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move said commissioner of emigrants, and fill the vacancy by an appointment pro tempore, during the recess of the Senate, until the next session of the Senate.
SEC. 16. This act shall take effect from and after its passage.
Importing foreign convicts. SEC. 115. No person convicted of any crime in a foreign country, and sentenced therefor to be transported abroad, shall be imported into this State; and every person who shall import or bring into this State any such convicts, or aid or assist therein, knowing such person, so imported, to be a convict, and sentenced as aforesaid, shall be punished by a fine of three hundred and thirty-four dollars, for every such convict so imported. [Revised Statutes—1849, chap. 8, p. 245.]
Infected or crowded vessels not to enter port without permit-Vessels not to bring in more than one passenger for each two tons-Penalties; how recovered and applied-Suits for, must be brought within six months.
No master, or person having charge of any vessel bound to any port in this State, having on board more than forty persons, or any one sick with any infectious disease, or coming from any sickly port, shall bring his vessel, or permit it to be brought, nearer to any place of landing than one mile; nor shall he land, or permit to be landed, at any place in this State, any person, or any goods, until he shall have obtained a permit in writing from the health officer nearest the place of landing, under the penalty of one thousand dollars. ¡Sec. 2.]
No master, or person having charge of any vessel bound to any port in this State, shall bring any more passengers than shall be well supplied with wholesome meat, drink, and other necessaries for the voyage; nor shall bring more passengers than one for every two tons, custom-house measurement, of said vessel, (estimating two children, between five and twelve years old, as one full passenger,) under penalty of six hundred dollars for such offence; and the health officer, on visiting any
vessel, shall enquire into this matter, and forth with cause suit to be brought for any violation of this section. [Sec. 6.]
If the master, person in charge, or owner of any vessel, shall land, or suffer to be landed in this State, any emigrant from a foreign country, without such license, he shall forfeit and pay to the State five hundred dollars. The vessel shall be liable to this forfeiture; and the same proceedings may be had to recover the same as are provided in chapter 46. [Sec. 9.7
All forfeitures and penalties incurred under this chapter shall be sued for and recovered in the name of the State, which suit shall be brought by the attorney general, at the request of any health officer; and one-fourth of the amount recovered shall belong to such health officer, and the balance to the trustees of the poor of the county where suit is brought. [Sec. 12.]
All suits for such penalties or forfeitures shall be commenced within six months next after forfeiture or penalty incurred, and not after. [Sec. 13.]
Any trustee of the poor, member of the levy court, or justice of the peace, may grant a license for the landing of emigrants from foreign countries, on payment to the treasurer of the poor of one dollar for each person included in such license. Such license shall exonerate the master and owner of any vessel from liability to the trustees of the poor on account of landing such persons: but it shall not conflict with the provisions of chapter 46, concerning the public health. [Revised Statutes, title VI and VII., chap. 46 and 48, p. 124, 125, 126, 135.]
AN ACT to prevent felons, transports from other States, coming into or residing
in this. (Approved Feb. 10, 1787. Vol. 1, 234.] In order to prevent the dangerous evils arising from the communication with felons, transported from other States or nations, whereby the morals of many who would otherwise be good citizens may be corrupted, that from and immediately after the passing of this act, no person or persons, felons from other countries or States, transported or banished from the same for any crime or charge whatever, shall be eligible to any post, office of trust or profit, or be otherwise entitled to any of the privileges, immunities, or liberties of a freeman or freemen of this State; and on proof of the same by one legal evidence, or by the authentic certificate, under seal of any State, nation, corporation, or court, from whence he, she, or they may be banished or transported, such felon or felons shall be, by warrant and mittimus, under the hand of the chief justice of the State, or one of the justices of the court where such proof shall be established, committed to the common jail of the county, without bail or mainprize, there to remain until a convenient opportunity may be procured, by the honorable the executive, to ship or otherwise send off such felon or felons, from and without the limits of this State, never thereafter to return. And in case such felon or felons should, after such shipping or sending off, return within the limits of the same, he, she, or they shall, on conviction, suffer death without benefit of clergy: Provided nevertheless, on such first proof of transportation, such offender or offenders charged as felons as aforesaid shall not be debarred the right of trial by jury, and shall be allowed every right of evidence to counteract such proof. [Cobb's Digest of 1851, vol. 1, p. 366, 367.]
AN ACT to prevent the introduction of passengers, who are aliens, into the port of Savannah during the months of July, August, September and October. [Approved Dec. 22, 1819. Vol. 3, 44.]
Whereas, It has been the practice of masters of vessels to bring numbers of passengers, natives of foreign countries, into the port of Savannah, during the sickly months, thereby exposing to almost certain death individuals whose constitutions are but illy adapted to the insalubrious climate of that city, and thereby subjects the community to an onerous expense:
Sec. 1. Be it enacted, &c., That any master or commander of any ship or vessel arriving between the first of July and the last day of October, inclusive, from a foreign country, or from any other part of the United States, who shall enter his vessel at the custom-house in the city of Savannah, shall, within twenty-four hours after such entry, make a report in writing, on oath, to the mayor of said city, of the age, name and occupation of every person who shall have been brought as passenger in such ship or vessel on her last voyage, upon pain of forfeiting, for every neglect or omission to make such report, the sum of seventy-five dollars for every alien neglected to be so reported aforesaid.
Sec. 2. It shall be lawful for the said mayor, or in his sickness or absence any person legally authorized to act in his place, to require every such master of such ship or vessel to be bound with two sufficient sureties to the mayor and aldermen
of the city of Savannah, in such sums as the mayor, or such person so legally authorized as aforesaid, may think proper, not exceeding three dollars for each passenger, to indemnify and save harmless the said mayor and aldermen, and the commissioners of the poor-house and hospital, and their successors, from all and every expense and charge which shall or may be incurred for the maintenance and support of any such person so introduced, and for the maintenance and support of the child or children of any such person which may be born after such importation, in case such person so imported, or any such child or children, shall at any time within six months after the said importation become chargeable to said city; and if such person so brought as aforesaid, and not being a citizen of the United States, shall be permitted or suffered to land within the said city from any such ship or vessel, before such bond shall have been given, and without a permission in writing from the said mayor, or person so legally authorized as aforesaid, the master or commander of such ship or vessel shall be subject to the penalty of three hundred dollars for every person so suffered or permitted to land as aforesaid.
SEC. 3. If any person who may have been a passenger in any such ship or vessel, and not being a citizen of the United States, shall be suffered to land from such ship or vessel at any place within the distance of fifty miles from the said city, with intent to proceed to the said city, otherwise than in the said ship or vessel, the master or commander thereof shall be liable to the like penalty of three hundred dollars for every such person so suffered or permitted to land.
SEC. 4. If any householder in said city shall knowingly entertain in his house or family any alien so landed as aforesaid, and shall not report such alien to the said mayor, or in case of his sickness or absence, any person legally authorized to officiate in his place, within the twenty-four hours after such entertainment commences, he or she shall forfeit and pay the sum of fifty dollars for every such alien so entertained.
Sec. 5. All and singular the said penalties and forfeitures arising in said city shall and may be sued for and be recovered with full costs of suit by action of debt, in the superior court of this State, in the name of the said mayor and aldermen, and when recovered by them shall be applied towards the support of the poor of the said city, and the defendant in every such suit shall be held to special bail; and upon every such trial for any penalty or forfeiture supposed to be incurred by the landing of any such persons as aforesaid within the said city, the same landing shall be presumed, unless the defendant shall prove that the said person was taken or sent to some foreign country without having been suffered to land as aforesaid.
Sec. 6. It shall be lawful for the said mayor and aldermen to compound for the said penalties and forfeitures, or any of them, either before or after suing for the same, upon such terms as the circumstances of the defendant or of the case may in their judgment require.
SEC. 7. Every ship or vessel from which such aliens shall have been so landed without permission in writing from the said mayor or person so legally authorized as aforesaid in his place, shall be liable for the said penalties, and may be proceeded against by attachment or any other mode in similar cases allowed by law, unless the owner thereof or their agents shall give bond with sufficient sureties to the sheriff or his deputy, in the name of the mayor and aldermen, for the payment of the said penalties and every of them which may have been incurred during or since the last voyage of the said ship or vessel, or for paying the value of such ship or vessel towards the satisfaction of such penalties as may have been so incurred by suffering any alien to land as aforesaid, and such value shall be ascertained by the wardens of the port of Savannah, or any two of them. [Cobb's Digest of 1851, vol. 1, p. 373, 374, 375.]
AN ACT relative to the Charity Hospital. [Approved March 21, 1850.] SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened, That within twenty-four hours after the arrival of any ship, steamboat, or other vessel, at its place of final destination in this State, from any place without the same, the commanding officer thereof, or any other officer of such vessel thereto required, shall make, under oath or affirmation, a written report to any resident hospital commissioner, which shall state the name of such vessel, its owners, officers, and consignees, the place where its voyage began, and the name, nation, or birthplace, race or color, age, occupation, place of first embarkation, and place and time of debarkation in this State, of every person or passenger, not of the crew proper, and not