Abbildungen der Seite
PDF
EPUB

three years nor less than one year; and whenever any such document has been admitted in evidence by virtue of this Act, the Court or the person who has admitted the same may, at the request of any party against whom the same is so admitted in evidence, direct that the same shall be impounded and be kept in the custody of some officer of the Court or other proper person for such period, and subject to such conditions, as to the said Court or person shall seem meet; and every person charged with committing any felony under this Act may be dealt with, indicted, tried, and, if convicted, sentenced, and his offence may be laid and charged to have been committed, in the county, district, or place in which he may be apprehended or be in custody; and every accessory before or after the fact to any such offence may be dealt with, indicted, tried, and, if convicted, sentenced, and his offence laid and charged to have been committed, in any county, district, or place in which the principal offender may be tried.

SECTION THE FOURTH.

18 & 19 VICT., CAP. 111.

An Act to amend the Law relating to Bills of Lading.

[14th August, 1855.]

WHEREAS by the custom of merchants a bill of lading of goods being transferable by endorsement the property in the goods may thereby pass to the endorsee, but nevertheless all rights in respect of the contract contained in the bill of lading continue in the original shipper or owner, and it is expedient that such rights should pass with the property: And whereas it frequently happens that the goods in respect of which bills of lading purport to be signed have not been laden on board, and it is proper that such bills of lading in the hands of a bona fide holder for value should not be questioned by the master or other person signing the same on the ground of the goods not having been laden as aforesaid: 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, as follows:

der bills of

vest in con

1. Every consignee of goods named in a bill of lading, Rights unand every endorsee of a bill of lading to whom the property lading to in the goods therein mentioned shall pass, upon or by reason signee or of such consignment or endorsement, shall have transferred endorsee. to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.

right of

claims for

2. Nothing herein contained shall prejudice or affect any Not to affect right of stoppage in transitu, or any right to claim freight stoppage in against the original shipper or owner, or any liability of the transitu or consignee or endorsee by reason or in consequence of his freight. being such consignee or endorsee, or of his receipt of the goods by reason or in consequence of such consignment or endorsement.

conclusive

3. Every bill of lading in the hands of a consignee or en- Bil of dorsee for valuable consideration representing goods to have: lading in hands of conbeen shipped on board a vessel shall be conclusive evidence signee, etc., of such shipment as against the master or other person sign- evidence of the shipment ing the same, notwithstanding that such goods or some part as against thereof may not have been so shipped, unless such holder of master, etc. the bill of lading shall have had actual notice at the time of receiving the same that the goods had not been in fact laden on board: Provided, that the master or other person so sign- Proviso. ing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper, or of the holder, or some person under whom the holder claims.

SECTION THE FIFTH.

6 GEO. IV., CAP. 78.

An Act to repeal the several Laws relating to the performance of
Quarantine, and to make other Provisions in lieu thereof.

[27th June, 1825.]

WHEREAS it is expedient to repeal the several laws relating to the performance of quarantine, and to make other proActs relating visions in lieu thereof: Be it therefore enacted by the King's

to quarantine re

pealed.

What ves

sels shall be liable to quarantine.

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 from and after the first day of June, One Thousand eight hundred and twenty-five, all and every Act and all parts of Acts of the Parliament of Great Britain and Ireland respectively and of the Parliament of the United Kingdom, relating to the performance of quarantine, or relating to the charging any duty or duties upon vessels which may be liable to or have performed quarantine, shall be and the same is hereby repealed, save and except such Acts, and such parts of Acts, as relate to the payment and recovery of any duties imposed by the said Acts, or any parts of Acts which shall be due and unpaid on the first day of June by any person or persons under any or either of the said Acts; and also save and except as to any fine, penalty, forfeiture, or punishment, or fines, penalties, forfeitures, or punishments, to which any such person or persons may be liable by reason of the same; and also save and except as to any action, suit, prosecution, or other proceeding brought or commenced, or which shall hereafter be brought or commenced, for or on account of any such offence or offences so done or committed as aforesaid.

2. And be it enacted, That from and after the first day of June, One thousand eight hundred and twenty-five, all vessels, as well His Majesty's ships of war as others, coming from or having touched at any place from whence His Majesty, his heirs or successors, by and with the advice of his or their Privy Council, shall have adjudged and declared it probable that the plague or other infectious disease or distemper highly dangerous to the health of His Majesty's subjects may be

brought, and all vessels and boats receiving any person, goods, wares, and merchandise, packets, packages, baggage, wearing apparel, books, letters, or any other article whatsoever, from or out of any vessel so coming from or having touched at such infected place as aforesaid, whether such persons, goods, wares, and merchandise, packets, packages, baggage, wearing apparel, books, letters, or other articles, shall have come or been brought in such vessels, or such persons shall have gone, or articles have been put on board the same, either before or after the arrival of such vessels at any port or place in the United Kingdom, or the Islands of Guernsey, Jersey, Alderney, Sark, or Man, and whether such vessels were or were not bound to any port or place in the United Kingdom, or the Islands aforesaid, and all persons, goods, wares, and merchandise, packets, packages, baggage, wearing apparel, books, letters, or any other article whatsoever, on board of any vessels so coming from or having touched at such infected place as aforesaid, or on board of any such receiving vessels or boats as aforesaid, shall be and be considered to be liable to quarantine within the meaning of this Act, and of any Order or Orders which shall be made by His Majesty, his heirs and successors, by and with the advice of his or their Privy Council, concerning quarantine and the prevention of infection, from the time of the departure of such vessels from such infected place as aforesaid, or from the time when such persons, goods, wares, merchandise, packets, packages, baggage, wearing apparel, books, letters, or other articles shall have been received on board respectively; and all such vessels and boats as aforesaid, and all persons (as well pilots as others), goods, wares, and merchandise, and all other articles as aforesaid, whether coming or brought in such vessels or boats from such infected place as aforesaid, or going or being put on board the same, either before or after the arrival of such vessels or boats at any port or place in the United Kingdom, or the Islands aforesaid, and all persons, goods, wares, and merchandise, and other articles as aforesaid, on board such receiving vessel or boat as aforesaid, shall, upon their arrival at any such port or place, be obliged to perform quarantine in such place or places, for such time and in such manner as shall from time to time be directed by His Majesty, his heirs or successors, by his or their Order or Orders in Council, notified by proclamation, or published in the London Gazette; and that until such vessels and boats,

Power for

cil to order

persons, goods, wares, and merchandise, and other articles as aforesaid, shall have respectively performed, and shall be duly discharged from quarantine, no such person, goods, wares, or merchandise, or other articles as aforesaid, or any of them, shall, either before or after the arrival of such vessels or boats at any port or place in the United Kingdom, or the Islands aforesaid, come or be brought on shore, or go and be put on board any other vessel or boat, in order to come or be brought on shore in any such port or place, although such vessels so coming from such infected place as aforesaid may not be bound to any port or place in the United Kingdom, or the Islands aforesaid, unless in such manner and in such cases, and by such licence as shall be directed or permitted by such Order or Orders made by His Majesty, his heirs or successors, in Council, as aforesaid; and all such vessels and boats, whether coming from such infected place as aforesaid, or being otherwise liable to quarantine as aforesaid, and all persons (as well pilots as others), goods, wares, and merchandise, and other articles as aforesaid, whether coming or brought in such vessels or boats, or going or being put on board the same, either before or after the arrival of such vessels or boats at any port or place in the United Kingdom, or the Islands aforesaid, and although such vessels or boats shall not be bound to any port or place in the United Kingdom, or the Islands aforesaid; and all commanders, masters, or other persons, having the charge or command of any such vessels or boats, whether coming from any infected place, or being otherwise liable to quarantine as aforesaid, shall be subject to all provisions, rules, regulations, and restrictions. contained in this Act, or in any Order or Orders which shall be made by His Majesty, his heirs and successors, in Council as aforesaid, concerning quarantine and the prevention of infection, and to all the pains, penalties, forfeitures, and punishments contained in this Act, for any breach or disobedience thereof, or of any Order or Orders of His Majesty in Council made under the authority thereof.

3. And be it further enacted, That it shall and may be lawPrivy Coun- ful for His Majesty, his heirs and successors, by his or their vessels com-Order in Council, or for the Lords or others of his or their ing from America or Privy Council, or any two or more of them, by their Order Indies, when from time to time, as often as they may see reason to apprethe yellow hend that the yellow fever or other highly infectious distemprevails per prevails on the continent of America, or in the West

the West

fever, etc.,

« ZurückWeiter »