Permitting Persons, Ships, &c. to depart with out Authority, or giving false Certificates.

Death.

Damaging
Goods.

Persons not in

fected entering

Lazaret shall perform Quarantine, and attempting to escape may be compelled to return; such

to hold or enjoy the same, or to take a new Grant thereof; and every such Officer and Person shall forfeit and pay the Sum of One hundred Pounds; and if any such Officer or Person shall desert from his Duty when employed as aforesaid, or shall knowingly and wilfully permit any Person, Ship, Vessel, Goods or Merchandize, to depart or be conveyed out of the said Lazaret, Ship or other Place as aforesaid, unless by Permission under an Order of His Majesty, by and with the Advice of his Privy Council, or

under an Order of Three or more of the Lords or others of his Privy Council, or if any 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 guilty of Felony, and suffer Death, as in Cases of Felony, without Benefit of Clergy; and if any such Officer or Person shall knowingly and wilfully damage any Goods performing Quarantine under his Direction, he shall be liable to pay Treble Damages and full Costs of Suit to the Owner of the same.

XXVII. And be it further enacted, That if any Person not infected with the Plague, or other infectious Disease or Distemper as aforesaid, nor liable to perform Quarantine, shall enter the said Lazaret, or other Place so appointed as aforesaid, whilst any Person or Persons infected with the Plague, or being under Quarantine shall be therein, such Person so entering the said Lazaret, or other Place so appointed as aforesaid shall perform Quarantine there; and if he or she shall return or attempt to return from thence, Persons escap- unless in such Cases and by such Licences as shall be directed and ing. granted by virtue of such Order or Orders of His Majesty in Council, or of the Lords or others of His Majesty's Privy Council, or any Three or more of them, as aforesaid, it shall and may be lawful to and for the Quarantine Officers, Watchmen and other Persons appointed to guard or secure the said Lazaret or other Place so appointed as aforesaid, by such necessary Force as the Case shall require, to compel such Persons so returning or attempting to return, to repair into the said Lazaret or other Place so appointed as aforesaid, there to continue and perform Quarantine; and in case such Person shall actually escape out of the said Lazaret, or other Place where he or she ought to have performed Quarantine, before he or she shall have fully performed the same, he or she shall be adjudged guilty of Felony, and shall suffer Death, as in Cases of Felony, without Benefit of Clergy.

Death.

After Proof of

Quarantine,

and proper Certificate to that Effect,

Vessels or Persons not liable

XXVIII. And be it further enacted, That after Quarantine shall Performance of have been duly performed by any Ship or Vessel, Person or Persons, obliged to perform Quarantine as aforesaid, according to this Act, and to such Order or Orders made as aforesaid, and upon Proof to be made by the Oaths of the Master or other Person having Charge of such Ship or Vessel, and 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 the 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 Port or 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

to further Detention.

Jurats or Magistrates of any of the said Isles respectively, that such Ship or Vessel, and all and every such Person and Persons respectively, have duly performed Quarantine as aforesaid, and that the Ship or Vessel, and all and every Person and Persons are free from Infection; and after producing a Certificate to that Purpose, signed by the Chief Officer who superintended the Quarantine of the said Ship, or Person acting for him, then, and in the said respective Cases such Collector or principal Officer of the Customs, or such Justice of the Peace, or such Jurats or Magistrates as aforesaid, respectively, are hereby required to give a Certificate thereof, and thereupon such Ship or Vessel, and all and every such Person or Persons so having performed Quarantine, shall be liable to no further Restraint or Detention upon the same Account for which such Ship or Vessel, Person or Persons, shall have performed Quarantine as aforesaid.

Regulations as to opening and airing Goods liable to per

XXIX. And be it further enacted, That all Goods, Wares and Merchandize, and other Articles liable to Quarantine as aforesaid, shall be opened and aired in such Place or Places, and for such Time and in such Manner, as shall be directed by His Majesty, form QuaranHis Heirs and Successors, by such Order or Orders to be made as tine. aforesaid; and after such Orders shall have been duly complied with, a Certificate thereof shall be given by the Chief Officer appointed to superintend the Quarantine and Airing of such Goods, Wares and Merchandize, and other Articles, or by the Person acting for him, and Proof thereof shall be made by the Oaths of Two or more credible Witnesses, before the Collector or other principal Officer of the Customs at the Port lying next to such Place or Places where such Goods, Wares or Merchandize, or other Articles, shall have been opened and aired as aforesaid, or before any Justices of the Peace living near the same, or before any Two Jurats or Magistrates of the said Isles of Guernsey, Jersey, Alderney, Sark or Man, respectively; which Collector or other principal Officer, or such Justice, or Jurats or Magistrates respectively, as the Case may be, shall also make Certificate of such Proof having been made; and upon the Production of such Certificates Certificates to His Majesty's Commissioners of the Customs in thereof shall England or Scotland, respectively, or to the Governor or Lieu- entitle them to be discharged tenant Governor, Commander in Chief, or Chief Magistrates of from further any of the said last mentioned Islands, as the Case may be, such Detention, Goods, Wares and Merchandize, and other Articles, shall be forthwith discharged from any Restraint or Detention upon the same Account, by Order of the said Commissioners, or any Three or more of them, or of the said Governor, Lieutenant Governor, Commander in Chief, or Chief Magistrate respectively. other Regulations, 46 G. 3. c. 98. § 5.]

[See

XXX. And be it further enacted, That if any Person shall Forging Certiknowingly and wilfully forge or counterfeit, or procure to be ficates, &c. forged or counterfeited, any Certificate directed and required to to be granted by this Act, or shall publish as true any such forged or counterfeited Certificate, knowing the same to be forged or counterfeited, he or she shall be adjudged guilty of Felony, and shall suffer Death, as in cases of Felony, without Benefit of Death. Clergy.

XXXI. And be it further enacted, That if any Person shall Landing or land or unship, or shall move, in order to the landing or unship. receiving

Goods, &c.

from Vessels

liable to perform Quarantine.

Penalty.

Conveying or secreting Letters, Goods, &c.

Death.

His Majesty in Cases of Infection may prohi

bit Vessels under Twenty Tons from sailing until Bond be given by the Master, conditioned not to touch at Places specified, &c.

Sailing without giving such Security.

Fenalty 201.

ping thereof, any Goods, Wares or Merchandize, Packets, Packages, Baggage, Wearing Apparel, Books, Letters or any other Articles whatever, from on board any Ship or Vessel liable to perform Quarantine as aforesaid, or shall knowingly receive the same after they have been so landed or unshipped, every such Person shall forfeit and pay a Sum not exceeding the Sum of Five hundred Pounds, nor less than the Sum One hundred Pounds; and if any Person or Persons shall clandestinely convey, or shall secrete or conceal for the Purpose of conveying any Letters, Goods, Wares or Merchandise, or other Articles as aforesaid, from any Ship or Vessel actually performing Quarantine, or from the Lazaret or other Place where such Goods, Wares, Merchandise or other Articles as aforesaid 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.

XXXII. And be it further enacted, That in case it shall at any Time happen that any Part of Great Britain, Ireland, or the Isles of Guernsey, Jersey, Alderney, Sark or Man, or France, Spain or Portugal, or the Low Countries, shall be infected with the Plague, or any other such infectious Disease or Distemper as aforesaid, it shall and may be lawful to and for His Majesty, His Heirs and Successors, by His or their Proclamation, to prohibit and restrain all small Boats and Vessels under the Burthen of Twenty Tons, from sailing or passing out of any Port or Place in Great Britain, or the Isles of Guernsey, Jersey, Alderney, Sark and Man, or any of them, until Security be first given by the Master of every such Boat or Vessel respectively, to the Satisfaction of the Principal Officer of the Customs, or the Chief Magistrate of the Port or Place from whence such Boat or Vessel shall sail, by Bond taken by such Officer or Magistrate, to the King, His Heirs or Successors, with sufficient Sureties in the Penalty of Three hundred Pounds, with Condition that if such Boat or Vessel shall not go to or touch at any Country, Port or Place, to be mentioned for that Purpose in such Proclamation, and if neither the Master or other Person having Charge 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 Ship or Vessel at Sea, and such Master or other Person having Charge of such Boat or Vessel, shall not permit or suffer any Person or Persons to come on board such Boat or Vessel at Sea, from any other Ship or Vessel, and shall not, during the Time aforesaid, receive any Goods and Merchandize whatsoever, out of any other Ship or 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 Proclamation, shall set sail or pass out of any Port or Place in Great Britain, 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 Port or Place, contrary to the true Intent and Meaning of this Act, together with her Tackle, Apparel and Furniture, shall be forfeited to His Majesty, His Heirs and Successors, and the Master of and every Mariner sailing in any such Boat or Vessel, shall severally forfeit and pay the Sum of Twenty Pounds. XXXIII. And

deemed Notice.

XXXIII. And be it further enacted, That the Publication in Publication of the London Gazette of any Order in Council, or of any Order by Orders of Three or more of the Lords or others of His Majesty's Privy Council, &e. 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.

XXXIV. And be it further enacted, That all Forfeitures and Penalties aforesaid, that shall be incurred by reason of any Offence committed against any Part of this Act, shall and may be recovered by Suit in any of His Majesty's Courts of Record at Westminster, in which no Essoign or Wager of Law, or more than One Imparlance shall be granted, or in Scotland by summary Action in the Court of Session, or by Prosecution before the Court of Justiciary there, or by Suit in any of His Majesty's Courts in the Islands of Guernsey, Jersey, Alderney, Sark or Man; and every such Forfeiture and Penalty shall belong and be given, One Moiety to the Person who shall inform and sue for the same, and the other Moiety to His Majesty, His Heirs and Successors, to be applied towards defraying the Expences of erecting and maintaining the Lazaret as aforesaid.

Recovery and

Application of

Penalties.

XXXV. Provided always, and be it further enacted, That it Actions for Peshall not be lawful for any Person or Persons whatsoever, to comnalties prosecuted in Name mence, prosecute, enter or file, or cause or procure to be comof Attorney menced, prosecuted, entered or filed, any Action, Bill, Plaint, General, &c. Information or Prosecution, or Actions, Bills, Plaints, Informations or Prosecutions, in any of His Majesty's Courts in England or Scotland, or any Poceeding or Proceedings before any Justices of the Peace of any County, Riding, Division, City, Town, Stewartry or Place, for the Recovery of any Fine, Penalty or Forfeiture, Fines, Penalties or Forfeitures, incurred by reason of any Offence committed against this Act, or against any Order or Orders made by His Majesty, His Heirs or Successors, in Council, or by any Three or more of the Lords or others of His Majesty's Privy Council as aforesaid, unless the same be commenced, prosecuted, entered or filed in the Name of His Majesty's Attorney General in England, or Advocate in Scotland, respectively, or in the Name or Names of some Officer or Officers of the Customs in England or Scotland, respectively; and if any Action, Bill, Plaint, Information or Prosecution, Actions, Bills, Plaints, Informations or Prosecutions, or any Proceeding or Proceedings before any Justices as aforesaid, shall be commenced, prosecuted, entered or filed, in the Name or Names of any other Person or Persons than is in that Behalf before mentioned, the same shall be and are hereby declared to be null and void.

XXXVI. Provided also, and be it further enacted, That in case In Prosecutions any Prosecution, Suit, Complaint or other Proceeding as afore- by Officers of said, shall be commenced or depending by any Officer or Officers Customs, Atof the Customs, for the recovery of any Fine, Penalty or Forfeiture, torney General in England or Fines, Penalties or Forfeitures, incurred by reason of any Offence Advocate in committed against this Act, or against any Order or Orders made Scotland may by His Majesty, His Heirs or Successors, in Council, or by any stop ProceedThree or more of the Lords or others of His Majesty's Privy ings. Council as aforesaid, it shall and may be lawful for His Majesty's

Attorney

Persons authorised to take Examinations

Oaths.

Attorney General in England, or Advocate in Scotland, respectively, to stop all further Proceedings therein, as well with respect to the Share of such Fine, Penalty or Forfeiture, Fines, Penalties or Forfeitures, 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.

XXXVII. And be it further enacted, That in all Cases wherein, by or by virtue and in pursuance of this Act, any Examinations or Answers shall be taken or made upon Oath, the Person who may administer shall be authorized and required to take such Examinations and Answers, shall and shall be deemed to have full Power and Authority to administer such Oaths; and if any Person who shall be so interrogated or examined, shall wilfully swear falsely to any Matter, concerning which such Person 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 or she 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 Fains, Penalties and Punishments of the Law, in such Case respectively made and provided.

Perjury.

How Offences, not Felony,

and Offences

specific Penalty, determined.

XXXVIII. And be it further enacted, That all Offences committed against any of the Provisions of this Act, not being Felony, and every Offence or Disobedience to any Order of Council, made for not punished by the better carrying into Execution this Act, for which no specific Penalty, Forfeiture or Punishment is provided by this Act, shall and may be tried, heard 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 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 Imprisonment not exceeding Three Months for any One Offence, as shall, in the Discretion of the Two Justices who shall have heard and determined the same, be judged proper; 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 Forfeitures and Penalties hereinbefore directed to be applied.

How Penalties applied.

No Corruption of Blood, &c.

Answers of

Persons having Charge of Vessels received as

Evidence.

XXXIX. Provided always, and it is hereby enacted, That no Attainder of Felony by virtue of this Act, shall be extended to work any Corruption of Blood, or Forfeiture of any Goods, Chattels, Lands, Tenements or Hereditaments.

XL. And be it further enacted, That in any Prosecution, Suit or other Proceeding against any Person or Persons whatsoever, for any Offence against this Act, or any Act which may hereafter be passed concerning Quarantine, or for any Breach or Disobedience of any Order or Orders which shall be made by his Majesty, His Heirs or Successors, by and with the Advice of his or their Privy Council concerning Quarantine, and the Prevention of Infection, and notified or published as aforesaid, or of any Order or Orders made by Three or more of the Lords or others of the 21 Privy