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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 forth with 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 uponor 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

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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.

The Health Officer of the Port of New York.

§ 125

officer may decide, or for the preservation and repair of the structures belonging to the quarantine establishment. The health officer shall keep an account of all moneys received or disbursed by him under this section. This section shall not affect the liability of masters or owners of vessels, passengers or other persons to pay for such services, labor or work as they are respectively required to pay or discharge by law. (As amended by chap. 465 of 1896, § 1, and chap. 268 of 1900. Renumbered from $ 130.)

$ 125. Annual report.—The health officer shall make a report to the quarantine commissioners annually on or before January first, containing a statement of the general condition of the quarantine establishment, the statistics of the establishment in detail, and such other information and suggestions in regard to it as he may deem advisable. A duplicate copy of said report shall at the same time be filed by said health officer with the comptroller. (As amended by chap. 268 of 1900. Renumbered from § 131.)

SS 140-141

Article VIII.

ARTICLE VIII.

PRACTICE OF MEDICINE.

SECTION 140. Qualifications.

141. State boards of medical examiners.
142. Certificate of appointment; oath ; powesr.
143. Expenses.
144. Officers; meetings; quorum ; committees.
145. Admission to examination,
146. Questions.
147. Examinations and reports.
148. Licenses.
149. Registry.
150. Registry in another county.
151. Certificate presumptive evidence; unauthorized registration

and license prohibited,
152. Construction of this article.
153. Penalties and their collection.

Definitions.-As used in this article
University means University of the State of New York.

Regents means board of regents of the University of the State of New York.

Board means a board of medical examiners of the state of New York.

Medical examiner means a member of a board of medical ex aminers of the state of New York.

Medical school means any medical school, college, or depart. ment of a university, registered by the regents as maintaining a proper medical standard and as legally incorporated. Medicine means medicine and surgery. Physician means physician and surgeon.

§ 140. Qualifications. No person shall practice medicine after September first, eighteen hundred and ninety-one, unless previ. ously registered and legally authorized or unless licensed by the regents and registered as required by this article ; nor shall any person practice medicine who has ever been convicted of a felony by any court, or whose authority to practice is suspended or revoked by the regents on recommendation of a state board.

§ 141. State boards of medical examiners.—There shall continue to be three separate state boards of medical examiners of seven members each, each of whom shall hold office for three

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