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hospital, out of the moneys in the treasury of the State belonging to the “mariner's fund,” which have not been paid under protest, or which have not been otherwise appropriated.

SEC. 17. If the commutation money collected under the provisions of the second section of this act, and the surplus of the revenues of the "mariner's fund," applicable to the purposes of this act, as provided by the fourteenth section thereof, shall, at any time, be found insufficient to defray the expense incurred by the said commissioners, under the provisions of this act, and also to enable them to reimburse, as herein before 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 “mariner's 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 “mariner's fund,” by the trustees of the "seamen’s fund and retreat," in the city of New York.

Sec. 18. The act passed February 11th, 1824, entitled “An act concerning passengers in vessels coming to the port of New York,”and the act passed April 12th, 1842, entitled “An act for the relief of the county of Kings, from the support of foreign poor,” are hereby repealed.

SEC. 19. This act shall take effect immediately.

AN ACT to amend an act entitled "An act concerning passengers in vessels coming to the city of New York,'' passed May 5th, 1847. [Passed December 15th, 1847. Chap 483.]

SEC. 1. The institution belonging to this State, now known as the marine hospital, and all the lands and buildings thereon, and all lands and buildings which may hereafter be purchased or erected and designated for such marine hospital, or lands and buildings used for quarantine purposes, are hereby vested in the commissioners of emigration, to be by them held in trust for the people of this State; and the sole and exclusive control of the same, except in regard to the sanitary treatment of the inmates thereof, is hereby given to the said commissioners of emigration, for the purpose of receiving therein all persons for whom bonds may be required, or for whom any bond or bonds may have been given, required or commuted for under the provisions of this act, or the acts hereby amended, suffering under

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or afflicted with any contagious or infectious disease, or other disease preventing their immediate removal to any more distant hospital, and who shall be sent to such hospital by the direction of the health officer, or under his authority. As amended by chap. 350 of 1849.)

SEC. 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 of the mariner's 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.

SEC. 3. The commissioners of emigration, or any one or more of them, shall have and exercise the same powers and authority in relation to poor children, actually chargeable upon or receiving support from said commissioners, as are now by law conferred upon the governors of the alms-house by section seven, of chapter three hundred and twenty-four, of laws of eighteen hundred and fifty. (As amended by chap. 523 of 1851.) .

SEC. 4. The commissioners of emigration are authorized to make such regulations as they may deem necessary for the gove ernment 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 chap. 350 of 1849.)

Sec. 5. [Whenever any alien emigrant, whose personal property shall not exceed the value of twenty-five dollars, shall die on the passage to the port of New York, or in the marine hospital, or in any other establishment under the charge of the commissioners, and] in all cases in which minor children of alien passengers shall become orphans by their parents, or last surviving parent dying, [as aforesaid,] the personal property which (alien emigrant, or such] parent or parents may have had with them shall be taken in charge by the commissioners of emigration, to be by them appropriated for the sole benefit [of the next of kin of such alien emigrant, or] of said, orphan children; and said commissioners shall give, in their annual report to the legislature, a minute description of all cases in which property shall come into their possession by virtue of this section, and the disposition made of the same, unless it shall appear that there are other persons entitled by

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will or otherwise to such property or distributive share thereof. Whenever it shall so appear, the portion only to which the [next of kin or] said minor orphans would be legally entitled shall be [transferred to them or] applied to their use, and the remainder shall be received, held, and distributed to the parties severally entitled thereto, in the same manner and with the same authority as by law provided in respect to (the public administrator of the city of New York, except that the said commissioners are hereby authorized to distribute the same after a notice for creditors to appear and put in their claims within one week from the publication of the said notice. The said notice shall be published once in one of the daily papers of the city of New York.) (As amended by chap. 523 of 1851.)

SEC. 6. The second section of this act in relation to the collection of money by the commissioners of emigration shall not apply to the sum of sixteen thousand one hundred and sixtysix dollars and thirteen cents paid to the commissioners of health by the trustees of the seaman'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.

SEC. 7. Nothing in this act contained shall be deemed to effect 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.

SEC. 8. This act shall take effect immediately.

AN ACT to amend certain acts concerning passengers coming to the city of New

York. [Passed April 11, 1849—-chap. 350.] [Section 1, 2 and 3 amend sections 1, 2 and 3 of chapter 195 of 1847, which sections are still further amended by chapter 523 of 1851.]

SEC. 4. If any person for whom a bond shall have been given as aforesaid, shall, within the time specified in 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 as much money, not in the whole exceeding the penalty of such bond ex

clusive 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, and shall be authorized to collect and apply such money from any of the real or other security mortgaged, pledged, or deposited therefor in conformity to this act.

SEC. 5. If any owner or assignee, as aforesaid, shall refuse or neglect to give any such bond or bonds as hereinbefore required, according to the second section of this act, for each person or passenger landing from his ship or vessel, within three days after the landing of such persons or passengers, or shall not within that time have paid the moneys authorized by said section to be received in cases where such bonds are herein authorized to be commuted for, or shall refuse or neglect to give the bonds required by the third section of this act, to be given in certain cases, on the requirement of the mayor of the city of New York, or other person discharging the duties of his office, made according to the provisions of said section, within six days after such requirement being so made; every such owner or consignee of such ship or vessel severally, and respectively, shall be subject to a penalty of five hundred dollars for each and every person or passenger on whose account such bond may have been required, or for whom such commutation money might have been paid under this act; such penalty to be sued for as provided for in the twelfth section of the said act hereby amended, in every case where any fine, penalty or forfeiture shall be incurred by the owner or owners, consignee or consignees, master or commander of any vessel, arriving at the port of New York, under any of the provisions of the act concerning passengers coming to the city of New York, passed 5th of May, 1847, and of this act, by reason of their neglect or refusal to give the bonds, or any of them, required by law, the consignee of such passengers, in relation to whom such neglect or refusal shall have occurred, shall be liable in the same penalties and may be sued and recovered against in the same manner as is by law provided in relation to the owner or owners, consignee or consignees of the vessel. (As amended by chap. 339 of 1850.) . Section 6 amends section 1 of chapter 483 of 1847. Section 7 amends section 3 of chapter 483 of 1847, which section is still further amended by chapter 523 of 1851.]

SEC. 8. The commissioners of emigration are authorized to employ and appoint [and dismiss at pleasure] a superintendent, [physicians, and such other officers, (nurses and orderlies] and such servants as they shall deem necessary for the management and care of the marine and other hospitals used for quarantine purposes, and to pay all needful expenses therefor out of the moneys under their control; but the moneys received under any of the provisions of this act, as commutation money, or upon, bonds given for or on account of any persons or passengers landing from vessels at the port of New York, or elsewhere, shall not be applied or appropriated to any other purpose or use than to defray the expenses incurred for the care, support or maintenance of such persons or passengers, (nor shall such passengers be entitled to any aid from the commissioners of emigration after they shall have left the State of New York, and been absent therefrom for more than one year.] Nothing in this act contained shall be deemed to affect the authority of the board of health, nor the mode of appointment of the health officer, resident physician, or commissioner of health of the city of New York, or to prevent the health officer from selecting his own medical assistants, [other than those of the marine hospital,] for any duties required by law to be discharged by him, or under his authority. (As amended by chap. 523 of 1851.)

Sec. 9. [Amends section 4 of chapter 483 of 1847.]

Sec. 10. Amends section 5 of the same chapter, which section is still further amended by chapter 339 of 1850, and by chapter 523 of 1851.7

Sec. 11. The board of health of the city of New York may appoint any physician in their employ, or in that of the commissioners of emigration, to act as the agent of the board of health in all matters concerning the protection of the city against the introduction of contagious or infectious diseases.

SEC. 12. It shall be the duty of the superintendent of the · marine or other hospital, used for quarantine purposes, to fur

nish to the board of health as often as may be required, a full and correct report of all persons in the said hospital affected with any contagious or infectious disease, and of all such patients as may die, or be discharged as cured; such report shall be countersigned by the agent of the board of health, and no persons who may be, or who have been received as patients affected with contagious or infectious diseases, or under treatment, as shall be discharged or removed from the marine or other hospital used for quarantine purposes without a permit in writing from the health officer.

Sec. 13. The commissioners of emigration shall receive into

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