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General Laws of New York State, 1900


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The Health Officer of the Port of New York, Article VII

§ 100. Appointment.

There shall continue to be a health officer for the port of New York appointed by the governor, by and with the advice and consent of the senate, whose term of office shall be four years, and who shall be a doctor of medicine of good standing of at least ten years' experience in the practice of his profession and practically familiar with quarantinable diseases. (As amended by chap. 268 of 1900,)

§ 101. Residence and general powers.

The health officer for the port of New York shall reside at quarantine. He shall have the general supervision and control of the quarantine establishment, and the care and treatment of the sick thereat, and shall carry into effect the provisions of this article. He shall, in the presence of immediate danger, of which he shall be the judge, take the responsibility of applying such additional measures as may be deemed indispensable for the protection of the public health. (As amended by chap. 268 of 1900.)

§ 102. Appointment of assistants, nurses, boatmen and others employed.

The health officer may appoint and dismiss at pleasure two deputy health officers and a resident physician of the Swinburne island hospital, who may perform, subject to his direction, any duty required of the health officer, and for whose conduct he shall be responsible. He may appoint and dismiss at pleasure as many nurses, boatmen and employes of the boarding station as may be necessary for the proper treatment and care of the inmates thereof, and in conjunction with the quarantine commissioners, license such lightermen, stevedores, laborers and other employes necessary for the care and treatment of vessels, merchandise, baggage, dunnage and other property in quarantine. The compensation of all persons employed under this section, unless established by law, shall be fixed by the health officer. (As amended by chap. 268 of 1900.)

§ 103. Examinations; warrants for offenders.

The health officer may administer oaths in all examinations to be conducted by him, or under his direction, prescribed by this article, and relative to any alleged violation of quarantine law or regulations. He may issue a warrant to any constable or other citizen for the pursuit and arrest of any person violating any quarantine law or regulation, or obstructing the health officer in the performance of his duty, and for the delivery of any person arrested to the health officer, to be detained in quarantine until discharged by him, not exceeding twenty days. Every constable or other citizen to whom any such warrant shall be delivered shall obey the direction thereof. (As amended by chap. 268 of 1900.)

§ 104. Boarding vessels.

The health officer shall board every quarantinable vessel as soon after her arrival as practicable, between sunrise and sunset; shall ascertain by the inspection of the bill of health, manifest, log book or otherwise, as to the health of all persons on board, and the condition of the vessel and cargo; shall examine on oath as many persons on board or elsewhere as he may deem expedient to enable him to determine the period of quarantine and the regulations to which the vessel and cargo shall be made subject. It shall be the duty of the health officers at the several ports of entry within the state of New York to require the masters of all merchant ships and vessels arriving at said ports from any foreign port, to present a bill of health, duly executed by the consul, vice-consul, or other consular officer of the United States, or by the medical officer attached to the United States consulate by appointment of the United States government, or the representative of the United States government resident at said port of departure, which shall set forth the sanitary condition and history of said vessel; also the sanitary condition of the cargo and of the crew and passengers; also the sanitary condition of the food, water and ventilation of said vessel; the number of cases at such port of yellow fever, plague, cholera, small-pox, typhus fever, relapsing fever, scarletina, measles, diphtheria and other infectious diseases, the total number of deaths from each of these diseases from all causes the week preceding the date of said bill of health, as far as can be ascertained by the said consul, vice-consul or other consular officer of the United States, or the medical officer attached to such consulate. Said bill of health shall contain, in addition to the above a statement of any circumstances affecting the public health in relation to infectious diseases at the port of departure, or the community adjacent thereto. Vessels that touch at other ports on the passage shall bring a bill of health from each and every port, or shall have indorsed upon the original bill of health by the consul, vice-consul, consular officer or medical officer of the consulate, the facts and conditions of those ports as to the existence and prevalence of the infectious diseases mentioned in this section. All persons coming from or through any foreign port or place who, after the passage of this act, may arrive at the port of New York, shall be liabel to an examination by the health officer or his deputies, as regards their protection from small-po. In any case any person so arriving shall refuse to submit to such examination, or upon such examination shall be found not sufficiently protected from small-pox, or refuses to be proteced by vaccination, such person, and in case such person be a minor, then also the person having him or her under charge, shall be detained in quarantine until he or she shall have passed the incubative period from date of last possible exposure; and the expense of such detention shall be chargeable by the commissioners of quarantine upon the consignees or owners of the vessel having such person on board, and such expenses as may be incurred shall be a lien upon such vessel. The master of a vessel who shall refuse or neglect to comply with the provisions of this section shall be guilty of a misdemeanor, and be punished by a fine of not less than one hundred dollars nor more than five hundred dollars. (As amended by chap. 268 of 1900.)

§ 105. Bills of health.

The health officer shall require the masters of all merchant ships and vessels arriving at such port from any foreign port to present a bill of health, duly executed by the consul, vice-consul or other consular officer of the United States, or by the medical officer attached to the United States consulate, by appointment of the United States government, or the representative of the United States government resident at such port of departure, setting forth the sanitary condition of the vessel, its cargo, crew, passengers, foods, waters and ventilation, and the sanitary history of the vessel, the number of cases at such port of yellow fever, plague, cholera, small-pox, typhus fever, relapsing fever, scarletina, measles, diphtheria and other infectious diseases, the total number of deaths from each of these diseases, and from all causes the week preceding the date of the bill of health, as far as can be ascertained by the officer executing such bill of health, and a statement of any circumstances affecting the public health in relation to infectious diseases at such port of departure or the community adjacent thereto. Vessels touching other ports on the passage shall also bring a bill of health from each port, or shall have indorsed on the original bill of health by one of such United States officers thereat, the facts and conditions of the ports touched, as to the existence or prevalence there of any such infectious disease. (As amended by chap. 268 of 1900.)

§ 106. Effects of deceased persons.

The health officer shall secure the effects of deceased persons in quarantine from waste and embezzlement, make a true inventory thereof, and if the rightful claimants thereto do not appear within three months deliver the same to the public administrator of the city of New York, unless they ought not to be removed or ought to be destroyed under the provisions of this article. (As amended by chap. 268 of 1900.)

§ 107. Department of health of the city of New York.

The health officer shall keep the department of health of the city of New York informed of the number of cases of quarantinable diseases and the character of the same, held at quarantine; and he may receive any vessel or merchandise sent to him by the health authorities of New York which in his opinion is dangerous to the public healt. (As amended by chap. 268 of 1900.)

§ 108. Power over master, owner or consignee of vessel.

If the master, owner or consignee of any quarantinable vessel shall neglect or refuse to do any act or thing lawfully directly to be done by the health officer, or to comply with any lawful order or direction of the health officer, or with any regulation relative to such vessel or any person or thing on board thereof, the health officer may employe such assistance as may be necessary to enforce any such order, direction or regulation. The health officer in the lighterage, stevedorage and storage of quarantinable vessels and merchandise may permit the captains and owners thereof to employ men upontheir own account, subject to the same restrictions for the protection of the public health as if licensed by the health officer and quarantine commissioners. (As amended by chap. 268 of 1900.)

§ 109. Quarantinable diseases.

The quarantinable diseases are yellow fever, plague, cholera, typhus or ship fever and small-pox, and any other infectious disease which has been or may be determined to be quarantinable by the health officer. Persons with insufficient evidence of vaccination and known to have been recently exposed to small-pox, shall be vaccinated as soon as practicable and detained until the vaccination shall have taken effect under regulations prescribed by the health officer. (As amended by chap. 268 of 1900.)

§ 110. Quarantinable vessels and period of quarantine.

Every vessel arriving at the port of New York from any place where a quarantinable disease existed at the time of departure, or which shall have arrived at any such place and proceeded therefrom to New York, or on board of which during the voyage any case of any such disease shall have occurred, shall remain at quarantine until the health officer grant a permit for the discharge of such vessel or cargo or both. Every vessel arriving at the port of New York from any foreign port, and every vessel from a domestic port, shall, on their arrival at the quarantine ground, be subject to visitation by the health officer. No quarantinable vessel shall depart from quarantine without the written permission of the health officer which shall be delivered by the master of the vessel to the department of health of the city of New York, according to the destination of the vessel within twenty-four hours after the permit is received by him. (As amended by chap. 268 of 1900.)

§ 111. Detention for examination of vessels

If a vessel which has not had, during the voyage, a case of quarantinable disease, if found in a condition which the health officer deems dangerous to the public heal, it shall be held and treated as the health officer may deem necessary. (As amended by chap. 268 of 1900. Renumbered from § 112.)

§ 112. Sanitary measures; admission to pratique.

The health officer may require before admission to pratique of any vessels, baths and other bodily care of the person on board, in addition to the treatment of the vessel and cargo. Admission to pratique shall be preceded by as many visits to the vessel by the health officer as he may deem necessary. (As amended by chap. 268 of 1900, and renumbered from § 113.)

§ 113. The yellow flag.

The health officer shall cause all vessels, warehouses and merchandise in quarantine to be designated by a yellow flag, and shall prohibit communication with or passage within range of the same, except under such restrictions as he may designate compatible with the public safety. (As amended by chap. 268 of 1900, and renumbered from § 115.)

§ 114. Vaccination.

All persons coming from or through any foreign port or place, who may arrive at the port of New York shall be liable to an examination by the health officer or his deputies, as regards their protection from small-pox.

If any such person shall refuse to submit to such examination or on such examination shall be found not sufficiently protected from small-pox, or shall refuse to be protected by vaccination, such person together with the person having him in charge if he be a minor, shall be detained in quarantine until he shall have passed the incubative period from the date of the last possible exposure; and the expense of such detention shall be charged by the commissioners of quarantine to consignees or owners of the vessel having such person on board, and such expenses so incurred shall be a lien upon such vessel. (As amended by chap. 268 of 1900. Renumbered from § 118.)

§ 115. Duty of pilots.

Every pilot belonging to the port of New York shall use his utmost endeavors to supply the health officer with such information as may aid him in protecting the public health. (As amended by chap. 268 of 1900. Renumbered from § 120.)

§ 116. Removal of vessels, persons and things from the city of New York.

The health officer may, whenever in his judgment the public health requires it, order any vessel at the wharves of the city to the quarantine grounds, and may require all the persons, articles or things introduced into the city from such vessel to be seized, returned on board thereof. If the master, owner or consignee of such vessel can not be found, or shall neglect or refuse to obey any such order of removal, the health officer may employ such assistance as may be necessary to effect such removal at the expense of such master, owner or consignee. He shall have the aid of the health and police departments of the city of New York in securing the return of the persons and things above referred to. Such vessel or person shall not return to the city without the written permission of the health officer. Any person employed to remove any such vessel, articles or things pursuant to this section, shall have a lien on such vessel, its tackle, apparel and furniture for his services and expenses in effecting such removal, which may be enforced in the manner prescribed in the lien law for the enforcement of a lien upon vessels. (As amended by chap. 268 of 1900. Renumbered from § 121.)

§ 117. Payment of expenses of quarantine.

The expenses incurred and services rendered by the health officer or any of his subordinates or employes in the discharge of any duty imposed by law in relation to vessels, merchandise, baggage, dunnage, persons, or burials of persons under quarantine shall be paid for to the health officer by the master of the vessels for which the expenses shall have been incurred, or the services rendered, or in which such merchandise, baggage, dunnage and persons shall have arrived. Persons conveyed to and from quarantine establishment in the quarantine steamboat shall pay the health officer for such transportation, unless conveyed for the master of a vessel, in which case the master shall pay for the same. (As amended by chap. 268 of 1900. Renumbered from § 122.)

§ 118. Lien for services and expenses.

All such expenses, services and charges shall be a lien on the vessels, merchandise or other property in relation to which they shall have been made, incurred or rendered, and if such master, owner or consignee shall omit to pay the same within three days after the presentation of such account, the commissioners may proceed to enforce such lien in the manner provided in the lien law for the enforcement of liens upon vessels; or they may have or maintain an action against such master, owner or consignee to recover the amount of such expenses, services and charges, and such master, owner or consignee shall be deemed indebted to the commissioners in such amount and may recover from any passenger liable to pay the same amount of any expenses incurred on account of such passenger. The health officer shall have the same remedies as the commissioners to enforce any lien or to recover for any expenses, services or charges which are by law made payable to him if they remain unpaid for three days after payment shall have been demanded by him. The vessel, cargo or other property upon which any lien exists by virtue of any provision of this article, shall be held in quarantine until the amount due for the expenses, services or charges constituting such lien is paid, unless such master, owner or consignee, shall execute to the quarantine commissioners a bond with sufficient sureties to be approved by them, conditioned for the payment thereof within ten days thereafter. (As amended by chap. 268 of 1900. Renumbered from § 123.)

§ 119. When master of vessel must provide for passenger.

All passengers on board any vessel under quarantine shall be provided for by the master of the vessel on which they arrive. If the master neglects or refuses to provide for them, or if they have been transferred to some other point within the jurisdiction of the health officer, they shall be maintained by the quarantine commissioners at the expense of the vessel, her owners or consignees, and the health officer may, in his discretion, refuse to permit the vessel to leave quarantine until such expenses have been paid or secured. The commissioners may maintain an action against such owners or consignees to recover for such expenses, which shall be a lien upon the vessel, to be enforced as other liens thereon by the commissioners. (As amended by chap. 268 of 1900. Renumbered from § 124.)

§ 120. Policemen.

The health officer may appoint policemen, whose services shall be paid for by him, and may dismiss them at pleasure and appoint others in their places. Such policemen shall perform patrol or police duty under the direction of the health officer, in connection with the quarantine establishment, and upon the waters of the bay of New York. They shall have all the powers possessed by policemen in the city of New York, and any person arrested by any such policeman for violating any law or regulation relating to quarantine in such port, may be taken by him before any court of criminal jurisdiction or any magistrate or police justice in said city, and thereupon such court, magistrate or police justice shall have jurisdiction to hear, try and punish the person arrested for the offense committed by him in the same manner and with the same effect, as if the offense had been committed within the territory over which such court, magistrate or police justice has jurisdiction to hear, try and punish for offenses committed within such territory. (As amended by chap. 268 of 1900. Renumbered from § 126.)

§ 121. Confinement of offenders.

The health officer upon the application of the master of any vessel under quarantine may confine in a any suitable place on shore, any person on board of the vessel charged with the commission of any offense punishable by the laws of this state or of the United States, and who can not be secured on board of such vessel. Such confinement may continue during the quarantine of such person, or until he shall be proceeded against in due course of law. The expenses of such confinement shall be charged and collected in the same manner as the expenses of providing for passengers, which the master of the vessel is required to pay. (As amended by chap. 268 of 1900. Renumbered from § 127.)

§ 122. Jurisdiction over offenses and in actions.

Exclusive jurisdiction of th offenses specified in this article is hereby given to the court of general sessions of the county of New York and the court of special sessions of the city of New York, but the punishment in the last-named court for offenses shall not exceed ten days' imprisonment, and it shall be the duty of the district attorney of the county of New York, and the county of Kings and the county of Richmond, respectively, to prosecute all persons guilty of such offenses in preference to any indictment then in their courts, and for such courts to hear and try the offenses against the provisions of this chapter in preference to all other cases pending before it; and whenever any person shall be convicted on a trial for such offense, the court shall forthwith proceed to pronounce judgment upon him according to the terms prescribed in this chapter. For the purpose of determining all questions of jurisdiction in any civil or criminal action growing out of any act or thing done upon or connected with the West Bank hospital, such hospital shall be deemed to be within the county of New York. If any action has been or shall hereafter be commenced or any criminal prosecution instituted against the health officer, or any of his deputies or employes, or against the quarantine commissioners, or any of them, or against any person engaged in performing any duty or rendering any service in any matter or thing connected with the quarantine establishment, or any part thereof, before any court or officer within the county of Richmond, or when such county shall be the place of trial named in the complaint in any such action, the defendant therein may apply to any justice of the supreme court for an order directing that such action shall be tried either in the county of New York or in the county of Kings, and such justice shall thereupon make an order removing such action from the county of Richmond to the county of New York or the county of Kings. If the action is pending in the supreme court, the order shall designate in which of the other counties herein named the trial shall be had; if the action is pending in the county court, such order shall remove the action into the supreme court, and designate one of such other counties as the county wherein it shall be tried. If the action shall have been commenced in the municipal court for the borough of Richmond, the order shall designate the court before which the action shall betried in the county to which it is removed as herein required; andif it is a criminal action, the order shall direct to which officer or court the complaint or indictment shall be sent for trial, and shall provide for giving bail in such form and amount as such justice shall deem proper. The court or officer to which any action shall be transferred, pursuant to this section, shall proceed to the trial thereof in the same manner and with the same manner and with the same effect as if the action had been commenced before such court of officer and the cause of action had arisenin the county in which the action shall have been removed. An action may be brought by and in the name of the quarantine commissioners to recover any penalty, forfeiture, sum of money or other cause of action incurred or requried to be paid or authorized to be brought pursuant to any provision of this article or the preceding article. (As amended by chap. 268 of 1900. Renumbered from § 128.)

§ 123. Special port warden.

There shall continue to be a special port warden in and for the port of New York, appointed by the governor, by and with the advice and consent of the senate, whose term of office shall be two years. He shall act as warden in regard to vessels under or subject to quarantine, but not in regard to vessels while stopping at quarantine for the purpose of visitation only by the health officer, but not detained. He shall have all the powers of a port warden of the port of New York with reference to vessels or merchandise under or subject to quarantine, but he shall be subject to such regulations as the health officer may impose, for the protection of the public health. He shall receive for each survey or examination made by him the sum of five dollars, and shall make returns to the warden's office in the city of New York of each survey made by him, within twenty-four hours after it shall be made. He may appoint a deputy, who, during his absence or inability to serve, may perform all his duties and exercise all his powers. No other port warden shall be appointed under quarantine. (As amended by chap. 268 of 1900. Renumbered from § 129.)

§ 124. Fees and compensation of health officer.

The health officer shall receive fees for his services at not exceeding the following rates, name: For inspection of every vessel from a domestic port, south of Cape Henlopen, between May first and November first in each year, steamers three dollars: other vessels, one dollar. For medical inspection of every one hundred or fraction of one hundred steerage passengers upon transatlantic steamers two dollars. For each special permit issued for the discharge of cargo, portion of cargo or baggage brought as freight, twenty-five cents. For sanitary inspection of every vessel after the discharge of cargo or ballast, ten dollars. For fumigation and disinfection of every vessel from an infected port, or of such vessel as in the judgment of the health officer shall require fumigation and disinfection by reason of exposure to infection or contagion, fifty dollars, or such sum not more than fifty dollars or less than five dollars, as may in the judgment of the health officer be deemed reasonable. For boarding every vessel and giving a permit between sunset and sunrise, at the request of the owner, consignee or master of the vessel*, when such pratique can be given without danger to the public health, five dollars. For vaccination of persons on vessels, each twenty-five cents. But no charge shall be made for vaccination of any person who shall have been successfully vaccinated by the medical officer of the ship. He shall report annually to the board of quarantine commissioners all fees received by him. He shall pay all the salaries and wages of the deputy health officers and such bargemen, nurses and stewards and other employes as my be necessary for the performance of the duties imposed upon him by law for the carrying on of the quarantine establishment, except the salaries of the commissioners of quarantine, and shall pay the current expenses of running a steamboat for the transportation of persons to and from the establishment, for visitation and for burying the dead. The health officer shall be entitled to receive a total compensation of twelve thousand five hundred dollars per annum, and in case the aggregate amount of such fees remaining in the hands of the health officer at the end of each year, during which he shall continue in office, after payment by him of the salaries, wages and expenses which he is required by law to pay, shall be less than the sum of twelve thousand five hundred dollars, the balance shall be paid by the state treasurer on the warrant of the comptroller, out of any money appropriated therefor. In case the aggregate amount of fees exceeds the sum of twelve thousand five hundred dollars per annum, and the expenses to be paid out of the same specified in the this section, the surplus shall be used for the purchase of necessary books, scientific apparatus, and other necessary appliances, as the health officer may decide, or for the preservation and repair of the structures belonging to the quarantine establishment. The health officer shall keep an account of all moneys received or disbursed by him under this section. This section shall not affect the liability of masters or owners of vessels, passengers or other persons to pay for such services, labor or work as they are respectively required to pay or discharge by law. (As amended by chap. 465 of 1896, § I, and chap. 268 of 1900. Renumbered from § 130.)     * So in the original.

§ 125. Annual Report.

The health officer shall make a report to the quarantine commissioners annually on or before January first, containing a statement of the general condition of the quarantine establishment, the statistics of the establishment in detail, and such other information and suggestions in regard to it as he may deem advisable. A duplicate copy of said report shall at the same time be filed by said health officer with the comptroller. (As amended by chap. 268 of 1900. Renumbered from § 131.)



Source: General Laws of New York 'Containing all Amendments to the Close of the Session of 1900. Compiled and edited by Edwrd L. Heydecker, of the New York Bar. Vol. II of Four Volumes. {Albany, N.Y.: Matthew Bender, 1900], pages 2033-2045.

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