CHAPTER CLXXIII. An Ad~fo,establish~ngan Health 0//Ice, and to

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CHAPTER CLXXIII.
An Ad~fo,~
establish~ngan Health 0//Ice, and
to secure the city and port of Philadelphia from
the ii~trôductionof pestilential and contagious
diseases.
Section 1.
E it enacted by the Senate and
House of Representath~esof the
commonwealth of Pennsyh’a72ia, in General A.~
.~emblymet, and it is hereby ei~actedby the au~
thority of the same, That a board of health A board of’
shall be estallished iii the manner herein after
~
directed, which shall be and hereby is erected corporated
into a body corporate, in deed and in law, by
the name, style and title, of ‘~The Board of its style,
‘“ Health,” who shall have perpetual succession, to enjoy nil
and enjoy all and every the rights, liberties and ~
privileges, powers, authorities and immunities corporation;
incident or belonging to a corporation ~r body
politic,
and shall moreover have and exercise
the powers and authorities herein after mentioned; that is to say, the Governor of this the ~overncr
commonwealth shall on or before the first day ~
of May next, commission and appoint five per- who are to
~
three of whom shall be resident in the city ~
~ofPhilad6lphia, one in the Northern Liberties, ~nd con~ns~e
and one in the diitrict of Southwark and town- in Office one
ship of Moyamensing, who shall compose the
said
board of health, and shall continue in
office one year, next ensuing, the date of their
appointment, but not more than two of the not more than
said board shall be physielans; they ~ha1lreceive
four hundred dollars each, per annum, as a ans; t1~ir
compensation for their service3~and in case
the death, sicknes., resignation, refu al to
serve, or removal from Office of all or any of
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them,
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them, their.places shall be supplied by other
appointments; out of their own body, the
~ board shall choose a president, who shall pretarvro~dtrea~side at the meetings of the board, and ~‘hose
place shall be supplied in his absence by the
th~du~ks; appointment of a chairiñan, for the time; a
secretary whose duty it shall be to keep fair
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t’ninutes of all the proceedings, rules and regu_
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lations of the board, and atreasurei-who shall
give bond with sureties~as, is required of the
county treasurer, who shall receive all monies
belonging to the corporation, and pay and disbursë the same upon the order of the board,
signed by the president and attested by the secretary, who shall keep fair and just accounts
ofhis rccdipt:~and expendicure~,shall make ex~
tracts thereof whenever the board shall require’
the same, and shall once in every yea?, his ac~
counts having been allowed by the board~
pub’!ih the same lii one or more of the publid
nev ~p~pcrsofthe city ofPhiladelphia, and the
b~ct;
said board shalt sit upon their own adjournment,
as they, shall hnd necessary, b~t shall meet
at least once in every day, between the first
day of May and the fir~tday of November
special fl1Cc~t. in e’~rery year; and also when the board shall
be specially convened by order of the p~esinumber i~icce~
dent, or any two of the members, ‘and at
mary to brm a
board,
all meetings, three members snail form a
hoard, to lrah~actbusiness, hut a less nun,—
~cneral pow- her may adjou~n;and the said board 5hall
b~ ~
have and hereby is vested with full power
and authority, to make general rules, orders
and reg~ilationsfor the government and mane
agement of the Iarzaretto, and the vessels,
cargoes and persons there detained under
quarantine, and of the health office and public
hospitals, and for the mode of visiting and
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cizamining vessels, persons, goods and houses,
and~
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~nd shall also hav&power to appoint such other
officer and servants, as from time to time shall
be found necessary, to perform th~several du~
ties recp4ired by this act, and their future regttlations : Provided, That such officer shall
not hold any office df prof~tor trust under
the United State3, and to remove any of the
officers or servants by them appointed, and
appoint others in, their places, and to allow
~nd pay the said ,o~hcersand servants so ap.
pointed, such compensation for their respective ~rvices as th~said board shall deem just
~nd proper; and the Governor is hereby au- The
Qoveinor
to appoint a
thorLed and required to appoint o~cphysician, la~czrettophywho shall reside at the lazaretto, and shall tal
s~ianhospIphy~ie~
*~,
l~edenominated the lazaretto pl~ysic1an,and leeal~oiIc’er
one ph~sicianwho shall reside’ in the. ci~of and quaranPhiladelphia, and shall be denominated th~“°~
hospital physician, one health officçr, and one
quarantine master, all of wl~omshall be ~ the direction
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the direction and control of the board o2t1~eboardo~
of health, and may be removed from office health
andremovable
by
by the Governor at the request of the ma~the Governor
jority of the members of the board of health; at the request
of a rna~ortty
and the said lazaretto physician shall be enti- ~s~s methtied to occupy the house hitherto occupied bem;
by the resident physician, and to have fuinish- iowed
pr~~~~m5
the laSied him pasturage, provender and stabling foi~zar~ttdphy’sician and quaOne’ horse and one cow, and also to such rantine ninovegetables as may be necessary to supply his ten:
table~whilst reiding at the lazaretto, from
the gavd~n there, and the quarantine master.
~halI •be entitled to occupy the house hitherto
occupied by the quarantine master, and to
have furnished him pasturage, provender and
stabling for. one horse and one cow, anti also,
to, such vegetables as may. be necessary to
supply his table whilst residing at the lazaretto,
from the garden there.
Sec.
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See,
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And be i~Jurtherenacted by the auaforesaid, That the health officer on
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receiving from tl~ec~ptain or master of any
physicians,
ship or vessel, arriving from a foreign port
the quarantine , place, the certificate as herein aftei direct,
01
~i~~cer.
ed to be furnished by the lazaretto physician
and quarantine master or hospital physician,
shall be ~ntitled to receive from such cape
tam or master the sum of siit dollars and n~
more, of which the lazaretto physician shall
~‘iavethr~edollars, ~nd the hospital physician,
Conipensation ‘thority
tl~equar~intinemaster and health ofli~cerone
~lol1areach, in full compensation for all ser~
yic~senjoined on them by this a~t~
Sec. 3. And be it further enacted by the auaforesaid, That the b~iildingsnow ca1~~n~undthere~ed the lazaretto, and tl~e ground therewith rç~vithreserved, served and oecupied, and all the property and
~
~ estate of every kind whatsoever, now vested
health esta,-, in the present board of health, sl~a~l’
become
thisact,~ith and be fully vested in the board of health
~owerto etéct cQnstitut~d~y this act, i,inmediately and as
èeO
sooi’~a~the ~aine sl’~a1~be organised, for the
~ecorn~da.’ uses and purpQsç~fo~which the said board
tio~iof seais instltut~d~ncl es~ablish~d,and the sam~
shall be fully ‘and entirely under the direç~tion and management of the said board; and
• the, said board sha~1 l~ave power to erc~t
su~hbuildings on the lot or tract adjoining
the lazaretto, as to them may seem neces~
sary and proper, for the accommo~atio1’~
oft~ie
seamen and passengers who may arrive at
the lazaretto station in health, during the
p~rformancc o~such quarantine, or during
such detention ‘as may be enjoined by this
The expence act: Provided, Tha~tthe Cost of such build~
ofaiieh buildings U9t
ings shall not exceed in t~ewhole, ten thouceed ~1O,O sand dollars.
Sec. ;i~~
The 1az~rettothority
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Sec. 4. And be it further enacted by the authorhy aforesaid, That every ship or vessel
coming from any foreign port or place, bound thearrival of
to the port ,of Philadelphia, bet~reenthe first vessels
coming
from fores—o
day ~f May a~’id.the first day of ~ovenlLer in ports bound
every year, shall come to anchor in the river the
port of r
Philadelphia
Delaware, as near to the lazaretto as the draft
of water arid the weather svill allow, before
any part of the cargo or baggage be landed,
or any person who came in such ship or vessel
shall leave her, or any person be permitted to
go on board, and shall submit to the exaiiiinatjons herein after directed; and ifany master, ai~penalty
commander or pilot, shall leave his station be- for neglscting
fore the said lazm-ett~,or if any master or corn- the same
~uandcr shall permit or suffer, any part of the
cargo or baggage, or any person or persons
arriving in such ship or vessel, from any port
beyond the limits of the United States, to be
landed on either shore of the Delaware bay or
river, or suffer any person except the pilot
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come on board, before such examinatioi~
be duly had and a certificate obtaimied, as is
herein after specified, the person or persons so
permitting, and the person or persons so landing or going on board, unless imthinent dan-
j
ger of the loss of the vessel or lives of the
crew, shall render assistance necessary, being
thereof convicted, upon indictment or prose-.
cation under this act, by verdict, confessiorL
or standing mute, in any court having j urisdiction of the offence, shall pay a fine not ex—
ceeding five hundred dollars, to be recovered
and appropriated as is herein after directed
And it shall be the duty of the lazaretto phy- Lazar~tu
sician and the quarantine master, so soon as physicianana
any ship’ ~r vessel shall be anchored near the
j~it
lazaretto, between sun rise and sun set, im- vessels
~pediately, wind and wçather permitting, to
go
598 ~
~ii~ examine
~1C~
th
go on board the same, and there thoroughly,
examine in such form and manne’r as shall
~eealtho~”f
the be prescribed by the ‘board of health the said
‘~‘Y~
&c~
ship or vessel, the crew, passengers, cargo
for which p’n~-ai’id’ baggage on board the same, and to de-
inand answers under oath or affirmation, to
administered by either the said physician
quarantine master, who are severally here~ by empowered to administer the same, to all
~uch questions as ‘shall be put to’ any per-,
son on board such ship or vessel, touching
the health of the crew and passengers during
the voyage, and the nature’ and state of the
cargo its the board of health by their rules
shall from time to time direct to be asked;
they shall
but it shell be the duty of the per~o~~
so
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c~:amiuingupon. oath or affirmation, before lie
~e penalty on shalt pro~ectl therein, to make known to the’
on oath be
to,a~yi~ crzc’a
or
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person interrog~ited, tl’ic penalty imposed by
this act upon the person who shall give false
answers, under oath or afiirrnation to the
~t’iwhat cases questions prOposed in such examination; and
•if upon such examination it shall appear to
and per- the said phiy~ieian aud quarantilie mat;ter, that
~c~i~e
th~said ali~por vessel came from a port or
place, a~which no nialig’nant or contagious
disease p~vai~ecl
at the time of her depar-,
‘~,‘r?~
ques-
ture, that the persons on board the same are
free frorn every pestilential or contagious cliscase, the small pox and mea~ks excepted,
~wclthat the said vessel ha~had no maiignai~t
disease on board, either duringthe honiewaid
or outward bound voyage, or daring her coiv~
tinuance in a foreign port, and they shall t~ee
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no cause to suspect that the cargo or any part
thereof is infected, they shall forthwith deli*er to’ the master or captain of such ship or
vcs~el,a certificate of the facts, ~n such form
~ sl~ll b.~directed by the board of health
and
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and the’ said captain or master niay thi~ctipoñcapialni t~
proceed accordIng to his destinati~n,and shall ~
present such certificate at the health office in th~hezi~i,f:
Philadelphia, within twenty-four houl’s zifter his ~
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arrival and safely mooring there : But ‘if it !11eir arrival
shall ~rpeai to the sCud physician and qu~ir_
antine master upon such examination, that be d~ta~ncd
bf
~he ship or vessel came from a port or place ~
at which •a malignant or contagious disease quaranthie
prevailed, the said ship or vessel shall he dei.
~ained at the lazaretto for the space of tiven~ecntion
ty days, and the letter bag of the vessel when
purified, and ~ueh letters as the master, com~
,mander or pas~engersshall think proper to
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write to their owners, consignees or friends,
shall be transmitted to the health officer in
• Philaclelphia, who shall safely deposit the same
in the post-office, and the vessel and cargo ~ vezsel ‘a,icl
shi~llbe thoroughly cleansed, and all cloath-1~
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ing and big~ageshill be aiied and pwfe~ , ~
at the expence of the master, owners or con- rjhied~
signees of the vessel, and the goods respectively Pro’~,2d,~’datwc~ys, That wine, rums Spcci~cai~ott
salt, sugar, spir]ts, molasses, mahogany, wh~ehmay bd
thanuFacturcd tobacco, dyc-wood~ preserved forLhe’ithcon~
fruits, and such other articles as the board ~
health shall by their general regulations spe. e~a;
cify and permit, may be conveyed immediately to ‘the city iii lighters ; and at the cx- what vessels
~ñration of such quarantine, if it shall appear
to the said physician and quarantine master, may proceed
that no person has been sich ‘with a malig- to the clt1r;
nant or contagious disease, the small pox
and measles excepted, on board said ship or
~ressel, either during the voyage outward or
homeward, or during her continuance in a
foreign port, nor any of the crew or passen.
gers,~or other person from on board such.
vessel, during the performance of quarantin;
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and the said ‘physician and quarantine master
shall certify the said facts to the board of
health, and that in their opinion the vessel,
crew, cargo and passengers may be safely
suffered to proceed to the city, the said captain or master may proceed with the same
according to his destination, uiJess the board
of health shall deem it necessary to cause a
further detention of the said vessel or cargo~
or of the crew or passengers, or of any
baggage’ on board said vessel, in which case
~hc same shall be detained, until the board of
health shall authorise the same to proceed
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and enter the city, and upon the arrival of the
said captain’ or master at Philadelphia, he
‘shall present the said certificate of the physician and quarantine master at the health of•
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• fice, within twenty-four hours after his arrival; but if upon examination of any vessel
where vessels
by the said physician and quarantine masas aforesaid, br during the performance
quarantine by any vessel, it shall appear
prqceed to the ter
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of
Iter~c.’
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to the said physician and quarantine master,
that’ there has been any person sick on board
said vessel, with any mali~nan~
or contagious
disease, either during the voyage outward or
homeward, or during the continuance of the
vessel in a foreign port, or during the performance of quarantine at the lazaretto, or that
any person from ~on board such vessel has been
aft~ctedwith such disea’se, then in such case
the vessel shall not he suffered to ~proeeedto
the city until after the first day o,f November
• then next ensui~ng,and the cargo and baggage, except such part thereof as in the opin.
ion of the board of health may be supposed
• incapable of retaining infection, which said
part may be transportecP* to the city in light‘ci’s, shall be unladen and thoroughly cleansed
2’~ncpw’W~
in thu r~riginni,
and
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to
~ ~p~i~d; and the crew and ~asseng~r~
whj~liwere on board said vessel, ‘and the car~
go and baggage On board the same, o. any
part thereof’, except as before excepted, sha~l
not be suffered. to enter the city before the
~1rst day of. November, then next ensuing,
without the licence and permission of the
board of health to that effect first had and
obtained: Prb’~i~dednc~ertIcZess,
That suchyes- PrOvis
t1i~t
such ~‘esse1sb
9
~el or ship after she shall have been tho after being
roughly cleansed and purified~ if no malignant cleansed and
malignant
disease appear on board, may be allowed ,to no
disease
appearing on
take in freight at the la~arettoby means ofb~ may
lighters and proceed to sea; and if any master take in freight
or captain, or other person bn board of any andproceed
vessel, whicl~sl~all~
be ~amin~d agreeably to P~na1tyon
this law, shall not true answers make, to all captains
or
other persons
such questions as the said la~arettophysician giving.false
and quarantine master, or the said health of- answei~s
to
questions pto~
fleer or hospital physician shall ask agreeably posed by the
to this act, or the~rules which shall from time 1~arettopb.y~
time be established by the beard of health ‘ tine
sicia~i,quaianmaster
~orshall knowingly deceive or a~ternptto de- &c.
~ceivethe proper officers as aforesaId, in hi~or attempUog
to deceive
answers to their official enquiries, he having said officers in
been duty infQrmed and apprised of the penal~such answe~ss
ties imposed by’ this act, upon the person so
offending previous to his said examination, by
the person making such e~amination,such
person for each and’every such offence, on be~ngthçreof legally convicted, shall forfeit and
pay a~sum not exceeding five hundred dollars,
to be recovered and appr’opriated as is herein
after provided and directed, and. shall mor~over be sentenced to imprisonment at hard
labor, for any term not less than one year, and Pen~ity
a~
ne~
not exceeding five years: And if any captain captains
glecting
cr master of’ an~ship or vessel, shall neglect present
1~is
at
to prevent hi~cert~ficate.at the health office, cer.Jieate
the heaItl~
VOL. V.
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in any case in which he is herein before directed so to’ do, within the time directed by this
act, he shall forfeit and pay the sum of three
hundred dollars, to be recovered and appro~n i’efusi~gor priated as herein after directed; and if any
neglecting to
comply ‘witit Captain or master of any ship or vessel, or
the directione any other person on boaM the same, shall re.
of thelazaretto physician, fuse or neglect to comply with the directions
&c.
of the lazarctto physician and quarantine master, which shall be made agreeably to this act,
or the regulations of the board ofhealth, with
respect to the detention of any ship or vessel,
or t~elanding from on board the same, of
an~person or persons, or of any goods, nierchandize, bedding, baggage or cloathing, or
~hail refuse to carry the same into effect, such
person for each aud every such offence, shall
~‘orfcitand pay a sum not exceeding five himdred dollars, nor less than two~.hundreddollars,
to be recovered and appropriated as is herein
after provided and directed.
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eec. 5. And be it further ~enacted
by the au-
T
‘~. esse1sb9uml thorjty aforesaid, That any ship or vessel coni~
from a Foreign
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PIII~. ing form any port or place within the United
deiphia h~ States, at which said port or place the said
ing touched at ship or vessel had only called in, or touched
any nther port
within t~u. upon her arrival from a foreign port or place,
S. tobetreat- shall be liable and subject to all the rules, reedintlies~jn~ 1
~s
gusations and restrictionz of the preceeding
ve3sls a~rrivingsections of this act, and shall be examined and
diecctly d’om
a foreign port; treated as ~vellthe vessel itself, as the ;~argo,
crew, passengers and baggage on board, in the
same manner as if such ship or vessel had clirectly arrived ~t the lazaretto from a foreign
port or place, without having first touched at
proceeding~~ ~ port or place within the United States; and
case of veesejs
atriving ~
all ships or ves~els, as well vessels of war as
any port or merchant vc~cls coming from any port or
~1sce~ithia
place
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pia~ewIthfri~the Ut~iitedStates, sand bo~nd,‘tO~theU.S. be~
the port of- Philadelphia~between the first day t~h the firet
of May and the first day pf Nove~nberin every
year, and having on board ahy goods Or mer~~s~g on
chandize, the growth or produce ofany foreign.~~,.~
place
or country; or any person or porsons; of foreign
bedding or cloathing, from any foreign port ~ •
or place, shall come to anchor opposite the sald
lazaretto,
and shall be examined by the laz~
retto phy~icianand quarantine master, and it’
the captain or master of any such ship or yesseJ, shall produce su~chsatisfactory proof, tis
the board of health shall in that- case direct to
be required, that the said goods or merchan-.
dize have been landed in the United States
more than thirty days, and are free from dla~
ñiage, and that the said vessel, bedding, cloath.
~ng.and persons, are free- from the infec.tion of
any dangerous contagious disease whatever,
then and in that case the said physician and
quarantine master, shall give to the captain or
rna~terof such ship or vessel a certificate of
the ‘facts, permitting such ship or vessel to’ F°çeed to the city, which certificate the said captain or master shall present at the health office
In Philadelphia, within twenty—four hours af.
ter his arrival and safely mooring there, and
if he should neglect so to do, being thereof
legally convicted under this act, he shall be
sentenced to pay a fine of two hundred dollars, to be recovered and appropriated as is
herein
after directed and provided; and if the
said captain or master shall fail to pro~.nce
such satisfactory proof as aforesaid, of the
wholesome
state of the said vessel, gpods,
merchanclize, bedding, cloath5~i-igand peisons,
the said vessel, goods, mer~il~andize,bedding,
cloathing and personSe shall be detained at the
lazaretto, and shall be p~’oceededwith in. th~
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604
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s~n~ie
manner, and subject to the same orcleis
and regulations as are herein before provided
and directed in the case ofvessels coming directly from a foreign port or place and if the
captain or master of any ship or vessel, coin~ng from any port or place within the United
States, and bound to the port of Philadelphia,.
having on board any goods or merchandize,
bedding, cloathing- or persons as aforesaid,
shall refuse or neglect to come to anchor op~
posite the la~aretto,and shall pass the sarn.e
with intent to~proceed to the city, Withctut
examination by, and certificate obtained from
the said physician and quarantine master as,
aforesaid, he shall on conviction, forfi-it and
pay the sum of five hundred dollars, to be recovered and appropriated as is herein after pro~
vided and, directed; and the said vessel, goods,
merchancUz-e, bedding, cloathing and. persons,,
sh$l be sent back to the lazaretto, there to be
proceeded with in such manner as the board of
health, agreeably to. this act sbafl in that case
devise and, direct..
.
~roceedings
~
i~igfront the
~edtera,iean.
Sect., 6. A~zd’be ~-ji~rther enacted ~y:hc au~‘horiiyaforesaid, That every ship or vessel
coming from the Mediterancan, shall be sub~
ject to a strict examination, under similar rc~ulations and penaties as are provided in the
fourth section of this act, and if it appears
that the said ship or vessel came from any
place, where the plague exists, or haa spoken
with any vessel on hoard of which any Person
was affected with the plague ~ or ft’ any person is affected with the said disease on his
arrival at -the lazarettO, or has been afièc ted
during the voyage, the ~aid vessel shall not
be suffered to proceed to the city, the cargo
~nd baggage shill te ~nlad~d, and th~oroughly
~leansec.l
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cleansed and purified, and no part shall be
suffered to enter the city, without the permis~ion of the board of health first obtnined,’and
the crew and passengers shall perform a qua~
Y~li1tifleof twenty days: Frotilded neverthe?es~
rlhat such ship or vessel, after she shall have
been thoroughly c1eans~dand purified, may be
allowed to take in. freight at the la~u~ettq,
by
ineans of lighters, and proceed to sea.
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Sec. 7. And be it further enacted by the authority afbresqid, That any person or person~,Persons,
&e.
and all gooth, merchandize, bedding and coming
from
any foreign
cloathing, arriving at any port or place With-port or place
in the United States, from any foreign port infected
with
dis.
or place, at which any malignant or conta- malignant
ease prohibit.
~giousdisease, the small pox and measles cx- ed
eisteringfrom
the city
or
cepted, prevailed at the time of their departure, ~ ofPhior iii any vessel in which any such disease’~°-~P~
or
county of Dcexisted, whi1~tthey were on board the same, lawore, beare hereby prohibited from entering the city tweenthe
first
of Mhy and
or county of Philadelphia, or the county of November
Delaware, except the township of Tinicum‘ withoutper.
mission of the
at any time between the first day of May board of
-and the first day of November, in any year, health, &c
either by land or water, without permision
of the board 9f health first had and obtain.
ed, under the penalty of five hundred dollars, for each and every Ofiènee, and the for‘feiture of all such goods, merchandize, beddin~
or cloathing, to be recost~red and ap..
propriated as is herein after directed.
Sec. 8. ~4ndbe itfurther enacted by the authority
~forcsciid,That no lazaretto p~hy~ician,
Lnzaretto
qu~rantine master, or other officer or servant physician,
quarantinc
,Qf the said lazaretto, ~ha11absent himself master, &c.
:From the place of his duty, between the firs ott0O.bse,~t
~ themsei~~e~
.day of May and tl~eflr~tday --of November, from the place
of their duty
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between the on any pretence, for, any time whatsoever,
first ofMay
andNovember without. leave first’ obtained in writing from
~ithout leave, the board of health, under the hand of the
&c.
president or chairman for the tinie, attested
by the secretary, -and entered on the minutes,
under the the penalty of forfeiting his office,
and a fine of any sum not exceeding five
hundred dollars.
-
Sec. 9. And be it further enacted by the auDuty of the thority aforesaid, That it shall be the duty of
lazaretto phy- the lazaretto physician, immediately on the
aicia~,on the
arrival of any arrival of any ship or vessel, liable to be devessel liable to tamed at the lazaretto, in order to be cleansquarantine, to
cause thesick, ed and purified as aforesaid, to cause the
ifany, to be sick, if any on board, to be removed to the
removed to
the house pre. building which shall be appointed by the board
paredfortheir
health for their reception, and diligently
reception, to 0~
attend on and and impartially with his best skill, attend upon
administer ~ and administer med,ical assistance, to each and
them medical
aid, &c.
every sick person that shall be therein - lodg-
ed, and generally superii~tend,and cause to
be executed, such orders and regulations’ as
the said board shall from time to time ordain, for the government and management
of the lazaretto, and of the ve-sels, cargoes
and persons under quarantine.
Sec. 10. And be it further enacted by the au-
Of the qua- thority aforesaid, That it shall be the duty of
rantine master,
the quarantine master, immediately after the
to cause yes- arrival of and examination as aforesaid~ of
~e1sperrorm. any ship or vessel, liable to be detained at
ing quarantine
to be moored the lazaretto for purification aforesaid, to
,seartlie.Iaza- direct and cause such ship or ve’~el to be
retto at apropel, distance properly moored near the lazaretto, at such
from other
vessels, ~
distance from any other vessel or vessels unbedding, &c. der quarantine, as may preventthe communi~bem’ein
to be
lantied, aired, cation of any infectious disease to or from
the
[
607
:i
the same, and the cargo, bedding and deathing, or any part thereof contained in such
ship or vessel, to be landed, cleansed and
purified, under the direction of the lazaretto
physician; and it shall be the particular duty ~
of the said quarantine master, to prevent any tween persona
personal intercourse between the person& on
board diflerent vessels under quarantine, and underqmmaranfor that purpose to take possession of, and t1lt~,.&C.
secure the boats of such vessels, until their
respective terms of quarantine shall be cornpleated, to pr~serveand enforce order and
obedience to this act, and all such orders
and regulations as the board ofhealth, shali
from time to time ordain, for the government and management of the lazaretto, ai~d
the persons, vessels and cargoes under quarantine.
-
-
-
Sec. 11. And be itfurther enacted by the authority aforesaid, That it thall be the duty 0f0fth~0~p~
t
the hos~iitalphysician, upon receiving infor- ~
Ination from the health officer, or other per~ezaminevessuspected
son whomsoever, that any person or persons sels
to be infected
on board of any ship or vessel, in the port by
contagious
of Philadelphia, is or are afflicted or sus-disease, &c.
pected to be afflicted, with any pestilential oi
contagious disease, or that there is just cause
to su’pect the cargo, or any part thereof,
contained in any such ship or vessel, is infected
with any such dis~ase,the said physician in either of the foregoing eases, shall
visit and carefully examine such ship or vessel; and if he shall discover any sick person proceedings
or persons on board any such ship or vçssel, andpowers nf
he shall thereupon have and exercise the authority, to direct such sick person or persons such ccm:t~.
to be removed to the said lazaretto, or to some
other safe place \vhi~hmay be specified by
the
I ~
~
the board c-f health, and the said physiciaii
shall without delay, repo*t the state of said
vessel, cargo and crew to the boaTd of health,
who shall direct arid determine how the crew,
passenger3, vessel and cargo shall be disposed
of and managed, for the restoration of their
health and purification, and on the arrival of
any ship or ve.~se1in the port of Philadelphia,
from any foreign port or place, from th~
first day of November in any year, to the
first day of May in the next succeeding year,
it shall be the duty of the said phy.ician~
Vrovided such ship or yes el shall not have
been previously visited and examiusd, by the
lazaretto physician and quarantine master, and
before any of the passengers, crew, cargo or
baggage are landed, to -visit and carefully examine such ship or vessel, in manner and forni
as the said lazai-etto physician and quarantine
master are bound to do; and to demand answers under oath or affirmation, to be adminis‘tered by the said hospital physician, ~ho is
hereby empowered to administer the same,
~tndif the crew, passengers, vc~seland cargo be in a healthy state, and if there shall
be no ground to suspect that any of the crew
or passengers have died in the voyage, of any
dangerous contagious disease whatever, or
-
that the cargo, bedding or cloathing is in,
fected, then and in such case the said phy.
sician, shall give to the master or conirnan’
der a certificate of the facts, which the said
master or commander shall present at th~
health office within twenty-four hours after
such examination, and if lie shall neglect so
to do, being thereof legally convicted under
this act, he thai! be sentenced to pay a fine
of two hundred dollars, to be recovered and
~propriated
is herein after pi’ovide4 and
directed;
609
•I
t1~rected;and if on examination any suspicion
shall arise in the mind of the said physicians
touching the health of tb~crew or ~assen.
gers, or the infectious state of the vessel,
c~irgo,bedding or cloathing on board, 110
p~trtthereof shall be landed, but the said
physician shall immediatel3r rèpbrt the same
to the board of heaIth~who shall direct ahd
determine what theasures shall be pt~rsued.
telative thereto, and the said physicia~i~ipbn
request of the health officer or thc board of
health, shall from time to time, visit and ~xamine such houses and peFsons, as the said
board or the health officer shall hayc reason
to suspect are infected with any dangerous
contagious disease, and miike report thereof
to the said health officer4
-
-
Sec. i2~And be it further ~‘nacted
~j the authorty aJbi-~azd~That It shall be tile duty Ddtyof the
of the health officer, at seasonable and pro~~dtht
oil1cer~
per hours on each day, (Sunday excepted)
th open and keep a public office, at ~uch to i~p
place !I1 tile city of PhiiadeI~hiao~5ceinth~
city,
as shalt be directed by the board of health,
whereat all masters or captaius of ships or bus~n~~
~obe
COflVefl]eflt
-
.
vesse1s~ shall deliver the certificates or bil1~trauzact~1
of health to them .granted by the la~arettothe~t;
‘physician and quaratine master, or hdspital
physician as aforesaid~ and the board ofhealth
shall there assemble, and meet as often as
they deem needful, for the pur~$se ~f cxccuting
the duties and trust of their appointment and the said health officer shall file to die b~lhof
~tnd preserve in good order, all the certifiQates ~
~r bills of health so delivered, and shall keep
a register of the ships or vessels, and the pu~pr~rtoft~
names of the captains or masters, owners orregist~
tonsign~es,for which the same were respecV~i~
V~
4 I
~ave1y
-
-
C
610
]
tivcly granted, the port or ports from which
the ship or vcssel respectively sailed, or at
which they touched during their respective
voyages, and the number of pci-sons on board
th~i’eofrespectively, at the time of’ their leav-
-
ing their respective ports of departure, and
also at the time of their arrival respectively
teattend the at the port of Philadelphia; and the said health
niectings of
ificer shall attend the health office, at tile
the board of 0
health,
meetings of the board of health, and at such
other times as shall be requisite for dis~
to execute the charging the duties of his appointment, and
regulations of
the~board; generally enforce and execute the regulations
and to recover and instructions of the board of health; and
and collect pe~it
nalties andforfeitures,
to
shall be tile duty of the said health officer
collect, recover and receive all forfeitures
and penalties imposed, and sums of moneydirected to be paid by this act.
Sec. 13. 4ndbe it fnrthc;- enacted by the at:every diseased person
to the lazaretto, by
Patients to be thority afoi’esaid, That
kcptandniaintainedatthe duly landed or sent
lazaretto ‘till either of the aforesaid
discharged; master or the health
-
~roceec1ings
andpennl?v
theiee lopi~g
-
cer
-
physicians, quarantine
officer, shall be thci-e
kept and maintained, until the lazai-etto physician shall grant him or her a discharge in
writing; and if before obtaining a discharge
as aforesaid, any such person shall elope or
otherwise absent himself or herself from. the
lazaretto, it shall be lawful for tile health offior any- constable or other person, whom
he ~haiI call to his assistance, and they are
hereby enjoined and required, to lend such assistance to pursue and apprehend the person
so escaping~ or absenting himself or herself
from the h~aretto, and there again cle!iv~r
him or hei-, to be detained until he o~-she
be duly discharged as a-foresaid, and moreover
the person so eloping and absenting himself
or
-
I
61.1]
or herself, shall for each and every offence
forfeit and pay the sum of one hundred dollars, or sufl~r such other punishment by confinement, not exceeding three months, as the
board of health shall ordain and award; and jfp~ty
on
masters ofyeaany master or captain shall knowingly receive, eels orhouse.
O~’ employ on board of his ship or vessel, or keepers barbouring such
if any house-keeper or other inhabitant of runaways:
ti-us commonwealth, shall knowingly receive,
harbour or in any way entertain, any person
so eloping or absenting from tile Jazaretto,
each and every master and captain, and each
and every house-keeper or inhabitant so respee
tively offending, shall on being thereof legally
convicted, forfeit and pay a Sum df two hundred dollars And if any person arrivIng in or Penalty onpcrr
sons dctainisd
belonging to any ship or vessel, detained at tile at the lazaretto
lazaretto as aforesaid, shall elope or absent eloping before
liiniself, without having ‘obtained a discharge discharge;
obtaining a
signed by the lazaretto physician and quaran—
tine master, or if any person other than those
detained at the lazaretto as aforesaid, shall go
On board or along side of any ship or vessel
whilst under quarantine as aforesaid, or if any on pci-sons not
person not authorised by the proper officer authol-ised
lug within go-.
the
shall go within the limits of the lazaretto, Such flniits of th~
person or persons shall perform such qu~I’an~
lazarettq
tine as th~board of health may direct; the
-
person so offending U~OUlegal conviction of
such offence, shall forfeit and pay the sum of
two hundred dollars, to be recovered a~dap~
propriated as herein after directed: And if any011 patients~
-
diseased or other person landed and sent to the &c, at the in-.
Zaretto not
lazaretto, by any officer having authority to do obeying the
the saine, QI~any persoi~arriving in or belong~direcnoi-is of
lazeretto
lug to any ship or vessel detained at the la~a.pthe
hysician,
&c~
retto as aforesaid, shall refuse or neglect t~
obey the directions of the lazaretto physician
or ~uara~t~iie li~asterrespectively, agreeably to
thia
-
c
612
]
thIs act, and the oi-ders and regulations by the
board of health, which shall from time to time
be ordained, and established, for the ~overn~
~nent and management oftile lazaretto, and the
persons, vessels and cargoes under quarantine,
the person so refusing or neglecting shall for
each and every offence, on being thereof legal-
ly convicted, forfeit and pay the sum of two
hundred do11ar~,to be recovered aixi ~ppro.
~riated as is herein after directed.
Sec. 14, Al7d be itfurther enacteçl’by the authouity aforesaki, That when any vessel shall
d~pbr~
with come up to the city of Phila’lelpbia, or the
n’~ert:flcateofshôi~èaT South%vark, or of the Northern Liber~
ties h~the river ~elaware, althbugh the said.
suspicion;
‘vessel may have obtained a certificate of health,
I-onx the lazaretto physician a~d quarantine
master, or the hospital physician, if the said
vessel shall appear to tile board ofhealth to be
infected with any contagious disorder, dangerous to the community, the said board are hereby authorised to order the said vessel, to, the
lazaretto, there to undergo thç necessary purification, befoi-c she shall be permitted to re~
-
~ vessels
~a~e~r:
fect~dpart of
~te i~hore~.
-
çí the-city
)~p;tal,
turn to the city or shores aforesaid; and the
said board are hereby authorised and em~owcred, to removeany vessel or vessels from such
part of the city or shores aforesaid, as shall b~
infected with such disorders as ‘aforesaid, ~o.
such convenient distance as they may deem.
proper, although such vessels may not be infected.
Sec. 15. And be jt furthez~’enactedby the. az~.
thorjty aforesaid, That the messuages ai~idlots,
commonly called tile city hospital, sit1~ateol~
ihe nOrth side of Sassafras-street, and east side,
of the river Schuylkill, shall cOntinue to be
held
j
613
:i
held as a public hospital, for the township of
the Northern Liberties and Moyamensing, as
well as for tile city and district of Southwark,
~~til the board ofhealth shall procure and pro-.
vide a more convenient public hospital for the
purpose aforesaid; and all persons other than rsnns inpersons on board of any ship or vessel, and
a
~‘
liable to be sent as aforesaid tQ the lazaretto, disease in the
iesidiiig withir~the city of Philadelphia, the ~
district of Southwariç~the townships of’ the moved and
Northern Liberties and Moyamensing, who Irintalned
shall be afflicted with any pest~Ientialor contagious disea~e,(the small pox and measles
excepted) may upon the advice and order of
the hospital physician, or any other physician5
or
person authocised by the board of health,
to
grant such order, to be rern~oved by the
health officer, and such assistance as he shall
for
that purpose employ, to the said public
hospital, or to sucli other place as the physi~
(.cian or board of health shalt approve, if the
j~ersonafflicted with any contagious :or pestilential disease, cannot be properly and suffi~ientlyattended at home, there ~ç be lodged,
nursed and niaintained, and, kept until du1~
discharged, by a Permit ill writing signed by a
physician of the said public hospital Provided
al-ways nevertbcles.~,That each and every pa- The expences
tient, and his or her estat~real ~in4 personal, ~~ow
y’ ~hal1be lia~bleto pay, satisfy and reimburse all ed
tile charges and expènCe, Ofl his or her account
incurred in the said public hospital, unless the
hoard of health award that be or she shall be
,~
e~wneratedor exempted therefrom.
Sec. 16. And be it further enacted by the authority aforesaid, Tha whenever the said ipoard, Proceedings
Qf health shall receive information, that any C
contagious disease rages in any port or place. ea~ergc~n
withi~
-
- -
.‘
1
Ste
614
1
within the United States, or on the colitinent of America, they shall make diligent
enquiry concerning the same, and it ~ha1land
may be lawful for the said board, to prohibit and prevent all communication by land
and water, with such infected port’s or places,
by stopping all vessels coming into the port
of Philadelphia, and at and before the lazaretto~in the same manner, and under the
same penalties and forfeitures, as are hereby
provided in case of ves~els coming from foreign ports; and by stopping all persons corn-
ing from such infected places, in such manncr as the circumstances and exigencies of
s~r~tmntlica- the
case shall require; and the said board of
~~~01health
are hereby authorised and required,
the c.ity,&c. whenever a fever of a contagious nature shall
h~)wt~Ise appear, in any part of the city of Philadelphia, tile di.. trict of Sourhwark, or the townships of the Northern Libertied or Moyarnensing, to adopt without delay, such prompt
measures
as will elTectually prevent all coinmunication, between the part or parts so infected, and any other part of the city, district or townships afore:~aid; and all judges,
justices,
sheriffs, constables and other civil
officers and citizens of this state) are hereby
authorised and empowered, enjoined and required, to aid and assist the said board and
their officers, to the utmost of their power,
in carrying into effect such rules, orders and
regulations touching the stoppage of such intercourse, or removal of the infected, as the
board shall ordain and publish.
See, 17. And be it further enacted by the anthority aforesaid, That whenever by means
jj~ec~td
with aforesaid, or by the report of the hospital
a con~z&i~kus phyrician, or any other physician appointed
by
Pr~v&m
r
615 ]
by the boaid ofhealth, (whom the said board cIi~ea~e
w~thi~t
are hereby authorised to send to places or
houses suspected to be infected) it shall come
y
to the knowledge of the said board, that any
person within the city of Philadelphia, the
district of Southwark, the townships of the
Northern Liberties or Moyamening, is afflicted.
with any contagious disease, dangerous tc~
the communIty, it shall and may be lawful
for the ~jaid hoard, to take order for preventing the spreading of the contagion, by forbidding
and
preventing all commtmication
with the infected house or family, except by
means of physicians, nurses or messengers, to
convey the necessary advice, medicines and
-
provisions to the afflicted, and shall exercise
all such other powers, as the circumstances
of the case shall requiie, and as shall in their
judgment be most conducive to the public
good, with the least private injury.
(
Sec. 18. And be it further enacted by the azithority aforesaid,. That if any person shall obstructing
l~na~tyon
o~
obstruct, or resist the board of health, or any ~-~~istiti~~
of the members thereof, or any person by btar~Iof
them appointed in the execution of the powers to them given, or in performance of ditties enjoined on them by this act, and the
rules ax~idregulations of the said board, such
person shall on being thereof legally convicted, forfeit and pay a sum not exceeding five
hundred dollars, to ,be recovered and appropriated as is herein after directed, and if after
the expiration of the quarantine, any mariner
or other person, who shall have complied
with the re~uiations,hereby established, shall
commit any violence on the person of a member of the board of health, or any of the
officers attached to the same, fo~any thing
done
-
-
C ~‘o ]
-
done in the execution of his duty, such perk
son shall be subject on coT1vict~on thereof,
to a fine of two hundred dolIar~,and shall
also be sentenced to imprisonment at hard
labor, for any term not exceeding three
years.
-
Sec. 19. And be it further enacted by the auaforesaid, That for payment and satis~ faction of all forfeitures and penalties, which
virtue ofthis are imposed by this act, and all sums of morecovered, be ney directed by this act to be paid, it shall be
the duty of the he.tlth officer to sue or prod
secute, and the same to collect, recover and
receive, and the same shall be reco-’~rerablebefore any alderman, justice of the peace, or
•court of justice having lawful jurisdiction, to
the amount ofsuch forfeitures, penalties and
sums of money respectively, or in the case
or upon the offence upon which the proceeding shall be had, and tile same when reeo~
to ~
to th~vered and received, shall be appropriated and
ofthe in. shall inure to the use of the institution, Un—
stitution,
cler the management and direction of thø
Pensitics, for- thority
board of health; and 110 citizen or inhabitant
of the city of Philadelphia, tile district of
be Southwark, OF tile townships of the Nortilern
from siting as Libci-ties or Moyamensin~, shall be disquahi~j~” fled from sitting as ju~gesor jurors, or
common inte- from giving testimony respecting any of the
i-csttherem. offences mentioned in this act, by i-casoii of
his, her or their common interest, in the appropriation of the sum or Ilenalties imposed
for such offence, nor shall any member of
the board of health, or any officer intrust~d
with the execution of this act, or any part
but
i,-ihabit~ntof the
thereof, be disqualified from giving testimony
respecting any of the said offences~
Sec. ~iO.
t
617~
sec. ~O. And be it.further enacted by the auIhori& ajo~esaidThat dli actions
Or pro ~~imit~ti~tt
•
icr bringmg
tions to be commenced again:~tany thaster, action.~, cnd
captain, d-~neror consi~nee,of any ship or procedings
therein
vessel, or other person by virtue of this act,
shall be brought within t~elv~months nexç
after the cbinrnission of the offence where- ,
•i~)ithhe is charged, and if any action or suit
shall be commenced, against any person or
persons for an~ matter or thing conlrnitted
in violation of this art, the defendant ot~de~
fendants
may pl~itdthe general i~ue, ai~d
give this act ai~dthe special matter in ‘eVi~ence, at any trial to be had thereupon~
-
•
•
.
-
•
~ec- 21. And be itfufthère~zavtedby di~a~t~hori~
afo,~esaid,.That it ~hal1.be the duty of Pro~Wo~i
I~or
ithe saia
board of health, to ~atise all Gifensive or pui~ridsubstances, and ~tll ttuisa’nces nrbs~
which may ‘ha’ve a tendency, hI their opinion,
~tbendanger th~-health of the cItizens, ‘to b~
rembi.red from t-h~streets, lanes, a1ley~,1lJgh~
‘~Vays, ~harves,~ ~i~~ksor any other p~trt àr
parts o~-the dt~yof -~hiiadelphia, the d1s~i-ict
of Southwar~ and the tOwnships of the ~bi~
them Liberties and Moyamensing, and to
• cause such of the privies within the limits
aforesaid, to be eth~ded ot corrected with
1~lirne o’r otherwise, at the e~rpenceof the in~dividuals, who are -~wners ofThe -houses to
which the said privies are appurtenant, ~tsthe
said board shall from time to ‘time, deem
necessary, for tile health of the inhabitants
thereof; and ‘if t-he owne~sor occ~ipiers of ‘the pei~n1~y
~r
•~rethise~s~
‘o~i
winch
any
nui~ance
may
be~~~t
er
r-.
c~l-c~oc~
*ound, shall on due notice thereof being gw~n, refuse or neglect to have the tame un•:rnediately removed or corrected as aforesaid,
he, the or they ~o refusing or neglecting, ~hail
• YpL~V.
4 K
foi~teit
-
-
•
-
-
•
~
-
Ww~-ein the cr~i al,
i:
618
~
forfeit and pay for such offence, any sum n~t
less than twenty nor more than two hi~ndred
dohlai’s, to be recovered and appropriated as
•
by this act is directed.
-
Sec.’ 22. And be it further enacted by the auforesaid, That for defraying the cx-.
to be incurred, in erecting and sup-.
porting the said lazaretto, and fon- carrying
~‘uud to be thou-ity
raised for ;he pences
this act,
-
•
into complete effect tile other provisions con.~
tamed in this act, tile said boaid of health
are hereby authorised and empowered, by
and with the C0flSCfl~ of the mayor or recorder, two alderii~nand two ju~ticesas aforesaid, to levy and collect by tax, on the estates and inhabitants of the city of Philãclel—
phia, the district of Southwark, and town-
ships of the Northern Liberties and Moya~
in the same manner, at tile same
rates, and under the same regulations, as the
coupty rates and levies are Or may be by
lnensmg,
law levied and collected, suóh stuns annually
as the said board by and with ~he cohsent
at’ the mayor or recorder, two aldermen and
two justices as afore~aid,shall, deem necessary for the use of the said institution; provided the same does not exceed the sum of
forty thousand dollars, and tile said board of
health are hereby authorised and empowered,
to borrow upon the credit of the taxes afore~
•
said, such sum or sums of money as may
be thought necessary for the benefit of the
.~aidinstitution.
See; 23. And be it further enacted by the au-.
thority aforesaid, That at any time between
to be reported the fifteenth and twenty-.flfth days of Decemto the d
ber yearly, and every year hereafter, the board
~ei~
of health shall report to the Governor tile
amount
C?tU~~
~
L
619
]
amount of taxes which may be levied, the
monies received, and the monies expended
in pursuance of this act, and generally an
exact and circumstantial account of the institution, and shall publish the same in one
or more newspapers printed. in the city of
Philadelphia.
Sec. 24. Azd be it further enacted by the authority aforesaid, That no pilot bringing a Pilots brinrship or vessel to the lazarettó, in an apparent
~
state of good health, shall be obliged to per- iealthy not
form quarantine, but the lazaretto physician
,q~
shall grant such pilot a certificate, permitting
him to proceed to the capes of Delaware, in
order that he may prosecute his profession, but
such pilot shall Ilot on any pretence come into tile city ofPhiladelphia, the Northern Liberties, the district of Southwark or township of
Moyamensing,’ for thirty days fl-em the dat~
of such certificate,, under the penalty’ of Onehundred doihirs, and also of one year’s imprisonunent, which penalty shall be recovered and
applied in the manner herein before directed;
and any pilot bringing to the said Iazaretto~a w thevbi-ing
ship or vessel infected, or suspected to he in. suspected
fected with any pestilential or contagious dis- 1axidat~the~
ease, may be permitted to go and remain on lazaretto, &o.
shore within -the boutuds of the lazaretto, during the time tile ship or vessel brought thither
by him shall be detained under quarantine:
Provided ~-jlways,That if the said vessel shall if they’~ei~be infected with any such disease as aforesaid, fected
to
he shall be detained and treated in like man-i be treat
ncr, as seamen or passengers so infected are
herein directed to be detained and treated
And provided further, That‘if he shall go without the bounds of tile lazaretto, he shall be
liable to the sanue penalties, as are by this a~t
•
iniposed~
-
-
~
620
J
imposed on seamei~qr passengers escaping
therefrom.
Sec. 25. And be itfurth~renacted by the auL~mkationo± tharity. aforesaid, That this act shall Continue
act
in force for three years, and. from thence to
the end of the next session of the ger~eral~
sembly, and no longer.
~1MQN SNYDER, Speaker
of t/.e ll~usc~f Rcprcsentatives~
RQ~ERTWHITZH~LL., Speakqr
of the Senate.
ArrRov-ED’—-.April the fic~t,1803:
THOMAS M’KEAN, (~overnor
of the Commonwealth of .Pcnnsyl’vania~
cHAPTER
CLX~IVI
4n ACT to, vest it~the- devisees of James~
Farrock, deceased, suchparts of the forfeited
estate of ~obn F~rr9ck,which’ have not bee~z
,cold by this C~n~n,~onv~calth.
it hath been represented to
the legislature, that a small portion of
WHEREAS
the estate of John Parrock, deceased, forfeited
~y 1-us attainder hath never been sold on behalf
o~tl~me commonwealth, and Richard Smaliwood
~nd’ oth~rs,heirs of the said John Parrock,
have ~rayca that the same may b~vested ii~i.
them: The~efpr;
Section 1. .& i~enacted by the Senate. and
,Hoj~seof Repreientatives of ;he cornmpnwealth
~fPennsylvania, in Genera~’Assembly met, and
~çis hereby etuweed by the authprity of the same,