UNITED STATES OF AMERICA ** . . FOUNDED 1836 WASHINGTON, D. C. B19574 491973�0 /Df'. * An ACT for eflabliflnng an Health-office, for other wife je curing the city and port of Philadelphia from the introduction of pef- tikntial and contagious difeafes, and for re- gulating the importation of German and other pafjengers. WHEREAS the laws for preventing pef- tilential and infedious difeafes being brought into this commonwealth have proved de- fedive, and the increafing intercourfe between the United States, and foreign countries renders it neceffary to provide as well for the etlabliffiment of an efficient Health Office, as for otherwife more eifedually fecuring the port and city of Philadel- phia from the introdudion of peftilential and contagious difeafes, and regulating the importa- tion of German and other paffengers. Sed. i. Be it enatted by the Senate and Houfe of Reprefentatives of the Commonwealth of Pennfylvania, in General Jffembly met, and it is hereby enabled by the authority of the fame, That the meffuage, tens- lff& ments and lot of ground, fituate and being on the nunl1 ifland in the river Delaware commonly called State- Ifland, which have heretofore been referved, oc- cupied, and employed for the purpofe of a pub- lic hofpital, or pelt houfe, ffiall be, and the fame are hereby ereded and eftabliffied into an Health Office for the port of Philadelphia. And the In- fpedors of the faid Health Office hereinafter men- tioned ffiall caufe the faid meffuage, tenements and lot of ground, and fuch other buildings as they ffiall at any time deem it expedient, for the ufes herein prefcribed, to ered and build on the faid lot, to be in fuch form and manner conftruded, contrived., [ 2 ] A Refident FayricJan, Con- futing Phy- i" Lu^and tvraith-officer,. to be appointed by the Gover- nor ; a Steward, Matron, Afiift- a^tsand TJufes, bv the Iniped- f- •''■•J.int i.iy- fuiwi. To attend tlie H')i'i'ii..il, and vifit sll vell'els. Proceeding,. wlare die vef- fc:s aio- wliole- lbmc. contrived, arranged, keptand difpofed of, as ffiall molt effedually provide for the comfort, relief and fecurity of the fick perfons who may be lawfully fent, removed to, or placed in the faid Health Office, for fmoking, cleanfing and purifying fuch goods, wares, merchandize and cloathing infeded, or fufpeded to be infeded, as may for that pur- pofe be there landed and delivered. And for ac- comodating the feveral officers of the faid Health Office, according to their refpedive ftations there- in, and that the bufinefs of the faid Health Office may be well and certainly conduded, there ffiall be appointed by the Governor a Refident Phyfi- cian, a Confulting Phyfician, and an Health Officer. And the Infpedors herein after mentioned ffiall appoint, in the manner herein after direded, a Steward, a Matron, and fo many Affiftants or Nurfes as they ffiall from time to time find requifite and proper, to be employed in attending upon the fick-perfons aforefaid, or in fumigating, clean- fing, and purifying the goods, wares, merchandize and cloathing which may be landed and delivered at the faid Health Office, for the purpofe and in the condition arbrefud. Sed. 2. And be it further enafted by the autho- rity aforefaid, That it ffiall be the duty of the Refident Phyfician permanently to refide at the faid Health Office on State-Ifland, diligently and impartially with his beft fkill to attend up- on and to adminifter medical affiftance to each and every fick perion that ffiall be therein lodged, and carefully to vifit and examine and report all ffiips and veffels entering the port of Philadelphia from places beyond fea; and if upon examining ap.y ihip or veiled, it ffiall appear to the faid Refi- dent Phyfician that the perfons on board the fame are free from every peftilential or contagious dif- eafe (exclufively of the fmbll pox and meafles) and [ 3 ] and he ffiall fee no caufe to fufped that the cargoe, or any part thereof, is infeded, he ffiall forthwith deliver to the captain or matter of fuch ffiip or vef- fel a certificate reporting the wholefome ftate of the perfons and cargoe on board thereof ro the Health-officer refiding in the city of Philadelphia; and the faid captain or matter may thereupon pro- ceed according to his deftination, and ffiall deli- ver fuch certificate to the faid Health-officer with- in the fpace of twenty-four hours from and afcer the arrival of his ffiip or veffel oppofite to the city of Philadelphia. But if it ffiall appear to the faid S^ Refident Phyfician, that any perfon or perfons on board of any ffiip or veflel is, or are afflided with any peftilential or contagious difeafe, (the fmall pox ancl meafles excepted) or if there ffiall be any caufe to fufped that the cargoe, or any part thereof, is infeded with any fuch difeafe, he ffiall detain fuch ffiip or veffel at anchor in the ftream of the river Delaware oppofite to the faid Health-office, until the perfon or perfons fo afflided, or the car- goe, or the part thereof fo infeded, ffiall be lan- ded at the faid Health-office, and alfo until fuch further effedual meafures ffiall have been ufed for cleanfing and purifying the ffiip or veffel itfelf as the faid Refident Phyfician ffiall devife and dired. And when it ffiall appear to the faid Refident Phy- fician, that fuch laft mentioned ffiip or veffel has been effedually cleanfed and purified, he ffiall de- liver to the captain or matter thereof a certificate reporting to the faid Health Officer refiding in the city of Philadelphia, the number of fick perfons and the quantity of goods, wares and merchandize, landed therefrom at the faid Health-office, and the meafures which have been ufed for cleanfing and purifying the faid ffiip or veffel; and the faid captain or mafter may thereupon proceed accor- ding.to his deftination, and ffiall deliver fuch laft mentioned ; the Refident Thylician. Tie duty of the Confulting Phyfician ; to aOift the Refi- dent Phyfirian; to vifit veflels previoufiy de- tained at the Jlealth-oflice; or reported to be fiddyi proceedings and power of the Confulting v n'iician in ,'>! of his fervices, fhall have and receive from the matter or captain of each and every ffiip or veffel permitted by the Refident Phyfician to pafs the Health-office without detention as aforefaid, the fum of twenty-five cents, to be paid at the time of delivering at his office in the city of Philadel- phia, the certificate or bill of health of fuch ffiip or veffel; and for each and every other ffiip or veffel which he ffiall vifit, together with the Con- fulting Phyfician, in the cafes before mentioned, the fum of two dollars and fixty-feven cents, to be paid to him on demand by the matter, captain, owner, or confignee of fuch ffiip or veffel. Sed. 5. And be it further enafted by the autho' rity aforefaid, That it ffiall be the duty of the Steward to receive and accommodate all perfons Kani?of the duly fent to the Health-office, and to receive and ftore all goods, wares and merchandize there duly landed; to procure and iffue all neceffary fupplies for t 8 ] and of the ma- tron. Their compen- Ution. Jnfpeftors of the Hcikli- ollice, how to be appointed}. for the ufe of the Health-office ; to keep regulaf accounts, as well of fuch fupplies as of the recep- tion and difcharge of all perfons, or the receipt and re-delivery of all goods, wares and merchan- dize landed at the Health-office, and generally to obey and enforce all fuch orders and regulations as the Infpedors, the Refident Phyfician, or Health Officer, according to their refpedive ftations, ffiall eftablifh and declare; and it ffiall be the duty of the Matron to attend the fick perfons who fhall from time to time be accommodated in the Health- office, and to inform, regulate and dired the con- dud of the Nurfes, whom the Infpedors fhall au- thorize to be employed in affifting her; and the faid Steward, Matron, Nurfes and other affiftants ffiall have and be allowed fuch compenfation or wages refpedively as the Infpedors ffiall deem reafonable and juft, to be paid out of the fund a- rifing from forfeitures and penalties, and from the fees and charges, for medicine and attendance in the cafe of the fick, and for labor and materials in the cafe of fmoking, cleanfing and purifying goods, wares and merchandize, to be paid as is hereinafter direded, from the matter, captain, ow- ner* or confignee of the fhips or veffels refpedive- ly, from which the fame were landed as aforefaid. Sed. 6. And be it further enabled by the au- thority -aforefaid, That the Mayor or Recorder and Aldermen of the city of Philadelphia, toge- ther with three Juftices of the Peace of the Nor- thern Liberties, and diftrid of Southwark, re- fpedively, on the firft Monday of May next, and on the fame day of the fame month in each and every year thereafter, fhall appoint twenty-four perfons, of whom fourteen ffiall be inhabitants of the city of Philadelphia, five ffiall be inhabitants of the Northern Liberties, and five ffiall be inhabitants of the diftrid of Southwark, to be In- fpedors e 9 : fpedors of the Helath-office of the Port of Phila- delphia, by this ad eftabliffied, and the Infpedors fo appointed ffiall, within three days from and af- ter their annual appointments, refpedively affem- ble at the office of the Health Officer in the city of Philadelphia, and then and there divide them- felves, by ballot, into four elaffes, each clafs con- fitting of fix Infpedors, and each clafs, according to a rotation to be in like manner and at the fame time fettled and fixed, ffiall be deemed to be on adual duty for the term of one month, and ffiall be com- petent to exercife all the powers by this ad given to the Infpedor of the Health-office, and at leaft three of the Infpedors of the clafs from time to time adually on duty ffiall attend once in every week, or oftener^ if neceffary, or if any two In- fpedors fhall require it at the Health-office, on State-Ifland, and fhall infped and regulate the management thereof, and the condud of the of- ficers therein appointed, and generally ffiall do and perform all and lingular the other matters and things by this ad direded to be by them done and performed; and the Infpedors of each clafs, taking to their affiftance the Refident Phyfician and Health Officer, ffiall, on the day fucceeding the expiration of their refpedive monthly tours of duty, make a report in writing to the Governor of the condition of the Health-office, and of the number and difeafes of the patients therein from time to time accommodated, and the .Infpedors of each clafs, with the approbation of the Mayor or Recorder, two Aldermen and two of the Jufti- ces of the diftrids aforefaid may and ffiall make and eftabliffi a table of rates, therein fpecifying the charges for boarding, lodging, nurfing, medicinal attendance, and funeral expences, to be paid on account of fick perfons fent to the faid Health-of- fice, -and alfo for ftoring, cleanfing and purifying goods, and how to I* divided into clatfes. Duty of th« Infpe&ors ; to regulate th«j Healch-officej to report to the Governor at the end of each tour of duty ; to eftablilh ratc$ of taiarges to rc.zYt rule* and regulations, which (hall be htin« up in each Penalty en cb- ftruch.'jjthe Ira'peftars. They may ap- point ami dif- mifs the ftew- and matron, and " .phv niiifes and affiitants, Penalty, if In- f,>er>or» r.e^ied or refufe to i'erve. <>! vacancies in the office of Inlpcftor. f ro "] goods, wares and merchandize, for that purpofe ;there landed and delivered, and with the like ap- probation they ffiall make and ordain all rules and regulations deemed neceffary and proper for car- rying this ad into effect, fo far as the fame relates to the order and management of the Health-office; and in every room thereof a printed copy of fuch rates, rules and regulations ffiall be hung up and confpicuoufly exhibited; and if any perfon who- ■foever ffiall obftrud or refill the faid infpedors or any of them, in the exercife of the powers to them given, or in performance of the duties from them required by this ad, fuch perfon ffiall forfeit and pay the fum of one hundred dollars, to be reco- vered and appropriated as is herein after provided and direded; and the Infpedors with the appro- bation of the Mayor, Recorder, two Aldermen, and two of the Juftices of the Peace of the difcrids aforefaid, may and ffiall appoint, and in like manner difmifs, upon reafonable caufe, the Steward and Matron of the Health-office; and each clafs of Infpedors fhall have authority to employ fo many Nurfes and Affiftants as they ffiall from time to time deem neceffary and proper; and if any perfon appointed an Infpedor, not having a reafonable excufe, to be approved by the Mayor or Recorder, two Aldermen, and fix Juftices a- forefaid, ffiall refufe or negled to ferve in the of- fice of Infpedor, fuch perfon ffiall forfeit and pay the fum of twenty dollars, to be recovered and appropriated as is herein after provided and di- reded, and if by death, refufal to ad, or by re- moval of any Infpedor from the place for which he was appointed, a vacancy ffiall happen in the faid office, the reft of the Infpedors belonging to the clafs in which fuch vacancy may happen ffiall notify the fame to the Mayor or Recorder, two Aldermen, and fix juftices, who fhall there- upon E « 3 upon proceed with all convenient difpatch tofup- ply the vacancy, unlefs it ffiall appear to them un- neceffary fo to do, becaufe of the near approach of the next enfuing annual period of appointment, or becaufe the Infpedors of the clafs in which fuch vacancy may happen, ffiall have compieted the tours of duty to which they were liable. Sed. 7. And be it further en a tied by the authority aforefaid, That every mailer or captain of any ffiip or veffel coming from beyond fea (veffels adually employed in the coafting trade of the United States excepted) and bound to any port or place within the jurifdidion of Pennfylvania, ffiall caufe his ffiip or veffel to be brought to anchor, or otherwife flayed in the ftream of the river Dela- ware, oppofite to the Health-office on State Ifland aforefaid, and there to remain until he ffiall have duly obtained a certificate or bill of health from the Refident Phyfician, in the manner and upon the terms herein before direded; and if, previ- oufiy to obtaining fuch certificate or bill of health, any matter or captain fhall fuffer his ffiip or veffel to approach nearer than the faid Health-office to the city of Philadelphia, or ffiall land, or caufe or fuffer to be landed, or brought on ffiore, at any port or place within this commonwealth, or at any other port or place, with the intent to be conveyed into this commonwealth, any perfon or perfons, or any goods, wares or merchandize, or, if after receiving fuch certificate or bill of health, he ffiall neglect or refufe to deliver the fame to the Health Officer agreeably to the diredions of this ad, fuch mailer or captain ffiall forfeit and pay for each and every fuch offence the fum of five hundred dollars, to be recovered and appro- priated as is hereinafter provided and direded; and the captain cr matter of each and every ffiip or veff.l, as loon as the fame \i brought to anchor, or All veffels from beyond fea to be brought to and remain at the Health- office,'till ex- amined iir.d cer- tified. Penalty, if a captain comes nearer Phila- delphia, lands a>'.y perfon rr goods, or decs net deliver hi-; certificate to tli Health-clEcer. Poat to he frr for U r Fc'iik E ii ] Tne veffel and crew to be ex- pofed to fearch and examina- tion. Anfwers to be made by the captain to orfi- eial enquiries. .• Penalty on mot complying in tie above cafes. or otherwife flayed as aforefaid, fhall fend a fafe and commodious boat to bring the Refident Phy- fician on bord cf the ffiip or veffel, and fhall in like manner convey him back to the Health Office, after he has concluded his official examination, and while he is making fuch examination, or in cafe of any fublequent examination by the Health Officer and Confulting Phyfician, agreeably to the diredions of this ad, the captain or matter ffiall expofeorcaufeto beexpofedtothe fearch of the Re- fident Phyfician or of the Health Officer and Con- fulting Phyfician, as the cafe may be, each and every part of the {hip or veffel, and ffiall prefent to his view each and every perfon on board there- of, and ffiall alfo true and fatisfadory anfwers make to all fuch queftions as the Refident Phyfician at the time of examination, or the Health Officer at the time of delivering the certificate or bill of health in the city of Philadelphia, or at the time of any examination to be had by the Health Officer, to- gether with the Confulting Phyfician, fhall afk relative to the health of any port or place from which the ffiip or veffel failed, or has fincc touch- ed at, the number of perfons on board when the ffiip or veffel entered on her voyage, the number of perfons that have fince been landed or taken on board, and when and where refpedively, what perfons on board, if any, have been during the vovage, or ffiall at the time of examination, be infeded with any peftilential or contagious difeafe, what perfons belonging to the fhipor veffel, if any, died during-the voyage, and of what difeafe, and what is the prefent ftate and condition of the per- fons on board with refped to their health and dif- eafes; and if any captain or matter of any ffiip or veffel ffiall refufe to expofe the fame as aford. id to the fearch and examination of the Refider.i; phyfician, or of the Health Ofh\er and Confult t 13 ] ing Phyfician, as the cafe may be, or if, having on board his ffiip or veffel any fuch perfon or per- fons, he fhall conceal the fame, or if in any man- ner whatfoever he ffiall knowingly deceive or at- tempt to deceive the proper officers aforefaid in his anfwers to their official enquiries, fuch captain or matter for each and every fuch offence ffiall for- feit and pay the fum of five hundred dollars, to be recovered and appropriated as is hereinafter provided and direded; and wherever the Refident £"£T;s,i"^,-».: Phyfician, or Confulting Phyfician, as the cafe t£e fIWi-k"1 a may be, ffiall dired any perfon or perfons, or any °ai"iZ the goods, wares or merchandize to be landed at the Health Office, or any ffiip or veffel to be detained oppofite thereto, and there to be finoaked, cleanf- ed and purified, the captain of the fliip or veffel ffiall in all refpeds conform to fuch diredions, and ffiall at the proper coft and charge of his em- ployers carry the fame into effed within fuch rea- fonable time as the Refident Phyfician, or Con- fulting; Phyfician, as the cafe may be, fhall allow Pejsllr 7 w5 and prefenbe; and if any matter or captain mall futodo- refufe or negled to conform to the faid diredi- ons, and to carry the fame into effed as aforefaid, according to the refpedive cbjeds thereof, he ffiall forfeit and pay the fum of five hundred dol- lars for each and every offence, to be recovered and appropriated as is herein after provided and direded. Sed. 8. And be it further enafied by the cutho- tu-n.^™,- rity aforefaid, That whenever the Governor ffiall ^f^f^f receive fatisfadory information that any peftilen- ?<-■?>"n;,"«'-' J , - r infected piai.-» tial or contagious difeafe prevails in any foreign torem.-™. qw port or place, or in any port or place within the United States, he ffiall forthwith, by proclama- tion, givepublic notice thereof, and dirfd t'.atary and every ffiip or vtffel (v. hethcr there be or be not on board triereof any fick perfon .or perform, cr [ *4 ] or any infeded goods, wares and merchandize, and whether the fame be or be not adually em- ployed in the toafling trade of the United States) coming from or having touched at any fuch port or places refpedively, to be ftopped and detained in the ft re am of the River Delaware, oppofite to the faid Health Office, and the matter or captain, captain*of and all perfons on board of fiich ffiip or veffel ffiall voile's tocom- r t fiy herewith, there do, execute and perform reafonable quaran- tine, and fuch other cautionary meafures for pre- venting the introdudion of any peflilentialor con- tagious difeafe into this commonwealth, as the Re- fluent Phyfician with the advice of the Confulting Phyfician ffiall in fuch cafe devife and prefcribe; The prcclama- i , 1 1 ■ ■ r < • von to be noti- ana upon the puolicanon ot any proclamation aa &edtPP.:otr, aroref;idj th;: HcaIth officer ffiall, with all poffi- ble difpatch, communicate the contents thereof to the pilots belonging to the port of Philadelphia, obl^rhed,f' and if the matter or captain of any ffiip or veffel, i".:r.:'e, hy rn.iitcr r 1 - i , r s- r ] Til V ' r- ■- - • pr.nnittiijstiie wncioever (the Kefidcnt rnyucian, Con;u;t;'-^ »" ' 1- in r 1 r r n Health-office, fident Phyfician, and at leaft two of the Infpedors p^e^afd> ffiall grant him or her a difcharge in writing; and SJ01' if before obtaining a difcharge as aforefaid, any fower' fuch perfon ffiall elope or otherwife abfent himfelf from the Health Office, it fhall be lawful for the Health Officer, or any Conftable, or other perfon whom he ffiall call to his affiftance, and they are hereby enjoined and required to purfue and appre- hend the perfon fo efcaping or abfenting himfelf or herfelf from the faid Health Office, there again deliver him or her to be detained until he or flic be duly difcharged as aforefaid; and moreover the perfon fo eloping and abfenting himfelf or herfelf, ffiall for each and every offence forfeit and pay the fum of one hundred dollars, or fuffer fuch other puniffiment, by folitary confinement and fpare diet, as the Infpedors and Phyfician ffiall in that behalf ordain and award; and if any matter or captain ^nvf;J,^c"* fhall knowingly receive and employ on board of fucU ^a*wy' his ffiip or veffel, or if any houfe-keeper or other inhabitant [ 16 ] Kow the ■ inhabitant of this commonwealth ffiall knowingly receive, harbour, or in any wife entertain any per- fon fo eloping or abfenting himfelf or herfelf from the faid Health-office, without having previoufiy obtained a difcharge as aforefaid, each and every mafter or captain, and each and every houfe-hold- er or inhabitant fo refpedively offending, fhall forfeit and pay the fum of five hundred dollars, to be recovered and appropriated as is herein after E"half be provided and directed; and the expence and charge defrayed of boarding, lodging, nurfing, phyfic, mainte- nance and other neceffiries, which ffiall be provi- ded for thedifeafed perfons landed and fent to the Heath office aforefaid, and alfo of burying them in cafe of their death, ffiall be paid and difcharged by the importer, mafter, or captain, owner or confignee of the fhips or veffels reflectively in which fuch difeafed perfons were refpedively im- ported, agreeably to the rates in that behalf by the Infpedors to be ordained and eftablifned in the manner herein before direded; and it ffiall be lawful for the Mayor or any Alderman of the city of Philadelphia, or for any Juftice of the Peace, and they are refpedively hereby enjoined and re- quired, on application to any of them made by the Health Officer, to fummon the importer, mafter or captain, owner or confignee of any ffiip or veffel from which any difeafed perfon or perfons have been landed or fent to the Health-office as a.orcfaid, and to oblige fuch importer, matter o.' captain, owner or confignee, fome or one of them, to give bond to the faid Health Officer, with oir good and fufhcient furety, in a competent fum o money, to pay and fatisfy the full amount of the expenfes and charges aforefaid ; and in cafe th. faid importer, mafter or captain, owner or config- nee, ffiall refufe or negled to appear, or ffiall re- fufe to become bound in the manner aforefaid, th- Mayor, E-.i^miy be # .minde-i tor thai purpofe. to give [ i7 ] Mayor, Alderman, or Juftice, before whom he is fummoned to appear, ffiall commit him to the common gaol of the city and county of Philadel- phia, there to remain, without bail or mainprize, until he fhall conform to the diredions of this ad : Provided always never thelefs, That where the dif- eafed perfons are paffengers and not fervants, the faid expenfe and charges fhall be re-paid by them, their executors or adminiftrators, to the captain or mafter, owner or confignee, who fhall pay, and fatisfy or be bound to pay and fatisfy the fame as aforefaid. Sed. 10. And be it further enattedby the autho- rity aforefaid, That all goods, wares and merchan- dize, landed and delivered at the faid Health-office, in purfuance of the provifions in this ad contained, ffiall be taken into the cuftody of the Steward of the Health-office, and be by him fafely kept, with as little watte and damage thereof as is poffible, and the Steward, and the Affiftants for that purpofe appointed, ffiall, under the diredions and controul of the Health Officer, ufe all fuch effedual means for fmoking, cleanfing and purifying the faid goods, wares and merchandize, as the Refident Phyfician, with the advice of the Confulting Phy- fician, fhall, from time to time, devife and pre- fcribe, and when the faid goods, wares and mer- chandize, ffiall be fo effedually fmoked, cleanfed and purified, the faid Steward ffiall make re-deli- very thereof to the captain, matter, owner or con- fignee of the ffiip or veffel in which the fame were imported, upon an order or permit in writing for that purpofe, to be granted by the Refident Phy- fician, and at leaft two of the Infpedors, and not otherwife ; but the matter, captain, owner or con- fignee of fuch goods, wares and merchandize, re- fpedively, before the re-delivery thereof as afore- faid, fhall pay and fatisfy unto the Health Officer the In what cafes the cxpences Ihall be repaid to the captain, &c. ofthetef- Of goods, &-: landed, to be sieanled ^ of re-delivering thereof, after the lame ihal be cleanfed; [ 18 ] of paying the cxp;nces there. or felling ■ fame for charges. ■ 'the import- •':ion of paffen- T'lf'r number not to exceed what can be U'e'i provided sr'd actimno- .«ttll. the full amount of the expence and charges for floring, keeping, fmoking, cleanfing and purify- ing the fame, agreeably to the rates in that behalf by the Infpedors to be ordained and eftabliffied, in the manner herein before direded; and in cafe of refufal to pay and fatisfy the amount of fuch expenfe and charges, or in cafe any goods, wares and merchandize ffiall be effedually fmoked, cleanfed and purified, the mafter, captain, owner or confignee of the ffiip or veffel in which the fame were imported, fhall negled or refufe to receive, and at their proper coft and charge to remove the fame, within the term of ten days, from and after notice for that purpofe to them or any or either of them given, it ffiall and may be lawful for the faid Health Officer, and he is hereby required to adver- tife on three feveral days that there will be expo- fed to public fale, and on the day and at the place prefixed by fuch advertifement he fhall fell, to the higheft bidder, the faid goods, wares and mer- chandize, or fo much thereof as ffiall remain un- removed, after notice as aforefaid, and having de- duded and retained from the proceeds of fuch fale, the amount of the expenfes and charges aforefaid, and alfo the reafonable expenfe and charge of making the fale, the Health Officer ffiall pay over the balance, if any, to the mafter or captain, owner or confignee of the proper ffiip or veffel, or any one of them. Sed. 11. And be it further enabled by the autho- rity aforefaid. That no mafter or captain of any ffiip or veffei, bound to any port or place within this commonwealth, fhall bring within the capes of the bay and river Delaware, or into any port or place within this commonwealth, any greater number of paffengers, fervants, or other perfons whatfoever, than can and ffiall be well fupplied with fufficient good and wholefome drink and meat, C 19 3 meat, and other neceffaries, particularly vinegar, as well to waffi and cleanfe the veffel as for the ufe of the perfons on board during the voyage; and the room or birth that fhall be allowed to each 2,fl?«>15<»*of fingle perfon on board of fuch ffiip or veffel of the age of fourteen years and upwards or to two per- fons, being under that age, ffiall be at leaft fix feet in length and one foot fix inches in breadth; and if the the fame ffiall be fituated in the forepart of the ffiip or veffel between decks it ffiall be the height at leaft of three feet nine inches, and if ic be fituated in the cabbin or fteerage it ffiall be the height at leaft of two ittt nine inches; and no more than tv/o whole freight perfons fhall be put together in one birth, bedftead, or divifion, except in the cafe of parents and children, when they ffiall approve and defire the fame to be done and air ^^"oie lowed, and every matter or captain of any ffiip or £rigto beaem-c' veffel, importing paffengers, fervants, or other ployed" perfons whatfoever, by, or for whom the number of fifty whole freights or upwards ffiall be paya- ble, ffiall at the charge of the owner or owners of his ffiip or veffel, provide and employ a fkilful phyfician of good charader, and a cheft, with a competent affortment of medicines, for the ufe and accommodation of all perfons whatfoever on board Hisduty- his ffiip or veffel ; and the phyfician fo provided ffiall adminifter medicine and medicines to all fick perfons on board the ffiip or Veffel, according to his beft fkill and judgement, as often as occafion ffiall require, without afking,, demanding, or re- ceiving any pay or fatisfadion therefor from fuch fick nerfons refpedively; and every mafter or cap- offmotine r ^ J . . ' l r and cleanfing tain of any ffiip or veiiel containing the number ot aav»u re*. whole freights aforefaid fhall twice in every week durin^ the voyage caufe the ffiip or veffel to be thoroughly fmokedby burning tar between decks, if the fame can be done without injury to any fick perfon [ 20 j perfon or perfons that may be on board, and fliall alfo, twice in every week, if the weather will per- mit, during the voyage, caufe the fhip or veffel to be well waffied with vinegar, and while the means aforefaid ffiall be ufing to cleanfe the fhip or veffel, the mafter or captain thereof may require and compel all perfons, not incapacitated by ficknefs or other reafonable caufe, to come and temity forfei«. remain on deck until fuch cleanfing ffiall be per- i"gmore°th'a^c" formed and completed; and if any mafter, captain fece,""'' or other perfon whofoever, on board of any ffiip or veffel, ffiall, at a greater price than fifty per cent, profit, upon the firft coft, retail or fell unto any paffenger or paffengers, any wine, brandy, rum, geneva, cordials, beer, cider, or other fpiri- tuous liquors, or any grocery, fpices, or other ne- ceffaries for fick perfons, the mafter, captain or other perfon, fo offending, fliall, for each and every offence, forfeit and pay the fum of fifty dollars, to be recovered and appropriated as is hereinafter r"ngcwBwS:h li- provided and direded; and if any mafter, captain f«Z3deoxitaerting or other perfon, whether feverally or altogether, vecWeiibk? ffiall, during the voyage, truft or credit any one paffenger with more liquor or other articles what- foever, than fliall amount in the whole to the va- lue of four dollars, or if more than one third part of that fum fliall be for fpirituous liquors, the ma- fter, captain, or other perfon fo milling or credi- ting, ffiall be difabled from recovering any debts for all and any fuch artich. s from any paffenger fo fcerVtoenn»- iiiua..i the !U n rlif- P?r- [ 24 ] confent, be difpofed to any perfon refiding out of this commonwealth, under the penalty of one hundred dollars for each and every offence, to be recovered and appropriated as is hereinafter pro- ana indentures, vided and direded; and, moreover, every inden- in certain cafc», . r . _,.. . J . vo'd. ture in fuch cafe made, without the mutual con- fent of the hufband and wife as aforefaid, fhall be winedSo^s board void; and the mafter or captain of fuch ffiip or torbeeweiricPfo- veffel ffiall, during the faid term of thirty days, days,'at the ow- well and fufficiently provide for each and every ner's expence. ~ _ • j j i i j i palienger fo retained and kept on board, good and wholefome meat, drink, and other neceffaries and accommodations, at the proper coft and afterwards at ckarge or* the owner of fuch ffiip or veffel; but if ^"xpenc/of any paffengers fhall continue on board any fuch fhip or veffel after the expiration of the aforefaid term, the mafter or captain thereof ffiall provide for fuch paffengers, at their coft and charge refpedively, all neceffaries and accomo- dations, as aforefaid, to be added to the accounts of fuch paffengers refpedively, and recovered sick errons v,'lt*1 ^eir ^ghtas; and ffiall remove on ffiore all &c.tobere. fick perfons whofe difeafes are not peftilential or moved, and . 1 i provided for on contagious, and women near the time of labour, to fome convenient houfe, and there provide them with neceffary accomodations and nurfing, the ex- penfe whereof ffiall be charged to fuch paffengers refpedively, to be added to and recovered with not oe'rernoved tneir freights; if however, there ffiall be any fick gSeyftaii perfons on board of any fuch ffiip or veffel, who tcdonbowd!a" cannot be removed without danger, the mafter or captain may and ffiall make as convenient acco- modation on board of the ffiip or veffel for fuch fick perfons as circumftances will admit of, or as the Health Officer and Confulting Phyfician, upon application or complaint to them made, ffiall or- der and dired, Sed. 14. [ *s 3 Sect. 14. And be it further enafted by the au~> thorny aforefaid, That from the time any ffiip or veffel ffiall have puttofea, all the goods, wares and Goodsofpar- ^ merchandize of the paffeno-ers aforefaid, on board aj!^.^ " , c ■ 1 r D , r , . ~ thelr t«ight. thereof, who have not paid for their paffages at the place from whence they failed, ffiall fland a lawful pledge for the freight money of fuch paf- fengers, until the fame ffiall be fully paid and fatisfied; and it ffiall be lawful for the mafter, how execution ' may be llluea captain, owner, or confignee of fuch ffiip or vef- |^tfu<:tl {d, at any time within thirty days after the arrival of fuch paffengers within this commonwealth, 'to apply to any two Aldermen, or Juftices of the Peace, for the city or county where fuch paffengers ffiall be landed, for an execution againft the goods wares and merchandize of fuch paffengers, and the faid Aldermen, or Juftices, are hereby empowered and required to iffue a fummons, direded to a conftable of the place where the defendant liveth, to fummons fuch defendant to appear before them, on fome certain day, therein to be expreffed, not lefs than five, nor exceeding eight days from the date of fuch procefs, to ffiew caufe why fuch exe- cution ffiould not be granted, and at the time ap- pointed, the faid Aldermen, or Juftices, having heard the allegations and proofs of the parties, ffiall give judgment thereon, or at the requefl of either of the parties, ffiall appoint auditors, or, if the defendant cannot be found, or doth not ap- pear, give judgment for the freight money that ffiall appear to be due, and award execution againft the goods, wares and merchandize of fuch defen- dant, with fuch cofts of fuit as are by law allowed on the recovery of debts of equal amount; and the mafter, captain, owner or confignee of any pa(rengers so fhip or veffel importing paffengers as af6refaid, {efvingaJdr permitting any fuch paffengers to go on ffiore from pTe^fihaii fuch fhip or veffel, and retaining either on board ca^otf"^1 * or in fome ftore or other place on ffiore, all or any S°'A5, of [ *6 ] iuch aoodd One paffen . not to be bound of the goods, wares, and merchandize belonging to fuch paffengers for fecurity of the payment of their freights refpedively as aforefaid, ffiall be obliged under the penalty of five pounds, (to be recovered and appropriated as is hereinafter pro- vided and direded) to give to fuch paffengers re- fpedively, a certificate, fpecifying the goods, wares and merchandize, and the fum for which they are retained, with the time and terms on paCy.trrV?efol- which they may be redeemed, by the payment of freight money, and intereft, but no paffenger fhall be obliged to pay any florage for goods, wares and merchandize fo retained as aforefaid, and no mafter, captain, owner, or confignee of any fuch ffiip or veffel, or any other perfon for them, or thepra,y f01 an0" any of them, under any pretence whatever, ffiall take any bill, bond, note, or other fpecialty or in- ftrument in writing whotfoever, from any fuch pafi* fenger, nor make any contrad with any fuch paffenger while on ffiip board, or after his arrival within this commonwealth, to compel him or her to pay for the freight of another pafienger, except in the cafes herein before mentioned; and all bills, bonds, notes, fpecialties, inftruments and contrads fo made and taken fliall be utterly null and void : Provided always, That if any fuch paffenger, after nfreight. having difchareed his or her own freight, ffiall be willing to enter into a joint obligation with any other paffenger or paffengers, who ffiall remain in debt for his, her or their freight, to fecure the payment thereof, fuch obligation fnall be good and valid in law. Sed. 15. And be it further enabled by the au- procecdings as thority aforefaid, That the mafter or captain of any PerVdnfdying0 fliip or veffel, taking on board any paffenger as aforefaid, to be landed within this commonwealth, who in their paffage hither, or foon after, may die, leaving goods, wares and merchandize, money, or other ef/eds. whatfoever, on board, or in the hands ur.'ef? hch firtt paii [ *7 ] hands and cuftody of any fuch mafter or captain, fhall, within the term of twenty days, next after his arrival oppofite to the city of Philadelphia, or after the deceafe of every fuch paffenger, exhibit to the Regifter of Wills of the county in which the pro- perty is, a true and perfed inventory thereof, to the end that, after payment of all juft demands, which ffiall be due to the mafter, captain, owner, or confignee of fuch fhip or veffel, the remainder may be committed to the cuftody of fome proper perfon or perfons, for the benefit of the wife or children, next of kin, or creditors of the deceafed, as the cafe may require, and the law in fuch cafes ffiall dired : and if any mafter or captain ffiall re- ^J^v™^ fufe or negled to exhibit fuch inventory as afore- £j^g£sc faid, he ffiall for every fuch offence, forfeit and pay the fum of five hundred dollars, to be recovered and appropriated as is hereinafter provided and direded; and no mafter, captain, owner, or con- ^fg^K- fignee of any ffiip or veffel ffiall charge the freight rfe^ of any paffenger fo dying as aforefaid, to his or her tl0ns- furviving relations, nor ffiall any paffenger be com- pelled againft his or her will, to pay or make good by fervice, all or any part of the freight of his or her relations dying as aforefaid : Provided always, £.;^af« That if any minor child at the time of his or her ^^" importation be of fuch an advanced age, that his 1«-fat' or her fervice, until he or ffie arrives at the age of twenty-one years, ffiall not be equal and fufficient to pay and difcharge the money due for his or her own freight or paffage, then and in fuch cafe, he or ffie may and fhall be bound to ferve for the fame until the age of twenty-four years, and no longer, unlefs the faid money can be raifed by his or her fervice for a ffiorter terni, any law, cuftom, or ufage, to the contrary notwithftanding. Sed. 16. And be it further enabled by the autho- rity aforefaid, That for payment and fatisfaction of all forfeitures and penalties, which are impofed, and [ 28 ] AH veffels, cap tains, owners and'confignees, bound fof the forfeitures and penalties under this act fiow recover- able; and how ap- propriated. Commifiion to the Health- officer, on reco vering the fame. Limitation of profecutions under this aft. arid all funis of money direded by this ad to be paid by the mafters, captains, owners or confignees, as well the fhips or veffels refpedively as the cap- tains, mafters, owners or confignees thereof, ffiall be and are hereby declared liable, and it ffiall be the duty of the Health Officer to colled, recover and receive the fame, and all other forfeitures and penalties impofed and fums of money direded to be paid by this ad, and the fame fhall be reco- verable before any Alderman, Juftice ofthe Peace, or court of juftice having lawful jurifdidion, to the amount of fuch forfeitures, penalties and fums of money, refpedively, and when recovered and received, the fame (if not otherwife herein before fpecifically appropriated) ffiall be appropriated by the Infpedors of the Health-office on the drafts of any three of them, towards paying the wages of the Steward, Matron, Nurfes, and Affiftants, the expence of keeping a boat and boat's crew for the ufe of the Health-office, under the diredion of the Health Officer, and for defraying the coft of all other neceffaries to carry on the bufinefs of the Health-office, agreeably to the true intent and meaning of tliis ad ; and the Health Officer, for his trouble in colleding and receiving fuch for- feitures, penalties and fums of money (other than the fees payable for his own fervices) ffiall have, receive and retain a compenfation at and after the rate of two and an half per centum on the amount fo recovered and received. Sed. 17. And be it further enafted by the au- thority aforefaid, That ail adions or profecutions to be commenced againft any mafter, captain, owner or confignee of any fhip or veffel, or other perfon, by virtue of this ad, ffiall be brought within two months next after the arrival of the ffiip or veffel oppofite to the city of Philadelphia; and if any adion or fuit ffiall be commenced againft any perfon or perfons for any matter or thing done in- rfuance [ 29 ] purfuance of this ad, the defendant or defendants may plead the general iffue, and give this ad and |*^y££. the fpecial matter in evidence at any trial to be had ^^in^f thereupon; and if the plaintiff ffiall be non-furled Sence' or difcontinue his adion, or if judgment ffiall be given againft him, the defendant or defendants ffiall recover treble cofts to be adj udged by the court. Sed. 18. And be it further enaffed by the autho- rity aforefaid, That the ad entitled "An ad to pre- vent fickly veffels coming into this goverment,"the Rep<.l]offori ad entitled " An ad for vetting Province-Ifland •»«'»**»• and the buildings thereon ereded, and to be ereded in Truftees, for providing hofpitals for fuch paf- fengers as fhall be imported into this province, and to prevent the fpreading of infedious diftem- pers," the ad entitled tf An ad for prohibiting the importation of German or other paffengers in too great numbers in any one veffel," the ad en- titled " A fupplement to the ad, entitled an ad for prohibiting the importation of German or o- ther paffengers in too great numbers in any one veffel," and the ad, entitled, " An ad to prevent infedious difeafes being brought into this pro- vince," ffiall be, and each, and every of them, are hereby forthwith repealed, except fo far as the fame refpedively provide and eftabliffi regulations for the importation of German or other paffengers, which regulations ffiall continue in force until the firft day of January in the year one thoufand feven hundred and ninety-five, but no longer; and the regulations by this ad provided and eftablifhed for the importation of German or other paffengers ffiall be fufpended until the faid firft day of January in the year one thoufand {tv(tn hundred and nine- ty-five and no longer. Sed. 19. And in order to guard againft the extenfion of any peftilential or contagious difeafe (the fmall-pox and meafles excepted) that may at any time hereafter break out in the city of Phi- ladelphia, C 3° ] A public hof- pital to be eitabiiihed in the neighbour* hood of Phila- delphia, Bywhom and fcow to be eredled, regu- lated and fu- periatended. What fick per* Ions lhall be there accom- JBOd-tClii and bv whofe order jfent thi- ladelphia, the Northern Liberties, and the Diftrid of Southwark, Be it further enafted by the autho- rity aforefaid, That the Mayor or Recorder, and two Aldermen of the city, and the Commiffioners of the city and county of Philadelphia, ffiall have authority to bargain for and purchafe fome conve- nient lot of ground in the neighbourhood of the city of Philadelphia, eafily acceffiblc by water as well as by land, and the fame to take and hold in truft for the purpofe of ereding and efta- bliffiing thereon a public hofpital; and the Infpec- tors of the Health-office ffiall have authority on the faid lot to ered fuitable buildings for a public hofpital, and ffiall alfo infped and regulate the internal management thereof, and when neceffary, appoint a Steward, Matron, Nurfes and Affift- ants therefor, in the fame manner, under the fame penalties, and with the like regulations as are provided and authorized in the cafe of the Health-office herein before eftabliffied; and the Confulting Phyfician aforefaid, and fuch Affiftant Phyficians as fhall from time to time be appointed for the purpofe, by the faid Infpedors, ffiall at- tend and give medical aid to all the patients that ffiall from time to time be lodged in the faid pub- lic hofpital, and the Health Officer fnall enforce and fuperinted all the regulations for carrying in- to effect the objeds of this inftitution, and all per- fons whofoever (other than perfons or board of any ffiip or veffel and liable to be fent as aforefaid to the Health-office) refiding within the city and county of Philadelphia who fliall be afflided with any peftilential or contagious difeafe (the fmall pox and meafles excepted) may, and fliall upon the advice and order of the Confulting Phyfician, and any two Infpedors, be removed by the Health Officer and fuch Affiftants as he fliall for that pur- pofe employ, to the faid public hofpital or to fuch other place as the faid Phyfician or Infpedors ffiall 'prove t 31 ] approve, at the proper cofts of the perfon fo re- moved, there to be lodged, nurfed, maintained, and kept until duly difcharged by a permit in writing figned by the Confulting Phyfician, and at leaft two Infpedors, and the Confulting Phy- fician, Affiftant Phyficians, Health Officer, Stew- ard, Matron, Nurfes and Affiftants; employed in the bufinefs of the faid public hofpitat, ffiall, when in adual employment, be allowed for their refpedive fervices fuch reafonable compenfations as the Infpedors, with the approbation of the Mayor or Recorder, two Aldermen, and three Juftices, fliall from time to time deem proper and juft; and a fund for purchafing a lot of ground as aforefaid, for ereding the buildings fuitable to a public hofpital thereon, for fupplying the fame with medicines and neceffaries, for compenfating the officers therein employed, and for defraying all other incidental charges thereof, ffiall, from time to time, be raifed by a reafonable and mo- derate tax upon the inhabitants and eftates real and perfonal in the city, the Northern Liberties, and diftrid of Southwark; and the amount thereof ffiall be regulated and limited by the faid Mayor or Recorder, two Aldermen, and three Juftices of the Northern Liberties, and diftrid of Southwark; and the Commiffioners for the city and county of Philadelphia fliall thereupon have authority, and they are hereby required, to levy and colled the fame as in ordinary cafes for levying and colled- ing city and county rates and levies: Provided always neverthelefs, That each and every patient and his or her eftate real and perfonal, ffiall be lia- ble to pay, fatisfy and reimburfe, all the charges and expenfe on his or her account incurred in the faid public hofpital, unlefs the Mayor or Re- corder, or two Aldermen, and four Juftices of the county of Philadelphia, award that he or ffie ffiall be exonerated and exempted therefrom. Sed. 20. Compenfatioft Of the Phyfici* ans, and othef officers of the hofpital. The fund for the purpofes of the hofpital, how to be at- fefled; and how to ; levied, The eftates of all patients lia- ble for their expences, unlef* they arefpeci- aily exonerated^ t 3^ ] & balance due to the commit- tee, who re- lieved the fick during the late epidemic, to be paid. The Corpora- tion of Phila- delphia knpow- ered to prevent bnrials within the city. Sed. 20. And whereas it appears that there is a balance of three thoufand two hundred and forty five dollars and twelve cents, due to a bene- volent and meritorious committee of citizens, for monies by them expended in relieving the fick and poor during the calamity that afflided the city and liberties of Philadelphia in the months of September, Odober and November laft, and juf- tice and gratitude equally require, that provifion ffiould be made for difcharging the faid balance; therefore, Be it enabled by the authority aforefaid, That it ffiall be lawful for the Governor, and he is hereby required to draw a warrant on the Trea- furer of the commonwealth for the fum of three thoufand two hundred and forty-five dollars and twelve cents, and to apply the fame in difcharge and fatisfadion of the balance due as aforefaid, to the faid benevolent and meritorious committee, and the treafurer ffiall pay the faid warrant out of the fund appropriated for the fupport of govern- ment. Sed. 11. And be it further enabled by the autho- rity aforefaid, That the Mayor, Aldermen, and Citizens of Philadelphia, in Common Council affembled, fhall have power, by their ordinance for that purpofe, to prohibit any future interments within fuch parts of the city of Philadelphia where- in they ffiall judge fuch prohibition neceffary, and to impofe fuch fines for any breach of fuch ordi- nance as they may deem neceffary. Sed. 11. And whereas, by a patent under the great feal of the commonwealth, bearing date the thirteenth day of December one thoufand {even hundred and ninety three, city lots therein defcrib- ed were granted to the Mayor, Aldermen, and Citizens of Philadelphia, and their fucceffors in truft for public ufe as a burial ground for the in- terment of deceafed ftrangers, and fuch other per- fons who may not have been in communion with any [ 33 ] any religious fociety at the time of their deceafe: And whereas no interments have yer taken place in either oft he faid lots, and it would be advan- tageous to the Citizens of Philadelphia if the faid lots ffiould be difpofed of, and the money arifing from.the fale thereof ffiould be applied to the pur- chafe of other ground more extenfive and fuitable, as well for the purpofes aforefaid as for the general interment of perfons dying in the city Philadelphia and its immediate vicinity; Be it therefore enabled by the authority aforefaid, That it fhall ^ettao°o1°t,«0n. and may be lawful for the Mayor, Aldermen, jg*£gfla and Citizens of Philadelphia, or their fuc- ™%f£ Public ceffors, to fell and difpofe of three certain lots of §Sd;s'may ground within the city of Philadelphia, or any or either of them, which lots are defcribed in a pa- tent under the great feal of this commonwealth, dated the thirteenth day of December one thoufand feven hundred and ninety, granting the fame to the faid Mayor, Aldermen, and Citizens for the ufes and truth therein mentioned, and to apply c%ned^?;p the money arifing from fuch fale to the purchafe £?;£££. of fuch other lot or lots of ground out of the bounds SJf^^ of the city or the inhabited parts thereof, as they pofc- may judge fuitable and neceffary for a place of general interment, of perfons who may hereafter die in the city of Philadelphia, or the fuburbs thereof. GEORGE LATIMER, Speaker of the Houfe of Reprefentatives. ANTHONY MORRIS, Speaker of the Senate. Approved, April 22d, 1794. THOMAS MIFFLIN, Governor of the Commonwealth of Pennfylvania.