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Pilots or other

before or after such arrival, quit such vessel by going on shore in any 45 Geo. 3. place in Great Britain or the islands aforesaid, or by going on board c. 10. any other vessel or boat with intent to go on shore as aforesaid, before persons going such vessel so liable to quarantine shall be regularly discharged from on shore or on the performance thereof, it shall be lawful for all persons whatsoever, by any kind of necessary force, to compel such pilot or other person so quitting such vessel so liable to quarantine to return on board the same; and every such pilot or other person so quitting such vessel so Persons may liable to quarantine, shall for every such offence suffer imprisonment be compelled for six months, and shall forfeit 200l. (a)

board other

vessels.

to return.

quarantine in

clean bill of

Rule 21. When any vessel which has performed quarantine in any Vessels having foreign lazaret shall arrive in any of the ports of Great Britain, or the performed isles of Guernsey, Jersey, Alderney, Sark, or Man, with a clean bill of a foreign lahealth, no goods shall be permitted to be landed or unshipped, unloaded zaret, and aror moved, in order to be landed out of such vessel; but the commander riving with a or master of such vessel shall, immediately upon his arrival, give health, 28. notice thereof, and of the foreign port or ports in which such vessel hath performed quarantine, to the principal officer of customs at the port where he shall arrive, or at the port nearest thereto, in order that the same may be forthwith laid before His Majesty's privy council; and if the commander or master, or any person whatsoever, shall land, or shall unship, unload, or move, in order to land, any goods out of the said vessel, before an order of His Majesty's privy council shall be made, giving directions therein, or otherwise than shall be directed in the said order, every such person shall for every such offence forfeit 2001.

or persons

having inter

subject to

Rule 22. All persons liable to perform quarantine, and all persons Persons liable having had any intercourse or communication with them, whether in to quarantine, ships or in a lazaret, or elsewhere, shall be subject, during the said quarantine, or during the time they shall be liable to quarantine, to course with such orders as they shall receive from the superintendant of quarantine, them, to be or his assistant, or from the principal officer of customs at any place orders, § 23. where there is no such superintendant or assistant, or from any other officer of customs authorized to act in that behalf; and the said officers officers may are hereby empowered and required to enforce all necessary obedience enforce obedito the said orders, and in case of necessity to call in others to their ence, and assistance, and all persons so called in are hereby required to assist to be conaccordingly; and such officers are hereby empowered and required to veyed to lacompel all persons liable to perform quarantine, as aforesaid, and persons having had any intercourse or communication with them, to repair to such lazaret, vessel, or place, and to cause all goods and other articles comprised within any such orders to be made as last aforesaid, to be conveyed to such lazaret, vessel, or place duly appointed in that behalf, in such manner, and according to such directions, as shall be made by order of His Majesty in council,

(a) By 46 Geo. 3. c. 98. § 7. it shall be lawful for his Majesty, by his order or orders in council, notified by proclamation, or published in the London Gazette, to prohibit all persons, boats, and vessels whatsoever, from going, under any pretence whatsoever, within the limits of any station, which, by His Majesty, by any such order in council, has been or may be assigned for the performance of quarantine by any vessels without clean bills of health; and that if any person whatsoever, after such notification or publication of any such order in council, shall presume, under any pretence whatsoever, to go with any boat or vessel within the limits of any such station, he shall, for every such offence, forfeit 5001.

cause goods

zaret, &c.

45 Geo. 3. c. 10.

Persons not

cers, or attempting to

escape.

any

as aforesaid, or of the lords and others of the privy council, and if any person liable to perform quarantine as aforesaid, or obeying off. person having had any intercourse or communication with him, shall wilfully refuse or neglect to repair forthwith, when required and directed so to do by such officer, to the said lazaret, vessel, or place, duly appointed in that behalf, or having been placed in the said lazaret, vessel, or place, shall escape or attempt to escape out of the same before quarantine duly performed, the said quarantine officers, and also the watchmen and other persons appointed to see quarantine performed, and each of them, are hereby respectively required, by such necessary force as the case shall require, to compel every such person so refusing, neglecting, escaping, or attempting to escape, to repair or return to such lazaret, vessel, or place; and every person so refus ing or neglecting to repair forthwith to the said lazaret, vessel, or place, and also every person actually escaping as aforesaid, shall be adjudged guilty of felony, and suffer death as in cases of felony, without benefit of clergy.

Constables,

persons hav

ing quitted vessels, &c. $24.

Rule 23. It shall be lawful for any constable, or other peace officer, &c. may seize or any other person, to seize and apprehend any person that shall, contrary to the provisions of this act, have quitted or come on shore from any vessel liable to perform quarantine, or who shall have escaped from or quitted any vessel under quarantine, or from any lazaret, vessel, or place, appointed in that behalf, for the purpose of carrying such person before any justice of the peace or magistrate; and it shall be Warrants for lawful for any such justice or magistrate to grant his warrant for the the conveying apprehending and conveying of any such person to the vessel from vessels, or for which he shall have come on shore, or to any vessel performing qua

of persons to

confining

them.

rantine, or lazaret, from which he shall have escaped, or for the confining of any such person in any such place of safe custody, (not being any public gaol,) and under such restrictions as to having any communication with any other persons, as may, in the discretion of any justice of the peace or magistrate, (calling to his aid, if he shall Medical per- see fit, any medical person,) appear to be proper, until such person can be safely and securely conveyed to some place appointed for the performance of quarantine, or until directions can be obtained from the privy council, as to the disposal of any such person, and to make any further order or grant any further warrant that may be necessary in that behalf.

sons.

Directions

from privy council.

Officers guilty

Rule 24. If any officer of customs, or any other officer or person of a breach of whatsoever to whom it doth or shall appertain to execute any order

duty, 26.

Officers de

serting or neglecting duty.

made or to be made concerning quarantine, or the prevention of infection, and notified as aforesaid, or to see the same put in execution, shall knowingly and wilfully embezzle any goods or articles performing quarantine, or be guilty of any other wilful breach or neglect of his duty in respect of the ships, persons, goods, or articles performing quarantine, every such officer and person so offending shall forfeit such office or employment as he may be possessed of, and shall become from thenceforth incapable to hold or enjoy the same, or to take a new grant thereof; and every such officer and person shall forfeit 100.; and if any such officer or person shall desert from his duty when employed as aforesaid, or shall knowingly and willingly permit any person, vessel, or goods, to depart or be conveyed out of the said lazaret, or other place as aforesaid, unless by permission under an order of His Majesty in council, or under an order

c. 10.

of three or more of the lords or others of his privy council, or if any 45 Geo. 3. person hereby authorized and directed to give a certificate of a ship having duly performed quarantine or airing, shall knowingly give a false certificate thereof, every such person so offending shall be deemed Giving false guilty of felony, and suffer death, as in cases of felony, without benefit certificate. of clergy; and if any such officer or person shall knowingly and wil- Damaging fully damage any goods performing quarantine under his direction, he goods. shall be liable to pay treble damages and full costs of suit to the owner of the same.

tering lazaret,

§ 97.

Rule 25. If any person not infected with the plague, or other in- Persons not fectious disease, as aforesaid, nor liable to perform quarantine, shall infected enenter the said lazaret or other place so appointed as aforesaid, whilst any person infected with the plague or being under quarantine shall be therein, such person so entering the said lazaret, or other place so appointed, shall perform quarantine there, and if he or she shall return, or attempt to return, from thence, unless in such cases and by Attempting to such licences as shall be directed and granted by virtue of such order return. in council, it shall be lawful for the quarantine officers, watch- Officers, men, and other persons appointed to guard or secure the said lazaret watchmen, or other place so appointed, by such necessary force as the case shall require, to compel such persons so returning or attempting to return, return. to repair into the said lazaret or other place so appointed, there to continue and perform quarantine; and in case such person shall actually Actually esescape out of the said lazaret, or other place where he ought to have caping. performed quarantine, before he shall have fully performed the same, he shall be adjudged guilty of felony, and shall suffer death, as in cases of felony, without benefit of clergy.

&c. may com.

pel persons to

formed, and

Rule 26. After quarantine shall have been duly performed by any Quarantine vessel or person, obliged to perform quarantine as aforesaid, ac- duly per cording to this act and to such orders made as aforesaid, and upon proof made, proof to be made by the oaths of the master of such vessel, and 28. of two of the persons belonging thereto, or upon proof to be made by the oaths of two or more credible witnesses, before the collector or principal officer of customs, at the port where such quarantine shall be performed, or at the port nearest thereunto, or before any justice of the peace living near to the place, or when such quarantine shall have been performed within any of the said isles of Guernsey, Jersey, Alderney, Sark, or Man, before any two jurats or magistrates of any of the said isles respectively, that such vessel and every such person have duly performed quarantine as aforesaid, and that the vessel and every person are free from infection; and after producing a certificate to that purpose, signed by the chief officer who superintended the Certificate to quarantine of the said ship, or person acting for him, then such col- be produced, lector or principal officer of customs, or such justice of the peace, and persous or such jurats or magistrates, respectively, are hereby required to give released. a certificate thereof, and thereupon such vessel, and every such person so having performed quarantine, shall be liable to no further restraint or detention upon the same account for which such vessel, or person, shall have performed quarantine as aforesaid.

and vessels

Rule 27. All goods and other articles, liable to quarantine as Goods to be aforesaid, shall be opened and aired in such places, and for such aired and dis time and in such manner, as shall be directed by His Majesty, by such orders to be made as aforesaid; and after such orders

charged, 29.

45 Geo. 3. c. 10.

Forging cer

shall have been duly complied with, a certificate thereof shall be given. (a)

Rule 28. If any person shall knowingly and wilfully forge, or protificates, 30. cure to be forged, any certificate directed to be granted by this act, or shall publish as true any such forged certificate, knowing the same to be forged, he shall be adjudged guilty of felony, and shall suffer death, as in cases of felony, without benefit of clergy. (b)

Landing ar

quarantine, or

receiving them after

Secreting articles.

Rule 29. If any person shall land or unship, or shall move, in orticles liable to der to the landing or unshipping thereof, any goods, letters, or any other articles whatever, from on board any vessel liable to perform quarantine as aforesaid, or shall knowingly receive the same after they wards, 1. have been so landed or unshipped, every such person shall forfeit a sum not exceeding 500l. nor less than 1007.; and if any person shall clandestinely convey, or shall secrete or conceal for the purpose of conveying, any letters, goods, or other articles as aforesaid, from any vessel actually performing quarantine, or from the lazaret or other place where such goods, or other articles, shall be performing quarantine, every such person so offending as last aforesaid shall be adjudged guilty of felony, and shall suffer death, as in cases of felony, without benefit of clergy.

Vessels may

$32.

Rule 30. In case it shall at any time happen that any part of be prohibited Great Britain, Ireland, or the isles of Guernsey, Jersey, Alderney, from sailing, Sark, or Man, or France, Spain, or Portugal, or the Low Countries, shall be infected with the plague, or any other such infectious disease as aforesaid, it shall be lawful for His Majesty, by his proclamation, to prohibit and restrain all small boats and vessels under the burthen of 20 tons, from sailing or passing out of any place of Great Britain, or the isles of Guernsey, Jersey, Alderney, Sark, or Man, until security be first given by the master of every such boat or vessel, to the satisfaction of the principal officer of customs, or the chief magistrate of the place from whence such boat or vessel shall sail, by bond taken by such officer or magistrate, to the King, with sufficient sureties

(a) By 46 Geo. 3. c. 98. § 5. after such orders for the opening and airing of goods and articles shall have been duly complied with, proof thereof shall be made by the oaths of the master of the lazaret or vessel in which they shall have been opened and aired, and one of the guardians, or, if there be no guardian, then of one of the officers authorized by the commissioners of customs to act in the service of quarantine in the lazaret or vessel, or if there be no such officer, then by the oaths of two or more credible witnesses serving therein, before the superintendant of quarantine, or his assistant, if such officer be established there, otherwise before the principal officer authorized by the commissioners of customs to act in the service of quarantine at such place; and the superintendant, assistant, or principal officer, as the case may be, shall make certificate of such proof having been made; and upon the production of such certificate to the proper officer of customs, such goods and articles shall be liable to no further restraint or detention, either at the place where quarantine shall have been performed, or at any other place whereto they may be afterwards conveyed.

(b) By 46 Geo. 3. c. 98. § 8. if any person shall knowingly and wilfully forge or counterfeit, interline, erase, or alter, or procure to be forged or counterfeited, interlined, erased, or altered, any certificate directed or required to be granted by any order of His Majesty in council, now in force, or hereafter to be made, touching quarantine, and the prevention of infection, or shall publish as true any such forged or counterfeited, interlined, erased, or altered certificate, knowing the same to be forged or counterfeited, interlined, erased, or altered, or shall knowingly and wilfully utter and publish any such certificate, with intent to obtain the effect of a true cert ficate to be given thereto, knowing the contents of such certificate to be false, be or she shall be adjudged guilty of felony, and shall suffer death, as in cases of felony, without benefit of clergy.

in the penalty of 300l. with condition that if such boat or vessel shall 45 Geo. 3. not go to or touch at any country or place, to be mentioned for that c. 10. purpose in such proclamation, and if neither the master of such boat or vessel, nor any mariner or passenger in such boat or vessel, shall, during the time aforesaid, go on board any other vessel at sea, and such master of such boat or vessel shall not permit or suffer any person to come on board such boat or vessel at sea, from any other vessel, and shall not, during the time aforesaid, receive any goods whatsoever, out of any other vessel, then such bond shall be void, for the making of which bond no fee or reward whatsoever shall be taken; and in case any boat or vessel, for which such security shall be required by such Sailing with proclamation, shall set sail or pass out of any place of Great Britain, out giving or the islands of Guernsey, Jersey, Alderney, Sark, and Man, or any of them respectively, before such security be given as aforesaid, every such boat or vessel so sailing or passing out of any place, contrary to this act, together with her tackle, &c. shall be forfeited to His Majesty, and the master of, and every mariner sailing in, any such boat or vessel, shall severally forfeit 201.

security.

Rule 31. The publication in the London Gazette of any order in Publication council, or of any order by three or more of the lords or others of of orders in His Majesty's privy council, made in pursuance of this act, or His council, § 33. Majesty's royal proclamation made in pursuance of the same, shall be deemed to be sufficient notice to all persons concerned of all matters therein respectively contained.

Rule 32. In all cases wherein, by virtue of this act, any examina- who may tions or answers shall be taken or made upon oath, the person who administer shall be authorized and required to take such examinations and an- oaths, 37. swers shall have full power and authority to administer such oaths; (a) and if any person who shall be so interrogated or examined shall wilfully swear falsely to any matter, concerning which such per- False oaths. son shall depose or make oath on such examination or in such answers, or if any person shall procure any other person so to do, he so swearing falsely, or procuring any other person so to do, shall be deemed to have been guilty of, and shall be liable to be prosecuted for, wilful and corrupt perjury, or subornation of wilful and corrupt perjury, as the case may be, and shall suffer the pains, penalties, and punishments of the law, in such case respectively made and provided. (b)

determined

Rule 33. All offences committed against any of the provisions of what of this act, not being felony, and every offence or disobedience to any fences may be order of council, made for the better carrying into execution of this before jusact, for which no specific penalty, forfeiture, or punishment is provided tices, § 38. by this act, shall and may be tried, heard, and determined before any two justices of the peace of the county or place where such offence or disobedience shall happen; and if any person shall be convicted of any such offence or disobedience, he shall be liable to such forfeiture and penalty, not exceeding 501. for any one offence, or to such imprisonment, not exceeding three months for any one offence, as shall, in

(a) By 46 Geo. 3. c. 98. § 9. the consuls and vice-consuls of His Majesty are hereby empowered to administer oaths in all cases respecting quarantine, in like manner as if they were magistrates of the several towns or places where they respectively reside.

(b) In 46 Geo. 3. c. 98. § 10. the above section is repeated verbatim.

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