CH. XXV clause ful for the said court to remit or compound the penalty for such violation, on such terms as may in their judgment be just and equitable to all persons interested in the matter. 54. Nothing in this act, or the act hereby amended, shall Saving be taken or construed to prevent any passenger arriving at the port of New York, and not detained under the authority of the laws for the preservation of public health, from leaving the vessel in which he so arrives whenever and in any way he shall prefer, upon his personal request, or demand so to do, to the commander of such vessel. $5. All acts and parts of acts inconsistent with the pro- Repeal. visions of this act, are hereby repealed. CHAP. 426. AN ACT to amend "An act concerning passengers in vessels coming to the city of New York," passed May 5, 1847. PASSED April 13, 1855. The People of the State of New York, represented in Senate and Assembly, do enact as follows: other cities, $1. The persons hereafter becoming chargeable upon any Liability to city, town, or county within this state for the payment of towns and any expense of whose maintenance and support incurred counties. by any such city, town, or county, it is made the duty of the Commissioners of Emigration to provide by the act concerning passengers in vessels coming to the city of New York, passed May 5, 1847, or any act amendatory thereof, shall be deemed and taken to include all persons otherwise within the description and provisions of such act or acts, who are or shall become the inmates of any alms house, lunatic asylum, workhouse, hospital, nursery, house of refuge, asylum for juvenile delinquents, house of correction, penitentiary, jail, bridewell or prison under commitment, sentence or conviction by an officer or officers, court or magistrate, under any law of this state, as vagrants or disorderly persons. CHAP. 474. AN ACT for the protection of immigrants, second class, steerage, and deck passengers. PASSED April 13, 1855; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. It shall be the duty of all companies, associations, and Rates of persons, hereafter undertaking to transport or convey, or fare to be PART I made known. What passage tickets shall contain. No higher engaged in transporting or conveying, by railroad, steamboat, canal boat or propeller, any immigrant, second class, steerage, or deck passenger, from the city, bay, or harbor of New York, to any point or place, distant more than ten miles therefrom, or from the cities of Albany, Troy and Buffalo, the town or harbor of Dunkirk, or the suspension bridge, to any other place or places, to deliver to the mayors of the city of New York, Albany, Troy, and Buffalo, on or before the first day of April in each and every year, a written or printed statement of the price, or rates of fare, to be charged by such company, association or person, for the conveyance of such immigrant, second class, steerage and deck passengers respectively, and the price per hundred pounds for the carriage of the luggage, and the weight of luggage to be carried free of such passengers from and to each and every place, from and to which any such company, association, or person shall undertake to transport and convey such passengers; and such prices or rates shall not exceed the prices and rates charged by the company, association or person, after the time of delivering such statement to the said mayors; and such statement shall also contain a particular description of the mode and route by which such passengers are to be transported and conveyed, specifying whether it is to be by railroad, steamboat, canal boat or propeller, and what part of the route is by each, and also the class of passage, whether by immigrant trains, second class, steerage or deck passage. In case such companies, association, or person, shall desire thereafter to make any change or alteration in the rates or prices of such transportation and conveyance, they shall deliver to the said mayors respectively a similar statement of the prices and rates as altered and changed by them; but the rates and prices so changed and altered, shall not be charged or received until five days after the delivery of the statement thereof to the said mayors respectively. $2. Every ticket, receipt or certificate which shall be made or issued by any company, association or person, for the conveyance of any immigrant, second class, steerage or deck passengers, or as evidence of their having paid for a passage, or being entitled to be conveyed from either or any of the points or places in the first section of this act mentioned to any other place or places, shall contain or have endorsed thereon a printed statement of the names of the particular railroad or railroads, and of the line or lines of steamboats, canal boats and propellers, or of the particular boats or propellers, as the case may be, which are to be used in the transportation and conveyance of such passengers, and also the price or rate of fare charged or received for the transportation and conveyance of any such passenger or passengers with his or their luggage. 3. It shall not be lawful for any person or persons to rates of demand or receive, or bargain for the receipt of any greater CH. XXV. or higher price or rate of fare for the transportation and con- fare to be veyance of any such immigrant, second class, steerage or deck charged. passengers with their luggage, or either, from either or any of the points or places in the first section of this act mentioned, to any other point or place, than the prices or rates contained in the statements which shall be delivered to the mayors of the cities of New York, Albany, Troy and Buffalo, and said commissioners, respectively, as in the said first section provided for, or the price or rates which shall be established and fixed for the transportation and conveyance of such passengers and their luggage, or either, by the proprietors or agents of the line or lines, or means of conveyance, by which such passenger or passengers and their luggage are to be transported or conveyed. In all cases each immigrant over four years of age conveyed by railroad shall be furnished with a seat with permanent back to the same, and when conveyed by steamboat, propeller or canal boat, shall be allowed at least two and one-half feet square in the clear on deck. Such deck shall be covered and made water tight over head, and shall be properly protected at the outsides, either by curtains or partitions, and shall be properly ventilated. $4. Any company, association, person or persons, violating Penalty for or neglecting to comply with any of the provisions of the first or second sections of this act, shall be liable to a penalty of two hundred and fifty dollars for each and every offence, to be sued for and recovered in the name of the people of this state; and every person violating any of the provisions of the third section of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof, the person offending may be punished by a fine of two hundred and fifty dollars, or by imprisonment not exceeding one year, or by both fine and imprisonment, in the discretion of the court; one-half of which fines, when recovered, shall be paid to the informer, and the other half into the county treasury where the action shall be tried or the conviction had. violation, magistrate of offender. $5. It shall be the duty of every magistrate who shall Duty of issue a warrant for the apprehension of any person or per- on arrest sons for violating the provisions of the third section of this act, within twenty-four hours after such person or persons shall have been taken and brought before him, to take the testimony of any witness who may be offered to prove the offence charged, in the presence of the accused, who may, in person or by counsel, cross-examine such witness. The testimony so taken shall be signed by the witness, and be certified by the magistrate, and in case such magistrate shall commit the accused to answer the charge, he shall immediately thereafter file the testimony so taken, with the district attorney of the county in which the offence was committed, to be used on the trial of or any further proceedings against the accused; and the testimony so taken shall be deemed valid and competent for that purpose, and be read and used with the like IV. 43 PART I Place of landing to ted. effect as if such witness were orally examined on such trial or proceedings. After the testimony of any witness shall be so taken, he shall not be detained, nor be imprisoned, or compelled to give any recognizance for his future appearance as a witness on any trial or proceeding thereafter to be had in the premises. $6. The commissioners of emigration shall, from time to be designa- time, designate some one place in the city of New York as they shall deem proper for the landing of emigrant passengers, and it shall be lawful for such passengers to be landed at such place so designated by the commissioners of emigration. Site therefor may be procured. Licenses. Removing of passen gers, &c. $7. The commissioners of emigration shall have authority to purchase, lease, construct and occupy such wharves, piers, and other accommodations in the city of New York, as may be necessary for the accommodation of emigrant passengers for the purposes mentioned in the last preceding section. [For Section 8 see Laws of 1857, ch. 579.] S9. All acts or parts of acts inconsistent with the provisions of this act, are hereby repealed. CHAP. 579. AN ACT for the protection of emigrants and to amend chapter two hundred and nineteen of the laws of eighteen hundred and forty-eight, and chapter four hundred and seventy-four of the laws of eighteen hundred and fifty-five. PASSED April 16, 1857; 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 required to grant and issue licenses, and the same from time to time, in their discretion, to suspend, revoke or anuul, to the owner or captain of any steamboat, steamtug, propeller, or barge, used or engaged, or to be used or engaged, for the purpose, in whole or in part, of the removing, taking off or conveying or transporting to any dock or pier in the city of New York, emigrant passengers, or their baggage, arriving at and being in any part of the port of New York, within this state, from the ship or vessel in which such emigrant passengers or their luggage shall have arrived at such part of said port, provided always that such licenses shall not be suspended, revoked or annulled, except for cause after opportunity for the party complained of to be heard. $ 2. It shall not be lawful for any steamboat, steamtug, propeller, barge or other boat or vessel, or the owner or captain, or person having charge of the same, to go or be taken along side of any ship or vessel having such passengers on board, being within this state, with the intent, or for the purpose of removing, taking off, conveying or transporting, or to remove, take off, convey or transport any of such passengers or the baggage of any such passengers, from such ship or vessel, being in this state, to any dock in the city of New York or Brooklyn, unless the license mentioned in the first section of this act shall have been granted, and issued to the then owner or then captain of such steamboat, steamtug, propeller, barge, or other boat or vessel, and be then existing and not suspended, revoked or annulled. CH. XXV. $ 3. The owner and owners jointly and severally, and the Penalties. captain or person having charge of any steamboat, steamtug, propeller, barge or other boat or vessel, violating the provisions of the second section of this act, or any of them, shall be liable to a penalty of five hundred dollars, for each and every violation thereof; and in case any of such passengers, or the baggage of any of them, shall be taken off or removed from such ship or vessel, so being within this state, in or by any steamboat, steamtug, propeller, barge, boat or other vessel, without the license aforesaid, with the intent or for the purpose mentioned in said second section of this act, or in violation of any of its provisions, except in case of shipwreck or imminent danger thereof, the owner or owners, jointly and severally, and the captain or person having charge thereof, shall, in addition to the above penalty, be also liable to a further penalty of fifty dollars for each and every passenger, and for the baggage of each and every passenger so taken off, or conveyed from such ship or vessel; which penalties shall be deemed and be forthwith a lien on such steamboat, steamtug, propeller, barge, boat or other vessel, and may be, immediately upon such violation, sued for, enforced and recovered by and in the name of the commissioners of emigration, either an action in any court having jurisdiction thereof, or by an attachment under and pursuant to article first of title eighth of chapter eight, of first part of the Revised Statutes, for which purpose the said commissioners shall forthwith be deemed to be, and be creditors of such steamboat, steamtug, propeller, barge, boat or vessel, and have a direct lien thereon. $ 4. Section five of chapter two hundred and nineteen of the laws of eighteen hundred and forty-eight, is hereby amended so as to read as follows: runners. No person shall, in any city of this state, solicit emigrant Emigrant passengers or their luggage for emigrant boarding houses, passenger offices, forwarding transportation lines, or for steamers, ships or vessels bound or about to proceed to any port not within this state; or for any person or for any company selling, or offering for sale, passage tickets, or contracting or offering to contract for passage in any such steamer, ship or vessel without a license for that purpose, which shall expire at the end of one year from its date; such license may be |