PART L Agents to ed. deem proper, for the purpose of ascertaining the right, and the amount of the claim of any city, town or county, to indemnity under the provisions of this and the preceding section. The said Commissioners shall have power to provide for the support and maintenance of any persons for whom commutation money shall have been paid, or on whose account a bond shall have been given as herein before provided, and who shall become chargeable upon any city, town or county, in such manner as they shall deem proper; and after such provision shall have been made by such commissioners, such city, town or county shall not be entitled to claim any further indemnity for the support and maintenance of such person. $ 6. The said commissioners are authorized to employ such be employ- agents, clerks and servants as they shall deem necessary for the purposes aforesaid, and to pay a reasonable compensation for their services out of the moneys aforesaid. Chamberlain to report annually. Commis sioners to report to $7. The chamberlain of the city of New York shall, on the first Monday of January, in every year, and at such other times as he shall be thereunto required by the said commissioners, report to them the amount of money received by him since his last previous report, for commutation money as aforesaid, and the amount of such moneys remaining in his hands. $8. The said commissioners shall annually on or before the first day of February in each year, report to the legislature legislature. the amount of moneys received under the provisions of this act during the preceding year, and the manner in which the same has been appropriated particularly. Vacancies how to be supplied. Action may on bond. 9. In case of a vacancy in the said board of commissioners, the same shall be filled by an appointment to be made by the governor, by and with the advice and consent of the senate. The person so appointed shall hold his office for the remainder of the term of the person in whose place he shall be appointed. The said commissioners shall in all cases be residents of the city of New York or city of Brooklyn. $10. If any person for whom a bond shall have been given be brought as aforesaid, shall within five years from the date of such bond become chargeable upon any city, town or county of this state, or upon the moneys under the control of the said commissioners as aforesaid, the said commissioners may bring an action on such bond in the name of the people of this state, and shall be entitled to recover on such bond from time to time, so much money, not in the whole exceeding the penalty of such bond exclusive of costs, as shall be sufficient to defray the expenses incurred by any such city, town or county, or the said commissioners, for the maintenance and support of the person for whom such bond was given as aforesaid. Penalty for neglect or refusal to $ 11. If any master or commander as aforesaid shall neglect or refuse to pay over to the said chamberlain such sum of tation. money as is herein before required for commutation money pay commu CH. XXV. for each and every such person, within three days after the arrival of such vessel at the port of New York, or shall neglect or refuse to give any bond so required as aforesaid within the said three days, every such master or commander and the owner or owners of such ship or vessel, severally and respectively, shall be subject to a penalty of three hundred dollars for each and every person or passenger on whose account such commutation money or such bond may have been required, to be sued for in the manner hereinafter provided. $12. The penalties and forfeitures prescribed by this act How remay be sued for and recovered with costs of suit by and in the name of said commissioners of emigration, in any court having cognizance thereof, and when recovered, shall be applied to the purposes specified in this act. It shall be lawful for the said commissioners before or after suit brought, to compound for any of the said penalties or forfeitures, upon such terms as they shall think proper. [For Section 13 see Laws of 1850, ch. 339, § 1.] covered. lected for pitals to be commis. $ 14. The moneys now authorized by law to be collected Money colby the health commissioner from the passengers in vessels marine hos arriving at the port of New York for the use of the Marine paid to Hospital, except such as are paid under protest, shall be paid sioners. at such times as the said commissioners shall direct, to the chamberlain of the city of New York, and shall be drawn in the manner prescribed in the fourth section of this act, and the expenditures of the same for the purposes of the Marine Hospital, as now authorized by law, shall be made by the commissioners constituted by this act, or by the commissioners of health under their supervision and direction. And any surplus which shall remain beyond such expenditures and the appropriations made by existing laws shall be applied by the said commissioners to the general purposes of this act. Appropria S 15. Any appropriation made by existing laws from said tons by exmoneys shall hereafter be paid out of the same by the com- isting laws. missioners appointed by this act, and any moneys which have been or shall hereafter be paid under protest, shall, upon the settlement or judicial determination in favor of the state of the claims thereto, be paid to the chamberlain of the city of New York to the credit of the commissioners of emigration, and shall be applied by them according to the provisions of this act. may be $ 16. The said commissioners are authorized to erect such Buildings buildings and make such improvements upon the land be- erected, &c. longing to the state, known as the "Marine Hospital," as they shall deem necessary for the purposes of this act and of the said hospital, out of the moneys in the treasury of the state belonging to the "Mariners' Fund," which have not been paid under protest, or which have not been otherwise appropriated. S17. If the commutation money collected under the pro- Provision visions of the second section of this act, and the surplus of deficien the revenues of the "Mariners" Fund," applicable to the pur case of ales. PART I Repeal. Statement of mariners fund to be rendered to said com poses of this act, as provided by the fourteenth section thereof, shall, at any time, be found insufficient to defray the expenses incurred by the said commissioners, under the provisions of this act, and also to enable them to reimburse as hereinbefore provided, to the several cities, towns and counties of the state, such sums as shall have been expended by them for the maintenance and support of persons for whom commutation money shall have been paid, or bonds given as aforesaid, such deficiency shall be paid out of the surplus of the moneys in the treasury of the state, belonging to the "Mariners' Fund," which have not been paid under protest, remaining after the expenditures for buildings and improvements authorized by this act. Nothing in this section contained shall be applicable to the moneys paid to the credit of said "Mariners' Fund," by the trustees of the "Seaman's Fund and Retreat," in the city of New York. S18. The act passed February 11, 1824, entitled "An act concerning passengers in vessels coming to the port of New York;" and the act passed April 12, 1842, entitled "An act for the relief of the county of Kings from the support of foreign poor," are hereby repealed. CHAP. 483. AN ACT to amend an act entitled "An act concerning passengers in vessels coming to the city of New York," passed May 5, 1847. PASSED December 15, 1847; "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows: [For Section 1 see Laws of 1849, ch. 350, § 6.] $ 2. The comptroller of the state shall, within ten days after the passage of this act, render to the commissioners of emigration a full and particular statement of the condition missioners. of the Mariners' Fund, and the said commissioners shall have full power and authority to sue for and collect all claims in favor of said fund, and the moneys so collected shall be deposited with the Chamberlain of the city of New York, and shall be drawn from him in the manner provided by the fourteenth section of the act hereby amended. To make the neces tions for the [For Section 3 see Laws of 1851, ch. 523, § 2.] S4. The commissioners of emigration are authorized to sary regula make such regulations as they may deem necessary for the institution. government of any institution, in which they may support such persons as become chargeable to them, and for the employment of the inmates thereof. As amended by Laws of 1849, ch. 350, § 9. [For Section 5 see Laws of 1850, ch. 339, § 3.] CH. XXV. $16,166.18 commis $ 6. The second section of this act in relation to the collec- Provision tion of moneys by the commissioners of emigration shall not respecting apply to the sum of sixteen thousand one hundred and sixty- paid to six dollars and thirteen cents paid to the commissioners of sioners. health by the trustees of the Seamen's Fund and Retreat, and now in the hands of the commissioners of health, but the said sum shall be paid into the treasury by the commissioners of health, and when so paid ten thousand dollars thereof shall be applied as provided by the second section of the act, chapter 373, of the Laws of 1847, and the residue thereof in such manner as may be hereafter provided by law. clause. $ 7. Nothing in this act contained shall be deemed to affect Saving the present mode of appointment of the health officer, resident physician or commissioner of health in the city of New York; nor to prevent the health officer from selecting his own medical assistants. CHAP. 431. AN ACT concerning passengers arriving at the ports of entry and landings in this state. PASSED December 10, 1847. The People of the State of New York, represented in Senate and Assembly, do enact as follows: commander hours. $1. Within twenty-four hours after the arrival of any ship Master or or vessel at any port of entry or landing place in this state, to make resituated northerly of the city of Albany, and including those port in 24 upon the river St. Lawrence, Lake Ontario, the Niagara river and Lake Erie, from any of the United States, other than this state, or from any country out of the United States, the master or commander of any such ship or vessel shall make a report in writing, on oath or affirmation, to the president of the board of trustees of the village in which such port may be, or in case of his absence or other inability to serve, to either of the trustees of said village, or if such port be within the jurisdiction of an incorporated city, then such report shall be made to the mayor of such city, or in case of his absence to one of the aldermen thereof, or if such port or landing be without the jurisdiction of any incorporated city or village, then such report shall be made to one of the overseers of the poor of the town in which such port or landing may be, which report shall state the name, place of birth, last legal residence, age and occupation of every person or passenger emigrating to the said state, arriving in such ship or vessel on her last Voyage to said port, not being a citizen of the United States, emigrating to the United States, and who shall not have paid the commutation money mentioned in the next section of this act. In case any such master or commander shall omit or neglect to report as aforesaid, any such person or passenger, Penalty for neglect or false report. PART L Money to be paid to treasurer. Treasurer to give bond. Accounts audited. with the particulars aforesaid, or shall make any false report or statement in respect to any such person or passenger, in all or any of the particulars hereinbefore specified, such master or commander shall forfeit the sum of seventy-five dollars for every such person or passenger in regard to whom any such omission or neglect shall have occurred, or any such false report or statement shall be made, for which the owner or owners of every such ship or vessel shall also be liable jointly and severally, and which may be sued for and recovered as hereinafter provided. S2. It shall be the duty of the officer to whom such report shall be made, by an endorsement to be made on the said report, to require the master or commander of such ship or vessel to pay to the treasurer of the said village or city, or to the overseer of poor as the case may be, the sum of one dollar for every person or passenger reported by such master or commander as aforesaid, which sum shall be paid as aforesaid, within twenty-four hours after the arrival of such ship or vessel at the said port or landing. $3. The treasurer of each of such cities and villages shall within five days after his election to office, and before he shall perform any duties under this act, execute a bond, with two sureties, to the superintendents of the poor of the county in which such village or city is situated, to be approved by the president of the board of trustees of such village, or by the mayor of such city, conditioned for the faithful performance of his duties under this act, and shall on or before the first Tuesday of the months of February, May, August and November in every year, report to and pay over to the superintendents of the poor of the county in which such city or village is situated, the amount of money received by him since his last previous report, for commutation as aforesaid. S4. The superintendents of the poor of said counties how to be respectively, shall audit the accounts of the officers of such cities, or villages, or towns for services rendered by them under the provisions of this act, and pay the same out of the commutation money received by them aforesaid, and shall annually on or before the fifteenth day of February of each year, report to the legislature the amount of money received under the provisions of this act, during the preceding year, and the manner in which the same has been appropriated particularly. Certain per supported. $ 5. It shall be the duty of the said superintendents to prosons to be vide for the maintenance and support of such of the persons for whom commutation money shall have been paid as aforesaid, and shall appropriate the moneys aforesaid for that purpose, in such manner as to indemnify, as far as may be, the several cities, towns and counties of this state for any expense or charge which may be incurred for the maintenance and support of the persons aforesaid; such appropriation shall be in proportion to the expenses incurred by said cities, |