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45 Geo. 3. c. 10.

Orders in

council for

shortening,
releasing
from, or miti-

rantine.

that purpose; and likewise to make such orders as they shall see fit for shortening the time of quarantine to be performed by particular vessels, or particular persons, goods, or any other articles, or for wholly releasing particular vessels, or particular persons, goods, or any other articles, from quarantine, absolutely or conditionally, and gating, qua- generally to mitigate the strict performance of quarantine in particular cases, as special circumstances shall appear, in their judgment, to require; and all such orders so made by the lords or others of the privy council shall be as good, valid, and effectual, to all intents and purposes, (as well with respect to the commander or master of any such vessel, and all other persons on board the same, as with respect to any other persons having any intercourse or communication with them, and to the penalties, forfeitures, and punishments, to which they may respectively become liable,) as any order made by His Majesty in council, concerning quarantine, and the prevention of infection as aforesaid, and notified by proclamation, or published in the London Gazette.

Disease ap
pearing in
vessels in the
Streights of
Gibraltar,
$13.

Streights.

Case to be

Rule 12. If the plague, or such other infectious disease as aforesaid, shall appear on board any vessel within the Streights of Gibraltar, the commander or master thereof shall immediately proceed to some one of the foreign lazarets, and there perform quarantine, until such time as the land lazaret to be erected as aforesaid shall, by His Majesty in council, and by order of the same, notified by proclamation, or published in the London Gazette, have been declared to be fit for the due performance of quarantine therein; but if such plague, or other such infectious disease, shall Without the appear on board any vessel without the Streights of Gibraltar, then the commander or master thereof shall (unless such land lazaret shall have been so declared to be fit for the due performance of quarantine therein) immediately proceed to the harbour of Saint Helen's, Tean and North Withel, being two of the islands commonly called the Islands of Scilly, or to such other place as His Majesty in council shall from time to time direct and appoint; (a) where being arrived he shall make known his case to some officer of customs there, who made known. shall immediately acquaint the governor, deputy-governor, or other principal magistrate thereof, and also the principal officer of customs at some port in England near thereunto; and the said principal officer of customs at such near port in England shall, with all possible speed, send intelligence thereof to the commissioners of customs in London; and the said governor, deputy-governor, or other principal magistrate shall, in like manner, with all possible speed, send intelligence thereof to the privy council, to the end that such measures may be taken for the comfort and support of the crew and passengers on board such ship so infected, and such precautions used to prevent the spreading of the infection, as the case shall require: and the Directions to said vessel shall there remain until directions shall be given relative thereto by the lords or others of His Majesty's privy council, nor shall any of the crew or passengers on board thereof go on shore; but in case the said commander or master of the vessel so infected shall not be able to make the said islands of Scilly, or other place so appointed able to make by His Majesty, as aforesaid, or shall be forced by stress of weather

be given.

Persons not to go on

shore.

Vessel not

station.

(a) See orders in council at the end of Rule 35 of this title.

or otherwise to go up either of the channels, it shall not be lawful for 45 Geo. 3. him to enter with such vessel into any other place in Great Britain, or c. 10. the islands of Guernsey, Jersey, Alderney, Sark, or Man, but he shall remain in some open road till he receives directions relative thereto from the privy council, and he shall use every necessary means in his power to prevent any of the ship's company or passengers from going

out of his ship, and to avoid all intercourse with other vessels or per- To avoid insons; and such ship's company or passengers shall, until such com- tercourse, &c. mander or master shall have received such directions, remain in such ship, and shall avoid all intercourse with other vessels or persons; and such master, and every other person on board such vessel, shall obey such directions as he shall receive from the lords or others of His Majesty's privy council, as aforesaid; and the said commander, master, or any other person on board such vessel as aforesaid, who shall not act conformably to the regulations herein directed, or shall act in disobedience to such directions as shall be received on board such vessel from the lords or others of the privy council, as aforesaid, shall be adjudged guilty of felony, and shall suffer death as in cases of felony, without benefit of clergy.

other vessels at sea, or

Rule 13. Every commander or master of any vessel liable to the Signals on performance of quarantine is hereby required, at all times when such meeting vessel shall meet with any other vessel at sea, or shall be within four leagues (a) of the coast of Great Britain or Ireland, or the islands of being near Guernsey, Jersey, Alderney, Sark, or Man, to hoist a signal to denote coast, § 14. that his vessel is liable to the performance of quarantine, which signal shall be, in the day-time, if the said vessel shall have a clean bill of health, a large yellow flag of six breadths of bunting at the main-topmast head; and if such vessel shall not have a clean bill of health, then a like yellow flag, with a circular mark or ball entirely black in the middle thereof, whose diameter shall be equal to two breadths of bunting; and in the night-time the signal shall in both cases be a large signal lantern, with a light therein (such as is commonly used on board His Majesty's ships of war), at the same mast-head; and such commander or master shall keep such signals respectively, as the case shall be, hoisted during such time as the said ship shall continue within sight of such other vessel, or within four leagues of the said coasts or

(a) By 46 Geo. 3. c. 98. § 1. every commander or master of any vessel, on board whereof the plague, or other infectious disease highly dangerous to the health of His Majesty's subjects, shall actually be, shall, at all times when such vessel shall meet with any other vessel at sea, or shall be within four leagues of the coast of Great Britain, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, hoist a signal to denote that his vessel has the plague, or other infectious disease highly dangerous to the health of His Majesty's subjects actually on board thereof, which signal shall be in the day-time a flag of yellow and black, borne quarterly, of eight breadths of bunting at the main-top-mast head, and in the night-time the signal shall be two large signal lanterns (such as are commonly used on board of His Majesty's ships of war) one over the other at the same mast-head, and such commander or master shall keep such signal hoisted during such time as the said vessel so having the plague, or such other infectious disease, on board thereof, shall continue within sight of such other vessel, or within four leagues of the said coasts or islands; and while so in sight, or within such distance, until such vessel so having the plague, or such other infectious disease, on board thereof, shall have arrived at the place where it is to perform quarantine, and until it shall have been legally discharged from the performance thereof; on failure whereof such commander or master of such vessel shall forfeit for every such offence 200!. (See note to Rule 15 of this title.]

45 Geo. 3. .. 10.

Hoisting sig

islands, and while so in sight, or within such distance, until such vessel so liable to quarantine shall have arrived at the place where it is to perform quarantine, and until it shall have been legally discharged from the performance thereof; on failure whereof such commander or master of such vessel so liable to the performance of quarantine shall forfeit for every such offence 2001.

Rule 14. If any commander or master of any vessel, knowing that nals when not the same is not liable to the performance of quarantine, shall hoist such rantine, § 15. signals as aforesaid, or either of them, by day or night respectively, such commander or master shall forfeit 2007.

liable to qua

Account to

of loading,

&c. 16.

Rule 15. Every commander or master of any vessel coming from pilot of places foreign parts shall give to the pilot who shall go on board such vessel a written paper, containing a true account of the names of the place and country at which such vessel shall have loaded, and also of all the places at which any such vessel should have touched on the homeward voyage, on pain of forfeiting 2001. for any neglect or refusal to give such paper, or for any false representation or wilful omission therein; and if by any proclamation or order of His Majesty in council, made after the departure of any such vessel from Great Britain, and then in force, vessels coming from any place mentioned in any such paper shall be liable to the performance of quarantine, such pilot shall immediately give notice thereof to the commander of such vessel, on pain of forfeiting 501. for any neglect therein; and such commander shall thereupon hoist a proper signal according to the provisions of this act, and under the penalties in this act contained, for any neglect or refusal in respect of hoisting such signals. (a)

Pilot to give

notice of new

orders.

Signal to be

hoisted.

Pilots bring. ing vessels into wrong

Rule 16. In case any pilot shall bring or conduct, or cause to be brought or conducted, any vessel liable to the performance of quastations, $ 17. rantine, into any place which is not, or which shall not be, specially appointed for the reception of vessels so liable, after receiving such paper as aforesaid, whereby it shall have been made appear that such vessel was liable to the performance of quarantine, or without requiring and receiving such paper as aforesaid of and from every such commander or master of any vessel coming from foreign parts, unless compelled by stress of weather, adverse winds, or accidents of the seas, such pilots shall for each such offence forfeit 100l. (a)

(a) By 46 Geo. 3. c. 98. § 2. every master of any vessel coming from foreign parts, which shall not be liable to quarantine in respect of the place from whence such vessel comes, shall give to the pilot who shall go on board of such vessel a written paper, containing a true account of the different articles composing the cargo of such vessel, on pain of forfeiting 2001, for any neglect or refusal to give such paper, or for any false representation or wilful omission therein; and if by any proclamation or order in council then in force, vessels having on board any of the articles mentioned in such paper shall be liable to the performance of quarantine, such pilot shall immediately give notice thereof to the mater, on pain of forfeiting 100%. for any neglect therein; and such master shall thereupon hoist a proper signal according to the above act, and under the penalties in the above act, or in this act, for any neglect or refusal in respect of hoisting such signals; and in case any pilot shall bring, or cause to be brought or conducted, any vessel liable to the performance of quarantine, into any place which is not, or shall not be, specially appointed for the reception of vessels so liable, after receiving such paper, whereby it shall have been made appear that such vessel was liable to the performance of quarantine, or without requiring and receiving such paper, unless compelled thereto by stress of weather, adverse winds, or accidents of the seas, such pilots shall for every such offence forfeit 100%. [As to pilots being furnished with information of such orders, &c. see TITLE 237.]

For ascer

to quaran

tine.

Rule 17. When any country or place shall be known to be, or sus- 45 Geo. 3. pected to be, infected with the plague, or other such infectious disease c. 10. § 18. as aforesaid, or when any order shall be made by His Majesty in taining if council concerning quarantine, and the prevention of infection as ships be liable aforesaid, then as often as any vessel shall attempt to enter into any place in Great Britain, or of the isles of Guernsey, Jersey, Alderney, Sark, or Man, whether such port shall have been appointed for the performance of quarantine or not, the superintendant of quarantine, (a) or his assistant, if there be such superintendant or assistant at such place, or if not, the principal officer of customs at such place, or such officer of customs as shall be authorized by the commissioners of customs to act in that behalf, shall go off to such vessel, (b) and shall, at a convenient distance from such vessel, demand of the com- Questions to mander or master of such vessel, and such commander or master of masters of vessels by such vessel shall upon such demand give, a true answer in writing or officers. otherwise, and upon oath or not upon oath, according as he shall by such superintendant or his assistant, or other officer of customs authorized as aforesaid, be required, to all such questions or interrogatories as shall be put to him, by virtue of such regulations and directions as His Majesty, by order in council, shall be pleased to prescribe; (c) and in case such commander or master of such vessel Masters refusshall, upon such demand made as aforesaid, refuse to make a true ing to disdiscovery in any of the particulars concerning which he shall be inter- giving false rogated in manner aforesaid, or in case he shall not be required to an- answers. swer such questions or interrogatories upon oath, shall give a false ananswer to any such question or interrogatory, such commander or master having charge of such vessel for every such offence shall forfeit 2007.

Rule 18. In case it shall appear, upon such examination or other

(a) By 51 Geo. 3. c. 46. every thing required in the above act to be done by the superintendant of quarantine or his assistant, may, in case of the absence of such superintendant or assistant, be done by the principal officer of customs at the place, or by such officer of customs as shall be authorized by the commissioners of customs to act in that behalf.

(b) By 46 Geo. 3. c. 98. § 3. if any pilot being on board, or any commander or master, of any vessel coming from foreign parts, whether such vessel be liable to quarantine or not, shall be required by any officer authorized by the commissioners of customs, to act in the service of quarantine, to bring to such vessel, to the end that the commander or master thereof may be interrogated according to the provision of the above act, and shall neglect or refuse to bring to such vessel as soon as it can be done with safety, in obedience to such requisition, every such pilot, commander, or master of any such vessel, shall for every such offence forfeit 1002

(c) For questions, see orders in council at the end of Rule 35 of this title.

King against Morgan.-Gloucester Summer Assizes, 1814.
The defendant, as pilot of a vessel just
come from Oporto, was found guilty of
having refused to bring to on the appli-
cation of the quarantine officer, in going
up the river Severn, towards Gloucester;
and though it appeared that the vessel
had been lying to a little lower down
the river, and the particular place
where the order was given was such
that it could not be immediately com-
plied with, and though the officer went

on board, examined the papers, and as-
certained that the vessel did not require
to be put under quarantine, yet it was
clearly held by the court, that this af-
forded no excuse to the defendant, but
that he was bound to bring to as soon
after receiving the order as could be
done with safety to the vessel. Penalty
1001. Furnished by a professional Gen-

tleman.

cover or

45 Geo. 3. c. 10.

Vessels sub

ject to qua

at which it

Masters of

wise, that such vessel is under such circumstances as shall render it liable to perform quarantine, and that the place where it so arrives, or at which it attempts to enter as aforesaid, is not the place where rantine arriv- it ought to perform quarantine, in such case it shall be lawful for the ing at place officers of any of His Majesty's ships of war, or of any of His Majesty's ought not to forts or garrisons, and all other His Majesty's officers, upon notice be performed, thereof given to them, or any of them, respectively, and for any other $19. persons whom they shall call to their aid and assistance, and such officers and other persons are hereby required to oblige such vessel to go and repair to such place as hath been or shall be appointed for performance of quarantine, and to use all necessary means for that purpose, either by firing of guns upon such vessel, or by any other kind of necessary force whatsoever; and in case any such vessel shall come from, or have touched at, any place infected by the plague, or such fected places, other infectious disease as aforesaid, or shall have any person on board or having in- actually infected with the plague, or such other infectious disease, fected persons and the commander or master of such vessel, knowing that the place from whence he came, or at which he had touched as aforesaid, was infected with the plague, or such other infectious disease, or knowing some person on board to be actually infected with the plague, or such other infectious disease, shall refuse or omit to disclose the same upon such examination as aforesaid, or shall wilfully omit to hoist the signal hereinbefore directed, to denote that his vessel is liable to the performance of quarantine, at the times and on the occasions herein directed with respect to the same, such commander or master of such vessel shall be adjudged guilty of felony, and shall suffer death as in cases of felony, without benefit of clergy.

vessels having touched at in

on board,

omitting to disclose the

same.

Omitting to hoist signal.

Bill of health,

book, and

Rule 19. Every commander or master of any vessel, which shall be manifest, log- ordered to perform quarantine as aforesaid, shall forthwith, after his journal, 20. arrival at the place appointed for the performance of his quarantine, deliver, on demand, to the superintendant of quarantine or his assistant, or other officer of customs authorized, as aforesaid, to act in that behalf, and which superintendant, assistant, or other officer, is hereby required to make such demand, his bill of health and manifest, together with his log-book and journal, under pain of forfeiting 100%. if he shall wilfully refuse and neglect so to do.

Master suffer

Rule 20. If any commander or master of any vessel liable to pering seamen or form quarantine, and on board of which the plague or other such inunduly to quit fectious disease shall not then have appeared, shall himself quit, or vessel, 21. shall knowingly permit or suffer any seaman or passenger coming in

passengers

such vessel to quit such vessel by going on shore, or by going on board any other boat or vessel, before such quarantine shall be fully performed, unless in such cases and by such proper licence as shall be directed and granted, and by virtue of such orders to be made concerning quarantine and the prevention of infection as aforesaid; or Not bringing in case any commander or master of such vessel shall not, within a ressel to pro convenient time after due notice given for that purpose, cause such vessel, and the lading thereof, to be conveyed into the place or places appointed for such vessel and lading to perform their quarantine respectively, then and in every such case every such commander or master for every such offence shall forfeit 500l.; and any person coming in any vessel liable to perform quarantine (or any pilot or other person going on board the same, either before or after the arrival of such vessel at any place in Great Britain, or the islands aforesaid) shall, either

per station.

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