Masters of vessels refus. ing to answer interrogatories, &c. to forfeit 2007. Vessels from the Mediter ranean, Turkey, or officer of his Majesty's customs at such port or place, or such officer of the customs as shall be authorized to act in that behalf, shall go off to such vessel, and shall, at a convenient distance from such vessel, demand of the commander, master, or other person having charge of such vessel, and such commander, master, or other person shall, upon such demand, give a true answer in writing or otherwise, and upon oath or not upon oath, according as he shall by such superintendent or his assistant, or other officer of the customs authorized as aforesaid, be required, to all such questions or interrogatories as shall be put to him by virtue and in pursuance of such regulations and directions as his Majesty by Order in Council shall be pleased to prescribe; and in case such commander or master or other person having charge of such vessel shall, upon such demand made as aforesaid, refuse to make a true discovery in any of the particulars concerning which he shall be interrogated in manner aforesaid, or in case he shall not be required to answer such questions or interrogatories upon oath, shall give a false answer to any such question or interrogatory as aforesaid, such commander, master, or other person having charge of such vessel for every such offence shall forfeit and pay the sum of two hundred pounds. [Section 15 provides, that vessels subject to quarantine arriving at any port than that at which it ought to be performed, may be forced to repair to the appointed place; and that masters of vessels that have touched at infected places, &c., shall, if they omit to disclose the same, or to hoist the proper quarantine signals, forfeit 3001.] 16. [Masters, &c. to deliver up bills of health, manifests, log books and ship's papers, to the superintendent of quarantine, on penalty of 1007.] 17. [4001. penalty on masters, &c. quitting or permitting persons to quit vessels liable to quarantine, or not conveying the same to the places appointed for the performance of the quarantine-Penalty of 3001. and imprisonment for six months on persons coming in or going on board such vessels, and quitting them before discharge from quarantine.] 18. [Provisions for punishing disobedience or refractory behaviour in persons under, or liable to, quarantine, or persons having intercourse with them-Persons refusing to repair to the lazaret, &c. to forfeit 2001.] 19. [Persons quitting vessels liable to perform quarantine, &c. may be seized.] 20. [Intercourse with stations allotted for quarantine, may be prohibited by Order in Council.] 21. [Officers of customs, &c. embezzling goods performing quarantine, or neglecting or deserting their duty, to forfeit office, &c. and pay 2001.—Any such officers, &c. permitting persons, vessels, &c. to depart without authority, or giving false certificates, guilty of felony, and if wilfully damaging goods performing quarantine, liable to 100l. penalty and costs.] 22. And be it further enacted, that if any vessel arriving from the Mediterranean, or from any port in Turkey or Africa, shall have undergone examination by the proper officer of quarantine, and upon a report of such examination being made to the lords or others of his Majesty's Africa, having Privy Council, their lordships shall think proper to direct the release of such vessel from the performance of quarantine, it shall be lawful for such officer, and he is hereby required, to grant to the master or person having from quaran- the charge or command of such vessel, a certificate in writing of such ex undergone examination and released amination and release, and upon the production of such certificate to the tine, to be collector or principal officer of his Majesty's customs, at any port in the admitted to United Kingdom, such vessel shall be admitted to entry without being entry upon producing a liable to any further restraint (a). certificate of such examina 23. [After proof of performance of quarantine, and proper certificate to tion. that effect, vessels or persons shall not be liable to further detention.] 24. [Goods liable to perform quarantine shall be opened and aired, as directed by Order in Council-On proof of such Order in Council having been obeyed and certificate thereof granted, goods to be no longer detained.] 25. [Persons forging, &c. certificates required by Order in Council, guilty of felony.] 26. [Persons landing goods, &c. from vessels liable to perform quarantine, or receiving or clandestinely conveying the same from vessels performing quarantine, to forfeit 1007.] 27. [His Majesty in certain cases may prohibit vessels under 100 tons from sailing until bond be given by the master with certain conditions-Penalty for sailing without giving such security, forfeiture of vessel, &c. and 2001. penalty.] 28. And be it further enacted, that the consuls and vice-consuls of his Power to Majesty, his heirs and successors, shall and are hereby empowered to ad- consuls, &c. minister oaths in all cases respecting quarantine, in like manner as if they to administer were magistrates of the several towns or places where they respectively oaths. reside. 29. [Persons authorized to take examinations may administer oaths, and persons swearing falsely, or procuring others so to do, shall be deemed guilty of perjury.] 30. And be it further enacted, that all superintendents of quarantine Superintenat the several ports, and their assistants, shall and may be appointed by dents at any instrument signed by the Commissioners of Customs for the time ports to be being; and everything required to be done and performed by the super- Principal appointed. intendent of quarantine, or his assistant, may, in case of the absence or sickness of such superintendent or assistant, be done and performed by such principal officer of the Customs as shall be authorized to act in that behalf. 31. And be it further enacted, that the publication in the "London Gazette" of any Order in Council, or of any Order by any two or more of the lords or others of his Majesty's Privy Council, made in pursuance of this act, or his Majesty's royal Proclamation made in pursuance of the same, shall be deemed and taken to be sufficient notice to all persons concerned of all matters therein respectively contained. [Section 32 relates to the recovery and application of penalties recovered under the act.]. [Sections 33 to 35 relate to procedure.] 36. [Answers of persons having the charge of vessels shall be received as evidence so far as relates to the places from which vessels came, or at which they touched, and the having been directed to perform quarantine shall be received as evidence that vessels were liable to perform quarantine, unless (a) See Appendix, "Forms" No. 47, supra, p. ccccliii. officer of the customs to act as superintendent of quarantine in case of absence, &c. Publication in the London Gazette of Orders of Council, &c. sufficient notice. proof be made to the contrary, and the performing quarantine shall be proof of vessels being liable to perform it.] 37. [General issue, treble costs, and limitation of actions under the act to six months after alleged wrongful act.] Masters of vessels arriving from foreign parts to declare what aliens are on board or have landed from their vessels. Penalty for omission of declaration. Saving as to foreign mariners navigating the vessel. This act not to affect foreign ministers or their servants; nor aliens who have been resident for three years and obtained a certificate thereof; nor aliens under fourteen years of age. 6 & 7 WILL. 4, c. 11. An Act for the Registration of Aliens, and to Repeal an Act passed in the 8. And be it further enacted, that the master of every vessel which after the commencement of this act shall arrive in this realm from foreign parts shall immediately on his arrival declare in writing to the chief officer of the Customs at the port of arrival whether there is to the best of his knowledge any alien on board his vessel, and whether any alien hath to his knowledge landed therefrom at any place within this realm; and shall in his said declaration specify the number of aliens, if any, on board his vessel, or who have to his knowledge landed therefrom, and their names, rank, occupation and description as far as he shall be informed thereof; and if the master of any such vessel shall refuse or neglect to make such declaration, or shall wilfully make a false declaration, he shall for every such offence forfeit the sum of 201., and the further sum of 107. for each alien who shall have been on board at the time of the arrival of such vessel or who shall have to his knowledge landed therefrom within this realm, whom such master shall wilfully have refused or neglected to declare; and in case such master shall neglect or refuse forthwith to pay such penalty it shall be lawful for any officer of the Customs, and he is hereby required to detain such vessel until the same shall be paid: provided always that nothing herein before contained shall extend to any mariner actually employed in the navigation of such vessel during the time that such mariner shall remain so actually employed. 9. [Penalty for making false declaration.] 10. [Prosecution of offences to be within six months of offence committed.] 11. Provided always and be it further enacted that nothing in this act contained shall affect any foreign ambassador or other public minister duly authorized, nor any domestic servant of any such foreign ambassador or public minister registered as such according to law or being actually attendant upon such ambassador or minister; nor any alien who shall have been continually residing within this realm for three years next before the passing of this act, or who shall hereafter at any time complete such residence of three years, and who shall have obtained from one of his Majesty's principal secretaries of state, or from the chief secretary for Ireland, a certificate thereof; nor any alien in respect of any act done or omitted to be done who shall be under the age of fourteen years at the time when such act was so done or omitted to be done: provided always that if any question shall arise whether any person alleged to be an alien and to be subject to the provisions of this act is an alien or not, or is or is not subject to the said provisions or any of them, the proof that such person is or by law is to be deemed to be a natural-born subject of his Majesty, or a denizen of this kingdom, or a naturalized subject, or that such person if an alien is not subject to the provisions of this act or any of them by reason of any exception contained in this act or otherwise, shall lie on the person so alleged to be an alien, and to be subject to the provisions of this act. 1 VICT. C. 36. An Act for Consolidating the Laws relative to offences against the [18th July, 1837.] 6. And for compelling the observance of the provisions of the Post Penalty on Office Laws relating to the conveyance of ship letters, be it enacted that masters not every master of a vessel outward bound to Ceylon, the Mauritius, the East taking letter Indies, or the Cape of Good Hope, who shall refuse to take a post letter bags. bag delivered or tendered to him by an officer of the Post Office for conveyance shall forfeit 2007.; and every master of a vessel who shall open a sealed letter bag with which he shall be entrusted for conveyance, a letter, or any other thing, shall forfeit 2007.; and every master who shall take out of a letter bag with which he shall be entrusted for conveyance a letter or any other thing, shall forfeit 2007.; and every master of a vessel who shall not duly deliver a letter bag with the contents at the post office on his arrival in port, without wilful or unavoidable delay after his arrival, shall forfeit 2007.; and every person to whom letters may have been entrusted by the master of a vessel to bring on shore who shall break the seal, or in any manner wilfully open the same, shall forfeit 207.; and every master of a vessel who shall refuse or wilfully neglect to make the declaration of having delivered his ship's letters to the post office as required by an act of the present session, intituled "An Act for the regulation of the duties of postage" (a), shall forfeit 501.; and every collector, comptroller or officer of the Customs, who by the said act is required to prohibit any vessel reporting until the requisites of such act shall have been complied with, who shall permit such vessel to report before the requisites of such act shall have been complied with, shall forfeit 507.; and every master of a vessel not having been able to send his letters ashore previous to his arrival at the port where his vessel is to report who shall break bulk or make entry before all letters on board shall be sent to the post office, shall forfeit 201.; and every master of a vessel or any other person on board any ship liable to the performance of quarantine who shall neglect or refuse to deliver to the person or persons appointed to superintend the quarantine all letters in his possession, shall forfeit 201. * 47. [Interpretation clause.—This clause inter alia provides that the term "East Indies" shall "mean every port and place within the territorial "acquisitions at the date of the act vested in the East India Company in "trust for her Majesty, and every other port or place within the limits of "the charter of the said company (China excepted), and shall also include "the Cape of Good Hope."] (a) 7 Will. 4 & 1 Vict. c. 31, now repealed, and other provisions enacted by 3 & 4 Vict. c. 96. Ship letters. Gratuities to masters of vessels. 3 & 4 VICT. c. 96. An Act for the Regulation of the Duties of Postage. 7. And be it enacted that the postmaster-general may collect and receive letters to forward by vessels not packet boats to places beyond the seas, and may forward the same accordingly, and may collect and receive letters brought by any such vessels from places beyond the seas. 36. And for encouraging masters of vessels, not being post office packets, to undertake the conveyance of letters, be it enacted that the postmaster-general may allow to masters of vessels on letters and newspapers conveyed by them for or on behalf of the post office between places within the United Kingdom a sum not exceeding 2s. 6d. for each and every number of one hundred of such letters and newspapers, and for any less number in the like proportion; and may allow to the masters of vessels bound from the United Kingdom to the East Indies a sum not exceeding one penny for each letter and one halfpenny for each newspaper conveyed by them for or on behalf of the post office; and may allow to the masters of all other vessels a sum not exceeding two pence for each letter conveyed by them for or on behalf of the post office from the United Kingdom to places beyond sea; and may allow to the masters of all vessels not exceeding two pence for each letter brought into the United Kingdom which they shall deliver at the post office at the first port at which they touch or arrive, or with which they communicate: all which gratuities may be paid at such times and places and under all such regulations and restrictions as the postmaster-general shall in his discretion think fit; and every master of a vessel outward bound shall receive on board his vessel every post letter-bag tendered to him for conveyance, and having received the same, shall deliver it on his arrival at the port or place of his destination without delay; and every master of a vessel inward bound shall cause all letters on board his vessel except those belonging to the owners of the vessel or of the goods on board, which do not exceed the prescribed weights, to be collected and enclosed in some bag or other envelope, and to be sealed with his seal, and to be addressed to any of her Majesty's deputy postmasters, that they may be in readiness to send on shore by his own port of arrival. boat or by the pilot boat, or by any other safe or convenient means, in order that the same may be delivered at the first regular post office which can be communicated with, and at the regular port or place where the vessel shall report shall sign a declaration in the presence of the person authorised by the postmaster-general at such port or place, who shall also sign the same, and the declaration shall be in the form or to the effect following; that is to say, Masters of outwardbound vessels to receive letters and deliver them at the first "I, A. B., commander of the [state the name of the ship or vessel], arriving "from [state the place], do, as required by law, solemnly declare that I "have to the best of my knowledge and belief delivered or caused to be "delivered to the post office every letter bag, package, or parcel of letters "that were on board the [state the name of the ship] except such letters "as are exempted by law." And no collector, comptroller or principal officer of the Customs shall permit such vessel to report till such declaration shall be made and produced; and no vessel shall be permitted by any officer of the Customs to break bulk or to make entry into any port of the British dominions until all letters on board the same shall be delivered to the post office where posts are or hereafter may be established, and from whence such letters may be dispatched by post, except such letters, commissions and other matters and things as are exempted by the Post Office Acts from the exclusive privilege of the postmaster-general, and also except all such |