§ 118. Lien for services and expenses.- All such expenses, services and charges shall be a lien on the vessels, merchandise or other property in relation to which they shall have been made, incurred or rendered, and if such master, owner or consignee shall omit to pay the same within three days after the presentation of such account, the commissioners may proceed to enforce such lien in the manner provided in the lien law for the enforcement of liens upon vessels; or they may have or maintain an action against such master, owner or consignee to recover the amount of such expenses, services and charges, and such master, owner or consignee shall be deemed indebted to the commissioners in such amount and may recover from any passenger liable to pay the same the amount of any expenses incurred on account of such passenger. The health officer shall have the same remedies as the commissioners to enforce any lien or to recover for any expenses, services or charges which are by law made payable to him if they remain unpaid for three days after payment shall have been demanded by him. The vessel, cargo or other property upon which any lien exists by virtue of any provision of this article, shall be held in quarantine until the amount due for the expenses, services or charges constituting such lien is paid, unless such master, owner or consignee, shall execute to the quarantine commissioners a bond with sufficient sureties to be approved by them, conditioned for the payment thereof within ten days thereafter. (As amended by chap. 268 of 1900. Renumbered from § 123.)

119. When master of vessel must provide for passenger.All passengers on board any vessel under quarantine shall be provided for by the master of the vessel on which they arrive. If the master neglects or refuses to provide for them, or if they have been transferred to some other point within the jurisdiction of the health officer, they shall be maintained by the quarantine commissioners at the expense of the vessel, her owners or consignees, and the health officer may, in his discretion, refuse to permit the vessel to leave quarantine until such expenses have been paid or secured. The commissioners may maintain an action against such owners or consignees to recover for such expenses, which shall be a lien upon the vessel, to be enforced as other liens thereon by the commissioners. (As amended by chap. 268 of 1900. Renumbered from § 124.)

The Health Officer of the Port of New York. §§ 120-122

120. Policemen. The health officer may appoint policemen, whose services shall be paid for by him, and may dismiss them at pleasure and appoint others in their places. Such policemen shall perform patrol or police duty under the direction of the health officer, in connection with the quarantine establishment, and upon the waters of the bay of New York. They shall have all the powers possessed by policemen in the city of New York, and any person arrested by any such policeman for violating any law or regulation relating to quarantine in such port, may be taken by him before any court of criminal jurisdiction or any magistrate or police justice in said city, and thereupon such court, magistrate or police justice shall have jurisdiction to hear, try and punish the person arrested for the offense committed by him in the same manner and with the same effect, as if the offense had been committed within the territory over which such court, magistrate or police justice has jurisdiction to hear, try and punish for offenses committed within such territory. (As amended by chap. 268 of 1900. Renumbered from § 126.)

§ 121. Confinement of offenders.-The health officer upon the application of the master of any vessel under quarantine may confine in any suitable place on shore, any person on board of the vessel charged with the commission of any offense punishable by the laws of this state or of the United States, and who can not be secured on board of such vessel. Such confinement may continue during the quarantine of such person, or until he shall be proceeded against in due course of law. The expenses of such confinement shall be charged and collected in the same manner as the expenses of providing for passengers, which the master of the vessel is required to pay. (As amended by chap. 268 of 1900. Renumbered from § 127.)

§ 122. Jurisdiction over offenses and in actions.- Exclusive jurisdiction of the offenses specified in this article is hereby given to the court of general sessions of the county of New York and the court of special sessions of the city of New York, but the punishment in the last-named court for offenses shall not exceed ten days' imprisonment, or a fine of one hundred dollars, or by both such fine and imprisonment, and it shall be the duty of the district attorney of the county of New York, and the county of Kings and the county of

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Richmonu, respectively, to prosecute all persons guilty of such offenses in preference to any indictment then in their courts, and for such courts to hear and try the offenses against the provisions of this chapter in preference to all other cases pending before it; and whenever any person shall be convicted on a trial for such offense, the court shall forthwith proceed to pronounce judgment upon him according to the terms prescribed in this chapter. For the purpose of determining all questions of jurisdiction in any civil or criminal action growing out of any act or thing done upon or connected with the West Bank hospital, such hospital shall be deemed to be within the county of New York. If any action has been or shall hereafter be commenced or any criminal prosecution instituted against the health officer, or any of his deputies or employes, or against the quarantine commissioners, or any of them, or against any person engaged in performing any duty or rendering any service in any matter or thing connected with the quarantine establishment, or any part thereof, before any court or officer within the county of Richmond, or when such county shall be the place of trial named in the complaint in any such action, the defendant therein may apply to any justice of the supreme court for an order directing that such action shall be tried either in the county of New York or in the county of Kings, and such justice shall thereupon make an order removing such action from the county of Richmond to the county of New York or the county of Kings. If the action is pending in the supreme court, the order shall designate in which of the other counties herein named the trial shall be had; if the action is pending in the county court, such order shall remove the action into the supreme court, and designate one of such other counties as the county wherein it shall be tried. If the action shall have been commenced in the municipal court for the borough of Richmond, the order shall designate the court before which the action shall be tried in the county to which it is removed as herein required; and if it is a criminal action, the order shall direct to which officer or court the complaint or indictment shall be sent for trial, and shall provide for giving bail in such form and amount as such justice shall deem proper. The court or officer to which any action shall be transferred, pursuant to this section, shall proceed to the trial thereof in

The Health Officer of the Port of New York. §§ 123-124 the same manner and with the same effect as if the action had been commenced before such court or officer and the cause of action had arisen in the county in which the action shall have been removed. An action may be brought by and in the name of the quarantine commissioners to recover any penalty, forfeiture, sum of money or other cause of action incurred or required to be paid or authorized to be brought pursuant to any provision of this article or the preceding article. (As amended by chap. 268 of 1900. Renumbered from § 128.)

§ 123. Special port warden. There shall continue to be a special port warden in and for the port of New York, appointed by the governor, by and with the advice and consent of the senate, whose term of office shall be two years. He shall act as warden in regard to vessels under or subject to quarantine, but not in regard to vessels while stopping at quarantine for the purpose of visitation only by the health officer, but not detained. He shall have all the powers of a port warden of the port of New York with reference to vessels or merchandise under or subject to quarantine, but he shall be subject to such regulations as the health officer may impose, for the protection of the public health. He shall receive for each survey or examination made by him the sum of five dollars, and shall make returns to the warden's office in the city of New York of each survey made by him, within twenty-four hours after it shall be made. He may appoint a deputy, who, during his absence or inability to serve, may perform all his duties and exercise all his powers. No other port warden shall be appointed under quarantine. (As amended by chap. 268 of 1900. Renumbered from § 129.)

§ 124. Fees and compensation of health officer.-The health officer shall receive fees for his services at not exceeding the following rates, namely: For inspection of any vessel from a foreign port, five dollars. For inspection of every vessel from a domestic port, south of Cape Henlopen, between May first and November first in each year, steamers three dollars; other vessels, one dollar. For medical inspection of every one hundred or fraction of one hundred steerage passengers upon transatlantic steamers, two dollars. For each special permit issued for the discharge of cargo, portion of

cargo or baggage brought as freight, twenty-five cents. For sanitary inspection of every vessel after the discharge of cargo or ballast, ten dollars. For fumigation and disinfection of every vessel from an infected port, or of such vessel as in the judgment of the health officer shall require fumigation and disinfection by reason of exposure to infection or contagion, fifty dollars, or such sum not more than fifty dollars or less than five dollars, as may in the judgment of the health officer be deemed reasonable. For boarding every vessel and giving a permit between sunset and sunrise, at the request of the owner, consignee or master of the vessl*, when such pratique can be given without danger to the public health, five dollars. For vaccination of persons on vessels, each twentyfive cents. But no charge shall be made for the vaccination of any person who shall have been successfully vaccinated by the medical officer of the ship. He shall report annually to the board of quarantine commissioners all fees received by him. He shall pay all the salaries and wages of the deputy health officers and such bargemen, nurses and stewards and other employes as may be necessary for the performance of the duties imposed upon him by law for the carrying on of the quarantine establishment, except the salaries of the commissioners of quarantine, and shall pay the current expenses of running a steamboat for the transportation of persons to and from the establishment, for visitation and for burying the dead. The health officer shall be entitled to receive a total compensation of twelve thousand five hundred dollars per annum, and in case the aggregate amount of such fees remaining in the hands of the health officer at the end of each year, during which he shall continue in office, after payment by him of the salaries, wages and expenses which he is required by law to pay, shall be less than the sum of twelve thousand five hundred dollars, the balance shall be paid by the state treasurer on the warrant of the comptroller, out of any money appropriated therefor. In case the aggregate amount of fees exceeds the sum of twelve thousand five hundred dollars per annum, and the expenses to be paid out of the same specified in this section, the surplus shall be used for the purchase of necessary books, scientific apparatus, and other necessary appliances, as the health * So in the original.