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the permission of the health officer, shall be considered guilty of a misdemeanor, punishable by fine or imprisonment.

ders detained.

$77. Such offender shall also be detained at quarantine so long When offenas the board of health shall direct, not to exceed twenty days, unless he shall be taken sick of some pestilential or infectious disease.

fences.

$78. It shall be the duty of the health officer to give immediate Notice of of information to the board of health, of every such transgression, the circumstances attending it, and the condition of the vessel with which a communication shall have been had, that the board may determine how long the offender ought to be detained at quarantine.

$ 36.

$79. Every master of a vessel who shall not comply with the di- Violating rections of the thirty-sixth section of this Title, shall forfeit for each offence the sum of fifty dollars, and the further sum of three dollars

for

every hour he shall so offend.

63.

$80. Every person who shall violate the prohibitions of the sixty- Do. § 62 and second and sixty-third sections of this Title, shall for each offence forfeit the sum of five hundred dollars.

quarantine.

$81. Every person under quarantine, shall be subject to the same Eloping from penalty, who shall elope from or go beyond the bounds assigned to him for his quarantine; and it shall be the duty of every justice of the peace or other magistrate before whom any such offender shall be brought, to order him by warrant to be re-conveyed to the quarantine ground, there to remain for the residue of his term of quarantine.

$82. Every pilot who shall refuse or neglect to perform the du- Penalties on ties enjoined on him in any of the provisions contained in the second pilots. Article of this Title, shall be considered guilty of a misdemeanor, and shall be fined for each offence in a sum not exceeding two hundred dollars.

against pi

$83. Whenever the commissioners of health, or either of them, Proceeding shall charge in writing any pilot with any violation or neglect of du- lots." ty, the warden of the port shall supend such pilot from his office, until he shall have entered into a recognizance before some magistrate in the city of New-York, in the sum of two hundred dollars, and with sufficient sureties, to appear and answer to the offence charged, at the next court of general sessions for the city and county of NewYork.

Violations of

$84. Every person who shall violate the provisions of the fifth Article of this Title, by refusing or neglecting to obey or comply with Article 5. any order, prohibition or regulation made by the board of health in the exercise of the powers therein conferred, shall be considered guilty of a misdemeanor, punishable by fine or imprisonment, in the discretion of the court by which the offender shall be tried.

TITLE 3.

Power of the board of

health.

Its duties

TITLE III.

INTERNAL REGULATIONS FOR THE PRESERVATION OF THE PUBLIC
HEALTH IN THE CITY OF NEW-YORK.

ART. 1.-Of certain duties and powers of the board of health, the mayor and commis-
sioners of health.

ART. 2.-Of the duties of physicians and other persons..

ART. 3.-Prohibitions and penalties.

ARTICLE FIRST.

Of certain Duties and Powers of the Board of Health, the Mayor and Commissioners of Health.

SEC. 1. General powers of the board of health.

2. Its duty in the prevention of diseases.

3. Any thing injurious to public health may be removed or destroyed.

4. May send non-residents to marine hospital.

5. Commissioners must communicate to board of health all reports and information

$1. The board of health shall have power,

1. To appoint from time to time so many health wardens and other officers to carry into effect the provisions of this Title, and the rules and regulations of the board, as they may deem necessary:

2. To authorize such officers, at such times as the board shall think fit, to enter into and examine in the day time, all buildings, lots and places of every description, within the city, and to ascertain and report to the board the condition thereof, so far as the public health may be affected thereby :

3. To give all such directions and adopt all such measures, as in their judgment may be necessary, for cleansing and purifying all such buildings, lots and other places; and to do or cause to be done every thing in relation thereto, which in their opinion may be proper to preserve the health of the city :

4. To cause any avenue, street, alley or other passage whatever, to be fenced up, or otherwise enclosed, if they shall think the public. safety to require it, and to adopt suitable measures for preventing all persons from going to any part of the city so enclosed.

$ 2. It shall be the duty of the board of health,

1. To adopt prompt measures to prevent the spreading of a contagious disease, when it shall appear to them by a report of the resident physician or health commissioner, or of a consulting physician, that any person within the city is afflicted with a disease of that character :

2. To forbid and prevent all communications with the house or family so infected, except by means of physicians, nurses or messengers, to carry the necessary advice, medicines and provisions to the afflicted:

3. To adopt such measures for preventing all communication, between any part of the city infected with a fever of a malignant or contagious character, and all other parts of the city, as shall be prompt and effectual: and,

4. To exercise all such other powers, whenever a contagious dis- ART. 2. ease shall appear in the city, as in their judgment the circumstances of the case and the public good shall require.

cles, &c. to

$3. The board of health, or the mayor and commissioners of health, Putrid artiwhen they shall judge it necessary, may cause any cargo or part of be destroyed. a cargo, or any matter or thing, within the city, that may be putrid or otherwise dangerous to the public health, to be destroyed or removed; such removal, when ordered, shall be to the quarantine ground, or such other place as the board of health shall direct.

sent to the

$ 4. The board of health, the mayor or either of the commissioners Persons to be of health, may send to the marine hospital, or such other place as the marine hosboard of health shall direct, all persons in the city, not residents there- pital. of, who shall be sick of any malignant or contagious fever.

board of

$5. It shall be the duty of the commissioners of health, from time Report to to time, to communicate to the president of the board of health all re-health. ports that shall be made to them, or either of them, under the provisions of this Chapter; and it shall be the further duty of the commissioners, and of each of them, so to communicate all information in their power, that may better enable the board of health to preserve the health of the city.

ARTICLE SECOND.

Of the Duties of Physicians and other Persons.

SEC. 6. Certain duties of practising physicians; to report patients.
7. Do. of keepers of boarding-houses.

8. Do. of masters, &c of vessels.

9. Do. of commissioners of health and consulting physicians.

$ 6. It shall be the duty of each practising physician in the city of Physicians. New-York,

1. To make a report in writing to the mayor, the board of health, or either of the commissioners of health, of every patient he shall have labouring under yellow, bilious-malignant or other pestilential or infectious fever, between the thirty-first day of May and the first day of November in any year, and within twenty-four hours after he shall ascertain or suspect the nature of the disease:

2. To report, if so directed by the board of health, every patient he shall have between the same days, labouring under fever of any description, and to state in his report, the specific name and type of such fever:

3. To report, when required by the board of health, the death of any of his patients who shall have died of fever, within forty-eight hours after such death shall have occured, and to state in such report, the specific name and type of such fever.

boarding

$7. Every person keeping a boarding or lodging-house in the city Keepers of of New-York, between the days mentioned in the preceding section, houser. 56

VOL. I.

TITLE 3. shall report in writing, to the mayor, the board of health, or either of the health commissioners, the name of every seafaring man, boarder, or passenger by sea, who shall be sick in his house with fever, within twelve hours after each case of sickness shall have occurred.

Masters, &c.

of vessels.

Proceedings for neglect.

Salted provisions.

Ib.

Exceptions.

$ 8. Every master, owner or consignee of a vessel lying at a wharf, or in the harbour of the city of New-York, shall make a like report, and within the same period, of the name of every sick person on board such vessel; and no such person shall be removed therefrom, without a written permit for that purpose from the mayor, the board, or one of the commissioners of health.

9. It shall be the duty of each commissioner of health and of each consulting physician, to make an immediate report to the board of health, of the name of every practising physician by whom he shall have reason to believe the provisions of the sixth section of this Title have been violated; and if any such commissioner or consulting physician shall neglect or refuse to perform this duty, the board of health shall suspend him from his office.

ARTICLE THIRD.

Prohibitions and Penalties.

SEC. 10. Respecting salted provisions.

11. Relative to pickled beef, &c.

12. Not to apply to small dealers, &c.

13. All salted provisions, &c. to be reported to mayor.

14. Board of health may cause such articles to be removed.

15. Expense of removal to be paid by owner.

16. Butchers and heads of families excepted.

17. Violation of these provisions, misdemeanor, &c.

18. Rags, hides and skins, not to be taken within certain bounda

19. Exception as to small quantities.

20. Master or owner to report damaged cotton.

21. Under penalty of five hundred dollars.

22. Persons violating sections one and two, guilty of misdemeanor, &c.

23. Practising physician violating duties imposed, guilty of misdemeanor, &c.
24. Do. as to keepers of boarding-houses.

$10. No salted provisions shall be packed or repacked at any season of the year, in that part of the city of New-York, lying south of a line drawn from the Hudson river through the centre of Canal-street to Sullivan-street, through Sullivan-street to Grand-street, through Grand-street to Walnut-street, and through Walnut-street to the East river.

$11. From the first day of May to the first day of October in any year, no salted or pickled beef, pork or fish, except smoked beef, and fish, shall be deposited in the city, south of the line above described.

$ 12. The last preceding section shall not be construed to prevent retail grocers or other small dealers from keeping on hand, for the use of their customers, small quantities, not exceeding five barrels of each

kind of the provisions therein mentioned, if the provisions so kept be ART. 3. sound and in good order.

ed.

$ 13. All salted or pickled provisions, and all hides, skins and cot- To be report ton, that shall remain deposited in the city, south of the line described in the tenth section of this Title, on the first day of June in any year, shall be reported by the owner or person having charge thereof, to the mayor, the board, or one of the commissioners of health, that the same may be examined, and if necessary, destroyed or removed.

ed.

S 14. If such articles, when ordered to be removed by the board of How removhealth, shall not be forthwith removed by the owner or person having charge thereof, the board of health shall cause them to be removed to some safe place, there to remain at the risk of the owner.

S 15. The expense of the removal and subsequent storage of such Expenses. articles, shall be borne by the owner or person having charge thereof when removed, and if paid in the first instance by the board of health, may be recovered by them in an action against such owner or bailee, or if payment of such expenses be refused by the owner or bailee, the board may cause such articles to be sold, and account for the proceeds, deducting such expenses and the costs of sale.

S16. Nothing contained in this Article shall be construed to ex- Exceptions. tend to provisions exposed for sale by butchers in the public markets, or kept by the heads of families for family use.

$ 17. Every person who shall refuse or neglect to obey the di- Penalties. rections of this Article, or of the board of health, pursuant thereto, in relation to the provisions and other articles above mentioned, shall be considered guilty of a misdemeanor, and on conviction, shall be fined for each offence in a sum not exceeding five hundred dollars, or be imprisoned for a term not exceeding six months.

and skins, to

in certain

S18. No rags, hides or skins, arriving in the port of New-York, Rags, hides between the thirty-first day of May and the first day of October in any be kept withyear, shall be taken to any place in the city, south of a line beginning ba at Spring-street on the North river; thence along that street to the Bowery; thence down the Bowery to Grand-street; and thence through Grand-street to Walnut-street; and thence through Walnutstreet to the East river; and all such articles brought into the city contrary to the above provision, may be seized and sold by the commissioners of health, for the use of the marine hospital.

$ 19. The board of health or the mayor and commissioners of health, may however permit sound hides and skins to be brought into the city, south of the line last described, in small quantities, and for the purpose of immediate manufacture, but not otherwise.

Exceptions.

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