USA > New York > Civil List and Constitutional History of the Colony and State of New York > Part 24
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1 See Council of Revision.
5
200
REVISION AND CODIFICATION OF THE LAWS.
corporation or of a local nature as were most useful to be known." The first volume was also to contain the Constitution of the United States and the Constitution of the State of New York. The com- pensation of the revisers was fixed at $850 each. The result of their labors was the Revised Laws of 1802, commonly known as Kent and Radcliff's Revision.
William P. Van Ness and John Woodworth were appointed by chapter 150 of the Laws of 1811, to collect and reduce into proper form, under certain titles of acts, all of the publie acts of the Legis- lature then in force, redneing into one aet all acts or parts of acts relating to the same subject or place, which in their judgment would be most useful and render such acts more plain and easy to be under- stood. The work when completed to be reported to the Legislature for re-enactment. Two years was allowed for the completion of the duties assigned to the revisers, whose compensation was fixed at $1,000 each. The result of their labors was the Revised Laws of 1813, the publication of which was directed by chapter 195 of the Laws of that year.
An act of the Legislature passed November 27, 1824, appointed James Kent, Erastus Root and Benjamin F. Butler with substan- tially the same powers as the revisers of 1811. Their labors were required to be completed within two years, the compensation of the revisers was fixed at $1,000 each. Annual reports of the condition of the work were to be made to the Legislature. The act further directed that the Secretary of State should cause the work to be copyrighted according to law, for the benefit of the people of the State. Chapter 324 of the Laws of 1825 repealed the act of 1824, and appointed John Duer, Benjamin F. Butler and Henry Wheaton as revisers, with the same powers, duties and compensation as their predecessors. The time for the completion of the work was limited to two years. In 1827, parts one and two of the Revised Statutes were submitted to and adopted by the Legislature, and the time for completing the work extended one year. In 1828, parts three and four were submitted to and adopted by the Legislature of that year. The labors of the revisers terminated with the enactment of the Revised Statutes.
Articles 1 and 6 of the Constitution of 1846 directed the ap- pointment of two Commissioners for the revision and codification of the statutes, and required the Legislature to pass the necessary acts for the purpose. In conformity therewith, by chapter 59 of
207
REVISION AND CODIFICATION OF THE LAWS.
the Laws of 1847, Reuben II. Walworth,1 Alvah Worden and John A. Collier," were appointed Commissioners to reduce into a written and systematic code the whole body of the law of the State, or so much thereof as they might deem practicable and expedient, and to present the same to the Legislature for adoption. April 10, 1849, a new act $ was passed, appointing John C. Spencer, Alvah Worden and Seth C. Hawley, "Commissioners of the Code," to hold office for two years. The compensation allowed the Commissioners was $2,000 per amunn each., The office was abolished by chapter 281, Laws of 1850.
The Conunission required by article 6 of the Constitution was provided for by an act4 passed in 1847, appointing Arphaxed Loomis, Nicholas Hill, Jr.,5 and David Graham," Commissioners on Practice and Pleadings," to revise, reform, simplify and abridge the rules, practice, pleadings, forms and proceedings of the courts of record of the State. The result of their labors to be reported to the Legislature. The term of office of the Commissioners was limited to February .1, 1849, and their compensation fixed at $2,000 per annum. The Commissioners submitted a draft of an act to the Legislature of 184S, which on April 12 of that year was enacted into law; a later act designated it the " Code of Procedure." The statute subsequently known by that name, however, is a substitute consisting of the Code of Procedure of 1848 with additions and amendments, prepared anew by the Commissioners on Practice and Pleadings and submitted to and enacted into law by the Legislature of 1849. An act" of the same year extended the terms of office of the Commissioners until April 1, 1849. The same Commissioners were, by chapter 312 of the Laws of 1849, appointed to further revise, re- form, simplify and abridge the rules and practice, pleadings, forms and proceedings of the courts of record, and report thereon to the next Legislature ; at the session of 1850 the Commissioners reported the " Code of Civil Procedure," and the " Code of Criminal Pro- cedure," neither of which were acted upon by the Legislature. David Dudley Field, William Curtiss Noyes? and Alexander W. Bradford were appointed Commissioners to reduce into a systematic code the whole body of the law of the State, excepting those portions previously reported upon by the Commissioners of Practice and Pleadings; by an act of the Legislature passed April 6, 1837. The term of office of the Commissioners was fixed at five years, but was extended to April 1, 1865, by an acts passed April 23, 1862. No
1 Dechned to serve, Anthony L. Robertson appointed May 13. 186.
2 Resigned, Seth (. Hawley appointed by joint resolution of the Legislature January Is, 1848.
4 Chapter 59 Laws of 1847.
3 Chapter 312, Laws of 1519.
5 Resigned, David Dudley Field appointed September 29, 1-17.
6 Chapter Is, Laws of 1st9.
7 Died December 23, 161
8 Chapter 400, Laws of 1-02
هه
208
REVISION AND CODIFICATION OF THE LAWS.
compensation was allowed to the Commissioners for their services. In 1860, the Political Code was submitted to the Legislature, and in 1865 the Civil Code and the Penal Code, neither of which were adopted.
By chapter 33 of the Laws of 1870, the Governor was authorized to appoint, by and with the advice and consent of the Senate, three persons learned in the law to act as Commissioners to revise, simplify. arrange and consolidate all statutes of the State, general and per- manent in their nature (omitting redundant and obsolete enactments), and make the necessary alterations, to reconcile contradictions, supply omissions and amend imperfections in the original text. The statutes as revised and consolidated to be submitted to the Legisla- ture for its action. The time for the completion of the work was limited to three years. The salary of the Commissioners was fixed at $5,000 per annum each. Vacancies in the Commission were to be filled by the Governor and Senate. Chapter 541 of the Laws of 1872 extended the time for the completion of the work two years. By an act passed May 9, 1873, the Commissioners were anthorized to incorporate into and make part of the revision the Political Code, the Penal Code, Code of Civil Procedure and Code of Criminal Procedure reported to the Legislature pursuant to chapter 266 of the Laws of 1857. In 1874 (ch. 213) the tenn of office of the Com- missioners was again extended two years. An act passed June 7, 1875, authorized the Commissioners to include the Civil Code in the revision.
The terms of office of the Commissioners expired by linntation September 30, 1877. The result of their labors was the enactment into law of the "Code of Civil Procedure." In 1881 the Legisla- ture adopted (ch. 442) the Code of Criminal Procedure, and (ch. 676) the Penal Code.
COMMISSIONERS.
COMMISSIONERS.
APPOINTED.
WHOSE PLACE.
COMMISSIONERS.
APPOINTED.
WIIOSE PLACE.
Francls Keruanl ... Amasa J. Parker?
Montgon'y II. Throop Nelson J. Waterbury3 Charles Stebbins, Jr. I.
Mch. 23, 1870 Mch. 23,1570 Mch. 23, 1570 June 2. 1570 Jan. 12, 1572
Kernan. Parker.
Jacob I. Werner5 ... . Sullivan Caverno Alex. S. Johnsont. ... James Emott
Mch. 22, 1872 Mch. 3, 1875 3,1576 Mch. 3,1875 May
Waterbury. Stebbins. Werner. Johnson.
1 Declined.
2 Resigned May. 1-71. 3 Resigned March, 1872. 5 Resigned April, 1875.
4 Resigned January, 1875.
6 Resigned Dee. 10, 1875, having been appointed Judge of U. S. Circuit Court.
3
QUARANTINE. 209
COMMISSIONERS TO REVISE BANKING LAWS.
Chapter 170 of the Laws of ISS0, passed May 5, authorized the Governor by and with the advice and consent of the Senate to ap- point three persons as commissioners to compile and revise all stat- utes of the State of New York then in force affecting banks, banking and trust companies. The Commissioners received no compensation for their services. The result of their labors was re- ported to the Legislature of 1SS2, and on July 1 of that year was enacted into statutory law as chapter 409 of Laws of 1882, a repeal- ing act accompanying such report was also adopted, which repealed all prior laws relating to banks, banking and trust companies.
COMMISSIONERS.
COMMISSIONERS.
APPOINTED.
WHOSE PLACE.
COMMISSIONERS.
APPOINTED.
WHOSE PLACE.
Grorge B Sloan 1 Willis S. Paine .....
May 18, 1850 May 18, 15-0
David C. Van Cott Walian Dowd
May 15. 1490 Jan. 12, 1:51
Sloan.
QUARANTINE.
As early as 1647 the Council, by publie acts, adopted measures to prevent the introduction of epidemic diseases in New York. An order of His Majesty's Council was issued in the year 1714 directing that vessels from Jamaica should be quarantined at Staten Island, and in 1716, this order was extended to all vessels from the West Indies. The Colonial Legislature of the State enacted the first quarantine law for the harbor of New York in 1758. It was entitled "An act to prevent the bringing in and spreading of infectious distempers in the Colony," and stipulated that vessels having small-pox, yellow fever, or other contagions diseases aboard, should stop on their way to the city at Bedloc's Island, and there be quarantined, under heavy penal- ties for disobedience. In 1784, the State Legislature re-enacted this law, substantially. In 1794, it authorized the Governor of the State to appropriate Governor's Island for quarantine purposes, erecting hospitals, reception buildings, ete. Five years later Staten Island, six miles down the bay, was designated by the Legislature, instead of Governor's island, as the place for quarantine, and full authority was given for securing anchorage grounds and erecting a hospital upon the shore, to be known as the Marine hospital.
In the year 1801, the quarantine establishment, such as it was, was fully located at Tompkinsville, Staten Island, where it remained for
1 Resigned.
27
210
QUARANTINE.
inore than sixty years, subject, during the latter part of that period, to the control of the Board of Health Commissioners. With the increase of population in the vicinity, a bitter hostility developed toward the quarantine institution ; which became so intense upon Staten Island, that the Legislature, in 1857, authorized the appointment of three Commissioners to select a site elsewhere, and erect the necessary docks, buildings, etc. The Governor appointed George Hall, Egbert Benson and Obadiah Bowne, who were the first Quarantine Commis- sioners, they selected Sandy Hook, as the point for the new boarding station, but were unable to effect a purchase from New Jersey. They then selected Seguin's Point, on the south shore of Staten Island, and proceeded to erect a pier, buildings, etc. The people in the vicinity, however, turned out in a body on the night of May 6, 1857, and burned everything connected with the new station. Another application to obtain Sandy Hook also failed, and the old station at Tompkinsville was continued in use. Incensed at their fail- ure to procure a removal, the surrounding population invaded the quarantine inclosure on the night of September first and second and destroyed all the buildings and other property, for which the county subsequently paid the State, in accordance with the law making any county, within which property is destroyed by a mob, liable for the loss. Following this destruction of property, the com- missioners decided to construct a floating hospital. They, however, subsequently reconsidered such determination, and December 21, 1858, recommended the construction of five acres of land on " Old Orchard Shoals, in Raritan bay, to form a site on which to erect the buildings necessary for a new quarantine station for the port of New York, and to which, when constructed, an entire removal of the quarantine establishment should be made." This plan, however, was not carried out, and in 1859 another Commission was appointed, con sisting of Horatio Seymour, John C. Green and ex-Governor Patter- son, who adopted the plan for a floating hospital, and purchased the steamship Falcon for that purpose. The steamers Illinois and Empire City were afterward loaned to the Commissioners by the general government. Ship-fever patients were sent to Ward's Island, small-pox patients to Blackwell's Island, and yellow fever was treated on the floating hospital.
April 23, 1863, what is now known as the general quarantine act was passed, defining the quarantine establishment, authorizing its construction, creating the permanent office of Quarantine Commis- sioners, defining the duties and powers of the commissioners and
211 .
QUARANTINE.
Health Officer, and establishing a general system of quarantine for the port. Additional powers were conferred by amendments made to this general act in each of the four following years, under which two small steamers were purchased, the property at Tompkinsville, Staten Island, known as the Marine hospital grounds, was sold, and the construction of artificial islands in the lower bay was undertaken and afterward completed-Swinburne's island in 1870, and Hoffman's i-land in 1873. The mayors of New York and Brooklyn, by the law of 1866, were associated with the Commissioners of Quarantine in the construction of these islands. In 1873, by a clause in the sup- ply bill, their powers were transferred to the Health Officer.
The residences of the Health Officer and his two deputies are lo- cited at Clifton, on the south shore of Staten Island, above and near the Narrows and Fort Richmond ; a short distance below the Nar- rows is Hoffman island, with its extensive brick buildings. Three- fourths of a mile further down the bay is Swinburne island, which encounters " the steady roll of the Atlantic" and the full force of the winds and storms. The row of long, white hospital wards un- mistakably indicate its character. Far away to the right, eight miles distant, at Seguin's Point, on Staten Island shore, is the quarantine burying ground. Three miles and a half from Swinburne island, in a nearly direct course toward Sandy Hook, is anchored, during the quarantine season, the hospital or boarding ship Illinois ; her huge, dismantled hulk can be seen for a great distance. The boarding officer for the lower bay resides upon this ship. All vessels arriving from the West Indies, South American ports, and from the west coast of Africa, are required to come to anchor here while the board- ing officer inspects them. All other vessels proceed up through the Narrows and are boarded in the upper bay, opposite the Health Officer's residence, by the deputies who are provided with a steamer for the purpose.
The object in boarding from both the upper and lower bay, is to keep vessels coming from infected ports, or likely to be infected with cholera or yellow fever, as far away from the city as possible. As vessels come to anchor near the Illinois, the boarding officer leaves the latter in a small boat and visits them. If there has been cholera or yellow fever aboard, the vessel is fumigated ; and after being detained twenty-four hours or more, as may be required, she is per- mitted to proceed through the Narrows to the upper bay, anchoring not far from New York, between Robbin's Reef light-house and Bedloe's island ; her cargo is here discharged into lighters, then the
ـئة
212
QUARANTINE.
vessel is cleansed, her hold washed out, pratique granted, and she is permitted to proceed on up to her wharf.
When the boarding officer from the Illinois discovers yellow fever or cholera patients on the incoming vessels, a signal is set and one of the steamers belonging to the quarantine service bears away the sufferers to Swinburne island ; immediately upon reaching there they are stripped of their clothing, which is at once burned in a furnace constructed for that purpose, and the patients are placed in the sick wards. If recovering they are removed to the convales- cent wards, where they are permitted to take daily exercise on the walks surrounding the wards, or to recline upon the grass plats in front of the Superintendent's residence, where they are protected from the sun's rays by a heavy canvas. This change to ont-door life rapidly hastens recovery. In fact, the whole surroundings of the hospital are so condneive to health that nearly all of the patients taken there are in time restored to health ; yellow fever has no terrors for the persons and employees on the island, but one of whom has ever contracted the disease. When sufficiently recovered, the convalescents are taken to Brooklyn or Staten island to proceed to New York and rejoin their vessel. In case of death, the bodies are placed in plain coffins and carried in small boats across the bay to the burying ground at Segnin's point. A complete record is kept of each patient and of all facts that can be gleaned from them upon reaching the hospital. When buried, a board slab is placed at the head of the grave, containing a number which corresponds with the hospital record. The Commissioners are frequently called upon by friends or relatives for bodies, five, ten and even twenty years after their burial.
Residing upon the Illinois with the boarding officer, from April 1 to November 1, are a ship-keeper, cook and servants. Every appliance is kept aboard for removing patients, including chairs in which they are strapped during heavy weather and lowered down from vessels into the quarantine boats, which convey them to Swinburne island hospital ; transfer clothing is also provided on the Illinois for yellow fever patients to take with them to the hospital. There are very commodious apartments on the Illinois, including a cabinet, reception, sitting and dining-rooms, kitchen, dormitories, etc., there- fore, the old hospital hulk is by no means as dismal and gloomy as those infer who see her from the decks of passing ships.
As previously stated, all vessels not boarded from the Illinois are boarded by the Health Officer's deputy above the narrows, the deputy usually goes aboard of the larger steamers. In the case of smaller
.
213
QUARANTINE.
vessels, however, particularly those coming from points north of Cape Henry, the boarding consists merely in the deputy running along- side inquiring if all are well, giving pratique and receiving the board- ing fee ; vessels boarded in upper quarantine, having no sickness on Loard, are permitted to proceed directly to the city; if small pox prevails, all the well passengers are vaccinated, and the patients are conveyed by one of the quarantine steamers to the small-pox ward on Blackwell's island ; if ship-fever prevails, the sufferers are transported to Ward's island. Any person dissatisfied with the detention of his vessel or with any other act of the Health Officer, deputy, superin- tendent, or other of the employees, may apply to the Commissioners, and their decision, which is required to be given at once, is final in the matter.
The boarding fees acerning to the Health Officerare the same now, as when they were fixed by the Legislature more than half a century ago. Foreign vessels, all of which are boarded, pay a fee of $6.50, each time they come into port, which at the present time is paid into the Custom House, to be paid over to the Health Officer once a month. Coast-wise vessels of over 160 tons pay $3, between 100 and 160 tons $2, and those of less than 100 tons $1. The coasting fees are collected by the deputies from the vessels when they board them at the narrows, to grant a permit to proceed to the city. Boarding ceases, by law at sunset, though vessels arriving after can be boarded upon the payment of an extra fee to the Health Officer. Ship owners and agents are charged $1 per day for care and treat- ment of their sick at Swinburne island ; formerly the charge was $2. This money does not acerne to the Health Officer, but is collected by the Quarantine Superintendent and is paid into the hospital subsis- tence fund.
So far as preventing the introduction of disease from abroad is concerned, our quarantine establishment may be regarded as nearly perfect, and it only needs the enlightened and vigilant application of sanitary measures to our cities and large towns to insure them comparative immunity from yellow fever, cholera and other epi- demie or infectious diseases. The increased feeling of security noticeable, year after year, among the large population centered around New York harbor since the completion of the present quar- antine establishment, is one of the best testimonials to its efficiency. Formerly it was deemed imprudent, if not dangerous, to permit the facts regarding quarantine to be made known, lest a panic might ensne. All arrivals of infected vessels and deaths at the quarantine
214
COMMISSIONERS OF QUARANTINE.
hospital were carefully concealed from the public. This policy has been gradually changed until now no concealment whatever is at- tempted.
COMMISSIONERS OF QUARANTINE.
Previous to the year 1857, the Commissioners of Emigration were custodians of State property used for quarantine purposes. In that year they were succeeded by three Commissioners of Quarantine, appointed by the Governor by and with the advice and consent of the Senate. Such Commissioners were each required to give bonds in the sum of $30,000, for the faithful discharge of their duties, and were al- lowed $5 for each day's actual service, and their necessary official ex- penses ; they were authorized to procure by purchase or otherwise a suitable site for a new quarantine station, and provide for the erection of necessary wharves and buildings. The Commissioners selected the present location at Seguin's point, at the south end of Staten island, for the purpose.
April 29, 1863, an act was passed (chapter 358) defining the quali- fications, duties and powers of the Commissioners of Quarantine ; by that aet they were constituted the custodians of the quarantine establishment of the harbor and port of New York, to be by them held in trust for the people of the State, for the purposes and sub- ject to the provisions specified in the act. The fee for disinfecting vessels is the only one which has been fixed by the Commissioners ; with the exception of " boarding fees," fixed by statute in 1860, those now collected are such as have been mutually agreed upon be- tween shipping merchants and the Health Officer. The Commission- ers make the rules and regulations for the government of quaran- tine, and they and the Health Officer constitute a Board for granting licenses to lightermen and stevedores working on quarantine ground; the Commissioners act as a board of appeal for the adjustment of all disputes or disagreements arising between merchants or ship owners and the Health Officer, and their decision is final.
The act of 1863 fixed the term of office of the Commissioners at three years, and required that vacancies should be filled by the Governor, by and with the advice and consent of the Senate. The same act fixed their compensation at $2,500 cach, per annum. Resi- dents of the metropolitan police district alone, are eligible for ap- pointment. The Health Officer makes annual reports to the Com- missioners, on or before the first day of February, of the general condition of the quarantine establishment, with the statistics of the institution in detail, and such other information and suggestions in
4
215
IlEALTH OFFICER OF THE PORT.
regard to the same as he may deem advisable. The Commissioners are required to hold daily meetings, Sundays and holidays excepted, from the first day of May until the first day of November, in each year, and as often in the other months as in their judgment may be necessary. They annually present a report of their proceedings, and the condition of the quarantine establishment to the Legislature at the opening of the session thereof.
QUARANTINE COMMISSIONERS.
COMMISSIONERS.
APLO DINTED.
WHOSE PLACE.
COMMISSIONERS.
APPOINTED.
WHOSE PLACE.
George Ilall ..
Mar. 6, 1857
Wilson G. Hunt
Jan. 27, 1-70
Egbert Benson ...
Mar. 6,1837
Agrippa N. Bell. ..
Jan. 27, 1570
Curtis. Cobb.
Obadiah Bowne ..
Mar. 6,1857
Samuel Barton. ....
Jan. 27, 1:70
Anderson.
Horatio Seymour ... ..
Jan. 19,1859
Benson. ] Hall 1
Richard Schell, 2.
June 8, 1870
Ilunit. 1
Jolm C. Green .... ... ...
Jan. 19, 1859
Bowae. 1
James M. Oakley .. .
April 5, 1-77
Van Buren 1. Stears.
RichardIl. Thompson
April 25, 1861
David W. Judd .....
April 5 1-77
Reappointe .
Win. C. Anderson ...
April 14, 1565
Thomas C. Platt ....
Jan. 29, 15-0
Cyrus Curtis
April 14, 1565
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