ISlPv iiii NATIONAL LIBRARY OF MEDICINE Washington Founded 1836 U. S. Department of Health, Education, and Welfare Public Health Service J' Rm.6 C 2-5 »S* *ic* tv AN ACT FOR ESTABLISHING AN HEALTH OFFICE, AND TO SECURE THE CITY AND PORT OF PHILA- DELPHIA FROM THE INTRODUCTION OF PESTI- LENTIAL AND CONTAGIOUS DISEASES. PASSED THE FIRST DAr OF APRIL, 1803. PUBLISHED BT AUTH0R1TT. Philadelphia: PRINTED BY WILLIAM DUANE, NO. 106, MARK£T STREET. 1803. AN ACT rOR ESTABLIJHINft AN Health Office, AXD TO SECURE THE CITY AND PORT OF PHILADELPHIA FROM THE INTRODUOTION OF PE S T 11 E N T I A I. AN D C9»J. TAGIOUS DTSEASES: Passed April 1, 1803. ■j Sect. 1. Be it enacted by the Senate and House of Representatives of the commonwealth of Pennsyl- vania, in General Assembly met, and it is hereby enacted by the authority of the same, That a board Board u. of health shall be established in .the manner herein tablished after directed, which shall be and hereby is erected into a body corporate, in deed and in law, by the name, style, and title of " The Board of Health? who shall have perpetual succession, and enjoy all and every the rights, liberties, and privileges, pow- ers, authorities, and immunities incident or be- longing to a corporation or body politic, and shall A bo,dy moreover have and exercise the powers and autho- corPoratc" rities herein after .mentioned, that is to say : The governor of this commonwealth shall, on or before the first day of May next, commission and appoint To co five persons, three of whom shall be resident in the sistoffive city of Philadelphia, one in the Northern Liber- members- ties, and one in the district of Southwark and town- ship of Moyamensing, who shall compose the said hoard of health, and shall continue in office one' For one year next ensuing the date of their appointment j year- [ 4 ] but not more than two of the said board shall be Salary 400 physicians: They shall receive four hundred dol- doilars. jafg ^^ ^r Qxmnm^ as a compensation for their services; and in case of the death, sickness, resig- nation, refusal to serve, or removal from office, of all or any of them, their places shall be supplied by President other appointments : Out of their own body the board shall choose a president, who shall preside at the meetings of the board, and whose place shall be supplied in his absence by the appointment of a Secretary chairman for the time ; a secretary, whose duty it shall be to keep fair minutes of all the proceedings, Treasurer niieSj and regulations of the board; and a treasurer, who shall give bond with sureties, as is required of the county treasurer, who shall receive all mo- nies belonging to the corporation, and pay and dis-. burse the same upon the order of the board, signed by the president, and attested by the secretary, who shall.keep fair and just accounts of his receipts and expenditures, shall make extracts thereof whene- ver the board shall .require-the same, and shall ■once Accounts in every year, his accounts having been allavvecl by the board, publish the same in one or more newspapers of the city of Philadelphia : And the said board shall sit upon their own adjournment, as they shall find necessary, but shall meet at least Meetings once in every day between the first day of May and time of. the first day of November in every year; and also when the board shall be specially convened by or- der of the president or any two of the members ; and at all meetings three members shall form a board to transact business, but a less number may Powers adjourn: And the said board shall have, and 'loan!. hereby is vested with full power and authority to make general rules, orders, and regulations for the government and management of the Lazaretto, c 5 ] and the vessels, cargoes, and persons there detained or under quarantine, and of the health office, and public hospitals, and for the mode of visiting and examining vessels, persons, goods, and houses, and shall also have power to appoint such other of- ficers and servants as from time to time shall be found necessary to perform the several duties re- quired by this act and their future regulations : Provided, that such officer shall not hold any office of profit or trust under the United States ; and May ap. to remove any of the officers or servants by Point an^ * * remove them appointed, and to appoint others in their officers. places, and to allow and pay the said officers and servants so appointed, such compensation for their respective service as the said board shall deem just and proper: And the governor is hereby author- ized and required to appoint one physician, who Lazaretto shall reside at the Lazaretto, and shall be denomi- nated the Lazaretto physician ; and one physician Hospitai who shall reside in the city of Philadelphia, and physician shall be denominated the Hospital physician ; one Health health officer, and one quarantine master, all of °*ficer- whom shall be under the direction and control of tine mas- the board of health, and may be removed, from of-ter- fice by the governor, at the request of the majority of the members of the board*of health: And the said Lazaretto physician shall be entitled to occu- py the house hitherto occupied by the resident phy- sician, and to have furnished him pasturage, pro- vender, and stabling for one horse and one cow, and also to such vegetables as may be necessary to supply his table whilst residing at the lazaretto, from the garden" there ; and the quarantine master shall be entitled to occupy the house hitherto occu- pied by/ the quarantine master, and to have fur- nished him pasturage, provender, and stabling for a 2 [ 6 ] one horse and one cow, tnd also to such vegeta- bles as may be necessary to supply his table whilst residing at the lazaretto, from the garden there. . Sect. 2. And be it further enacted by the autjiori- Sum pay- ty aforesaid, That the health officer, on receiving p.ble by from the captain or master of any ship or vessel each ves- arr—ng from a foreign port or place, the certifi- cate as herein after directed to be furnished by the lazaretto physician, and quarantine master, or hos- pital physician, shall be entitled to receive from such captain or master, the sum of six dollars and How ap-no more, of which the lazaretto physician shall propriat- nave three dollars, and the hospital physician, the quarantine master, and health officer, one dollar each, in full compensation for all services enjoined on them by this act. Sect. 3. And be it further enacted by the authori- Lazaretto ty aforesaid, That the building now called the la- under the Zaretto, and the ground therewith reserved and oc- cupied, and all the property and estate of every kind whatsoever, now vested in the present board of health, shall become and be fully vested in the board of health constituted by this act, immediate- ly and as soon as the same shall be organized for the uses and purposes for which the said board is instituted and established, and the same shall be fully and entirely under the direction and manage- M erectment °ftne sa^ board.: And the said board shall buildings, have power to erect such buildings on the lot or tract adjoining the lazaretto, as to them may seem necessary and proper for the accommodation of the seamen and passengers who may arrive at the lazaretto station in health, during such detention as may be enjoined by this act: Provided, that the cost of such buildings shall not exceed in the whole ten thousand dollars. [ r 1 Sect. 4. And be it further enacted by the authori- ty aforesaid, That every ship or vessel coming whei? from any foreign port or place, bound to the port shan be of Philadelphia, between the first day of May and ^amin- the first day of November in every year, shall come e to anchor in the river Delaware, as near to the la- zaretto as the draft of water and the weather will 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 examina- tions herein after directed; and if any master, com- mander, or pilot, shall leave his station before the said lazaretto, or if any master or commander 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 Unit- ed States, to be landed on either shore of the De- laware bay or river, or suffer any person except the pilot to come on board, before such examination be duly had and a certificate obtained as is herein after specified, the person or persons so permit- ting, and the person or persons so landing or go- ing on board, unless imminent danger of the loss of the vessel or lives of the crew shall render as- sistance necessary, being thereof convicted upon indictment or prosecution under this act, by ver- dict, confession, or standing mute in any court having jurisdiction of the offence, shall pay a fine Penalty not exceeding five hundred dollars*, to be recover-for violat- ed and appropriated as is herein after directed: iav^he Ann it shall be the duty of the lazaretto physician, and the quarantine master, so soon as any ship or Duty of vessel shall be anchored near the lazaretto, be-°^rrestJJ tween sunrise and sunset, immediately, wind and weather permitting, to go on board the same, and [ * I there thoroughly examine, in such form and man- ner as shall be prescribed by the board of health, the said ship or vessel, the crew, passengers, cargo, and baggage on board the same, and , to demand! answers under oath or affirmation, to be adminis- tered by either the said physician or quarantine master, who are severally hereby empowered to May ad- administer the same, to all such questions as shall oathstef ^e Put to any Person 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, as the board of health by their rules shall from time time direct to be asked : But it shall be the duty of the person so examining upon oath or affirmation, before he shall proceed therein, to make known to the person interrogated, the penalty im- posed by this act upon the person who shall give false answers, under oath or affirmation, to the questions proposed in such examination : And if upon such examination, it shall appear to the said physician and quarantine master, that the said ship or vessel came from a port or place at which no1 malignant or contagious disease prevailed at the time of her departure, that the persons on board the same are free from every pestilential or contagious- disease, the small pox and measles excepted, and that the said vessel has had no malignant,disease on board, either during the homeward or outward bound voyage, or during her continuance in a fo- reign port, >and they shall see no cause to suspect that the cargo or any part thereof is infected, they shall forthwith deliver to the master or captain of Certifi- sucn sbip or vessel, a certificate of the facts, in such cateof form as shall be directed by the board of health, ea l ' and the said captain or master may thereupon pro- ceed according to his destination, and shall present ■C 9 ] such.certificate at the health.office in Philadelphia, How to within twenty-four hours, after his arrival and safely be used* " mooring there : But if it shall appear to the said physician and quarantine master upon such exami- nation, that the ship or vessel came from a port or In what place, at which a malignant or contagious disease "nlmeTf prevailed, the said ship or vessel shall be detained 2o da>'s- at the Lazaretto for the space of twenty days, and the letter-hag of the vessel when purified, and such letters as the master, commander, or passengers shall think proper to write to their owners, con- signees or friends, shall be transmitted to the health officer in Philadelphia, who shall safely deposit the sanie in the post-office, and the vessel and cargo shall be thoroughly cleansed, and all cloathing and baggage shall be aired and purified, at the expence of the master, owners, or consignees of the vessel, and the goods respectively: Provided always, that wine, rumxsalt,sugar, spirits, molasses, mahogany, Goods manufactured tobacco, dye woods, preserved fruits, "cepted and such other articles as the board of health shall, tentic^6" by their general regulations, specify and permit, may be conveyed immediately to the city in light- ers ; and at the.expiration of siieh quarantine, if it shall appear to the said physician and quarantiue master, that no person has been sick with a malig- nant or contagious disease, the small pox and measles excepted, onboard said ship or vessel, either during the voyage outward or homeward, or dur- ing her continuance in a foreign port, nor any of the crew or passengers or other person from on board such vessel, during.the performance of qua- rantine, and the said physician and quarantine mas- ter 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 ] In what case ves- sels may pioceed. Further detention upon good cause. May pre. vent ves- sels pro- ceeding before Novem- ber. to the city, the said captain or master may proceed with the same a^ording to his destination, unless 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 the same shall be detained until the board of health shall authorise the same to proceed and enter the city ; and upon the arrival of the said captain or master at Phila- delphia, he shall present the said certificate of the physician and quarantine master at the health office within twenty-four hours after his arrival: But i£ upon examination of any vessel, by the said phy- sician and quarantine master as aforesaid, or during the performance of quarantine by any vessel, it shall appear to the' said physician and quarantine master, that there has been any person sick on board said vessel, with any malignant or contagious dis- ease, either during the voyage outward or home- ward, or during the continuance of the vessel in a foreign port, or during the performance of quaranT tine atthe lazaretto, or that any person from onboard such vessel has been affected with such disease, then in such case the vessel shall not be suffered to proceed to the city until after the first day of No- vember next ensuing, and the cargo and baggage, except such part thereof as, in the opinion of the board of health, may be supposed incapable of re- taining infection, which said part may be transport- ed to the city in lighters, shall be unladen and tho- roughly cleansed and purified, and the crew and passengers which were on board said vessel, and the cargo and baggage on board the same, or any part thereof, except as before excepted, shall not be suffered to enter the city before the first day of November then next ensuing, without the license C 11 ] and permission of the board of health to that effect first had and obtained :, Provided nevertheless, that Vessel such vessel or ship, after she shall have been ™*^ Pr6i thoroughly cleansed and purified, if no malignant ««a. disease appear on board, may be allowed to take in freight at the Lazaretto, by means of lighters and proceed to sea : And if any master or_ captain, or other person on board of any vessel which shall be examined agreeably to this law, shall not true answers make to all such ques- tions as the said lazaretto physician and quarantine master, or the said health officer, or hospital phy- Refusal sician, shall ask agreeably to this act, or the rules ^* aa"!wet which shall from time to time be established by tempt to the board of health, or shall knowingly deceive or p^^.' attempt to deceive the proper officers as aforesaid, in ble. his answers to their official enquiries, he having been duly informed and apprised of the penalties imposed by this act upon the person so offending, previous to his said examination, by the person making such examination, such person, for each and every such offence, on being thereof legally convicted, shall forfeit and pay a sum not exceed- ing five hundred dollars, to be recovered and ap- Penalt>*'1 propriated as is herein after provided and directed, and moreover shall be sentenced to imprisonment at hard labor, for any term not less than one year, and not exceeding five years : And if any captain or master of any ship or vessel, shall neglect to pre- sent his certificate at the health office, in any case in which he is herein before directed so to do> with- in the time directed by this act, he shall forfeit and pay the sum of three hundred dpUars, to be reco- vered and appropriated as herein after directed : And if any captain or master of any ship or vessel, or any other person on board the same, shall refuse [ 12 ] Refusal or neglect to comply with the directions of the la- ofLeaiaCtzaretto physician, and quarantine master, which retto re- shall be made agreeably to this act or the regula- £Sf tionsof the board of health, with respect to the Iff detention of any ship or vessel, or the landing from on board the same, of any person or persons, or of any goods, merchandize, bedding, baggage, or cloathing, or shall refuse to carry the same into ei- fect, such person, for each and every such offence, shall forfeit and pay a sum not exceeding five hun- dred dollars, nor less than two hundred dollars, to be recovered and appropropriated as is herein after provided and directed. . Sect. 5. And be it further enacted by the authori- ty aforesaid, That any ship or vessel coming from any port or place within the United States, at which said port or place the said ship or vessel had only called in, or touched, upon her arrival from a foreign port or place, shall be liable and subject to all the rules, regulations, and restrictions of the preceding sections of this act, and shall be examined and treated as well the vessel itself as the cargo, crew, passengers, and baggage on board, in the same manner as if such ship or. vessel had directly arrived at the lazaretto from a foreign port or place, without having first touched'at a port or vessels of P^e within the United States: And all ships or war may vessels, as well vessels of war as merchant vessels " coming from any port or place withm the United Statesf and bound'to the port of Philadelphia, be- tween the first day of May and the first day of No- vember in every year, and having on board any goods, or merchandize, the growth or produce ol any foreign place or country, or any personor per- sons, bedding, or cloathing, from any foreign port or place, shall come to anchor opposite the said Vessels from ports in U. S. lia ble to de tention. be detain- ed t 13 ] lazaretto, and shall be examined by the lazaretto physician and quarantine master, and if the cap- tain or master of any such ship or vessel shall pro- duce such satisfactory proof as the board of health shall in that case direct to be required, that the said goods or merchandize shall have been landed in the Goods United States more than thirty days, and are free l.anded 3* .from damage, & that the said vessel, bedding, cloath- 0t quar-C ing, and persons, are free from the infection of any amine. dangerous contagious disease whatever, then and in that case, the said physician and quarantine mas- ter shall give to the captain or master of such ship or vessel, a certificate of the facts, permitting such ship or vessel to proceed to the city, which certi- ficate the said captain or master shall present at the health office in Philadelphia, within twenty-four hours after his arrival and safely mooring there : and if he should neglect so to do, being thereof le- gally convicted under this act, he shall be sentenced to pay a fine of two hundred dollars, to be recover- ed and appropriated as is herein after directed and provided : And if the said captain or master shall Failure of fail to produce such satisfactory proof as aforesaid, health— of the wholesome state of the said vessel, goods, vessel merchandize, bedding, cloathing, and persons, the detained. said vessel, goods, merchandize, bedding, cloath- ing, and persons, shall be detained at the lazaretto, and shall be proceeded with in die same manner, and subject to the same orders and regulations as are herein before provided and directed in the case of vessels corning directly from a foreign port or Vessels place ; and if ihe captain or master of any ship or ^°™s of vessel coming from, any port or place within the u. s.ha- United States, and bound to the port of Philadel- J^jjs f°- phia, having on board any goods or merchandize, goods, li- bedding, cloathing, or persons, as aforesaid, shall ab,etodc B [ 14 ] Refusal, refuse or neglect to come to anchor opposite the lazaretto, and shall pass the same with in- tent to proceed to the city without examination t>y, and certificate obtained from the said physician and quarantine master as aforesaid, he shall on Penalty. convjctjon? forfeit and pay the sum of five hundred dollars,to be recovered and appropriated as is here* in after provided and directed ; and the said ves- sel, goods, merchandize, bedding, cloathing, and persons, shall be sent back to the lazaretto, there to be proceeded with in such manner as the board of health, agreeably to this act, shall in that case devise and direct. ' Sect. 6. And be it further enacted by the autho- rity aforesaid, That every ship or vessel, coming from6 the from the Mediterranean, shall be subject to a strict Mediter- examination, under similar regulations and penal- ly;1" h" ties 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 has spoken with any vessel, on board of which any person was affected with the plague, or if any per- son is affected with said disease, on his arrival at the Lazaretto, or has been affected during the voyage, the said vessel shall not be suffered to pro- ceed to the city, the cargo and baggage shall be un- laded and thoroughly cleansed and purified, and no part shall be suffered to enter the city, without the, permission of the board of health first obtained, and the crew and passengers shall perform a qua- M K0 rantine of twenty days: Provided nevertheless, to »ea. That such ship or vessel, after she shall have been thoroughly cleansed and purified, may be allowed to take in freight at the Lazaretto, by means of lighters and proceed to sea. [ 15 ] Sect. 7. And be it further enacted by the autho- Persons rity aforesaid, That any person or persons, and fomfcL all goods, merchandize, bedding and cloathing, ar- reign riving at any port or place within the United States ff^l \\ from any foreign port or place, at which any ma- other' lignant or contagious disease, the small pox and-j^i' t measles excepted, prevailed at the time of their de- emerdty. parture, or in any vessel in which any such disease existed while they were on board, the same are hereby prohibited from entering the city or county of Philadelphia, or the county of Delaware, except the township ofTinicum, at anytime between the first day of May and the first day of November, in any year, either by land or water, without per- mission of the board of health first had and obtain- ed, under the penalty of five hundred dollars for Penalty. each and every offence, and the forfeiture of all such goods, merchandize, bedding or cloathing, to be recovered and appropriated as is hereinafter di- rected. Sect. 8. And be it further enacted by the au- thority aforesaid, That no Lazaretto physician, Fhysici- quarantine master, or other officer or servant of the fleers not said Lazaretto, shall absent himself from the placet0 b3 ab- of his duty between the first day of May and thesent' first day of Noyember, on any pretence, for any time whatsoever, without leave first obtained, in writing, from the board of health, under the hand of the president or chairman for the time, attested by the secretary, and entered on the minutes, un- der the penalty of forfeiting his office and a fine of Penalty. any sum not exceeding five hundred dollars. Sect. 9. And be it further enacted by the autho- rity aforesaid, That it shall be the duty of the La- zaretto physicians, immediately on the arrival of phys?"? any ship or vessel liable to be detained at the La- ~cluty of [ 16 ] zaretto in order to be cleansed and purified as aforesaid, to cause the sick, if any on board, to be removed to the building which shall be appointed by the board of health for their reception, and dili- gently and impartially, with his best skill, attend" upon and administer medical assistance to each and every sick person that shall be therein lodged, and generally superintend, and cause to be executed, such orders and. regulations as the said board shall, from time to time, ordain for the govern- ment and management of the Lazaretto, and of the vessels, cargoes, and persons under quarantine. Sect. 10. And be it further enacted by the autho- rity^aforesaid, That it shall be the duty of the tirufrnas- quarantine master, immediately after the arrival of, ter, duty and examination as aforesaid, of any ship or ves- sel, liable to be detained at the Lazaretto for puri- fication aforesaid, to direct and cause such ship or vessel to be properly moored, near the Lazaretto, at such distance from any other vessel or vessels undei quarantine as may prevent the communica- tion of any infectious disease to or from the same, and the cargo, bedding and cloathing, 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 parti- cular duty of the said quarantine master, to prevent any personal intercourse between the persons on board different vessels under quarantine, and for that purpose to take possession of and secure the boats of such vessels until their respective terms of quarantine shall be completed, to preserve and en- force order and obedience to this act, and all such orders and regulations as the board of health shall, from time to time ordain, for the government and management of the Lazaretto, and the persons, vessels and cargoes under quarantine. ["17 J Sect. 11. And-be it further enacted by the au- thority cforesaid, That it shall be-the duty of the Hospital hospital physician, upon receiving information from ^Yut ^' o the health oiScer or other person whomsoever, that any person or person's, on board of any ship^ or vessel in the port of Philadelphia, is Or are afflicted or suspected to be afflicted with any pestilential or contagious disease, or that there is just cause to suspect die cargo or any part thereof contained in any such ship or vessel is infected with any such disease, the said physician in either of the forego- ing cases, shall visit and carefully examine such ship or vessel, and if he shall discover any sick per- son or persons on board any such ship or vessel, he shall thereupon have, and exercise the authori- ty, to direct such sick person or persons to be re- moved to the said Lazaretto, or to some other safe place, which may be specified by the board of health, and the said physician shall, without delay, report the state of said vessel, cargo, and crew, -to the board of health, who shall direct and determine, how the crew, passengers, 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 vessel in the port of Philadelphia, from any foreign port or place, from the first day of No- vember in any year, to the first day of May in the next succeeding year, it shall be the duty of the said physician, provided such ship or vessel shall ■not have been previously visited and examined by the physician resident at the Lazaretto, and qua- rantine 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 form as the said Lazaretto physician and qua- rantine master are bound to do, and to demand ■B2 [ 18 ] answers under oath or affirmation, to be adminis- tered by the said hospital physician, who is hereby empowered to administer the same, and if the crew, passengers, vessel and 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 thatthe cargo, bedding, or clothing is infected, then, and in such case, the said physician shall give to the master or commander a certificate of the facts, which the said master or commander shall present at the health office within twenty-four hours after such examination, and if he shall 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 hereinafter provided and directed; and if, on ex- amination, any suspicion shall arise in the mind of the said physician touching the health of the crew or passengers, or the infectious state of the vessel, cargo, bedding or clothing on board, no part there- of shall be landed, but the said physican shall im- mediately report the same to the board of health, who shall direct and determine what measures shall be pursued relative thereto, and the said phy- sician, upon request of the health officer or the board of health, shall from time to time, visit and examine such houses and persons as the said board or the health officer shall have reason to suspect are infected with any dangerous contagious dis- ease, and make report thereof to the- said health officer. Sect. 12. And be it further enacted by the autho - Health rity aforesaid, That it shall be the duty of the •fficer— health officer at seasonable and proper hours on dwty ° ' each day (Sunday excepted) to open and keep a t 19 ] siiallmeet at their public office at such convenient place in the city of Philadelphia, as shall be directed by the board of health, whereat all masters or captains of ships or vessels, shall deliver the certificates or bills of health to them granted, by the Lazaretto physician and quarantine master, or hospital physician as afore- said, and the board of health shall there assemble, Board and meet as often as they deem needful, for the at*heii- purpose of executing the duties and trust of their ci+ice in appointment, and the said health office shall file and ^alada^d preserve in good order, all the certificates or bills keep'are- of health so delivered, and shall keep a register of Slbter- the ships or vessels, and the names of the captains or masters, owners or consignees, for which the same were respectively granted, the port or ports from which the ship or vessel respectively sailed, or at which they touched during their respective voyages, and the number of persons on board there- of respectively at the time of their leaving their respective ports of depaiture, and also at the time of their arrival respectively at the port of Phila- delphia ; and the said health officer shall attend the health office at the meetings of the board of health, and at such other times as shall be requisite for discharging the duties of his appointment, and generally enforce and execute the regulations and instructions of the board of health ; and it shall be „ the duty of the said health officer, to collect, recov- office'r to er, and receive all forfeitures and penalties impos- recover sed, and sums of money directed to be paid by this nei'&c" act. Sect. 13. And be it further enacted by the autho- rity aforesaid, That every diseased person, duly Lazaretto landed or sent to the Lazaretto by either of the —persons .aforesaid ' physicians, quarantine master, or the hoWthere health officer, shall be there kept and maintained treated. [ 20 ]., ttKtill the Lazaretto 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'La- zaretto, it shall be lawful for the health officer or any constable, or other person whom he shall call to his assistance, andthey are hereby enjoined and required to lend such assistance, to pursue and ap- prehend the person so escaping or absenting him- self or herself from the Lazaretto, and there again deliver him or her, to be detained until he or she How dis- be duly discharged as aforesaid, and moreover the arge " person so. eloping or absenting himself-or herself, shall for-each and every offence, forfeit and pay the sum of one hundred dollars, or suffer such other punishment by confinement, not exceeding three months, as the board of health shall ordain and award ; and if any master or captain shall knowing- Fugitives ly receive or employ onboard of his ship or vessel, frrm the or if any house-keeper or other'inhabitant of this ifoTuTbe commonwealth, shall knowingly receive, harbour, harboreu. or in any way entertain any person so eloping or absenting from the Lazaretto, each and every mas- ter and captain, and each and every house-keeper or inhabitant so respectively offending, shall, on be- ing thereof legally convicted, forfeit and pay a sum Penalty. 0f tvvo hundred dollars : And if any person arriv- ing in, or belonging to any ship or vessel detained at the Lazaretto as aforesaid, shall elope or absent himself without having obtained a discharge signed by the Lazaretto physician and quarantine 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 person not authorised by jthe proper officer, shall go within the limits of the La? [ 21 ] zaretto, such person or persons shall perform such Persons quarantine as the board of health may direct, the fazafeno" person so offending, upon legal conviction of such perform offence, shall forfeit and pay the sum of two hun- tine™"" dred dollars, to be recovered and appropriated as herein after directed: And if any diseased or other person landed and sent to the Lazaretto by any officer, having authority to do the same, or any per- son arriving in, or belonging to any ship or vessel detained at the Lazaretto as aforesaid, shall refuse R F . pr neglect to obey the directions of the Lazaretto ornegkct physician or quarantine master respectively, agree- °f the ably to this act, and .the orders and regulations by lazaretto the board of health, which shall from time to time punisha- be ordained and established for the government and management of the Lazaretto, and the persons, vessels and cargoes under quarantine, the person so refusing or neglecting, shall fo$ each and every offence, on being thereof .legally convicted, forfeit and pay the sum of two hundred dollars, to be re- covered and appropriated as is herein after direc? ted. Sect. 14. And be it further enacted by the au- thority aforesaid, That when any vessel shall come COmw up to the city of Philadelphia, or the shore of up to city Southwark, or of the Northern Liberties in the o"f^r^f river Delaware, although the said vessti may have bad* up- obtained a certificate of health from the Lazaretto on ^st physician and quarantine master, or the hospital physician, if the said vessel shall appear to the * board of health to be infected with any contagious diforder dangerous to the community, the said Board are hereby authorised to order the said ves- sel V-. the Lazaretto, there to undergo the necessa- ry purification before she will be permitted to re- turn to the city or shores aforesaid, and the said [ 22 ] Board are hereby authorized and empowered to remove any vessel or vessels from any part of the city or shores aforesaid, as shall be infected with such disorders as aforesaid, to such convenient distance as they may deem proper, although such vessels may not be infected. Sect. 15. And be it further enacted by the autho- City hos- rity aforesaid, That the messuages and lots com- pital on monly called the city hospital, situate on the north kill con- side of Sassafras street and east side of the river tinued. Schuylkill, shall continue to be held as a public hospital for the township of the Northern Liberties and Moyamensing, as well as* for the city ar-d dis- trict ofSouthwark, until the board of health shall - procure and provide a more convenient public hos- Inhabit- pital for the purpose aforesaid, and all persons, ants of other than persons on hoard of any ship or vessel, cky!adN'. and liable to be sent as aforesaid to the Lazaretto, Liberties, residing within the city of Philadelphia, the dis- wTrf'and trict of Southwark, the townships of the Northern Moya- Liberties and Moyamensing, who shall be afflicted Sansibeg' with ^7 pestilential or contagious disease (the received small pox and measles excepted) may upon the ad- there- vice and order of the hospital physician, or any other physician or person authorized by the board of health, to grant such order to be removed by the health officer and such assistance as he shall for that purpose employ, to the said public hospital, or to such other place as the physician or board of health shallapprove, if the person afflicted with any contagious or pestilential disease cannot be proper- ly and sufficiently attended at home, there to be lodged, nursed, and maintained, and kept until du- ly discharged by a permit in writing, signed by a physician of the said public hospital; Provided al- ways, nevertheless, That each and every patient, [ 23 ] and his and her estate real and personal, shall be li- Where able to pay, satisfy, and reimburse all the charges jjabfe^for and expences on his or her account incurred in the expense. said public hospital, unless the board of health award that he or she shall be exonerated or exempt- ed therefrom. Sect. 16. And be it further enacted by the autho- rity aforesaid, That whenever the said board of contaeu health'shall receive information that any contagious on in oth- disease rages in any port or place within the Unit- guided* ed States or on the continent of America, they against; shall make diligent enquiry concerning the same, and it shall and may be lawful for the. said board to prohibit and to prevent all communication by land by land and water with such infected ports or places, by ^ byr stopping all vessels coming into the port of Phila- delphia, and at and before the Lazaretto in the same manner and under the same penalties and for- feitures as are hereby provided in case of vessels coming from foreign ports, and by stopping all per- sons coming from such infected places in such manner as the circumstances and exigencies of the case shall require ; and the said board of health are hereby authorised and required, whenever a fever Disease of a contagious nature shall appear in any part of J"h C1^ of the city of Philadelphia, the district of Southwark, commu- or the township of the Northern Liberties, orniFation Moyamensing, to adopt without delay such prompt be cut off measures, as will effectually prevent all communi- cation between the part or parts so infected and any other part of the city, district^ or townships and all judges, justices, sheriffs, constables, and other civil officers and citizens of this state are hereby authorized and empowered, enjoined and required to aid and assist the said board and their officers, to the utmost in their power, in carrying i 24 ] into effect such rules, orders and regulations, touch. ing the stoppage of such intercourse, or the remov- al of the infected, as the board shall order and publish. Sect. 17. And be it further enacted by the autho- Houses rity aforesaid, That whenever by means aforesaid, examined or by the report of the hospital physician, or any other physician appointed by the board of health (whom the said board are hereby authorized to send to places or houses suspected to be infected) it shall come to the knowledge of the said board, that any person within the city of Philadelphia, the district of Southwark, the townships of the North- ern Liberties, or Moyamensing, is afflicted with any contagions disease dangerous to the communi- ty, it shall and may be lawful for the said board to take orders for preventing the spreading of the con- tagion, by forbidding and preventing all communi- cation with the infected house or family, except by means of physicians, nurses or messengers, to con- vey the necessary advice, medicines and provisions to the afflicted, and shall exercise all such other powers as the circumstances of the case shall re- quire, and as shall in their judgment be most con- ducive to the public good, with the least private injury. _ . Sect. 18. And be it further enacted by the autho- or resist- }'ity aforesaid, That if any person shall obstruct or ing board, resist the board of health, or any of the members bie, thereof, or any person by them appointed, in the execution of the powers to them given, or in per- formance'of duties enjoined on thtm by this ace,and the rules and regulations of the said board, such per- son shall, on being thereof legally convicted, shall forfeit and pay a sum not exceeding five hundred Penalty. d0iiarSj ^0 De recovered and appropriated as is [ 25 ] herein after directed ; and if after the expiration of the quarantine, any mariner, or other person, who shall have complied with the regulations hereby established, shall commit any violence on the per- son of a member of the board of health, or any of the officers attached to the same, for any thing done in the execution of his duty, such person shall be subject on conviction thereof to a fine of two hun- Penalty. dred dollars, and shall also be sentenced to impri- sonment at hard labor for any term not exceeding three years. Sect. 19. And be it further enacted by the autho- rity aforesaid, That for payment and satisfaction penaities of all forfeitures and penalties which are imposed how re- by this act, and all sums of money directed by this coverable act to be paid, it shall be the duty of the health of- ficer to sue and prosecute, and the same to collect, recover and receive ; and the same shall be reco- verable before 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 the same when recovered and received, shall be appropriated, and shall ensure to the use of the institution, under the management and direction of the board of health. And no citizen or inhabitant of the city of Philadelphia, the district of South- wark, or the townships of the Northern Liberties, or Moyamensing, shall be disqualified from sitting as judges, or jurors, or from giving testimony re- specting any of the offences mentioned in this act,: by reason of his, her or their common interest in the appropriation of the sum or penalties imposed for such offence, nor shall any member of the board of c T 26 ] health, or any officer intrusted with the execution of this act, or any part thereof, be disqualified from giving testimony respecting any of the said offences. Sect. 20. And be it further enacted by the autho- General rity aforesaid, That all actions or prosecutions to jssu«rnaybe commenced against any master, captain, owner, «d. " or consignee of any ship or vessel, or other person by virtue of this act, shall be brought within twelve months next after the commission of the offence wherewith he is charged, and if any action or suit shall be commenced against any person or persons, for any matter or thing committed in violation of this act, the defendant or defendants may plead the general issue, and give this act and the special mat- . ter in evidence, at any trial to be had thereupon. Sect. 21. And be it further enacted by the autho- Putrid rity aforesaid, That it shall be the duty of the said ces and" board of health, to cause all offensive or putrid other nu- substances, and all nuisances which may have a be "remo- tendency, in their opinion, to endanger the health ved. of the -citizens, to be removed from the streets, lanes j alleys, highways, wharves, docks, or any other part or parts of the city of Philadelphia, the district of Southwark, and the townships of the Northern Liberties and Moyamensing, and to cause such of the privies within the limits aforesaid, to be empti- ed or corrected with lime or otherwise, at the ex- pence of the individuals, who are owners of the houses to which the said privies are appurtenant, as the said board shall from time time deem neces- sary for the health of the inhabitants thereof, and if the owners or occupiersof the premises on which [ 27 ] any nuisance may be found, shall, on due notice thereof be given, refuse or neglect to have the * same immediately removed as aforesaid, he, she, or they so refusing or neglecting, shall forfeit and Penalty: pay for such offence, any sum not less than twenty nor more than two hundred dollars, to be recover- ed and appropriated as by this act directed. Sect. 22. And be it further enacted by the autho- rity aforesaid, That for defraying the expenses to Expenses be incurred in erecting and supporting the said La- to be de- zaretto, and for carrying into complete effect the ^ax! ^ other provisions contained in this act, the said board of health are hereby authorised and empow- ered, by and with the consent of the mayor or re- corder, two aldermen and two justices as aforesaid, to levy and collect, by tax on the estates and in- habitants of the city of Philadelphia, the district of Southwark, and townships of the Northern Liber- ties and Moyamensing, in the same manner, at the same rates, and under the same regulations as the county rates and levies are or may be by law levied and collected, such sums annually as the said board, by and with the consent of the mayor or recorder, two aldermen and two justices as aforesaid, shall deem necessary for the use of the said institution ; Provided, the same does not exceed the sum of for- Tax n ty thousand dollars, and the said board of health ited to are hereby authorised and empowered to borrow, 4^°°° upon the credit of the taxes aforesaid, such sum or sums of money as may be thought necessary for may be the benefit of the said institution borrowed. Sect. 23. And be it further enactedby the autho- rity aforescid, That any time between the fifteenth [ 28 ] Board to and twenty-fifth days of December yearly, and eve- Saffy ry year hereafter, the board of health shall report to gover- to the governor, the amount of taxes which may be rv0r" levied, the monies received and the monies ex- pended in pursuance of this act, and generally an exact and circumstantial account of the institution, and shall publish the same in one or more news- papers printed in the city of Philadelphia, Sect. 24. And be it further enacted by the autho- howto be ritV afi>resaid-> That no Pilot' bringing a ship or treated, vessel to the Lazaretto, in an apparent state of good health, shall be obliged to perform quaran- tine, but the Lazaretto physician shall grant such pilot a certificate, permitting him to proceed to the Cape of Delaware, in order that he may prosecute his profession, but such pilot shall not on any pre- tence come into the city of Philadelphia, the Nor- thern Liberties, the district of Southwark, or town- ship of Moyamensing, for thirty days fromthe date of such certificate, under the penalty of one hun- dred dollars, and also of one year imprisonment, which penalty shall be recovered and applied in the manner herein before directed, and any pilot brings ing to the said Lazaretto, a ship or vessel infected or supposed to be infected with any pestilential or contagious disease, may be permitted to go and re- main on shore, within the bounds of the Lazaretto, during the time the ship or vessel brought thither, shall be detained under quarantine : Provided al- ways, That if the said vessel shall be infected with any such disease as aforesaid, he shall be detained and treated in like manner as seamen or passengers so infected, are herein directed to be detained and treated: And provided further, That if he shall go [ 29 ] without the bounds of the Lazaretto, he shall be liable to the same penalties as are by this act im- posed on seamen or passengers escaping therefrom. Sect. 25. And be it further enacted by the autho- rity aforesaid, That this act shall continue in force f^fQfc for three years, and from thence to the end of the years. next session of the general assembly, and no lon- ger. SIMON SNYDER, Speaker of the House of Representatives. ROBt. whitehill, Speaker of the Senate. Approved -Thefirst day of April, in the yecr of our Lord eighteen hundred and three. THOMAS M'KEAN. Governor of the Commonwealth of Pennsylvania. /J^^fXnJbtZ^,, lJ *w. \ \^. i \ •'V\