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Privy Council as aforesaid, the Answer or Answers of the Commander, Master or other Person having Charge of any Ship or Vessel, to any Questions or Interrogatories put to him by virtue and in pursuance of this Act, or of any Act which may hereafter be passed concerning Quarantine, or of any such Order or Orders as aforesaid, may and shall be given and received as Evidence, so far as the same relates or relate to the Place from which such. Ship or Vessel came, or to the Place or Places at which such Ship or Vessel touched in the Course of her Voyage; and where any How far having Ship or Vessel shall have been directed to perform Quarantine by been directed the Superintendant of Quarantine or his Assistant, or where there to perform Quarantine is no such Superintendant or Assistant, by the Principal Officer received as of the Customs at any Port or Place, or other Officer of the Cus- Evidence that toms authorized as aforesaid to act in that Behalf, the having been Vessels were so directed to perform Quarantine may and shall be given and re- liable thereto. ceived as Evidence that such Ship or Vessel was liable to Quarantine, unless satisfactory Proof shall be produced by the Defendant or Defendants in any such Prosecution, Suit or other Proceeding, to shew that the Ship or Vessel did not come from or touch at any such Place or Places as is or are stated in the said Answer or Answers, or that such Ship or Vessel, although directed to perform Quarantine, was not liable to the Performance thereof; and where any Ship or Vessel shall in fact have been put under Qua- Performing rantine at any Port or Place, by the Superintendant of Quarantine Quarantine or his Assistant, or other Officer of the Customs authorized as aforesaid to act in that Behalf, and shall actually be performing to perform it. the same, such Ship or Vessel shall, in any Prosecution, Suit or other Proceeding against any Person or Persons whatever, 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.

Proof of Vessels being liable

On Affidavit of
Indictment filed

for Offences
under this Act,
a Judge may
cause Party to
be apprehended,
and if he refuse
to become

bound for Appearance, he may be com

XLI. And be it further enacted, That whenever any Person or Persons shall be charged 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 be made by His Majesty, His Heirs or Successors, in Council as aforesaid, or of any Order or Orders made by the Lords or others of the Privy Council, or any Three or more of them as aforesaid, and the same shall be made appear to any Judge of His Majesty's Court of King's Bench by Affidavit or by Čertificate, of any Indictment or Information being filed against such Person or Persons in the said Court for such Offence, it shall and may be mitted to Gaol. lawful for such Judge to issue his Warrant in Writing under his Hand and Seal, 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

Where Persons are detained,

Prosecutor may

cause a Copy of
Indictment to
be delivered to
Party or
Gaoler, with
Notice to ap-
pear and plead,
or demurr: and
on failure, in
Appearance
Plea of Not

Guilty may be entered by Prosecutor, and Trial shall proceed.

Defendant acquitted may be discharged by Judge trying the Offence.

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 Gaol of the County, City or Place where the Offence shall have 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 discharged; 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 detained 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, or to the Gaoler, Keeper or Turnkey of the Gaol wherein such Person or Persons is, are or shall be so detained, with a Notice thereon indorsed, that unless such Person or 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 of Demurrer to be entered in the said Court to such Indictment or Information and Appearance, and the Plea of Not Guilty will be entered thereto, in the Name or Names of such Person or Persons respectively; and in case he, she or they shall thereupon, for the said Space of Eight Days after such Delivery of a Copy of the Indictment or Information as aforesaid, neglect to cause an Appearance, and also a Plea of Demurrer to be entered in the said Court to such Indictment or Information, it shall be lawful for the Prosecutor of such Indictment or Information, upon an Affidavit being made and filed in the said Court, of a Delivery of a Copy of such Indictment or Information, with such Notice indorsed thereon as aforesaid, to such Person or Persons, or to such Gaoler, Keeper or Turnkey, as the Case may be, which Affidavit may be made before any Judge or Commissioner of the said Court authorized to take Affidavits in the said Court, to cause an Appearance and the Plea of Not Guilty to be entered in the said Court to such Indictment or Information, for such Person or Persons respectively; and such Proceedings shall be had thereupon, as if the Defendant or Defendants in such Indictment or Information had appeared and pleaded Not Guilty, according to the usual Course of the said Court; and that if, upon the Trial of such Indictment or Information, the Defendant or Defendants so committed and detained as aforesaid, shall be acquitted of all the Offences therein charged upon him, her or them, it shall be lawful for the Judge before whom such Trial shall be had, although he may not be One of the Judges of the said Court of King's Bench, to order that such Defendant or Defendants shall be forthwith discharged out of the Custody, as to his, her or their Commitment as aforesaid; and

such

such Defendant or Defendants shall be thereupon discharged accordingly.

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XLII. And be it further enacted, That all Offences committed contrary to, or in Breach or Violation of this or any other Act hereafter to be passed, or of any Order or Orders of His Majesty, His Heirs or Successors, now or hereafter to be made in his or their Privy Council, concerning Quarantine, and the Prevention of Infection, and notified by Proclamation, or published in the London Gazette, or of any Order or Orders made by Three or more of the Lords or others of the Privy Council as aforesaid, whether the said Offence shall be done and committed within the Body of any County or upon the High Seas or elsewhere, shall and may be tried, heard and determined in any County within England or Scotland, or in the proper Courts of the Isles of Guernsey, Jersey, Alderney, Sark or Man respectively.

Offences
against Laws of

Quarantine
may be tried in

any County.

XLIII. And be it further enacted, That if any Action or Suit In Action for shall be commenced against any Person or Persons, for any Thing executing Act. done in pursuance and execution of this present Act, or of any

Order of Council made by virtue thereof, the Defendant or De

fendants in such Action or Suit may plead the General Issue, and General Issue. give this Act and the special Matter in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and in Execution of the said Act; and if it shall appear so to have been done, then the Jury shall find for the Defendant or Defendants; and if the Plaintiff shall be nonsuited or discontinue his Action after the Defendant or Defendants shall have appeared, or if Judgment shall have been given upon any Verdict or Demurrer against the Plaintiff, the Defendant or Defendants shall and may recover Treble Costs, and have the like Remedy for the same as Treble Costs. the Defendant or Defendants hath or have in other Cases by Law; and that no such Action or Suit shall be brought against any Person Limitation of for any Matter or Thing done in pursuance or execution of this Actions, Act, but within the Space of Two Months after such Matter or Thing shall have been done.

XLIV. And be it further enacted, That this Act shall commence and take Effect, except as is hereinbefore otherwise provided, on the Fifth Day of April One thousand eight hundred and five, and may be altered, varied or repealed, by any Act or Acts to be made in this present Session of Parliament. [See 46 G. 3. c. 98.—50 G. 3. c. 20. — 51 G. 3. c. 46.·51 G. 3. c. 46. — 52 G. 3. c. 39. § 65. Proviso for this Act, 54 G. 3. c. 36. § 45.]

6

CA P. XI.

An Act for granting certain additional Rates and Duties in
Great Britain, on the Conveyance of Letters.

W

[12th March 1805.]

• Most Gracious Sovereign, X7E, Your Majesty's most dutiful and loyal Subjects, the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled, being desirous of raising the necessary Supplies to defray Your Majesty's Public Expences, and of making a permanent Addition to the Public Revenue, have freely and voluntarily resolved to give and grant unto Your

Majesty

Commencement of Act; which may be altered, &c. or

repealed this Session.

Additional

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Majesty, the Additional Rates and Duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may ' be enacted;' And be it enacted by the King'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 from and after Rates of Post- the passing of this Act, it shall be lawful for His Majesty's Postmaster General and his Deputy and Deputies by him thereunto sufficiently authorized, for the Use of His Majesty, His Heirs and Successors, to demand, have, receive and take for the Port and Conveyance of all Letters and Packets, which he shall carry, convey or send Post in Manner hereinafter mentioned, the additional Rates and Duties hereinafter specified, the same being rated by the Letter or by the Ounce; videlicet,

age.

Within Great
Britain.

Britain and
Ireland.

For the Port and Conveyance of Letters by the Post within Great Britain, for every Single Letter One Penny; for every Double Letter Two Pence; for every Treble Letter or other Letter under an Ounce in Weight Three Pence; and for every Ounce in Weight, and for every Packet not exceeding an Ounce in Weight, Four Pence; and so on in Proportion for every other Letter or Packet of greater Weight than an Ounce :

Between Great For the Port and Conveyance of Letters by the Post from Great Britain to Ireland, and from Ireland to Great Britain, for every Single Letter One Penny; for every Double Letter Two Pence; for every Treble Letter or other Letter under an Ounce in Weight Three Pence; and for every Ounce in Weight, and for every Packet not exceeding an Ounce in Weight, Four Pence; and so in Proportion for every other Letter or Packet of greater Weight than an Ounce :

Patterns not exceeding 1 oz.

26 G.3. c. 13.

35 G.3. c.53.

For the Port and Conveyance of every Packet or Cover, containing
therein, or having affixed thereto, One or more Paper or Papers
with Patterns, or One or more Pattern or Patterns of Cloth, Silk,
Stuff or other Goods, or One or more Sample or Samples of any
other Sort of Thing, not exceeding together One Ounce in
Weight, sent agreeably to the Provisions of an Act of Parlia-
ment, passed in the Twenty sixth Year of the Reign of His late
Majesty King George the Second, intituled An Act for the more
effectually preventing the fraudulent Removal of Tobacco by Land
or Water, and for the Ease of the fair Trader in Tobacco; and
for ascertaining the Rates payable for the Postage of certain
Letters; and for amending and explaining the Laws relating to
the Sale of Spirituous Liquors by Retail; and of an Act, passed
in the Thirty fifth Year of the Reign of His present Majesty, in-
tituled An Act for further regulating the sending and receiving
Letters free from the Duty of Postage; for allowing Noncom-
missioned Officers, Seamen and Private Men in the Army and
Navy, whilst on Service, to send and receive Letters at a low
Rate of Postage; and for permitting Patterns and Samples of
Goods to be transmitted by the Post at an easier Rate than is now
allowed by Law; the Sum of One Penny.
For the Port and Conveyance of every Letter, originally sent by
the Post, now known by the Name of The Two Penny Post,
and not first passing and afterwards to pass by the General
Post, directed to or sent from Places beyond the Delivery of the

General

General Post Letter Carriers, the Sum of One Penny: For the
Port and Conveyance of every Letter, originally passing by the
General Post, directed to Places beyond the Delivery of the
General Post, and afterwards delivered by the Two Penny Post,
the Sum of Two Pence:

For the Port and Conveyance of Letters by the Post, from and to Foreign
Great Britain to and from Parts beyond the Seas, not within Letters.
His Majesty's Dominions, for every Single Letter Two Pence;
for every Double Letter Four Pence; for every Treble Letter
or other Letter under an Ounce in Weight Six Pence; and for
every Packet not exceeding an Ounce in Weight Eight Pence;
and so on in Proportion for every other Letter or Packet of
greater Weight than an Ounce :

For the Port and Conveyance of Letters sent by the Post from and Colonial
to Great Britain to and from the British Dominions in America, Letters, &c.
to and from or passing through the Kingdom of Portugal, and
to and from the Islands of Guernsey and Jersey and the Isle of
Man, a Packet Postage for every Single Letter of One Penny;
for every Double Letter Two Pence; for every Treble Letter or
other Letter under an Ounce in Weight Three Pence; and for
every Packet not exceeding an Ounce in Weight Four Pence;
and so on in Proportion for every other Letter or Packet of
greater Weight than an Ounce.

II. And be it further enacted, That over and above the Rates and Duties by this Act granted, all Letters and Packets passing from Great Britain to the British Dominions in America, to or through the Kingdom of Portugal, to the Islands of Guernsey and Jersey and the Isle of Man, and all Letters and Packets from those respective Countries to Great Britain, shall be charged with the Inland Rate of Postage hereby established, of One Penny for each Single Letter, and so in Proportion for Double and Treble Letters, and other Letters according to the Weight thereof, for their Inland Conveyance.

Inland Postage

on Letters to or

from the British Dominions in

America, &c.

Rates of Postage upon Single Letters sent by or to Seamen,

III. Provided always, and be it further enacted, That nothing herein contained shall increase or alter, or be construed to increase or alter, the Amount or Manner of charging the Rates of Postage upon Single Letters to be sent by the Post by or to Seamen or &c. made payPrivates employed in His Majesty's Navy, Army, Militia, Fencible able by 35 G.3. Regiments, Artillery or Marines, upon their own private Concerns c.53. only, whilst such Seamen and Privates shall be employed in the Public Service as aforesaid, made payable by the said Act passed in the Thirty fifth Year of the Reign of His present Majesty, any thing hereinbefore contained to the contrary in anywise notwithstanding.

IV. Provided always, and be it enacted, That all printed Newspapers sent by the Post now known by the Name of the Two Penny Post, to Places beyond the Delivery of the General Post, shall be chargeable with a Duty of One Penny only; provided such Newspapers be sent in the Manner prescribed by an Act, passed in the Forty second Year of the Reign of His present Majesty, any Law to the contrary notwithstanding.

Rate of 1d. on
Newspapers

sent by Two
yond Delivery
Penny Post be-
of the General
Post.

See 42 G.3.

c.63. § 10. &c.

V. And be it further enacted, That all the Powers, Provisions, Privileges, Advantages, Disabilities, Penalties, Forfeitures and Powers of Acts Distribution thereof, and all Clauses and other Matters and Things, Post Office not 45 GEO. III.

D

contained

relating to the

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