tafifi&StfSBffiWBtf Su5«P^M6&ife^Hfew.iii'iH■;:-■;.:X: :-'XX77XX.XX i^Nill™'!' . . . . ». .. I,. . - .. «,ri ^#$W3 . ;c •*.■» i..i. w.-.u.'t. .. t."t.r* .'l.-lhi'.-.K.-..-:•>;:.:: .'--..'J l-i'i-x:'.^, :X r,r: ■-'■. X'-;vx.'> x -.Xb!': Xxx'.i..x: i;X:Cx;:, •;• c;x 77>:;vv :;i!::::;:::::;!!!il:!;::i:c;c;;:cx x vXV/'t'.V vXxcV.ViCV.'. v-< 'n'til'-.*. <■ ./■.-.',. ^.■^^^.^^xX^^^•■^cxv^J■ •/ J sons, vessel, of the city or in their vicinity, to the Quarantine ground, or *£^s> ™ some other place of safety ; and may require all persons, 2ca,raatinek- articles or things introduced into the city from such vessel, te^and oth- to be seized, returned on board thereof, or removed to the Quarantine or other place of safety. If the master, owner, or consignee of the vessel cannot be found, or shall neglect or refuse to obey the order of removal, the said Board of Health, or Mayor and Commissioners of Health, or Health Officer, shall have power to employ such assistance as may be necessary to effect such removal, at the expense of such master, owner, or consignee ; and such vessel or person shall not return to the city without the written permission of the said Board of Health, or Mayor and Commissioners of Health, or Health Officer. Whenever any person shall have been employed, as above provided, to remove any vessel, or to remove any article or thing introduced into the city from such vessel, and shall, in pursuance of such employment, effect such removal, he shall have a lien on said vessel, her tackle, apparel, and furniture, for his ser- vices and expenses in effecting such removal. (1S57, ch. 412, § 1.) § 5. Whenever the said Health Officer, in the perform- Health om ance of the duties and in the execution of the Dowers °" * ^^ , , I force orders imposed and conferred upon him by law, or by any reo-ulac- tion or ordinance made in pursuance of any statute of this State, shall order or direct the master, owner, or consignee of any vessel under Quarantine, to remove such vessel 15 from her anchorage, or to do any act or thing, or comply with any regulation relative to said vessel, or to any per- son or thing on board thereof, or which shall have been brought to said port therein, and such master, owner, or consignee shall neglect or refuse to comply with such order or direction, the said Health Officer shall have power to employ such persons and assistance as may be necessary to carry out and enforce such order or direction, and the per- sons so employed shall have a lien on such vessel, her tackle, apparel, and furniture, for their services and ex- penses. {Same ch. § 2.) Enforcement § 6. The liens specified in the preceding sections may be enforced in the same manner as other liens on vessels are enforced, by warrant of attachment, in the mode pre- scribed in title eight, of chapter eight, of the third part of the Revised Statutes, all the provisions of which title shall apply to the services and expenses specified in this act; and the person or persons so rendering such services, and incurring such expenses, shall be deemed creditors of such vessel, and of her master, owner, or consignee, respectively; or such person or persons may have and maintain an action against the master, owner, or consignee, or either of them, of such vessel, to recover the value of such services and expenses. {Same ch. § -3.) § 7. If any vessel arriving at the Quarantine ground, subject to quarantine, shall be bound to some port east of the city of New York, the Health Officer, after having duly visited and examined her, may permit her to pass on her voyage through the Sound; but no such vessel shall be brought to anchor off the city, nor shall any of her crew or passengers land in, or hold any communication Vessels bound to Eastern ports. 16 with the city, or any person therefrom. (1856, chap. 147, §5.) § 8. Every vessel having had, during the voyage, a case infected ves- of pestilential, infectious, or contagious disease, and every vessel from a foreign port, having passengers, and not hereinbefore declared subject to quarantine, shall, on her arrival at the Quarantine ground, be subject to visitation by the Health Officer, but shall not be detained beyond the time requisite for due examination, unless she shall have had on board during the voyage, some case of infec- tious, contagious, or pestilential disease, in which case she shall be subject to such quarantine as the Health Officer, and the Mayor, and the Commissioners of Health may pre- scribe ; and it shall be the duty of the Health Officer, whenever he thinks it necessary for the preservation of the public health, to cause the persons on board any vessel to be vaccinated. (1850, ch. 275, § 7.) § 9. The master of every vessel released from quaran- Permit t0 be tine, and arriving at the city of New York, shall, within Mayor's of- twenty-four hours after such release, deliver the permit of the Health Officer at the office of the Mayor. (1856, ch. 147, § 6.) § 10. Nothing in this act contained shall prevent any Restrj vessel, arriving at Quarantine, from again going to sea before breaking bulk. {Same ch. § 7.) 17 ARTICLE SECOND. Of the duties of Pilots in relation to Vessels Subject to Quarantine. Pilots. °' § 13. It shall be the duty of each branch and deputy pilot belonging to the port, to use his utmost endeavors to hail every vessel he shall discover entering the port, and to interrogate the master of such vessel in reference to all matters necessary to enable such pilot to determine wheth- er, according to the provisions of the preceding sections, such vessel is subject to quarantine or examination by the Health Officer. (1856, ch. 147, § 8.) Notic 12. If, from the answers obtained from such inquiries, vesse? °f ^ ^H aPPear that such vessel is subject to quarantine or examination by the Health Officer, according to the pre- ceding provisions, the pilot shall immediately give notice to the master of the vessel, that he, his vessel, his cargo, crew and passengers, are subject to such examination, and that he must proceed and anchor said vessel at the Quaran- tine anchorage, there to await the further directions of the Health Officer. {Same ch. ^ 9.) Duty of pi- § 13. It shall be the duty of every pilot, who shall lots in charge . . of vessels, conduct into port a vessel subject to quarantine or exami- nation by the Health Officer : 1st. To bring such vessel to anchor within the buoys marking the Quarantine anchorage. 2nd. To prevent any vessel or boat from coming along- side of the vessel under his charge, and to prevent any thing on board from being thrown into any other vessel or boat. 3rd. To present to the master of the vessel a printed 2 18 copy of this title, when such copy shall have been deliv- ered to him for that purpose. 4th. To take care that no violation of this title be committed by any person, and to report such as shall be committed, as soon as may be, to the Health Officer. {Same ch. § 10.) ARTICLE THIRD. Regulations concerning the Treatment, Condud, and Duties of Vessels, Articles, and Persons under Quarantine. § 14. It shall be the duty of the Health Officer to board Health oib- . . cer to board every vessel subject to quarantine or visitation by him, vessels. immediately on her arrival, between sunrise and sunset; to inquire as to the health of all persons on board, and the condition of the vessel and cargo, by inspection of the bill of health, manifest, log-book, or otherwise ; to exam- ine, on oath, as many and such persons on board as he may judge expedient, to enable him to determine the period of quarantine and the regulations to which such vessel shall be made subject, and to report the facts and his conclusions, and especially to report the number of persons sick, and the nature of the disease with which they are afflicted, to the Mayor or Commissioners of Health, in writing. (1856, ch. 147, § 11.) § 15. It shall be the duty of the Health Officer to Residence of reside within the Quarantine enclosure, and he shall have «sr?lth °&' power : 19 dangerous0™ 1* To remove from the quarantine anchorage ground vessels. ^y vessel he may deem dangerous to the public health, to any place south of the Quarantine buoys and inside of Sandy Hook. cargo and o. To cause anv vessel under quarantine, when he shall passengers J x to belauded, judge it necessary for the purification of the vessel or her cargo, passengers, or crew, or either of them, to discharge or land the same at the Quarantine ground or some other place out of the city, and^'ieaning 3. To cause any such vessel, or her cargo, bedding, and the clothing of persons on board, to be ventilated, cleansed and purified, in such manner and during such time as he shall direct; and if he shall judge it necessary to prevent infection or contagion, to destroy any portion of such bed- mafbe des- ding or clothing, and, with the authority of the Mayor or Commissioners of Health, any portion of such cargo which he may deem incapable of purification. troyed. Lr°to?eavin ^. To prohibit and prevent all persons arriving in vessels Quarantine, subject to quarantine, from leaving Quarantine, or remov- ing their goods or baggage therefrom, until fifteen days after the last case of pestilential, contagious or infectious disease shall have occurred on board, and ten days after her arrival at Quarantine, unless sooner discharged by him, with the consent of the Mayor or the Commissioners of Health. permit to 5, t0 permit the cargo of any vessel under quarantine, proceed to -L ° *' New York. or any p0rti0n thereof, when he shall judge the same free from infection and contagion, to be conveyed to the city of New York or elsewhere ; such permission, however to be inoperative without the written approval of the Mayor or Commissioners of Health. 20 6. To cause all persons under quarantine to be vaccin- Vacctaation- ated, when he deems it necessary for the preservation of the public health. 7. To administer oaths and take affidavits in all exami- Jj>r(£jj£nte' nations prescribed by this act, and in relation to any alleged violation of quarantine law or regulation ; such oaths to have the like validity and effect as oaths adminis- tered by a commissioner of deeds. (Same ch. § 12.) § 16. The Health Officer or the Physician of the Marine JJEmE Hospital may direct in writing, any constable or other mayHbeP1ar- citizen, to pursue and apprehend any person, not dis- charged, who shall elope from Quarantine, or who shall violate any quarantine law or regulation, or who shall obstruct the Health Officer or the Physician of the Marine Hospital in the performance of their duty, and to deliver him to said officer or officers, to be detained at Quarantine until discharged by said officer or officers: but such con- finement shall in no case exceed ten days. It shall be the duty of the constable or other citizen so directed, to obey such directions; and every such person so eloping or vio- lating quarantine laws and regulations, or obstructing the Health Officer, shall be considered guilty of a misdemeanor, punishable with or by fine and imprisonment. (Same ch. % 13.) § 17. The Health Officer of the port of New York shall Health o&- i x n i • i n „ cer to have have power, at all times, to call upon any of the police ten p°lice- force of the district, to a number not exceeding ten, to aid him, upon any necessary emergency, in enforcing the powers and duties conferred upon his office by law, and it shall thereupon become the duty of any such member of the police force, so called upon, to obey him. But such 21 service shall not continue longer than twenty-four hours, unless by direction of the Board of Metropolitan Police.* (1860, ch. 259, § 35.) care of the $18. Eveiy sick person sent to the Marine Hospital by the Health Officer shall be there kept and attended to with all necessary and proper care, and no such person shall leave the Hospital until the Health Officer shall grant a discharge in writing. (1856, ch. 147, $ 14.) commission- <$, 19. The Commissioners of Emigration shall remove ers of Emi- ■> " takei0chSahrae fr°m ^ie Marine Hospital and take charge of all indigent emigranil?nt emigrants whose quarantine has expired, and who shall have sufficiently recovered from the diseases with which they were admitted, on the notification, in writing, of the Health Officer, that such removal will not, with ordinary care, endanger the safety of the individual, or the health of the community. {Same ch. $ 15.) when cargo $ 20. The Health Officer, the Board of Health, or the mavbeship- . r> Tt in •?• n • • ped tor sea. Mayor and Commissioners of Health may, it m their opinion it will not be dangerous to the public health, permit the cargo of any vessel under quarantine, or any portion thereof, to be shipped for exportation by sea, or transportation up the North or East River ; and if the vessel receiving the same shall approach nearer than two hundred yards to the wharves of the city, said cargo may be seized and sold by the Mayor and Commissioners of Health for the use and benefit of the Marine Hospital. {Samech. % 16.) Designation $ 21. Every vessel, during her quarantine, shall be by colors. * J <* "The Board of Police may also, upon any emergency, or apprehension of riot, pestilence, or invasion, appoint as many special patrolmen, without pay, from among the citizens, as it may seem desirable." (1860, ch. 259, § 16.) 22 designated by colors, to be fixed in a conspicuous part of her main shrouds. {Same ch. § 17.) A offences. Peace of the city and county of New York shall have exclusive jurisdiction of all offenses against the provisions of this act; and it shall be the duty of the District Attorney of the city and county of New York to prosecute all persons guilty of such offenses without delay. {Same ch. § 34.*) § 40. Section six of article one of title two of chapter Repeai. two hundred and seventy-five of the Laws of eighteen hun- dred and fifty, and sections fifteen and twenty-two of arti- cle three of title two of the same chapter of the Laws of eighteen hundred and fifty, and section thirty-five of article five of the same law, and section seventeen of chapter five of title five of part first of the Revised Statutes, together with all laws inconsistent herewith, are hereby repealed. {Same ch. § 37.t) * It will he seen that § 37, having reference only to a section of the Act of 1857, does not conflict herewith. | Query. Was not § 23 intended to have been herein repealed instead of § 17 ? (The compiler gives the repealing clause as it is contained in the Session Laws.) 29 TITLE III. INTERNAL REGULATIONS FOR THE PRESERVATION OF THE PUBLIC HEALTH OF THE CITY OF NEW YORK.* ARTICLE FIRST. Of certain duties and Powers of the City Inspector, the Board of Health, and the Mayor and Commissioners of Health. city § 1. The City Inspector of the city of New York shall Inspector. have power— Health 1st. To appoint, with and by the advice and consent of Wardens. ri ' J the Board of Aldermen of said city, from time to time, all and so many Health Wardens and other officers, as the Common Council or the Board of Health shall direct, to carry into effect the provisions of this title, and the rules and regulations of the Board of Health, the laws and ordinances of the Common Council of said city, and the laws of this State, relating to the public health. Such Health Wardens and Officers shall be subject to the supervision and control of the City Inspector. iheir duties ^d. To authorize such officers, at such times as he shall think fit, to enter into and examine in the day-time all buildings, lots, and places of every description within the city, and to ascertain and report to the Mayor and the s Title 3 of Chapter 275 of 1850 substituted for title 3, R. S. 30 Commissioners of Health, the condition thereof, so far as the public health may be effected thereby. 3d. It shall be the dutv of the Citv Inspector, on com- Duty of city J j i. ' Inspector on plaint being made to him, or whenever he shall deem any complaint. business, trade, or profession, carried on by any person or persons in the city of New York, detrimental to the public health, to notify such person or persons to show cause, before the Board of Health, at a time and place to be speci- fied in such notice, why the same should not be discon- tinued or removed, which notice shall be a notice of not less than three days (except in case of epidemic or pesti- lence, the Board of Health may, by general order, direct a shorter time, not less than twenty-four hours), and maybe served by leaving the same at the place of business or resi- dence of the parties to be affected thereby. Cause may be shown by affidavit, and the order of the Board of Health shall be final and conclusive thereon. 4th. The said City Inspector to give all such directions, cleansing and adopt all such measures for cleansing and purifying all jng Pbuiid- such buildings, lots, and other places, and to do or cause to be done, everything, in relation thereto, which, in the opinion of the Mayor and the Commissioners of Health of the city, shall be deemed necessary. Every person who shall disobey any order of the City Inspector, or of the Board of Health, which shall have been personally served upon them to abate or remove any nuisance in the manner and at the time described in such order, shall, on com- plaint of the City Inspector, or of the person serving such order, before the Mayor or any Police Justice of said city, be liable to arrest, and summary punishment by fine, not exceeding one thousand dollars, or imprisonment not 31 exceeding one year, or by both such fine and imprison- ment. Further 5th. To adopt such prompt measures, to prevent the spreading of any contagious, infectious, or pestilential diseases, as shall be directed by the Mayor and the Com- missioners of Health, when it shall "appear to the Mayor and Commissioners of Health that any person within the city is afflicted with any disease of that character. By-iaws and d 2. The Mavor, Aldermen, and Commonalty of the ordinaces. J J * city of New York shall have full power and . authority to make and pass all such by-laws and ordinances, as they shall from time to time deem necessary and proper, for the preservation of the public health of said city, and also for the abatement and removal of all and every nuisance in said city, and for compelling the proprietors or owners of the lot or lots, upon which the same may be,, to abate and remove the same. Nuisances. § 3. It shall be lawful for the said Mayor, Aldermen, and Commonalty, in all cases where they may deem it necessary for the more speedy execution of said by-laws or ordinances, or any of them, to cause any such nuisance or nuisances to be abated or removed at their own expense, and they are hereby authorized to levy and collect the sum or sums so expended, with lawful interest, and all reason- able costs and expenses attending such proceedings, by distress and sale of the goods and chattels of the proprie- tors or owners of the lots and premises, from which such nuisance or nuisances shall have been abated or removed, or to recover the amount of every such expense, by action in any court of record, from such owner or owners respectively, on whose account the same shall have been 32 expended, their respective heirs, executors, or administra- tors ; in all which actions they shall, also, recover lawful interest upon the amount of said expense from the time of payment thereof, with full costs of suit.* J cotton to b( every vessel that shall have brought cotton into the city, rcP°rted- between the first day of May and the first day of November, in any year, and of the owner and consignee of such cotton, 39 if, upon examination, it shall appear damaged, or otherwise unsound, to make an immediate report thereof to the Mayor and the Commissioners of Health. ScT 'to § 25. Every master, or owner, or consignee, refusing or report. neo-lecting to perform the duties so enjoined, shall, for each offence, forfeit to the Commissioners of Health the sum of five hundred dollars. vfoiltin anr § 2G- Every person who shall violate any regulation, tbtemue. °f order, or direction of the City Inspector, or of the Board of Health, made or given in the exercise of any of the powers vested in them by any section of this title, shall be consid- ered guilty of a misdemeanor, and, on conviction thereof, be subject to fine or imprisonment, or both, at the discre- tion of the Court. Such fine shall not exceed one thousand dollars, and such imprisonment shall not exceed two years. Physicians ^ 27. Every practicing physician, who shall refuse or neg- ishment. ject to perform the duties enjoined on him by the tenth section of this Title, shall be considered guilty of a misde- meanor ; and shall also forfeit for each offence the sum of two hundred and fifty dollars, to be sued for and recovered by the Board of Health. penalties. <^ 2S. Every keeper of a boarding or lodging-house, and every master, owner or consignee of a vessel, who shall refuse or neglect to obey the orders and directions of the Mayor and the Commissioners of Health, as provided in the eleventh and twelfth sections of this Title, shall be con- sidered guilty of a misdemeanor; and, on conviction, shall be fined for each offence in a sum not exceeding two hundred and fifty dollars, or be imprisoned for a term not exceeding six months. 40 ARTICLE FOURTH. General Provisions. § 29. Whenever it shall appear to the Board of Health ext^erpr^ that any of the provisions of this Act, limited in .their oper- Yx^faoi ations to a certain period of the year, ought to be extended, the Mayor of the city shall issue his proclamation, extend- ing such provisions to such time as shall be determined on by said Board, and such provisions shall thereupon be extended accordingly, and with the like effect as if the periods mentioned in the proclamation had been herein •enacted. § 30. If it shall appear to the Board of Health, while f^°*e mar such proclamation is still in force, that the necessity 0fproclamatlon extending the period therein named has ceased, the Mayor, by a new proclamation, declaring that fact, shall revoke the proclamation issued, pursuant to the preceding section, which shall then cease to have effect. § 31. All fines, forfeitures, and penalties imposed in this Fines. and act, or under the powers delegated therein, shall be paid £°w collcet- to the Health Commissioners, to and for the use of the city of New York, and such as are recoverable by suit shall be sued for by the Commissioners of Health, in their name of office, unless otherwise herein provided. § 32. It shall be the duty of the Mayor and the Commis- offences to be reported sioners of Health, and of each of them, to give information t0 District ° Attorney. to the District Attorney of the city and county of New York, of all offences against the provisions of this act that shall come to their knowledge, that he may prosecute the offenders without delay, in the Court of Sessions of the city. 41 abatSe.not t0 § 33. No suit, that shall be brought by the Board of Commissioners of Health, or the Health Officer, or City Inspector, in their respective names of office, in pursuance of the authority given in this act, shall abate, on account of the death of the officer or officers by whom the same shall be commenced. Declaratory. § 34. The provisions of the foregoing titles of this act shall extend to all diseases which, in the opinion of the Board of Health, or of the Mayor and Commissioners of Health, shall be deemed dangerous to the public health ; and nothing in this act shall be construed to interfere with the remedies against nuisances, provided by the common law. printed and § 35. The Mayor and the Commissioners of Health shall from time to time cause such parts, as they shall deem necessary, of this act to be printed, and shall deliver the same to the respective pilots of the port for distribution to the masters of vessels subject to quarantine. Magistrates^ § 36. It shall be the special duty of all magistrates and civil officers, and of all citizens of the State, to aid, to the utmost of their power, the Board of Health, and all the Health Officers mentioned in this act, in the performance of their respective duties. Health. °f § 37. Bills of Health to masters of vessels shall be grant- ed by the Mayor. Repeal. ^ 33. The Act entitled, " An Act concerning Quaran- tine, and regulations in the nature of Quarantine, at the port of New York," passed May 13th, 1846, is hereby repealed ; but such repeal shall be in no wise construed or 42 deemed to revive any act or part of any act repealed there- by. And all other laws inconsistent with this Act are hereby repealed. But nothing contained in this act shall be construed as repealing any part of the act entitled, " An Act to amend the Charter of the City of New York," passed April 2d, 1849. TITLE IV.* OF THE MARINE HOSPITAL AND ITS FUNDS. ARTICLE FIRST. § 1. The institution belonging to this State, now known Marine Hos- as the Marine Hospital, and all the lands and buildings whoivested thereon, and all lands and buildings which may hereafter be purchased or erected and designated for such Marine Hospital, or lands and buildings used for quarantine pur- poses, are hereby vested in the Commissioners of Emigra- tion, to be by them held in trust for the people of this State, and the sole and exclusive control of the same, except in regard to the sanitary treatment of the inmates * By the original fourth title, the Marine Hospital was placed in charge of the Commissioners of Health, and provision was made for its support by the collection of '' Hospital Moneys.'' By chapter 483 of the laws of 1847, it was transferred to the Commissioners of Emigration, whose offices had been created by chapter 195 of the laws of that year. Since that time, various acts have been passed relative to their powers and duties. Such portions of them as do not refer to the Marine Hospital, or the Officers of Health, have been omitted in this compilation, which is intended to embrace only such laws as strictly relate to the public health. 43 thereof, is hereby given to the said Commissioners of Emi- gration, for the purpose of receiving therein all persons for whom bonds may be required, or for whom any bond or bonds mayhave beengiven, required, or commuted for, un- der the provisions of this act, or the acts hereby amended, suffering under or afflicted with any infectious or conta- gious disease, or other disease, preventing their immediate removal to any more distant hospital, and who shall be sent to such hospital by the direction of the Health Officer, or under his authority. fl847, ch. 483, § 1, as amended, 1849, ch. 350, .§ 6J [Modified,see § 2. The Commissioners of Emigration are authorized 4] to employ, and appoint, and dismiss at pleasure, a [super- intendent,*] physicians, and such other officers, nurses, and orderlies, and such servants as they shall deem necessary for the management and care of the Marine and other hos- Nurses and pitals used for quarantine purposes, and to pay all needful expenses therefor out of the moneys under their control; but the moneys received under any of the provisions of * this act as commutation money, or upon bonds given for or on account of any persons or passengers landing from vessels at the port of New York, or elsewhere, shall not be applied or appropriated to any other purpose or use than to defray the expenses incurred for the care, support, or maintenance of such persons or passengers, nor shall such passengers be entitled to any aid from the Commis- sioners of Emigration after they shall have left the State of New York, and been absent therefrom for more than Restriction. one year. Nothing in this act contained shall be deemed to affect the authority of the Board of Health, nor the ° By Sec. 12, Ch. 224, Laws of 1853, the physician of the Marine Hospi- tal is authorized to discharge the duties of Superintendent. 44 mode of appointment of the Health Officer, Resident Phy- sician, or Commissioners of Health of the city of New York, or to prevent the Health Officer from selecting his own medical assistants, other than those of the Marine Hospital, for any duties required by law to be discharged by him, or under his authority. (1849, ch. 350, § 8, as amended, 1S51, ch. 523, § 5.) § 3. The Health Officer shall not, by right of office, have %^% any other authority over the Marine Hospital or medicalcer- charge, as Physician thereof, than is in this act provided. (1849, ch. 350, § 14.) §4. There shall be nominated by the G-overnor, and g^1™ appointed by him, with the consent of the Senate, apita1. Physician of Marine Hospital, whose powers and duties shall be as follows : 1. To select and appoint, subject to the approval of the Hlsduties Commissioners of Emigration, such and so many assistant physicians, nurses, orderlies, and other employees of the Marine Hospital as may be found necessary for the care* and management of the said Hospital, and the proper treatment of the inmates thereof, and to suspend or remove the same ; but the rate of pay of* the said assistant physi- cians, nurses, orderlies, and other employees, shall be regu- lated and determined by the Commissioners of Emigration. 2. To have the general charge and control of the Marine Hospital, and to make and enforce such rules and regula- tions for the government of the same, and the treatment of the sick inmates thereof, as shall seem to him necessary and expedient to maintain the said Marine Hospital as a quarantine establishment. 45 3. To report to the Health Officer in writing, from time to time, and as often as may be, the persons sufficiently recovered from sickness to be discharged from said hospitals, or any of them. 4. To receive into the Marine Hospitals all persons [sick] of contagious, infectious, or pestilential disease, which may be sent thither by the Health Officer, or under his author- ity, or under the authority of the Board of Health of the city of New York, except itch and syphilis, which shall not be construed as diseases entitling those suffering from them to be admitted as patients into the Marine Hospital; 5. And to allow or permit the Health Officer at all times to have free access to the several wards of the Ma- rine Hospital, for the purpose of examining the sick inmates thereof, in order to enable the said officer to judge as to the necessity for detaining the vessels from which said sick may have been landed. (1849, ch. 350, § 17 ; as amended 1S53, ch. 224, § 4, and 1856, ch. 147, § 35.) Modified as 5. The Physician of Marine Hospital shall have and to aisistants. y J . , peeanteM, receive an annual salary of five thousand dollars, to be paid sub. 1st.] •> x quarterly; and each of the assistant physicians shall have and receive a salary of one thousand two hundred dollars salaries. per annum, to be paid quarterly or monthly, as the Com- missioners of Emigration may determine, and in that ratio for any period of service of such physician or assistant, and all salaries and other compensation, of such physician and assistant physicians, and of all nurses, orderlies, and ser- vants, or others necessarily employed in and about the business, care, and proper management of such Marine or other hospital for quarantine purposes, shall be paid by the Commissioners of Emigration, from and out of moneys col- 46 lected upon the bonds hereinbefore required to be given by the owners or consignees of vessels arriving with and land- ing passengers at the port of New York, or from the commutation moneys paid upon or in lieu of such bonds, in accordance with the provisions of this act, and all the expenses of such Marine or other hospital for quarantine purposes, shall, as far as practicable, be defrayed by said Commissioners out of and from the moneys and securities in this act specified; but nothing in this act containedKestriction' shall be so construed as to authorize the payment of any salary or compensation for services rendered by said Commissioners of Emigration, or any of them. (1849, ch. 350, § 20.) § 6. The Physician of Marine Hospital shall present to the ^"^p^; Legislature, annually, on or before the first of March, a re- J.^hos puai port of the general condition of the Hospital under his charge, with the statistics of the Institution in detail, and such other information and suggestions in regard to the same as he may deem advisable, and testify the same by his affi- davit ; he shall also furnish to the Board of Health of the city of New York, and to the Commissioners of Emigration whenever required by them so to do, an official return of the numbers and diseases of the patients in the Marine Hos- pital. (1853, ch. 224, § 9.) § 7. It shall be the duty of the Superintendent of the ReP°rt of * x Superintend- Marine or other hospital, used for quarantine purposes, to ent- furnish to the Board of Health, as often as may be required, a full and correct report of all persons in the said hospital affected with any contagious or infectious disease, and of all such patients as may die or be discharged as cured ; such report shall be countersigned by the agent of the Board of Health, and no persons who may be, or who have been 47 received as patients affected with contagious or infectious diseases, or under treatment as such, shall be discharged or removed from the Marine or other hospital used for quaran- tine purposes, without a permit in writing from the Health Officer. (1849, ch. 350, § 12.) physician to § 8. The Physician of Marine Hospital shall discharge tendent. the duties of superintendent of Marine Hospital, under the Commissioners of Emigration, and without further pecu- niary compensation than that allowed him as physician. (1S53, ch. 224, § 12.) what alien <\ g. The Commissioners of Emigration shall receive passengers J ° ce?vedbeinteo into the Marine, or other hospital for quarantine purposes, Hospital. all a|ien pasgengers for whom bonds shall have been given, or commutation paid, under the several acts of this Sfate relating to alien passengers arriving at the port of New York, who shall be affected with any contagious or infec- tious disease, and sent to such hospital by the authority of the Health Officer. They shall defray the expenses of such patients out of the moneys by them received on account of bonds or commutation. They shall also receive and pro- vide for all other patients or passengers who shall have landed from any vessel at the port of New York, affected with any contagious or infectious disorder, who shall be directed to be so received by the Health Officer, or the Board of Health ; they shall be entitled to receive for each person so admitted (other than aliens as above mentioned), at the rate of three dollars per week for their support and medical care, which shall be at the expense of the owner or consignee of any vessel in which such person shall have arrived, and from which they shall have landed, and no vessel shall be permitted to leave quarantine until such 48 expense shall have been paid, or secured to be paid to the satisfaction of the Com. of Emigration or theofficer duly au- thorized by them for such purpose. (1S49, ch. 350, § 13.) § 10. All officers and employees of the Marine Hospital, Employees^ except chaplains, shall be required to reside within the side- quarantine enclosure, and the Commissioners of Emigra- tion are hereby directed to provide suitable accommoda- tions for the same. (1853, ch. 224, § 7.) MISCELLANEOUS PROVISIONS. § 1. The Board of Health may supply any vacancy that ^™?££ may occur in the office of either of the Commissioners of J^Jta! Health of the city of New York, whether arising from the n temporary inability of the officer to discharge his duties, or otherwise; but the person so appointed shall hold his office only until such inability be removed, or the sense of the Governor, or of the Governor and Senate be declared. (Part II., ch. V., Title V., § 18, R. S.) § 2. Whenever any effects of a deceased person, of which Health om- . . . , . . cer to take the public administrator is authorized to take charge, shall charge of ef- r ° fects of per- be at the Quarantine at the time of the death of such per- sons dying at ^ i Quarantine. son, or shall arrive there afterwards, it shall be the duty of the Health Officer, or his deputy, whichever shall be present, to secure the said effects from waste and embez- zlement, and immediately to give information of such effects to the public administrator, to cause an inventory, or account thereof, to be taken, and to deliver the same to 49 the said public administrator, unless the said property be of such a description as ought not to be removed, or may be ordered to be destroyed under the laws concerning the public health. (R. S., Part II., ch. VI., Title VI., § 14. j Hospital § 3. The Health Officers shall not grant a permit to any moneys to be . . . „ -T paid before vessel subiect to quarantine, to approach the city of JNew vessel pro- j j. a a .. . ceeds. York beyond the place assigned for Quarantine, until satis- factory evidence shall be adduced, that all hospital money demanded from the master of such vessel has been duly paid, or until satisfactory security be given that the same will be paid. (1S54, ch. 172, § 6.) commission- & 5. The Commissioners of Emigration may, when in ers of Emi- y . gration to their opinion it shall seem necessary, appoint a proper per- boaraS v<£ son or persons, to board vessels from foreign ports at the S3ls- Quarantine Ground or elsewhere in the port of New York, having on board emigrant passengers, for the purpose of advising such emigrants, and putting them on their guard against fraud and imposition; and the Health Officer is hereby required to prevent any person or persons from going on board such vessels, which may be subject to ex- amination by him, until after the said person or persons, appointed by the Com. of Emigration, shall have had suffi- cient opportunity to perform their duty. (1S48, ch. 219, § 6.) Trustees of § 6. It shall be the duty of the said trustees {of the Sea- Fund and men-> s fpund and Retreat), to contract with the Health Com- Retroat to ' contract for missioners for the support of sick and disabled seamen who were subject to quarantine, and shall pay to the said Com- missioners the reasonable expenses, so contracted for, of all such sick and disabled seamen, during the time they shall be subject to quarantine, and remain at the Marine Hospi- tal under their direction. (1854, ch. 172, § 7.) 4 NATIONAL LIBRARY OF MEDICINE ^—*^ETHESDA 14, MD. jppor sick. PART II. GENERAL LAWS RELATIVE TO PUBLIC HEALTH, AND TO THE hkmml xrf Jfaisaittts* APPENDIX. AN" ACT OF CONGPvESS, RESPECTING QUARANTINE AND HEALTH LAWS. Passed February 25th, 1799. Quarantine, § 1. That the quarantines and other restraints, which &c, by the . laws of the shall be required and established bv the health laws of anv States, to be ■*• ^ J the6rofflcebrs State, or pursuant thereto, respecting any vessel arriving of the u. s. -^ or ]30un(] to, any port or district thereof, whether from a foreign port or place, or from another district of the United States, shall be duly observed by the collectors and all other officers of the revenue of the United States, ap- pointed and employed for the several collection districts of such State respectively, and by the masters and crews of the several revenue cutters, and by the military officers, who shall command in any fort or station upon the sea- coast ; and all such officers of the United States shall be, and they hereby are, authorized and required, faithfully to And to aid in aid in the execution of such quarantines and health laws, thereof. according to their respective powers and precincts, and as secretary of they shall be directed, from time to time, by the Secretary maful vary of the Treasury of the United States. And the said Secre- tary shall be, and he is hereby authorized, when a con- formity to such quarantine and health laws shall require it, and in respect to all vessels which shall be subject thereto, to prolong the terms limited for the entry of the same, and the report or entry of their cargoes, and to vary or dispense with any other regulation applicable to such reports and entries: Provided, that nothing herein 54 shall enable any State to collect a duty of tonnage or im- PrOTiS0- post without the consent of the Congress of the United States thereto ; and Provided, that no part of the cargo of any vessel shall, in any case, be taken out or unladen there- from, otherwise than as by law is allowed, or according to the regulations hereinafter established. ■'O' § 2. That when, by the health laws of any State, or by vessels, * ' J j j wben pro. the regulations which shall be made pursuant thereto, any bibited fr°m o i. ' J coming to vessel arriving within a collection district of such State, j^^y.^ shall be prohibited from coming to the port of entry or ™hCTcenelse' delivery by law established for such district, and it shall be required or permitted by such health laws, that the cargo of such vessel shall or may be unladen at some other place within or near to such district, the collector authorized therein, after due report to him of the whole of such cargo, may grant his especial warrant or permit for the unlading and discharge thereof, under the care of the surveyor, or of one or more inspectors, at some other place where such health laws shall permit, and upon the conditions and restrictions which shall be directed by the Secretary of the Treasury, or which such collector may, for the time, reason- ably judge expedient for the security of the public revenues ; Provided, that in every such case, all the articles of the cargo so to be unladen, shall be deposited at the Proviso. risk of the parties concerned therein, in such public or other warehouses, or inclosures, as the collector shall designate, there to remain under the joint custody of such collector, and of the owner or owners, or master, or other person having charge of such vessel, until the same shall be entirely unladen or discharged; and until the goods, wares, or merchandise, which shall be so deposited, may be safely removed without contravening such health laws ; Goods, &c. 55 ^y*'0 and when such removal may be allowed, the collector having charge of such goods, wares, or merchandise, may grant permits to the respective owners, or consignees, their factors, or agents, to receive all goods, wares, or merchandise, which shall be entered, and whereof the duties accruing, shall be paid or secured according to law, upon the payment by them of a reasonable rate of storage, which shall be fixed by the Secretary of the Treasury for all public warehouses and inclosures. warehouses § 3. That there shall be purchased or erected under the o be erect- ■L ■d- orders of the President of the United States, suitable ware- houses, with wharves and inclosures, where goods and merchandise may be unladen and deposited from any vessel which shall be subject to a quarantine, or other restraint, pursuant to the health laws of any State, as aforesaid, at such convenient place or places therein, as the safety of the public revenue, and the observance of such health laws may require. LAWS OF LS57, CHAPTER 440. Passed April 14, 1857. § 27. There shall be an executive department, known as the " City Inspector's Department," the chief officer of which shall be the " City Inspector," and shall have cog- nizance of all matters affecting the public health, pursuant to the Ordinances of the Common Council, and the lawful requirements of the Commissioners of Health and of the Board of Health. There shall be a bureau in the City Inspector's Department, to be called the "Bureau of Sani- 56 tary Inspection and Street Cleaning," under the control of an officer, named the " Superintendent of Sanitary Inspec- tion," and who shall render such services as may by ordi- nance attach to said bureau in cleaning the streets, and in the abatement and removal of nuisances detrimental to the public health of said city. There shall also be a bureau in this department, to be known as the " Bureau of Kecords and Statistics," and which shall be under the direction of the Registrar of Records, and in which bureau shall be kept all records which may by law or ordinance be required to be kept in said department. The coroners in and for the city and county of New York shall make return to the City Inspector of all inquisi- tions taken by them in the said city and county (except those charging homicide or felonious assault, which shall be filed with the clerk of the Court of General Sessions). There shall also be a bureau in this department for the inspection, regulation, and management of the public markets, the chief officer of which shall be denominated "Superintendent of Markets;" and it shall be the duty of the Croton Aqueduct Department, at all times, to per- mit the City Inspector to order the hydrants to be used for cleansing the streets, provided that such use shall not endanger the general supply of the Croton water, and shall be so used under such regulations as the Croton Aqueduct Board may prescribe. The City Inspector shall, after the passage of this act, appoint such number of inspectors, and sealers of weights and measures as now, or may hereafter exist, and who shall succeed to all the powers, and perform the duties, and 57 receive compensation as now by law prescribed, and shall hold office upon the same terms as chiefs of bureaux. Note.—The City Inspector is appointed by the Mayor, with the advice and consent of the Board of Aldermen (1857, Chap. 446, §§ 19, 21, 49), the salary being as fixed by Ordinance approved by the Mayor, Dec. 17, 1857. 5S Extract from Revised Statutes (5th ed.,vol. Ill, Title II). DUTY OF COUNTY OLERK IN" CITY AND COUNTY OF NEW YORK, WHEN INFECTIOUS OR CONTAGIOUS DISEASE MAY PREVAIL IN SAID CITY, IN RELATION TO KEEP- ING A REGISTRY OF NAMES OF PERSONS AND FIRMS, REMOVING FROM INFECTED DISTRICT. § 12. Whenever the Board of Health of the city of New York, or any other competent authority, shall, by public notice, designate any portion or district of said city as being the seat of any infectious or contagious disease, and declare communication with such portion or district dangerous, or shall prohibit such communication, it shall be the duty of the clerk of the said city and county, during the continu- ance of such disease in such district, to provide and keep in his office a book for the purpose of registering, in alpha- betical order, the names, firms, and places of business of any inhabitant of the city, who shall desire such registry to be made. (Laws 1826, p. 12, § 1 and 2.) § 13. It shall be the duty of all persons and firms usual- ly resident or doing business within such infected district, to register in the book so provided by the said clerk, their names or firms, with the place or places out of such infected district, but within the county of New York, to which they may have removed the transaction of their business, or to which they may desire any notices to be sent or served, or any notes, drafts or bills to be presented for acceptance or for payment. The sum of twenty-five cents may be claimed and received by the said clerk for every such registry ; but the book in which the same shall be entered, shall be at all times, during office hours, open to public examination, free of all charges. (Same.) 59 ^14. During the continuance of any such disease in such infected district, all drafts, notes, and bills, which, by law, are required to be presented for acceptance or for payment, may be presented for such purpose at the place so desig- nated in such registry ; and all notices of non-acceptance, and of non-payment of any note, draft, or bill, or of protest for such non-acceptance or non-payment, may be served by leaving the same at the place so designated. (Same.) % 15. In case any person or firm, usually resident or doing business within such infected district, shall neglect to make and'cause to be entered in the book so provided, the registry herein required, all notes, drafts, or bills, which by law are required to be presented to such person or firm, for acceptance or for payment, may be presented to the said clerk of the city and county of New York, during the continuance of such disease, at any time during office hours; and demand of acceptance or payment thereof may be made of the said clerk, to the same purpose and with the same effect as if the same had been presented, and acceptance or payment demanded, of such person or firm, at their usual place of doing business. (Same.) § 16. In case of the omission to make the registry herein required, all notices of the non-acceptance or non-payment of any note, draft," or bill, or of protest of such non- acceptance or non-payment, maybe served on any person or firm usually resident or doing business within such infected district, by leaving the same at the post-office for the said city of New York, which service shall be as valid and effectual as if the notices had been served personally on such person, or one of such firm, at his or their usual place of doing business. (Same.) 60 § 17. Whenever proclamation shall be made, by the Board of Health or other proper authority of the city of New York, that an infectious or contagious disease in any such infected district has subsided, it shall be deemed to have subsided, for all the purposes contemplated in this title. (Same.) 61 Laws of 1857—Chapter 396. AN ACT TO PUNISH NUISANCES AND MALICIOUS TRES- PASSES ON LANDS. Passed Apeil 13th, 1857. The People of the State of New York, represented in Senate and Assembly, do enact as follows : %1. Any person who shall hereafter intrude, or squat, upon any lot or piece of land situated within the bounds of any incorporated city or village, without license or au- thority from the owner thereof, or who shall place thereon any hut, hovel, shanty, or other structure, without such license or authority, or who shall place, erect, or occupy, within the bounds of any street or avenue of such city or village, any hut, hovel, shanty, or other structure, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment in a county jail not exceeding six months, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. § 2. The owner of any lot or piece of land within the bounds of any incorporated city or village, may give notice to any intruder or squatter who may have heretofore in- truded or squatted thereon, or who shall have succeeded to any other intruder or squatter thereon, to quit the same, on a day to be specified, which shall not be less than ten days thereafter, which notice may be left upon the prem- ises, addressed to the occupant or occupants thereof, without specifying their names; and in case such intruder or squat- ter shall not quit the said premises at or before the expira- tion of the time specified in such notice, he and they shall be deemed guilty of a misdemeanor, and, upon conviction, 62 may be punished by fine or imprisonment, or both, in the manner and to the extent provided in the preceding sec- tion. § 3. The owner of said lot or piece of land upon which any hut, hovel, shanty or other structure shall or may have been placed, without his previous license or authority, may cause the same to be removed and abated, and the intruders or squatters thereon to be removed from the said lot or piece of land, at any time after the expiration of the ten days, or other time specified in the notice in the next preceding section mentioned, {a) (a) Frequent complaints are made to the City Inspector—sometimes by the owners of the land—of the existence of nuisances on certain open lots, by unauthorized persons, who have located thereon: for this reason, the foregoing act has been included herein, for information as to the law to effect the removal of such persons, and the abatement of any nuisance. 63 Laws of 1858—Chapter 226. PROHIBITING THE DUMPING OF NIGHT-SOIL, &c, INTO DOCKS OR SLIPS. § 4. Every person willfully throwing or putting any stones, earth, shavings, night-soil, dirt or rubbish, into any dock or slip in the port of New York, or on any public pier or bulkhead, in said port, shall forfeit and pay to the commissioners the sum of twenty-five dollars for each offense; one-half of all fines recovered under this section shall be for the use of the person or persons lawfully entitled to the occupation of such docks, slips, or piers. Whenever any horse or cart shall be employed in dump- ing stones, earth, shavings, night-soil, dirt or rubbish, into any dock or slip, or on any public pier of the port of New York, the fine prescribed by this section shall be a lien, until paid, upon such horse and cart. (Laws 1857, amended 1858.) Laws of 1851—Chapter 455. IN RELATION TO NUISANCES ON OR NEAR THE BOUND- ARY LINES OF THE COUNTIES OF NEW YORK, WEST- CHESTER AND QUEENS. § 1. Whenever any nuisance shall be erected or con- tinued, on or near the boundary lines of the counties of New York, Westchester and Queens, the same, and the persons by whom such nuisance shall have been erected or continued, may be indicted in either county injuriously affected thereby; and thereupon the same proceeding shall 64 be had and taken, and the sentence of the court may be enforced in the same manner, as if the said nuisance was situated within the county in which the indictment was found. § 2. The record of any conviction under this act shall be filed in the clerk's office of the county in which such nuisance is located; and thereupon process shall be issued to the sheriff of such county to abate such nuisance, in the same manner as if the conviction was had in the county in which the record was filed, (a) (a) See K. S., 5th ed., Vol. Ill, page 1019, Title 4, Art. 2. 65 Laws of I860—Chap. 259. EXTRACTS FROM "AN ACT TO AMEND AN ACT TO ES- TABLISH A METROPOLITAN POLICE DISTRICT," &o. Passed April 10th, 1860. § 29. It is hereby made the duty of the Metropolitan Police force, at all times of the day or night, within the said Metropolitan Police District (a), and the members thereof are accordingly hereby thereunto empowered, to especially preserve the public peace, prevent crime, detect and arrest offenders, suppress riots and insurrections, protect the rights of persons and of property, guard the public health * * * ; remove nuisances existing in public streets, roads, places and highways * * * ; enforce every law relating to the suppression and punishment of crime * * * , or the public health, or any ordinance or resolution of Com- mon Councils, or town or village authorities within the said district, applicable to police, health, or criminal procedure. ********* § 30. The several members of the police force shall have power and authority to immediately arrest, without war- rant, and to take into custody, any person who shall com- mit, or threaten, or attempt to commit, in tbe presence of such member, or within his view, any breach of the peace, or offense, directly prohibited by act of the Legislature, or by any ordinance of the city, town or village within which the offense is committed, threatened, or attempted; but such member of the police force shall immediately and without delay, upon such arrest, convey in person such {a) The Metropolitan Police District is constituted of '' the counties of New York, Kings, Westchester, and Richmond, and the towns of Newtown, Flush- ing, and Jamaica, in the county of Queens." (18G0, ch. 259, § 2.) 5- 66 offender before the nearest magistrate, that he may be dealt with according to law. § 51. It shall be the duty of the Board of Metropolitan Police District, to set apart a Metropolitan Sanitary Police Company, and to assign to command of each of said com- panies either a captain or sergeant of Metropolitan Police, and to assign to each company such special duties, by the rules and regulations, as may be publicly advantageous. § 52. The Metropolitan Sanitary Company are hereby empowered, under such distribution of power and duty as may be made by the rules and regulations, to visit and make inspection of all ferry boats, manufactories, slaughter houses, tenement houses, and edifices suspected of or charged with bring unsafe {a), and to take all necessary legal measures for promoting the security of life or health, upon or in said boats, manufactories, houses and edifices; and to make report of inspection and action in the premises to the Board of Metropolitan Police. Whenever said Board shall be satisfied by such report, that any ferry boat, manu- factory, slaughter house, tenement house, or edifice, is maintained in a manner prejudicial to the lives or health of the public, it shall, after due entry upon its minutes of the circumstance, cause complaint to be made, founded upon such report and circumstance, before any magistrate of the Metropolitan District, who shall, in a summary way, upon such complaint, made under oath, issue his proper warrant, reciting therein the name of the member or members of the Metropolitan Sanitary Police Company, for the arrest of the (a) In relation to unsafe buildings, See Laws 1860 (ch. 470, passed April 17, 1860), for an Act entitled " An Act to provide against unsafe build- ings in the city of New York." 67 person in charge of such ferry boat, manufactory, slaugh- ter house, tenement house, and edifice, to the end that he may be brought before such magistrate, and the complaint of insecurity, of the life or health of the public so made, be duly investigated, according to the law of examination into misdemeanors. If said magistrate shall be satisfied, on a summary hearing thereof, that such charge of insecu- rity of the lives or health of the public, is founded on rea- sonable and probable cause, he may, by his order, in writ- ing, command any such ferry boat to cease running, or any business in such manufactory or slaughter house to cease, until the cause of complaint aforesaid shall be removed, to the satisfaction of the Board of Metropolitan Police. § 53. The Board of Metropolitan Police may, by its order, in writing, cause any tenement house to be cleansed at any time after three days' notice for such cleansing shall have been served upon the owner, landlord or agent there- of, and within such time the same has been neglected. The expense of taking down any edifice, or of cleansing any tenement house, as aforesaid, shall be paid by the Comp- troller of the city within which the said edifice or house is situated ; a copy of the order of the Board, in writing, together with the bill of expense, countersigned by the Comptroller aforesaid, with a description of the premises and real estate thereof, being filed with the Clerk of the county, shall become and continue a lien for the amount of such repair, with interest upon said premises, to the same ef- fect as a judgment of a court of record, until such time as the Comptroller, on re-imbursement of said expenses and inter- est, shall, in writing, authorize the said County Clerk to discharge the same. § 54. The said proceedings of the Board of Metropolitan 68 Police, or of the magistrate acquiring jurisdiction as afore- said, may be removed into the Supreme Court, by certiorari, for examination. The acts of the said Board, when in accordance with the provisions aforesaid, shall be deemed judicial acts. § 70. The Board of Police shall, at all times, cause the ordinances of the cities of New York and Brooklyn, not in conflict with the provisions of this act, to be properly en- forced (a); and it shall be the duty of said Board, at all times, whenever consistent with the rules and regulations of the Board, and with the requirements of this act, to furnish all information desired. (a) See §§ 29, 30 of this act. 69 Laws of I860—Chapter 509. EXTRACT FROM AN ACT ENTITLED " AN ACT TO ENABLE THE SUPERVISORS OF THE COUNTY OF NEW YORK TO RAISE MONEY BY TAX FOR CITY PURPOSES, &c. Passed Apeil 17th, 1860. & 4.. * * * * * * #** The appropriation hereinbefore provided and author- ized for the cleaning of streets, shall apply upon any authorized agreement or contract entered into therefor, for any term of years not exceeding five; and it is hereby declared lawful for the Mayor and Common Council to authorize and make, or cause to be made, any agreement or agreements, contract or contracts, for cleaning the streets of the city of New York, and to which the said, or kindred appropriations apply, for and during a term of years not to exceed five. ****** The proposals for said contracts, shall be advertised in such newspapers as may be designated by said Common Council, and the contract or contracts shall be awarded, as in the judgment of the Mayor and Common Council shall be for the interest of the city. The work under said contract or contracts, shall be per- formed under the supervision of the City Inspector. The party or parties to whom such contract or con- tracts may be awarded, shall give such surety as may be prescribed by the Mayor and Comptroller. 70 POWER CONFERRED ON THE COMMON COUNCIL TO MAKE BY-LAWS AND ORDINANCES FOR; PROMOTING TJIE PUBLIC HEALTH, &v. Revised Act of 1813, Chap. 86, R. S. § 267. And be it further enacted, that the Mayor, Alder- men and Commonalty of the said city, in Common Coun- cil convened, shall have full power and authority to make and pass such by-laws and ordinances, as they may 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 East River, or Sound, as they may from time to time think proper, to be filled up with wholesome earth or other solid materials, so far into the said rivers respectively, as they shall from time to time deem expedient for promot- ing the health of said city ; and for compelling the pro- prietors of such lots, to raise and fill up the same with such materials, and in such manner, and within such times, as the said Mayor, Aldermen and Commonalty, 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- structing them in future, and for causing subterraneous drains to be made from the same, where they may think it necessary ; and for regulating, or if they find it necessary, preventing the interment of the dead within the said city; and for the better regulating of boarding houses and taverns 71 in the said city, and the preventing the resort of crowds of disorderly persons to them ; and for preventing the dig- ging or turning up of made ground or grounds, formerly covered with water, during the summer months, without their permission. 72 MISCELLANEOUS. EXTRACTS FROM LAWS IN RELATION TO VIOLATION OF ORDINANCES OF COMMON COUNCIL, BEING DEEMED AND PUNISHABLE AS MISDEMEANORS. Laws of 1833—Chapter SI. Passed Jan. 23, 1833. § 20. It shall be lawful for the Mayor, Aldermen and Commonalty of the city of New York, in Common Coun- cil convened, to pass such ordinances as they may deem necessary for the regulating and licensing of keepers of ordinaries, or victualing houses, or where fruit, oysters, clams, liquors, or meats, shall be sold; and for the licens- ing and otherwise regulating the use and employment of dirt carts, and to prevent or regulate the firing of any fire- arms, the firing or setting off any squibs, gunpowder, rockets, or fire-works, in said city, (a) $ 21. And all persons offending against such ordinances shall be deemed guilty of misdemeanor, and be punished, on conviction before any of the magistrates described in the second section of this act (the Mayor, Recorder, or one of the Aldermen, or Special Justices of the said city), by a fine not exceeding ten dollars ; or in default of the pay- ment of such fine, by imprisonment, provided such impris- onment does not exceed ten days, {b) (a) In reference to the powers of the Common Council to adopt ordinances "Useful or necessary for the good rule and government of the body corpo- rate, and all officers, inhabitants, and residents of the city, within the limits thereof," valuable information will be derived from reading the Comment of Chancellor Kent on 14th sec. of the Charter of 1730. (See Kent's Charter and Notes, pp. 228.) (o) Made applicable to all penal ordinances. See Laws of 1853, Ch. 228, § 5, on the next page. 73 Laws of 1853—Chapter 228. (Police Act.) § 5. Sections twenty and twenty-one of an act entitled " An Act Relative to the Powers of the Common Council of the City of New York, and the Police and Criminal Courts of said City" passed January 23, 1833, shall apply to all penal ordinances passed by the Common Council of said city. Laws of 1849—Chapter 190. § 1. No ashes, offal, vegetables, or garbage shall, at any time, be cast or laid in any street, lane, or alley, in the city of New York, but shall be placed in some suitable vessel, for removal, in such manner as the Common Council of said city shall by ordinance direct. § 2. No dross, cinders, shells, straws, shavings, dirt, filth, or rubbish of any kind whatsoever shall, at any time, be cast or laid in any lane or alley of said city, or in any pub- lic square or place therein. § 3. The Mayor, Aldermen and Commonalty of the city of New York, in Common Council convened, are hereby authorized to declare offenses against the provisions of this act to be misdemeanors, and to prescribe punishment there- for, by fine of not more than ten dollars, and imprison- ment in the city prison, of not more than ten days.* § 4. The Justices of the Assistant Justices' Courts in said city shall have jurisdiction to hear and determine all com- plaints arising under this statute. 8 Questionable. I PART III. ORDINANCES OF THE COMMON COUNCIL OF THE CITY OF NEW YORK, RELATIVE TO THE ORGANIZATION AND DUTIES f 77 CHAPTER I. OF THE CITY INSPECTOR'S DEPARTMENT ART. I. Of tiie General Cognizance of the City Inspector's Department, and Bureaux therein. II. Of the City Inspector, His Duties, Powers, etc. III. Of the Bureau of Sanitary Inspection and Street Cleaning. IV. Penalty foe Disobeying Order of City Inspector, and Providing for Collection of Money Expended for the Abatement of Nuisances. ARTICLE. I. Section 1. General cognizance of the City Inspector's Department. 2. Of the Bureaux in the City Inspector's Department. General cog- § 1. The City Inspector's Department shall have cog- tnfaty iS- nizance of all matters affecting the public health, pur- Deplnment. suant to the Ordinances of the Common Council and the lawful requirements of the Commissioners of Health, and of the Board of Health; of cleaning the public streets ; of the superintending, inspection, regulation, and manage- ment of the public markets ; of the inspection and sealing of weights and measures ; and of the location and control of the public pounds. {R. O. 1859, Ch. VII., Art. I, Sec. 1.) {a) (a) The resolution adopted by the Mayor and Commissioners of Health, by authority of whom this compilation has been made, only requires such pro- visions of the laws and ordinances as relate to the public health to be included herein. Therefore, while the duties of the City Inspector, and of the Bureau of Sanitary Inspection, are given in full, those which devolve upon officers of the Department, other than which relate to sanitary meas- ures (as, generally, those of the Superintendent of Markets, in the regulation of markets, &c.,) have been omitted. 78 § 2. There shall be four bureaux in the City Inspector's th3re^reaus Department, as follows : 1. The Bureau of Sanitary Inspection and Street Clean- ing. 2. The Bureau of Records and Statistics. 3. The Bureau of Markets. 4. The Bureau of Weights and Measures. {Same, § 2.) AETICLE II. Section 3. Of the City Inspector. 4. To give bond. 5. Salary. 6. Duty of the City Inspector in relation to nuisances. 7. To remove putrid and unsound meats, dead animals, etc. 8. To cause inspection of sinks, privies, and cesspools. 9. To license night scavengers, and make regulations for their governance. 10. To keep a register of sinks, privies, &c, inspected. 11. To make examination of boarding and lodging houses, when directed by the Board of Health. 12. Id. 13. To obey orders of the Board of Health. 14. To file reports made by measurers and others. 15. To report places dangerous, and measures necessary to be taken to preserve the public health. 16. Id. 17. Id. 18. To keep a registry of deceased persons. 19. To publish weekly report of deaths. 20. In relation to the expenditure of money, and the filing of vouchers in the City Inspector's Department; report of delinquencies therein, and suggestions for the improvement thereof. 21. The City Inspector empowered to enter, and to authorize per- sons to enter, into any premises in the day-time, etc. 22. The City Inspector may order the abatement of any nuisance. 23. The City Inspector may enforce such order by abatement. 24. Slate for the reception of complaints to be kept at the Police Station Houses. 25. City Inspector permitted to use the Croton water for cleaning the streets. 79 28. City Inspector may grant permits to empty sinks, privies, etc. 27. City Inspector, with the written consent of the Mayor, may grant permits for dis-interment, and removal of remains of deceased persons. 28. Certain powers conferred on the City' Inspector in relation to cleaning streets, inspection, regulation and management of markets, etc., etc. 29. First and Second Clerks ; their duties and salaries. 30. Messenger and Assistant; salaries. city inspect- § 3. The chief officer of the City Inspector's Department shall be denominated the City Inspector. (1859, Ch. VII., Art. II., § 3.) to give bond § 4. The City Inspector, before entering upon the duties of his office, shall execute a bond to the Corporation, with at least two sureties, to be approved by the Mayor, and filed in the office of the Comptroller, in the penal sum of ten thousand dollars, conditioned for the faithful perform- ance of the duties of his office. (Same, % 4.J salary. §5. The City Inspector shall receive an annual salary of five thousand dollars. {Same, § 5.) Duties as to § 6. The City Inspector shall take all necessary meas- ures to ascertain every nuisance Which may exist in the city of New York, and to cause it to be forthwith removed. {Same, % 6.) to remove § 7. He shall cause all putrid and unsound beef, pork, unsoundan fi^ hides, or skins, all dead animals, and every putrid, meat, dead ' . animals, &c. 0ffensiVe, unsound, or unwholesome substance tound m any street, or other place in the city, to be forthwith re- moved and disposed of by removal beyond the limits of the city, or otherwise, so as most effectually to secure the public health (a). (Same, % 1.) ^^_________ ~(a) The same as §386, Ordinance passed May 30, 1849, and amended by §9 of an Ordinance passed April 15, 1853. The greater part of this article is taken from Ordinances of 1839, and that " Organizing the departments, etc.," passed 1849. 80 § 8. He shall inspect, or cause to be inspected, all privies, J^JJ™9 ^ sinks, and cesspools in the city of New York, and see that icsjk&c.pm" the same are built according to law. (Same, § 8.) § 9. He shall license such persons as may be proper to q. j^11^! act as night scavengers, all or any of whom he may at any „ake reg^ time displace, and appoint others in their stead; and he shall tlons- make such rules and regulations for their government as he may deem proper. {Same, <§> 9.) Register of § 10. He shall keep a register, in which he shall enter ^30ti™j°.f the situation of all such sinks and privies as he shall author- Ies' ic' ize to be emptied, and the days on which the emptying thereof shall be required. (Same, § 10.J § 11. He shall cause all such boarding and lodging houses Examination as the Board of Health shall direct, to be examined, and and Lodging -r» p -i Houses. shall report to that Board the number of each house, and the name of the street on which it is situated; the name of the tenant or occupant, the number of lodgers or board- ers therein, with their names and occupations; the num- ber of apartments therein, and the apartments used as lodging rooms. (Same, § 11.J §12. He shall inspect, or cause to be inspected, all houses n,^ reported as mentioned in the last section, as often as he shall deem necessary, and at least once in each week between the first day of May and the first day of No- vember, in each year. (Same, § 12.) § 13. He shall obey all orders and instructions given by city inspect- the Board of Health, pertaining to the performance of all orders ofey or any of his duties. (Same, % Id.) Health. § 14. He shall receive and file in his office all reports To me re- ports made SI by measur- directed to be made to him by measurers, weigh masters, ers and oth- ers- and inspectors ; and shall make an aggregate report there- of to the Common Council during the month of January in each year. (Same, § 14.) Report 6,15. He shall, from time to time, report to the Com- places and •> "es«Ir"esnto mon Council respecting all lots, yards, buildings, cellars, puwteteiSh alleys, sinks, vaults, cesspools, privies, public and private docks and slips, and common sewers, which shall require cleaning, altering or repairing, in order to preserve the health of the city. {Same, § 15.) ibid. § 16. He shall report to the Common Council and to the Board of Health, all circumstances which shall come to his knowledge, endangering the health of the city, or preju- dicial thereto. (Same, § 16.J Keep re- $17. He shall report to the Common Council suitable cord of or- . dinances,&c. ordinances for the correction and removal oi nuisances, and when the same shall be passed, shall record them in his office, and cause copies thereof to be served on the persons whose duty it shall be to correct, abate, or remove such nuisances. {Same, § 17.J to keep a $ is. He shall keep a register of the names of all persons registry of s i o j. deceased returned as dead, which shall be open, at all convenient persons. ■L times, to public inspection. (Same, § 18. J weTe°kipublreh § *9- He shall publish, on Tuesday of each week, in the drathf. Corporation papers, a list of the deaths occuring in the pre- ceding week, specifying the number of deaths in each ward, with the sexes, ages, and diseases of the persons so dying; and during the month of January in each year, he shall report to the Common Council, and publish in like manner, the whole number of deaths in the city during the pre- 6 82 ceding year, with the sexes, ages, and diseases of the per- sons so dying. (Same, $ 19J $ 20. All moneys payable by the Corporation for the t0Incr^™ performance of contracts, or for work done under or by^f^^J; direction of this department, shall be paid by the Comp- ]"g \™f"^- troller, in pursuance of the provisions of the Charter; and paAment. °" the City Inspector shall, on the first Thursday of each month, render to the Comptroller a full statement, under oath, of the receipts and expenditures of his department; and all the accounts, vouchers, and certificates, relating thereto, shall be kept and filed in the office of the City In- spector ; and he shall superintend the enforcement of all ordinances relating to his department, and have power to employ all necessary assistance for that purpose, and shall Cit>" Iu *- J J jr x ' spector to re- repOl't to the Common Council all delinquencies therein ; ^encieselin" and shall, from time to time, suggest to the Common Council such alterations or improvements in the ordinances suggest un- connected with the department, or any branch thereof, as in the ordi- i -i / o r \ nances. he may deem proper. {Same, % 20.) $ 21. He may enter into any premises, at any time city iuspec- . tor mav eu- between sunrise and sunset, and examine any building,ter into p™- J ° inises in the cellar, vault, sink, cesspool, privy, lot, yard or alley, in day-time- the city. {Same,%2\^) $ 22. He may, by an order in writing, direct any nuis- city inspec- 1 tor may or- ance to be abated, or unwholesome matter or substance to der abat0 ment of nui- be removed, and may prescribe the time and mode of doing sances- so, and the place to which such offensive or unwholesome matter or substance shall be removed. {Same, $ 22.) $ 23. He may cause the nuisance to be abated, or the May enforce ^ 'the abate matter or substance to be removed, in case of a neglect or ment- S3 refusal to comply with such order by the person whose duty it is to comply therewith, after he shall have been personally served with a copy of the order. {Same, $ 23.} kSt at° £o- $ 21. He shall have a slate, with the names of the Street houses* 'for Inspector and Health Warden of each ward, placed in complaints, every station house in the city, for the information of the public, and for the purpose of receiving such complaints as may be made in case of neglect on the part of the con- tractors for cleaning the streets, in performing their work. {Same, $ 24.) maT^" $ 25. He shall be permitted by the Croton Aqueduct £7reectseamng Board to use hydrants for cleaning the streets, under the regulations of that Board. {Same, $ 25.) Permits may _ ... . . , . be granted $26. He may grant permission to empty any sink, privy, sinks, priv- or cesspool, which may, in his judgment, require to be emptied, when the public health will not be endangered thereby. {Same, $ 26.) be™venmato $ 27. He may, with the written consent of the Mayor, disinter and .,/>,, i o j i • r remove re- grant a permit for the removal oi the remains oi any per- mains of de- ° L . . ceased per- son interred within the city, to a place without the same, sons. J x on the application of a relative or friend of such person, when there shall appear no just objection to the same. {Same, $ 27.) certain pow- $28. He shall have such powers and duties as were ers conferred -i deaninionto heretofore imposed on the late Commissioner of Streets and SSofegu" Lamps, relative to the Bureau of " Cleaning streets," and " The inspection, regulation, and management of the public markets," and " The inspection of weights and measures," and " The keeping of the public pounds," so far as the same are not conflicting with other ordinances. {Same, $ 28.) markets, &c. 84 $ 29. There shall be two clerks in the City Inspector's J^ aud office, who shall be denominated First and Second Clerks, ^X their and who shall perform such duties connected therewith, as may be required by the City Inspector. The salary of the First Clerk shall be fifteen hundred dollars per annum. The salary of the Second Clerk shall be twelve hundred dollars per annum. {Same, $ 29.) $ 30. There shall be a Messenger in the City Inspector's and^a^is't- office, at an annual salary of eight hundred dollars ; and an salaries. Assistant Messenger, at an annual salary of seven hundred dollars. {Same, $ 30.) ARTICLE III. Section 31. Of the Bureau of Sanitary Inspection ; salary of Superintendent. 32. Bond. 33. Duties of the Superintendent of Sanitary Inspection. 34. To make estimates for cleaning the streets. 35. To keep account of the time of employe'es. 36. To report violation of agreements to clean the streets by con- tractors ; also, in relation to encumbrances. 37. Of the powers of the Superintendent of Sanitary Inspection ; to audit accounts for work done ; Comptroller not to pay bills without approval and requisition. 38. Superintendent of Sanitary Inspection to be under the direction of the City Inspector. 39. First and Second Clerks in the Bureau of Sanitary Inspection ; their services ; salaries. 40. Street Inspectors ; duties ; compensation. 41. Inspectors of meats and articles of food and provision; in- spection of slaughter houses, meat shops, and other places ; empowered to seize and remove unsound and unwholesome veal, beef, etc., etc., etc.; salaries of Inspectors. 85 42. Complaint Clerk ; duty of; salary. 43. Inspector of scavengers' carts, etc. 44. Health Wardens; services required ; compensation. sanitaTy i°f §31. This bureau shall be under the control of an officer spection. ^0 ^e ca]^ed the "Superintendent of Sanitary Inspection," salary of su- who shall receive an annual salary of two thousand five ent. hundred dollars, which shall be inclusive of allowance for a horse and wagon. {Same Ch., Art. III., $ 31.) Bond. $ 30, T^e Superintendent of Sanitary Inspection, before entering upon the duties of his office, shall execute a bond to the Corporation, with one or more sureties, to be approved by the Comptroller, in the penal sum of five thousand dollars, conditioned for the faithful performance of the duties of his office. {Same, $ 32.) ^•intendont § 33, ^he Superintendent of Sanitary Inspection shall inspSuom7 liave cognizance and charge of the cleaning of the public streets, and the control and management of the Corpora- tion }-ard. It shall be his duty to cause to be made, annually, an inspection of the sanitary condition of the city, between the first day of November and the first day of June following; and such inspection shall be made in such manner, and returns of the same be prepared and ■ made in such form, as the City Inspector shall direct. He shall also cause the investigation of all nuisances endanger- ing the public health, and their abatement or removal, in such manner as the City Inspector may direct. He shall supervise all the inspections which are now, or shall here- after be ordered, to be made by the City Inspector's De- partment, such inspections to be in accordance with, and returns to be made in such forms as the City Inspector may direct. He shall, from time to time, report to the S6 City Inspector all facts within his knowledge relating to or affecting the public health. {Same, $ 33.) $ 31. The Superintendent of Sanitary Inspection shall J°m™f™ *0S; make estimates necessary to, or connected with, the clean- sireets.g ing of streets, when required by the City Inspector. {Same, $ 34.) $35. He shall keep correct accounts of the time of c°unktese£f ac' men employed in his bureau, and of the work upon p™yee°sf em' which they are engaged, and the expense attending the same, when it is not done by contract, and shall report the same, once in each week, to the City Inspector. {Same, $ 35.) $ 36. He shall forthwith report to the City Inspector all ^S1 ^ violations of any agreement for cleaning the streets, and to'ciea^ents -ii.i , r. -i streets; and every omission or neglect on the part oi any person whose ot ordinances duty it is by any law of the State, or by any ordinance or re- incumm-an- solution of the Common Council, to inspect the streets or roads, or to prevent any incumbrance thereof, and if such neglect shall occur on the part of any policeman, or officer of the police, he shall, in like manner, report the same, forthwith, to the Police Commissioners. {Same, $ 36.)* $ 37. The Superintendent of Sanitary Inspection, shall g/^mtLd- render such services relative to the duties of the City tarV^nspec- Inspector's Department, as he may be required by the CitytI0n' Inspector, and for that purpose he shall have, exercise, and possess, all the powers and duties by law or ordinance con- ferred upon the City Inspector, whilst acting under the direction of the City Inspector. He shall examine, audit, To audit ac- X. counts for and certify to the City Inspector, all accounts for work work done- ss For the duty of Policemen, see Laws of 1860, Chap. 259, ante, page G5. ^7 done under his supervision, and no requisition shall be drawn for any bills, accounts, or contracts for cleaning the streets, unless certified by the Superintendent of Sanitary nTrto0lpay Inspection ; and the Comptroller shall not pay any bill or app1ovau°nd money for the work of street cleaning, either by contract or otherwise, unless the same shall be audited and approved, as herein provided, and approved by the City Inspector, and paid upon his requisition ; and no payments chargeable to any appropriation to be disbursed or ex- pended by the City Inspector's Department, shall be made by the Comptroller, unless so approved by the City Inspector. {Same, $ 37.) xipermten- $ 38. The " Superintendent of Sanitary Inspection" dent to lie L . . under direo- shall, in all matters, be under the direction, control, and tion of City . . , inspector, supervision of the City Inspector; and the " City In- spector" may approve or disapprove all accounts certified by him, and by whom alone all requisitions upon the "Comptroller" for payment thereof, shall be drawn {Same, $ 38.) First and $ 39. There shall be two clerks in this bureau, to be second clerks J iQ BtureauTof denominated First and Second Clerks to the " Superin- bamt iry In- r. spection. tendent of Sanitary Inspection," who shall keep the accounts thereof, and prepare all estimates and other services, papers appertaining thereto, and who shall perform such other duties connected therewith as shall be directed by the Superintendent of Sanitary Inspection. The First salaries. Clerk shall receive, annually, for his services, twelve hun- dred and fifty dollars, and the Second Clerk shall receive an annual salary of one thousand dollars. There shall also comSt1"1 be a " Ticket and a Complaint Clerk" in said bureau, who each shall receive an annual salary of eight hundred and fifty dollars. {Same, $ 39.) 8S $40. There shall be an "Inspector" in each ward of Ptl"eet Iu- * ■£ spectors. the city, to be called the " Street Inspectors," whose duty it shall be, under the direction of the " Superintendent of Sanitary Inspection," to attend to the condition of the streets in the various wards for which they were appointed, and to report to the " Superintendent of Sanitary Inspec- Duties. tion" the condition of the streets, and all violations of any contract for street cleaning, and shall each receive for his services the sum of three dollars per day. {Same, $ 40.) ti0n°mpensa $ 41. There shall be in said bureau of " Sanitary Inspec- inspectors oi •' x meats and tion and Street Cleaning," an " Inspector, and seven Assist- ^cles an°af ant Inspectors of meats and articles of food and provision," PrOTisions- whose duty it shall be, under the direction of the " City Inspector" and the " Superintendent of Sanitary Inspec- tion," to visit and inspect all slaughter houses, meat shops, inspection 1 ° ' i ' of Slaughter butcher shops, poultry and fish stands, stores, or other gh°0u^j.cleat places, kept for the sale or exposure for sale, of any'kind of meats, poultry, fish, or any articles of provision or food, in any place in the city other than the "public markets," and seize and remove any and all unsound, unhealthy, To seize and * J remove un- putnd or unwholesome veal, beef, pork, fish, poultry, or u™n£ole aud any article of food, and to take all measures for the detec-sb°e^ &cvca1' tion and prevention of the sale of all such unsound, un- wholesome articles of food, and to secure a strict enforce- ment of the laws and ordinances relative thereto ; and make full report of the same to the said Superintendent. The salary of the " Inspector " shall be the sum of one thousand SaIaries dollars per annum; the salary of each Assistant shall be nine hundred dollars per annum. (Same, $ 41.) $ 42. There shall be a clerk in this bureau, who shall be complaint called the " Complaint and Pay-roll Clerk to the Superin- °lerk' tendent of Sanitary Inspection," and perform such duties Duty of S9 relative to the complaints and pay-rolls of the street clean- ing branch of the said bureau, as said Superintendent may salary. direct, who shall receive an annual salary of six hundred dollars. (Same, $ 42.) inspection of $ 43. There shall also be an officer in this bureau, to be Scavengers' J carts, &c. called the " Superintendent of Night Scavengers' Carts and Dumping Piers," whose duty it shall be to inspect all night- scavengers' carts, and superintend the removal of night- soil at the several piers set apart for that purpose, who shall receive the sum of three dollars per day. (Same, $ 43.) denasth War § ^' ^ie health Wardens of the city shall perform services. such services in the investigation, abatement and removal of nuisances as the City Inspector or Superintendent .of Sanitary Inspection shall or may direct, and they shall be appointed as by law provided, and shall each receive the tion°mpensa sum °f three dollars per day. (a) (Same, $ 44.) . . " ARTICLE IV. Penalty for disobedience or neglect of order of the City Inspector to abate nuisance. Expense of abatement by the City Inspector, to be paid by person liable, within twelve hours after demand. Penalty for obstructing or molesting the City Inspector, officer of the Board of Health, or person lawfully appointed by the City Inspector. Nuisances, deemed detrimental to public health, may be forth- with abated by the City Inspector, Expense of abatement; how collected from owners. Section 45. 46. 47. 48. 49. (a) The number of Health Wardens, by resolution of the Board of Health, adopted May 6, 1853, was fixed at one to each ward in the city. 90 $ 45. Any person who shall neglect or refuse to obey r?™]ty. for ' J L ° » disobeying an order of the City Inspector, to remove, correct, or abate °agCTc°torCity a nuisance, by the expiration of the time mentioned in such order, or neglect or refuse to obey any or either of the directions of said order, shall forfeit and pay for every such offence the sum of fifty dollars; and in addition thereto, all the expenses of removing, correcting, or abating such nuisance by the City Inspector. (Ordinance passed May 14, 1839, entitled: " Of the City Inspector's Department,'''' Title V., $ 3.) $ 46. If the person who shall be liable to pay the ex- Expenses J *- *- " of abatement penses in the last mentioned section, shall not pay the same t0 bePaid- within twelve hours after demand of payment by the City Inspector, he, or she shall forfeit and pay the sum of twenty-five dollars for every such refusal or neglect. (Same, $ 4.) $ 47. Any person who shall prevent, obstruct, molest, Penalty for * J L *- ' ' ' obstructing disturb, or hinder the City Inspector [or the Assistant City °[t "^f^f Inspector], or Assistant of the Board of Health, or any ^otber officer, or any person lawfully appointed by the City Inspector to perform any of the duties mentioned in this ordinance, in the performance or discharge of any of their duties, shall forfeit and pay the penalty of fifty dollars for every such offence. (Same, $ 5.) $ 48. That in all cases when the City Inspector, shall Nuisances deem it advisable for the public health of said city, forth- a°bra\beaith with to remove any nuisance in said city, it shall be the duty of said City Inspector to cause the said nuisance forth- with to be abated or removed, at the expense of the owner 91 or owners of any lot or premises upon which the same may exist. (R. O., 1S59, Ch. XLV., $ 44.) (a) Expenses of $49. It shall be the duty of such City Inspector forth- abatement, w collect- with, after the removal or abatement by him of any nui- ed from own- * _ J ers- sance, to prepare a statement in writing showing the expense thereof, and specifying therein the lot or lots, or premises upon which the same existed, and the name or names of the proprietor or proprietors, owner or owners of the same, as far as the same may be ascertained, and par- ticularly specifying the expense of the removal or abate- ment of such nuisance from each separate lot; and such statement shall be filed in the office of the Street Commis- sioner ; and such proceedings shall be thereupon taken for the collection of the amount of such expense as are pro- vided by law. (Same, $ 45.) (a) The original Ordinance, as comprised in the Kev. Ord., 1859, § 48-49, above, was approved by the Mayor, October 8, 1850. 92 CHAPTER II. OF THE SALE OF MEAT AND ARTICLES OF FOOD. ART. I.—Of Inspection of Articles cf Provision and Food Ex- posed for Sale in the Puislio Markets and other Places. II.-—Of tiie Cleanliness of Markets. ARTICLE I.. Sec. 1. Of the Superintendent of Markets ; bond. 2. His duty to visit the several markets and'cause the removal of un- wholesome or unfit articles of food, etc 8. Duty of Clerks of Markets in relation to unwholesome or stale arti- cles, or blown, plaited or stuffed meat, or measly pork, etc., etc. Penalty for obstructing Clerk in performance of his duty. 4. Sale, or exposure for sale in public markets, of any unwholesome or stale articles of provisions, or meat of diseased animals, etc., prohibited ; penalty 5. Bringing into any market any blown, plaited, or stuffed meat prohi- bited ; penalty. 6. Bringing into market gut-fat, head of sheep or lamb, not dressed, etc., prohibited during certain months ; penalty. 7. Bringing into market, or offering or exposing for sale, meagre shad, prohibited ; penalty. 8. Oysters prohibited in the city from first day of May, to first day of September; penalty. 9. The Mayor to issue licences to persons who may sell fresh meat by the joint or otherwise, in the public markets and other places. 10. Person licensed to be a citizen of 21 years of age ; license may be revoked. 11. Prohibition of killing or dressing any fresh meat in places licensed as suitable places for the sale thereof. 12. List of licensed persons, and their places of business, to be kept, etc. 13. In relation to daily visitation of places licensed for the sale of fresh meat therein. 93 14. Provisions of ordinances in relation to the sale, or exposure for sale of unwholesome articles : also of regulation and police of the public markets extended to apply to all markets for the sale fresh meats. superintend- $ 1. The superintendent of markets shall, before entering kets to give upon the duties of his office, execute a bond to the Corpo- ration, with one or more sureties, to be approved by the Comptroller, in the penal sum of two thousand dollars, conditioned for the faithful performance of the duties of his office. (R. O., 1859, Ch. VII., Art.. 4, $ 46.) MMkete™1* $ 2- He shall, from time to time, visit the several markets and examine the condition thereof; shall advise and direct the clerks thereof concerning the regulation of the same ; Examine ar- shall examine the pro visions, vegetables, and other articles tides of food exposed for 0f food exposed for sale in the markets or other places, and sale therein, *- x &c- when he has reason to suspect them to be unwholesome or unfit to be exposed for sale, shall order or cause them to be removed. (Same, $ 47). cierks of $3. It shall be the duty of the said clerks to examine, all Markets to ■> J SoTfood articles in each of their markets respectively,, which they may suspect to be unwholesome or stale, or blown, plaited, raised or stuffed meat, or measly pork, or flesh of.animals dead by accident or disease, or known or suspected, to be diseased at the killing of the same. And no person shall obstaructinfor hinder, obstruct, or molest any clerk in the performance Clerk- ' of the duty herein enjoined, under the penalty of fifty dollars for each offense. (R. 0.,Ch. XXXV., $7.) penalty for ^ 4 ^0 butcher or other person shall sell, or offer, or exposing for •> L ■ TomTWmelT, expose for sale in any of the public markets, or in any part &c' of the city of New York, any unwholesome or stale articles of provisions, or any flesh of any animal dead by accident 94 or disease, or known or suspected to be diseased at the killing of the same, under the penalty of twenty-five dollars for each offense. (Same, Art. V., $ 39.) for nging in- to market $ 5. No person shall bring into any market, or the limits ^i"ag£ thereof, or offer, or expose for sale, any blown, plaited, blown meat, raised, or stuffed meat, within the city of New York, under the penalty of ten dollars for each offense. (Same, $40.) heads of p or lamb not $ 6. No butcher or other person shall, between the first tou bo^r^t into market. day of May and the first day of November, m any year, bring into, or place, or suffer, or permit to be brought into, or placed in any market, any untried fat, commonly called gut-fat; nor, at any time or season, the head of any sheep, ShJep i n i laml> not or lamb, unless the shall same be skinned and properly dressed, &c. cleaned; nor any sheep or lamb,in carcass or quarter, with any foot or trotters thereto; nor any hides or skins, excepting calves' skins, under the penalty of ten dollars for each offense. (Same, $ 41.) $ 7. No person shall, at any time, brine- into any market, meagre shad -n re e i • iv i x int0 market or sell, or otter or expose tor sale, in any public market or prohibited. other place in the city of New York, any meagre or back shad, under the penalty of ten dollars for every such Penalty- offense. (Same, $ 42.) $ 8. No person shall bring into the city of New York, or £jbued prm ■, n • -. xi • • • .1 • i -x the city from have m his, her, or their possession, m the said city, any May to sep- oysters between the first day of May and the first day of September, in any year, under the penalty of five dollars for any quantity not exceeding one hundred, and the further penalty of two dollars for every additional hundred. (R. 0.1859, Ch. XLV., $ 46.) 95 Of the Sale of Fresh Meats, in other Places than the Public Markets. brDgrante4 § 9- Tlie Mayor of the C^J of New York shall, from meaun^u* time to time, issue licenses, under his hand and seal, to so and ™ther'ts many and such persons as shall, for that purpose, be recom- mended by the Market Committee, to exercise and carry on the trade and business of butchers, and to sell fresh meat by the joint, or in pieces, or otherwise, in such pub- lic markets, and such other places as shall be designated in such recommendation; and all places so designated, other than the present public markets, shall be known as, and called, Markets ; and it shall not be necessary, to enti- tle any person to such license, that he shall have served an apprenticeship with a licensed butcher. (Ordinancepassed Jan. 20. 1S-13, Title IX, $ 1.) (a) Quaimcatkn. $10. No license shall be issued to any person unless he be an actual resident of the city, a citizen of the United States, of the age of twenty-one years; and such licenses may be annulled or revoked, at the pleasure of the Market (a) The compiler has been unable to find that the provisions of this ordinance —extending the prohibition of the sale, or exposure for sale, of blown, plaited, or unwholesome meat, &c, to include "places other than the pub- lic markets"—have been repealed, although omitted from the edition of Revised Ordinances of 1859. The Amended Charter (Lau-s 1857, Ch. 446,) contains the following : " § 35. No tax, or penalty, shall hereafter be imposed upon or collected of any person, nor license required for selling, or exposing for sale, upon his, her, or their own premises in said city, any wholesome article of food ; nor for selling such articles in such parts of the streets of said city, as may be designated by the Common Council for that purpose." The foregoing, having application to the licensing of persons to sell any wholesome article of food "upon his, her, or their own premises," does not affect the requirements of the ordinances which relate to granting license to butchers to carry on business in the public markets. (See R. 0. li>5i), § 1, and § 25 to 30. J 96 Committee; but all persons receiving a license for a mar- ket, other than those now known as public markets, shall pay to the Clerk of the Common Council, for the use of the city, the sum of ten dollars annually. (Same, $2.) $ 11. It shall not be lawful to kill or dress any fresh meat p^j of any description, in any market licensed as aforesaid, dresSi occupied for the sale of such meat, under the penalty of fifty dollars, to be recovered from the person so licensed; and the licenses of all persons violating this section, or suffering, or permitting the same to be violated, shall be forthwith annulled by the Market Committee, after a hear- ing of the case, upon notice to the party complained of. (Same, $ 3.) $ 12. It shall be the duty of the Clerk of the Common kept. Council to make and keep an accurate list of all persons licensed as aforesaid, comprising their names in full, the dates of their several licenses, and their places of business, as designated in said licenses, and to furnish a copy of such list to the Alderman and Assistant Alderman of each Ward, once in every six months, or oftener, if required so to do by the said Alderman or Assistant. (Same, $ 5.) In relation to the use of the streets, within the meaning of this section, the Counsel to the Corporation, in an opinion, dated March 9th, 1858, in an- swer to a resolution adopted by the Common Council, says : " Upon reference to the 35th section of the Charter of 1857, as aforesaid, it will be perceived that those parties only are exempted from the payment of taxes or penalties, who expose articles of food for sale in such parts of the street as may he designated by the Common Council for that purpose. '' It seems clear to me that the Legislature intended, by this section, to leave the designation of the streets, in which no tax or penalty should be paid by those selling provision therein, entirely discretional'}- with the Com- mon Council, and that parties who sell such provisions in other streets are not to be exempted from the payment of such tax or penalty. " I am not aware that the Common Council have ever designated any par- ticular streets, or parts of streets; in which such sales should be made," etc. 97 visitation or $ 13. The Alderman and Assistant Alderman may, and places hcen- J J offrefshmeltthe Street Inspector, or Deputy Health Warden of each Awards!61" Ward, shall visit each day, all markets for the sale of fresh meats in such Ward; and it shall be their especial duty, in all cases, to enforce the provisions of this title. (Same, $ 6.) (a) ration09 to $ 1-i- The provisions of this ordinance, in relation to the wholesome11" sale, or exposure for sale, in the public markets, of blown, £tof're£- plaited, raised, stuffed, impure or unhealthy meats of any extended!' description, or the flesh of any animal dead by accident or disease, or known or suspected to be diseased at the killing of the same, and all other rules and provisions for the gov- ernment, regulations and police of the public markets, and butchers therein, shall apply to all markets established for the sale of fresh meats, and to persons licensed under this title, so far as the same are applicable, under the like pen- alties. (Same, $ 7.) ARTICLE II. Sec 9. Superintendent of Markets may employ persons to clean the public markets, remove filth, &c. 10. Superintendent, from time to time, shall report the condition of the markets. 11. The Clerks of Markets shall cause the markets to be cleaned, and filth removed, daily. 12. Regulation in relation to ice-boxes, pickle-casks, &c. ; penalty. $ 9. He [the Superintendent of Markets] may, with the (a) The Revised Ordinances, 1859 [Ch. VII., § 41], provides for the appoint ment of an "Inspector, and seven Assistants, of Meats and Articles of Food and Provisions," to visit slaughter houses, meat shops, and other places, and to seize and remove all unsound and unwholesome articles of food, &c. 7 ■ 98 consent of the City Inspector, appoint proper persons pfes™p9!(!^ to remove dirt and filth from the public markets, and to ^ean mar' perform such other services about the public markets as are necessary to cleanse the same, at a specified compensa- tion, and may, with the like consent, at any time remove them, or appoint others in their stead. (1859, Chap. TIL, Art. IV, $ 51.) $ 10. He shall, from time to time, report to the City SnY0*" Inspector, the condition of the several markets, and shall, at all times, be under the direction and control of that officer. (Same, $ 56.) Of the Clerks of Markets. $ 11. Thev shall cause all the dirt and filth which shall cierksto * J cause filth, accumulate in the public markets, and the limits thereof, ^^"^ to be removed daily by the persons appointed for that pur- ^arkets dai_ pose, as prescribed by section 51. (Same, $ 64.) $ 12. No butcher, or any other person, shall have or Regulation keep, in any of the public markets, any refrigerator, ice-iceboxes, box, or cask, containing ice or pickle, unless the same be &c. placed within the limits of, and in the rear of his stall or stand, and be lined with lead or some other metallic sub- stance, so as to be water-tight, and provided with a pipe, of lead, zinc, or copper, leading therefrom to the nearest Penalty for violation. gutter, under the penalty of twenty-five dollars ior the violation of each and every provision of this section. (R. O. 1859, ch. XXXV, Art, V, $ 62.) 99 CHAPTER III. OF THE CLEANSING OF SLAUGHTER HOUSES, REMO- VAL OF DEAD ANIMALS, &c, FROM THE CITY. ART. I. To Provide fob tiie Cleansing of Slaughter Houses and Removal of Offal, Blood, &c. II. Of Dead Animals, Butchers' Offal, &o., and the re- moval thereof from the city ; Specifications foe Contract to perform said work. ARTICLE I. Sec. 1. Slaughter Houses required to be cleansed every day of killing any animal therein. 2. Blood, offal, garbage, &c, to be immediately removed therefrom. 3. Duty of the City Inspector to enforce the two preceding sections. houflfsTi^be § !• Every butcher, or other person, occupying everyday of any slaughter house or building, or who shall or may kiiimg. j^ or s]aUg]1terj jn any slaughter house or building in the city of New York, any animal, shall, on every day when any animal may be so slaughtered or killed therein, ■cause the slaughter house and yard thereof to be washed penalty. out and thoroughly cleansed, under the penalty of ten dollars for each neglect or refusal to comply with this section. (R. O. 1S59, Ch. XLV, % 5.) (a) Biood, offal, $ 2. Everv butcher or other person within this city, &c, to be y J x . removed, immediately after killing or slaughtering any animal, (a) From Ordinance, approved by the Mayor, June 12, 1856. 100 shall convey, or cause to be conveyed, in tight-covered boxes or barrels, the blood, offal, garbage, and other offensive or useless parts of said animal or animals so killed or slaughtered, to such place as the Common Council, or the City Inspector shall, or may, from time to time direct, under a penalty of ten dollars for each and Penalty every neglect or refusal to comply with this section. (Same, $ 6.) $ 3. It shall be the duty of the City Inspector to see Enforcement that the two preceding sections are enforced. (Same, $ 7.) AETICLE II. Sec 4. Carcass of dead horse not to be exposed in any street, yard, lot, or other place ; penalty. 5. Prohibition of the keeping or leaving in or adjoining any street, lane, alley, or public place or road, or in any yard, lot, or premises, any bones, putrid, unwholesome or refuse meat or beef, or any unsound pork, fish, hides or skins; or any other unsound, putrid, or unwholesome substances, or offal, garbage, or useless parts of any beeves, hogs, calves, or other cattle; penalty. 6. Docks set apart for vrssels engaged in the removal of offal, dead animals, &c, from the city. 7. Other vessels prohibited from coming in or at said docks, except by permission; penalty. 8. City Inspector may give directions in relation to said docks,ves- sels, &c. ; penalty for disobedience. 9. Carts for removal of dead animals required to have license ; pen- alty. 10. Dead animals prohibited from being thrown into the river ; must be removed by licensed person ; penalty. 101 11. City Inspector authorized to contract for sale of the right to remove dead horses and other animals, blood, offal, and other refuse matter and nuisances, to highest bidder, for term of five years, as per specifications. 12. Duty of citizens and Street Inspectors, to give notice of death of any animal owned or possessed by him, or by any person on whose premises such animal may be found, and cause such dead animal to be removed. 13. Burial, or the throwing of any dead animal into the waters bounding the city, prohibited ; penalty. li* Eemoving, skinning, or interfering with any dead animal, except to remove the same, prohibited within certain limits ; penalty. 15. Duty of Street Inspectors and Deputy Health Wardens to give notice, or cause dead animals to be removed. Of Dead Animals, Offal, <£c, and the Removal thereof. carcass ot $ 4. No person shall leave exposed, or cast into any not tobe°el- street, vard, lot, lane, or other place within the city of New posed or cast " x ij.fj.j- into street or York the carcass of any horse, under the penalty oi twenty- other place. ' ^ ■*■ Penalty. fiye ^^ for each 0ffenge. (a) (1859, Ch. XLV., $ 8.) Keeping or $ 5. No person shall cast or leave, or keep in or adjoin- bonesnf Tey ing any street, lane, alley, avenue, square, public place, unbound00111' public road, or in any yard, lot, field, or premises, in the pork, fish, x , . , ill hides, *c., citv of New York, any bones, putrid, unsound, unwnoie- prohibited. ^ J J L • i i n i±j some, or refuse meat or beef of any animal, whether salted or otherwise, or any unsound pork, fish, hides or skins of any kind, or horns; or the whole or part of any dead animals, or any other unsound, putrid, or unwholesome substances ; or the offal, garbage, or other offensive or use- less parts of any beeves, calves, sheep, hogs, or other cat- (d) Ordinance passed April 23, 1839. 102 tie, under the penalty of fifty dollars for every such offense. (Same, $ 9.) $ 6. There shall be designated and set apart, for the use Docks for re- 3 o J- moval of of- of the City Inspector, two of the docks and slips of the city f^eadifj?" of New York ; one on the East Kiver and the other on the setaPart- North River : said docks and slips shall be under the sole control and direction of the City Inspector, and shall be used by him as a place of landing for such boats as may be required for the removal of the butchers' blood and offal, bones, dead animals, and other refuse substances from the city, (a) (Same, $ 10.) $ 7. No ship, boat, or other vessel, shall come in, or lay no other ves- 3 r> > •> sei to coma at or within, any of said docks or slips, designated as t0 said docks aforesaid, unless by written permission of the City Inspector, under the penalty of twenty-five dollars for each offense, to penalty. be paid by the owner, master, or person having charge thereof, severally and respectively. (Same, $ 11.) $ 8. The City Inspector may give such order or direction city inspect- as he may deem proper, directing the laying, fastening, or directions in berth of any boat or vessel lving at or within said docks Baid docks> •/ _ J <-> vessels, &c. and slips; and may direct the same to be removed, from time to time, as he may deem just and proper; and, for every neglect or refusal to comply with such order or direc- tion, the owner, master, or person having charge of such boat or other vessel, shall forfeit and pay the sum of twenty- Penalty - for disobedience five dollars. (Same, $ 12.) $9. The contractor or contractors, for removing the carts for re- aforesaid dead animals, bones, and other refuse substances, doadammais shall furnish, from time to time, a suitable number of carts,t0 ^ liceus- ed. to be licensed, under the hand and seal of the City Inspect- '(a) Ordinance passed April 17,1852. 103 or, for the purpose of transporting and removing said dead animals, bones, and other refuse substances in said city; and no person shall transport or remove any dead animals, bones or refuse substances in said city, unless penalty. licensed as aforesaid, under the penalty of twenty-five dol- lars for each offense, to be recovered from the person or persons so removing, or the owner or owners of the vehicle used for that purpose, severally and respectively. (Same, $13.) Dead 'ani- $ 10. No dead animal shall be cast or thrown into [the] mala not to . ....,..».-, be thrown East or North Rivers, or anv water within the limits of said into the riv- J er, but to be city but shall be removed, bv the person licensed as afore- removed. J ' ' J x said for that purpose, to the docks and slips of the City penalty. Inspector, under the penalty of twenty-five dollars for each offense. (Same, $ 14.) city inspect- $ n. The City Inspector hereby is authorized and or author- J j x j tract forCthe directed immediately to advertise, for thirty days, propo- dead°Vhorses sals for the sale of, and then, in conformity to the pro- anfmafs'T visions of the laws of the State, to sell to the highest bid- &c ' ' der, who shall furnish adequate security, the right and privilege of collecting and removing dead horses, and other dead animals, blood, offal, and other refuse matter and nuisances, in accordance with the following specifications, for the term of five years next thereafter; the contract to be prepared by the Counsel to the Corporation. specification Specification First. The contractor shall collect, and re- move from all parts of the city to the dock and slip at the foot of Forty-fifth street, East River, or to such other docks or slips as the Common Council may, at any time or times hereafter designate and provide, all dead horses and other dead animals, and shall, at all times, provide and keep, at his own cost and expense, such number of suitable carts as shall 104 be necessary for a prompt and faithful performance of such work; said carts shall be approved and licensed by the City Inspector. Specification Second. The contractor shall, at all times, pro- specification vide and keep, at such dock or slip as aforesaid, a suitable number of suitable boats, scows, barges, or vessels, for re- ceiving, and shall receive therein, all dead horses, and other dead animals, and all blood, offal, and other refuse matter from butchers' slaughter houses, and all bones, fish, fish offal, diseased or tainted meats, and all other nuisances of a similar kind, which may or shall be offered, by any person or persons, at such dock or slip. Specification Third. The contractor shall furnish, at his w own cost and expense, suitable boxes for the reception of all orders or complaints; the same to be placed, one at each police station-house in the city, and one at the office of the City Inspector, and to cause ail orders and com- plaints to be collected from each and every station-house, and from the office of the City Inspector, at least twice every day ; and shall cause all dead animals to be removed, in accordance with the contract, as soon as possible after the reception of any such order or complaint, or other no- tice. Specification Fourth. The contractor shall, at least once in ra. every day, remove all such dead horses, animals, blood, offal, and other matters and nuisances as aforesaid, to some suit- able and proper place, or places, beyond the limits of the city ; and whenever the City Inspector shall so direct, such removal shall be made twice in each day, during the months of June, July, August, and September. Specification Fifth. Approved sureties, to the amount of m 105 thirty thousand dollars, will be required for the faithful per- formance and execution of the contract, to the end of the term, which security shall be renewed within three weeks of the close of the year. In every respect, the work to be performed as required, and any neglect or refusal on the part of the contractor to perform the whole, or any part of the stipulations of the contract, or of the requirements of these specifications, shall be sufficient to empower and authorize the City Inspector to proceed to perform so much thereof as shall be neglected or refused, at the expense of and chargeable by the Corporation to the contractor and his sureties, and such refusal or neglect shall authorize and empower the Common Council, at any time, to revoke and annul such contracts. specification Specification Sixth. The bid shall state the amount which the bidder will pay per annum for such right and privilege, which amount shall be paid by the contractor to the Comptroller, in equal quarterly sums, at the end of each quarter. Specification Seventh. A strict compliance with the pro- visions of the chapters relating to " Contracts for supplies, and work done for the Corporation," and amendments thereto, will be observed and required. Specification Eighth. Should the person or persons, to whom the contract shall be awarded, fail to attend with his or their sureties, and to execute the same in writ- ing, within three days after being notified that such con- tract is ready, he or they shall be considered as having abandoned it, and shall forfeit all right to such award. (R. O. 1859, Ch. XXX, $ 19.) (a) (a) The foregoing was originally embodied in an Ordinance passed Dec. 14, 1855. 106 * $ 12. It shall be the duty of every citizen, owning, cit^gofand possessing, or having any animal which shall die within °*hf^to^ the limits aforesaid (a), or in the occupation of any lot of to~1eth0^ ground, dwelling houses, or premises of any description, upon which the body of any dead animal shall be found, and of the several Street Inspectors of the several wards in this city, immediately after such death or the discovery thereof, to give notice thereof, and of the place where the body of such animal may be found, at one of the offices, so to be established as aforesaid (by the contractor for the removal of dead animals), or to transport, or cause to be transported, the body of any such dead animal to the depot aforesaid, under the penalty of ten dollars for each Penalty. offense. (Ord. passed Nov. 25, 1842, $4.) * $ 13. The burial of any dead animal within the limits th^ngS°r aforesaid, or throwing of any body of any dead animal ^dead* into the waters bounding this city, or in any public street, mmta. pr° highway or place within the limits aforesaid, is hereby prohibited, under the penalty of ten dollars for each offense. Penalty. (Same, $ 6.) * $ 14. All persons are hereby prohibited from removing Removing or or skinning, or molesting or injuring, or in any manner in- pr*^™18 terfering with the body of any dead animal, within the limits aforesaid, except to remove the same, or cause it to be removed to the depot aforesaid, under the penalty of Penalty. ten dollars for each offense. (Same, $ 9.) * $ 15. It shall be the duty of the several Street Inspect- st^*rIn ors and Deputy Health Wardens, immediately after the DPcpCutyS and e The sections 12, 13, 14 and 15, are from an Ordinance passed Nov. 25, 1842—and, although not included in K. 0. of 1859, they do not appear to have been repealed. (a) South of Fiftieth street, see Ordinance passed Nov. 25, 1842. Health War- dens. 107 death of any animal, or the discovery thereof, to give notice of the place where the body of such animal may be found, at one of the offices to be established as afore- said, or to transport, or to cause to be transported, the body of any such dead animal to the depot aforesaid. (Same, $ 10.) 108 CHAPTER IV. OF THE KEEPING OF SWINE, AND THE REGULATION OF SWILL CARTS. Sec 1. Keeping of swine in the city of New York prohibited, except by written permission of the Mayor and City Inspector. 2. Boiling of butchers' offal, hotel offal, and swill, prohibited within limits of the city. 3. Violation of preceding section declared to be a misdemeanor ; penalty. 4. Eepeal of conflicting ordinances. 5. Regulation in relation to the keeping of swine ; number which may be kept, between the first day of May and the last day of October ; penalty. 6. Tens or styes to be cleansed during said period, at least every three days; penalty. 7. Neat cattle and swine prohibited from being permitted to go at large; penalty. 8. Carts and wagons for the conveyance of swill, prohibited from standing in the street; penalty. 9. Exception. 10. Boxes, &c, for conveying swill therein to be water-tight; penalty. $ 1. No person or persons shall have, keep, or own Keeping of 1 swine pro- any swine on or upon any lot or premises in this citv, hibited>es> * ••. «> . i. j i cept under unless by the written permission of the Mayor and the psrmit' City Inspector, under the penalty of twenty-five dollars for every swine so kept in violation of this section. (Ord. passed Oct. 3, 1859, $ 1.) $2. No person or persons shall, upon any premises Boning of 1 offal or swill prohibited. 109 within the limits of the city, boil any butchers' offal, hotel offal, or house swill. (Same, $ 2.) vtouuon7.for §3. The violation of any of the provisions of section two of this ordinance is hereby declared to be a misde- meanor, and shall be punished by a fine of not less than twenty-five dollars, or by imprisonment in the city prison for a term of not less than twenty days. (Same, $ 3.) (a) Repeal of £ 4# All ordinances or parts of ordinances inconsistent conflicting •> I ordinances. or conflicting herewith, are hereby repealed. (Same, $ 4.) thTkeep^ng § 5- No person or persons shall have or keep, in the of swine. c^.y of ^rew york5 jn any pen or sty, more than three swine ; [nor in the same yard or enclosure, more than four swine], at any one time, between the first day of May and Penalty. the last day of October, in each year, under the penalty of five dollars for every swine above the aforesaid number. (R. O. 1859, Ch. XLVIIL, $13.) (b) CensnoSrin=? es § 6* ^11 swine in said city shall be kept in pens or styes during the period mentioned in the 13th section of this chapter, which styes shall be properly and effectually cleaned at least once in every three days, under the Penalty. penalty of five dollars for each and every violation of either of the provisions of this section. (Same, $ 14.) Neat cattle $ 7. No neat cattle shall go at large in any of the or swine not . , ,. -. to go at streets, lanes, alleys, piers, wharves, or public places m the city of New York, within the lamp and watch district; (c) nor any swine in any part of the city of New York, under (a) See Appendix to Laws. (b) See Ch. XXXVIII, R. 0. 1845, amended June 18, 1850. The words in brackets are not contained in the Kevised Ordinances of 1859. (c) For limits of lamp and watch district, as established by ordinances, see " Supplementary Ordinances," herein. 110 the penalty of five dollars for every such swine or animal Penalty- which shall be found at large, to be paid by the owner or person having charge, care or keeping thereof, severally and respectively. (Same, $ 1.) (a) $ 8. No cart, wagon, or other vehicle, in or upon which v£j£j£ >ca0nnd there shall be any box, hogshead, barrel, cask, or other ves- IXto B™d sel, used, or intended to be used, for the purpose of con- m taining or conveying the article commonly called swill, shall, when not in actual use, incumber or stand in any of the streets, lanes, or alleys in the city of New York, under any pretense whatever, under the penalty of five dollars Penalty. for each offense, to be recovered from the owner or per- son having charge of any such cart, wagon, or other vehicle, severally and respectively. (R. O. 1859, Ch. XLV, $35.) $ 9. The last preceding section shall not be construed to Exception. prevent such vehicles, not exceeding four in number, from standing at, or in front of the premises from which such swill is obtained, for the purpose of receiving such swill, but not elsewhere ; provided the said vehicles do not stand abreast of each other. (Same, $ 36.) $ 10. All carts and other vehicles, used by any person or Boxes, &c, persons to carry or transport any swill or garbage, shall have veyance <>f water-tight boxes, or other vessels, so as to prevent the must be,_ ° '_ _ _ * water-tight. contents from leaking, spilling, or scattering on the streets, under the penalty of one dollar for each and every offense, penalty. on conviction thereof before any magistrate of the city. (Same, $ 37.) (a) All swine or neat cattle found at large in violation of the above may be impounded by any person, who shall receive from the pound master one dollar for each beast or animal, and if the animal impounded remain unclaimed five days, the same may be sold. (R. 0. 1859, Ch. XL VIII, H 6, 7.) Ill CHAPTER V. OF SINKS, PRIVIES, AND CESSPOOLS; REMOVAL OF NIGHTSOIL, &c, FROM THE CITY. Sec. 1. Regulation as to depth, etc., of sinks, privies, and cesspools construct- ed in the city of New York, south of 14th street; penalty. 2. Prohibition of the enclosing or covering over of any sink, privy, or cesspool, until the same has been examined and measured by the City Inspector, or Health Warden ; penalty. 3. No sink, privy, or cesspool to be constructed within thirty feet of a public well or pump ; penalty. 4. Sink, privy, or cesspool to have at least two feet of solid earth, or mason work, from the interior line and the adjoining lot; penalty. 5. Prohibition of covering over any privy full, or partly full, or of the drawing off the contents into any hole, or place dug to receive the same ; penalty. 6. Owner or occupant of any house, store, or premises, not to permit contents of privy to rise within two feet of surface of the earth ; penalty. 7. Emptying, or removal of contents of sinks, privies, and cesspools prohibited, except by express permission of the City Inspector, between the last day of May and the last day of September; penalty. 8. Hours during which night scavengers may perform their work; penalty. 9. Prohibition of the contents of sink, privy, or cesspool being permit- ted to run in, or upon, any street, wharf, or pier ; penalty. 10. Prohibition of throwing garbage, offal of fish or poultry, or any dead animal, into any sink, privy, or cesspool; penalty. 11. Regulation in relation to the use of tubs in sink, privy, and necessary house ; to be tight with copper, brass, or iron hoops; penalty. 12. Contents of tubs used in privies, &c, not to be permitted to rise within three inches of the top ; penalty. IS. Tubs, boxes, &c, used in removal of the contents of sinks, privies, &'c, to be tight, and closely covered, and to be approved by the City Inspector; penalty. 112 14. Prohibition of the contents of any tub, box, cask, sink, or privy being thrown into the North or East River, south of 42d street; exceptions; penalty. 15. Wharves or piers designated for use of vessels to come for the removal from the city, -of nightsoil, &c. 16. Contents of sink, privy, &c, south of 42d street, not to bo removed without permission from the City Inspector ; penalty. 17. City Inspector, or Health Warden, to make an annual examination of each sink or privy in each ward or district; notice to cause sink or privy to be emptied forthwith, to be given to owner or agent. 18. Contract for term of five years to be made for the removal of night soil, &c, from the city, by means of vessels, &c. Of Sinks and Cesspools. $ 1. No sink, privy or cesspool shall hereafter be con-J^1;;^ structed or made, in any part of the city of New York, ]^pth of south of Fourteenth street, unless the same shall be con- pnv structed of brick or stone, and be at least ten feet in depth from the surface of the ground, when such depth is practicable, under the penalty of fifty dollars, to be Penalty. recovered from the owner and builder of the same, sever- ally and respectively. (R. O. 1859, Ch, XXX, $ 1.) (a) $2. No person shall inclose or cover any sink, privy or sinks, &c, 3 r not to be cesspool, or arch over, or place upon the same, any house, covered over shed or covering, until such sink, privy or cesspool shall £f^a™°; have been examined, and measured by the City Inspector,sured- or the Health Warden of the ward in which the same may be, under the penalty of twenty-five dollars for every pe D such offense, to be recovered from the owner and builder of the same, severally and respectively. (Same, $ 2.) $ 3. No privy, sink or cesspool, shall hereafter be made sin not t built (a) § 1 to 12, inclusive, are taken from Ordinance passed May 14, 1839. 113 30 feet of or constructed, within thirty feet of any public well or public well. penalty, pump, under the penalty ot one hundred dollars, to be paid by the owner and builder thereof, severally and respectively. (Same, $3.) sinks, Pri- $ 4. No person shall dig any sink or cesspool, or build hay(e aueast or erect any privy, without leaving at least two feet of mason°work s°lid earth, or solid mason work laid in mortar or cement, to be measured from the interior line of said sink, between such sink, cesspool or privy and the adjoining lot, under the penalty of twenty-five dollars, to be paid by the owner and builder thereof, severally and respectively. (Same, $ 4.) ' -privies, fun $5. No person shall cover over any sink or privy that or partly full, * 1 J x J not to be may be f\xll, or partly full, nor draw off the contents covered J i l J ' over- thereof into any hole or place dug or made to receive the same, under the penalty of twenty-five dollars, to be recovered from the owner of such premises, or the person doing the same. (Same, $5.) contents not $ q. The owner or occupant of any house, store, build- to be per- 3 i. «/ ^"within ino or premises, to which any sink, privy or cesspool shall surfa^ofthe belong or appertain, shall not permit the contents thereof to rise within two feet of the surface of the earth, under the penalty of twenty-five dollars, to be recovered from the owner or occupant thereof, severally and respectively. (Same, $ 6.) sinks, pn- $ 7. The owner or occupant of any house, lot or to'1 be empti- premises in the city of New York, shall not empty or ed during *■ . , summer remove, or cause, or suffer, or permit to be emptied or months ' -1- J- pvl^s per-ex' removed, the contents of any sink, privy or cesspool, tl"~sion- between the last day of May and the last day of Septem- ber in each year, without the express permission of the 114 City Inspector, obtained for that purpose, under the penalty of twenty dollars for each offense. (Same, $ 7.) Penalty. $ 8. Tbe owner or occupant of any house, lot or prem- jnH^cdur- ises, shall not cause, or suffer, or permit, any tub used in ^epne^0rrsm any necessary house, sink or privy, to be removed, excepttheir work between the hours of eleven in the evening and three o'clock in the morning, from the first day of May to the last day of September, in any year; and between the hours often o'clock in the evening and six in the morning, during the remainder of the year, under the penalty often Penalty. dollars for each offense. (Same, $ 8.) $ 9. No person shall cast, lay, or suffer to run in or gi^tepnr* <* upon any street, wharf, or pier, or in any slip, or dock, or ™;Xlinn°J upon or within the distance of three feet of any wharf, street-jL or in any lane, alley, lot, or vacant place to the southward of Fourteenth street, the contents of any sink, tub, privy, or cesspool, under the penalty of ten dollars for each Penalty. offense. (Same, $ 9.) $ 10. No person shall throw or deposit, or cause, or offalG£rcba^ suffer to be thrown or deposited, in any sink, privy, or 1°^™™ cesspool, any vegetable substance, or garbage, or offal of ^yS' fish or poultry, or any dead animal, under the penalty of Penalty. twenty-five dollars for every such offense. (Same, $ 10.) $ 11. The owner or occupant of any house, lot, or ^f^f^ premises in the city of New York, shall not cause, or lutsTnsmks, suffer, or permit any tub to be used in any necessary pnv house, sink, or privy, appertaining or belonging to such premises, unless such tub shall be made perfectly tight, and well secured with copper, brass, or iron hoops and handles, under the penalty of ten dollars, to be recovered penalty. from the owner or occupant, severally and respectively. (Same, $ 11.) 115 tubTuledTn § 13, The owner or occupant of any house, store, build- S"pemitteS inS> or premises to which a sink, privy, or necessary house three0 Inch's shall belong or appertain, in which tubs shall be used, shall not suffer or permit the contents thereof to rise within three inches of the top of said tub, under the penalty of ten dollars for each offense, to be recovered from the owner or occupant, severally and respectively. (Same, $ 12.) boL'fsht&cbs' $13. No person shall empty or remove the contents of usldmemp- any ^u^' Sxll^7 or privy, in the city of New York, otherwise andlrivies. than in tubs, boxes, or casks, made tight, and closely cov- ered ; each tub, box, cask, and cover to be approved by the City Inspector; and any person who shall use for such purposes any tub, box, cask, or cover, other than those penalty. approved as aforesaid, shall forfeit and pay the sum of fifty dollars for each offense. (Same, $ 13.) (a) contents of $ 14. It shall not be lawful for any person or persons to sinks and 3 J x x to'be'last ^row ^e contents of any tub, box, cask, sink, or privy into the North or East Rivers, south of Forty-second street, river. save and except under the circumstances hereinafter men- tioned, under the penalty of fifty dollars for each offense. (Same, $ 14.) (b) wharves for $ 15. The several wharves or piers, on the North and the vessels J A reding in East Rivers, where the contractors for cleaning the streets mght-sou. are permitted to heap up manure, excepting pier No. 1, East River, are hereby designated and set apart for ves- sels to come and be fastened to, subject to the direc- tions and regulations of the City Inspector. A pier in the First "Ward, to be selected by the Alderman (a) § 13 to 17, inclusive, are embodied in the R. 0., from an Ordinance passed January 31, 184-3. (6) For Act of the Legislature, prohibiting the dumping of night-soil into the river, see Appendix. 116 of that district, for the same purpose, from which piers and in which vessels the night scavengers shall deposit the contents of tubs, boxes, casks, sinks, and privies, provided the same shall not be what is called "water;" and it shall be lawful for the night scavengers to ask, demand, and receive therefor, from the owner of such vessel, or vessels, the sum of twenty-five cents for each and every full load of twenty-four cubical feet; but in case there shall not be at the time a vessel or vessels at said wharves, or piers, capable of containing or receiving the contents so removed, or in case the contents shall, at any time, be what is called " water," then, and in each of the cases above mentioned, the night scavengers may deposit the contents of the tubs, boxes, casks, sinks, or privies, from the ends of the said piers ; or if vessels shall be lying at the ends of said piers, from a point as near as practicable to the outer ends of the said piers, into the river; and hi case any night scavenger, or other person shall deposit the contents of any tub, box, cask, sink, or privy at any other wharf, or from any other pier, than those before mentioned, then such night scavenger, or other person, shall forfeit and pay the sum of fifty dollars, for each and every offense; and, if a night scavenger, he shall be subject, in case o"f any subsequent offense, to forfeit his license, at the option of the City Inspector. (Same, $ 15.) $ 16. No person shall remove, or cause to be removed, contentsof sinks rpri- the contents, or any part thereof, of any tub, box, cask, vies, &c., not sink or privy, south of Forty-second street, without a p|rm^*onUt written or printed permission from the City Inspector, which permission shall specify the time within which the said contents may be removed, and the piers to which the same may be taken and deposited, as mentioned in these ordinances, either of which piers the scavenger may elect; 117 and if any person shall remove, or cause, or allow, or assist in removing the contents, or any part thereof, of any tub, box, cask, sink or privy, without such permission, or at any other time than that specified therein, or shall con- vey to and deposit, or assist in conveying and depositing, any of the contents aforesaid, from any other pier than penalty. one of those described in this chapter, he shall forfeit and pay for each and every offense, the sum of fifty dollars. (Same, $ 16.) ammatitfof $ ^' •"■* &LlSbLL ^e the duty of the City Inspector or Health priviesnto be Warden, to examine each sink or privy in each ward or inspec^wlty district, once in each year, and a report shall be made to warcTen. the City Inspector, on or before the first day of April in each year, of the situation of each sink or privy in each ward or district; and when any sink or privy requires emptying before the tenth of September next thereafter, Notice to be notice shall be given to the owner of such sink or privy, owner, agent or his agent—if they cannot be found, the tenants thereof— or tenants, requiring requiring the removal of the contents of such sink or sink or privy * ° edbwheenPne^ Privy> ^° ^e performed forthwith; but the omission of such forthwith, notice shall not excuse the person whose duty it is to cause such sink to be emptied, from the payment of the sum of ten dollars, as hereinbefore specified. (Same, $ 17.) contract for $ 18. The City Inspector is directed to advertise, and be made for sell to the highest bidder, in conformity with law, the the removal ~ of night-soil, right for five years, to all the night-soil taken from the &c, from the o ' J ° meanfofves- sinks m the city 5 an(* the same sha11 be deposited by the scls' scavengers in boats to be furnished by the person receiv- ing the right; the boats to be used to be tight-deck boats, of no less than fifty tons, custom-house measurement; the person who shall receive the right, shall be bound to enter into a contract with the City Inspector for the 118 faithful performance of his contract for five years, and give security to the amount of one thousand dollars. The person or persons who shall have the contract awarded to him or them, shall have the right of the exclusive use of two berths at each of the following- named piers, to wit: The pier foot of Clarkson street; the south side of pier foot of Twenty-sixth street, North River; the south side of pier foot of Thirty-eighth street, East River ; also the north side of pier foot of Rivington street; and that the scavengers be compelled, under a penalty of twenty-five dollars, to proceed directly from the place were such soil shall be gathered, to the river, or to a street leading directly to the nearest dumping place, and dump all the night-soil taken from the privies or sinks into the boats of such person or persons who shall receive the contract from the city; and return the contract to the Common Council for confirmation (a). (Same, $ 18.) (a) Substituted for the foregoing (§ 18), see Resolution and Specifications for the making of a contract for the term of five years, for the removal of night-soil and contents of privies from the City of New York. Said Resolu- tion and Specifications having been approved by the Mayor, September 26, 1859, are embraced in the Supplementary Ordinances at the latter part of this compilation. 119 CHAPTER VI. OF THE STREETS ; TO MAINTAIN CLEANLINESS, AND THE PROPER CONDITION THEREOF. ART. I. Of the Prohibition of Dirt, Ashes, Garbage, Offal, Rubbish, etc., being Thrown, Cast, or Laid in the Streets or Public Places. II. Of the Regulation of Dirt Carts (Forbidden to Scatter, Dump, or Deposit Manure, Sand, Earth, etc., in the Streets) ; also in relation to the deposit of Manure for purpose of Sale ; also Prohibition of dumping Manure, Dirt, etc., on the Battery ; also Streets required to be Paved and Guttered. III. Of Prohibition of Kitchen and Waste Water allowed to flow in the Street ; also Prohibiting Creation of Nuisance from flow of Stinking, Offensive, or Impure Water or Fluids. ARTICLE I. Sec 1. Offal, garbage, etc., shall not be cast or laid in any street; penalty. 2, Dirt, ashes, etc., shall not be cast or laid in any street, with exception. 3. Ashes, offal, garbage, dross, straw, shavings, etc., shall not be thrown, cast, or laid in any street or public place. 4. Penalty for violation of preceding section. 5. Duty of proprietor or possessor of any foundry, forge, oyster stand, etc., to remove ashes, oyster shells. &c, at their own expense. G. Owners and builders of buildings being erected or repaired, shall remove building rubbish, stone, sand, etc., each day, before sunset. 120 7. If not removed, as provided in last section, may be removed by order of the Superintendent of Sanitary Inspection or Health Warden. 8. Penalty, and double the usual charges to be paid for causing such removal. 9. Lime, ashes, dirt, or sand shall not be sifted, nor carpets, mats, etc., shaken in any street. 10. Ashes shall not be unloaded or dumped in the street or on the side- walk from any cart or other vehicle. 11. Cinders or coal ashes forbidden to be laid in any street, lane, or alley ; requirement to deliver the same to the ash carts. 12. Ashes or cinders to be kept in tin or other metallic vessels. 13. Owner of buildings or tenements below Fortieth street, to provide a barrel, tub, or box to contain rubbish, coal ashes, and gar- bage, to be placed on sidewalk. $ 1. No offals, vegetables, or garbage shall, at any time, otrai, gar- 3 ° ° ° ^ bage, &c.. be cast or laid in any street, lane, or alley in the city of ^a^noVbe New York, but shall be delivered to the bell carts, under j^t^han'be the penalty of one dollar for each offense, to be paid by the fheblulLt! occupant of the house from which the same shall be cast, and the persons casting the same, severally and respectively. (Ordinance passed May 9,1839.) $ 2. No dirt, ashes, filth, or rubbish of any kind what- Dirt, ashes, •> J &c,shall not ever shall at any time be cast or laid in any street, lane, or ** cf^t alley of this city, or in any public square, or public place therein, except on the days of sweeping, and before ten Exception. o'clock in the morning of those days, under the penalty of Penalty. five dollars for each offense, to be paid by the occupant of the house or building from which the same was cast, and the person casting the same, severally and respectively. (Same, $ 2.) $ 3. No person or persons shall throw, cast, or lay any Ashes,offai, ashes, offal, vegetables,garbage,dross, cinders, shells, straw, ^iutoanV shavings, dirt, filth, or rubbish of any kind whatever, in p^ place. 121 any street, lane, alley, or public place, in the city of New York. (R. O. 1S59, Ch. XLV., $ 15.)» violation of $ 4, The violation of any of the provisions of the pre- foregoing 3 j x c?are0datoebe ceding section shall be, and is hereby, declared to be a )a~ misdemeanor, and shall be punishable by a fine of not less nor. penalty. ^^ Qne Jqji^ or more than ten dollars, or by imprison- ment in the city prison, for a term not less than one, nor more than five days. (Same, $ 16.) bf4he&crub" § 5- I* is hereby declared to be the duty of the proprie- r'ies" Settor or possessor of any foundries, forges, blacksmiths' shops, piadce°sthtor be oyster stands and other places for the sale of oysters or tto°pX>rif- other shell-fish, to employ carts, at their own expense, for own'expense. the purpose of removing the several articles enumerated in the loth section of this chapter, which may accumulate in their respective premises. (Same, $ 18.) Building $ 6. The owner or builder of any house or other building rubbish and 3 . . . . dirt to be re- which mav be erecting or repairing, m the city of New moved from J ° ■*• <-J * foresunset6" York, shall cause all the rubbish, of every kind, occasioned of each day. hereby, which may accumulate in the street, or be cast into the street, and all the ground, stone, sand, and clay, which may be dug from the cellar or yard, or area, or vault, and cast into the street, to be removed out of the said penaityfor street, before sunset on each day, under the penalty of five dollars for each day's neglect, to be recovered from the owner and builder, severally and respectively. (Same, $ 19.) if not re- $ 7. If any rubbish, ground, stone, sand, clay, shavings, pTovMefin 0r other substance, shall be cast into the street, and shall maySbVre- not ije removed, as required by the last section, it shall be moved by x * r , permtendent lawful for the Superintendent of Sanitary Inspection |_and of Sanitary_____________________.________.------------—-------------------------■---------------- liraith'wa^ (a) §§ 15, 16. An Ordinance passed May 2, 1849, in pursuance of an Act of Legislature, passed April 2, 1849, ante, Appendix of Laws. 122 Street Cleaning], and the Health Warden in whose round the same may be, to cause the same to be removed. (Same, §20.) $ 8. In addition to the penalty imposed by the 19th sec- es^sbele0«ie tion, the person who has so incurred the same shall also ^Xbe re. pay to the said Superintendent of Sanitary Inspection [and JH^'to Street Cleaning], and the Health Warden in whose round aboveV- OJ lie scribed for the said rubbish or other substance may have been, lor neglect. removing the same, double the usual and ordinary sum for the removal thereof, to be recovered in the name of the Mayor, Aldermen, and Commonalty of the city of New York, with costs of suit, by the Attorney of the Corpora- tion, in any court having cognizance thereof. (Same, $ 21.) $ 9. No person shall sift or screen any lime, ashes, dirt, ^oV^; or sand, or shake any carpet, cloth, or mat, in any street"", no/ear- in the city of New York, or shall employ, or suffer, or per- etc8,'shaken; mit any person so to do, under the penalty of five dollars penalty. for every such offense. (Same, $ 22.) $ 10. No collector of ashes, or other person, shall unload t0^sehedsu°p! from any cart, wagon, or other vehicle, in any of the streets street from of the city of New York, any ashes, by dumping or start- vehicle!" ing the same, in the street or on the sidewalk, under the Penalty. penalty often dollars for each offense. (Same, $ 23.) $ 11. No cinders or coal ashes, of any description, shall Xshes and J ' J x ' cinders not be laid or cast into any street, lane, or alley in this city ; [oaZ/strelT but shall be delivered to the ash carts provided for the deiVTed \l purpose of receiving the same, under the penalty of three p^any!"S dollars for each offense, to be paid by the occupant or occu- pants of the house or premises from which the same shall be cast, or the persons casting the same, severally and respectively. (Same, $ 24.) 123 AstbbekeCt §12* All ashes or cinders shall be kept, for the purpose ve«seis!allic °f delivering the same to the ash carts, in vessels of tin, penalty, iron, or other metal, under the penalty of one dollar for each offense. (Same, $ 25.) Ash and $ ig# The owner or owners, of any buildings or tene- garbage J J ° fumtehldbe ments i11 the C^y, below Fortieth street, are hereby required to provide a barrel, or tub, or box, of sufficient size to contain all the rubbish, coal ashes, and garbage that may accumulate from day to day, on his or her prem- ises, which said barrel, tub, or box, shall be placed on the sidewalk, in front of each house, or tenement, or such con- venient spot as shall be designated by the Street Inspectors of the several wards ; and it shall be the duty of the own- ers or occupants of all houses, tenements, &c, to put all their rubbish, coal ashes, and garbage, into said barrels, tubs, or boxes, when so provided ; and in case of negli- penaity. gence they shall be liable to a fine of one dollar for each offense. (Same, $ 5G.) (a) ARTICLE II. Sec 14. Loading cart with manure, sand, earth, etc., so that the contents shall be scattered in the streets prohibited ; penalty. 15. Dirt, rubbish, etc. (except for building purposes) shall not be depos- ited in the street without permission of the Common Council, under liability to be punished for misdemeanor. (a) By Section 17 of Ch. XLV. of R. 0. 1859, it is made the duty of the Superintendent of Sanitary Inspection, the Health Wardens, and Policemen, to enforce the observance of said chapter ; from which the foregoing sections, it will be seen, are almost wholly quoted. 124 16. No cartman, or other person, to remove from, or to dump or leave any dirt, sand, gravel, etc., in any street, without being duly authorized, or by permission from competent officer or person. 17. Penalty as to offenders. 18. Turf, stone, sand, or clay, not to be removed from any street or pub- lic place, without permission of the Common Council. 19. Regulation of carts used for conveyance of dirt, manure, sand, gravel, ashes, garbage, swill, etc. ; when required to be covered. 20. Violation (of Ch. XXXVII. R. 0. 1859) deemed a misdemeanor; punishable by fine. 21. Carts carrying manure to have close boxes ; size of box. 22. Penalty. 23. Superintendent of Sanitary Inspection may employ inspectors of manure ; their compensation. 24. Manure, etc. (except removed by order of Superintendent of Sani- tary Inspection) not to be taken at certain times, to any wharf south of Fourteenth street. 25. No place for deposit and sale of manure to be kept south of 28th street, except as provided in said section. 26. The deposit or dumping of manure, etc., on the Battery, prohibited. 27. Enforcement of preceding section. 28. Corporation Attorney authorized to prosecute for penalty. 29. Streets to be paved and have side gutters. 30. Sand, dirt and rubbish to be removed after paving ; no contract for paving to be accepted as completed without certificate of com- pliance with this section. 31. Penalty for neglect or refusal to comply with preceding section, in addition to expense of such removal by the Water Purveyor. $ 14. Any contractors, or other person or persons, causing carts not to any cart to be loaded and heaped up with manure, sand, as to scatter . manure, earth, mud, clay or rubbish, so that the contents, or any iarth> sand> J J &c, in any part thereof, shall be scattered in any street, avenue, lane, street- pier, or bulkhead, in this city, shall forfeit and pay the sum penalty. of five dollars for each offense. (R. 0.1859, Ch. XIV., $ 7.) $ 15. No person, without permission of the Common Earth,rub- bish, &c, not 125 to be dump- Council, shall dump or deposit any earth, dirt, rubbish, or lrreetubiicth' other article (except for the purposes of building), in any oUatcepe?nus- street, either upon the cartway or sidewalks, or any public place, under the penalty of ten dollars for every offense, and if the same shall be dumped or deposited by a dirt cart, the owner or driver thereof shall also be liable mis°d?meana to be punished for misdemeanor, pursuant to the provisions aucfwfthact of the act of the Legislature, entitled "An Act relative to Lturl. f 's the powers of the Common Council of the City of New York, and the Police and Criminal Courts of the said city," passed January 23d, 1833. (R. O. 1859, Ch. XXIV., $ 42.)* grSTc1', § 16. It shall not be lawful for the owner or driver oi moVedfrom", any dirt cart, or any other vehicle, or for any other person, edrin,esPt°reet to use or employ, or permit to be used or employed, any or other x . place, with- such dirt cart, or any other vehicle, for the conveyance or out authority • j . sTon permis" removal of any dirt, sand, gravel, stones or other thing, from any of the streets, or avenues, or highways, or from any lot of land, or other place, or to dump, deposit, or leave any dirt, sand, gravel, rubbish, or other thing, in any of the streets or highways, or on any dock or wharf, or on any lot or lots of land, within said city, without being duly authorized or permitted so to do by the public officer or other person competent to give such authority or permis- sion. (R. 0.1859, Ch. XXXVII, Art. II., $ 35.) $ 17. All persons offending against the provisions of the penalty, last section, shall forfeit and pay twenty-five dollars for each offense. (Same, $ 36.) xo person £ i s n0 person, without permission of the Common shall, with- ■» x x «L per7rrv Council, shall take up, remove, or carry away, or cause or S &cy, permit to be taken up, removed or carried away, any turf, from any_________________________________________________________________________________ public place. ° See Laws of 1833, under the head of Appendix. 12G stone, sand, clay or earth, from any street, public place, or highway in the city of New York, under the penalty of twenty-five dollars for each offense. (R. O. 1859, Ch. XXIV, $ 39.) $ 19. Every cart or other vehicle used to convey or Regulation J , , T r of dm, garb- transport dirt, manure, sand, gravel, mud, ashes, lime, age,^and garbage, swill, offal, or other loose materials, in any of the streets of said city, shall be fitted with a good and substantial tight box thereon, the sides of which shall be twenty-four inches, and the tail-board eighteen inches high, Size. so that no portion of such dirt, sand, or other loose mate- rial, [shall] be scattered or thrown into any of said streets; Contents and all carts, or other vehicles, when used in carting slacked f£§£& ' lime, garbage, offal, swill, or other offensive matter, or Lime> gar. ashes, shall have the box thereof closely covered with a other carts sufficient covering of cloth, or boards closely fitted, so as to ed, to Pre- ° vent nui- prevent the escape or flying about of any of the contents, sance. or effluvia therefrom; and every person using any cart, or other vehicle, for any such purpose, without its being so fitted, shall be deemed guilty of a violation of this chapter. (R. O. 1S59, Ch. XXXVII., Art. IV, $ 49.) $ 20. All persons, who shall violate or fail to comply violation with any of the provisions of this chapter, shall be deemed going deciar- guilty of a misdemeanor, and on conviction thereof shall be misdemean^ punished, pursuant to the provisions of sections 20 and 21 ^f^*8 of an act relative to the powers of the Common Council of the city of New York, and the Criminal Courts of said city, passed by the Legislature of the State of New York, Janu- ary 23d, 1833; or in lieu thereof, shall forfeit and pay, Penalty for the use of said city, ten dollars for each and every offense, except where a penalty is prescribed in said chapter. (Same, $ 48.)* be 6 See Appendix. 127 Manure $ 21. All manure shall be carted in close boxes, the front shall bi.' cart- _ ... ed in tjgiit and sides ofwhich shall be at least twenty inches in height, and the tail-board at least fifteen inches in height, and the said boxes shall be well secured, so as to prevent any part of the load from running out. (R. O., 1859, Ch. XXIIL, Art. III., $ 22.) $ 22. Every person who shall neglect or violate any of penalty, the provisions of this law, shall forfeit and- pay for every such offense the sum of five dollars, to be recovered in the name of the Mayor, Aldermen, and Commonalty of the city of New York, in any court having cognizance thereof. (Same, $ 23.) superm- $ og# t^ Superintendent of Sanitary Inspection [and sanitary in- street Cleaningl may, whenever he deems the same neces- spectionmay oj J J Sors 5of sai7> employ, not exceeding six persons, to act as inspectors mcompensa- of manure, under his direction, who shall receive at the rate of one dollar and fifty cents per day for every day they may be so employed. (Same, $ 24.) (a) Manure, &c $ 04. No manure, filth, or sweepings, other than that re- not to be re- •> x o wharf ^outh moved by authority of the Superintendent of Sanitary In- ?urfSBtcer- spection, [and Street Cleaning] shall, at any time between tam months. the firgt d^ of April and the last day 0f November, be carted or transported to any wharf to the southward of Fourteenth penalty, street, in the city of New York, under the penalty of ten dol- lars for each offense. (R. 0.1859, Ch. XXIIL, Art. III., $ 27.) no place for * 05. No deposit of manure for sale, shall be kept at any the sale of J x •»■ manure^shaii place in the city 0f New York, south of Twenty-eighth strueeht°f2ex- street, except as hereinafter mentioned, under the penalty 'Tpermif" of twenty-five dollars, to be paid by the owner or owners Ponoltv ■' (a) Section 25 forbids all persons, other than those employed by the Cor- poration for that purpose, to remove any manure from the streets or other public places. t Penalty. 128 thereof, or the occupant of the lot or lots, or other place in which such manure shall be kept, severally and respect- ively. But it shall and may be lawful for the Aldermen and Councilmen of the several districts to permit, in writing, under their hands, the depositing of manure in any lot or other place in said district, south of Twenty-eighth street, with the written consent of the owner of the ground, By whom 0 and when between the first day of November and the first day of ^f™^^ March in each year, under such regulations, and during such time as they may deem proper, and subject to be removed at any time whatever, on the order of said Alder- men and Councilmen. (Same, $ 28.) $ 26. No person shall deposit, or cart manure of any Prohibition ■* x x "'of dumping kind, dirt, filth, sweepings of streets or rubbish, upon m,anUo^d|h^ that portion of the city known as the Battery, or upon Battery- the Battery enlargement, under the penalty of twenty- Penalty. five dollars for each offense, to be recovered from the owner of any boat, cart or other vehicle, or the person having charge of the same, severally and respectively. (R. O. 1859, Ch. XXV, $7.) $27. The Mayor of the city is hereby authorized to enforce the provisions of the last section, until a sea-wall Enforce- meat. is built around the Battery enlargement. (Same, $ 8.) $ 28. The Corporation Attorney is hereby authorized and directed to prosecute for the penalty, all complaints Recovery n • i - r> • o of penalty. lor any violation of section 7 of this chapter. (Same, $ 9.) $ 29. All streets in the city of New York, of twenty- streets two feet in width and upwards, shall be laid or paved in ed and have ,, • -i n i-i n • side guMer8 the middle, which part shall remain as a cartway, and shall have a gutter or kennel on each side next adjoining the footpath, and shall be paved with sufficient paving stone, and arched in such a manner as the Croton Aqueduct Board shall direct. (R. O. 1859, Ch.. XIV, $ 1.) 129 ?and, dirt, $30. Any and all persons, other than the Water Pur- and rubbish J J x ed aftermav- veyor> Wl±0 may hereafter pave or cause to be paved, any ing streets. street, lane or other thoroughfare, or portion thereof, in this city, shall have the sand, dirt and rubbish cleaned off said street, lane or thoroughfare, or any part thereof, within twelve days after any such pavement shall be com- pleted, except such pavement as shall be laid over pipes, which shall be cleared off within six days after the same » shall be laid ; this section shall be so construed as to apply to the removal of all sand, dirt or rubbish collected in any part of any and all streets, lanes and thoroughfares covered by any pavement so done or laid, or excavation that may have been made, or other work done in pursu- ance thereof; and no contract for paving in pursuance of this section, shall be accepted as completed, unless the Water Purveyor shall certify that this section has been fully complied with. (Same, $ 5.) penalty for $ 31. Any person or persons, excepting the Water Pur- compiy with veyor, neglecting or refusing to remove the dirt, sand or rubbish, mentioned in section five of this chapter, within the time specified therein, shall forfeit and pay the sum of twenty-five dollars for each offense ; and in addition thereto, the Water Purveyor shall cause the same to be removed at the expense of the party so neglecting or refusing, who shall be liable to repay and refund the same, and which shall be collected and paid into the city treasury. (Same, $ 6.) 9 130 ARTICLE HI. Seo. 32. Swill, or other vegetable fluid not to be permitted to be conveyed, or deposited into any street, sewer, or drain. 33. Kitchen and waste water to pass across sidewalks through covered gutters ; such gutters to be kept free from obstruction. 34. Stinking, noxious, impure, offensive, or noisome water prohibited from being cast or allowed to run into the street. 35. Water from breweries, distilleries, and manufactories, not to run in $ any street, except during hours specified. 36. Preceding section not to apply to water from steam engines. 37. Sidewalks not to be overflowed. 38. Washing or scouring of clothes, &c, in the streets, prohibited under penalty. 39. Clothes, &c, not to be dried in any street under penalty. 40. Sidewalks and gutters to be kept in good repair. 41. Power of the Street Commissioner in relation thereto. $ 32. No person shall convey, or deposit, or cause or sh^'JJX^ permit to be conveyed or deposited, into any street, sewer, ^°se^ ™ or drain, in the city of New York, any swill, or other vege- fe^tTe0f' table fluid, liquid or substance, under the penalty of fifty rpennaity. dollars for each offense. (R. O. 1S59, Ch. XLV., $ 32.) $ 33. It shall be the duty of every person, from whose waste water to pass kitchen or lot any water may pass into any street, across across side- the sidewalk, to cause the same to pass through a covered covered gut- gutter under such sidewalk, and to keep such gutter at all times clear of ice and every other obstruction, so that the water shall pass freely through the same, without over- flowing, or running upon the surface of the sidewalk, under the penalty of ten dollars for every day that such duty may penalty. be neglected. (Ch. XL V, $ 27.) $ 34. No person shall cast or throw, or suffer to run into any stinking or street, lane or alley in the city of New York, from his, her, nottobecast 131 or run into or their house, houses or premises, any stinking, noxious, (a) any street, . &c- impure, offensive or noisome water, or any substance or penalty, thing, in a liquid or flowing state, under the penalty of twenty-five dollars for each offense. (Same, $ 28.) (b) b^wedesT ^ 35. No brewer, distiller, dyer, soap maker, or other icTnot'to person, shall cast, or throw, or suffer the water to run from st°reet)t0 exe his manufactory, shop, house or establishment, into any ta?n hours, street, except between the hours of eight in the morning and five o'clock in the afternoon, from the first day of De- cember, until the first day of April, in any year, under the penalty of twenty-five dollars for each offense. (Same, $ 29.) Exception £ qq. The last preceding section shall not be construed as to water 3 i o ern0gtaes6team *° prevent the casting of water from any steam engine, at any time during the year, in the city of New York. (Same, $30.) sidewalk <$, 37. Whenever any water shall be cast or thrown, as shall not be 3 J bvewa°tlred provided in the twenty-ninth section of this chapter, the person or persons so casting, or suffering the same to run from their premises, shall clear a passage for the same along the gutter, to the river or public sewer, so that the same shall not overflow the curb-stone or sidewalk, under the penalty of twenty-five dollars for each neglect. (Same, $ 31.) ciothes, $ 38. No dyer or scourer, or any other person, shall &c. shall not 3 •> > * x scoureded to wash, rinse or cleanse, or cause or procure to be washed, any street. rinse(j or cieansed, any cloth, yarn or garment, in any street in the city of New York, under the penalty of ten Penalty, dollars for each offense. (Same, $ 52.) ciothes, &c, $'39. No dyer or scourer, or any other person, shall street Jetcny place or suspend, or cause or procure to be placed or sus- (a) See Addenda. (6) From Ordinance "Of Streets and Roads," passed'May 9, 1839. 132 pended, in or over any street in the city of New York, any cloth, yarn or garment, for the purpose of drying the same, under the penalty of ten dollars for each offense. Penalty. (Same, $ 53.) $ 40. The owner or owners, lessee or lessees, occupant sidewalks and gutters or occupants of any house or other building, or vacant lot, to be kept in x j o' ^ good repair fronting on any street or avenue, shall, at his, her, or their charge and expense, well and sufficiently pave, according to the ordinances, and keep and maintain in good repair, the sidewalks and curb and gutter of such street or avenue, in front of any such house or other building or vacant lot. (R. O. 1859, Ch. XV, $ 14.) $ 41. Upon complaint being made to the Street Com- upon com- . x . x ° plaint of missioner, to his satisfaction, that any sidewalk and curb omission,the ' J Street Com- and gutter, or either, are not paved or repaired according missioner to the ordinances, it shall be lawful for the said Commis- ™l%™ t0 be sioner to cause a notice to be served upon the owner or owners, lessee or lessees, occupant or occupants, of any such house or other building, or vacant lot of ground front- ing on any street or avenue, to repair or relay, as the case may require, the sidewalk and curb and gutter, or either, in front of the same, within ten days after the service of such notice. (Same, $ 15.) (a) (a) The E. O. 1859 further provides (Ch. XIV., § 16) in case of default, that the Street Commissioner order the same to be done, (§ 17) the expense thereof be paid out of the appropriation for sidewalks ; the Street Commis- sioner (§ 18) to report the same to the Corporation Attorney, who shall recover the amount so paid, with ten dollars as a penalty, and (§ 19) upon return of the account of moneys so recovered, the Comptroller to credit the fund appropriated as aforesaid. These provisions of the ordinances are here included because persons frequently complain of nuisance arising from the collection of stagnant and filthy pools at places where the pavement may be broken, or the gutter stone sunken, &c. 133 CHAPTER VII. OF THE CLEANING OF STREETS, &c, BY CONTRACT/aj AND OF THE REMOVAL OF SNOW, ICE, &c. ART. I. Of the Cleaning of Streets by Conteact. II. Of the Removal of Snow and Ioe. AETICLE I. Sec. 1. The city, with the exception of Twelfth Ward, constituted one con- tract district. 2. Contractor to cause all streets, avenues, &c., to be cleaned and swept once in each week; dirt, manure, &c., to be immediately removed. 3. Contractor to cause all dirt, filth, &c, to be removed from the pub- lic markets every Sunday, before 9 o'clock, A. M., and every other day (Saturday excepted) before 4 o'clock, P. M. 4. Contractor to cause to be removed from the streets, all ashes, garb- age, &c, between the hours of 7 A. M., and 6 P. M., daily (Sunday excepted). 5. Ash cartmen to have a bell, to give notice of approach. 6. Broadway and other principal streets; how often to be swept. 7. The streets in the 1st, 2d, 3d, 4th, 5th and 6th Wards, also Third and Sixth avenues to Fourteenth street, to be swept once a week ; streets below Chamber street to be cleaned during the night time; exception, when weather prevents work. 8. Contractor to remove snow, ice, &c., from crosswalks, gutters, and from in front of public buildings and places, within twenty-four hours ; streets to be kept passable for vehicles during the winter, &c. (a) See Appendix, for Act of Legislature 1860. 134 9. Contractor required to remove dirt, manure, &c, from the city as collected; berths to be designated by the Common Council for vessels engaged in said removal; contractor to protect same against infringement. 10. Of the failure by contractor to perform his duty, after notice ; penalty ; failure for one week to perform his contract, to be inves- tigated by the Common Council; contract may be annulled or specifically enforced; duty of the City Inspector, after annul- ment, to advertise for proposals for execution of said work ; liability of contractor and his sitretiesto the city. 11. Contractor to remove, without expense to the city, all dirt, filth, &c, taken from basins and sewers by the Croton Aqueduct Department. 12. Use of Croton water allowed to contractor, under restrictions and liability for damage. 13. Contractor to give security to the amount of $200,000, to be approved by the Comptroller ; Comptroller to retain 10 per cent. of payments till the end of each year. 14. The City Inspector directed to advertise for proposals to contract, for five years, for work of cleaning streets ; Common Council to con- firm said award. AETIC'LE I, Of the Cleaning of Streets by Contract. $ 1. The city, with the exception of the Twelfth Ward, Distr(;°ttract shall constitute one contract district. (R. O. 1S59, Ch. XXIIL, Art. I., $ 1.) $ 2. The contractor shall cause the surface of all streets,, Contra(=tor J ' to cause all avenues, lanes and alleys, and all gutters, wharves, piers, nues^&c^o" heads of slips, public lands and places, and the limits of and CswePt the public markets, to be thoroughly cleaned and swept week."1 e once each and every week; and all dirt, manure, ashes, garbage and rubbish, so swept up, to be removed immedi- ately therefrom. (Same, $2). 135 toremo've^n § 3* Tlie sai(* contractor shall cause all dirt, filth and ic'Viomthe rubbish, of all and every kind, to be removed from each of every %un- the public markets, and such other public markets as shall nine o'clock, hereafter be erected, and the limits thereof within their and other . ,. . 0 „ days, before respective districts, every Sundav, before the hour of nine four o'clock, p-M- o'clock in the morning, and every other day excepting Saturday, before four o'clock in the afternoon. (Same, $ 3.) toCcanseCtre^ § ^' The said contractor shall cause to be removed from Shis! °garb- the streets, in tight carts, all ashes, garbage, rubbish, and every0'day, sweepings of every kind, which may be delivered to them, except Sun- . , i • -1 11 day. or that may be placed in vessels upon the sidewalks, or m the front area of, or upon the upper area step of, any dwelling house, store or public building, between the hours of seven A. M., and six P. M., of each and every day, Sundays excepted. (Same, $ 4.) Ash-cart- * 5 The drivers of all carts employed as ash carts, shall men to have •> ■ x J noiice°ofgive have a bell attached to their carts or harness, that notice JroachP" of their approach may be had ; and shall receive all ashes, garbage, sweepings and rubbish, which shall be delivered them, or that may be placed upon the sidewalk in vessels, or in the area, or upon the upper cellar step of every dwell- ing house, store, or public building. (Same, $ 5.) Broadway, $ 6. Broadway, from the Battery to Fourteenth street, Chatham™' g^all be swept, during the ni^ht and before the hour of street, Bow- x ° Jr , -r> 1 l ery, Fulton 7 ^ m once every twenty-four hours ; Bark row and street, Cort- •-*•■■■> J •> ™ slreet; Chatham street, Bowery to Grand street, Fulton street, ^JKT' east from Broadway ; Cortlandt street, Wall street, Maiden S^Zw Lane, Whitehall street, and Grand street, east from Broad- swept.'0 °e way? shall be swept seven times in each month. (Same, $ 6.) streets in $ 7. All streets, lanes and alleys, embraced in the First, wlrda, Tn.i Second, Third, Fourth, Fifth and Sixth Wards, together FouielV0 with Canal street, West Broadway, Third and Sixth 136 avenues, to Fourteenth street, shall be swept in like man- ^ereet> gwe*° ner, once per week, and all the dirt, manure, ashes, gar- once a week- bage, and rubbish of every kind, so swept up, shall be re- moved immediately therefrom. All streets below Chambers streets be J low cham- street shall be cleaned during the night, and before the t>ers street o ° to be cleaned hour of seven A. M., between the first day of May and the at night. first day of October ; and during the night, and before the hour of nine o'clock A. M., between the first day of October and the first day of May, in each year. When the performance of such work is impracticable, Exception when wea- from the state of the weather, the City Inspector may, from ther pre- 1/1 J vents work. time to time, in writing, designate a later hour for the work, or dispense with the same temporarily ; but said officer shall not grant such dispensation for a period longer than one week from the date thereof. (Same, $ 7.) $ 8. The said contractor shall remove snow, ice, and . SnOTy> • 3 , ' ' 4c., to be other obstructions from the crosswalk and gutters, and fr™ve£.oss. shall also remove snow, hail and ice from the front of all J^!xs, and public buildings and places, engine houses, station houses, 0rf°m "public and court rooms, within twenty-four hours after such snow and places, ,.,,-. by the con- or hail has ceased to fall, and shall keep the streets conve- tractor. niently passable for vehicles, during the winter, and clean ^^Jjj^! all gutters intersecting the same. (Same, $ 8.) 3£for vehi" $ 9. The said contractor shall remove from the city, all to^emove dirt, manure, garbage, ashes, and rubbish of every kind, as tejS fast as the same can be collected, and no deposit of any \£L£ °01' kind shall be made in the city, except such as may be suit- able to fill up low ground, or sunken lots, and that may be required for such purpose, with the consent of the owner of such ground or lots, and of the City Inspector. The city will furnish to the contractor the right to use the berths?,,desisna- designated by the Common Council, for the loading of ves- fn'Svfu'1 137 sels, but the contractor must protect the right thereto from unlawful infringement. (Same, $ 9.) contactor to §10- If the contractor shall fail to perform any duty duty°rmafter required by these specifications, for the space of twenty- four hours after he shall have been notified thereof, by notice in writing, left at his residence or place of busi- penaity. ness, by the City Inspector, he shall be subject to a fine of five dollars for each and every street so reported; and should said contractor fail to perform his contract, accord- ing to the written specifications, for a further space of twenty-four hours, in regard to the street or streets so reported, he shall be subject to a further fine of twenty- five dollars; said fine to be deducted from the reserve fund of ten per cent., hereinafter provided for ; and if such fund is not sufficient, then such fine or fines shall be deducted from such moneys as may be due, or become due, said contractor from the city. Should the said contractor Failure for further fail of performing his contract, as aforesaid, for the one week to x o contract bto sPace of one week, the City Inspector shall, forthwith, te^by^toe without any delay, communicate the facts in relation aST thereto to the Common Council, and the said Common Council shall, thereupon, proceed to investigate the alleged non-performance of said contract, by said con- contra.t tractor; and it shall be optional with said Common Coun- Miied or cil to annul said contract, or compel a specific performance specifically x - _ enforced, thereof by said contractor, or his sureties. Should the said contract be annulled and declared forfeited, as afore- said, the said contractor shall not be entitled to claim any moneys for any work performed under said contract, after a resolution, annulling said contract, shall have been approved by the Mayor, and written notice thereof given said contractor, in person, or left at his office, or place of business. After said contract shall have been annulled, as 138 aforesaid, it shall be the duty of the City Inspector, forth- City »£** with, to advertise for proposals for cleaning the streets un- "u'ime'nt, ato contracted for, in compliance with the specifications herein, proposals for and to cause the work, under said forfeited contracts, to be done by other persons, pursuant to law, and the specifica- tions herein; and all charges for such work, over and above the amount that the aforesaid contractor would have been entitled to for the same, together with such other expenses, losses, &c, that would have been incurred by the city, by reason of said forfeiture, shall be charged to said contractor; provided, however, that neither said contractor of c^atb™ty nor his sureties shall be liable for any expenditure or loss g^ues £,, sustained by the city, by reason of said forfeiture or annul- p°eSnse°to the ment of said contract, after the expiration of thirty days C1 from the date of said annulment, and notice thereof, as aforesaid. Should the payment due, or becoming due, to the said contractor, be insufficient to reimburse the city for the expense incurred by reason of said annulment, the Comptroller shall then direct such action to be taken in law as may be necessary to recover from the sureties of said contractor any deficiency that may arise by reason thereof. (Same, $ 10.) $ 11. The said contractor shall receive from the Croton contractor to remove all Aqueduct Department, and carry away, all dirt, rubbish, dirt> fi'th> and filth taken from the receiving basins and sewers, free fr< &c., taken from sewers, by t'roton from any charge or expense to the city, or said Croton p2rtment.De~ Aqueduct Department. (Same, $ 11.) $ 12. The contractor shall be allowed to use the Croton rseof cro- ton water al- water from hydrants, for sprinkling streets m advance oflowodtocon- the sweepers employed therein, but not more than one hydrant to be open at a time, and this only so far as to Restriction. enable him, conveniently, to fill his watering-pots, and to 139 Liability, be carefully closed when left. The said contractors to pay for repairs, by the Croton Aqueduct Department, of hydrants damaged by the said contractors, or the men in their employ. (Same, $ 12.) security to $ 13. The contractor shall give good and sufficient secur- the amount of $2co,ooo ity in an amount or amounts from not more than ten sure- to be given J by contract- ties 0f ^wo hundred thousand dollars, for the faithful per- or. ' -*- to be ap- formance of his contract; such security to be approved by proved by ^ x x * the comp- £jie Comptroller ; and the Comptroller shall draw his war- troller. rant, semi-monthly, for the proportionate amounts of the 10 per cent, contract, after having deducted ten per cent, from each pay- to be retail ment, except as hereinbefore otherwise provided, until the ed to the end ' x x of each year. expiration of each year from the time of the award of his contract, upon a certificate of the City Inspector of the faithful performance of the work. If, at the expiration of each year, as aforesaid, the contracts have been faithfully performed on the part of the contractors, to the satisfaction of the City Inspector, and he shall certify thereto, then the Comptroller shall issue his warrant for the additional ten per cent., deducted from the aforementioned payment. (Same, $ 13.) city in- $ 14. The City Inspector is hereby authorized and di- rectedrto ad-rected to advertise for proposals, and to contract with the pr<>i»-sais fto iowest bidder, pursuant to the provisions of the Charter, for foVre workarof cleaning the streets and avenues of the city, for a term of streetef &c. five years, in compliance with the specifications herewith accompanying, and that he transmit the said award of con- firmed6 Ty tract to the Common Council, for confirmation. (Same, $ 14.) the Common 140 ARTICLE II. Of the removal of Snow and Ice. Sec. 15. Snow, ice, &c, to be cleaned from sidewalks and gutters; penalty. 16. When snow or ice cannot be removed, ashes or sand to be strewn on the sidewalks within four hours; penalty. 17. Duty of Superintendent of Sanitary Inspection to have crosswalks and gutters cleared from snow and ice, and kept free from obstruction. 18. Duty of the Superintendent of Sanitary Inspection to enforce the preceding sections. 19. Expense to be paid by owner, occupant, or person having change of any such premises ; may be sued for and recovered in the name of the Corporation. $ 15. The owner, or occupant, or person having charge |g e^f ed of s ice, &c. of each house or other building, or lot or lots of ground, in ed the city of New York, shall, within the first four hours after every fall of snow, or hail, or rain, which shall freeze on the sidewalks and in the gutters, cause the same to be re- moved entirely from off the sidewalks opposite such house, building, lot or land, under the penalty of three dollars for penalty. every such neglect, to be paid by the said owner, occupant, or person having charge, severally and respectively. (R. O. 1859, Ch. XXIIL, Art. II., $ 15.) $ 16. In case the ice or snow shall be so congealed that when ji i • i • • i jn snow or ice it cannot be removed without miury to the pavement, the cannot be ° J x removed, owner, occupant, or person having charge of any building, ^6 strewn lot or land as aforesaid, shall, within the first four hours on sidewaUdl after every fall thereof, cause the sidewalks opposite his, her, or their premises, to be strewed with ashes, or sand, under the penalty of one dollar, to be paid by the owner, penalty. 141 or occupant, or person having charge thereof, severally and respectively. (Same, $ 16.) Duty of $ 17. (a) Itshallbethe duty of the Superintendent of Sani- Superintend- ■» \ / j x tery°in^ec- ^ary Inspection [and Street Cleaning], immediately after cr°(wst-wakikaP every fall of snow, or hail, or rain, which shall freeze on the freefrwno™ crosswalks, or in the gutters, forthwith to cause the same to snow or ice. be removed from the said crosswalks, and from out of the said gutters, to the breadth of one foot, in the several wards respectively; and the said crosswalks and gutters shall be kept clean and free from all obstructions. (Same, 17.) (b) suDermtend.e §18. In case the owner, occupant, or person having tary°inspec- charge of any house, lot, building, or land, shall neglect to forcet0 pre- comply with any of the provisions of the previous sections tfons. c of this chapter, it shall be the duty of [the] Superintendent of Sanitary Inspection [and Street Cleaning] to cause the same to be done. (Same, $ 19.) be^XV0 §19. In addition to the penalties imposed by the pre- paTteror°plr"- ceding sections of this chapter, said owner, occupant, or c2argeavmff person having charge of any such premises, shall likewise premises8.™0 pay to the Superintendent of Sanitary Inspection [and Street Cleaning] (c) for causing the snow to be removed, as provided in the last preceding section, the sum of (a) Chap. XXVIII., Ord. 1845, required of the owners and occupants the execution of this work ; but by Ordinance, passed February 7, 1852, the removal of snow, &c, from crosswalks and gutters was imposed upon the Street Inspectors. (6) § 18 relates to the leveling of snow in the streets, for the passing of horses, sleighs, and carriages. (c) The designation of this officer is here given as in the Eevised Ordi- nances ; it should be "Superintendent of Sanitary Inspection," according to the amended charter of 1857. 142 eighteen and three-quarter cents for every twenty-five feet in width, which shall have been cleaned by order of the said Superintendent, and so in proportion for any greater or less extent; which said amount the said Superintendent may sue for and recover, in any court having cognizance thereof, co^£aar?n in the name of the Mayor, Aldermen, and Commonalty of }{£ Xyor? Aldermen, the city of New York; the same being first demanded, and com- monalty, (Same, $ 20.) 143 CHAPTER VIII. OF THE PROHIBITION OF STAGNANT WATER AND OFFENSIVE SUBSTANCES. ARTICLE I. Sec. 1. Made ground (or formerly covered with stagnant water) not to be turned up during certain months ; penalty. 2. Prohibition against keeping noisome or unwholesome substances, &c. ; penalty. 3. Farmers and other persons prohibited from keeping or bringing into city undressed hides, &c. ; penalty. 4. Exception in relation to Beekman's Swamp. Made $ 1. No made ground, or ground formerly covered with ground (or , 1 . ,, formerly gait or stagnant water, withm the city of New York, shall covered with ° terTanotwto ^e turned up, or the surface thereof removed, at any time duHnrgnedceUrP between the first day of June and the first day of October, tam months. in ^ ^^ unjess by special permission of the Common penalty. Council, under the penalty of one hundred dollars for each offense. (Chapter XL V., $ 1.) (a) prohibition $ 2. No person shall have, make, use, or keep, in his or uf ^nofsome her premises, at any place in the city of New York, any somenvv sub" noisome, offensive, or unwholesome substance, or any vat, pit, or pool of standing water, whether for tanners', penalty, skinners', dyers', or other use, under the penalty of fifty dollars for each offense. (Same, $ 2.) (a) See Appendix of Acts of the Legislature. 144 Farmers other $ 3. No tanner, skinner, or other person shall bring to, and or keep for the period of twenty-four hours, in any part of g?^ from the city of New York, south of Fourteenth street, any un- Hnfginto' , 1 n i city undress- drCSSed or uncurried hides, skins, or leather, or any blubber, ed hides, &c. or other materials whatever, for dressing the same, which may cause any noisome, (a) offensive, or unwholesome smell, under the penalty of fifty dollars for each offense. Penalty. (Same, $ 3.) $ 4. The preceding sections, two and three, of this chap- inreSnto ter, shall not be construed to affect any vat, or vats, pit, or swamp. pits, in the place commonly called Beekman's swamp, in the city of New York, which were made and erected on or before the 29th day of March, in the year of our Lord one thousand eight hundred and six. (Same, $ 4.) (a) See Addenda. 14-5 CHAPTER IX. OF THE BUSINESS OF BONE-BOILING, BONE-BURN- ING, AND SIMILAR ESTABLISHMENTS. Sec. 1. The trade or business of bone-boiling, bone-burning, bone-grinding, horse-skinning, cow-skinning, or skinning of dead animals, or the boiling of offal, prohibited. 2. Penalty for violation of preceding section ; duty of magistrate to cause the arrest and detention of offenders. 3. Duty of the City Inspector to give notice to discontinue trade or busi- ness (prohibited by § 38); and direct all offensive or unwhole- some materials to be removed within forty-eight hours. 4. Requirements in relation to form and manner of service of such notice. 5. If such business be not discontinued and materials removed, after notice, the City Inspector to have authority and to enforce the discontinuance and removal. 6. Statement of the expense to be prepared by the City Inspector, speci- fying the lots and owners, and proceeding taken to recover the same as provided by law. The trade $ 1. It shall not be lawful for any person or persons, of bonTbofi- incorporated or unincorporated, to carry on, establish, burning, prosecute or continue, within the city of New York, the bone-grind- ■•■ mg, horse- OCCUpation, or trade, or business of bone-boiling, bone- BKinning, I ' *-" EfeESsidn- burning, bone-grinding, horse-skinning, cow-skinning, or an°maisfeor skinning of dead animals, or the boiling of offal; and any oira]bpr1onhib- such establishment or establishments, or place of such busi- ness, existing within the limits aforesaid, shall be forthwith removed out of said city, and such trade, occupation, or business shall be forthwith abated and discontinued : pro- vided, that nothing herein contained shall apply to the 10 146 slaughtering or dressing of animals for sale in said city. (R. O. 1S59, Ch. XLV, $ 38J (a) $ 2. Every person or corporation violating, refusing, or v ^^for failing to comply with the provisions of the thirty-eighth ^^ng section of this chapter shall, upon conviction thereof before any court of competent jurisdiction, be liable, for every such offense, to a penalty of five hundred dollars ; and every person or persons, engaged or employed in any such trade, or business, or occupation, prohibited by the said section of this chapter, or violating the provisions thereof, or refus- ing or failing to comply with the same, shall, in addition to said penalty, be considered guilty of a misdemeanor, and, on conviction, shall be subject to fine or imprison- ment, or both, at the discretion of the court. And it is Mag^SStesof made the especial duty of all magistrates and police offi- cause arrest -.-.,,. r»i! .u ot offenders. cers to cause the arrest and detention ot all persons guilty of violating the provisions of this chapter of the ordinances. (Same, $ 39.) $ 3. It shall be the duty of the City Inspector to ascertain Duty of the whether any such trade or business is carried on, or con- ^f^*5,^; tinued, or established within the limits aforesaid, and to l™£ trTie or cause notice in writing to be served upon the person, per- aniTremove .. . . . , . -. offensive or sons, or corporation carrying on or continuing such trade or unwhole- some mate- business, directing every such person, persons, or corpora- rials ™}hin tion to discontinue the said trade or business, and to cause hours- all offensive or unwholesome materials, or things apper- taining to said trade or business, to be removed without (a) The first ordinance prohibiting bone-boiling, &c., was adopted by the Common Council and approved by the Mayor, September, 1850—the first and second sections, of the same being amended by ordinance, approved by the Mayor, October 16, 1850 ; no important alteration therein being made in the revision of 1859. 147 the limits aforesaid, within forty-eight hours after the ser vice thereof. (Same, $ 40.) Form and $ 4. jf the name of any such person shall be known to manner of ■> J x suchnoticef the said City Inspector, the same shall be inserted therein ; but if any such name be unknown to said City Inspector, it shall be sufficient, after diligent inquiry for the same, to direct such notice in the following manner: "To the " person, persons or incorporation concerned (a) in the carry- ing on or continuance of the business of (specifying the "same), at (specifying the place of such business), and " every of them," without any other name or addition; and such notice may be served by leaving the same with any person of suitable age and discretion, upon the prem- ises where such trade or business is so carried on ; or if the same be closed, or no person be found upon the premises, upon whom the same can be served, then, by posting such notice in a conspicuous place upon such premises; and, in case the person or persons to whom such notice is directed be known to the City Inspector, the said notice may be served by leaving the same at the place of residence of such person, with any person of suitable age and discre- tion. (Same, $ 41.) if such $ 5. if such trade or business, so carried on and con- business be 3 tmueddisca°nd turned, shall not be discontinued by the time specified in move/ffftlr such notice, and all offensive or unwholesome material and cuyTnspe^t6 things appertaining thereto, removed from within the authority^6 limits aforesaid, within the time aforesaid, it shall be the force the dis-(juty of the said City Inspector to cause the same to be continuance J J x and removal. ^onGj an(j he shall have authority to do all things necessary in order to shut up and discontinue such trade or business peaceably, and to remove beyond the limits aforesaid all (a) So in the original. 148 such offensive or unwholesome material or things. (Same, $42.) $ 6. It shall be the duty of the City Inspector to pre- statement J J J x x of expense pare a statement, showing the expenses incurred in the j^6 fiPre- execution of the last preceding five sections, specifying the fn^Phadee?o lot or lots whereon such trade or business has been so same. carried on or continued, and the name or names of the proprietor or proprietors, owner or owners of the same, so far as the same may be ascertained; and such statement shall be filed in the office of the Street Commissioner, and such proceedings shall thereupon be taken for the collec- tion of the amount of the sum so expended in carrying the said section into execution, as are provided or allowed by law. (Same, $ 43.) 149 CHAPTER X. OF THE INTERMENT OR REMOVAL OF THE REMAINS OF DECEASED PERSONS FROM THE CITY, AND OF REGISTRATION OF DEATHS (a). ART. I. Of the Bureau of Records and Statistics. II. Of TnE Prohibition of Burials in tiie City of New York; and the Removal therefrom of toe Remains of Deceased Persons. ARTICLE I. Sec. 1. Of the Registrar of Records; duties. $ 1. The chief officer of this bureau shall be called the " Registrar of Records," and is charged with the duty of keeping all returns of inquisitions taken by the coroners of the city and county of New York, which shall be made or returned as by law provided, and the records of births, marriages and deaths and such other records as may be by law or ordinance required to be kept in this department; the granting and recording of all burial permits, and per- mits for the disinterment of the remains of deceased persons, (a) In relation to the duty of the City Inspector to keep registry of deceased persons, see act of Legislature passed April 18, 1817 ; amended by act passed April 2, 1853 ; also, see ante Chapter I., Art. XI., Sec. 18, 19 and 27, of this compilation. 150 and the preparation of all documents, or reports of said department, relating to said bureau; and the keeping of all such books, accounts or records; and perform such other duties as the City Inspector may, from time to time, direct; and he shall assist the City Inspector in the per- formance of the duties imposed upon that office, and for that purpose he shall possess, in relation to the duties of his bureau, all the powers which are now, or may hereaf- ter be conferred by ordinance upon the City Inspector, relative thereto, and shall receive an annual salary of twelve hundred dollars. (R. O. 1859, Ch. VII., Art. V, $71.; ARTICLE II. Sr.c. 2. No grave to be opened, or dug, in any burial ground in the city, south of Eighty-sixth street, except in private vaults or cemeteries, existing at the time of the passage of this ordinance ; penalty. 3. No new cemetery or burying ground to be opened in any part of the city and county of New York ; penalty. 4. Interments in vault or grave, at any place south of Eighty-sixth street, required to be in a vault or grave, at least six feet deep ; penalty. 5. Prohibition of removing, disturbing, or exposing any dead body or coffin, after interment, without previous permission ; penalty. 6. Sexton, or person having charge of burial ground, in the city of New York, to make weekly report of interments therein ; form of report. 7. Ringing of church bells, for funerals, prohibited, without the per- mission of the Common Council being had ; penalty. 8. Penalty for violation of section (6) five of the Revised Ordinances of 1859. 151 9. Duty of City Inspector to furnish blanks to sextons and other per- sons having charge of burial grounds. 10. Prohibition of the interment of remains of deceased persons in the city of New York, without a certificate stating name, age, with place of birth, death, &c. 11. Captains of steamboats, and other persons, forbidden to remove or convey the body of any person who shall have died in the city from the city, without a permit from the City Inspector ; penalty. 12. Duty of City Inspector to grant permit for removal, on receiving proper certificate, in accordance with section (10) nine of the Revised Ordinances. 13. The Mayor and City Inspector, in ordinary cases, may grant permit • for the disinterment and removal of remains of deceased per- sons ; in other cases, application to be made to the Common Council. 14. Interments in the new Roman Catholic (Calvary) Cemetery may be made by general permit, provided the sexton of St. Patrick's Cathedral make report thereof, in conformity with section (10) nine of this chapter of the Revised Ordinances. No grave $ 2. No person shall dig or open any grave, or cause to be opened J x ° x -, • • in any burial or procure any grave to be dug, or opened, in any burying 86tnS°str^etf ground, cemetery, or church yard, or in any other part or place in the city of New York, south of Eighty-sixth street, Pee ?' h' or shall inter or deposit, or cause or procure to be interred 1813} CD. ot). -*- ■*- or deposited, in any such grave, or in any vault or tomb, except in private vaults and private cemeteries now exist- ing, any dead body, within the limits aforesaid, under the penalty of two hundred and fifty dollars. (R. 0.1S59, Ch. XLIX., $ 1.) (a) xrw com- $ .3. No new cemetery or burying ground shall hereafter etery or bu- y J J o a rio1~srtoUnbe be established in any part of the city and county of New openedmthe ^ew York, and no person shall dig or open any grave, or (a) Ordinance passed February 3d, 1851; Ordinance to take effect May 1st, 1851. 152 cause or procure any grave to be dug or opened, in any such new cemetery or burying ground, or shall inter or deposit, or cause to be interred or deposited, in any such grave, or in any vault or tomb, in any new cemetery or burying ground, as aforesaid, any dead body, under the penalty of two hundred and fifty dollars for every such offense. (Same, $2.) $ 4. No person shall inter any corpse in any vault or interments grave, in the city of New York, north of the limits men- feraagvtXxfe^ tioned in the first section of this chapter, (a) unless such vault m depth' or grave shall be, at least, six feet deep, and not less than six feet below the level of the adjacent streets, under the penalty of one hundred dollars for each offense. (Same, $ 3.) (b) $ 5. No person shall remove, disturb, or expose any dead orDceOfflnbond0^ body or coffin, that is now, or may hereafter be interred !urbed after in any grave-yard in the city of New York, unless permis- witho^per- mit obtained sion be first obtained from the Common Council, or as provided in this chapter, under the penalty of two hun- dred and fifty dollars for each offense. (Same, $ 4.) $ 6. Every sexton, or person having charge of any vault and s^™s' or burying ground, in the city of New York, shall, between t°rntents.m the hours of nine and two o'clock, of Saturday, in each week, make and deliver to the City Inspector a return of the persons buried in such vault or burying-ground during the week, according to the form following : [See form in Revised Ordinances of 1859, page 439.1 Form of L ' x o J report. (Same, $ 5.) $ 7. No bell of any church shall be rung or tolled for Beiis ror- ____________________________________________________________________ bidden to be ~ rung or toll- (a) § 2, supra. (b) See Ordinance passed April 23, 1839 ; amended. 153 edfor funer- any funeral, without the permission of the Common Coun- als without J bei^'haT C^' under the penalty of twenty dollars, to be paid by the sexton or person having charge of the said church. (Same, $ 6.) penalty for $ 8. Any person who shall violate the provisions of sec- section 5, k. tion five of this chapter, (a) shall forfeit and pay, for every such offense, the sum of twenty-five dollars. (Same, $ 7.) Duty of $ g. It shall be the duty of the City Inspector to furnish City Inspect- 3 j j x bia^u-mish sextons, and other persons having charge of any burying- ground, or vault, with copies of the form set forth in sec- tion five of this chapter, (b) and the said City Inspector shall report to the Attorney of the Corporation, all violations of any or either of the provisions of this chapter. (Same, $8). xo inter- $ io. No sexton, or other person having charge of any ment to be 3 L n -i made with- place of interment in the city of New York, shall, under out certm- X •> sidLf ory" a penalty of two hundred and fifty dollars, inter, or per- iyeof the mit to be interred, any dead body therein, without having first received a certificate, stating the name, apparent age, birth-place, date, and place of death, and the disease of which he or she shall have died, signed by the attending physician; or, in case no physician shall have attended such deceased person, then by some [member] of the family ol the deceased; or, in case of an inquest having been held, by the Coroner; which certificate shall be deposited with the return in the office of the City Inspector. (Same, $9). Remains of $ 11. No captain, agent, or other person attached to any persons not steamboat, ferryboat, sailing, or other vessel; or to any to be remov- "* eft '""without stage> railroad, or other conveyance, public or private, permit from_____________------------------—---------------------—-----------------■ the City In- , . „ c spector. (a) § 6, supra. (b) § 6, supra. member of lami deceased 154 shall convey the body of any person who has died in the city of New York, beyond the limits of said city, without a permit from the City Inspector, under the penalty of Penalty- two hundred dollars for each offense, to be collected from the person or persons so offending, severally and respect- ively. (Same, $ 10.J $ 12. It shall be the duty of the City Inspector to grant City^llc°t- a permit for the removal of the body of any deceased pertoit grfSj person from the city, which has not been buried, upon rei receiving a certificate of the death of said person, made in accordance with the provisions of section nine of this chapter. (Same, $ ll.j $ 13. In ordinary cases, the Mayor and City Inspector ^l^7-^ are authorized to permit the removal of the remains of de- Prized ato ceased persons from cemeteries, or burial places within mTtsVorWie- the city ; but if there are any extraordinary circumstances and'removal in the case, they shall refer all applications made to them cases. * x x Exception. on the subject to the Common Council. (Same, $ 12 J (a) $ 14. It shall be the duty of the City Inspector to grant om||e°0erbae a general permit to the sexton of St. Patrick's Cathedral, ^movai and for the removal of dead bodies, to be interred in the new |^rmCaS Roman Catholic Cemetery, in Newtown, Queens county, vary) ceme- Long Island, provided that the said sexton comply with Proviso. the ninth section of this chapter ; (b) and all captains, agents, or other persons attached to any steamboat, ferryboat, sailing, or other vessel, or to any stage, railroad, or other conveyance, shall convey the said dead bodies so to be in- terred, upon the certificate of said sexton. (Same, $ 13.J (c) (a) See resolution, approved by Mayor, Dec. 24, 1845. (b) § 10, supra. (c) See Amendment to Ordinances, passed August 3, 1848. 155 SUPPLEMENTARY ORDINANCES. RESOLUTION AND SPECIFICATIONS RELATING TO THE REMOVAL OF NIGHT-SOIL FROM THE CITY, AND MAKING CONTRACT, FOR THE TERM OF FIVE YEARS, FOR SAID WORK. * Resolved, That the City Inspector be, and he is hereby directed to advertise for proposals, for the exclusive right, for five years, to remove all night soil of this city, and for carrying away all the contents of the sinks and privies, both liquid and solid thereof, beyond the jurisdiction of the Pilot Commissioners of this State, without nuisance, under the following restrictions and specifications, to wit: The contractor to provide, every night in the year, vessels at each and every dock set apart for that purpose, the aggre- gate tonnage of which vessels shall not be less than fifteen hundred tons burthen, to receive, retain, and transport, be- yond the harbor, all the contents of the scavengers' carts; such vessels to be of proper size to receive said contents at any state of the tides; and said vessels to be tight-decked, and properly bulkheaded, with covered hatchways and tight hatches, which shall be closed, except between the hours of ten at night and sunrise in the morning. The contractor shall not use any dumping-scow or ves- sel; nor shall he deposit, or permit any of the contents to flow from said vessel into the river, within the jurisdiction of the Pilot Commissioners, under the penalty, as prescribed * See Chapter VI., Section 18, of this compilation. 156 by the laws of the State, of one hundred dollars for each and every offense. The contractor and his sureties to be- come bound to hold harmless, and to be liable to the Cor- poration, and to all persons interested, including scavengers in the performance of their work, for any penalty, expense, or damage which may arise from the neglect or default of said contractor to furnish proper and sufficient boats at each and every wharf or dock, as above required. All proposals or bids received, to be, without delay, transmitted to the Common Council for action thereon. The contractor will be required to file security, by two householders or freeholders, in the city of New York, to the amount of twenty thousand dollars, for the faithful performance of his contract. If the contractor shall neglect or refuse to execute his contract, or to furnish proper and sufficient boats at each and every dock, to be of the ton- nage above-mentioned, for said service, within forty-eight hours after notice of the action of the Common Council, relative to the award of said contract to him, it will be deemed that said contract has been abandoned, in accord- ance with section 38 of the amended charter of 1S57, and the same shall be immediately readvertised and relet—the difference or loss to the Corporation to be sued for and recovered against the person making default, and his sure- ties. The right being hereby reserved to reject any and all proposals or bids received, if deemed to the interest of the Corporation. Bidders are required to state, in their proposals, their names and places of residence, the names of all persons interested with them, and, if no person be so interested, they shall distinctly state the fact; also, that it is made without any connection with any other person making 157 any estimate for the same purpose ; and that it is, in all respects, fair, and without collusion or fraud; and, also, that no member of the Common Council, Head of a De- partment, Chief of a Bureau, Deputy thereof, or Clerk therein, or other officer of the Corporation, is directly or indirectly interested therein, or in the supplies or work to which it relates, or in any portion of the profits ; which proposals must be verified by the oath, in writing, of the party making the estimate, that the several matters stated therein are, in all respects, true ; where more than one per- son is interested, it is requisite that the verification be made and subscribed by all the parties interested. Each proposal shall be accompanied by the consent, in writing, of two householders or freeholders of the city of New York, with their respective places of business or residence, to the effect that, if the contract be awarded to the person making the bid, they will, on its being so awarded, become bound as his sureties for its faithful per- formance ; that, if he shall omit or refuse to execute the same, they will pay to the Corporation any difference be- tween the sum to which he would be entitled on its com- pletion, and that which the Corporation may be obliged to pay to any higher bidder to whom the contract may be awarded at any subsequent letting. The consent above mentioned-shall be accompanied by the oath or affirmation, in writing, of each of the persons signing the same, taken before a judge of any court of record in this county, that he is a householder or freeholder in the city of New York, and is worth the amount of the security required for the above work, over and above all his debts of every nature, and over and above his liabilities as bail, security, or otherwise ; that he has offered himself as surety in good faith, and with an intention to execute the bond required 158 by section 500 of the ordinance organizing the municipal government of the city of New York, and prescribing their powers and duties, if the contract shall be awarded to the person or persons for whom he consents to become surety. The adequacy and sufficiency of the sureties offered to be determined by the Comptroller. The amount of security required is two sureties, house- holders or freeholders in the city of New York, to the amount of twenty thousand dollars. A strict compliance with the provisions of Part 3, Title 3, of the ordinances organizing the departments of the municipal government, passed May 30th, 1S49, and as subsequently amended, will be observed and required in all cases. The right to decline or reject all or any of the proposals is reserved, if deemed for the interest of the Corporation, and no proposal will be accepted from, or contract awarded to, any person who is in arrears to the Corporation upon debt or contract, or who is a defaulter, as security or other- wise, upon any obligation to the Corporation. Adopted by the Board of Aldermen, August 1, 1S59. Adopted by the Board of Councilmen, Sept. 12, 1S59. Approved by the Mayor, Sept. 2G, 1859. 159 [The following extracts, from the Bevised Ordinances of 1859, while they do not connect with the duties of the Executive Department, which has " cognizance of all matters affecting the public health," yet, as the work of keeping the sewers and culverts free from obstruction and in good repair, which devolves upon the Croton Aqueduct Depart- ment, as also the abundant supply of pure water for the use of our citi- zens, are essential to the preservation of the public health, these extracts are given a place in this compilation as a matter of informa- tion.] Extracts from Revised Ordinances, 1859. CHAPTER VI. OF SEWERS, DRAINS, &C. sewers, £ g. AH sewers and drains in any of the streets, avenues, drains, &c., •> the charne ofor public places in the city, shall be under the charge of Mueductoton the Croton Aqueduct Board, who shall keep the same in Department. ^ or(Jer and condition, and clean and free from obstruc- tions, and shall cause such repairs to be made to them and to the receiving-basins, culverts, and openings connected therewith, as may from time to time become necessary. Such sewer-culverts shall be cleaned at night, and not in the day-time. Aqueductoton $10. They [the Croton Aqueduct Board] may, with the gran? peT consent of the Street Commissioner, grant permission to roSct0 persons to construct, at their own expense, sewers or drains, s"vear.s to or to lav pipes to connect with any sewers or drains built connect with J L x _ i • r sewers in jn any 0f ^he streets or avenues in this city, on being iur- any ot tne J nuest&c.^6" nished with the written consent of the owners of a majority of the property upon the street through which such sewer, 160 drain, or pipe is to pass; but such permission shall not be Exception. granted, except upon the agreement, in writing, of the per- conditional. sons applying therefor, that they shall comply with the ordinances in relation to excavating the streets; that they will indemnify the Corporation for any damages or costs to which they may be put, by reason of injuries resulting from neglect or carelessness in performing the work so permitted, and that no claim will be made by them, or their successors in interest, against the Corporation, if the work so permitted be taken up by authority of the Com- mon Council, or for exemption from an assessment lawfully imposed for constructing sewers or drains in the same vicinity ; and upon the further condition that the Common Council may, at any time, revoke such permission, and direct such sewers, drains, or pipes, to be taken up or re- moved. $11. If any connection or opening be made into any penalty for 3 J x . making con- sewer or drain, without the permission authorized m the nectum with 7 J- public sewer last section, or in a mode different from that prescribed ^^ per- therefor, the person making such connection or opening, and the owner directing it, shall respectively be liable to a penalty of fifty dollars. § 12. All openings into sewers or drains for the purpose persons to • i • i -n b 3 licensed of making a connection therewith from any house, cellar, vault, yard, or other premises, shall be made by persons licensed, or to be licensed, in writing, for that purpose, by the Croton Aqueduct Board. given. §13. Every person who now is, or who shall be, Bond to be licensed as provided in the last section, shall, before per- forming any work authorized thereby, execute and deposit in the Croton Aqueduct Department a bond to the Corpo- ration, in the sum of one thousand dollars, with one or more 161 sufficient sureties, to be approved by the President of the Board, conditioned that he will faithfully make the open- ing into such sewers, or drains ; that he will leave no obstructions of any description whatever therein ; that he will properly close up the sewers or drains so opened; that he will make no opening into the arch of any sewer or drain ; that he will comply with the ordinances in rela- tion to excavating the streets, and that he will indemnify the Corporation of and from all accidents and damages con- sequent thereupon, for or by reason of any opening in any street, lane, or avenue made by him, or by those in his employment, for the purpose of putting down any service- pipe, or pipes, for the introduction of the Croton water, or for making any connection with any public or private sew- er, or for any other purpose or object whatever ; and that he will also replace and restore the street pavement, over such opening, to as good state and condition as he found it, and keep and maintain the same in good order, to the sat- isfaction of the Water Purveyor, for the period of six months next thereafter. License fee § 14. There shall be paid to the President of the Croton Aqueduct Board, for the use of the Corporation, for every permit to connect with a sewer or drain from any house, store, or building, the sum of ten dollars; and for every hotel, boarding house, or public building, covering more than twenty-five by fifty feet, an additional sum in that proportion. id-, in re- $ 15. There shall be paid to the President of the Croton tories, brew- Aqueduct Board, for the use of the Corporation, for every eries, kc. x . n e permit to connect with a sewer or drain, from a manufac- tory, brewery, distillery, or'the like, for the purpose of carrying off water, or fluid, which shall not deposit sedi- 11 162 ment or obstruction, such sum as shall be fixed by the Croton Aqueduct Board. §> 16. Any person obtaining a permit, as provided in the allo®ningty for last section, who shall permit any substance, which shall 0rWbasmr,aito form a deposit or obstruction in a sewer, drain, or receiv- structed. ing-basin, to flow into the same, shall be liable to a penalty of fifty dollars for each offense. CHAPTER XVI. OP SEWERS, DRAINS, &C. § 1. All sewers or drains, in any of the streets, avenues, and drairJew^s' public places in the city of New York, shall be in charge *°eane S" of the Croton Aqueduct Board, whose duty it shall be to structX.0" keep the same in good order and condition, to cause such repairs to be made to them, and to the receiving basins, culverts, openings, or any part connected therewith, as may from time to time become necessary, and to cause the same to be well and sufficiently cleansed, and kept free from obstructions, (a) $ 9. All connections with sewers or drains, used for the Refufe ™at J ' ter, kitchen purpose of carrying off animal refuse from water closets, berried off or otherwise, and slops of kitchens, shall have fixtures for cToton°Wwaf a sufficiency of Croton water, to be so applied as to prop- erly carry off such matters, under the penalty of five dol- Penalty- lars for each day the same are permitted to remain without such fixtures for supplying said water. (a) Ch. XVI., Sec. 2 to 8, R. 0., 1859, contain provisions similar to those embraced in Ch. VI., before quoted. 163 of ^sewers1 $ 10# ^aid Board shall have authority to employ a suit- basins, &c. a-^e pergon> at a compensation not to exceed one dollar and fifty cents per day, to examine the condition of all sewers, receiving basins, culverts, and their appendages, and fixtures to connections therewith. Butchers' & n. No butcher's offal, or garbage, dead animals, or ob- offal, garb- •> > o o ' tfb'e&piaced structions of any kind whatsoever, shall be placed, thrown, any'basln1 or or deposited in any receiving basin or sewer; and, any person so offending, or causing any such obstruction or substance to be placed so as to be carried into such basin Penalty, or sewer, shall be subject to a penalty of ten dollars for each offense ; and any person injuring, breaking, or remov- penaityfor ing any portion of any receiving basin, covering-flag, man- balS'nman° h°le' ven^ or any Par* °f anJ sewer or drain, or obstruct- hoie,&c. • ^e mouth of any sewer or drain, shall be subject to a penalty of twenty dollars for each offense; nor shall any quantity of marble, or other stone, iron, lead, timber, or any other substance, exceeding one ton in weight, be placed or deposited upon any wharf or bulkhead, through which any sewer or drain may run ; nor upon or over any sewer or drain, where the same shall be within three feet of the surface of the street, under the penalty of fifty dollars for each offense, to be recovered of the person or persons caus- ing or permitting the same. when § 13. It shall be the duty of every person having charge cilantd, gut- 0f the sweeping and cleaning of the streets in the several ters to be ± o o bSwash- wards, to see that the gutters are properly scraped out be- lonwaterCro" fore the water is suffered to flow from any hydrant, for the purpose of washing the same, in order that no substance or obstruction be carried into any of the receiving basins ; penalty. every person violating this section to be subject to a penalty of five dollars for each offense. 164 CHAPTER VI. OF REPAIRS TO STREETS. § 19. The Croton Aqueduct Board shall ascertain and Necessary 3 x repairs to report to the Common Council, from time to time, whatBtreets- repairs are necessary to any of the streets; and, when required by the Common Council, the said Board shall inquire into and report upon all applications to the Com- mon Council, in relation to paving, repaving, or repairing streets, or digging wells. The said Board shall advertise for estimates and contracts for wells and pumps, and for paving, repaving, and repairing the streets. CHAPTER VI. OF THE SUPPLY OF PURE WATER, &C. § 56. If any person shall bathe, go into the Croton Bathing in water, at either of the reservoirs, or any part of the Croton ™irs Ti . the throwing Aqueduct, or shall throw any stones, chips, or dirt, or any of any sub- other material, substance, or thing, whatever, into the ^ng w^ reservoirs, or into the water, or gate-houses, or into the prohibited- ventilators or aqueduct, or fountain-basins, or shall, in any manner, inj ure or disfigure any part of the Croton Aque- duct Works, he shall be subject to a fine not to exceed Penalty. fifty dollars, to be imposed by any police justice, or any magistrate, either on his view, or in a summary manner. And, in default of payment of any fine so imposed, such 165 police justice, or magistrate, shall commit such offender to the city prison for a period not to exceed thirty days, unless such fine is sooner paid. otHtoranbe $ ^' ^° Person or persons, except the mayor, aldermen, Snitta dse and councilmen of the respective districts, shall, without previous permission, in writing, from the Croton Aqueduct Board, unscrew or open any hydrant belonging or attached to the Croton Aqueduct Works, erected for the extinguish- ment of fires, except in cases of fires in the neighborhood ; nor shall leave said fire hydrant open for a longer time then shall be limited in said permission ; nor shall use the water for other purposes than may be mentioned in said penalty, permission, under the penalty of not less than five dollars, nor more than twenty-five dollars, for each offense, in the discretion of the magistrate before whom the complaint shall be made, (a) permit to <^ 61. The Croton Aqueduct Board shall, at all times, City Inspect- 3 x tonwater10" when the general supply of water is not thereby endan- gered, permit the City Inspector to order the hydrants to be used for cleaning the streets, under the regulations of said Board. Regulation ^ 62. No person or persons shall use the Croton water iS wLi'ing6 for Washinff the streets, sidewalks, steps or buildings, from the first day of May to the first day of November, follow- ing, in each year, after 8 A. M., and from the first day of November to the first day of May, following, after 9 A. M., under the penalty of five dollars for each offense. (a) Kevised Ordinances, 1859 (Ch. VI., § 64), provides that the penalty pre- scribed in § 58 shall be imposed in like manner as provided in § 56, in respect to the penalty therein prescribed; and, in default of payment, the offender be subject to the like punishment as in the said section pre- cribed. 166 CHAPTER XIX. 4 §8. No person shall take or. use the water from any not\dra^ public cistern or hydrant, except in case of fire, and for ^c^seofflre! the purpose of extinguishing the same, under the penalty of twenty-five dollars for each offense. § 9. No person, having charge of any public cistern or n hydrant, shall suffer or permit any water to be taken therefrom, except for the purpose of extinguishing fire, under the penalty of twenty-five dollars for every such offense. § 13. If any person, except one of the engineers or id. foremen of the lire companies, shall unscrew any of the hydrants belonging or attached to the Corporation water works, erected for the extinguishment of fire, or interfere with the same, or any part of the works belonging to the said establishment, whereby the said establishment, or any or either of the pipes, .hydrants, stop-cocks, or any part of the works, may be injured, or the water taken therefrom or wasted, they shall be liable to a penalty of fifty dollars for each and every such offense. 167 AN ORDINANCE, describing and extending the Limits oj the Lamp District. % 1. The lamp district shall, after the passage of this ordinance, embrace all that portion of the city lying south of and including Forty-second street, from East to the North rivers, and all the streets, avenues, or alleys lying above Forty-second street, to the extent of the city, which are now lighted with either gas or oil lamps. § 2. All those streets, alleys, or avenues which may, by resolution of the Common Council, or by the Commissioner of Streets and Lamps, (a) become hereafter lighted with either gas or oil, be immediately included in the lamp dis- trict, and all proportion of expense in the lighting of the said lamp district, as by the conditions of this ordinance it shall exist or be enlarged, shall be levied upon the lots fronting on said streets, avenues, or alleys, as may be lighted. § 3. The ordinance passed July 6, 1846, and all other ordinances inconsistent with the provisions of this ordi- nance, are hereby repealed. Adopted by the Board of Councilmen, Nov. 17, 1854. Adopted by the Board of Aldermen, Dec. 15,1S54. Approved by the Mayor, Dec. 16, 1854. (a) The office of Commissioner of Streets and Lamps was abolished by the Charter of 1857, and the duties relating to Lamps and Gas transferred to a bureau in the Street Commissioner's Department. 168 ADDENDA. * The compiler respectfully submits the following explanatory remarks and citation of authorities, as contained in decisions on record, in the belief that such remarks and quotations may prove useful in elucidating the laws and ordinances relating to the public health, as herein embodied. Nuisances. — Health is of vast importance to man, for without health, the blessings of life cannot be enjoyed. The law protects it whenever it is assailed. When the injury to health is so great as to affect the public, as by the erection of a nuisance, the party guilty of erecting it may be indicted. (Bouvier's Institutes, Vol. L, p. 88.) But the nuisances which it is made the duty of the City Inspector to abate, are only such as are comprised in the common acceptation of the term, meaning only such as.directly tend to the detriment of the public health. A nuisance is anything which unlawfully and tortiously does hurt, or causes inconve- nience or damage ; and it is either public or private. A public or common nuisance, is such an inconvenience, or troublesome offense, as annoys the whole community in gene- ral, and not merely some particular person. (1 Hawk, P. C, 191 ; 4 Black's. Com., 166, 161 ; Wharton's Or. Law, § 2312.) Therefore, to constitute a public nuisance, there must be such a number of persons annoyed that the offense can be no longer considered a private nuisance. This is a fact which generally is to be found by the jury. (Bouv. Inst., Vol. I, p. 506.) It is difficult to define what degree of annoyance is necessary to constitute a nuisance. In relation to an offensive trade, it seems that when such trade renders the enjoyment of life and property uncomfortable, it is a nuisance, for the people of the 169 neighborhood have a right to pure, fresh air. (Bouv. Inst., Vol. II, p. 506.) A thing may be a public nuisance in one place, which is not so in another ; therefore the situation or locality of the nuisance must be considered. Thus, while it is laid down as a general rule, that any trade, the canning on of which is offensive to the senses or the health, is a nuisance. (Whar. Crim. Law, § 2312.) Yet it has been held that a tallow chandler setting up his business among other tallow chandlers, and thereby increasing the noxious smell of the neighborhood, is not guilty of setting up a nuisance, unless the annoyance is much increased by the new manufactory. (Rex. v. Neville, Peake's Case, 91.) Such an establishment might be a nuisance in a thickly-populated town of merchants and mechanics, where no such business was carried on. (State v. Purse, 4 McCord B. 412 ; Whar. Crim. Law). A slaughter house in a part of a city where there are dwell- ing houses near it, and where lots are valuable for building purposes, is, prima facie, a nuisance. (9 Paige, 515; 3 Barb., 151.) A swineyard in a city is, per se, a nuisance. (Whar. Crim. Law, § 2312) ; so is a soap factory in a city. (Howard v. Lee, 3 Sand, 281) ; or a fat-boiling establishment, if it infect the air with noisesome smells, or with gases injurious to the health. (Cropsey v. Murphy, 1 Hilton, 126.) A dwelling house, cut up into small apartments, inhabited by a crowd of poor people, in a filthy condition, and calculated to breed disease, is a public nuisance. (Meeker v. Van Rensse- laer, 15 Wend., 391.) But a person lying sick with the small- pox, at hired rooms in a hotel, is not a nuisance. (Boom v. The City of Utica, 2 Barb., 104.) [Note. — Frequent complaints have been made to the City Inspector, by persons residing in or owning tenant and boarding houses, when persons therein became sick with small-pox, Varioloid, or other contagious or infec- tious disease ; and the complainants have, in such cases, been astonished to learn, that by the law of the land, as well as by that of humanity, the sick persons complained of could not 170 legally be removed by compulsion. The act of 1850 confers the power, and made it the duty of the Board of Health, " To " forbid and prevent all communication with the house or " family infected with any contagious, infectious, or pestilen- " tial disease, except by means of physicians, nurses, or mes- " sengers to carry the necessary advice, medicines and " provisions to the afflicted ;" and to adopt such measures as shall be prompt and effectual for preventing all communication with any part of the city so infected.] It is an indictable offense, unlawfully and injuriously to carry a child infected with the small-pox along the public highway in which persons are passing, and near to the habitations of the king's subjects. (Rex. v. Vantandillo, M. & S. 13.) It is also indictable, after having inoculated children, to cause them to be exposed in the public street, to the danger of the public health. (Rex. v. Burnett, 4 M.. & S., 212.) In the latter case, Le Blanc, J., said, that in all times it was unlawful and an indictable offense, to expose persons infected with contagious disorders, and therefore liable to communicate them to the public, in a place of public resort. Two persons were indicted for making great quantities of noisome, offensive and stinking liquors, called acid spirit of sulphur, oil of vitriol, and oil of aquafortis, whereby the air was impregnated with noisome and offensive smells ; and it was held by the Court to be & nuisance. The word "noisome" comes in the place of the Latin nocivus, and means not only disagree- able but hurtful. Lord Mansfield, C. J., said it was not necessary, to constitute the offense, that the smell should be unwholesome • it is enough if it render the enjoyment of life and property uncomfortable. (Rex. v. White & Ward, 1 Barrow R. 333.) Remedy for Nuisances.—" The government may, by general regulations, interdict such uses of property as would create nuisances, and become dangerous to the lives or health, or peace, or comfort of the citizens. Unwholesome trades, 171 slaughter houses, operations offensive to the senses, the deposit of powder, the application of steam power to propel cars, the building with combustible materials, and the burial of the dead, may all be interdicted by law, in the midst of dense masses of population, on the general and rational principle, that every person ought so to use his property as not to injure his neighbors, and that private interests must be made sub- servient to the general interests of the community." (2 Kent's Com., 420.) A public nuisance may be abated by the mere act of indi- viduals (Wetmore vs. Tracy, 14 Wend., 250); and a dog that has been bitten by a mad dog, is a nuisance, and any one may kill him (Putnam vs. Payne, 13 Johns., 312,). But the usual manner is to indict the person creating a nuisance; or, in some cases, courts of equity will restrain by injunction; although, in many of the cases which are indictable as common nuisances, courts of equity have no cognizance. The remedy, at the suit of the people, by a public prosecution, will, in general, accom- plish the object of suppressing the injury, and render unneces- sary the prosecution by individuals. Not only the party who continues a nuisance, but the party who originally began it, is responsible to the public. One who demises his property for the purpose of having it used in a way offensive to others, may himself be treated as the author of the mischief. (Wil- lard's Eq. Juris., p. 390.) The court will restrain, by injunction, the carrying on in a city, or dense population, of trades which are offensive to the senses, and render the enjoyment of life and property uncom- fortable, or are injurious to the health of those residing in the vicinity. (Howard vs. Lee, 3 Sand., 281.) In the case of the " Butchers' Melting Association," organized for the purpose of conducting, on a large scale, the melting of the fat and tallow from animals slaughtered by the butchers of the city generally, the defendant had bought a plot of ground at the northwest corner of Fourth street and First avenue, in the city of New 172 York, for that purpose; but the court perpetually enjoined the use of it. (Peck vs. Elder, 3 Sand., 126.) Even where such a trade has long been established in the place where its continuance is sought to be enjoined, it must, nevertheless, give way, and recede with the advance of popu- lation. (Howard vs. Lee, supra.) An indictment lies against a corporation for neglecting to do what the common good requires, as when the corporation of a city have power to excavate, deepen, and cleanse a basin connected with a river, but neglect to take the necessary measures in that respect, after such basin becomes foul by the aggregation of mud and other substances, whereby noisome and unwholesome stenches arise, and a nuisance is created. (K. vs. Vigg., 2 Salk., Nuisance, § 1; Com. vs. Van Sickle, Brightly R., 69; 4 Cr. Rec. 26; Whart. Cr. Law., § 2314.) Un- der a provision of a municipal corporation, authorizing it to pass and enact by-laws and ordinances to abate and remove nuisances, it has no power to pass an ordinance to prevent nuisances, or to impose penalties for the creation thereof. (City of Rochester vs. Collins, 12 Barb. R., 559.) But under a power to do all acts, make all regulations, and pass all ordi- nances which they shall deem necessary for the jireservation of health, and the suppression of disease, and to carry into effect and execute the powers granted by the charter, a muni- cipal corporation has power to pass an ordinance prohibiting the depositing of dead animals, decayed vegetables, &c, in any public street, or upon any lot, &c, and imposing a penalty for the violation of such ordinance. (Ibid. See Sec. 2, Tit. Ill, Art. I, Act of 1850.) The Common Council has no power to order the forcible seizure of a person's house, and its occupation as a pest-house, without his consent, and against his will. (Boom vs. The City of Utica, 2 Barb., 104.) The Board of Health of Albany may direct the abatement of a building, as a nuisance dangerous to public health; and, it 173 seems, any one may, of his own motion, abate such building as a nuisance, especially in time of pestilence. ( Van Wormer vs. Mayor of Albany, 15 Wend., 262.) It is only where a regulation of a board of health has been made and published, that a person can be convicted under the 4th section of the Act of 1850, passed April 10, of a misde- meanor for its violation. (Reed vs. The People, 1 Parker. Cr. R., 481.) An order of a board of health, made ex parte, and adjudging certain premises to be a common nuisance, and directing the cleansing and purification of the same within three days after the service of such order, is not such a regulation as is con- templated by the fourth section of the statute, and a failure to comply with such order does not subject the person offending to punishment for a misdemeanor, under the section aforesaid. (Reed vs. The People, supra.) Welles, J. said, in that case : "The Board of Health prob- ably had power to adjudge and declare the premises a nuisance, and to procure it to be abated." The eighth subdivision of the fourth section gives them all needful facilities for so doing, and the fifth section of the act makes the county chargeable for all expenses, except that of the compensation to the members of the board, which latter are chargeable upon the city or town. The regulations which the boards of health have power to make, so as to attach to the violation of them the penalties provided in the fourth sec- tion, are to be in the nature of by-laws; they are to be pre- scribed and published, and are to affect, generally, all persons within the scope of their operation. The term is to be under- stood in contradistinction to a judgment, sentence, decree, or order, and contemplates the exercise of a power, in its charac- ter legislative, rather than judicial. The following is the latest decision relating to boards of health: The third subdivision of section fourteen of the act concern- 174 ing boards of health confers upon those boards the power to make regulations for the suppression and removal of nuisances, and must be construed to have reference to that class of nui- sances which can be the subject of regulation. Neither a dam, thrown across a stream, nor a collection of water in a reservoir, created thereby, is a nuisance per se. The question of nuisance depends upon the presence or absence of various extraneous facts and circumstances. And it is proper that the existence of those facts and circumstances, and the question of nuisance, should be referred to the common law trial by jury; instead of being determined by the Board of Health, and property being summarily destroyed by its order, without compensation to the owner, and without an opportu- nity being given him to be heard. The legislature never designed to commit that unusual measure of power to the boards of health. The rights of property, of every description, are qualified and restricted by the rule that they shall be so exercised as not to injure others. Sic utere tuo ut alienum non Icedas is of universal application. But, except in great and imminent emergencies, the fact that they are injurious to others must be first established by the usual and customary proceedings of a trial in a competent court, before they can be taken away or destroyed. Even if the power exists in boards of health to order prop- erty to be destroyed, on the ground of its being a nuisance, and can be applied to the removal and destruction of a mill- dam and a valuable power used for manufacturing purposes, it is a power which must be exercised in subordination to the judicial authority of the State, and subject to be suspended and held in abeyance by the order of a court having competent jurisdiction of the subject, whenever the principal facts upon which its exercise depends are put in controversy and render- ed doubtful, until they are established by due process of law. If a board of health has authority and jurisdiction to determine the question of nuisance, and to order the suppression and removal of a dam, as such, they should be required to state, in 175 their adjudication, what the nuisance is—whether the dam itself, or the waters collected above the dam, and, if the latter, how much of the structure shall be removed in order to dissi- pate and disperse the waters; and especially should the order, or adjudication, designate the particular dam or obstruction which they shall design to be taken away. (Rogers vs. Barker et als., Dutchess Co. Gen. Term Supreme Court, May, 1860. 31 Barb., 441. j Quarantine Laws.—Health and quarantine laws have been continually passed by the State, ever since the adoption of the Constitution, and the power to pass them recognized by acts of Congress, and the revenue officers of the general govern- ment directed to assist in their execution. (Ch. J. Taney's Opinion, License Cases, 5 Howard U. S. Reports, p. 581.) They subject the ship, and cargo, and crew, to the inspection of a health officer appointed by the State; they prevent the crew and cargo from landing until the inspection is made, and destroy the cargo if deemed dangerous to health. And, during all this time, the vessel is detained at the place selected for the quarantine ground by the State authorities.—Ibid. Quarantine laws, which protect the public health, compel mere commercial regulations to submit to their control. They restrain the liberty of the passengers; they operate on the ship which is the instrument of commerce, and its officers and crews, the agents of navigation. They seize the infected cargo, and cast it overboard. The soldier and the sailor, though in the service of the government, are arrested, impris- oned, and punished for their offenses against society.—Per Grier, J. (Ibid.) The establishment of the first quarantine in the city of New York, was in 1158; but a rigid quarantine was not established until 1805. Vessels were allowed to come up to the wharves of the city before the Health Officer boarded them. There was no such thing as a quarantine establishment at Staten Island, or its vicinity ; and, at that time, there were no such laws in 176 force as we now have. In the thirty-four years prior to the year 1806, the city of New York had no less than seventeen visitations of yellow fever. In 1804, an act of the Legislature of New York was passed, prohibiting vessels from coming within three hundred yards of the Island of New York ; and, in 1806, another act was passed, restricting vessels from the West Indies, and the Mississippi, to four days' detention at Quarantine. Since 1809, the visitations of yellow fever have been but few—the decrease being due, beyond doubt, to the vigilant enforcement of quarantine regulations. INDEX. (A) APPEAL: how made from decision of Health Officer............. 23 from order of Metropolitan Police Board.............. 67 ARREST : for violation of Quarantine Laws..................... 20 by order of Board of Health.........................24, 33 power of Police in relation to........................ 65 ASHES : forbidden to be cast into any street, lane, alley, or avenue, under penalty................................120, 122 violation of ordinance in relation to casting into the streets, declared to be a misdemeanor........73, 121, 126 to be removed from foundries, forges, &c, at expense of owners...................................... 121 sifting or screening in any street prohibited........... 122 unloading or dumping in any street forbidden......... 122 to be kept in tin or other metallic vessel.............. 123 box to be furnished by owner of tenement house, for reception of.................................... 123 regulation of carts for conveying..................... 126 cartmen to have a bell............................... 135 to be collected and removed from the city by con- tractor for cleaning streets.................134, 135, 136 12 178 INDEX. ASHES—(Continued) : to be strewed on sidewalks when snow or ice cannot be removed therefrom.............................. 14 (B) BELLS OF HEALTH : granted by the Mayor............................... 41 BOABD OF APPEAL : how constituted—powers............................ 23 how appeal must be made to.......................... 23 BOAED OF HEALTH: legislative powers................................... 7 how constituted, quorum............................ 7 Mayor shall be President of the...................... 7 sessions to be with closed doors, exception............. 8 may appoint Visiting, Hospital, and Consulting Physi- cians .......................................... 10 may appoint an agent............................... 10 may regulate or prohibit intercourse with infected places......................................... 24 penalty for refusal to obey order of...................27, 39 may determine as to a trade or business being deemed detrimental to the public health.................. 30 penalty for disobeying order to abate nuisance as directed by..................................... 30 Duty of : to cause streets, &c, to be fenced, and to prevent com- munication with infected part of city.............. 32 INDEX. 179 BOARD OF HEALTH, DUTY OF—(Continued) : to forbid and prevent communication with family sick of infectious disease............................... 32 to adopt measures for preventing communication, &c.... 33 to procure hospitals, provide medical and other attend- ance, &c........................................ 33 to publish regulations................................ 33 to issue warrants for arrest of persons in certain cases........................................... 33 may order any cargo, or part of cargo, or any matter or thing, dangerous to the public health, to be destroyed or removed............................ 33 may send non-resident sick persons to Marine Hospital, or other place, when sick of infectious disease, &c..........................................34,45,47 may take possession of buildings for hospital purposes.. 34 may prohibit packing and repacking of salt provisions 30 penalty for disobedience of order issued in pursu- ance of Title III. (relating to "internal regulations for the preservation of the public health in the city," &c.)........................................... 39 may extend provisions of law in certain cases when lim- ited to periods of the year....................... 40 may declare pestilence to have ceased................. 40, 60 may temporarily supply vacancy in Commissioners of Health.............................■........... 48 City Inspector to obey orders of the...................55, 80 lots, yards, cellars, sinks, privies, cesspools, and all mat- ters endangering the health of the city, to be reported to..................................... 180 INDEX. BOARD OF METROPOLITAN POLICE : may order ferry-boat, manufactory, or slaughter-house to cease running or business..................... 67 may order tenement bouse to be cleaned.............. 67 proceedings of, may be removed to Supreme Court...... 68 certain acts of, to be declared to be judicial............ 68 Superintendent of Sanitary Inspection to report neglect of policemen to the............................ 86 BOARDING-HOUSES : keeper to report sick persons, when required.......... 35 penalty for refusal or neglect to report................ 39 to be inspected, when directed by the Board of Health.. 80 inspection to be made weekly, during certain months... 80 BONE-BOILING : prohibition of the business of........................ 145 BUREAU OF MARKETS: See "Superintendent," "Markets," ^rc. established........................................ 56, 78 powers and duties relative to, transferred to City In- spector ........... ............................ 83 BUREAU OF RECORDS AND STATISTICS : established (by Charter and Ordinance)................ 56, 78 in relation to the Registrar of Records................ 56, 149 record of births, marriages, and deaths to be kept in the 149 burial permits to be granted from the................. 149 BUREAU OF SANITARY INSPECTION : See " Superintendent," &rc. established (by Charter and Ordinance)............... 55, 78 INDEX. 181 BUREAU OF SANITARY INSPECTION—(Continued) : Superintendent to have cognizance and control........ 85 clerks in Bureau, their duties and salaries.............87, 88 Inspector (and assistants) of meats and articles of food, &c............................................ 88 Superintendent of scavengers' carts, &c............... 89 (C) CESSPOOLS: inspection to be made of............................. 80 when requiring to be cleaned, &c., to be reported to the Common Council............................... 81 City Inspector may examine..;...................... 82 City Inspector may grant permit to empty............ 83 regulations relative to construction of................. 112 not to be covered until examined..................... 112 not to be within thirty feet of public well............. 112 two feet of solid earth or mason work required between inside and adjoining lot......................... 113 contents of, not to be permitted to rise within two feet of surface...................................... 113 not to be emptied at certain time, without express permission..................................... 113 CITY INSPECTOR : See " Crrr Inspector's Department." a member of the Commissioners of Health............. 8 duty in relation to advice and directions from the Commissioners of Health.................. 8, 30, 31, 55 1S2 INDEX. CITY INSPECTOR, POWER OF : to appoint (with consent, &c.) Health Wardens and other officers......................................... 29 to authorize officers to enter into and examine premises. 29 to have cognizance of.....................,........ 55 Duty : in relation to trade or business deemed detrimental to public health................................ 30 to adopt measures to prevent spread of contagious, in- fectious, and pestilential disease.................. 31 appointment of inspectors and sealers of weights and measures....................................... 56 to give bond....................................... 79 to ascertain and remove every nuisance which may exist in the city, &c..................................79, 90 to remove all putrid'and unsound beef, pork, fish, hides, dead animals, &c............................... 79 to license scavengers and make regulations............ 80 to keep a register of sinks, &c, authorized to be emptied 80 to obey orders and directions of the Board of Health... 55, 80 to file reports made to him.......................... 80 to report to Common Council respecting all lots, yards, buildings, sinks, &c., requiring to be cleaned, altered, or repaired............................. 81 to report to the Common Council matters prejudicial to health of the city.............................. 81 to report ordinances for the correction and abatement of nuisances...................................... 81 to keep register of names of persons deceased........... 81 to publish, weekly, list of deaths and make annual report of same in each year............................ 81 INDEX. 183 CITY INSPECTOR—DUTY—(Continued) : to have slate kept in station-houses, with name of Health Warden and Street Inspector.............. 83 to prepare and file statement of expense incurred for abatement or removal of nuisance................ 91 to enforce ordinance in relation to slaughter-houses.... 100 relative to examination of new sinks, privies, &c....... 112 in relation to annual examination of sinks, privies, &c, and to give notice to empty same when required.. . 117 to advertise for proposals for work of removing con- tents of sinks, &c, from the city................ 155 relative to cleaning streets by contract (specifications) ...........................................136 to 139 to ascertain in relation to. carrying on of business of bone- boiling, &cX................................... 146 to give notice to discontinue, and cause to be discontin- ued, the trade or business of bone-boiling, &c..... 146 to prepare statement of expense abating nuisance arising from bone-boiling, &c........................... 148 to furnish blanks to sextons......................... 153 to grant permits for removal of remains of deceased per- sons ........................................... 1^4 in relation to disinterment and removal of remains, &C.83, 154 to grant general permit for removal of dead to (Calvary) Roman Catholic cemetery for burial.............. 154 salted or pickled provisions, and hides, skins, and cotton, &c., to be reported to............................ 37 penalty for disobeying order of, in relation to provisions, &c............................................ 38 penalty for disobedience of notice, personally served, to abate or remove nuisance, &c..................... 30 184 INDEX. CITY INSPECTOR—DUTY—(Continued) : penalty for disobeying order of (violation of Title III., 1' relative to internal regulations for preserving- health, " &c.)................................... 39 (See penalty by ordinance below.) permission to use Croton water................... 56, 83, 165 cleaning streets (by contract) to be under supervision of the............................................. 69 cleaning streets, cognizance of the.................... 77 salary of........................................... 79 may enter into and examine premises................. 82 may, by an order, direct nuisance to be abated or removed 82 may, in case of negiect, cause nuisance to be abated..... 82 may grant permit to empty sink, privy, or cesspool..... 83 clerks in the office of the............................. 84 action of Superintendent of Sanitary Inspection subject to direction of.................................. 85, 86 report of violation of agreement in relation to cleaning streets to be made to............................ 86 relative to requisitions for expenditures of department.. 86 approval and payment of bills by requisition of........ 87 penalty, by ordinance, for neglect or refusal to obey order of............................................. 90 penalty for obstructing or hindering City Inspector or person appointed by him......................... 90 nuisance (when deemed necessary) maybe forthwith re- moved by.....................................79, 90 condition of markets to be reported to................ 98 carts for the removal of dead animals, &c., to be licensed by............................................102, 104 INDEX. 185 CITY INSPECTOR—DUTY—(Continued) : authorized to advertise for proposals to remove dead ani- mals, blood, offal, etc., from the city, by contract (specifications).................................. 103 box for reception of orders to remove dead animals, &c., to be kept at the office of........................ 104 relative to the keeping of swine, by permission of the Mayor and................................... 108 to empty sinks, privies, &c, permit required from.. 113, 116 to have direction over docks set apart for the removal of butchers' blood, offal, &c..................... 102 docks for use by scavengers and the contractor for remov- ing the contents of sinks, privies, &c, to be under direction of..................................... 115 tubs, &c, for emptying sinks, privies, &c, to be approved by............................................ 115 authorized to advertise for proposals for cleaning streets by contract..................................... 139 Registrar of Records to assist......................... 150 interments in city to be returned weekly to............ 152 certificate of name of deceased person, cause of death, &c, to be deposited in office of........................ 153 body of person who died in the city not to be removed without permit from............................ 153 CITY INSPECTOR'S DEPARTMENT : charter in relation to................................ oo cognizance of...................................... 55, 77 bureaux in......................................... 18 chief officer of......................................55, 79 clerks in 84 186 INDEX. CITY INSPECTOR'S DEPARTMENT—(Continued) : messenger (and assistant)............'................ 84 payments from appropriations for (not to be made unless approved by the City Inspector).................. 87 CLEANING STREETS . appropriation for, how to be applied................ 69 contract or agreement may be made for................ 09 proposals to be advertised............................ 69 cognizance of....................................55, 69, 77 Croton water may be used........................56, 83,165 powers and duties in relation to (transfer to City Inspector) 55, 83 estimates for, to be made by the Superintendent of Sani- tary Inspection................................. 86 men employed in work of—account of time to be kept.. 86 violation of contract or agreement for work of.......... 88 sweepings not to be transported to any wharf south of Fourteenth street, unless by authority, &c.......... 127 sweepings, filth, &c, prohibition of dumping on the Battery......................................... 128 by contract (specifications for)....................... 134 duty of persons having charge of (in relation to cleaning gutters and use of Croton water).................. 183 CLERKS: First and Second, in City Inspector's office.......... 84 First, Second, Ticket and Complaint, in Bureau of Sani- tary Inspection................................. 87 Complaint and Pay-roll Clerk in Bureau of Sanitary In- spection ........................................ 88 INDEX. CLERKS OF MARKETS : duty in relation to stale and unwholesome articles expos- ed for sale...................................... 93 penalty for obstructing............................... 93 duty to cause all dirt and filth to be removed from public markets.... *................................... 98 COMMISSIONERS OF EMIGRATION : lands and buildings of Marine Hospital to be vested in.. 42 may employ and dismiss physicians and others.......... 43 to approve persons selected by physicians of Marine Hos- pital as assistant physicians, nurses, &c............ 44 in relation to admission of sick persons to Marine Hos- pital, &c........................................ 47 compensation for sick persons admitted to Marine Hos- pital. ..............'............................ 47 duty to provide suitable accommodations for officers and employees of Marine Hospital within Quarantine inclosure....................................... 48 may appoint person to board emigrant vessels at Quaran- tine and elsewhere.............................. 49 COMMISSIONERS OF HEALTH : how constituted.................................... 8 duty to render advice to Board of Health and to the City Inspector................................... 8 meetings of........................................ 9 may authorize cargo of infected vessel to be destroyed.. 19 may consent (with health officer) to removal of cargo of vessel at Quarantine............................ 19 to communicate information to the Board of Health--- 34 1S8 INDEX. COMMISSIONERS OF HEALTH—(Continued) : each commissioner to report to Board of Health viola- tions of tenth section of article 2, title 3 (act of 1850), (in relation to duty of physicians)...... 3G penalty for neglect to report cotton brought into the city, &c......................................... 39 penalties to be paid to............................... 40 authorized to sue and recover in their name of office.... 40 duty to inform District Attorney of all violations of the law, &c........................................ 40 suits shall not abate on account of death of officer...... 41 vacancy in, how supplied........................... 48 Trustees of Seamen's Fund Retreat to contract with (for support of sick and disabled seamen subject to Quarantine).................................... 49 COMMON LAW— remedies relating to nuisances not interfered with by act of 1850........................................ 41 CONTAGIOUS DISEASE : See " Disease." CONSTABLE— may serve warrant of arrest of Board of Health........ 33 CONTRACT— may be made for cleaning streets..................... 69 violation of, to be reported to City Inspector........... 86 specifications for making, in relation to the removal of dead animals, blood, offal, &c.................... 103 security to be given for performance of, in relation to removal of dead animals, &c................... 104 INDEX. CONTRACT—(Continued) : may be annulled by Common Council for neglect to per- form.......................................... 105 in case of default award to be forfeited................ 105 City Inspector to advertise for proposals and make (for removal of contents of sinks, privies, &c.)......... 155 for paving, not completed until the sand, dirt, and rub- bish are removed................................ 129 for cleaning streets, &c. (specifications)................ 134 for cleaning streets, may be annulled, &c.............. 138 contractor to give security to perform the requirements of............................................ 69, 139 COTTON— duty of master and owner of vessel bringing to the city, from May to November, to report................. 38 penalty for refusal or neglect to report................ 39 COUNTY CLERK— to keep registry of persons and firms removing where infectious or contagious disease may exist in the city and county of New York............................ 58 CORONER : to make returns to City Inspector of inquisitions taken. 56 in case of inquest, certificate to be deposited in the office of City Inspector.......................... 153 Registrar of Records charged with duty of keeping re- turns of inquisitions............................ 149 COURTS : jurisdiction, to enforce health laws...................27, 28 proceedings may be removed to Supreme Court from Board of Metropolitan Police.................... G8 190 INDEX. COURTS—(Continued) : jurisdiction, in relation to casting ashes, garbage, &c, into streets, &c................................. 73 CROTON AQUEDUCT DEPARTMENT : See "Croton Water." to permit use of Croton water by City Inspector.. .56, 83, 165 to allow contractor for cleaning streets to use Croton water under restrictions........................ 138 to have charge of keeping all sewers and drains in good order and free from obstruction.................159,162 may grant permits to construct private sewers or drains. 159 to report to Common Council necessary repairs to streets, &c............................................ 164 CROTON WATER : may be used by City Inspector....................56, 83, 165 contractor for cleaning streets allowed to use.......... 138 to be used in water-closets to carry off animal refuse, &c. 162 reservoirs not to be used for bathing in.............., 164 CULVERTS : to be cleaned in the night-time only.................. 159 DEAD: See "Interment" and "Deceased Persons." ordinances may be passed prohibiting interments in the city........................................... 70 prohibition of interments south of Eighty-sixth street, except in private vaults and burial-places........ 151 INDEX. DEAD—(Continued) : prohibition of burials in new cemeteries or burying grounds in the city............................. interments forbidden in grave or vault less than six feet in depth................................... dead body or coffin not to be disturbed, removed, or in- terfered with, after interment, without a permit.. permit may be granted for disinterment and removal... return of interments in the city to be made to City In- spector, on Saturday of each week................ City Inspector to keep a register of deceased persons, to be open to public inspection..................81 weekly and annual report of, to be published.......... City Inspector to grant permit to remove dead upon receiving a certificate, &c........................ not to be removed from the city without a permit...... removal of, from cemeteries or burial-places, permis- sion required..................................83 relative to interments in the Roman Catholic (Calvary) cemetery....................................... DEAD ANIMALS : carcass of horse not to be cast into any street, lot, or other place..................................... whole or part of any dead animal not to be left or kept in any place in the city, under penalty........... City Inspector to cause all and every putrid, unsound, or unwholesome substance, to be forthwith re- moved, &c..................................... carts for the removal of, and for removing bones, &c, to be licensed; penalty for removing without having license................................. V 192 INDEX. DEAD ANIMALS—(Continued) : prohibited from being cast or thrown into East or North River, or waters within the limits of the city..... 103 contractor to collect and remove...................103, 104 duty of citizens to report............................ 106 Street Inspector to give notice, and cause removal of.. 106 burial of, prohibited................................ 106 interference with, prohibited......................... 106 forbidden to be deposited in any sink, privy or cesspool. 114 business of skinning, prohibited and declared to be a misdemeanor................................... 146 DECEASED PERSONS : See "Dead" and "Interments." effects of, when death occurs at Quarantine, how secured from waste and embezzlement.................... 48 City Inspector to keep register of..................... 81 permit may be granted for removal of remains of......83, 154 DIRT: shall not be deposited in any street, lane, or public place,73, 120 violation of ordinance in relation to prohibiting dirt, &c., being deposited in the streets, &c., declared to be a misdemeanor..............................73,125,126 forbidden to sift or screen in any street................ 122 shall not be scattered on streets from carts............. 124 cartmen not to dump or deposit on any street, dock, wharf, or public place, without permission......... 125 regulation of carts used to transport.................. 126 to be removed from streets, when newly paved or exca- vation made................................... 129 to be removed by contractor for cleaning streets........ 134 ............................................135 to 139 INDEX. 193 DISEASE : Herein of Infectious, Contagious, or Pestilential. sick persons to be visited by resident physician, &c...... 8 sick persons may be sent to Marine Hospital or other place.......................................34, 45, 47 agent may be appointed to prevent the introduction of disease into the city............................. 10 relating to vessels subject to quarantine......12, 13, 16, 18,19 of vaccination...................................... 16, 20 sick persons may be sent to hospital by Health Officer. 21, 45, 47 of infected places, proclamation may be issued, &c.....24, 40 duty of City Inspector in relation to preventing the spread of....................................... 31 duty of the Board of Health to forbid and prevent com- munication with any part of the city or any house or family infected............................... 32 duty of Board of Health to provide places for reception of sick, and to procure medical and other attend- ance, &c.......................................33, 34 physicians, when required, to report persons sick, or who may die of pestilential, contagious, or infectious... 35 boarding-house keepers to report, when so required, per- sons sick....................................... 35 masters of vessels, lying at wharf or in the harbor, to report sick persons.............................. 36 report to be made to Board of Health by Superintendent of Marine Hospital of all persons sick of any, &c... 46 DOCKS to be designated and set apart for the removal of butchers' blood, offal, &c......................'......... 102 dock at foot of Forty-fifth street, East River, designated 103 13 194 INDEX. DOCKS—(Continued) : Common Council to designate other................... 103 contractor for removal of dead animals, &c, to provide and keep vessels at.............................. 104 designated for removal of night-soil and contents of scavengers' carts................................ H° contractor for removal of contents of sinks, privies, &c, to keep vessels at............................... 156 manure, sweepings, &c, not to be removed to wharf south of Fourteenth street, except by authority of Superintendent of Sanitary Inspection............. 127 wharves, &c, to be cleaned by contractor for cleaning streets......................................... 134 city to furnish berths for vessels to contractor for clean- ing streets..................................... 136 DRAINS : See "Sewers." sunken grounds may be drained...................... 70 subterraneous drains may be constructed to sinks and privies......................................... 70 swill not to be conveyed to or deposited in............. 130 Croton Aqueduct Department to have charge of sewers and..........................................159, 162 permission may be granted to construct private drains.. 159 regulations in relation to making..................... 160 Croton water fixtures to be furnished to water-closets connecting with................................ 162 examination of..................................... 163 penalty for obstruction of............................ 163 INDEX. 19-5 (E) EXPENSE : of removing vessel to be a lien....................... 14 of abating or removing nuisance to be a lien........... 32 for removal of articles prohibited by Board of Health may be recovered, &c..................\........ 37 incurred by taking down edifices or cleaning tenement houses by order of Board of Police to be a lien..... 67 by City Inspector's authority, vouchers to be filed, &c. 82 not to be paid from any appropriation for the City Inspector's Department unless approved by City Inspector..................,................... 87 incurred for abatement of nuisance by City Inspector to be paid by person liable......................... 90 penalty if not paid within twelve hours after demand by City Inspector.................................. 90 of removing nuisance forthwith by City Inspector, to be at expense of owner, &c......................... 90 statement of, for removal of nuisance, to be prepared and filed....................................... 91 collection of, as by law provided..... ............... 91 double amount of (in addition to penalty), may be re- covered for removal of building rubbish, stone, &c, from streets.................................... 122 for removing dirt, sand, &c, by order of Water Purveyor, to be repaid to city............................. 129 arising from neglect of contractor for cleaning streets, to be deducted................................137, 138 suit may be brought for recovery of (removal of snow and ice by direction of Superintendent of Sanitary In- spection) ....................................... 142 196 INDEX. (F) FILLING SUNKEN LOTS : ordinances may be passed for........................ 70 ashes may be used by consent of owner and City In- spector for..................................... 136 (G) GARBAGE: See " Swill." to be removed from slaughter-houses................. 100 of cattle not to be left or cast in any street, lane, avenue, public place, or road, or any yard, lot, field, or prem- ises in the city................................. 101 regulations concerning carts, wagons, &c, for the re- moval of.....................................110, 126 shall not be thrown in any sink, privy, or cesspool..... 114 , not to be cast or laid in any street, lane, or alley........ 120 violation of ordinances prohibiting casting into streets, &c, declared to be a misdemeanor.......... 73, 121, 126 owner of tenement houses to provide box to receive.... 123 contractor for cleaning streets to remove........ 134, 135, 136 cartmen to have bell................................ 135 prohibited from being thrown or deposited in any re- ceiving basin or sewer........................... 163 GUTTERS: across sidewalks to be kept free from obstruction....... 130 in front of vacant lots to be kept in good repair, &c..... 132 contractor for cleaning streets to clean................ 134 INDEX. 197 GUTTERS—(Continued) : in front of public buildings and places (engine houses, &c), to be kept free from snow and ice.......... 136 and cross-walks to be kept clean, and free from obstruc- tion by ice, &c, by Superintendent of Sanitary In- spection ........................................ 141 to be cleaned before using water from hydrants........ 163 (H) HEALTH COMMISSIONER : duty of the........................................ 9 to receive moneys, give bond; account............... 9 salary of, manner of appointment.............'....... 10 HEALTH LAWS : violation of, to be prosecuted by District Attorney...... 40 magistrates and others to aid Board of Health and Health Officers........................................ 41 fines and penalties for violation of, recoverable by suit brought by Commissioners of Health.............. 40 United States revenue and other officers to aid in ex- ecution of...................................... 53 cargo prohibited by local health laws, may be unladen at other places, as authorized by Collector......... 54 duty of Police to enforce............................ 65 power of the Mayor, Aldermen, and Commonalty to make ordinances..................................... 31, 70 * 198 INDEX. HEALTH OFFICER : duties....................................... 8, 18, 19, 20 assistant may be appointed by....................... 8 appeal from decision, order, or direction of............ 23 to board vessels on arrival........................... 18 visitation and detention of vessels by.................13, 16 to remove vessels from anchorage ground, &c.......... 19 to cause cargo, passengers, and crew to be landed at Quarantine ground, or other place, when he shall judge it necessary............................... 19 vessel, cargo, bedding, and clothing to be ventilated, cleansed, and purified........................... 19 bedding and clothing may be destroyed, when deemed necessary, by the............................... 19 by authority of Mayor and Commissioners of Health, cargo may be destroyed when deemed incapable of purification, by................................. 19 may examine persons under oath..................... 18, 20 to report to Mayor or Commissioners Of Health........ 18 prohibition of persons leaving Quarantine............. 19 may cause persons to be apprehended and confined.. .20, 22, 27 may permit cargo, or portion thereof, free from infec- tion, to be conveyed to the city of New York, or elsewhere, by approval of Mayor or Commission- ers of Health................................... 19 cargo of vessel under quarantine, or portion thereof, may be shipped for exportation by sea, or transportation up the North or East River, if not deemed danger- ous to the public health......................... 19, 21 may order vessels at the wharves of the cities of New York or Brooklyn, or vicinity, to Quarantine, or i INDEX. 199 HEALTH OFFICER—(Continued) other safe place, whenever the public health shall require it, &c.................................. 14 may enforce order of removal of vessel to Quarantine, expense thereof, &c............................. 14 vessels bound east may be allowed to pass through the Sound, by (restriction as to communication with such vessel).................................... 15 lighters shall not be employed to load or unload vessels at Quarantine, without permission from........... 22 may cause persons under quarantine to be vaccinated.. 16, 20 policemen to be detailed on requisition from........... 20 may send sick persons to Marine Hospital.............21, 45 removal of indigent emigrants from Marine Hospital, on notice to Commissioners of Emigration, given by... 21 suits brought by, shall not abate on account of death of.. 41 recovery of sick to be reported by Physician of Marine Hospital........................................ 45 persons sick of infectious, contagious, or pestilential dis- ease, to be received into Marine Hospital when sent by.............................................. 45 to have access to Marine Hospital..................... 45 authority over Marine Hospital restricted.............. 44 hospital money to be paid before permit be granted by Health Officer.................................. 49 penalties, eloping, or violating Quarantine laws and re- gulations, or obstructing Health Officer, considered a misdemeanor, punishable, &c..................... 20 master of vessel refusing or neglecting to anchor vessel at place assigned, to submit his vessel, cargo, and passengers to examination by Health Officer, and to 200 INDEX. HEALTH OFFICER—(Continued) : furnish information, &c. ; refusing to remain with his vessel at Quarantine, and to comply with direc- tions and regulations, deemed guilty of misdemeanor, and to be punished by fine or imprisonment, or both 25 master of vessel giving false information to pilot; or refusing to give information, &c.; or landing any person from vessel, or permitting any person, except pilot, to come on board, or unloading any portion of cargo before his vessel shall have been visited by Health Officer; or master of vessel who shall ap- proach nearer the city of New York than Quarantine, deemed guilty of misdemeanor, &c................ 26 penalty for violation of health laws, or refusal to com- ply with directions and regulations of any of the officers of health................................ 26 penalty for obstructing Health Officer.................20, 26 HEALTH WARDENS : manner of appointment, salary.......................29, 89 duties; to carry into effect the laws and ordinances re- lating to the public health, and perform such ser- vices, in the investigation, abatement, and removal of nuisances, as may be required, &c...............29, 89 to examine meat shops.............................. 97 in relation to the removal of dead animals, &c.......... 106 examination of sink, privy, or cesspool before being cov- ered over...................................... 112 to make annual examination of each sink or privy in each ward, and to give notice to cause same to be emptied........................................ 117 may cause rubbish, ground, sand, &c, to be removed from street.................................. 121 INDEX. 201 HEALTH WARDENS—(Continued): penalty for obstructing or hindering in the discharge of duty........................................... 90 HOSPITAL MONEY : to be paid or secured before vessel subject to quarantine be permitted to approach the city................. 49 (I) INFECTIOUS DISEASE : See "Disease." INQUISITIONS : by coroner, to be returned and kept in office of City Inspector.................................56, 149, 153 INSPECTOR OF VESSELS : manner of appointment; duties of; fees; to make re- port...........................................10, 11 INTERMENT: See '' Dead "—" Prohibition. '' may be prohibited by ordinance in city of New York... 70 prohibited, except in private vaults and cemeteries south of Eighty-sixth street........................... 151 opening of new cemeteries or burying grounds prohibited in city......................................... 151 forbidden in grave or vault less than six feet in depth . . 152 return to be made by sexton, weekly, of burials in the city.......................................-..... 152 dead body or coffin not to be removed, disturbed, or ex- posed without permission, after................... 152 202 INDEX. INTERMENT—(Continued) : permit may be granted for removal of reniams interred in the city...................;.................83, 154 not to be made without certificate stating name, age, cause of death, &c.............................. 153 in (Calvary) Roman Catholic Cemetery............... 154 (J) JURISDICTION (OF COURTS): enforcement of health laws..........................27, 28 in relation to appeal to Supreme Court from proceedings of Board of Police.............................. 68 of assistant justices' courts in relation to violation of certain ordinances............................... 73 (L) LAMP DISTRICT : swine not allowed to run at large in.................. 109 limits of described.......................».......... 1(57 LIENS on vessel, for removal................................ 14 on premises, for abatement and removal of nui- sance.......................................31, 91, 148 for expense of taking down edifice, or cleaning tenement- house, by order of Board of Police................ 67 INDEX. LODGING-HOUSES : ordinsfcces for regulating may be passed............... ) inspection of, Board of Health may direct, to be made weekly........................................ 80 keeper to report sick persons when required so to do— 35 penalty for neglect or refusal......................... 39 LOT (or LOTS) : See " Liens." ordinances to fill up may be passed................... 70 City Inspector may enter and examine................ 82 water from, to be conveyed through covered gutters, kept free from obstruction,...................... 130 dead animals, bones, or putrid substance, &c, prohibited from being left in or on any..................... 101 dead animal found in, to be reported................. 106 sidewalks to be paved and gutters kept in good repair in front of vacant................................ 132 relative to carts removing dirt, sand, gravel, &c....... 125 (M) MAGISTRATES : to aid Board of Health and Health Officers............. 41 duty in relation to violation of ordinances deemed mis- demeanors ..................................... '2 MANUFACTORIES: inspection of by Police as to being unsafe to health or life............................................ 66 204 INDEX. MANURE: carts not to scatter on streets............*........... 124 regulation of carts used to convey...................126, 127 inspectors may be employed......................... 127 not to be carted to wharf south of Fourteenth street, except by authority.........>.................... 127 no deposit of, for purposes of sale, to be kept south of Twenty-eighth street, except by consent, &c......127, 128 prohibited from being dumped on the Battery.......... 128 MARKETS : bureau of..........................................56, 78 Superintendent of..................................56, 93 power and duties relative to, transferred to City In- spector........................................ 83 exemption from examination by the Inspector and Assist- ants of the Bureau of Sanitary Inspection.........88, 97 penalty for obstructing any clerk of................... 93 blown, plaited, and stuffed meat prohibited in.......... 94 gut-fat, undressed sheep's and lambs' heads, trotters, &c., forbidden to be brought into any of the....... 94 meagre shad prohibited in .......................... 94 persons may be employed to clean.................... 97 report to be made of the condition of................ 98 regulations as to refrigerators, ice-boxes, &c........... 98 dirt, filth, &c, to be removed from, by the contractor for cleaning streets.............................. 13o MARINE HOSPITAL : lands and buildings vested in Commissioners of Emigra- tion..........._____................... 40 INDEX. 205 MARINE HOSPITAL—(Continued) : persons sick of infectious, contagious, or pestilential dis- ease, to be received in..........................45, 47 powers of Health Officer over (restricted)............. 44 physician of, how appointed, powers, duties.......... 44 appointment of assistant physicians, nurses, orderlies, &c............................................ 44 to be maintained as a quarantine establishment........ 44 health officer to have free access to................... 45 salaries of assistant physicians, nurses, &c............ 45 annual report to be made to the Legislature of the con- dition of....................................... 46 report of Superintendent of, to Board of Health....... 47 duties of Superintendent to be discharged by the physi- cian of the..................................... 47 MAYOR: to preside over the Board of Health.................. 7 to render advice to the Board of Health and the City In- spector ........................................ ° appoint inspector of vessels.......................... 10 master of vessel released from quarantine to deliver per- mit at office of the.............................. 16 may, with health officer, consent to removal of cargo of vessel under quarantine, &c...................... 19 may issue proclamation declaring places to be infected.. 24 duty to communicate to Board of Health information to preserve the public health....................... 34 to report violations of law to District Attorney........ 40 and Common Council to make contract for cleaning streets......................................... 69 k 206 INDEX. MAYOR—(Continued) : may consent to City Inspector granting permit for re- moval of remains of deceased persons interred within the city.......................................83, 154 to issue license to butchers........................... 95 and Commissioners of Health : may extend quarantine.........................12, 13 grant permit in certain cases..................... 13 order vessels to quarantine from vicinity of the city.. 14 require keepers of boarding-houses to report sick persons.................................... 35 may enforce order, expense to be a lien........... 15 cargo of vessel may be seized for violation of per- mit granted................................ 21 Aldermen and Commonalty : may make ordinances, &c.......................31, 70 MEAT SHOPS : to be examined, and all unwholesome veal, beef, pork, &c., to be removed.............................. 88 not to be used to slaughter in........................ 96 list to be kept of................................... 96 MESSENGERS : in City Inspector's office............................. 84 METROPOLITAN POLICE : duty of............................................ 65 order to cleanse premises may be issued by the Board of 67 boxes for reception of orders to remove dead animals, &c., to be kept at station-houses of the............ 104 INDEX. 207 METROPOLITAN SANITARY POLICE : See "Sanitary Police." MISDEMEANOR: violation of penal ordinances declared to be a......... 72, 73 violation of ordinances relating to the boiling of offal or swill declared to be a............................ 109 casting or throwing ashes, offal, vegetables, garbage, &c, into the streets or public places, a............ 121 violation of ordinances regulating carts for conveyance of dirt, manure, sand, gravel, mud, lime, ashes, garbage, offal, swill, &c, declared to be a......... 126 trade or business of bone-boiling, bone-burning, &c, declared to be a................................. 146 (N) NIGHT SOIL : prohibition of casting or dumping into the river....... 63 specifications for making contract for removal of....... 155 NUISANCE : For various nuisances, see appropriate head, as " Dead Animals," "Prohibition," "Swine," "Privies," &c. arising from trade or business........................ 30 City Inspector may order abatement of............. 31, 82, 90 ordinances may.be made for the abatement and removal of............................................ 31 expense for abatement of, to be a lien................. 31 expense may be recovered as if mortgaged, &c......... £2 208 INDEX. NUISANCE—(Continued) : putrid or other dangerous matter or thing may be de- stroyed or removed............................. 33 act of Legislature in relation to, not to interfere with remedies by the common law..................... 41 by persons who intrude or squat on lands.............. 61 on or near the boundary lines of New York, Westchester, and Queens counties, may be indicted, &c.......... 63 duty of Police in relation to......................... 65 to be ascertained by the City Inspector, and forthwith removed....................................... 79, 90 ordinances for the correction of any..................31,81 may be removed by the order of the City Inspector___ 31 ....................................... 79, 81, 82, 90 investigation, abatement, or removal of, by Superintend- ent of Sanitary Inspection....................... 85 penalty for neglect or refusal to obey order of City In- spector to abate or remove....................... 90 expense of removal to be paid within twelve hours after demand for abatement of........................ 90 statement of expense of removal or abatement of, to be prepared and filed, to be collected as by law pro- vided..................................... 31, 9l/l48 (O) OFFAL: removal from slaughter-houses....................... 99 docks to be designated for removal from the city of ., 102, 103 butchers' blood, offal, &c, to be removed by contractor at least once in each day....................... 104 INDEX. 209 OFFAL—(Continued) : keeping of hotel offal, swill, &c, prohibited........... 108 prohibition of throwing into any sink, privy, or cesspool 114 not to be thrown into any receiving-basin or sewer..... 163 carts for transportation of, to be tight covered, &c..... 126 ORDINANCES : may be passed to abate and remove nuisances, also to promote the public health, &c...................31, 70 to be enforced by police.............................65, 68 to be reported to Common Council by the City Inspector 81 violation of ordinances declared to be a misdemeanor... 72 .......................73, 109, 121, 125, 126, 127, 146 City Inspector to have cognizance of matters affecting the public health pursuant to.................... 77 in relation to slaughter-houses, to be enforced by the City Inspector.................................. 100 alterations to be suggested by, and necessary power to enforce conferred on City Inspector............... 82 enforcement of, in relation to cleaning streets or incum- brance thereon, by Superintendent of Sanitary In- spection and Police.............................. 86 OYSTERS: prohibited from being brought into, or kept in, the city during certain months........................... 94 shells forbidden to be cast into streets............72, 73, 120 removal of shells to be at expense of owners of stands, &c............................................ 121 14 210 INDEX. PASSENGERS : may be discharged or landed at Quarantine............ 19 maintenance of, while at Quarantine................. 22 from infected places may be sent back......... ...... 25 PERMISSION : / may be granted by City Inspector to empty sink, privy, or cesspool, &c.................................. 83 to remove remains of deceased persons interred in the city...........................................83, 154 for use of dock for vessels of contractor for removal of offal, &c., from the city.......................... 102 relating to the keeping of swine..................... 108 required to empty sinks, privies, &c., from last day of May to last day of September.................... 113 for removal of contents of sinks, privies, &c, south of Forty-second street............................. 116 to deposit earth, dirt, &c., on streets.................. 125 required to remove turf, &c, from streets.............. 125 to deposit manure south of Twenty-eighth street, for pur- poses of sale.................................... 127 prohibition of removing, disturbing, or exposing any dead body, or coffin, in any grave-yard, without, &c. 152 required for removal of dead body from the city....... 154 duty of the City Inspector, on receiving certificate, to grant.......................................... 154 to be given to sexton of St. Patrick's Cathedral, in rela- tion to interments at Calvary Cemetery.......... 154 INDEX PESTILENTIAL DISEASE : See '' Disease. '' PHYSICIAN OF MARINE HOSPITAL : See " Marine Hospital." PHYSICIANS: visiting, hospital, and consulting, may be appointed, and duties designated, and compensation fixed by the Board of Health................................ 10 to report cases of sickness, and death, by infectious disease, &c, when required by the Board of Health. 35 violations of law by, to be reported by each of the Com- missioners of Health............................ 36 penalty for neglect or refusal to comply with the tenth section of Title III. (to report, &c.)................ 39 PILOTS. Duty of : to ascertain if vessel is subject to quarantine, to anchor at quarantine; prevent boats coming along side ; to deliver copy of law to master ; report violations of law to Health Officer................ 17 penalty ; master of vessel giving false information, &c.. 26 POLICE : See "Metropolitan Police," and "Sanitary Police." officers to aid Health Officer when required............ 20 warrant of Board of Health may be served by.......... 33 to enforce ordinances, &c............................ 65, 68 212 INDEX. PRIVIES : may be filled up, altered, or amended................. 70 inspection to be made of new sinks, privies, &c.........80,112 regulations in relation to construction of.............112, 113 ordinances in relation to cleaning, altering, and repairing, to be reported to Common Council................ 81 examination of, by City Inspector.................... 82 annual inspection to be made of...................... 117 prohibition of emptying, without permission..........113,117 City Inspector may grant permit to empty............ 83 contents not to be drawn off, &c...................... 113 contents not to be permitted to rise within two feet of surface of earth................................. 113 hours fixed for work of removal of contents of tubs used in............................................. 114 contents not to be cast or allowed to run into any street, &c............................................. 114 garbage, offal, &c, not to be thrown into............. 114 tubs used in, to be tight and well secured, &c.......... 114 contents of tubs not to be allowed to rise within three inches of top.................................... 115 contents of sinks, privies, &c, to be removed only in tight-covered tubs, &c........................... 115 contents of, prohibited from being cast or dumped into the river...................................... 63, 115 wharves for use of scavengers...................... 115, 118 proposals to be advertised for the removal from the city of the contents of............................ 117, 155 water-closets—animal refuse to be carried off from, by Croton water.................................... 162 INDEX. 213 PROHIBITION : of erection of nuisance on, or near, the boundary lines of New York, Westchester, and Queens counties.... 63 relative to the interment of the dead in the city........ 70 of interment of dead south of Eighty-sixth street, ex- cept in private vault or cemetery................. 1-' 1 of burials in new cemeteries or burial grounds.......... 152 of burial in grave or vault less than six feet in depth... 152 of any dead body, or coffin, interred in the city being dis- turbed, exposed, or removed without permission... 152 of burial without certificate, stating name, age, &c, of deceased, with cause of death.................... 153 of removal of remains of person dying in the city, with- out a permit.................................... 153 of sifting or screening lime, ashes, &c, in any street, &c. 122 of ashes, garbage, offal, straw, shavings, shells, &c, being cast, laid, or deposited in any street, or other place.....................................73, 120, 122 of building rubbish, sand, stone, &c, being left in the street after sunset of each day.................... Ill of allowing dirt, sand, &c, to remain on street........ 17 9 of swill, &c, being deposited in the streets, or any sewer or drain.....................................130, 1C3 of stinking, noxious, impure, offensive, or noisome water being cast or thrown into any street, &c............ 131 of water from breweries, distilleries, &c, being allowed to run into any street, except during certain hours 131 of clothes, cloths, yarn, &c, being washed, rinsed, cleansed, or dried in or over any street............. 131 of the exposure for sale of stale or unwholesome articles of food, &c., in the public market................ 93 214 INDEX. PROHIBITION—(Continued) : in places other than the public markets...............88, 97 of bringing into markets any gut-fat, head of sheep or lamb not cleaned, &c............................. 94 of bringing into market any meagre shad.............. 94 of bringing into, or having in possession, in the city of New York, any oysters during certain months..... 94 of slaughtering in private markets (meat shops)......... 90 of carcass of dead horse being exposed in any street, or other place, &c.................................. 101 of any bones, putrid or unsound meat, dead animals, &c., being cast, left, or kept in any street, lane, alley, yard, lot, or other place, &c...................... 101 of removal of dead animals, &c, by persons without license from City Inspector...................... 103 of burial of dead animals..................•.......... 106 in relation to the keeping of swine, &c................. 108 relative to keeping offal, swill, &c, within city limits... 108 of swill carts standing in streets, &c, exception........ 110 of spilling swill or garbage in the streets.............. 110 of casting or dumping night-soil, &c, into the river... .63, 115 in relation to the construction and inspection of new sinks, privies, and cesspools (depth, thickness of walls, &c.)................•................70, 112, 113 relating to the condition of sinks, privies, &c. (also use of tubs in,&c.)............................113, 114, 115 of dead animals, garbage, offal, &c, being thrown into any sink, privy, or cesspool...................... 114 having reference to the removal of the contents of sinks, privies, &c, not to be drawn off into any hole..... 113 of removal without permit during certain months...... 113 INDEX. 215 PROHIBITION—(Continued) : of contents of tubs, except during certain hours........ 114 of contents being permitted to run into any street, lot, or on any dock, &c................................. 114 tubs, casks, &c, used to remove contents of sinks, priv- ies, &c, to be approved by City Inspector.......... 115 of turning up made ground, &c....................... 143 of vat, pit, or pool of standing water or offensive or un- wholesome substance being kept on any premises... 143 of undressed hides, skins, &c, being brought to, or kept in, the city..................................... 144 of bone-boiling, bone-burning, and similar trade or busi- ness........................................... 145 of offal, garbage, or dead animal, or obstruction of any kind, being thrown into any receiving basin or sewer. 163 PROVISIONS : salted, packing and repacking of, may be prohibited in the city........................................ 36 penalty for violation or disobedience in relation to...... 38 putrid and unsound beef, pork, &c, to be removed..... 79 inspection of, by officers of the Bureau of Sanitary In- spection ..................,..................... 88 stale and unwholesome articles of, sale to be pre- vented........................................ 88, 97 unwholesome or stale articles of, prohibited from being exposed for sale................................ 93, 94 PUBLIC HEALTH : For various matters affecting, see appropriate heading, as " Nuisances," 1' Privies, '' &rc. City Inspector to have cognizance of matters affecting.. 55, 77 216 INDEX. PUBLIC HEALTH—(Continued) : duty of Police in relation to...................... 65, 66, 67 ordinances may be made to preserve and promote...... 31, 70 condition of lots, yards, buildings, sinks, &c, requiring to be cleansed, altered, or repaired, to be. reported to Common Council, when necessary for preserving the........................................... 81 report to be made to Common Council and Board of Health, by the City Inspector, of all circumstances endangering.................................... 81 sinks, privies, &c, may be emptied (by permit had) when it will not endanger............................. 83 nuisances endangering, to be investigated, abated, and removed by City Inspector............ 79, 80, 81, 82, 90 duty of Superintendent of Sanitary Inspection in rela- tion to nuisances endangering.................... 85 PUBLIC SLIPS : may be filled up, &c.................................. 70 requiring to be cleaned, repaired, or altered, to preserve the public health............................... 81 (Q) QUARANTINE : anchorage ground................................... 12 term of..................................12, 13, 16, 18, 24 vessels may be sent from vicinity of cities of New York and Brooklyn to............................... 14 vaccination of persons at........................... 16, 20 residence of health officer to be at.................... 18 removal of vessels from anchorage ground............. 19 INDEX. 217 QUARANTINE—(Continued) : landing of crew, passengers, or cargo at............... 19 vessels at, to be designated by colors................. 22 vessels or boat without permit not to pass or land at.... 22 Marine Hospital to be maintained as a quarantine estab- lishment ....................................... 44 officers and employees of Marine Hospital to reside with- in inclosure at.................................. 48 effects of persons dying at, how to be secured from waste and embezzlement.............................. 48 person may be appointed by Commissioners of Emigration to board vessels at Quarantine, &c, for certain pur- poses .......................................... 49 act of Congress respecting quarantine and health laws... 53 to be observed by officers of the United States......-.... 53 QUEENS COUNTY : of nuisance erected on or near the line of............. 64 (R) RECORDS AND STATISTICS : Bureau of......................................... 56, 78 Registrar.......................................... 56 registry of names of deceased persons to be kept open to public inspection in Bureau of.................. 81 births, marriages, and deaths to be registered and burial permits to be granted by the Registrar............. 149 REGISTRY : of persons and firms removing, to be kept by County 218 INDEX. REGISTRY-(Continued) : Clerk, when infectious or contagious disease may exist in the city................................ 58 to be kept of sinks and privies authorized to be emptied, 80 to be kept of ordinances for correction and removal of nuisances...................................... 81 of persons licensed as butchers....................... 96 of births, marriages, and deaths..................... 81, 149 RESIDENT PHYSICIAN : duty of............................................ 8 salary, manner of appointment....................... 10 REVENUE OFFICERS : (and others) to aid in execution of quarantine and health laws........................................... 53 RUBBISH: prohibition of casting, depositing, or dumping, in any street, lane, alley, avenue, or public place......... 73, ................................120, 121, 123, 124, 125 removal of, from foundries, forges, &c, at the expense of proprietor.................................... 121 from house or building, erecting or being repaired, to be removed before sunset of each day............... 121 may be removed by Superintendent of Sanitary Inspec- tion ........................................... 121 for the removal of, double the expense maybe recovered, by the Corporation.............................. 122 to be removed from streets after paving............... 129 contractor for cleaning streets to remove.........134, 135, 136 INDEX. 2J9 (S) SANITARY INSPECTION : Bureau of..........................................55; 78 Superintendent of...................................56, 85 Superintendent to give bond......................... 85 cognizance of Superintendent of......................85, 86 Superintendent of, may remove rubbish, &c..........121, 122 snow and ice may be removed from cross-walks, gutters, and sidewalks by order of the Superintendent of... 141 SANITARY POLICE : Organization and duties of the........................ 66 SCAVENGERS : See " Privies." may be licensed by the City Inspector................. 80 City Inspector may make regulations for government of 80 may be displaced.................................... 80 inspection of carts, &c.............................. 89 to proceed directly to nearest dumping place, and dump into boats, &c.................................. 118 tubs used by, to be approved by City Inspector........ 115 hours fixed for work of removing contents of sinks, privies, &c..................................... 114 SEWERS : of the construction of drains to sinks and privies....... 70 to be under the charge of the Croton Aqueduct Depart- ment, to be kept in good repair and free from ob- struction......................................159, 1G2 220 INDEX. SEWERS—(Continued) : culverts to be cleaned only in the night time.......... 159 permission to construct private sewers and drains....... 159 butchers' offal, garbage, &c, not to be thrown into..... 163 swill not to be deposited in.......................... 130 dirt, sand, &c., to be removed on completion of sewer. . 219 dirt, rubbish, and filth from sewers and receiving basins to be removed from the city by the contractor for cleaning streets, free of expense.................. 138 relating to making opening into or connection with*.. 160, 161 water-closets to be supplied with Croton water, so as to carry off animal refuse, &c....................... 162 examination of..................................... 163 SHERIFF : duty in relation to execution of warrant issued by Board of Health...................................... 33 in relation to nuisances on or near the boundary lines of the counties of New York, Westchester, and Queens........................................ 64 SICK: See '' Disease. '' SLAUGHTER-HOUSES : police inspection of.................................. 66 inspection of by officers of the Bureau of Sanitary In- spection ........................................ 88 to be cleaned daily when used........................ 99 blood, offal, &c, to be immediately removed from...... 100 duty of City Inspector to enforce ordinances........... 100 contractor to receive and remove offal, &c, from the city 104 INDEX. 221 SNOW (and Ice) : to be removed from crosswalks, gutters, and in front of public buildings, by contractor for cleaning streets. 136 to be removed by owner or occupant of building within four hours..................................... 140 Superintendent may, in case of neglect, cause to be re- moved from sidewalks, &c....................... 141 SPECIFICATIONS : for making contract for the removal of dead animals, blood, offal, &c................................. 103 for making contract for the removal from the city of the contents of sinks, privies, &c................. 155 for cleaning streets under contract.................... 134 STREETS: See " Cleaning Streets," also " Gutters." of the removal of squatters or intruders on streets not opened, &c..................................... 61 nuisances on, may be removed by the police........... 65 ashes, offal, vegetables, garbage, filth, straw, shells, cin- ders, shavings, or rubbish, prohibited from being cast or deposited in any of the streets, &c..... 73, 120, 121, 122 swill not to be deposited in any of the................. 130 building rubbish, sand, stone, &c, to be removed each day, &c........................................ 121 lime, ashes, dirt, or sand not to be sifted or screened in any of the...................................... 122 ashes forbidden to be dumped in...................... I22 manure, sand, earth &c, not to be scattered in streets from carts.................................... I24-126 222 INDEX. STREETS—(Continued) : earth, dirt, rubbish, &c, not to be dumped in any street without permission............................124, l^.o turf, &c., not to be removed (without permission) from any of the...................................... 125 Croton water may be used for cleaning the..........56, 83, 165 powers formerly belonging to Commissioner of Streets and Lamps conferred on the City Inspector in rela- tion to......................................... 83 Superintendent of Sanitary Inspection to make estimates for cleaning..................................... 86 of the duty and compensation of Street Inspectors........ 88 relating to the removal of dead animals from.... 101, 103, 104 swill carts prohibited from standing in................ 110 swill, garbage, &c, not to be scattered in.............. 110 sweepings shall not be dumped on the Battery.......... 128 to be paved, &c.,.................................... 1-8 dirt, sand, &c, to be removed after paving, &c---,..... 129 stinking, noxious, impure, offensive, or noisome water not to be allowed to run into the.................. 131 water from breweries, distilleries, &c, prohibited from being allowed to run into, except during certain hours.......................................... 131 clothes not to be washed, rinsed, or dried in or over any of the.......................................... 131 sidewalks to be kept in order in front of vacant lots..... 132 specifications for cleaning............................ 134 repairs necessary, to be reported....................... 164 prohibition of use of Croton water except at certain hours........................................... 165 INDEX. 223 STREET INSPECTORS : slate with name, to be kept at station-house............. 83 duty and compensation of............................ 88 duty in relation to meat-shops, &c..................... 97 relating to the removal of dead animals, kc, by........ 106 empowered to designate place for ash and garbage box... 12:! SUPERINTENDENT OF MARKETS : office established by charter.......................... 56 to give bond....................................... 93 to examine and cause unwholesome articles of provision to be removed.................................. 93 may employ persons to clean the markets.............. 97 to report condition of the Markets to the City Inspector 98 SUPERINTENDENT OF SANITARY INSPECTION : office established by charter.......................... 56 to give bond ; duties of the.......................... 85 to make estimates for cleaning streets................. 86 to keep account of time of men employed in cleaning the streets, &c...................................... 8G duty in relation to violation of contract, or agreement to clean streets................................. 86 incumbrances on street, duty in relation to............ 86 examination and auditing of accounts for work done under the supervision of the..................... 86, 87 Comptroller not to pay for cleaning streets by contract, or otherwise, unless audited by the............... 87 of the First and Second clerks to...................... 87 of the Ticket Clerk................................. 8? of the Complaint and Pay-roll Clerk to................ 88 224 INDEX. SUPERINTENDENT OF SANITARY INSPECTION—(Con-Anued) : building rubbish, sand, stone, &c, may, in case of neg- lect, be removed by............................. 121 double the cost for the removal of rubbish, &c., may be recovered when removed by...................... 122 may cause snow and ice to be removed from cross-walks, gutters, and sidewalks........................... 141 SWILL : prohibition of keeping within city limits.............. 108 regulation of carts, &c., engaged in the removal of.. .110, 126 offenses against ordinances relating to swill carts de- clared to be a misdemeanor...................... 126 prohibited from being deposited in any street, sewer, or drain.......................................... 130 SWINE : prohibited from being kept without permission from Mayor and City Inspector........................ 108 regulations relating to the keeping of................. 109 (T) TENEMENT HOUSES : police inspection of.................................. 66 being unsafe as to life or health...................... 66 to be cleansed on order from Board of Police........... 67 (U) UNITED STATES : revenue and other officers to aid in execution of Quaran- tine and Health laws.................. 53 INDEX. 225 (V) VESSELS: subjected to Quarantine....................12, 13, 16, 18, 24 may be ordered from wharves, or vicinity of New York or Brooklyn, to Quarantine...................... 14 expenses of removal how defrayed, lien for removal, &c. 14 may be permitted to pass by the Health Officer.........15, 21 permit, when released from Quarantine, to be delivered by master...................................... 16 may go to sea without breaking bulk................. 16 visitation of Health Officer.....................13, 16, 18, 25 may be removed from anchorage ground.............. 19 cargo, passengers, or crew, may be discharged from, or landed at Quarantine or other place, by direction of Health Officer.................................. 19 relating to the ventilation, cleansing, and purification of 19 infected bedding and clothing may be destroyed, &c.. . 19 of the prohibition (and apprehension) of persons leaving Quarantine..................................13, 19, 20 permit required to pass or land at Quarantine.......... 22 persons sick on board vessel at wharf, or in the harbor, to be reported................................. 36 duty of master or owner of vessel, bringing cotton into the city, from May to November................. 39; not permitted to land at docks set apart for the removal of blood, offal, &c, from city, without permit from City Inspector.................................. 102*! of contractor to have use of docks.........102, 117, 118, 155 of the contractor for cleaning streets, to be furnished with berths.................................... 137 15 226 INDEX. (W) WAREHOUSES : to be erected for storage of goods and merchandise from vessels at Quarantine. >.......................... 55 "WATER i stinking and offensive, not to be allowed to run into street, &c-.-.,.........................■......... 130 sidewalks Hot to be overflowed by.................... 130 from breweries, distilleries, &c., not to be permitted to flow into street, except, &c....................... 131 CtOtori, May be Used for cleaning streets.......56, 83, 1:78, 165 relating to ground formerly covered with stagnant water.......................................... 143 prohibition of having or keeping any vat, pit, or pool of stagnant, or any offensive or unwholsome substance on or in any premises, &c........................ 143 required to be applied to carry off refuse from water- closets......................................... 162 prohibition of use from hydrants, except in case of fire, &c.......................................165, 166 WESTCHESTER (County) : of nuisance on or near line of........................ 63