Immigration and the Commissioners of Emigration of the state of New York/Appendix/5
V. An Act
FOR THE MORE EFFECTUAL PROTECTION OF EMIGRANTS ARRIVING AT THE PORT OF NEW YORK.
Chapter 857.
[Passed June 5, 1868, three-fifths being present.]
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Sec. 1. Each Commissioner of Emigration shall have power to administer an oath to, and examine under oath, any witness respecting any complaint made by any person relative to the ship in which any passenger was brought to the United States, or the treatment of any passenger during the voyage, or the food or drink furnished to any passenger on the voyage, or the death on the voyage of any passenger; but to entitle the same to be read upon the trial of any person accused of any crime or offence, such examination shall be made in the presence of the person complained of, who shall have a right to cross-examine every such witness.
Sec. 2. Such Commissioner shall cause such testimony to be reduced to writing before him, and shall sign and certify the same, and shall deliver such depositions, so signed and certified, to the Clerk of the County of New York, who shall file the same of record in his office, and shall enter a docket or minute of such filing, on payment of a fee of one dollar.
Sec. 3. The said clerk shall deliver a certified copy of such deposition to any person applying for the same, upon payment of a fee of twenty-five cents for such certificate, and of five cents for every folio of one hundred words therein contained.
Sec. 4. Such deposition and certified copies thereof shall be evidence in any action then or thereafter pending, between any of the passengers on such voyages, and the said ship, or her owners, master or charterers, victualling, manning, and navigating her for such voyage, upon any claim involving the facts therein testified to.
Sec. 5. Before taking such testimony, such Commissioners shall cause at least six hours written notice thereof to the said vessel, her owners, master, or charterers, to be served on the owners personally, or on the master personally, or by handing a true copy thereof to the person found in charge of such vessel. The said notice, with an affidavit of service, which may be made before such Commissioner, shall be attached to the deposition; but such notice need not name the owner, master, or charterer, and such owner, master, or charterer, or their agent, may cross-examine said witness; but no examination shall be adjourned for more than twenty-four hours, unless by reason of sickness of such witness.