CHAP. 474.

AN ACT for the protection of immigrants, second class, steerage, and deck passengers.

Passed April 13, 1855, three-fifths being present.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

1. It shall be the duty of all companies, associations, and persons, hereafter undertaking to transport or convey, or engaged in transporting or conveying, by railroad, steamboat, canal-boat or propeller, any immigrant, second class, steerage, or deck passenger, from the city, bay, or harbor of New York, to any point or place, distant more than ten miles therefrom, or from the cities of Albany, Troy, and Buffalo, the town or harbor of Dunkirk, or the suspension bridge, to any other place or places, to deliver to the mayors of the city of New York, Albany, Troy, and Buffalo, on or before the first day of April in each and every year, a written or printed statement of the price, or rates of fare, to be charged by such company, association, or person, for the conveyance of such immigrant, second class, steerage and deck passengers, respectively, and the price per hundred pounds for the carriage of the luggage, and the weight of luggage to be carried free of such passengers from and to each and every place, from and to which any such company, association, or person, shall undertake to transport and convey such passengers; and such prices or rates shall not exceed the prices and rates charged by the company, association, or person, after the time of delivering such statement to the said mayors; and such statement shall also contain a particular description of the mode and route by which such passengers are to be transported and conveyed, specifying whether it is to be by railroad, steamboat, canal-boat, or propeller, and what part of the route is by each, and also the class of passage, whether by immigrant trains, second class, steerage, or deck passage. In

case such companies, association, or person, shall desire thereafter to make any change or alteration in the rates or prices of such transportation and conveyance, they shall deliver to the said mayors respectively a similar statement of the prices and rates as altered and changed by them; but the rates and prices so changed and altered, shall not be charged or received until five days after the delivery of the statement thereof to the said mayors respectively.

§2. Every ticket, receipt, or certificate which shall be made or issued by any company, association, or person, for the conveyance of any immigrant, second class, steerage, or deck passengers, or as evidence of their having paid for a passage, or being entitled to be conveyed from either or any of the points or places in the first section of this act mentioned to any other place or places, shall contain or have endorsed thereon a printed statement of the names of the particular railroad or railroads, and of the line or lines of steamboats, canal-boats, and propellers, or of the particular boats or propellers, as the case may be, which are to be used in the transportation and conveyance of such passengers, and also the price or rate of fare charged or received for the transportation and conveyance of any such passenger or passengers with his or their luggage.

§3. It shall not be lawful for any person or persons to demand or receive, or bargain for the receipt of any greater or higher price or rate of fare for the transportation and conveyance of any such immigrant, second class, steerage, or deck passengers with their luggage, or either, from either or any of the points or places in the first section of this act mentioned, to any other point or place, than the prices or rates contained in the statements which shall be delivered to the mayors of the cities of New-York, Albany, Troy, and Buffalo, and said commissioners, respectively, as in the said first section provided for, or the price or rates which shall be established and fixed for the transportation and conveyance of such passengers and their luggage, or either, by the proprietors or agents of the line or lines, or means of conveyance, by which such passenger or passengers and their luggage are to be transported or conveyed.

In all cases each immigrant over four years of age conveyed by railroad shall be furnished with a seat with permanent back to the same, and when conveyed by steamboat, propeller, or canal-boat, shall be allowed at least two and one-half feet square in the clear on deck. Such deck shall be covered and made water-tight over head, and shall be properly protected at the outsides, either by curtains or partitions, and shall be properly ventilated.

§4. Any company, association, person or persons, violating or neglecting to comply with any of the provisions of the first or second sections of this act, shall be liable to a penalty of two hundred and fifty dollars for each and every offence, to be sued for and recovered in the name of the people of this state; and every person violating any of the provisions of the third section of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof, the person offending may be punished by a fine of two hundred and fifty dollars, or by imprisonment not exceeding one year, or by both fine and imprisonment, in the discretion of the court; one half of which fines, when recovered, shall be paid to the informer, and the other half into the county treasury where the action shall be tried or the conviction had.

§ 5. It shall be the duty of every magistrate who shall issue a warrant for the apprehension of any person or persons for violating the provisions of the third section of this act, within twenty-four hours after such person or persons shall have been taken and brought before him, to take the testimony of any witness who may be offered to prove the offence charged, in the presence of the accused, who may, in person or by counsel, cross-examine such witness. The testimony so taken shall be signed by the witness, and be certified by the magistrate, and in case such magistrate shall commit the accused to answer the charge, he shall immediately thereafter file the testimony so taken, with the district attorney of the county in which the offence was committed, to be used on the trial of or any further proceedings against the accused; and the testimony so taken shall be deemed valid and competent for

that purpose, and be read and used with the like effect as if such witness were orally examined on such trial or proceedings. After the testimony of any witness shall be so taken, he shall not be detained, nor be imprisoned, or compelled to give any recognizance for his future appearance as a witness on any trial or proceeding thereafter to be had in the premises.

§6. The commissioners of emigration shall, from time to time, designate some one place in the city of New-York as they shall deem proper for the landing of emigrant passengers, and it shall be lawful for such passengers to be landed at such place so designated by the commissioners of emigration.

§7. The commissioners of emigration shall have authority to purchase, lease, construct and occupy such wharves, piers, and other accommodations in the cify of New-York, as may be necessary for the accommodation of emigrant passengers for the purposes mentioned in the last preceding section.

§8. Whenever the health officers shall give notice in writing to the owner or owners, consignee or consignees, master, commander, or persons having charge of any vessel having emigrant passengers on board such vessel, to land such passengers at any pier or place in the city of New York designated specially by the commissioners of emigration for the landing of emigrant passengers, it shall not be lawful to land such passengers at any other pier or place, and the owners and master of any vessel from which passengers shall be landed in violation of the provisions of this section, shall be subject to a penalty of five hundred dollars for each and every violation thereof, to be sued for and recovered, with costs of suit, in the name of the commissioners of emigration, in any court having cognizance thereof, the said penalty when recovered to be applied and used by the said commissioners for the purposes for which said commissioners are constituted.*

89. All acts or parts of acts inconsistent with the provisions of this act, are hereby repealed.

§ 10. This act shall take effect immediately.

The commissioners of emigration may, when in their opinion it shall seem necessary, appoint a proper person or

Amended Ch. 579 of Laws of 1857, § 6.

be apppoint

vessels and

grants.

persons, to board vessels from foreign ports at the quaran Persons may tine ground or elsewhere in the port of New York, having ed to board on board emigrant passengers, for the purpose of advising advise emisuch emigrants, and putting them on their guard against fraud and imposition; and the health officer is hereby required to prevent any person or persons from going on board such vessels, which may be subject to examination by him, until after the said person or persons appointed by the commissioners of emigration, shall have had sufficient opportunity to perform their duty. (§ 6 of Chap. 219 of Laws 1848.)

Restriction

ing custom

for transpor

tation lines.

No person holding oflice under the government of the United States, or of this State, or of any of its cities, or who as to solicitshall be in the employment of the commissioners of emi gration, shall solicit custom for any transportation line, or shall be interested in any way, directly or indirectly, in the forwarding of emigrants, under a penalty of not less than one hundred dollars, and not exceeding three hundred dollars, to be sued for in the name of the people of this State, and which money when collected, shall be paid into the County Treasury, for the use of the poor of said county. (S 8 of same Ch.)

Restriction as to lien on

ers.

No keeper of any emigrant boarding-house shall have any lien upon the baggage or effects of any emigrant effects of emifor boarding, lodging, storage, or any other account what- grant boardever, for any greater sum than shall be due from such emigrant for boarding and lodging according to the rates or prices so posted as above provided*; and upon complaint being made upon oath before the mayor or any police. magistrate of the city in which such boarding-house is located, that the luggage or effects of any emigrant are detained by the keeper of any emigrant boarding-house, under pretence of any lien upon such luggage or effects, or on any claim or demand against the owner or owners thereof, for any other or greater sum than in accordance with such rates, it shall be the duty of the officer before whom such complaint is made, immediately to issue his warrant, di

*See § 3, of Ch. 219 of Laws of 1848.