Section 4

Section 4. And be it further enacted by the authority aforesaid, That from and after the passing of this act, every ship or vessel coming from any foreign port or place, bound to the port of Philadelphia, between the first day of June and the first day of October in every year, shall come to anchor in the river Delaware, as near the Lazaretto as the draught 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 examination hereinafter directed. And if any master, commander 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 United States, to be landed on either shore of the Delaware 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 hereinafter specified, the person or persons so permitting, and the person or persons so landed or going on board, unless imminent danger of the loss of the vessel or lives of the crew shall render assistance necessary, being thereof convicted upon indictment or prosecution under this act, by verdict, confession or standing mute, in any court having jurisdiction of the offence, shall pay a fine not exceeding five hundred dollars, to be recovered and appropriated as is herein directed. And it shall be the duty of the Lazaretto physician and quarantine master, so soon as any ship or vessel shall be anchored near the Lazaretto, between sun rise and sun set immediately, wind and weather permitting, to go on board the same, and there thoroughly examine, in such form and manner 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 administered by either the said physician or quarantine master, who are hereby severally empowered to administer the same, to all such questions as shall be 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 to time direct to be asked; but it shall be the duty of the person so examining on oath or affirmation, before he shall proceed therein, to make known to the person interrogated, the penalty imposed 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 no malignant or contagious disease prevailed at the time of her departure, that the persons on board such ship or vessel are free from every pestilential or contagious disease, the small pox and measels excepted, and that the said vessel has had no malignant disease on board, either during the homeward bound voyage, or during her continuance in a foreign 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 such ship or vessel, a certificate of the facts, in such form as shall be directed by the board of health, and the said captain or master may thereupon proceed according to his destination, and shall present such certificate at the health office in Philadelphia, within twenty-four hours after his arrival and safely mooring there. But if it shall appear upon such examination, that the ship or vessel came from a port or place at which a malignant or contagious disease prevailed, such vessel shall be detained at the Lazaretto for such time as the board of health shall deem necessary, not exceeding twenty days, and the letter bag of the vessel when purified, and such letters as the master, commander or passengers shall think proper to write to their owners, consignees or friends, shall be transmitted to the health office in Philadelphia, who shall safely deposit the same in the post office. And thereupon the board of health shall determine and direct what measures shall be pursued to cleanse the vessel and cargo, purify the clothing and baggage, and restore the health of diseased persons on board; which direction shall be carried into execution, under the inspection of the Lazaretto physician and quarantine master, at the expense of the master, owners or consignees of the vessel and goods respectively, in such manner as by the said orders shall be directed: Provided always, That wine, rum, salt, sugar, spirits, molasses, mahogany, manufactured tobacco, dye woods, preserved fruits, and such other articles as the board of health shall by their general regulations specify and permit, may be conveyed immediately to the city in lighters. And at the expiration of the said time, if it shall appear to the said physician and quarantine master, that no person has been sick with a malignant or contagious disease, the small pox and measels excepted, on board said ship or vessel, either during the voyage homeward, or during her continuance in a foreign port, nor any of the crew or passengers, or other persons from on board such vessel during the performance of quarantine, and the said physician and quarantine master 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 the city, the said captain or master may proceed with the same according 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 Philadelphia, he shall present the said certificate of the physician and quarantine master, at the health office, within twenty-four hours after his arrival; but if upon examination of any vessel, by the said physician 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 the said vessel, with any malignant or contagious disease, either during the voyage homeward, or during the continuance of the vessel in a foreign port, or during the performance of quarantine at the Lazaretto, (or that any person on board such vessel has been affected with such disease) then in such case the vessel shall be detained such further time as the board of health may deem necessary, and the cargo and baggage, except such part thereof as in the opinion of the board of health, may be supposed incapable of retaining infection, which said part may be transported to the city in lighters, shall, unless otherwise ordered and directed by the board of health, be unladened and thoroughly cleansed and purified, and the crew and passengers which were on board the 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 October then next ensuing, without the license and permission of the board of health, to that effect first had and obtained: Provided nevertheless, That such ship or vessel, after she shall have been thoroughly cleansed and purified, if no malignant 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 questions as the Lazaretto physician and quarantine master, or the said health officer or port physician shall ask, agreeably to this act, or the rules, (heretofore established) or which shall from time to time be established by the board of health, in conformity with this act, or shall knowingly deceive or attempt to deceive the proper officers as aforesaid, in his answers to their official enquiries, he having been duly informed and apprised of the penalties imposed by this act, on the person so offending, previous to his said examination, by the person making such examination, such person for each and every offence, being thereof legally convicted, shall forfeit and pay a sum not exceeding five hundred dollars, to be recovered and appropriated as hereinafter 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 present his certificate at the health office, in any case in which he is herein before directed so to do, within the time directed by this act, he shall forfeit and pay the sum of three hundred dollars, to be recovered and appropriated as hereinafter directed. And if any captain or master of any ship or vessel, or any other person on board the same, shall refuse or neglect to comply with the directions of the Lazaretto physician and quarantine master, which shall be made agreeably to this act, or the regulations of the board of health, with respect to the detention of any ship or vessel, or the landing from onboard the same of any person or persons, or of any goods, merchandize, bedding baggage or clothing, or shall refuse to carry the same into effect, such person, for each and every such offence, shall forfeit and pay a sum not exceeding five hundred dollars, nor less than two hundred dollars, to be recovered and appropriated as in hereinafter provided and directed.