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Trustees.

Officers and their com

By-laws.

1854.-CHAPTER CLXXII.

AN ACT in relation to the Moneys levied by Law on Masters, Mates, Mariners and Seamen arriving at the City and Port of New York, and the disposal of the same by the Trustees of the Seamen's Fund and Retreat.-Passed April 7, 1854.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SEC. 1. The trustees of the seamen's fund and retreat, in the city of New York, shall consist of the following persons, who shall be residents of the city and county of New York or of the counties of Kings, Queens or Richmond, namely: the mayor of the said city, the health officer of the city and port of New York, the president of the Seamen's Savings Bank and the president of the marine society in the said city, and their successors in office for the time being, and seven other persons to be appointed by the governor of this state, by and with the consent of the Senate, for the term of three years, four of which seven shall be or shall have been ship masters, who shall be a corporate body for the purposes of this act; vacancies shall be supplied by appointment or by succession in office in the same manner as aforesaid.

SEC. 2. The said trustees shall choose one of their number to be pensation. president, and shall appoint a secretary to hold his office during the pleasure of the trustees; the trustees shall receive no compen sation for their services; the secretary and collector shall receive compensation, to be fixed, from time to time, by the trustees. The secretary shall take the oath of office, and shall give bonds to the satisfaction of the trustees for the performance of the duties of his office. The trustees may, from time to time, make rules and regulations for their own government, for the control, management and government of the persons in employment under them, and of the persons who shall be received into the said retreat, and for the Accounts. receiving and discharging of such persons. The secretary shall keep the accounts and books of account of the institution, shall examine the accounts which the collector shall render to him weekly, and shall receive the balances in his hands and deposit the same immediately to the credit of the trustees aforesaid, as they shall direct, and shall perform such other duties, as secretary, as the board of trustees shall, from time to time, direct; or the said trustees of the seamen's fund and retreat may dispense with the appointment of the collector and all that appertains to his duties, and advise and direct such mode or modes of collecting and receiving the hospital tax as by them shall be deemed most expedient, either

through the custom-house or otherwise, with the right of deducting, for the expenses of collecting and receiving the same, a commission not exceeding two and a half per cent.

Title of land

SEC. 3. The title of all lands acquired or held by them shall be to vest in vested in the people of this state. The seamen's retreat shall be the state. exclusively in charge of the trustees aforesaid, and appropriated to the use of sick and disabled seamen; but no person shall be admitted into the same without satisfactory proof that he hath previously paid the tax imposed by law on masters, mates or seamen arriving at the port of New York.

nurses, &c.

SEC. 4. The said board of trustees shall appoint the needful Physicians, physicians, assistants, nurses, attendants and servants of the said hospital and retreat; regulate their salaries and wages, apply the funds coming into their hands for the payment of the same, and may discharge the same persons from time to time; they shall also, out of such funds, defray all needful expenditures, but shall not have power to erect any new hospital or dwelling without warrant of the Legislature.

from whom

lected.

SEC. 5. The president of said trustees shall demand, and be en- Moneys, titled to receive, and, in case of neglect or refusal to pay, shall sue to be for and recover, in the name of the people of this state, the following sums from the master of every vessel that shall arrive at the port of New York, namely: first, from the master of every vessel from a foreign port, for himself one dollar and fifty cents, for each mate one dollar, sailor or mariner fifty cents; second, from the master of each coasting vessel for each person-board, composing the crew of such vessel, twenty cents; but no coasting vessel from the states of New Jersey, Connecticut and Rhode Island shall pay for more than one voyage in each month, computing from the first voyage in each year, and the said president may sue for the penalties imposed by law on masters of coasting vessels for non-payment of hospital money.

col

money to be

sel not al

ter port.

SEC. 6. The health officers shall not grant a permit to any vessel, Hospital subject to quarantine, to approach the city of New York beyond paid, or vesthe place assigned for quarantine, until satisfactory evidence shall lowed to enbe adduced that all hospital money demanded from the master of such vessel has been duly paid, or until satisfactory security be given that the same will be paid.

abled sea

SEC. 7. It shall be the duty of the said trustees to contract with Sick and disthe health commissioners for the support of sick and disabled seamen men. who were subject to quarantine, and shall pay to the said commis

curred by

the

of Richmond

sioners the reasonable expenses, so contracted for, of all such sick and disabled seamen during the time they shall be subject to quarantine and remain at the marine hospital under their direction.

Expenses in- SEC. 8. The said trustees shall pay to the supervisors of the County county of Richmond all fees, expenses and charges which may be to be paid. incurred by the said county for the transportation, confinement, trial or maintenance of any mariner or seafaring person charged with the commission of any crime or misdemeanor within the limits of said retreat, or who shall be under the charge of the said trustees, which expenses shall be paid by the said trustees upon the order in writing of the said supervisors, and duly attested by the affidavit of the clerk of the said county.

Account

to

be rendered

to

troller.

SEC. 9. The said trustees shall annually render to the comptroller comp- of the state of New York an account of all moneys collected or received by them, and of all expenditures thereof, and of all the surplus moneys, if any, in their hands, and the disposition thereof by them made; which accounts shall specify, particularly, the sources from which the moneys have been received, and the purposes to which the same have been applied, and shall be verified by the president and secretary of the said trustees, and rendered on the first Monday of January, yearly. They shall also specify the number of seamen received into the retreat, and of those discharged therefrom or deceased, and the number remaining, and the number and class of diseases, and the average time of treatment of each patient, and the daily cost to the fund for each patient.

Ten per cent to be paid

family asy

SEC. 10. The trustees of the seamen's fund and retreat, in the city to mariner's of New York, are hereby authorized and instructed to pay over, lum. monthly, to the treasurer of the mariners' family asylum, for the maintenance of said asylum, ten per cent. of the amount of moneys collected the previous month, by law, upon masters, mates, mariners and seamen arriving in the city and port of New York.

SEC. 11. All acts and parts of acts, inconsistent with this act, are from henceforth superseded by this act.

SEC. 12. This act shall take effect immediately.

1854. CHAPTER CXCVIII.

AN ACT in relation to the Court of Common Pleas for the City and County of New York.--Passed April 12, 1854, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SEC. 1. The Court of Common Pleas, for the city and county of Clerk. New York, shall have a clerk, to be appointed by the court and to hold his office during the pleasure of the court, which clerk shall have power to appoint one or more deputies, by appointment in writing, to be filed in his office.

SEC. 2. The common council of the city of New York must, by His office. ordinance, assign the clerk so appointed a suitable office in the city hall in that city.

SEC. 3. The said clerk shall pay over to the city treasurer, in monthly payments, all the fees, perquisites and emoluments of his office, and shall receive such compensation for his services, and for the services of his assistants, as shall be fixed by the board of supervisors of the city and county of New York, in conformity to the act in relation to the fees and compensation of certain officers in the city and county of New York, passed December 10th, 1847.

Fees.

SEC. 4. When the fees received and paid over by the officers Salaries. named in said act, and the said clerk, shall be insufficient to pay the necessary expenses and salaries of their respective offices, the deficiency shall be paid out of the appropriation for county contingencies.

papers.

SEC. 5. The county clerk of the city and county of New York Books must, on demand, deliver all property, books, records and papers, appertaining to the said Court of Common Pleas, to the clerk of that court appointed by virtue of this act.

and

SEC. 6. The said Court of Common Pleas for the city and county Jurisdiction. of New York, has power and jurisdiction of the following proceedings:

To remit fines and forfeited recognizances, in the same cases and in like manner as such power was heretofore given by law to courts of common pleas, and to correct and discharge the dockets of liens and of judgments entered upon recognizances, and to exercise in the city and county of New York, all the powers and jurisdiction now or hereafter conferred upon or vested in the said court, or the

county courts in their counties, and the powers and jurisdiction which were vested in the Court of Common Pleas for the city and county of New York, before the enactment of the act designated as the Code of Procedure, passed April 12, 1848.

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1854.-CHAPTER CXCIX.

AN ACT in relation to the Moneys Levied by Law on Masters, Mates, Mariners and Seamen arriving at the City and Port of New York, and the disposal of the same by the Trustees of the Seamen's Fund and Retreat, and of the Mariners' Family Asylum.-Passed April 12, 1854.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SEC. 1. The mariners' family industrial society of the port of New York, together with their board of counsellors and their successors in office for the time being, shall have the control and management of the building erected on the grounds of the seamen's retreat, agreeably to an act passed March 17th, 1851, and known as the "Mariners' Family Asylum," and the ground selected by the committee on the ninth day of May, eighteen hundred and fifty-one, and approved of by the trustees of the seamen's fund and retreat, and also the right of way to and from said asylum through the grounds of the seamen's retreat until a public street or highway shall be opened, and then such ingress and egress shall be by said street or highway.

SEC. 2. The trustees of the seamen's fund and retreat, in the city of New York, are hereby authorized and directed to pay over, monthly, to the treasurer of the Mariners' Family Asylum, for the maintenance of said asylum, ten "per cent." of the amount of moneys collected the previous month by law upon masters, mates, mariners and seamen arriving at the city and port of New York.

SEC. 3. The above named society, together with their board of counsellors, shall apply such hospital moneys as shall come into their hands, through the trustees of the seamen's fund and retreat, for the support and relief of destitute, sick or infirm mothers, wives, sisters, daughters or widows of seamen in said asylum, and at such other places as shall by them be deemed best calculated to promote the objects of this section of this act; but no person shall be relieved from said fund, or received into said asylum, unless satisfactory proof be furnished to the society that the husband, brother,

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