Who to

give certiicate of selection to gover

nor, etc.

etc.

as near to each other as the safety of the public health and the convenient discharge of the duties of the health officer will permit. As soon as said sites or either of them shall be determined upon by said commissioners, the metropolitan board of health and the mayors of said cities, or a majority of them, they shall certify that fact, in writing, to the goverCertificate nor, lieutenant-governor and comptroller; and if the site or of approval of any sites so selected shall be approved by them or a majority of governor, them, they or such majority shall make and sign a certificate of the fact, specifying particularly therein the site or sites so selected, and file the same in the office of the secretary of Acquisition state; and thereupon the said commissioners shall become of title. and be deemed to be empowered to acquire title to the lands specified in said certificate, and fit up the same for quarantine purposes, as hereinafter specified. It shall not be lawful to suffer or permit any vessel infected with a pestilential, contagious or quarantinable disease, or any vessel containing any person or persons infected with any such disease to anchor in the waters of Gravesend Bay.

Where to be filed.

In what waters in

fected vessela not to

anchor.

Who to select site in

missioners,

agree.

S2. In case said commissioners, the metropolitan board of case com- health and the mayors of said cities, shall be unable to agree etc., do not upon the selection of either or both of the sites mentinoued in the preceding section, within thirty days after the passage of this act, or in case either of the sites selected by them shall not be approved, as herein before authorized, then the governor, lieutenant-governor and comptroller, in conjunction with the commissioners of quarantine and the health officer of the port of New York, shall constitute a board of officers to make such selection, and the decision of a majority of the members of said board in reference thereto shall be final. A certificate of such determination shall be made and signed by a majority Certificate of said board, in which the site or sites so selected shall be where to be particularly described, and the same shall be filed in the office of the secretary of state, and when so filed shall have the same effect as the certificate of approval specified in the preceding section.

of selection,

filled.

Mode of proving

governor

does not approve

price.

$ 3. As soon as a site or sites shall have been selected and title in case determined upon, in the manner hereinbefore provided, if they shall be unable to acquire title thereto in behalf of the people of the state, by purchase, at a price which shall be approved by the governor, they may acquire title thereto, in behalf of the said people, in the same manner and by the same proceedings as are prescribed for acquiring title to lands by railroad corporations in and by the provisions of chapter one hundred and forty of the laws of one thousand eight huudred and fifty, and the acts amendatory thereof, which provisions, so far as they relate to acquiring title to real estate, are hereby extended and made applicable to the acquiring title to the sites aforesaid, except that in the petition to the supreme court for that purpose, it shall only be necessary to

tition to

scribe.

describe the lands required, and state that they have been What pedesignated and selected as authorized by this act, giving the court to dename of the person, party, corporation or body politic claiming or having an interest therein, and that said commissioners have been unable to acquire title thereto, and the reason of such inability. The petition shall be verified by the presi- Verification dent of the board of commissioners of quarantine, and may be presented to the supreme court at any general or special term appointed to be held either in the first or second judicial districts.

of petition.

how to be

§ 4. The sum required to pay for any lands purchased as Payment. herein before authorized, or to pay the amount which shall be made. awarded and directed to be paid for any lands the title to which shall be acquired by the proceedings specified in the last preceding section of this act, shall be paid out of the proceeds of the sale of the marine hospital grounds as hereinafter directed, and upon payment of the same, the title to said lands shall become vested in the people of the state, and they shall be held and used as a part of the permanent quarantine establishment, and the said commissioners shall, as soon as title thereto shall be so acquired, immediately proceed to erect thereon suitable buildings and structures, with all the necessary appurtenances, and fit up the same for the purposes for which said lands were acquired; and no person shall be sent to such place of detention who is sick with any contagious or infectious disease, and in case any person sent there shall be taken sick with any such disease he shall be forthwith removed to the quarantine hospital.

tion with

vessels, etc.

in lieu of.

$5. The commissioners of quarantine are hereby authorized Commutaand empowered to commute with the owner, consignee or owners of master of any ship or vessel, for the charges and expenses which may be made or incurred in the care, treatment, maintenance, cleansing, of baggage, or burial of any person under quarantine, who shall arrive in the port of New York, upon such ship or vessel, by receiving from such owner, consignee or master, such a sum for each person arriving in such ship or vessel, as the said commissioners shall deem to be just and What to be proper. The amount so paid shall be in lieu of all charges and expenses now authorized by law to be collected from such owner, consignee or master, for the care, treatment, maintenance or burial of any person under quarantine, arriving in such ship or vessel, and all persons under quarantine for whom commutation moneys shall be so paid, shall be taken care of and maintained at the expense of the funds provided for defraying the expenses of the quarantine so received by the commissioners, shall be deemed a part of the funds provided for that purpose.

certain

56. The board of commissioners created by the act entitled Sale of "An act in relation to quarantine in the port of New York, grounds to and providing for the construction of the permanent quaran-States.

the United

Price.

release of

must be

had.

tine establishment," passed April twenty-first, eighteen hundred and sixty-six, is hereby authorized and empowered to sell to the United States, so much of the marine hospital grounds specified in said act, as lies on the north side of the five acres heretofore conveyed to them by the state, at such a sum, not less than six thousand dollars, as said board may deem reasonable; and also so much of said grounds as the United States may desire to purchase, as is embraced in block number seven, laid down on the map of said grounds, made and filed pursuant to said act, at a sum not less than the Before sale, value at which said lands have been appraised under the prolands from visions of said act; provided, before such sale, the said board certain lien shall be able to procure a release of the lands so to be sold from the lien of the mortgage now existing thereon, by the payment of a sum not exceeding fifty per cent of the purchas Certificate money to be paid upon such sale. In case said board shall commis- make a sale of any of said lands pursuant to the provisions sioners of of this section, they shall certify that fact to the commissioners of the land office, and thereupon letters patent of the state for so much of said lands as shall be sold, shall be issued, and on the payment to said board of the purchase price agreed upon, the said letters patent shall be delivered to the United States, and they shall have the effect to vest in them the fee of the lands therein described, together with all the right and title of the state in and to the lands under water in front thereof, five hundred feet beyond low water mark.

of sale to

land office.

Commis

sioners may

in sixty

days, a residue

Ante, vol. 6, p. 818.

$7. The said board of commissioners, mentioned in the make with last preceding section, are also hereby authorized and empowered, at any time within sixty days after the passage of disposal of this act, or within such further time as shall be designated by marine hos- the governor, to sell and dispose of the whole of the residue grounds at of the said marine hospital grounds, not sold to the United what price. States, as herein before authorized, including the portion

pital

must be

thereof set apart and reserved for a landing and boarding station, by the seventh and twelfth sections of the act hereinbefore mentioned, at private sale, at and for such sum as they may be able to obtain, provided the sum shall not be less than four hundred thousand dollars, including the amount which shall be received for the portion of said grounds conWhen sale veyed to the United States. In case the said board shall be unable to effect a sale of the same upon the terms aforesaid, within the time above specified, it shall be their duty immediately to proceed to sell the same in one parcel, at public auction, to the highest bidder, but at a sum not less than that which shall be fixed by the governor, lieutenant-governor and comptroller, or a majority of them, and which sum shall not be less than the appraised value of the whole of said grounds as specified in the appraisement made and filed pur

made at auction; minimum price.

tion of use

suant to the act aforesaid.. In either case, such sale shall be Reservamade subject to a reservation of the use, for a period of not for three exceeding three years from the date of the passage of this years. act, of so much of said grounds as are excepted from sale by the seventh section of said act, as the commissioners of quarantine may deem necessary to keep and reserve, during that period, for a landing and boarding station, and such other purposes as are specified in the twelfth section of said act. Such sale at public auction shall be at the place and Terms of upon the notice specified in said act in reference to the sale sale. therein directed, and the terms of sale shall require the purchaser to pay to said board the sum of ten per cent of the amount of the purchase-money at the time of the sale, and the residue on the delivery of letters patent, for said lands within thirty days thereafter.

of sale by

commis

tent to

8. In case said lands shall be sold at public auction, the Certificate said board of commissioners, immediately upon such sale, auction to shall certify that fact to the commissioners of the land office, sioners of giving the name of the purchaser or purchasers, and the land office. amount of the bid, and thereupon letters patent of the state When pashall issue to such purchaser or purchasers, and upon payment issue. of the residue of the purchase-money to said board of commissioners, within thirty days after such sale, or within such further time, not exceeding three months, as shall be granted by said board, the said letters patent shall be delivered to such purchaser or purchasers, and upon such delivery they shall have the effect to vest in him or them the fee of the lands therein described, free and clear of all incumbrances, together with all the lands under water in front thereof, five hundred feet beyond low water mark. In case the purchaser or pur- In what chasers shall fail to pay the residue of said purchase-money chasers to within the time herein before specified, he or they shall forfeit forfeit ten the ten per cent so paid, and the said board shall thereupon and land to again advertise, and offer said land for sale at public auction, again. in like manner as if the same had not before been offered for sale; and at all meetings of said board, or of the commissioners of quarantine, in the discharge of their duties, a majority shall be sufficient for the transaction of business, all the members having been duly notified to attend.

case

per cent.

be sold

remains.

59. Before making such sale, said board shall cause the Removal of remains of all persons buried upon said grounds, as far as practicable, to be removed and reinterred in the quarantine burying-ground, or some other suitable place, and the expense thereof shall be paid out of the moneys arising from such

sale.

sale.

$10. The proceeds arising from the sale of said lands, Proceeds of shall be disposed of and applied by said board, as follows: 1. They shall therefrom pay the cost of appraising and advertising said lands and the expenses of said sale.

Applica

tion.

be paid to

ury.

2. They shall next apply so much thereof as may be necessary to pay off and discharge the mortgage now existing upon said lands; but the commissioners of emigration shall be, and they are hereby required and directed to furnish and provide, out of the funds in their hands, towards the payment of said mortgage, the sum of fifty thousand dollars, that sum being deemed the fair proportion thereof, which should be paid by them as a condition of having the lands held by them on Ward's island and covered by said mortgage, released from the lien thereof.

3. They shall next pay therefrom any sum required to be paid under and pursuant to the provisions of the fourth section of this act.

4. They shall next pay therefrom the expenses incurred in removing and reinterring the remains of deceased persons, pursuant to the provisions of this act.

Residue to 5. The residue of said moneys shall immediately be paid state treas- by them into the state treasury, to reimburse to the treasury such sum as shall be paid therefrom pursuant to the provisions of the act herein before mentioned; and such residue is hereby appropriated to that purpose; and at the time of the pay ment thereof, they shall furnish to the comptroller an account verified by the treasurer of said board, showing the whole amount of moneys realized from such sales, and the payments made by them therefrom.

Special port-warden.

Term of office.

Duties.

Fees.

Deputy.

S 11. Immediately after the passage of this act, and every two years thereafter, the governor shall nominate, and by and with the advice and consent of the senate, shall appoint a special port-warden in and for the port of New York, whose duty it shall be to act as warden in regard to vessels under or subject to quarantine, but his duties shall not extend to vessels stopping at quarantine for the purpose of visitation only by the health officer, but which shall not be detained. The person so appointed shall hold his office for two years and until his successor is appointed and qualified; and in reference to vessels or merchandise under or subject to quarantine, he shall possess all the powers of a port-warden in the port of New York, but he shall discharge his duties under and subject to such regulations as the health officer shall see fit to impose for the protection of the public health; he shall be entitled to 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 the same shall be made; and he may appoint a deputy, who, during his absence or inability to serve, may perform all his duties and exercise all his powers; and so much of any existing law as authorizes the appointment of port-wardens to act under quarantine, other than the one herein before specified, is hereby repealed.