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tine, until the commander, 'master, or other person having the charge of such vessel shall have produced to the superintendent of quarantine or his assistant, or to the principal or other officer of the Customs authorised to act in that behalf, the proper documents to prove that such vessel, and the officers, crew, passengers, and cargo on board the same, have duly performed quarantine in one of the lazarets lastmentioned; and upon so producing such documents the said vessel shall not be obliged to perform quarantine, but shall, together with the goods, wares, and merchandises on board thereof, remain at such quarantine station until duly released by Order in Council.
XL. All masters or other persons having the charge of any vessels clearing outwards from any port or place in the United Kingdom or the islands aforesaid for any port or place in the Mediterranean, or in the West Barbary on the Atlantic Ocean, or for any port or place respecting which there shall at the time of such clearing out be any Order of His Majesty in Council in force, subjecting vessels coming from thence to quarantine, shall receive from the principal officers of the Customs at such port or place a printed paper containing an abstract of such quarantine regulations as shall be thought necessary to be most generally notified and observed by such masters, their officers, crews, and passengers on board; and every such master, or other person having charge of any such vessel, shall cause the said printed paper to be affixed on some convenient and conspicuous part of his said vessel, and there to remain so affixed until the return of his said vessel to some port or place in the United Kingdom or the islands aforesaid, provided the said vessel shall return to the United Kingdom or the islands aforesaid within twelve months.
XLI. Every commander, master, or other person having the charge or command of any vessel about to sail from any port or place in the United Kingdom, or the islands aforesaid, for any port or place in the Mediterranean, or in the West Barbary on the Atlantic Ocean, or for any port or place respecting which there shall, at the time of such clearing out, be any Order of His Majesty in Council in force subjecting vessels coming from thence to quarantine, shall, before his departure, provide and take on board one or more of the quarantine signal flags and lanterns directed by the hereinbefore recited Act of Parliament, and likewise a proper quantity of materials and instruments for fumigation and immersion, and shall keep the same on board, to be used in the manner hereinbefore directed upon the return of such vessel to any port or place in the United Kingdom.
XLII. The commanders of any of His Majesty's ships of war, who shall meet any vessel liable to perform quarantine, coming to any of the ports of the United Kingdom, or of the islands of Guernsey, Jersey, Alderney, Sark, or Man, shall take due care to prevent the
landing of any goods, wares, merchandises, or persons from on board the same, until they shall be put under the direction of the superintendent of quarantine or his assistant at Standgate Creek or Milford Haven, or under the direction of the superintendent or his assistant, or the principal or other officer of His Majesty's Customs authorised to act in that behalf as aforesaid, at any of the out-ports or places hereinbefore mentioned.
XLIII. The Commissioners and other officers of His Majesty's Customs shall use their utmost diligence and care that all regulations for the performance of quarantine, before directed, be duly observed.
XLIV. The commanders of His Majesty's ships of war, as likewise the commanders of His Majesty's forts and garrisons lying near the sea-coasts, and all justices of the peace, mayors, sheriffs, bailiffs, chief magistrates, constables, headboroughs, tithingmen, and all other officers and ministers of justice, shall be aiding and assisting to the said superintendents of quarantine and their assistants, and to the principal and other officers of His Majesty's Customs, and to all others that shall be concerned in stopping such vessels as aforesaid, and in bringing them to the places appointed for the performance of quarantine, as well as in enforcing due performance thereof.
XLV. This Order, and the regulations herein contained, shall take effect and be in force from and after the date hereof.
XLVI. And the Lords of His Majesty's Treasury, the Commissioners for executing the office of Lord High Admiral of Great Britain, the Lord Warden of the Cinque Ports, the Master-General and the rest of the principal officers of the Ordnance, His Majesty's Secretary at War, and the governors and commanders in chief for the time being of the islands of Guernsey, Jersey, Alderney, Sark, and Man, are to give the necessary directions herein as to them may respectively appertain.
C. C. GREVILLE. RECIPROCITY is a mutual return of privileges between countries, generally entered into by convention, and the Consul will therefore refer to the Treaties at Section VIII. It becomes his most imperative duty to ascertain whether privileges granted to foreign subjects in this country are extended to his countrymen in the state he has been sent to; as he would then, if it was not so, have to report such circumstances to the Foreign Office. It is impossible to point out what the different privileges reciprocated with foreign countries are ; but it will be as well to add, that in Great Britain, since the coasting trade has been thrown open, all foreign vessels enjoy the same privileges in every respect British vessels; and it will be therefore the duty of the Consul to do all in his power (with deference, of course, to his instructions), to obtain like immunities for British vessels in the country he is in.
RESPONDENTIA is distinguished from Bottomry, being a loan
upon the the cargo of the vessel, and not upon the ship and freight. In the case of Respondentia, the person of the borrower, as well as the security of the goods, are responsible for the refundment of the debt; and although the goods be lost, still he is partly responsible for the debt. It is a species of loan that ought not, justly speaking, ever to be taken ; and therefore we shall not dwell upon the subject any further.-Vide Bottomry.
SLAVE TRADE.-Vide Treaties.
WARRANTIES.—“A warranty,” says Steel,* " in a policy of insurance, is a condition or contingency; and unless that be performed there is not any contract. It is perfectly immaterial for what purpose it was introduced, but being inserted the liability does not exist unless it be literally complied with.” A warranty, therefore, is an express condition introduced into a policy of insurance, without fulfilment of which the policy becomes vitiated or annulled. There exist two kinds of warranties, viz., expressed and implied. Express warranties are matter introduced expressly into a policy, and consequently any condition may be introduced, for that purpose, into the policy of insurance. The most general usually consist of,
1. The safety of the vessel on a certain day.
This, of course, means that you warrant the vessel you insure is or was safe on such and such a day, in this or that port.
2. The sailing or departure of a vessel from a certain port on a particular day.
This means, that you make one of the conditions of your policy that the vessel shall leave, that is, sail from a certain port on a particular day. If the vessel does not sail, even in consequence of the weather not permitting her to do so, the policy becomes vitiated; but, at the same time, if she leaves the port she is warranted to sail from, and is driven back again to other ports or anchor in the same river, the policy remains in full force, as she has then sailed within the meaning of the law : but, at the same time, it must be perfectly understood that she has bona fide sailed, that is, taken all her cargo, made her clearance, etc., as the transaction of any business whatever relating to her sailing, after she had finally left the port, or when she was either driven back by stress of weather, or remained in the river for reasons not connected with her sailing from the port, the policy would again become vitiated.
3. Sailing with convoy, that is, sailing in company with Her Majesty's ships for protection. *
There are many other express warranties, such as, that the property is neutral and cannot be seized in port of discharge. These are warranties which will be perfectly understood by their appellations, and
* Steel's “Shipmaster's Assistant,” p. 130. + Abbot, p. 291.
for the arguments which might be adduced against them, they become such minute points of law that space will not permit me to refer to them.
The implied warranties consist of the seaworthiness, that is, that the vessel was seaworthy at the time of the insurance; and, as Lord Mansfield says, she must be tight, staunch, and strong at the time of her sailing. The next is, that she shall not deviate from her voyage; that is, that she shall not deviate, without absolute necessity, from the voyage prescribed in the policy of insurance. The deviation in a case of absolute necessity must be, of course, explained to the satisfaction of the parties concerned, or else the policy becomes laid aside. The last, for which a very good explanation is afforded in Steel, pages 132 and 134, is, That the insured will use reasonable diligence to guard against the risks covered by the policy; that is, that the insured shall take care that she is documented according to her national character, as the underwriters will not be liable if a loss happen from the default of the insured, in being unprovided with those documents which are required by the general law of nations, or by particular treaties ; so, also, if the documents are illegal.
WRECK.—It is the duty of the Consul, immediately on being made acquainted that a vessel is wrecked, to proceed, if possible, himself to the spot, and do all in his power to see that everything is recovered for the benefit of whom it may concern, and he will take possession (in the absence of the owner, or his agent) of the proceeds. It is his duty also to see that shipwrecked seamen are provided for, and that they are forwarded home; for their passage he may call upon any English vessel to provide, the expenses of wbich will be refunded on transmission of the proper accounts with vouchers.
The following are the treaties relating to special privileges in cases of shipwreck, Great Britain has ratified: 1661. With Denmark.
1797. With Russia. 1662. Tunis.
1803. Morocco. 1669. Denmark.
1806. United States. 1675. Tripoli.
1810. Portugal. 1682. Denmark.
1825. Columbia. 1686. » Spain.
1827. Brazil. 1713. France.
1828. 1716. Tunis and Tripoli. 1837. Greece and Nether1721. Morocco.
lands. 1734. Russia.
1840. Texas. 1751. Spain.
1841. Sardinia. 1760.
» Portugal. 1766. Russia.
1843. Russia. 1791, Morocco.
1845. the Two Sicilies.
SECTION THE SECOND.
12 & 13 Vict. CAP. 68. An Act for facilitating the Marriage of British Subjects resident in Foreign Countries.
[28th July, 1849.] Whereas an Act was passed in the fourth year of the reign of His late Majesty King George the Fourth, intituled An 4 G. 4, c. 91. Act to relieve His Majesty's subjects from all doubt concerning the validity of certain Marriages solemnized abroad : And whereas the provisions of the said Act are applicable only to the cases of marriages solemnized by a minister of the Church of England in the chapel or house of any British ambassador or minister residing within the country to the court of which he is accredited, or in the chapel belonging to any British factory abroad, or in the house of any British subject residing at such factory, and of marriages solemnized within the British lines by any chaplain or officer, or other person officiating under the orders of the commanding officer of a British army serving abroad : And whereas large numbers of Her Majesty's subjects are resident abroad at places where the provisions of the said Act are not applicable : And whereas it is expedient to afford greater facilities for the marriage of Her Majesty's subjects resident abroad: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That all mar- Marriages riages (both or one of the parties thereto being subjects or a abroad in subject of this realm) which from and after the passing of manner prothis Act shall be solemnized in the manner in this Act Act to be provided in any foreign country or place where there shall be a British Consul duly authorized to act in such foreign country or place under this Act, shall be deemed and held to be as valid in the law as if the same had been solemnized within Her Majesty's dominions with a due observance of all forms required by law.
2. And be it enacted, That in every case of marriage in- Notice of tended to be solemnized under the provisions of this Act one tended marof the parties shall give notice under his or her hand, in the riage to be
vided by this