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a citizen of the United States, who shall have landed from such vessel, within this State. He shall also report in like manner whether or not any officer of such vessel has collected from any person or passenger, not a citizen of the United States, any commutation money, as by this act allowed to be paid, and if so, from and by whom the same was collected, and to what amount.
SEC. 2. Be it further enacted, &c., Every person not a citizen of the United States, and above the age of fourteen years, arriving and landing at any place within the limits of the State of Louisiana, from any place without the same, shall, in like manner, report himself or herself to any resident hospital commissioner, and give bond in the sum of one thousand dollars, with one or more joint and several solvent and sufficient sureties, resident in the parish where such person may have landed, conditioned that the principal in such bond shall not, at any time within five years from the date thereof, be or become from any cause chargeable or dangerous in any manner to the State, to its citizens, or to any charitable institution within its limits; unless such institution be voluntarily supported by foreigners, or citizens of foreign birth. And every person who shall refuse, or wilfully neglect, for twenty-four hours after his or her arrival and landing, to make report and give bond as by this section required, shall incur a penalty of fifty dollars: Provided, That persons arriving and landing in the parishes of Plaquemines, St. Bernard, Orleans, or Jefferson, shall report themselves in New Orleans, and furnish bond with surety resident in the said city of New Orleans.
SEC. 3. Be it further enacted, &c., It shall be lawful for any person referred to in the foregoing section, who may be unable or unwilling to furnish bond as thereby required, to commute therefor, by paying, within twenty-four hours after his or her arrival, the sum of two dollars.
SEC. 4. Be it further enacted, &c., The commutation payments allowed by the foregoing section may be lawfully made to any hospital commissioner, or to the clerk or commanding officer of the vessel on which the person making such payment arrives. And every such commanding or other officer shall, on arrival of their vessel or his own arrival, forthwith pay over to any hospital commissioner the sums so received or collected, less a commission of five per cent., which he shall be entitled to retain for his trouble.
SEC. 5. Be it further enacted, &c., All bonds taken or reports received by any commissioner, in virtue of this act, shall
have the force and authenticity of notarial acts, as against the signers thereof; and every person not a citizen of the United States, claiming to be exempt from making report, or giving bond, as required by this act, shall be held to prove his exemption.
SEC. 6. Be it further enacted, &c., It shall be the duty of the president and directors of the Charity Hospital of New Orleans to appoint one or more commissioners, removable at will, to be styled hospital commissioners, who shall have power, in the name and for the use of said hospital, to sue for and recover, collect, receive and receipt for all commutation money, bonds, fines, forfeitures, and penalties demandable or imposed by virtue of this act; said commissioners shall each furnish bond satisfactory to the president and directors of said hospital, for the faithful performance of their duties as commissioners. They may also, with the consent and approbation of said president and directors, appoint deputies, for whose acts they shall be responsible, and who shall be vested with the same powers and duties as themselves. Said commissioners and deputies shall perform such other duties as may be imposed upon them by said president and directors, in order to carry out more perfectly and equitably the objects of this law; they are also hereby declared vested with the power of boarding all vessels, and examining their log-books and other documents, in order to enforce the provisions of this act, and with all other powers reasonable and necessary for properly enforcing the same, in all its parts, they being responsible for the abuse of all their powers; and they shall also have authority to compound for penalties, fines, and forfeitures incurred, so long as judgment has not been rendered for the same, subject always to the control of said president and directors.
SEC. 7. Be it further enacted, &c., It shall be the duty of the Charity Hospital to receive and attend gratuitously, during sickness, any destitute person, proving that he or she has, within five years previous to his or her application for medical relief, furnished bond, or paid commutation money, as required or authorized by this act.
SEC. 8. Be it further enacted, &c., All bonds, fines, forfeitures, and penalties whatsoever, taken or collected by virtue of this act, or arising either directly or indirectly and remotely from any infraction of the rights, powers, duties, or obligations given or imposed thereby, and all moneys collected by virtue thereof, shall belong and be paid to the Charity Hospital of New Orleans, which shall be entitled to recover the
same, and to apply the funds arising therefrom to the medical and surgical relief of sick and destitute foreigners, exercising a just and reasonable discretion in the use and application of the same.
SEC. 9. Be it further enacted, &c., Any person opposing or obstructing in any manner said commissioners, or their deputies, in the exercise or performance of their official duties, or falsely representing himself or herself to be not subject to any of the provisions of this act, shall incur a penalty of not less than twenty-five dollars, or more than three hundred dollars. Any person collecting commutation or other money on behalf of the Charity Hospital, or belonging to it, and concealing the fact, or not paying the same over to its proper commissioner or agent on demand, shall incur a penalty of not less than one hundred, or more than one thousand dollars. Any commanding or other officer of any steamboat or other vessel, refusing or wilfully and unreasonably neglecting to report, as required by the first section of this act, shall incur a penalty of not less than fifty nor more than five hundred dollars; all which penalties may be recoverable in the name and for the use of said hospital, before any competent civil tribunal, in addition to such civil liabilities, and such criminal punishment as may be consigned, by present or future laws, for like cases made and provided.
SEC. 10. Be it further enacted, &c., That the act entitled "An act to provide a fund for the support of the Charity Hospital," approved March twenty-sixth, eighteen hundred and forty-two, and the act amendatory thereof, approved twentyseventh March, eighteen hundred and forty-three, be and are hereby repealed. [Acts of 1850, No. 295, page 225.]
Duty of masters of vessels arriving with foreign passengers-Selectmen may dispense with bond on certain conditions-Appointment of visiting officers in maritime towns-Penalty if masters of vessels attempt to evade the foregoing provisions-Provisions of this chapter applicable to cities.
When any ship or vessel, having any passengers on board, who have no settlement within this State, shall arrive at any port or harbor within the State, the master of such ship or vessel, before such passengers come on shore, shall leave a list of their names, and the places where said passengers first em
barked on board such ship or vessel, with the overseers of the poor where such passengers shall arrive. The master of such ship or vessel shall not land any such persons without the permission of the selectmen, unless he shall have entered into bond to such town, with sufficient sureties to the satisfaction of said selectmen, in a sum not exceeding five hundred dollars for each passenger, to save harmless such town, and all other towns within the State, from all manner of charge and expense, which may arise from such passengers as paupers, for and during the term of three years. For any neglect of the provisions of this section, said master shall forfeit and pay two hundred dollars for each passenger so coming on shore, or landed; to be recovered by action of debt, by any person who shall sue for the same, one moiety thereof to the use of the State, and the other moiety to the prosecutor. And any justice of the peace in the county where such ship or vessel shall arrive as aforesaid, on complaint in writing, made to him by a majority of the overseers of the poor of the city or town where the vessel arrived, that the master thereof has not complied with the foregoing provisions of this section, shall issue his warrant to the sheriff of said county, or any of his deputies, or constable of said town, requiring them to attach and detain such ship or vessel, until said penalty and the costs shall be paid by said master; but if not paid within twenty days, then the officers having the warrant shall sell said vessel at auction, after posting public notice of the sale in said town four days beforehand; and after deducting from the amount all the said penalty and costs, shall pay over the balance to the owner on demand. [Sec. 56.]
The selectmen of the several towns of this State may, at their election, dispense with the bond required by the section last preceding, if the master or owner of the ship or vessel in which any such passengers may arrive, as aforesaid, shall, before the anding of such passengers, pay into the treasury of the town, at which such ship or vessel shall arrive, such sum as said selectmen shall think reasonable, not exceeding five dollars for every such passenger whom he may intend to land; to be appropriated as such town may direct, for the support of paupers. [Sec. 57.]
Any town, accessible by ships or vessels, shall have power to appoint one or more visiting officers, whose duty it shall be, on the arrival of any ship or vessel having on board one or more such passengers, to go on board such ship or vessel, and there remain until the provisions of the fifty-sixth and fifty
seventh sections of this chapter shall be complied with. It shall be the duty of such visiting officers, or either of them, to prevent the landing of any such passenger against the provisions of said sections. In case of the violation of said provisions, or an intention to violate, suspected by them, it shall be the duty of such officers to give information to the selectmen of their town. A reasonable compensation shall be paid to any such officer, by the master or owner of such ship or vessel, to be fixed by the selectmen. [Sec. 58.]
If any master or commanding officer of any such ship or vessel shall land any such passenger, at any place within this State, other than that to which such ship or vessel shall be destined, with the intent to avoid the requirements of this chapter, such master or commanding officer shall forfeit one hundred dollars for every such foreign passenger thus landed; to be sued for and recovered in the same manner, and to the same uses, as the penalty provided in the fifty-sixth section of this chapter. [Sec. 59.]
Every thing prescribed in this chapter, in relation to towns, shall also be applicable to any city in the State; and in relation to the selectmen of any town, to the mayor and aldermen of any city; and in relation to the overseers of the poor of any town, to the overseers of the poor of any city, or to such other officers as have the care and charge of the poor in said city. [Sec. 60.] Revised Statutes, title III, chap. 56, 57, 58, 59, 60, pages 246, 247.
AN ACT in addition to the thirty-second cnapter of the revised statutes. [Approved June 22, 1848-chapter 40.]
Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:
SEC. 1. In any cases hereafter arising under the fifty-sixth section of the revised statutes, relating to the landing of foreign passengers, the selectmen of towns may in their discretion accept such a bond as is provided for by said section, or may require the payment of a sum of money in commutation therefor, anything in said chapter to the contrary notwithstanding; but such commutation money shall not exceed the sum of two dollars for every such passenger.
SEC. 2. All the provisions of said thirty-second chapter, designed to enforce compliance with the duties and liabilities therein imposed upon shipmasters bringing foreign passengers into this State, and all the process and penalties therein estab