The Health Officer of the Port of New York.

§ 104

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, scarletina, measles, diphtheria and other infectious diseases, the total number of deaths from each of these diseases 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, after the passage of this act, 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 any 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 detention shall be chargeable by the commissioners of quarantine 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 punshed by a fine of not less than one hundred dollars nor more than five hundred dollars. (As amended by chap. 268 of 1900.)

§ 105. Bills of health. The health officer shall require the masters of all merchant ships and vessels arriving 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, scarletina, 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. (As amended by chap. 268 of 1900.)

§ 106. Effects of deceased persons.-The health officer shall secure the effects of deceased persons in quarantine from waste and embezzlement, make a true inventory thereof, and if the rightful claimants thereto do not appear within three months deliver the same to the public administrator of the city of New York, unless they ought not to be removed or ought to be destroyed under the provisions of this article. (As amended by chap. 268 of 1900.)

§ 107. Department of health of the city of New York.-The health officer shall keep the department of health of the city of New York informed of the number of cases of quarantinable diseases and the character of the same, held at quarantine; and he may receive any vessel or merchandise sent to him by the health authorities of

The Health Officer of the Port of New York. §§ 108-110

New York which in his opinion is dangerous to the public health. (As amended by chap. 268 of 1900.)

§ 108. Power over master, owner or consignee of vessel.— If the master, owner or consignee of any quarantinable vessel shall neglect or refuse to do any act or thing lawfully directed to be done by the health officer, or to comply with any lawful order or direction of the health officer, or with any regulation relative to such vessel or any person or thing on board thereof, the health officer may employ such assistance as may be necessary to enforce any such order, direction or regulation. The health officer in the lighterage, stevedorage and storage of quarantinable vessels and merchandise may permit the captains and owners thereof to employ men upon their own account, subject to the same restrictions for the protection of the public health as if licensed by the health officer and quarantine commissioners. (As amended by chap. 268 of 1900.)

109. Quarantinable diseases. — The quarantinable diseases are yellow fever, plague, cholera, typhus or ship fever and smallpox, and any other infectious disease which has been or may be determined to be quarantinable by the health officer. Persons with insufficient evidence of vaccination and known to have been recently exposed to small-pox, shall be vaccinated as soon as practicable and detained until the vaccination shall have taken effect under regulations prescribed by the health officer. (As amended by chap. 268 of 1900.)

110. Quarantinable vessels and period of quarantine.Every vessel arriving at the port of New York from any place where a quarantinable disease existed at the time of departure, or which shall have arrived at any such place and proceeded therefrom to New York, or on board of which during the voyage any case of any such disease shall have occurred, shall remain at quarantine until the health officer grant a permit for the discharge of such vessel or cargo or both. Every vessel arriving at the port of New York from any foreign port, and every vessel from a domestic port, shall, on their arrival at the quarantine ground, be subject to visitation by the health officer. No quarantinable vessel shall depart from quarantine without the written permission of the health officer which shall be delivered by the master of the vessel to the department of health of the city of New York, according to the destination of the vessel within twenty-four hours after the permit is received by him. (As amended by chap. 268 of 1900.)

§ 111. Detention for examination of vessels. - If a vessel which has not had, during the voyage, a case of quarantinable disease, is found in a condition which the health officer deems dangerous to the public health, it shall be held and treated as the health officer may deem necessary. (As amended by chap. 268 of 1900. Renumbered from § 112.)

§ 112. Sanitary measures; admission to pratique. - The health officer may require before admission to pratique of any vessels, baths and other bodily care of the person on board, in addition to the treatment of the vessel and cargo. Admission to pratique shall be preceded by as many visits to the vessel by the health officer as he may deem necessary. (As amended by chap. 268 of 1900, and renumbered from § 113.)

§ 113. The yellow flag. The health officer shall cause all vessels, warehouses and merchandise in quarantine to be designated by a yellow flag, and shall prohibit communication with or passage within range of the same, except under such restrictions as he may designate compatible with the public safety. (As amended by chap. 268 of 1900, and renumbered from § 115.)

§ 114. Vaccination.- 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.

If any such person shall refuse to submit to such examination or on such examination shall be found not sufficiently protected from small-pox, or shall refuse to be protected by vaccination, such person together with the person having him in charge if he be a minor, shall be detained in quarantine until he shall have passed the incubative period from the date of the last possible exposure; and the expense of such detention shall be charged by the commissioners of quarantine to the consignees or owners of the vessel having such person on board, and such expenses so incurred shall be a lien upon such vessel. (As amended by chap. 268 of 1900. Renumbered from § 118.)

§ 115. Duty of pilots.- Every pilot belonging to the port of New York shall use his utmost endeavors to supply the health officer with such information as may aid him in protecting the public

The Health Officer of the Port of New York. §§ 116-117

health. (As amended by chap. 268 of 1900.

§ 120.)

Renumbered from

§ 116. Removal of vessels, persons and things from the city of New York.- The health officer may, whenever in his judgment the public health requires it, order any vessel at the wharves of the city to the quarantine grounds, and may require all the persons, articles or things introduced into the city from such vessel to be seized, returned on board thereof. If the master, owner or consignee of such vessel can not be found, or shall neglect or refuse to obey any such order of removal, the health officer may employ such assistance as may be necessary to effect such removal at the expense of such master, owner or consignee. He shall have the aid of the health and police departments of the city of New York in securing the return of the persons and things above referred to. Such vessel or person shall not return to the city without the written permission of the health officer. Any person employed to remove any such vessel, articles or things pursuant to this section, shall have a lien on such vessel, its tackle, apparel and furniture for his services and expenses in effecting such removal, which may be enforced in the manner prescribed in the lien law for the enforcement of a lien upon vessels. (As amended by chap. 268 of 1890. Renumbered from § 121.)

The expenses

117. Payment of expenses of quarantine. incurred and services rendered by the health officer or any of his subordinates or employes in the discharge of any duty imposed by law in relation to vessels, merchandise, baggage, dunnage, persons, or burials of persons under quarantine shall be paid for to the health officer by the master of the vessels for which the expenses shall have been incurred, or the services rendered, or in which such merchandise, baggage, dunnage and persons shall have arrived. Persons conveyed to and from the quarantine establishment in the quarantine steamboat shall pay the health officer for such transportation, unless conveyed for the master of a vessel, in which case the master shall pay for the same. (As amended by chap. 268 of 1900. Renumbered from § 122.)