CHAP. XVII. С НА Р. 1799 A Supplement to the act, entitled, An act to prevent infectious diseases being brought into this State, and See 2d vol.1354. for other purposes. SECTION 1. BE it enacted by the Senate and House of Representatives of the State of 3d vol. 121. Who are authorized to prohi. bit persons or goods coming in a ship or vessel from an rom being landed. infected place, Delaware, in General Assembly met, That the Burgesses and assistants, by and with the advice of the health officer of the Borough of Wilmington, one Justice of the peace, and the commissioners of the town of New-Castle, and two Justices of the peace, or one Justice of the peace and a trustee of the poor, in any other part or district of this State, are hereby respectively authorized and empowered, at all times hereafter, as often as they shall receive or obtain information of the existence or prevalence of an infectious or contagious disease in any foreign port or place, or any port or place in the United States, to make known to the citizens and other inhabitants of the borough, town or district, by proclamation, the existence or prevalence of such infectious or contagious disease, and thereby order and direct, that no ship or vessel bound from, or that may have touched at any of the said infected ports or places, shall, from and after the publication of such proclamation in the said borough, town, or district in this State, be brought or approach nearer to the said borough than the mouth of Christiana creek, after the publication of such proclamation, or to the port or place of landing in the said town or district, than the distance of one mile, after the publication of such proclamation in the said town or district, and that no person or persons be landed or put on shore, or be suffered nor permitted to be landed or put on shore, nor any goods or merchandises be landed or unladen, or suffered or permitted so to be, from on board such ship or vessel, after publication of the proclamation as aforesaid; and the master or other person, having the charge or command of the said be performed, ship or vessel, and all persons on board the said ship when advised or vessel shall be subjected and submit to the per- officer. Quarantine to by the health CHAP. 1799 authorised to suspend all intercourse by land, between any infected place, and any town, &c. of this State. formance of such quarantine and other cautionary and preventive measures, as the said burgesses and assistants, by and with the advice and consent of the health officer of the said borough, for the said borough, and the said justice of the peace and the commissioners, together with the health officer of the town of NewCastle, for the said town, and two Justices of the peace, or one justice of the peace and trustee of the poor, for any other part or district in the State, shall at any time or times prescribe or enjoin the observance of, for the purpose of guarding against the introduction of any infectious or contagious disease, that may exist or prevail in any ports or places as aforesaid. SECT. 2. And be it further enacted by the authority Burgesses, &c. aforesaid, That immediately from and after the publication of the said proclamation, the burgesses and assistants, or a majority of them, by and with the advice and consent of the health officer of the said borough, for the said borough, one justice of the peace and the commissioners of the town of New-Castle, or a majority of them, for the said town, and two justices of the peace, or one justice of the peace and a trus tee of the poor for other parts or districts in this State, shall be, and are hereby vested with full power and authority, to suspend altogether the intercourse by land, between any cities, towns or places in the United States, or elsewhere, during the existence or prevalence of any infectious or contagious disorder, and the said borough, town, or other part or district, in this State; or to impose such regulations and restrictions thereon, as may be deemed best calculated to prevent the introduction of any such infectious or contagious disease, and most conducive to the safety and health of the inhabitants. SECT. 3. And be it further enacted by the authority aforesaid, That if any ship or vessel shall be brought within the respective distances aforesaid, or goods, wares or merchandises landed from such ship or vessel, in contravention of the provisions of this act, or the regulations or restrictions that may at any time be adopted in pursuance of the authority hereby dele gated the master or commander thereof, and owner and consignee, and all persons on board the said ship or vessel, who shall contravene the said provisions, regulations or restrictions, shall respectively forfeit and pay the penalty of five hundred dollars each. СРАР. 1799. ers of carriages, goods, &c. for these regula contravening tions. SECT. 4. And be it further enacted, That all persons Penalty on ownowning or having the charge of any carriage, for the conveyance of persons, goods, merchandise or chattels, and travelling horses, shall forfeit and pay the sum of three hundred dollars, respectively, for each and every act done in contravention or violation in any respect of the before recited restrictions or regulations. Owners and masters of ships and carriages, together with the ships and be bound for the carriages, &c. to penalties incur red under this act. shall be attach Vessels, &c. SECT. 5. And be it further enacted, That all owners, masters, captains or consignees, as well as the ships or vessels; and all owners of carriages of whatsoever sort, and travelling horses, and the carriage and horses shall be and are hereby declared to be bound, for the forfeitures and penalties under this act, or the act to which this is a supplement, and the said ships or vessels, carriages and horses shall and may be attached, seized, and detained by virtue of a precept, to be issued for that purpose, by any judge of the ed. Supreme court or Court of common pleas of this State, who is hereby authorized and empowered, upon application to him made by the physician appoint. ed, by virtue of the act to which this is a supplement, for the borough of Wilmington, or by the burgesses of the said borough, or by the physician appointed as aforesaid for the town of New-Castle, or by the commissioners of the said town, or by the physician appointed as aforesaid, or by a trustee of the poor in any other part or district of this State, to issue the said precept, to be directed to the Sheriff of any county within this State, or to any constable of any county, borough, or town within the same, (who is hereby authorized and directed to serve the same) commanding him forthwith to attach, seize and detain, such ships or vessels, carriages or horses; of which said attachment, seizure and detention, due notice shall be given in writing to the owner, consignee or other G.. Notice of the shall be given to the owners of riages, attachment vessels and car СНАР. بہت 1799 unless bail be given to all writs issued by virtue of this act. Judges to en quire in a sumpenalties have been incurred, mary way, what person having the charge or care of such ships or vessels, carriages or horses, by the said Sheriff or constable; and unless good and sufficient bail to the value of the same be given, to all and every writ or writs duly and regularly taken out and issued forth for the recovery of all and every of the forfeitures and penalties, which may or shall be incurred under or by virtue of this act, or the act to which this is a supplement, for or by reason of such ships or vessels, carriages or horses, having been used in contravention of the provisions, regulations and restrictions, ordained and directed by, or which may be adopted agreeably to this act, or the act to which this is a supplement, within one month after such due notice given as aforesaid; then and in that case, it shall and may be lawful for the said judge, upon a further application to him made, by the said physician, burgesses, commissioners or trustee, for that purpose, and he is hereby authorized and empowered, to proceed to enquire in a summary way what penalties or forfeitures have been incurred as aforesaid, for which such ships or vessels, horses or carriages are liable as aforesaid; and if upon such enquiry as aforesaid, it shall appear to the satisfaction of the said judge, that any forfeitures or penalties have been incurred as aforesaid, for which the said ships or vessels, horses or carriages, are liable as aforesaid, and for the reco very of which any writ or writs have been duly and regularly taken out and issued forth, and that due notice has been given as aforesaid of the attachment, seizure and detention of the said ships or vessels, horses or carriages; the said judge is hereby authorized and empowered to give judgment, that the same be forfeited, and to issue his precept to the said Sheriff or constable, commanding him upon such public notice being first given of the time and place of sale, as the said judge shall deem just, reasonable and proVessel, &c. to per, to make sale of such ships or vessels, horses or be sold at pub-carriages, at public vendue or auction, and to pay with the proceeds of such sale, such penalties or forfeitures incurred as aforesaid, for which the said ships or vessels, horses or carriages are liable as aforesaid, and for which any writ or writs have been duly and regularly taken out and issued forth as aforesaid, and and to give judgment for the same. lic vendue. |