Commission annually to the comptroller. of two dollars for each vessel of or below one hundred tons so visited by him, excepting all boats arriving in the harbour of New-York, from any port or harbour on the shores of New-Jersey, between Sandy-Hook and Cape-May, or any part of Long-Island. XXX. And be it further enacted, That it shall ers to account be the duty of the said commissioners to account annually to the comptroller for all monies received by them for the use of the health-office, and if the same shall in any one year be more than sufficient to defray the expence of executing the trust committed to them, exclusive of such expences as are to be borne and paid as part of the contingent charges of the city of New-York, and including the annual compensations herein before granted to the said commissioners, then and in such case the said commissioners shall pay the residue thereof into the treasury of this state; and if at any time in the funds the money received by the said commissioners appropriated to their use, should not be sufficient for the purposes aforesaid, how supplied. it shall be lawful for the person administering the government of this state, upon the application of the said commissioners, to direct the comptroller to issue a warrant to the treasurer to pay to the order of the said commissioners such sum as he may think necessary for the purposes aforesaid, not exceeding in the whole two thousand five hun, dred dollars in any one year. Deficiencies Commission ers to make XXXI. And be it further enacted, That it and execute shall be lawful for the said commissioners of the rules relative to cleansing health-office or a majority of them as they shall the streets,&c. in New-York. Expenceshow judge advisable, to make and execute rules and XXXII. And be it further enacted, That whenever the city of New-York or any part thereof shall be annoyed or rendered foul by any manufactory, trade, work or business producing noxious vapors or highly offensive smells, or by any place where noxious or putrid substances shall be stored or collected within the said city, it shall be the duty of the said commissioners or a majority of them, if in their opinion the public health or that of individuals shall be endangered thereby, to proceed forthwith to such place or places and to make due Trades and offensive sub stances injuri ous to health, and becoming nuisances to be removed. By the party. By the sheriff. inquiry and strict examination respecting the same; and that it shall be lawful for them or either of them whenever it may be necessary, to require the aid or assistance of a justice of the peace and constable in making of such inquiry and examination, who are hereby authorised and required to break open, whenever admittance cannot otherwise be obtained, the door or doors of such place where such manufactory, trade, work or business is carried on, producing or affording such noxious vapour or highly offensive smell, or where such offensive substances are deposited; and if the said commissioners or a majority of them shall judge, any such manufactory, trade, work, busines sor repository to be carried on or kept in such manner as to be a nuisance, they shall declare it so in writing to the owner thereof or in his absence to such workman, clerk, keeper, or one of the family as they may then find on the premises, and at the same time shall require the removal, abatement or discontinuance of the said nuisance, as the case may require, within the time to be limited in the said writing; and if on the expiration of the said time, the same order shall not have been complied with, it shall be the duty of the Mayor or recorder of the said city, upon representation thereof to either of them made by the said commissioners, or a majority of them, immediately to issue a warrant under the hand and seal of the said mayor or recorder, directed to the sheriff of the said city, commanding him forthwith without delay to cause to be removed, abated liable to a fine. or discontinued such nuisance; and the person to Party refusing whom such declaration and requisition in writing as aforesaid shall be made, shall besides for not complying therewith, be considered as guilty of a misdemeanor, and on complaint being made thereof in writing by any one or more of the said commissioners to any one of the justices of the peace of the said city, it shall be the duty of such justice to bind the person so complained of in a recognizance with sufficient surety in the sum of two hundred dollars, for his appearance at the next general sessions of the peace in the said city, to answer to the said charge, and on due proof there. of it shall be lawful for the said court to impose a fine on the person or persons so offending, in a sum not exceeding one hundred dollars, out of which fine the expences of removing, abating or causing to be discontinued such nuisance shall be paid. at common XXXIII. And be it further enacted, That no- This act not to thing in this act contained shall be construed to affect remedy interfere with the remedies against nuisances pres- law. cribed by the common law. Quarantine how regulated in the other bours of this XXXIV. And be it further enacted, That all yessels having on board any person infected with any malignant or pestilential fever, or coming from ports and harany place whatsoever infected therewith, shall not state; come into any of the ports or harbours of this state, until they shall have performed quarantine for such time and in such manner as the persons hereinafter mentioned shall think proper to direct, to wit: For the cities of Albany and Hudson, and upon Hudson's river opposite to the said cities, and within one mile above or below the same, D Breaches thereof how punished. Measures to be taken a the person administering the government of this state, and in his absence from the said cities respectively the mayor, and in his absence the recorder of the said cities respectively; and for any town in this state, bordering or lying upon any port or harbour of this state, and upon the waters opposite to the same towns, any two or more justices of the peace residing therein; and if any person subject to quarantine as aforesaid shall violate any of the regulations to be prescribed respecting the same as aforesaid, he shall be considered guilty of a misdemeanor and shall be fined by any court having cognizance thereof, in a sum not exceeding five hundred dollars. XXXV. And be it further enacted, That it against the in- shall be lawful for the said persons hereby authotroduction of rised to execute this act in the said cities of Alba infectious dis state. , eases in this ny and Hudson, and for any two or more justices of the peace in any town in this state, to take effectual measures to prevent the introduction and spreading of any infectious distemper, into any part of this state, and for that purpose to stop, detain and examine any person coming from any place infected with any such malignant or pestilential fever, and if there shall be good cause to suspect any person to be infected therewith, it shall be lawful for the several persons aforesaid, to cause every such person to be sent out of this state, not being an inhabitant thereof, or kept in such place as will not expose the inhabitants of the same to take such distemper; And further, To appoint and authorise such and so many persons to aid in the execution of their powers aforesaid, as they shall respectively deem proper. |