under the hand and seal ofthe said mayor or recorder, directed to the sheriff of the said city, commanding him forth- with without delay to cause to be removed, abated HEALTH LAWS OF NEW-YORK". 25 Or discontinued such nuisance; and the person to £*r1,7rcrn!'ns . * , liable to atine. whom such declaration and requisition in writing as aforesaid shall be made, shall besides for not complying therewith, be considered as guilty of a misdemeanor, and on complaint being made thereof in writing by any one or more of the said commissioners to any one of the justices of the peace of the said city, it shall be the duty of such justice to bind the person so complained of in a recognizance with sufficient surety in the sum of two hundred dollars, for his appearance at the next general sessions of the peace in the said city, to answer to the said, charge, and on due proof there- of it shall be lawful for the said court to- impose a> fine on the person or persons so offending, in, a sum not exceeding one hundred dollars, out of which fine the expences of removing, abating or causing to be discontinued such nuisance shaft be paid. XXXIII. And be it further enacted, That no-Thfsactnorta thing in this act contained shall be construed t(yjfeccJ™^ interfere with the remedies- against nuisances pres- few. cribed by the common law. XXXIV. And be is further enacted, That all Quarantine vessels having on board any person infected with JT.r/thet any malignant or pestilential fever, or coming from ££"5 Si any place whatsoever infected therewith, shall not sure - corn's into any of the ports or harbours of this state, until they shall have performed quarantine for such time and in such manner as the persons hereinafter mentioned shall think proper to direct, to wit: Fcr the cities of Albany and Hudson,. . and-upon Hudson's river opposite to the said cl ties, and within one mile above or below the same. s? 2& HEALTH LAWS OF NEW-YORK. the person administering the government of this state, and in his absence from the said cities res- pectively the mayor, and in his absence the recor- der of the said cities respectively ; and for any town in this state, bordering or lying upon any port or harbour of this state, and upon the wTaters opposite to the same towns, any two or more jus- Breaehes tices of the peace residing therein ; and if any per- punished. son subject to'quarantine as aforesaid shall violate any ofthe regulations to be prescribed respecting the same as aforesaid, he shall be considered guil- ty of a misdemeanor and shall be fined by an)' court having cognizance thereof, in a sum not ex- ceeding five hundred dollars. Measures to XXXV. And be it further enacted, That it ? rain« the in" snau De lawful for the said persons hereby autho- mSousVsf rised t0 execute this act in the said cities of Alba. eases m this ny and Hudson, and for any two or more justices ofthe peace in any town in this state, to take effec- tual measures to prevent the introduction and spreading of any infectious distemper, into any part of this state, and for that purpose to stop, de- tain and examine any person coming from any place infected with any such malignant or pestilen- tial fever, and if there shall be good cause to sus- pect any person to be infected therewith, it shall be lawful for the several persons aforesaid, to cause every such person to be sent out of this state, not being an inhabitant thereof, or kept in such place as will not expose the inhabitants of the same to take such distemper; And further, To appoint and authorise such and so many persons to aid in the execution of their powers aforesaid, as they shall respectively deem proper. HEALTH LAWS OF NEW-YORK, 27 XXXVI. And be it further enacted, That it ^he Ph>'si- J 7 cian to be ap- shall be lawful for the person administering: the pointed for a. r . . l . , • i , , . bmyandHud- government of this state, by and with the advice son. and consent of the council of appointment, to ap- point a physician in each of the cities of Albany and Hudson, to assist in carrying into effect the provisions contained in the two preceding sections of this act, and such physician who shall examine any vessel coming from a foreign port shall be en* titled to receive from the com mander thereof, the sum of seven dollars and fifty cents* EXTRACTS FROM An ACT to invest the Mayor, Aldermen, and Com, monalty of the city of New-York, with adequate Powers in Relation to certain Objects of Impor. lance to the Police and Health of the said City. Passed April 2d, 1803. 'HEREAS the general welfare ofthe state is connected with the safety and health ofthe city of New-York, which has been visited by desr tructive and epidemic disease, the causes of which, as far as human wisdom can discover, ought to be removed, and such measures adopted as, by divine favour, may prevent the return of that fatal malady. And whereas, it is represented to the legislature, that noxious exhalations from sunken and damp lots of ground, deep damp cellars, narrow and con- fined streets, foul and ill-constructed sinks, and privies unfinished, water-lots, foul slips, putrid or unsound provisions, and other evils of a similar nature, together with the practice of interring the dead in the heat pf summer in improper places, w HEALTH LAWS OF NEW-YORK- and without due precautions, are among the caus- es, to which the existence or malignity Of that disease may he in a great measure attributed: Therefore, to remove the said evils. I. Beit enacted by the People ofthe State of New-York, represented in Senate and Assembly, That the mayor, aldermen and commonalty of the said city, in common council convened, shall have full power and authority to make and pass puch bye-laws and ordinances as they shall from time to time deem necessary and proper for the filling up, draining and regulating of any grounds, yards or cellars within the said city, that may be sunken, damp, or unwholesome, or which they may deem proper to fill up, drain, raise, lower or regulate ; and also, for causing all such lots of ground in the said city, adjoining to Hudson's river or to the East river or Sound, as they may from time to time think proper, to be filled up with wholesome earth, pr other solid materials, so far into the said rivers respectively as they shall from time to time deem expedient for pro- moting the health of the said city ; and for com- pelling the proprietors of such lots to make suita- ble bulk-heads on, adjoining or opposite to such lots, and to raise and fill up the same with such materials and in such manner and within such times as the said mayor, aldermen and common- alty shall from time to time direct; and also for filling up, altering and amending of all public slips in the said city, at such times and in such manner as they may deem proper ; and for filling Up or altering and amending all sinks and privies within the said city, and for directing the mode of con- HEALTH LAWS OF NEW-YORK. sti ucting them in future, and for causing subter- raneous drains to be made from the same, where they may think it necessary; and for regulating or if they find it necessary preventing the inter- ment of the dead within the said city; and for the better regulating of boarding-houses and taverns in the said city, and the preventing the resort of crowds of disorderly persons to them; and for preventing the digging or turning up of made ground or grounds formerly covered with water, during the summer months without their permis- sion. II. And be it further enacted, That such pe- nalties may be contained in such bye-laws or or- dinances as the said mayor, aldermen and com- manalty, shall or may from time to time think proper, in order to enforce a prompt and punc- tual compliance with the same, and for the pun- ishment of all offenders in the premises, not ex* ceeding one hundred dollars for each offence. III. And be it further enacted, That it shall and may be lawful for the said mayor, aldermen and commonalty, in common council convened, to to appoint one or more persons as inspectors of lots in the said city, who shall have power at all times between sun rise and sun set, to enter into any cellar, lot of ground or building of any kind, and to examine the state thereof, and to report the same to the common council, whenever he or they shall judge that the health ofthe city may re- quire any alterations or regulations therein. V. And be it further enacted, That it shall and may be lawful for the said mayor, aldermen and commonalty, in all cases where they may deem HEALTH LAWS OF NEW-YORK. It necessary, for the more speedy execution ofthe said bye-laws and ordinances, or any of them, to cause all such works as may be necessary for any ofthe purposes aforesaid, or any part thereof, to be executed and done at their own expense, on account of the persons respectively upon whom the same may be assessed, and shall have full pow- or and are hereby authorized to levy the same, with lawful interest, and all reasonable costs and expenses attending such proceedings by distress and sale of the goods and chattels ofthe proprietors or occupants ofthe property upon or by reason of which any such sum shall have been assessed, or to recover the amount of every such expense, by action of debt, in any court of record, from the persons respectively on whose account the same shall have been incurred, their respective heirs, executors or administrators, in all which actions they shall also recover lawful interest upon the said amount, with full costs of suit. VI. And be it further enacted ,That the amount of every such expense which the said mayor, al- dermen and commonalty shall pay as aforesaid on account of others, shall be a real incumbrance upon the houses and lots in respect to which such assess- ments as aforesaid shall have been made, and shall bear lawful interest until paid, and that the same may be recovered, or the payment thereof, with costs, enforced in like manner as if the said houses and lots were mortgaged to the said mayor, aldermen aud commonalty, for the pavment thereof. VII. And be it further enacted, That when- ever any person shall die in the city of New-York, HEALTH LAWS OF NEW-YORK. 31 the physician or surgeon who shall have attended such person, as a physician or surgeon, during his or her last sickness, shall leave a note in writ- ing, signed with his name, with some one ofthe family in the house where such person shall have died, specifying the name and apparent age ofthe deceased, and the disease of which he or she shall have died; and every physician or surgeon refu- sing or neglecting to make and deliver such note, shall forfeit the sum of five dollars; and that no sexton of any church, or other person having charge of any cemetery-, vault or burying ground in the said city, shall permit any dead body to be interred therein until he has received such note, in writing, so signed as aforesaid; or in case no physician or surgeon shall have attended such de- ceased person, or the physician or surgeon who did attend shall have neglected or refused to leave such note, then a like note signed by some of the family in which such person shall have died, the contents of which note in writing, shall be en- tered by such sexton on a blank schedule, to be furnished by the clerk of the city and county aforesaid, and delivered together with the said schedule, on the Saturday in every week, to the said clerk for publication in such form as may be designated by any present or future ordinance of the mayor, aldermen and commonalty of the city of New-York: and that every sexton, or other person having charge of any place of interment, neglecting or refusing to perform any ofthe duties required by this act, shall forfeit the sum of twen- ty-five dollars. 32 HEALTH tAW'i 01 NLW-Y0RK. VIII. And be it further enacted, That every practitioner of physic in the said city, shall when- ever called on for that purpose, by the mayor, or in his absence by the recorder, give his opinion in writing as to the existence of any infectious or con- tagious disease in the said city ; and that the said mayor may, when thereunto required, if such opi- nion will in his opinion warrant it, deliver certifi- cates under his seal of office, to masters of vessels sailing from the said city, stating the general health of the said city. XII. And be it further enacted, That whene- ver any putrid or unsound beef, pork, fish, hides or skins of any kind shall be found within the said city, it shall be lawful for the said mayor, alder- men and commonalty, or any one ofthe inspectors of those articles or any of them, or any person or persons acting under them, or any of them, to cause the same to be destroyed, by starting it or casting them into the stream of either of the said rivers, below low water mark, and at a suitable distance from the shore, or in such other manner as the said mayor, aldermen and commonaltyf shall from time to time direct. XIII. And be it further enacted, That Cotton ill bales, which is the produce of North-Carolina, South-Carolina and Georgia, shall and may be brought into the city of New-York at all times. Provided nevertheless, That the commissioners of the Health-office shall be and they are hereby au- thorised to order and direct all such cotton as may be brought to said city between the first day of June and the iirst day of November, tobe landed- HEALTH LAWS OF NEW-YORK. 33 and stored in such part of the city as will in their judgment be least injurious to health, any law to the contrary notwithstanding. XVIII. And be it further enacted, That if any person shall be sued for any thing done in pursu- ance of this act, it shall be lawful for such person to plead the general issue, and to give this act and the special matter in evidence. XIX. And be it further enacted, That this act shall be considered as a public act, and be liber- ally expounded and construed to advance the ends thereof, and enable the said mayor, aldermen and commonalty to promote the health and improve die police of the said city. An ACT Supplementary to an Act, entitled " An act to provide against infectious and pestilential Diseases." Passed February 28th, 1804. T> E it enacted by the People ofthe State of -*-* New-York, represented in Senate and As- sembly, That every vessel arriving at the quaran- tine ground between the first day of June and the first day of October, in any one year, from a place where a malignant or pestilential fever prevailed at the time of her departure from such place, or if during her voyage any person has died or been sick on board with such fever, shall not be per- mitted within the period aforesaid to approach nearer to the city of New-York than the said qua- rantine ground, except such vessel be bound to i HEALTH LAWS OF NEW-YORK. a place eastward ofthe said city and beyond the state, when in such case she may be permitted to proceed onward through the sound without com- ing to anchor near the said city, or holding any intercourse with it; and that no person arriving in such or any other vessel at the quarantine ground shall proceed to the city of New-York, nor shall any part ofthe cargoes of such vessels be convey- ed to the city of New-York, without a permit in writing from the health-officer; and that any master or commander of a vessel, passenger or seaman* or any other person offending in the premises, shall be considered guilty of a misdemeanor, and on conviction thereof, shall for each offence be fined in a sum not exceeding two thousand dollars, to be applied to the use ofthe marine hospital, or be imprisoned for a time not exceeding three years, by an)- court having cognizance thereof. II. And be it further^enacted, That no ships or vessels which shall arrive in the port of New- York, from any place in the West-Indies, in South-America, in the United States southward of Savannah in Georgia, in the river Mississippi, in the Mediterranean, in Africa, or the islands thereof, or in Asia, (except in Canton and Calcut- ta) or the inlands thereof, between the first day of June and the first day of October, in any one year, shall within that period, and after having been ex- amined and permitted to proceed by the health- officer, approach within three hundred yards of that part of the island of New-York which lies southward of a line drawn from the house owned and occupied by William Bayard on the Nordi HEALTH LAWS Op NEW-YORK, river, and Stuyvesant's dock upon the East river :, But nevertheless, if such ships or vessels coming at anchor within three hundred yards of the said city of New-York, the owner or consignees of such vessel choosing to discharge the whole or any part of said cargo, if such part of her cargo be proper and sound, the same may be unloaded or discharged by boats or lighters subject to the regu- lations of the commissioners of the health-office, and the said vessel or vessels being unloaded of her or their cargoes, shall then be under the order and regulations of the office aforesaid, as it itres pects appointing proper places for cleansing and repairing; and that every master, commander, owner or consignee of a vessel concerned in vio- lating this direction, shall be considered guilty of a misdemeanor, and shall upon conviction be sub- ject to the same pains, penalties and fines, to be imposed and applied as aforesaid, III. And be it further enacted, That no salted provisions shall be packed or repacked at any sea- son of the year, in that part of the city of New- York lying to the southward of a line drawn from the outlet of Lispenard's meadow, and thence fol- lowing the course of the canal until it interects Grand-street, and thence through Grand-street to where it intersects Ferry-street, then down I\erry- street to the East-river; and that from the first day of May to the first day of October, in any one year, no salted or pickled beef, or fish in barrels or half barrels, except smoaked beef and fish, shall be deposited within the above limits, except such as shall be exposed for sale by butchers in the HEALTH LAWS OF NEW-YORK. public markets, or shall be kept by the heads of families for the use of their respective families ; and that every person offending in the premises shall be considered guilty of a misdemeanor, and upon conviction thereof, shall be fined for each of- fence in a sum not exceeding five hundred dollars, or be imprisoned for a time not exceeding six months, by any court having cognizance thereof. IV. And be it further enacted, That it shall be lawful for the comptroller to issue his warrant on the treasurer in favor ofthe commissioners ofthe health-office for two thousand five hundred dollars, for which sum the said commissioners of the health-office shall be accountable, and render to the comptroller accounts and sufficient vouchers for the expenditure thereof, to be applied by them to satisfy all demands which have occured against them for the last year, and to cause to be made such repairs and improvements as may be neces- sary in the wharves, fences and buildings, at the quarantine ground. V. And be it further enacted, That all cotton in bales which is the produce of any part of the United States, or the territories thereunto belong- ing, shall and may be brought into that part of the city of New-York north of a line commencing at the outlet of Lispenard's meadow, and thence in a line to Ferry-street, at or near Corlear's hook, on the East river, between the first day of June and the first day of November, in any one vear, any law to the contrary notwithstanding. HEALTH LAWS OF NEW-YORK. 37 An ACT relative to the Public Health, in the eity of New-York. Passed 9th March, 1805. j T% E it enacted by the people ofthe State of New- York, represented in Senate and Assembly, That the powers granted in and by the thirty.first and thirty-second sections of the act, entitled " An act to provide against infectious and pestilential diseases," to the commissioners of the Health- office, be and hereby are transferred to the mayor, aldermen and commonalty of the city of New- York, and that the said mayor, aldermen and commonalty shall have power in their discretion, to remove or order the removal of all persons and things within the said city, infected by or tainted with pestilential matter, to such place or places as may in their opinion, most conduce to the preser- vation ofthe health ofthe said city, and that such penalties may be contained in such bye-laws or ordinances, relative to the powers hereby granted, as the said mayor, aldermen and commonalty, shall from time to time judge proper, in order to enforce a prompt and punctual compliance with the same, and for the punishment of all offenders in the premises, not exceeding one hundred dol- lars for each offence. II. And be it further enacted, That it shalj and may be lawful for the said mayor, aldermen and commonalty, to institute from time to time a board of health for the said city, consisting of the commissioners ofthe health, office and such other 38 HEALTH LAWS OF NEW-YORK. persons as they may think proper, and to invest the said board with such of the powers ofthe said mayor, aldermen and commonalty, in relation to the public health, as they may judge proper, and to enforce a compliance with the orders of said board, by the infliction of penalties, not exceeding one thousand dollars, for each offence. III. And whereas doubts may exist whether vessels described in the second section of the act, supplementary to an act, entitled " An act to pro. vide against infectious and pestilential diseases," may not be permitted after being discharged of their cargoes, to approach within three hundred yards ofthe island of New. York : therefore, Be it further enacted, That such permission shall not, in any case, be granted. IV. And be it further enacted, That it shall be in the power of the mayor of the said city, or of the board of health, to order to the quarantine ground or some other place of safety, any vessel or vessels at the wharves, or in the vicinity of the said city, which he or they may deem prejudicial to the public health; and in case any master, owner or consignee of such vessel, shall refuse or neglect to obey such orders, the person so offending shall be considered guilty of a misdemeanor, and shal1 be fined in a sum not exceeding one thousand dol- lars, or imprisoned for a term not exceeding twelve months, in such case; and also, in case the mas- ter, owner or consignee cannot be found, the mayor of the city of New-York, or the board of health, shall have power to remove as aforesaid, HEALTH LAWS OF NEW-YORK. 39 such vessel or vessels, at the expence ofthe mas- ter, owner or consignee. V. And be it further enacted, That if any sur- plus money shall, in future, remain in the hands of the commissioners of the Health-office after each annual accounting with the Comptroller of the state, the same shall be paid to the board of health of the said city, to be by them applied to promote the objects of that institution. A LAW for the establishment of a Board of Health. HEREAS by an act of the legislature of this state, entitled " An act relative to the public health of the city of New-York" passed the ninth day of March, 1805, the mayor, aldermen and commonalty of said city, are empowered to institute from time to time, a board of health for the said city, consisting of the commissioners of the health-office, and such other persons as they ma)r think proper, and to invest the said board with such of the said powers of the said mayor? aldermen and commonalty, in relation to the pub- lic health, as they may judge proper, and to enforce compliance with the orders of the said board, by the infliction of penalties, not exceeding one thou- sand dollars, for each offence : therefore, I. Be it ordained by the Mayor, Aldermen and Commonalty of the city of Neiv- York, in Common Council convened, That a board of health shall be and is hereby instituted to consist of the commission- ers ofthe health-office, and ofthe mayor, recorder and aldermen of the city, who shall assemble at w HEALTH LAWS OF NEW-YORK. such time and place and as often as they may judge proper, to superintend and carry into effect all laws and ordinances of this state and of the com- mon council, which at present exist or may here- after be passed, providing against infectious and pestilential diseases, or which relate to the public health of this city. And the said board are here- by invested with all the powers of the said mayor, aldermen and commonalty of the city, which re- gard the public health of said city, to be by them exercised in such manner as, in their judgment and discretion, may best promote the important objects for which the said board is instituted, and that any five of the said board shall be a quorum to trans- act business. II. And be it further ordained, That the said board of health shall make diligent enquiry with respect to all nuisances that may exist, and which they may deem obnoxious to the health and lives of the inhabitants of this city, and shall have full power to order the removal of the same at their discretion, under the several penalties in such cases made and provided. III. And be it further ordained, That the said board of health may provide or erect a suitable office for their accommodation, on the public ground or else where, and during the existence of any epidemical disease, or upon its probable approach, shall have power at the public expence, to open the hospital at Bellevue, for the accommo- dation ofthe sick, and to make such rules and re- 41 gulations for their reception, and also to determine what persons shall be entitled to admission, as they may think proper 5 and moreover, that the said board of health, during the existence of any epide- mic, shall have power to furnish and employ physi- cians, nurses, medicines, and other necessaries, not only for the use of the sick who shall have been re- moved into the said hospital, but also for the use of the sick and indigent of the city. 4. And be it further ordained, That the said board of health shall have power in their discretion to remove or order the removal of all persons and things within the said city, infected by or tainted with pestilential matter, to such place or places as may in their opinion most conduce to the preserva- tion of the health of this city, and in order to en- force a prompt and punctual compliance with the said order, all offenders in the premises shall be subject to a penalty not exceeding one hundred dollars for each offence. 5. And be it further ordained. That it shall be the duty of the city inspector and his assistant, to attend the meetings of the board of health, and to be subject to such instructions as may be given to them in relation to nuisances, and to execute the se- veral resolutions and orders of the said board. 6. And be it further ordained, That the first, •econd and third sections of the law " For the esta- blishment of a board of health, and for the appoint- ment of a city inspector," be and are hereby re- pealed. 1* e-pinTi »■; m eJ o?1b hn;; «[:'iqeooT 'fibril i^t ?.no\Uihy.t \5di £B ■ 'l-ri:; o .' inil« <-<■>«;•-••. oq ^t'// htr* 9flJ .thill ,'i^709"".. i i-na ; ■iL.'tj'nq :I .i.il vein -y'i;y ^:iii Vj von'j^i::': eri) gnrmb »rfjf-- »d k) l.-:j;cd -Wide V'"!q.v;9 i" ■,■;-; n . J/i'i^> oi Tv> ' '"'j a/j::.i ''":!•.: t';iiT Jon t-3 .Ki^.'j'j'ju led-o j.'lb ,i"j(bj:')t;in /:, i;;ri ,nr,:;.) -31 ri'j:: i a/fid llsria c:.:,.v ;b:a odl 'iw oa;; ori, -;o'i vino *io 08U c;;J icl o-.ir; J;;d Jsjiqfcoil )>:« yi:< oJfii jrjvo:!! .yib e:Jl 'lo J^ih.'ii hi;: ;bb ., :.t bb2 Of': i£:fT • r/sd h .{v. ihhj'j,: h bicod b,:s r.Of/r^q !!b 'io is/;, rruri -Jo •!;> rj/orn'r: oJ lvjifi! ;i 'io ^d b9io'jh.i ,.\ b) bisa 'ji\i niiib; ;j.gf.-;\-!j rs c')o;;:q io aosiq ibna (,; tr..itl;:::i L;iv: • I I ■ .; lijiv.' -J5'.".3ii0iq o;lJ ot soul ;;o jcOiti no!ui 9c! {j*;.'.i kj.-i;U9iq y:!i m b't^hbiio [!•; .v :/;■•-> hi,.- !;'j:!.i:7)i 9no ^nibj-j;. j ion vl:r.:nq ,n r ■ ; !')oj:!j2 .•'ic;r;r>K(» ibi1 > m' *;b.ib> ©d If.3d?, ir Ir-.i.'T b.;) tjAVu-\_ b vb \ ;\u .C ot eit.i.-;<:ibi;fi b.i hi/: ',1 :•. —-Ail v!i-> on) '..■> viuh ed; ci hi.*: f'I).i.'.;;l lo Lv:od o:ll In rr-f}\) ">/fi *:>} bnoirr: OJ novh 'X! vrVfi J:S ^:;)b>;.nl-Jh ii-jiM ol io^l-Uiz 0C1 -e? -..J ohj .-jze i-J bii/j - v?:;n;.;;;:; oi i;.--iJsio-; «i fn^ti; .bir:;;J ):.':;;■: odr'io 2*i '-frr-. hnn ; ,■,•«,•;;-[j,--,-! !.»r.-j7 ^,^3 9m1 -io^ »3 -.;;" 9i.H ;•> ?fi-;iijoa Ijw.Ij !.;i:;^ I r/-,c>f.« -Juioqqij trlJ iu' I-ub tei! ?ed 'la I .cjd i;'u» ?'- .n, '-;[d -01 YOt.odyifi bns s.: "c'lo^jo.^ni y.J!-> iJ 'i) iu-j:n ' *'?;/!<: —— • t>'J3 (.i.'.TM'oH x '• • j.t.i :;H ! ,iB r f ' .'.;Ml"JJs p'-ij , 1 ,;J1ii__--- j -rirj'IHJJjJ Oi Jr>-i.TTii:-.; ,V"J;;j>0 ;.;>-3'. ib! kt.tahH h > c;.'of[ ..I: tvJ' rf f ! 3(t. i1 (ti bus ,!rii',.''V * .oifT.;i j ■ . Avio v..rrt-— •0';:i :4.'i;..i vsi;i Vj.'.i <.3 O0i»'.:; } ...,:....,[ Jaunti vci -----. t.r. A ">•■"«' AFRICA, vessels arriving j from, between the Slst May, j and 31st October, subject to' quarantine of course, page 4. -. ,; ■'• vessels arriving from, shall not, after being permit- ted to leave quarantine ground, approach within 500 yards of the city, between 1st June and 1st October, 34. »^ ( America, vessels arriving between the 31st May and 3tst October, from any port of place in, south of Georgia, subject to quarantine of course, 4>. ---- such vessels so ar- riving between 1st June and 1st October, shall not, after being: permitted to leave quarantine, approach within 300 yards of the city, 34; Anchoring place for ves- sels at quarantine, near tht Marine- Hospital at Staten Island, 16. ■ ..mjuw v ! ArrA*Kiy See Wia«ik« sApparel. . ^ AsiAy no^^ssel arriving from ' any* port 'or ■ place' rihy (except ftcWh Canton and Cal- cutta,) -shall, after'-being per- mitted* to l#ave; ■ quarantine,'' approach within 300 yards of this city, 34* ^<- -:' il ------■■-■ ;;,'>.f—i-----U—i----------* '.'■;iieii*J."> . >-JJ iCiSH) , Z ________________________________■ ' . ■ . .'■•■:_______________________________> Bedding shalfbe cleansed - upon the requisition; of the' Health Officer, under- 200* dollars, orr3 months impri- sonment, 5.'J" - » - ■»"' V'M* ---- shall" be destroyed, ; when he Shall deem it neces- * sary, to prevent infection, 20. \ Beef, whew found in a pu- J trid or unsound state, shall be ' started into the river, 22. - ----no pickled-orof the,c>ity, which i»e may.s_eef*t prejudicial to the faufeiis health, -35* . - ,zt-.. i ;i Mes^terrasEkafi, vessels arriving from the, (Jbetw«*esi 3i$t M.ay, and 3is* OcUaher, subject; to quarantine, shaH%hiak!e;'ru1es "for ite-^Over«me««!,- anid'provide necessaries v &&' 3 &." : - ——^ persons' going within the line roilnd !fhei'may be fined 100 dollarsv or impri- soned 30;day^ 716, 17. »• ——— diseased personselop-' ing from the, how apprehend- ed, and punished, 17. T -___ _je.rson.s_ removed to the, who have-not paid hospi- tal money, shall, if able, pay a reasonable sum for their board and medicine, 1.5. —— expences of sick sea- men, at the, how borne, IS. Mayor may, in case of the death, or "resignation of any of the Commissioners of the Health Office, appoint one pro. tern. 3. ( ■ .I may,' in the absence of the governor, designate by. proclamation what vessels shall be subject to quaran- tine, and prohibit or regulate Vi the cargo without leave, fbr-i fcii 300 dollars, 9. i Peltry, brought into New- York, between 1st June, and 1st November, without a per- mit from the Health Com- missioners, -shaH be sold _br the use of the Health Office, 14. Pilots, the duty of, with respect to vessels coming in from sea, 8. —— shall mfbrra the Heakh Officer of all Abla- tions of the Heakh l_aws, committed by persons on board, under 209 dollars, 10. ---- shall deliver to mas- ters of vessels such printed extracts from the health laws, as the health officer shall en- trust to them, under 200 dollars* 10. —'■—■' shall, upon complaint ©r one or more of the Health Commissioners, be bound over and -tried, 13.---- —— conducting vessels, subject to quarantine, jdjajj leave aj. the Healjth Office, in writing, the name of- ^»9b vessel, pommat)|der_&cujjl_d_er 25 dollars, 19. Pork, when found putrid or unsound shall btt started into thus, river, &r Privies, Lh« common poun- cilj pr bj__j_J of ixeallh, jnay fill up, alter or amend, and also direct the mode of con- ■_racting-4hem in future rapr P*ov_sk)Ns, * saked, -Shall r«xt be packed or repacked to the «oi_thw«rd ©f Uspenard1* Drteh tmd Grand-street, u»-. der 500 dollars, Or six month* imprisonment, 3s. Q_vAttA_rt,i»}£, what vessels -shall be subject td,. 4, 6, 7. ----vessels snail continue so Jong at the, as the -health commissioners, shall see fit, 8. _____\ . ..... —^ persons eojBrmpn&eat- ing with vpsspls at,, witheul permission,, M&Qect tp a gljf of 200 dollars, }}* = —^ how regulated in ib* other ports and harbours of this state, 25. . .« —^persons coming*& -the city, ftom ;any jyessej at, of bringing ,up goods from §«eJ* vessel, without a permit. fwhr jept to 2.QQO dollars, .or three years imprisonment, #4, Sett Boats and Vessels- R './>:. il Recorder, in the absence of the mayor, may, in case of the death or resignation of one of the health conifuis- sioners, make a temporary appointment, 9. ----may, in the absence ' of the Governbr and Mayor* \ designate by proclamation, i what vessels shall be subject to quarantine^' and prohibit or regulate the intercourse bf .land and ferriesbetweenJN"ew-» ^ York and suspected places. 6. VII S Sextons, shall inter no corpse, without a certificate of the disease, 31. >----shall make weekly return of their interments, ib. Sick, lodgers in Boarding Houses, between 1st June and 1st November, must be re- ported by the keepers of such houses to the Health Office, within 12 hours after their becoming so, under 100 dol- lars, or six months imprison- ment, 14, ----persons shall not be removed from any vessel, without permit, under ICO dollars, ib. , Sinks. See Privies. Skins, when found putrid or unsound shall be destroy- ed, 32. Tavern-keepers. See Boarding Houses Trades becoming nuis- ances, or injurious to health, how removed, 23 and 37. __ Vessels arriving from the East or West Indies, the Me- diterranean, Africa, South Seas, or any place in America, south of Georgia, subject to quarantine of course, 4. . ■ arriving from any ot! the above places, or from ports in Asia, except Canton and . Calcutta, shall not, after being , permitted to proceed from the '. quarantine, approach within 300 yards of the city between ; 3 1st May and 31st October, 34. ----arriving from any port in the United States, south of Sandy Hook, between 1st of June and 1st of October, shall anchor at the quarantine ground and be subject to the directions of the Health Offi- cer, under 2000 dollars, or 12 month's imprisonment, 4. ----. arriving from an in- fected place, or having sick with fever on board, during the voyage, shall be unladed and purified at the quarantine ground, under 500 dollars, or 6 months imprisonment, 5. ----of the above descrip- tion, shall not, between 1st June and 1st October, ap- proach nearer to the city than 300 yards, except she be bound through the sound beyond the limits of this State, 34. ----commanders of, shall, upon the requisition of the health officer, . cause all bed- ding and wearing apparel to be cleansed and purified, un- der a sum not exceeding 200 dollars, or three months im- prisonment, 5, 6. ----if liable to examina- tion, shall not approach the Vlll city, beyond the place assign- ed for quarantine, without a permit, under 200 dollars, or 12 months imprisonment, 8. __— if otherwise subject to quarantine, shall not be ex- empt from it, for having pre- viously entered any port in the United States, unless they have remained in such port fourteen days, 8. ----commanders of, giv- ing false information to pilots, respecting the state of their vessels, crew, passengers, Sec. coming up further than the quarantine, or landing goods and passengers, without per- mission, forfeit 200 dollars, __— owners and com- manders of, not purifying them, when directed by the health officer or resident phy- sician, severally liable to a fine of 1000 dollars, 13. ---- at quarantine, shall have a signal in the shrouds, tinder 50 dollars, 18. .----fees to be paid by the j owners or commanders of, •' to the health officer, 21. ----shall, upon the orders of the Mayor, or the Board of Health, be removed from i any wharf, or the vicinity of! the city, to the quarantine ground, "or other place of safety, 38. —___ when the owners, commanders, or consignees jof, cannot be found, are liable to a fine of 1000 dollars, or 12 months imprisonment, and the vessels shall be removed at their expence, 38. -------------------.—;— w v\ earing Apparel, when to be be cleansed and purified at the quarantine ground, 5. ----. indigent people shall be supplied with, while their own is cleansing, 6. West-Indies, vessels ar- riving from the, between the 31st of May and 31st of Oc- tober, subject to quarantine of course, 4. ----shall not, between 1st June and 1st October, after being permitted to leave the quarantine ground, approach within 300 yards of the cit y 34. Y Yards, may be raised, lowered, or regulated by the common council or board of health, 28. MEMBERS OF THE BOARD OF HEALTH, 1805. The Hon. De Witt Clinton, Mayor, Maturine Livingston, Reeorder, Wynant Van Zandt, ^>V ■' :-r> _/"v x~ /' ^; '\ ;•