ARTICLE VII

Health officer of the port of New York †

Section 120. Appointment; salary.

121. Residence and general powers.

122. Appointment of assistants, nurses, boatmen

and others employed.

123. Examinations; warrants for offenders.

124. Boarding vessels.

125. Bills of health.

126. Effects of deceased persons.

127. Department of health of the city of New

York.

128. Power over master, owner or consignee of

vessel.

129. Quarantinable diseases.

130. Quarantinable vessels and period of quar

antine.

131. Detention for examination of vessels.

132. Sanitary measures; admission to pratique.

133. The yellow flag.

134. Vaccination.

135. Duty of pilots.

136. Removal of vessels, persons and things

from the city of New York.

137. Payment of expenses of quarantine.

138. Lien for services and expenses.

139. When master of vessel must provide for

passenger.

140. Policemen.

141. Confinement of offenders.

142. Jurisdiction over offenses and in actions.

143. Special port warden.

144. Fees and compensation of health officer;

payment of salaries and expenses.

145. Annual report.

† See p. 82

officer of

appoint

salary

§ 120. Appointment; salary. There shall continue to Health bę a health officer for the port of New York appointed port of by the governor, by and with the advice and consent New York; of the senate, whose term of office shall be four years, ment; and who shall be a doctor of medicine of good standing of at least ten years' experience in the practice of his profession and practically familiar with quarantinable diseases. He shall be paid by the state an annual salary of twelve thousand five hundred dollars. (Am'd by L. 1910, ch. 425, in effect Oct. 1, 1910.)

§ 121. Residence and general powers. The health Residence officer for the port of New York shall reside at quaran- general tine. He shall have the general supervision and control powers of the quarantine establishment, and the care and treatment of the sick thereat, and shall carry into effect the provisions of this and the preceding article. He shall, in the presence of immediate danger, of which he shall be the judge, take the responsibility of applying such additional measures as may be deemed indispensable for the protection of the public health. He may cause to be sold at public auction any personal property connected with the quarantine establishment or otherwise subject to his jurisdiction, which he deems useless. The proceeds of such sale after deducting the necessary expense thereof shall be paid by him into the state treasury. (Am'd by L. 1909, ch. 375 and L. 1912, ch. 109, in effect April 3, 1912.)

§ 122. Appointment of assistants, nurses, boatmen and Appointothers employed. The health officer may appoint and assistants, dismiss at pleasure deputy health officers, a resident boatmen physician and an engineer of the Swinburne island hospital, and a superintendent and engineer of Hoffman island, who may perform, subject to his direction, any duty required of the health officer, and for whose conduct he shall be responsible. He may appoint and dismiss at pleasure as many nurses, boatmen and other employees as may be necessary for the proper perform

Examinations; warrants for offenders

Boarding vessels

ance of the duties of his office. The compensation of all persons employed under this section shall be fixed by the health officer within the amounts appropriated therefor. (Am'd by L. 1909, ch. 375 and L. 1910, ch. 425, in effect Oct. 1, 1910.)

§ 123. Examinations; warrants for offenders. The health officer may administer oaths in all examinations to be conducted by him, or under his direction, prescribed by this article, and relative to any alleged violation of quarantine law or regulations. He may issue a warrant to any constable or other citizen for the pursuit and arrest of any person violating any quarantine law or regulation, or obstructing the health officer in the performance of his duty, and for the delivery of any person arrested to the health officer, to be detained in quarantine until discharged by him, not exceeding twenty days. Every constable or other citizen to whom any such warrant shall be delivered shall obey the direction thereof.

§ 124. Boarding vessels. The health officer shall board every quarantinable vessel as soon after her arrival as practicable, between sunrise and sunset; shall ascertain by the inspection of the bill of health, manifest, log book or otherwise, as to the health of all persons on board, and the condition of the vessel and cargo; shall examine on oath as many persons on board or elsewhere as he may deem expedient to enable him to determine the period of quarantine and the regulations to which the vessel and cargo shall be made subject. It shall be the duty of the health officers at the several ports of entry within the state of New York to require the masters of all merchant ships and vessels arriving at said ports from any foreign port, to present a bill of health, duly executed by the consul, vice-consul, or other consular officer of the United States, or by the medical officer attached to the United States consulate by appointment of the United States government, or the

representative of the United States government resident at said port of departure, which shall set forth the sanitary condition and history of said vessel; also the sanitary condition of the cargo and of the crew and passengers; also the sanitary condition of the food, water and ventilation of said vessel; the number of cases at such port of yellow fever, plague, cholera, small-pox, typhus fever, relapsing fever, scarlatina, measles, diphtheria and other infectious diseases, the total number of deaths from each of these diseases, and from all causes the week preceding the date of said bill of health, as far as can be ascertained by the said consul, vice-consul or other consular officer of the United States, or the medical officer attached to such consulate. Said bill of health shall contain, in addition to the above, a statement of any circumstances affecting the public health in relation to infectious diseases at the port of departure, or the community adjacent thereto. Vessels that touch at other ports on the passage shall bring a bill of health from each and every port, or shall have indorsed upon the original bill of health by the consul, vice-consul, consular officer or medical officer of the consulate, the facts and conditions of those ports as to the existence and prevalence of the infectious diseases mentioned in this section. All persons coming from or through any foreign port or place who may arrive at the port of New York, shall be liable to an examination by the health officer or his deputies, as regards their protection from small-pox. In case any. person so arriving shall refuse to submit to such examination, or upon such examination shall be found not sufficiently protected from small-pox, or refuses to be protected by vaccination, such person, and in case such person be a minor, then also the person having him or her under charge, shall be detained in quarantine until he or she shall have passed the incubative period from date of last possible exposure; and the expense of such

Bills of health

Effects of cased ns

detention shall be chargeable by the health officer upon the consignees or owners of the vessel having such person on board, and such expenses as may be incurred shall be a lien upon such vessel. The master of a vessel who shall refuse or neglect to comply with the provisions of this section shall be guilty of a misdemeanor, and be punished by a fine of not less than one hundred dollars nor more than five hundred dollars. (Am'd by L. 1909, ch. 375.)

§ 125. Bills of health. The health officer shall require the masters of all merchant ships and vessels at such port from any foreign port to present a bill of health, duly executed by the consul, vice-consul or other consular officer of the United States, or by the medical officer attached to the United States consulate, by appointment of the United States government, or the representative of the United States government, resident at such port of departure, setting forth the sanitary condition of the vessel, its cargo, crew, passengers, food, waters and ventilation and the sanitary history of the vessel, the number of cases at such port of yellow fever, plague, cholera, small-pox, typhus fever, relapsing fever, scarlatina, measles, diphtheria and other infectious diseases, the total number of deaths from each of these diseases, and from all causes the week preceding the date of the bill of health, as far as can be ascertained by the officer executing such bill of health, and a statement of any circumstances affecting the public health in relation to infectious diseases at such port of departure or the community adjacent thereto. Vessels touching other ports on the passage shall also bring a bill of health from each port, or shall have indorsed on the original bill of health by one of such United States officers thereat, the facts and conditions of the ports touched, as to the existence or prevalence there of any such infectious disease.

§ 126. Effects of deceased persons. The health officer shall secure the effects of deceased persons in quaran