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PART L.

ty clerk's office.

ed in coun- order and an affidavit of the publication of such order to be filed and recorded in the county clerk's office of the county in which such applicant shall reside at the time of making such application.

$ 6. When the requirements of this act shall be complied with, the applicant shall from and after the day specified for that purpose in such order be known by the name which by such order he shall be authorized to assume, and by no other.

$7. If any suit or legal proceeding shall be commenced by his former name, against any person whose name shall have been changed pursuant to this act, such suit or proceeding shall not be abated, nor any relief or recovery sought thereby, be prevented by such misnomer, but the plaintiff or party instituting such suit or proceeding may amend in respect to the name of the person against whom it shall be commenced, at any time and without costs.

New name when to be assumed.

Saving clause.

See the following cases on this topic: 1 H., 102; 16 W., 611; 11 W., 522; 10 Pai., 170; 9 Cow., 140; 4 Cow., 148; 2 Cow., 463; 15 J. R., 226; 12 J. R., 77; 10 J. R., 133; 7 J. R., 549; 5 J. R., 84; 3 Cai., 219; 2 Cai., 164, 362.

CHAPTER XXIII.

Seamen.

CHAP. 234.

AN ACT to provide for sick and disabled Seamen.
PASSED April 22, 1831.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

paid.

Money col- § 1. From and after the passage of this act, the respective where to be sums of money now levied and collected by law upon masters, mates, mariners, and seamen, arriving at the city and port of New York, shall be collected and paid over to the trustees by this act constituted, to be denominated, "The Trustees of the Seamen's Fund, and Retreat in the city of New York."

As amended by Laws of 1854, ch. 172.

Seamen's retreat to

$2. As soon after the passage of this act as may be conbe erected. venient, there shall be constructed by and under the direction of the said trustees, within the counties of New York, Richmond or Kings, on some suitable and healthy spot, a convenient building or buildings as the state of the funds may admit; or the said trustees may hire such buildings as they may deem necessary and proper, to be called the "Seamen's Retreat," which shall be exclusively appropriated to and for the use of sick and disabled seamen.

[Residue of this section repealed by Laws of 1854, ch. 172.]

CH. XXIII.

$5. And the said trustees shall, without unnecessary delay, Hospital to appropriate the money so collected to the erection or other- be erected. wise providing a suitable hospital or other buildings as aforesaid, for the accommodation of sick and disabled seamen; and the said trustees shall, after deducting all necessary expenses of said retreat, annually invest any balance remaining in their hands in such manner as the said trustees may deem for the best interests of those from whom said money has been collected.

[Sections 3 and 4 and part of section 5 repealed by Laws of 1854, ch. 172.] Sections 6 and 7 repealed by Laws of 1854, ch. 172.]

[Section 8 temporary.]

S9. So much of section seven of title four of chapter four- Repeal. teen of the first part of the Revised Statutes, as authorizes the commissioners of health of the marine hospital to receive and collect hospital money from masters, mariners, or seamen, of all vessels arriving in the port of New York, is hereby repealed; but nothing contained in this act shall prevent said health commissioners from collecting from the master of every vessel such sums as may be due from such master for any steerage or cabin passenger as provided in the seventh section of title four above mentioned.

[Sections 10, 11, 12, repealed by Laws of 1854, ch. 172.] Section 13 temporary.]

CHAP. 373.

AN ACT to amend an act entitled "An act to provide for sick and disabled seamen," passed April 22, 1831.

PASSED November 16, 1847; "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. As soon after the passage of this act as may be Buildings convenient, there shall be provided by the trustees of the video"Seamen's fund and retreat in the city of New York," on the grounds now owned by said institution, a suitable building or buildings, which shall be exclusively appropriated to and for the use of the following persons, viz.:

The destitute, sick or infirm mothers, wives, sisters, daugh- For what ters or widows of seamen: but no person shall be received persons. into the retreat unless satisfactory proof be furnished to the trustees that the husband, brother, son or father of the applicant, as the case may be, hath previous to the time of making such application to be admitted, paid the tax imposed by law on seamen arriving at the port of New York, for the term of two years.

tion.

$2. The sum of ten thousand dollars is hereby appropriated Appropriaout of so much of the surplus of the moneys paid to the credit of the mariner's fund, as was excepted from the operation of

PART L

Additional attendants

may be ap pointed.

S3. The said trustees shall have power to appoint such additional attendants as may be required in the said retreat for females; and to fix the amount of salary or other compensation which shall be allowed to them; and to make such rules and regulations for the government of said retreat as they may from time to time deem necessary. Provided, that the board of managers of the mariner's family industrial society, of the port of New York may recommend to the said trustees suitable persons to be employed as matrons, nurses and assistants in the said retreat, and provided also, that the said society may recommend upon such conditions as shall be prescribed by the trustees aforesaid, persons to be relieved from said fund or received into the said retreat for females, subject to the approval of the said trustees.

S4. The said trustees shall annually on the first Monday of January, render to the comptroller of the state, an exact and minute specification of the purposes to which the money appropriated and directed to be disbursed by this act has been applied, and the items expended for each object; also, they shall state the number of persons relieved from said fund or received into the said retreat for females; the number discharged; the number then remaining in said retreat, and the number of those who applied for admission and were rejected.

Certain payments not to be made after the passage

S 5. After the passage of this act, the said trustees of the seamen's fund and retreat, and the said fund and retreat shall be discharged from the payment to the commissioners of of this act. health of the city of New York, or to the fund collected from

passengers, all sums of money heretofore loaned by the said commissioners of health out of the fund collected from passengers, to the said trustees of the seamen's fund and retreat, by virtue of the act entitled "An act to enable the trustees of the seamen's fund and retreat to borrow money from the passengers' fund," passed February thirteen, one thousand eight hundred and forty-six, and by virtue of the act entitled "An act to enable the trustees of the seamen's fund and retreat to borrow money from the passengers' fund," passed April 6, 1837.

Proviso.

the act entitled an act concerning passengers in vessels arriving at the city of New York, by the trustees of the seamen's fund and retreat, to defray the expenses which may be incurred by the trustees aforesaid, in carrying out the foregoing provisions of this act. And the said trustees are hereby authorized and directed to provide annually for the support and care of the persons mentioned in this act, out of any funds which shall accrue in their hands, levied and collected by law upon "masters, mates, mariners and seamen arriving at the city and port of New York, over and above what shall be required to meet the current charges for the support of the seamen's retreat."

Trustees to report annually to troller.

CH. XXIII.

S6. All laws and parts of laws now in force inconsistent Repeal. with the provisions of this act are hereby repealed.

CHAP. 52.

AN ACT to amend the act entitled "An act to provide for sick and disabled seamen," passed April 22, 1831, also to amend the several acts passed November 16, 1847, and April 11th, 1849, amendatory of the said act.

PASSED March 17, 1851; "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows:

trustees

$1. The mayor of the city of New York, the president Board of of the chamber of commerce of the city of New York, the constituted. president of the Marine society of the port of New York, together with the board of counsellors of the Mariners' Family Industrial society, of the city and county of New York, and their successors are hereby constituted a board of trustees for the purposes named in the acts entitled "An act to provide for sick and disabled seamen," passed April 22, 1831, and in the act entitled "An act to amend an act entitled an act to provide for sick and disabled seamen,' passed April 22, 1831, passed November 16, 1847, and in the act entitled "An act to amend an act entitled an act to amend the act entitled an act to provide for sick and disabled seamen," passed April 22, 1831, passed November 16, 1847, passed December 14, 1847, also in the act entitled "An act to amend an act entitled an act to provide for sick and disabled seamen," passed April 22, 1831, passed April 11, 1849.

"9

to be paid

S2. The trustees of the seamen's fund and retreat of the $16,166.31 city of New York, shall pay over to the trustees above named, over to on demand, the sum of sixteen thousand one hundred and said board. sixty-six dollars and thirty-one cents, paid to them by the comptroller of the state of New York, agreeably to the act passed December 14, 1847, entitled "An act to amend an act entitled an act to amend an act entitled an act to provide for sick and disabled seamen," passed April 22, 1831, passed November 16, 1847, and April 11, 1849, entitled "An act to amend an act entitled an act to provide for sick and disabled seamen," passed April 22, 1831, together with the interest thereon, which shall have accrued and which is unexpended.

$ 3. The board of trustees named in the first section of this act, shall from the funds so received from the trustees of the seamen's fund and retreat, apply so much thereof as may be necessary to the immediate erection of a suitable building and suitable furniture for the same, either on the grounds named in the act of November 16, 1847, entitled "An act to amend an act to provide for sick and disabled seamen," passed

said money expended.

how to be

PART I.

Repeal.

Trustees.

April 22, 1831, or any other suitable grounds as shall be deemed most expedient by the said board of trustees hereby created, for an asylum for the purposes named in said act last aforesaid, and the surplus, if any, shall be applied by the said trustees created by this act, for the relief of the persons whose relief is contemplated in the aforesaid act.

By-laws.

$ 4. All laws and parts of laws now in force, inconsistent with the provisions of this act, are hereby repealed

CHAP. 172.

AN ACT in relation to the moneys levied by law on masters, mates, mariners and seamen arriving at the city and port of New York, and the disposal of the same by the trustees of the Seamen's Fund and Retreat.

PASSED April 7, 1854.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. The trustees of the Seamen's Fund and Retreat, in the city of New York, shall consist of the following persons, who shall be residents of the city and county of New York or of the counties of Kings, Queens or Richmond, namely: The mayor of the said city, the health officer of the city and port of New York, the president of the Seamen's Savings Bank and the president of the Marine Society, in the said city, and their successors in office for the time being, and seven other persons to be appointed by the governor of this state, by and with the consent of the senate, for the term of three years, four of which seven shall be or shall have been ship masters, who shall be a corporate body for the purposes of this act; vacancies shall be supplied by appointment or by succession in office in the same manner as aforesaid.

Officers and

pensation.

$ 2. The said trustees shall choose one of their number to their com be president, and shall appoint a secretary to hold his office during the pleasure of the trustees; the trustees shall receive no compensation for their services; the secretary and collector shall receive compensation, to be fixed from time to time by the trustees. The secretary shall take the oath of office, and shall give bonds to the satisfaction of the trustees for the performance of the duties of his office. The trustees may, from time to time, make rules and regulations for their own government, for the control, management and government of the persons in employment under them, and of the persons who shall be received into the said retreat, and for the receivAccounts. ing and discharging of such persons. The secretary shall keep the accounts and books of account of the institution, shall examine the accounts which the collector shall render to him weekly, and shall receive the balances in his hands and

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