'•V"*' .'.'-,** 1$' NATIONAL LIBRARY OF MEDICINE Washington Founded 1836 U. S. Department of Health, Education, and Welfaie Public Health Service A C 1 fa FOR. ESTABLISHING AN Brn.6 C 2-5 HEALTH OFFICE, FOR SECURING THE CITY AND PORT OF PHILADELPHIA, .'«« ':•*? "^^ ':~^#^ '■&■• FROM THE INTRODUCTION OF PESTILENTIAL AND Contagious ffiifeafe*. ■ . t PHILADELPHIA: PRINTED AY "THE OFFICS OF fHE " TRUE .AMERICAN.*1 I799< <*>-. *^V ™*.-l>&'.* AN ACT FOR ESTABLIHING AN HEALTH OFFICE, &c. <&c. <&c. W HEREAS the laws of this Commonwealth, for preventing the introdu&ion of peftilential or contagious difeafes into the port of Philadelphia, have been found by experience defective. Sect. 1. BE it therefore enacted, by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in Ge- neral Assembly met, and it is hereby enacted by the authority of the same, That a Board of Health fhall be appointed as ABoard of Health herein after directed, who are hereby erected into a body aaed ;nt0 a body corporate in deed and in law, by the name ftile, and title corPorate- of " The Board of Health," who fhall have perpetual fuc- ceffion and enjoy all and every the rights, liberties, privi- leges, powers, authorities and immunities incident or belong- ing to a corporation or body politic ; and fhall, moreover, have and exercife the powers and authorities herein after mentioned, that is to fay, the prefent board of managers of the marine and city hofpitals fhall nominate twenty-four perfons, fourteen of whom fhall be refident in the city of Philadelphia, four within the Northern Liberties, four within The manner 0/ ._.- , . conftituting thf the iyilhict 01 Southwark, and two within the townfhip of Boaid &c. Moyamenfing, the mayor or recorder and aldermen of the V.'.ty of Philadelphia or any four of them, the mayor or recor- [ 4 j der being one, and the juftlces of the peace cf the county of Philadelphia refiding within the Northern Liberties, dif tiia of Southwark and townfhip of Moyamenfing, or any three of them, {hall meet immediately after the palling ci' this act, and on the laft Monday in December in every year thereafter and appoint twelve of the perfons fo nominated by the beard of managers of the marine and city hofpitals, feven of whom fhall be refident in the city of Philadelphia, two within the Northern Liberties, two within the diftrict of Scuthwark and one within the townfhip of Moyamenfing to be a Board of Health, and fhall caufe notice to be given to each perfon fo appointed to meet his colleagues on fome day in the enfuing week at the Health Office in the city of Philadelphia, for the purpofe of organizing their board. thoofing their officers, and proceeding to perform the duties by this aft enjoined on them ; and, in cafe of the death or refufal to ferve of any of the members, the board fhall nomi- nate, and the mayor or recorder, alderman and juftices afore- faid, appoint in manner as aforefaid, at which firft meeting of The Board to the Board they fhall chocfe out of their own body a Prcfident, choofe a Frefi- ',„-.,. , r n u • 1 l -^i dent, Secretary, Secretary and Treafurer ; the treafurer fhall give bond with She TrSui-'eTT^ fureties as the county treafurer is bound to do, and fhall give bond, &c. rece;Ve all monies belonging to the faid corporation, and pay and difburfe the fame upon the order of the board, figued by The duties of the t^e pr£fident and attefted by the Secretary, and fhall keep fair Treafurer. and juft accounts of his receipts and expenditures, and fhall make abstracts thereof whenever the board {hall require the fame ; and, once in every year, fhall adjuft all his accounts, and the fame being allowed by the board fhall be publifhed in one or more of the public news-papers of the city. rfc meetings of And the faid board fhall fit upon their own adjournments the Bo^d, and the ^ , ^j find neceffary . but, at leaft once in every week number neceilary i- to form a quorum, between the laft day cf May and the firft day of October in every year, and whenever they (hall be fummoned by order of the vn-.ffiJ.tmt or two cf the members, at which meeting three tr1 S J members fhall be a board to tranfact bufinefs, but a leffer number may adjourn; and, if the prefident be abfent, they fhall choofe a chairman for the time, and the faid beard fhall have full power to make general rules, orders and regula- Powers and du- tions for the government and management of the Lazaretto Board. and the vtffels, cargoes and perfons under quarantine, and the Health Office and public Hofpitals, and for prefcribing the mode of v'.hting and examining veffels, perfons *and houfes ; and the Governor Is hereby authorized and required to appoint The Governor a re fide nt Phyfician, a confulting Phyfician, an Health Officer dentin rconfult- and Quarantine Mailer; and the faid board fhall have power jj* Phyficians, to appoint fuch other officers andfervants as from time to time The Board may appoint, coaipen- fhall be found neceffary to perform the feveral duties required fate and remeve by this act, and their future regulations and to remove any of the officers and fervants by them appointed, and appoint others in their places ; to allow and pay to the officers or fervants fo appointed, fuch compenfation for their refpective fervices, except thofe hereinafter efpecially provided for, as the faid Board fhall, from time to time, deem proper and juft, and to take care that all and every the regulations for the governing and managing the faid Lazaretto and the Health-Office and public Hofpitals, contained in this act, and in their own rules and orders be carried into full and perfect execution, and fhall keep fair minutes of all their regulations and tranfactions while fitting as Board. Sect. 2. And be it further enacted by the authority aforesaid, That the buildings now ereded on State-Ifland, called the Je"^X°Ei" Marine Hofpital, and the ground therewith referved and of Health, which 1 may be fold, and therewith occupied, and the meffuages and lots commonly other property called the City Hofpital, fituate on the north fide of Saffa- EJfpitel^nd-a" fras-ftreet and eaft fide of the river Schuylkill, are hereby lazaretto. veiled, and fhall be under the management of the Board of Health, who fhall have power to fell and convey in fee fimple, the faid City Hofpital and the meffuages and lots thereto belonging ; and, with the confent of the governor, to pur- chafe fuch other lots and erect fuch buildings thereon as they may deem expedient for the purpofe of a public Hofpital, and the fame to take and hold in truft for that purpofe ; they fhall alfo have power, with the confent of the Governor, to purchafe a tract of land not exceeding fifty acres within the limits and jurifdiction of this ftate ou the river Delaware, and to erect fuch building and other improvements thereon as in their judgment may be neceffaiy for the purpofe of land- ing and receiving the cargoes of fhips for purification, and For the accommodation of perfons, which place fhall be called the Lazaretto ; Provided, That, until a fuitable and conve- nient place fhall be procured for the Lazaretto as aforefaid, the Marine Hofpital and the ground therewith referved, and therewith occupied, with the appurtenances be, and they are hereby appropriated to the fame ufes> and declared to be the Lazaretto. Sect. 3. And be it further enacted by the authority aforesaid, Regulations for That every fhip or veffel coming from any foreign part or the examination or of veffels arri- place, bound to the port of Philadelphia, between the firft day zarfetto,1 be-3" of April and the firft day of October in every year, fhall come tween the firft to anchor in the river Delaware as near to the Lazaretto as day or April & the firil day of her draught of water and the ftate of the tide and weather October in eve- ry year. will reasonably admit, before any part of the cargo or bag- gage be landed, or any perfon who came in fuch fhip or veffel fhall leave her, or any perfon be permitted to go on board, and fhall fubmit to the examinations and obtain the certifi- cate herein after fpecified, and if any mafter, commander or pilot, fhall leave his flation before the faid Lazaretto ; or, if any mafter or commander fhall permit or fuffer any part of the cargo or baggage, or any perfon or perfons arriving in fuch fhip or veffel, from any port beyond the limits of the United States, to be landed on either fliore of DelawareTbay or river, or fuffer any perfon, except the pilot, to tome on board before fuch examination be duly had and certificate obtained, the perfon or perfons fo permitting, and the perfon L'7 J or perfons fo landing or going on board, unlefs imminent danger of the lofs of the veffel or lives of the crew fhall render affiftance neceffary, being thereof "convicted upon indictment under this act, by verdict, confeffion or handing mute in any court having criminal jurisdiction within this commonwealth, fhall be Sentenced to, and fuffer confinement at hard labour in the jail of the county of Philadelphia for any fpace not lefs than one, nor more than five years. Sect. 4. And be it further enacted by the authority aforesaid, That it fhall be the duty of the refident Phyfician and Quaran- The duty of t'.e tine-mafter, fo foon as any fhip or veffel fhall be anchored ^t^lnd^ near the Lazaretto in the daytime, immediately (wind and mafter in vifiihg ., ... , and examining weather permitting) to go on board the fame, and there veffcls. demand from the mafter or commander and from the officer Second in command, or any other perfon on board, whom they may think projfer, feverally and apart, from and as foon as maybe after each other, the name.of the veffel, commander and pilot, the place from whence fhe laft came, and of all other places at which fhe may have touched during the voyage ; whether any fickneSs prevailed in the harbour or on fhore at any oS theSe places ; the number of the crew and paffengers with which fhe failed ; whether any have been fick or died fince fhe failed ; an account of the cargo and ballaft of the faid veffel and the length of time they have been on board ; a view of her ftiipping articles, log-hook and bill of health ; if fhe came from a port whence a bill of health is required or accuftomed to be brought, and a fight of all perfons on board, and to demand anfwers under oath or affirmation, to be ad- miniftered by the refident Phyfician, or in his. abfence, by the Quarantine-mailer, who are hereby feverally impowered to adminifter the fame to all fuch queftions touching the health of the crew and paffengers during the voyage and the nature of the cargo, as the Board of Health, by their rules, fhall, from time to time, direft to be afked; and, if the anfwers fhall be Satisfactory, if the number of the crew and paffengers L °'^ fhall agree with the articles, bill of health and other docu- ments produced, and the verbal account of the mafter or com- mander ; and, if there fhall appear no ground to fufpect that any of the crew or paffengers have died in the vcyage or are then labouring under any contagious difeafe whatever, the fmall-pox or meafles excepted, or that the cargo on board or ballaft of the veffel is infected; then, and in fuch cafe, the faid Phyfician and Quarantine-mailer fhall give to the mailer or A Certificate of commander a certificate ©f the facts in fuch form as fhall, for granted and pre- that purpofe, be devifed by the Board of Health, permitting h" lth * ffi * fucn Ship or veffel to proceed to the city or to land the and the penalty paffengers, which certificate the faid mafter or commander of neglecting to prefenting Shall preSent at the Health-office in Philadelphia, within twenty-four hours after his arrival, and fafely mooring there ; and, if he fhall neglect ^6 to do, being thereof convicted upon indictment tinder this act, by verdict, confeffion of Standing mute in any court of criminal jurisdiction in this commonwealth, he Shall be Sentenced to pay a fine of fifty dollars, to be rec'overed and appropriated as is herein after provided and directed ; and, if, upon examination, any differ- ence fhall appear between the written documents produced bv the mailer or his verbal account^ and the number and ftate of the crew and paffengers, or any fufpicion fhall arife in the mind of the refident phyfician or quarantine-mailer, touching ofrtlherrdendentdf the health of the crew or paffengers or any of them, or the Phyfician and infectious ftate of the veffel or cargo on board, they fhall order Quarantine- mafter. the veffel to remain at anchor near the Lazaretto, and ffiall make out a report of the ftate of the veffel, crew, paffengers and cargo, as to their health or otherwife, and ffiall tranfm't the fame, together with the letter-bag of the veffel, and fuch letters as the mafter, commander or paffengers fhall think proper to write, to his or their owners, confignees or friends to the Health-office in Philadelphia, who fhall fafely depofit the fame in the poft office, under the neceffary precautions to guard againfl the communication cf infection from the Same ; and, thereupon, the Board of Health fhall determine Board to deter. and direct what meafures fhall be purSued in order to purify ^bTp^i to" the veffel and cargo, and reftore the health of the difeafed ?u,'ify 'ickIy vef" lels. perfons onboard, which direction ffiall be carried into execu- tion under the infpection of the refident Phyfician and Quarantine-mafter, at the expence of the mafter, owners Expend to be de- or confignees of the veffel and the goods refpeftively, in ^J^'"' fuch manner as, by the faid orders ffiall be directed ; and the fame being perfected, the faid Phyfician and Qua- rantine-mafter fhall, with the fpecial confent, in writing, of the Board of Health, grant a certificate thereof, with per- mission Sor the Said veffel, cargo, crew and paffengers, to proceed to the city in manner herein above mentioned, and while the refident Phyfician and Quarantine-mafter are mak- ing examination as aforefaid, or in cafe of any examination by the Health-officer, or confulting Phyfician, agreeably to this act, the captain or mailer of any fhip or veffel fhall refufe penalties on cap- to expofe, or caufe to be expofed, to the fearch of the refident <_*'"s of ve""eIs re- r l fuliKg or neglect- Phyfician, Quarantine-mafter, Health-officer or conSulting ing to perfoim „, ,-. . r i ii l 1 n • certain duties. Phyfician, as the cafe may be, each and every part ot the ihip or veffel, or to preSent to his view each and every perSon on board thereof, and fhall not true and Satisfactory anfwers make to all fuch queftions as the faid refident Phyfician, Quarantine- mafter, Health-officer * or confulting Phyfician, reflectively fhall afk, agreeably to this act or the rules which fhall from time be eftablilhed by the Board of Health ; or, if he fhall knowingly deceive or attempt to deceive the proper officers as aforefaid, in his anfwers to their official enquiries, fuch captain or mafter, for each and every fuch offence, on being thereof legally convicted, Shall forfeit and pay a fum not exceeding five hundred dollars, to be recovered and appropriated as is herein after provided and directed ; and, moreover, ffiall be Sentenced to impriSonment at hard hbour for any term not lefs than one year, and not exceeding five years ; and, when- ever the refident Phyfician, Quarantine-mafter, confulting B -TO—J Captains of vef- phyfician or Health-officer, as the caSe may be, ffiall direct fels to conform to tne directions any perSon or perSons, or any goods, wares, merchandise, bed- civen in^efpecl ^mS or cloathing' to be landed at the Lazaretto, or any fhip to the purifica- or veffel to be detained oppofite thereto, and there to be tion of cargoes, and cleaning of cleanSed and purified, the captain of the Ship or veffel ffiall, in " S' " all refpects conform to fuch directions, and fhall, at the proper Attheexpenceof coft and charge of his employers, carry the fame into effect their employer. under the direction of the refident Phyfician and Quarantine- mafter ; and, if any mafter or captain ffiall refufe or neglect to conform to the faid directions and to carry the fame into Penalty on refufal effect as aforefaid, he ffiall forfeit and pay the fum of five hundred dollars for each and every offence, to be recovered and appropriated as is herein after provided and directed. or neszlsdt. Sect. 5. And be it further enacted by the authority aforesaid, AH veffels am- That all Ships and veffels, as well veffels of war as merchant ving at the Laza- . . ., retto from certain veilels, arriving at the laid lazaretto from any port or place fpec.ned places, . ttie Mediterranean, or the feas or waters connected with rrom May 15, to 7 October i, todif- the fame, to the eaftward of the Straits of Gibraltar, or from charge their car- goes and ballaft, the coafl of Africa without the Straits of Gibraltar, and b^dd'h^&cioath6 the territory of the fame> anc* the Ports of Africa other than ingtobecleanfed tne Cape of Good Hope, in the Indian Ocean, and from and purified, &c. the main land of North or South America, or the Weft India Iflands between the latitude of the river St. Mary, in Geor- gia, and the beginning of the latitude of thirty degrees fouth of the Equator, and from Batavia in the ifland oS Java, from the fifteenth day of May to the firft day of O&ober, fhall there be detained at anchor, and difcharge the whole of their cargoes and ballaft, which, together with the veffels, bed- ding, cloathing, and every other article onboard, which may be fuppofed capable of retaining infection, fhall be perfectly cleanfed and purified, under the direction of the Refident Phy- fician and Quarantine Mafter, at the coft and charge of the owner or confignee, agreeably to Such rules and regulations as the Board of* Health, ffiall, from time to time, direct for that purpofe, and, when any of the faid veffels, cargoes, bedding, Cloathing or other articles fhall be effectually cleanfed and When cleanfed & purified, & upon purified; the refident Phyfician and Quarantine Mafter, upon payment of the A r n r- i r i r of the expence of receiving the full amount of the expenfe and charges for ftor;ng, &c. re_ Storing, keeping, cleanfinr and purifying the Same, fhall make dellve,T thereof " " 1 J ° to be made to the re-delivery thereoSto the captain, mafter, owner or confignee owner, Sec. of the fhip or veffel, in which the Same were imported, and deliver to the captain or mafter of the faid fhip or veffel, the certificate of the facts to be prefented at the Health Office Certificate t® be as aforefaid, and difcharge from quarantine fuch of the crew Hea{th 0fljce & or paffengers of the faid fhip or veffel, as may be in a healthy Pa»eBSers and r ° r J ' crew to be dif- State ; Provided, the Said veffel fhal»l have been at leaft charged from fiSteen days under quarantine, unleSs fhe ffiall be Surniffied ■with one or more ventilators, in Such Sorm as the Board pf Health ffiall approve, whereof public notice fhall be given in at leaft two of the newfpapers printed in this city, within two weeks after the paffing of this act, in which cafe the cargo of the faid veffel fhall be re-delivered, and ffiall be dis- charged as aforefaid ; Provided, fhe has been at leaft ten days under quarantine, and the faid captain, mafter, owner or confignee may tranSport the cargo fo re-delivered, or any After quarantine , c r it -i-i i • i n n isexpired thecar- part thereof, from the Lazaretto in lighters, which fhall goes t0 ^ tr [ ^ ] general regulations, Specify and permit, hides, coffee, bedding and cloathing, and putrifying fubftances always excepted, may be unladen into lighters, and after remaining therein, during fo long a time as ffiall be directed by the Board of Health, may be conveyed in fuch lighters to the city of Philadelphia, fubject to fuch exceptions, regulations and reftrictions, with refpeft to the unloading, detention, ventilating, tranfporting and delivery thereof, as may eftablifhed by the faid Board of Health, whofe duty it fhall be, in making Such regula- Perfonal inter- tions, to prevent any perSonal intercourSe between the light- hvlterm^iTand e™en conducting fuch lighters, and the perfons on board perfon. on board the #■ or veffeis from which fuch goods, wares and mer- ol veffels to be r prevented. chandize may be fo unladen, or on board any other ffiip or veffel detained under (fuarantine as aforefaid, And provided Mafters of veffels further, that when the mafter or commander of any ffiip or qualaJine^&Vn veffel tying at t^ie P^ace c^ quarantine aforefaid, on board of board of which wi1icj1 no peftllential or contagious difeafe ffiall exift, ffiall no peililential or contagious dif- be defir®us of proceeding to fome other port or place be- ma^upon giving yond the Capes of Delaware, and ffiall give bond with fecurity bond proceed be- be approvea by the Board of Health, conditioned, that yond the Capes rr ' 7 of Delaware. no part of the cargo, or any of the crew or paffengers on board fuch fhip or veffel, fhall be landed at any place within the faid Capes of Delaware, or within the diftance of fifty miles beyond the fame, fuch fhip or veffel ffiall be allowed to proceed accordingly without further delay or detention. , e Sect. 6. And be it further enacted by the authority aforesaid, fri'm any port in J •/ •* J ' the ti. ». from That all ffiips or veffels, as well veffels of war as merchant the fifteenth day o' May to the veffels, coming from any port or place within the United with goods on States, and bound to the port of Philadelphia, from the b from the firft dayof oa°ber in ' any year, to the firft day of April in the next Succeeding year, it ffiall be the oS duty Said conSulting phyfician, provided Such ffiip or veffel ffiall not have been previoufly vifited and examined by the refident Phyfician and Quarantine mailer, and before any of the paffengers, crew, cargo or baggage are landed, to vifit and carefully examine Such ffiip or veffel in manner and form as the refident Phyfician and Quarantine mafter are bound to do, and to demand anSwers under oath or affirmation to be administered by the Said conSulting Phyfi- cian, who is hereby empowered to adminifter the Same, and, if the crew, paffengers, veffel and cargo be in a healthy ftate, and, if there ffiall appear no ground to fufpeft that any of the crew or paffengers have died in the voyage of any danger- ous, contagious difeafe whatever, or that the cargo, bedding and cloathing is infefted; then, and in fuch cafe, the faid r 17 j confulting phyfician ffiall give to the mafter or commander a Connote fo be gives to the maf- certificate of the facts, which the faid mafter or commander lc-r of fuch ihip, ffiall pre Sent at the Health-office within twenty-Sour hours w 'rc ".'" , e r J pvelenteu to tbe aSter Such examination ; and, if he fhall neglect fo to do Health office. being thereof convicted upon indictment under this act by verdict, confeffion or {landing mute in any court of criminal iurifdiction in this commonwealth, he ffiall be fentenced to pay Penal.y on ne- J gle<£t of prefent- a fine of three hundred dollars, to be recovsred and appro- ing the fame. priatecl as is hereinafter provided and directed; and, if on examination, any fufpicion ffiall arife in the mind of the Proceedings in . . c ca'e fu'picion a- faid confulting Phyfician touching the health of the crew or r,fe touching rhe paffengers or the infeftious ftate ofthe Veffel, cargo, bedding ^^c-orrhe or clothino- on board, no part thereoS ffiall be landed, but the infectious ftate 0 X , , . of the veffel, &c. Said conSulting Phyfician ffiall immediately report the fame to the Board of Health, who fliall direct and determine what meafures ffiall be purfued relative thereto, and the Said conSulting Phyfician, upon the requeft of the Health-officer Confulting Phy- or the Board of Health ffiall, from time to time, vifit and ^J u?°n ^e" examine Such houfes and perfons as the laid Board or the vifit and examine houfes. and per- Health-officer fliall have reafon to fufpect are infected with f0ns (ufpcded to ..,. n 11 .1 p be infected with any dangerous contagious difeafe, and make report thereof any dangerous to the faid Health-officer. 1^°™ d'f" Sect. 12. And be it further enacted by the authority afore- Duty of the 1 ,- , tt 1 1 re Health-officer. said, That it ffiall be the duty ot the Health-officer, at feafonable and proper hours, on each day, (Sunday ex- cepted) to open and keep a public office at fuch convenient place in the city of Philadelphia as ffiall be directed by the Board of Health whereat all mafters or captains of ffiips or veffels ffiall deliver the certificates or bills of health to them granted by the refident Phyfician and Quarantine-mafter or conSulting Phyfician as aforefaid, and the Board of Health, ffiall there affemble and meet, as often as they deem needful, fj^^^ for the purpofe of executing the duties and truft of their office. • j Further duties of appointment, and the faid Health-officer ffiall file and pre- the Healtn.0ui- icrvs in good order, all -thp certificates or bills of health So c"- C [ '8 delivered, and ffiall keep a regifter of the ffiips or veffels and the names ofthe captains or nl afters, owners or con- %nee for which the fame were refpectively granted, the port or ports from which the ffiip or veffel refpectively failed or at which they touched during their refpective voyages, and the number of perfons on board thereof, refpectively, at the time of their leaving their refpective ports of departure, and alfo at the time of their arrival refpectively at the port of Philadelphia, and the faid Health-officer ffiall attend the Health office at the meetings of the Board of Health and at fuch other times as ffiall be requifite for discharging the du- ties of his appointment, and generally enforce and execute the regulations and instructions of the Board of Health, and it ffiall be the duty of the Said Health officer to collect, recover and receive all forfeitures and penalties impofed and Sums of money directed to be paid by this act, and to collect, to the belt of his abilities, the fees of the refident Phyfician, Quarantine-mafter and conSulting Phyfician, and, f©r his trouble in collecting and receiving fuch forfeitures, penalties, funis of money and fees as aforefaid (other than the fees payable for his own Services) he ffiall have, receive and retain a compensation at and aSter the rate oS two and an half per centum on the amount fo recovered and received. Compensation Seft# U. And be it further enacted by the authority afcrc- allcved the reft- J s J1 j dent and confult- said, That the Health-officer on receiving from the captain ine Phyficians, n. r n • - ox oth'T inhabitant of this commonwealth, ffiall, knowingly, ping or al f07f;„g 20 The expence of boarding, lodg- ing, nurfing, &:. of difeafed per- fons at the Laza- zaretto—and of burying them— how to be defray- ed. Penalty on per- fons belonging to, or arriving in any veffel detained at the Lazvet'o, or any difeffed per- fons fent to (he Lazaretto, from the firft day of A- piil to the firft nay of October, eloping or abierit- ing, &c. And on perfons going on board aiy veffel under quarantine. Or of going with- i'i the limits of ii.i Lazaretto. receive, harbour or in any wiSe entertain any perSon fo elop- ing or abfenting from the Lazaretto, without having previ- oufly obtained and producing a difcharge as aforefaid, each and every mafter and captain, and each and every houfe- keeper or inhabitant, fo refpectively offending, Shall, on be- ing thereof legally convicted, forfeit and pay a fum of one hundred dollars ; and, moreover, be fentenced to imprison- ment at hard labour, Sor any term not leSs than one nor more than five years," and the expence and charge of boarding, lodging, nurfing, medicine, maintenance and other neceffaries which fliall be provided Sor the difeafed perfons landed and fent to the Lazaretto as aforefaid ; and, alfo, of burying them in cafe of their death, ffiall be paid and dis- charged by the importer, mafter or captain, owner or config- nee oS the ffiips or veffels refpectively in which Such diSeaSed perSons were refpectively imported, agreeably to the rates in that behalf by the Board of Health to be ordained and eftabliffied ; Provided always, nevertheless, that, when the difeafed perfons are paffengers and not fervants, the faid ex- pence and charges ffiall be repaid by them, their executors or adminiftrators, to the captain or mafter, owner or confignee, who ffiall pay and- Satisfy or be bound to pay and fatisfy the fame as aforefaid ; and, if any perfon arriving in or belong- ing to any Ship or veffel detained at the Lazaretto as afore- faid, or any difeafed or other perfon landed and fent to the Lazaretto by the refident Phyfician, Quarantine-mafter, Health-officer or conSulting Phyfician, refpectively, as afore- faid, from the firft day of April to the firft day of October, ffiall elope or abfent himfelf or herfelf from the faid Lazaretto or the jurifdiction thereof, without having firft obtained a difcharge Signed by the refident phyfician and Quarantine- mafter ; or, if any perfon other than thoSe detained at the Lazaretto as aforefaid ffiall go on board or along fide of any ffiip or veffel whilft under quarantine as aforefaid ; or, if any perfon not authorized by the proper officer, fliall go within the limits of the Lazaretto, fuch perfon or perfefls I 21 ] fliall perSorm Such quarantine as the Board of Health may direct; and, being thereof convicted upon indictment under this act, by verdict, confeffion or (landing mute in any court having criminaljurifdiction within this Commonwealth, ffiall, moreover, be Sentenced to, and Suffer confinement at hard labour in the jail of the county of Philadelphia for any Space not leSs than one or more than three years ; and, Penalty on new if any difeafed or other perfon landed and fent to the Laza- rai to 'obey tnc retto by the refident Phyfician, Quarantine-mafter, Health- d'^aio"s °^the J J ■ ^- ' refident Phyfician officer or conSulting Phyfician respectively as aSoreSaid, or or Quaramine- ... ii- • ir 1 wfter, and the any perSon arriving in or belonging to any fhip or veffel orders, &c. of detained at the Lazaretto as aSoreSaid, ffiall refufe or ne- „ B"ard ct 7 Health. gleet to obey the directions of the refident Phyfician or quarantine-mafter refpectively, agreeably to this act, and the orders and regulations by the Board of Health, which ffiall from time to time be ordained and eftabliffied for the govern- ment and management of the Lazaretto and the perfons, veffels and cargoes under quarantine, the perfon fo re- filling or neglecting ffiall, for each and every offence, on <■* being thereof legally convicted, forfeit and pay the fum of one hundred dollars, and fhall, moreover, be fentenced to imprifonment at hard labour for any term not lefs than one, nor more than five years. Sect. 15. And be it further enacted by the authority afore- said, That when any veffel fhall come up to the city of Phi- Tnwha' cafes the ladelphia or the ft ore of South wark or of the Northern Board °f He~?| r , may order veflels Liberties, in the river Delaware (although the faid veffel may infc£ted, back to the Lazaretto al- have obtained a certificate of health from the refident phy- though certift- Sician and quarantine-mafter, or conSulting Phyfician) iS the ^aThave been Said veffel fliall appear to the Board oS Health to be in- obtained fected with any contagious diforder, dangerous to the com- munity, the faid Board are hereby authorized to order the faid veffel to the Lazaretto, there to undergo the neceffary purification before fhe fliall be permitted to return to the L ^ -J The Board may €ity or ffiores aforefaid, and the faid Board are alfo hereby remove veffels, ~ , not infected,from authorized and impowered to remove any veilel or velieis fuch parts of the f f } f R . ^^ aforefaid as fhall be city or (hores as r " / may be infefted infected with fuch diforders as aforefaid, to fuch convenient with a con'agi- _ _. , ous difeafe. diftance as they may deem proper, although fuch veflels may not be infected. Sect. 16. And be it further enacted by theauthority afore- Craptains, owners ^ w That forpayment and fatisfaaion of all forfeitures and and confignees of veffels, liab'efor penalties which are impofed, and all Sums oS money direfted the payment of . , , , _ certain forfeitures by this aa to be paid by the mafters, captains, owners or con- an'd penalties im- f as well as the fl:lp3 or vefTtls reSpectively as the p led, and lums o ' ± of mo iey directed captains, mafters, owners or confignees thereof fhall be, and to be paid by this aft. are hereby declared liable ; Provided always nevertheless, that the expence and charges for cleanfing and purifying any goods, wares and merchandize freighted on board of Provifo anY ^1'1P or venf"e^ liable to be detained at the Lazaretto as aforefaid, fhallsbe paid by the owners or confignees of fuch goods, wares and merchandize to the captain, mafter, owner or confignee of the veffel, who ffiall pay and fatisfy, or be bound to pay and fatisfy the fame as aforefaid. The meffuages & io's, called City Hojfital, to be Sea. 17. And be it further enacted by the authority afore- °li- "u r •. i e said. That the meffuae;es and lots commonlv called the City public holpital, "-7 o j j &.c. until a ns.ore Hofpital, fituate on the north fide oS SaffaSras-ftreet and convenient place can be had; and eaft fide of the river Schuylkill ffiall continue to be held as tharT'&cO refi- a pffiffic Hofpital for the townffiips of the Northern Liberties ding within the an(j Moyamenfing, as well as Sor the city, and the diftria of city and county, jo who ihall be af- Southwark, until the Board of Health fliall procure and pro- flifted with any . . r r peftilential dif- V)de a more convenient public Holpital tor tnepurpole atore- eafe, except, &c j^i ^ jj perfons (other than perfons on board of any may and lhall, u- ' r v r ' pon the advice of fhip or veffel and liable to be fent as aforefaid to the Laza- the confulting . . . Phvfician, &c. retto) reSiding within the city and county of Philadelphia, be removed by j ^ n bg affli6led ith any peftilential or contagious the Health-ot- J r ° ficerto faidhof- difeaSe (the Small-pox and meafles excepted) may and ffiall, pi's', or to fuch other place as upon the advice and order oS the conSulting phyfician or any may be aprjroved «; &c. f=3 1 other phyfician orperSon authorized by the Board of Health, to grant fuch order, be removed by theHcalth-officer, and fuch affiftants as he ffiall, for that purpofe, employ to the faid public Hofpital or to fuch other places as the Said phyfician or Board of Health Snail approve, at the proper coft ofthe perfon fo removed, there to be lodged, nurfed and There tobe nu,f- maintained and kept, until duly difcharged by a permit in. ' ° £ ' writing figned by a phyfician of the faid public Hofpital ; Provided always, nevertheless, that each and evjry patient, T.ne pat; n^ „r^ and his or her eftate real and perfonal, fhall be liable to pay, nis real anJ Per- r ' 1 y fonaleftate, liib'e Satisfy and reimburfe all the charges and expence on his for the ex pence* i . . ■,.,»., .__„.. - which may bein- »or her account incurred in the laid public Hofpital, unlets curre,j unlefs the Board of Health award that he or fhe fliall be exonerated &c- or exempted therefrom. Sea. 18. And be it further enacted by tbeautbority afore- said, That, whenever, the faid Board of Health ffiall re- The duty and power of the ceive information that any contagious difeafe rages in any Board of Heakh, , .,.,__.._ • . upon receiving port or place "/ithin the United States, or on the continent jn;ormaticn that of America, they fliall make diligent enquiry concerning the an,y conugJO/iS 3 & ^ } ° difeafe rages in Same, and report the refult thereof to the Mayor or Recorder any port or place of the city of Philadelphia ; or, in their abfence, to any two ttd srate} or !,, Aldermen or Juftices of the Peace for the county, audit the Continent oi fliall and may be lawful for the faid Board by and with the confent and approbation of the faid mayor or recorder, aldermen or juftices as aforefaid, to prohibit and prevent all communication by land and by water with fuch inSeaed ports or places, by flopping all veffels coming into the port oS Philadelphia ; and at and beSore the Lazaretto, in the fame manner and under the the fame penalties and forfeitures as are hereby provided in cafe of veffels coming from the foreign ports mentioned in the preceding feaions of this aa, and by flopping all perfons coming from fuch infeaed places in fuch manner as the circumftances and exigencies of the cafe fliall require, and the Said Board oS Health in conjunc- tion with the mayor or recorder, aldermen or juStices as 24 aforefaid, are hereby authorifed and required, whenever a fever of a contagious nature fliall appear in any part of the city of Philadelphia, the diftria of Southwark, or the townffiips of the Northern Liberties or Moyamenfing to adopt, with- out delay, fuch prompt meafures as will effeaually prevent all communication between the part or parts fo infeaed, and any other pa**rt of the city, diftria or townffiips aforefaid, and All Judges, Juf- all Judges, Juftices, Sheriffs, Conftables, and other civil Conftables &c. officers and citizens of this ftate are hereby authorifed and aatborifed and re- impowered, enjoined and required to aid and affift the faid quired to affift in r ' J_ n executing the Board and their officers to the utmoft of their power in tions which may carrying into effea fuch rules, orders and regulations touch- be adopted,to flop • t^e ftop»aore 0f fuch intercourfe or removal of the in- the intercourfe, 5 l r 6 Sec. or remove the feaed, as the Board by and with the confent and approbation w e e ' of the faid Mayor or Recorder fliall ordain and publifh. Sea. lg. And be it further enacted by the authority afore- When any perfon sa'^i That, whenever, by the means aforefaid, or by the report within the_ city, 0f the Confulting Phyfician or any other Phyfician appointed with any contagi- bythe Board of Health (whonVthe faid Board are hereby gerous to the authorifed to fend to places or houfes fuppofed to be infeaed) community, the h ftall come tQ the knowieoVe of the faid Board, that any Board may take ° ' order to prevent perfon within the city of Philadelphia, the diftria of South- the fpreading of n . - , XT T , the contagion, ei- wark, the townffiips ot the Northern Liberties or Moya- ther by caufing menfmp- \s affliaed with any contagious difeafe, dangerous patients to be re- ° / o e> moved, or by pre- to the Community, it ffiall and maybe lawful for the faid venting,&c. com- . . munication with Board to take order for preventing the fpreading of the theinfeftedhoufs contarrion, either by caufing the patient to be removed to and family, ex- ° ' or cept, fcc. Some retired place at the coft of the patients, or his or her friends, or at the public charge, or by forbidding and pre- venting all communication with the infeaed houfe or familv, except by means of Phyficians, nurSes or meffengers to con- vey the neceffary adviSe, medicines and provifions to the affliaed, accordingly as the circumftances of the caSe ffiall render the one or the other mode, in their judgment, moft conducive to the public good with the leaft private injury. f -o J Sea. 20. And be it further enacted by the authority afore- Pe^lty upon re- J •* -^■ * lifting 'he exec■.•■■ said, That, iS any perSon fhall obftrua or refill the Board of tion of the pow - x-r , r c ers given to, or Health or any of the members thereof, or any perfon by them the performance appointed, in the execution of the powers to them given, or in ?. ,e u 'tenen performance of duties enjoined on them by this aa and the Board of Health. rules and regulations of the faid Board, fuch perfon fliall, on being thereof legally conviaed, forfeit and pay the fum of five hundred dollars, to be /ecovered and appropriated as is hereinafter direaed, and moreover, fliall be fentenced to imprifonment at hard labour for any term not lefs than one, nor more than five years ; and, if after the expiration ofthe Penalty on per- it_ r , n ,, , fons who, after quarantine, any mariner or other perfon who fhall have com- tne expiration of plied with the regulations hereby eftablifhed fliall commit any quarantine,-&c. 1 . ° J J ihall commit any violence on the perfon of a member of the Board of Health, violence on tK- perfon of a men-. - or any of the officers attached to the fame, for any thing ber of the Boar,; done in the execution of his duty, fuch perfon ffiall be fubjea, °or a "^ ' docn'R on conviaion thereof, to a fine of one hundred dollars, and in the executlon or his duty. ffiall alfo be fentenced to imprifonment at hard labour for any term not lefs than one nor more than five years. Sea. 21. And be it further enacted by the authority aforesaid, That all and every the penalties and forfeitures impofed by, and fums of money recovered under this aa, ffiall £11 penalties and 1 forfeitures to m- inure to the ufe of the inftitution under the management and ure to the ufe of ,. n. „> ' the inftitution. direaion ot the Board of Health, and no citizen or inhabi- tant of the city of Philadelphia, the diftria of Southwark difqual'S'from or the townffiips of the Northern Liberties or Movamenfing fitt.inSasa J".dge ° or juror, or from fliall be disqualified Srom fitting as judges or jurors, or Srom giving teftimony giving teftimony reSpeaing any of the offences mentioned in this aa, by reafon of his, her or their common intereft in the appropriation of the fum or penalties impofed for fuch offence, nor ffiall any member oS the board of health, or any officer appointed bythe faid board, be difqualified from Nomemberofthe n- r rs- r * r. • i <*• Board of Heaka giving teftimony refpeaing any of the faid offences. or officer appoint - Sea. 22. And be it further enacted by the authority afore- difq^alfS'fron" said, That all aaions or proSecutions to be commenced againft S'ving 'eftimony any mafter, captain, owner or confignee of any fhip or I-'mitation of ac- _. , , ,. . . „ tion* or profecu« veffel, or other perfon bv virtue of this aa fliall be brought tions. D •">./-—•+ within twelve months next after the arrival of the ffiip or veffel in the port of Philadelphia, and, if any aaion or Suit fliall be commenced again ft any perfon or perfons for any matter or thing committed in violation of this aa, the -iC j .u" mayi defendant or defenJa its mav plead the general iffue and give plead the general . r o o iffue, and give this aft and the fpecial matter in evidence at any trial to be this act in evi- dence, had thereupon. Sea. 23. And be it further enacted by the authority afore- said, that it fliall be the duty oS the Said board of health Board^ofHealih t0 cau^e a^ offenSive or putrid fubftances and all nui- fances which may have a tendency, in their opinion, to en- To caufe oftenfive danger the health of the citizens to be removed from the and pu'rid fub- ftances to be re- ftreets, lanes, alleys, highways, wharves, docks, or any other ftreets, wharves6 Part or PartS °^the cItv of Philadelphia, the diftria of South- docks, &c. wark and fhe townffiips' of the Northern Liberties and Moyamenfing, and to cauSe Such oS the privies within the limits aforefaid, to be emptied or correaed with lime, at The privies to be emptied, or cor- tne expence of the individuals who are owners of the houfes to which the faid privies are appurtenant, as the faid board ffiall from time to time deem neceffary for the health of the inhabitants thereof; and, if the owner or occupier of the Penalty upon the Premlfes on which any nuifance maybe found ffiall, on due owner or occupier notice thereof being given, refufe or negleft to have the iefufing or ne r ,. , . glefting to re- iame immediately removed, he, fhe, or they, fo refufing, or a^notke^g" mS[^^ ftal1 torfeit and pay Sor Such offence, any Sum ven- not leSs than fifty, nor more than two hundred dollars, to be recovered and appropriated as is by this aa direa^d. Sea. 24. And be it further enacted by the authority afore- said, That for defraying the expences to be incurred in erea- A tax to be levied ing and fupporting the aforefaid Lazaretto, and for carrying fu'pporting8 the into comPlete effe& the other provisions contained in this aa, Lazaretto, and for the faid Board of Health are hereby authorized and enroow carrying this ait , ^w.y- into effca. ered5 by and with the confent of the Mayor or Recorder, two Aldermen and two Juftices as aforefaid, to levy and collect by tax on the efhtes and inhabitants of the city of Phila- delphia, diftria of Southwark and townftiips of the Northern Liberties and Moyamenfing, in the Same manner, at the Same rater. ,j.ni under the fame regulation^ as the county rates and V^S levies are, or may be by hw levied and collected, fuch V*. fum, annually, as the faid board, by ah I <:t.i the c-nfen: - * of the Mayor or Recorder, two Aldermen and two Juftices as aforefaid, ffiall deem neceffary for the ufe of the (i\r] in- Stiuit":.n, Provided, the Same does not exceed the Sum of Limitation of the tax. fifty thoufand cedars ; and the Said Board of Health are hereby authorised aid empowved to borrow, upon the The Board em- ' 1 powered to bor- creditof the taxes ,ffi..reffi'ui, fu'..t Sum or fums of money as row money. may be thought neceff.'ry for the benefit f tlu Said inftitu- tion.. S-ct. 25. And be it farther enacted by the authority afore- said, That at any time between the fifteenth and twenty- fifth days of November, yearlv rmd everv year hereafter, rh- Bf'ard t0 "" ■ 1 - ' . . . port to the Go- the Board of Health fliall report to the (aovernor the amount vernor the amount r , 11 l 1 • J . • • J J ..1 °f the tax lev'c,i» of the tax which may be levied, the monies received and the f. e monies T'tge\. raonies expended in purfuance of this ad ; and, generally, «ed jnd expend- an exaa and circumftantial account of the inftitution and fhall publiffi the Same in one or more news papers printed 1 r The Report to in the city of Philadelphia. be publift«4- Scot. 26. And be it ftcrtbjr enacu-d by the authority afore- said, That no pilot, bringing a ihip or veffel to the L; /.iretto in an apparent ftate of good health, fliall be obliged to per- form quarantine, but -t ffiall be lawful fo, the Refident Phv- bribing veif 1 to tht Law lician to grant Such pilot a ■-. -rciriciite, permitting hiir. to in an apr ftate ot proceed to the Capes of Delaware, in ordei thnt he may pro- he/.uh°. *" i—cute his p'-ofeffion, but fuch pilot lh:dl not on any nreteuce come into the city of Philad.-lpiiia, the Northern L;bertie«:, the diftria of Southwark or townfhip of* Moyamenfing for twenty days from the date of fuch certificate imd-r the pe- nalty of one huneree dollars, and alio of one y-ar's impri-., fonment, which penalty Hull be recovered and apnl.-a 1:1 the mauner herein before direaed, and any pilot, bring-in,- to the .If. ■•lc,vcffl'1 i" ■ ' r ot- infected, or i faid Lazaretto a ffiip or veffel infect;: 1 or fiifpecled to 1>-.'in- ipected to ' ... ... . , . ,.„ i'ltcci'd, wit feaed with any -mlential or com .gnms difeafe, ne: be l0nt g;,ms ,y permitted to go a: d remain on Shore within the bounds of Cil1" lhe ^'ot ' ° niay go a i .i r< - the Lazaretto, during the tune the Snip or veffel brought "-in oa &jh. , within the bound or the Lazaret'O. Prnvifion *ith p.fpect to . ''<<'■■ thither by him fliall be detained, under quarantine, Provided if ibe -.iV,tKein- always, That if he ffiall be infeaed with-any fuch difeafe 'fC-ja -.ith fuch . difeafe he (hall as aforefaid, he ffiall be detained and treated in like man- o- df..ire an n£r ag feamen or paffenp-ers fo infeaed are herein direaed treai - 'i like " ° man...-.-withfea- to be detained and treated, And provided further, that if £• ri, and (hall be he ffiall go without the bounds of the faid Lazaretto, he Shall iwb^tothe arne ^ liable to the Same penalties as are by this aa impoSed per.'ities it he r j r 'liall t;o without on feamen or paffengers eScaping thereSrom. ■fie L-.unds of V • L-.zar.tto. S^R. 27. And be it further enacted by the authority afore- r said, that Such parts of theaa, entitled " An aa for eftabliffi- ir.e;- al of parts of former laws. ing an Health-office, and for otherwife fecuring the city and port of Philadelphia from the introduction of peftilential 2nd contagious difeafes, and for regulating the importation of German and other paffengers" paffed the twenty-Second day oS April one thouSand Seven hundred and ninety-four, *, • and of the aa, entitled " An aa to amend and repeal cer- '• tain provifions in the health laws of this Commonmon- wealth," paffed the fourth day of April one thoufand feven hundred and ninety-fix, and of the aa, entitled " An aa to alter and amend the health laws of this Commonwealth, and to incorporate a Board of Managers of the Marine and City Hofpitals of the port of Philadelphia, and for other pur- pofes therein mentioned," paffed the fourth day of April, one thoufand feven hundred and ninety eight, as are inconfiftent with this aft, be, and the Same are hereby repealed, and made void. * Sea. 28. And be it further enacted by the authority afore- ' L'-iitatt ■ .of this' said, That this aa fliall continue in force for''three years, and from thence to the end of the next feffion of the General Affembly and no longer. CADWALADER EVANS, >n'r, Speaker of the House of Representatives. ROBERT HARE, Speaker of the Senate. Approved, > April 11, 1799.5 . THOMAS MIFFLIN, Governor of the Commonwealth of PcnnfahiAri*t% >a m \iW '■''%<''