cate in proceed cil, or by any three or more of the Lords or others of his Majesty's Privy Council as or advoaforesaid, it shall and may be lawful for his Majesty's Attorney General in England, or Scotland Advocate in Scotland, respectively, to stop all further proceedings therein, as well with may stop respect to the share of such fine, penalty, or forfeiture, fines, penalties, or forfeitures, ings. to which any such officer or officers shall or may claim to be entitled, as to the share thereof belonging to his Majesty, if upon consideration of the circumstances under which any such fine, penalty, or forfeiture, fines, penalties, or forfeitures, may have been incurred, it shall appear to them respectively to be fit and proper so to do. tions may persons XXXVII. And be it further enacted, that in all cases wherein, by or by virtue and Persons in pursuance of this act, any examinations or answers shall be taken or made upon authori oath, the person who shall be authorized and required to take such examinations and examinaanswers, shall and shall be deemed to have full power and authority to administer such administer oaths; and if any person who shall be so interrogated or examined, shall wilfully swear oaths, and falsely to any matter, concerning which such person shall depose or make oath on such swearing examination or in such answers, or if any person shall procure any other person so to falsely, or do, he or she so swearing falsely, or procuring any other person so to do, shall be deemed others so to to have been guilty of, and shall be liable to be prosecuted for wilful and corrupt do, shall perjury, or subornation of wilful and corrupt perjury, as the case may be, and shall guilty of suffer the pains, penalties, and punishments, of the law, in such case respectively made perjury. and provided. procuring be deemed not being not punish cific pe mined before two who may XXXVIII. And be it further enacted, that all offences committed against any of the Offences, provisions of this act, not being felony, and every offence or disobedience to any order felony, and of Council, made for the better carrying into execution this act, for which no specific offences penalty, forfeiture, or punishment, is provided by this act, shall and may be tried, heard, ed by and determined before any two justices of the peace of the county, riding, division, city, or place, where such offence or disobedience shall happen; and if any person shall be be deter convicted of any such offence or disobedience, he or she shall be liable to such forfeiture and penalty, not exceeding the sum of fifty pounds for any one offence, or to such justices, imprisonment not exceeding three months for any one offence, as shall, in the discre- we not extion of the two justices who shall have heard and determined the same, be judged pro- ceeding per; and such forfeiture and penalty shall be paid, one moiety to the person suing for the same, and the other to his Majesty, to be applied as the moieties of other forfei- exceeding tures and penalties herein-before directed to be applied. XXXIX. Provided always, and it is hereby enacted, that no attainder of felony by offe virtue of this act, shall be extended to work any corruption of blood, or forfeiture of lony shall any goods, chattels, lands, tenements, or hereditaments. 501, or im prison not three months, No attain der work corruption of Answers of charge of ed as evi letes to the XL. And be it further enacted, that in any prosecution, suit, or other proceeding blood, &c. against any person or persons whatsoever, for any offence against this act, or any act persons which may hereafter be passed concerning quarantine, or for any breach or disobedi- having the ence of any order or orders which shall be made by his Majesty, his heirs or successors, vessels shall by and with the advice of his or their Privy Council concerning quarantine, and the be prevention of infection, and notified or published as aforesaid, or of any order or orders dence, so made by three or more of the Lords or others of the Privy Council as aforesaid, the an- far as reswer or answers of the commander, master, or other person having charge of any ship or places vessel, to any questions or interrogatories put to him by virtue and in pursuance of this from which act, or of any act which may hereafter be passed concerning quarantine, or of any such or- came, or der or orders as aforesaid, may and shall be given and received as evidence so far as the at which same relates or relate to the place from which such ship or vessel came, or to the place touched, or places at which such ship or vessel touched in the course of her voyage; and where and any ship or vessel shall have been directed to perform quarantine by the superintendant been di of quarantine or his assistant, or where there is no such superintendant or assistant, 3. D YOL. I. vessels they and the having rected to perform ceived as were liable proof be quarantine by the principal officer of the customs at any port or place, or other officer of the shall be re- customs authorized as aforesaid to act in that behalf, the having been so directed to evidence perform quarantine may and shall be given and received as evidence that such ship or that vessels vessel was liable to quarantine, unless satisfactory proof shall be produced by the dethereto, fendant or defendants in any such prosecution, suit, or other proceeding, to shew that unless the ship or vessel did not come from or touch at any such place or places as is or are made to the stated in the said answer or answers, or that such ship or vessel, although directed to and the perform quarantine, was not liable to the performance thereof; and where any ship or being per- vessel shall in fact have been put under quarantine at any port or place, by the superinquarantine tendant of quarantine or his assistant, or other officer of the customs authoized as afore. shall be said to act in that behalf, and shall actually be performing the same, such ship or vesseł vessels be shall, in any prosecution, suit, or other proceeding against any person or persons whatto perform ever, for any offence against this act, or any other act which may hereafter be passed concerning quarantine, or against any order or orders concerning quarantine, and the prevention of infection, which shall be made by his Majesty in council, or by three or more of the Lords or others of his Privy Council as aforesaid, be deemed and taken to be liable to quarantine, without proving in what manner or from what circumstances such ship or vessel became liable to the performance thereof. forming proof of ing liable it. On affida dictment filed for under this the party prehended, become appearance, he inay be committed to gaol. XLI. And be it further enacted, that whenever any person or persons shall be charged vit of in with any offence against this act, or any act which may hereafter be passed concerning quarantine, or with any breach or disobedience of any order or orders which shall offences be made by his Majesty, his heirs or successors, in council as aforesaid, or of any order act, a judge or orders made by the Lords or others of the Privy Council, or any three or more of may cause them as aforesaid, and the same shall be made appear to any judge of his Majesty's to be ap- Court of King's Bench by affidavit or by certificate, of an indictment or information and if he being filed against such person or persons in the said court for such offence, it shall and refuse to may be lawful for such judge to issue his warrant in writing under his hand and seal, bound for and thereby to cause such person or persons to be apprehended and brought before him or some other judge of the said Court, or before some one of his Majesty's justices of the peace, in order to his, her, or their being bound to the King's Majesty with two sufficient sureties in such sum as in the said warrant shall be expressed, with condition to appear in the said Court at the time mentioned in such warrant, and to answer to all and singular indictments or informations for any of the offences aforesaid; and in case such person or persons shall neglect or refuse to become bound as aforesaid, it shall be lawful for such judge or justice of the peace respectively, to commit such person or persons to the common jaol of the county, city, or place where the offence shall havė been committed, or where he, she, or they shall have been so apprehended, until he, she, or they shall have become bound as aforesaid, or shall be discharged by order of the said Court of King's Bench in term time, or by one of the judges of the said court in vacation, and the recognizance or recognizances to be taken thereupon shall be returned and filed in the said Court, and shall continue in force until such person or persons shall have been acquitted of such offence, or in case of conviction shall have received judgment for the same, unless sooner ordered by the said Court to be disWhere per- charged: and that where any person or persons, by virtue of such warrant and commitment as aforesaid, is or are now detained, or shall hereafter be committed and deprosecutor tained in any gaol for want of bail, it shall be lawful for the prosecutor of such indictment or information, to cause a copy thereof to be delivered to such person or persons, the indict or to the gaoler, keeper, or turnkey of the gaol wherein such person or persons is, are, delivered or shall be so detained, with a notice thereon indorsed, that unless such person or to the par- persons shall, within eight days from the time of such delivery of a copy of the indictment or information as aforesaid, cause an appearance and also a plea or demurrer to be sons are detained, may cause a copy of ment to be ty or the gaoler, 45 Geo. 9. ships having the actually on By the statute 46 Geo. 3. c. 98. additional and further provisions for the effectual performance of quarantine in Great Britain, were enacted as follows: the preamble recites that, Whereas, by an act passed in the forty-fifth year of the reign of his present Majesty, 10 14. intituled an act for making further provision for the effectual performance of quarantine, certain signals are directed to be used on board of ships or vessels having clean bills of health, and certain other signals on board of ships or vessels not having clean bills of health, and it will be more conducive to the public safety that a third signal should be used on board of ships or vessels having the plague or other infectious disease or distemper highly dangerous to the health of his Majesty's subjects actually on board,' be it therefore enacted, by the King's Most Excellent Majesty, by and with the advice Signal to and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliabe used by ment assembled, and by the authority of the same, that, from and after the tenth day of October one thousand eight hundred and six, every commander, master, or other plague, &c. person having the charge of any ship or vessel, on board whereof the plague or other board, infectious disease or distemper highly dangerous to the health of his Majesty's subjects, shall actually be, shall be, and is hereby required, at all times when such ship or vessel shall meet with any other ship or 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, to hoist a signal to denote that his ship or vessel has the plague, or other infectious disease or distemper 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 lanthorns (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, master, or other person, shall keep such signal hoisted during such time as 'the said ship or vessel so having the plague, or such other infectious disease or distemper as aforesaid, on board thereof, shall continue within sight of such other ship or vessel, or within four leagues of the said coasts or islands; and while so in sight, or within such distance until such ship or vessel so having the plague, or such other infectious disease or distemper as aforesaid, on board thereof, shall have arrived at the port or place where it is to perform quarantine, and until it shall have been legally discharged from the performance thereof; on failure whereof such commander, master, or other person, having charge of such ship or vessel, shall forfeit and pay for every such offence the sum of two hundred pounds. In addition to particulars re 45 Geo. 8. c. § shall de liver ac cargo to . II. And whereas it is by the said recited act enacted, that every commander, master, or other person, having the charge of any ship or vessel coming from foreign quired by parts, shall give to the pilot who shall go on board such ship or vessel, a written paper e. 10. 16. Containing a true account of the names of the place and country at which such ship Master or vessel shall have loaded; and also of all the places at which any such ship or vessel shall have touched on the homeward voyage: and whereas ships and vessels are or may count of be, by the order of his Majesty, his heirs or successors, in council, made liable to quapilot. Pe- rantine by reason of their having on board thereof certain sorts of goods and merchandize more especially liable to retain infection; and it is expedient that the pilot going on board of such ships and vessels should also be informed of the cargo thereof;' be it therefore enacted, that from and after the said tenth day of October every commander, master, or other person, having the charge of any ship or vessel coming from foreign parts, which shall not be liable to quarantine in respect of the place from whence such ship or vessel comes, shall give to the pilot who shall go on board of such ship or vessel, a written paper containing a true account of the different articles composing the cargo of such ship or vessel, on pain of forfeiting the sum of two hundred pounds for any nalty of 2001. to the mas articles be quaran &c. 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 then in force, Pilot shall ships and vessels having on board any of the articles mentioned in such paper, shall be give notice liable to the performance of quarantine, such pilot shall immediately give notice ter if any thereof to the commander or other person having the charge of such ship or vessel, on on board pain of forfeiting the sum of one hundred pounds for any neglect therein; and such liable to commander or other person shall thereupon hoist a proper signal according to the pro- tine. Pevisions of the said recited act, and under the respective penalties in the said recited act, nalty 1001, or in this act contained for any neglect or refusal in respect of hoisting such signals; Comand in case any pilot shall bring, or cause to be brought or conducted, any ship or mander vessel liable to the performance of quarantine, into any place which is not, or shall not shall hoist be, specially appointed for the reception of ships and vessels so liable after receiving cordingly. such paper as aforesaid, whereby it shall have been made appear that such ship or vessel was liable to the performance of quarantine, or without requiring and receiving such paper as aforesaid, unless compelled thereto by stress of weather, adverse winds, or accidents of the seas, such pilots shall for every such offence forfeit and pay the sum of one hundred pounds. signals ac request of officer 1001. 10. § 18.] III. And whereas, by the said recited act, provision is made for ascertaining whe- Penalty on ther ships and vessels be liable to quarantine by means of interrogating the com- master for pilot or mander, master, or other person having the charge of such ships or vessels, for which not bringpurpose it is necessary that ships or vessels should be brought to at the requisition of the ing to on officer of quarantine, which salutary provision has in some instances been and may quarantine again be eluded by the pilot on board, or by the commander, master, or other person, [See 45 having the charge of such ships or vessels ;' be it therefore enacted, that if any pilot Geo. 3. c. being on board, or any commander, master, or other person having the charge of any ship or vessel coming from foreign parts, whether such ship or vessel shall be liable to quarantine or not, shall be required by any officer authorized by the Commissioners of the customs, or any four of them, to act in the service of quarantine, to bring to such ship or vessel, to the end that the commander, master, or other person having the charge thereof may be interrogated according to the provision of the said recited act, and shall neglect or refuse to bring to such ship or vessel as soon as it can be done with safety, in obedience to such requisition, every such pilot, commander, master, or other person, having the charge of any such ship or vessel, shall for every such offence forfeit and pay the sum of one hundred pounds. to quaran tine solely duty, under IV. And whereas, by the said recited act, certain duties are imposed on ships and Shipsliable vessels which have performed quarantine; and by the same act a ship or vessel may be rendered liable to the performance of quarantine by receiving any person or persons by invofrom or out of any other ship or vessel coming from or having touched at an infected communi❤ place, under which provision a ship or vessel not being originally liable to perform cation, exquarantine may be rendered so liable by force and against the will of the master and empt from crew; and it is reasonable that such ship or vessel should be relieved from the pay- 45.3. ment of the said duties;' be it therefore enacted, that no ship or vessel shall be rendered liable to perform quarantine solely by reason of having received on board thereof, by force or against the will of the master and crew, any person or persons, shall be liable to or charged with any duty under the said recited act, provided that it shall appear to the satisfaction of the Commissioners of the customs that such person or persons was or were received on board against the will of the master and crew of such ship or vessel. c. 10. § 3. certificate V. And whereas the mode prescribed by the said recited act for certifying that all Proof and goods, wares, and merchandize, and other articles liable to quarantine, have been duly foods opened and aired, conformably to the provisions in the same, have been found incon- having |