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PART I.

Money to

be paid to

treasurer.

Treasurer to give

bond.

Accounts how to be audited.

Certain per

supported.

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.

$ 2. 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.

4. The superintendents of the poor of said counties 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.

$ 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,

towns and counties severally, for such maintenance and support.

CH. XXV.

in case of

$6. In case any such persons for whom commutation Provision money has been paid as aforesaid, shall at any time within becoming chargeable three years from the payment of such money, become within chargeable upon any city, town or county within this state, three years. it shall be the duty of the said superintendents to provide for the payment of any expenses incurred by any such city, town or county, for the maintenance and support of any such person out of the commutation to be paid as aforesaid, so far as the same will enable them to do so. The said superintendents shall prescribe such rules and regulations as they shall deem proper for the purpose of ascertaining the right and the amount of the claim of any city, town or county, to indemnity under this and the preceding section of this act.

Penalty for neglecting

to

pay by owner of

master or

vessel.

$7. If any master or commander as aforesaid shall neglect or refuse to pay over to the said treasurer, such sum of money as is herein before required for commutation money, for each and every such person, within twenty-four hours after the arrival of such vessel at such port or landing, every such commander, and the owner or owners of such ship or vessel severally and respectively, shall be subject to a penalty of seventy-five dollars for each and every person or passenger on whose account such commutation money may have been required, to be sued for in the manner hereinafter provided. $8. The penalties and forfeitures prescribed by this act, Penalties may be sued for and recovered with costs of suit, by either of the overseers of the poor of the city or town where such money ought to be paid, in the name of the superintendents of the poor of the said county, in any court having cognizance thereof; and when recovered, shall be applied to the purpose specified in this act.

may be sued

for and re

covered.

vessel to be

penalties.

$ 9. Any ship or vessel whose master or commander, owner The ship or or owners, shall have incurred any penalty or forfeiture under liable for the provisions of this act, shall be liable for such penalties or forfeitures, which shall be a lien upon such ship or vessel, and may be enforced and collected by warrant of attachment in the same manner as is provided in title eight of chapter eight, of the third part of the Revised Statutes, all the provisions of which title shall apply to the forfeitures and penalties imposed by this act; and the said superintendents shall, for the purposes of such attachment be deemed creditors of such ship or vessel, and of her master or commander, and owner or owners respectively.

PART I.

Docks or piers may be leased or

for the use of emi

grants.

land emi

grants.

CHAP. 219.

AN ACT for the protection of emigrants arriving in the
State of New York.

PASSED April 11, 1848; "three-fifths being present."

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

$1. The commissioners of emigration are hereby authorized and empowered to lease or purchase suitable docks or purchased piers in the city of New York, and to erect necessary enclo sures thereon, and such docks and piers to be appropriated and set apart for the exclusive use of landing emigrants, alien passengers; but no docks or piers shall be purchased or leased without the approval and consent of the common council of said city, and the expense thereof, not to exceed fifteen thousand dollars, shall be paid out of the moneys paid in pursuance of the provisions of an act entitled "An act concerning passengers in vessels coming to the city of New York, passed May 5, 1847, and be considered and charged as applied to the Licenses to general purposes of the said act;" on application being made to them by any steamboat or lighter proprietor who is a citizen of good moral character, and shall give good security in a sum not exceeding five hundred dollars to comply with the provisions of this act, the said commissioners are hereby authorized and directed to grant licenses to receive alien passengers and their baggage from vessels arriving at the port of New York, subject to quarantine, or from the passengers' docks at quarantine, to be landed at the emigrant piers or docks aforesaid; and the said commissioners shall have power to revoke the license of any person violating the provisions of this act. And every captain of a steamboat or lighter not properly licensed for such purpose pursuant to this section, who shall convey any emigrant passenger from any such vessels, shall be liable to a penalty of one hundred dollars for each and every offense, to be recovered by the said commissioners of emigration.

Passengers to be landed

on the emigrant piers.

$2. It shall be the duty of every ship-master, owner or consignee bringing to the port of New York any alien emigrants, steerage or second cabin passengers, in vessels not subject to quarantine, to cause the same with their baggage to be landed on the emigrant piers aforesaid, either directly from the vessel or by means of some steamboats or lighters licensed as aforesaid; and the landing of them upon any other pier or wharf, shall be punished by a fine not less than one hundred dollars, which fine may be recovered of the master, owner or consignee of such ship or vessel. The commissioners of emigration are hereby empowered to make all necessary regulations for the preservation of order, and the admission to or

exclusion from said dock of any person or persons excepting
such as are duly licensed, and any person violating any of
such regulations shall be liable to a penalty of one hundred
dollars for each and every offense, to be recovered by the said
commissioners of emigration.

[For Section 3 see Laws of 1849, ch. 432, § 1.]
[For Section 4 see Laws of 1849, ch. 321.]
[For Section 5 see Laws of 1857, ch. 579, § 4.]

CH. XXV.

may be apboard ves.

pointed to sels and

advise emigrants.

$6. The commissioners of emigration may, when in their Persons opinion it shall seem necessary, appoint a proper person or persons, to board vessels from foreign ports at the 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 examination by him, until after the said person or persons appointed by the commissioners of emigration, shall have had sufficient opportunity to perform their duty.

[For Section 7 see Laws of 1849, ch. 432, § 1.]

as to solici

$8. No person holding office under the government of the Restriction United States, or of this state, or of any of its cities, or who ting custom shall be in the employment of the commissioners of emigra-portation tion, shall solicit custom for any transportation line, or shall lines. be interested in any way, directly or indirectly, in the forwarding of emigrants, under a penalty of not less than one hundred dollars, and not exceeding three hundred dollars, to be sued for in the name of the people of this state, and which money when collected, shall be paid into the county treasury, for the use of the poor of said county.

and collect

$9. The penalties and forfeitures prescribed by this act, Penalties except as is herein before otherwise provided, shall be sued for sued for and collected in the name of the people of this state, and ed. applied in the same manner specified in the foregoing section, except so far as this act applies to the city of New York, where the same may be sued for and recovered with costs of suit, before any court having cognizance thereof, by and in the name of the commissioners of emigration; and when so recovered shall constitute a part of the fund and be disposed of in the same manner as commutation moneys now derived from emigrant passengers.

sioners to

nual report

$10. The commissioners of emigration shall annually make Commis and return to the legislature with their annual report, an affi- make an andavit, in and by which they shall respectively swear or affirm, with an affi each for himself, to the correctness of such report, and that davit. he hath not, directly or indirectly, been interested in the business of boarding emigrants, in the transportation of any emigrant passengers through any portion of the interior of this country, or had made or received directly or indirectly any gain, profit or advantage, by or through the purchase of supplies, the granting of any contract or contracts herein, or

PART I.

Provision

in case of of funds.

licenses, privilege or privileges, or the employment of any officer, servant or agent, mechanic, laborer or other person in the business, under the control of said commissioners.

$ 11. In case the moneys now appropriated by law for the deficiency support of the fever and small pox hospitals at quarantine shall be exhausted during the recess of the Legislature, the commissioners of emigration may use such portions of the commutation money, collected pursuant to act of May 5th, 1847, for the support of said hospitals, as the Governor, Attorney-General and Comptroller may certify to be necessary for such purpose.

Restriction

as to lien on effects of emigrant boarders.

Right of appeal.

CHAP. 321.

AN ACT to amend an act entitled "An act for the protection of emigrants arriving in the state of New York," passed April 11, 1848.

PASSED April 10, 1849.

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

1. The fourth section of the act entitled "An act for the protection of emigrants arriving in the state of New York,” is amended so as to read as follows:

S4. No keeper of any emigrant boarding house shall have any lien upon the baggage or effects of any emigrant for boarding, lodging, storage, or any other account whatever, for any greater sum than shall be due from such emigrant for boarding and lodging according to the rates or prices so posted as above provided; and upon complaint being made upon oath before the mayor or any police magistrate of the city in which such boarding house is located, that the luggage or effects of any emigrant are detained by the keeper of any emigrant boarding house, under pretence of any lien upon such luggage or effects, or on any claim or demand against the owner or owners thereof, for any other or greater sum than in accordance with such rates, it shall be the duty of the officer before whom such complaint is made, immediately to issue his warrant, directed to any constable or policeman of said city, commanding him or them to bring before him the party against whom such complaint has been made, and upon conviction thereof, the officer before whom such conviction shall be had, shall cause said goods to be forthwith restored to the owner thereof, and the party so convicted, shall be punished by a fine not less than fifty dollars, and not exceeding one hundred dollars, and shall be committed to the city prison until the said fine shall be paid, and until such luggage or effects shall be delivered to such emigrants. Any person so convicted shall have the right of appealing from the decision of such mayor or magistrate to the same tri

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