Sound perfons

entering a lazaret, &c.

where the in

fection is, to be obliged to continue there, and perform qua. rentine;

and if he

escape, to be guilty of feTony.

Officer ne

glecting duty, to forfeit his office, and 100 1.

be it further enacted by the authority aforefaid, That all perfons liable to perform quarentine, whether in fhips, lazarets, or elsewhere, shall be fubject, during the faid quarentine, to fuch orders as they fhall receive from the proper officers authorized to see it duly performed; and the faid officers are hereby impowered and required to enforce all neceffary obedience to their faid orders; and may, in cafe of neceffity, call in others to their affiftance; and all perfons fo called are hereby required to assist accordingly.

X. And be it further enacted, That if any perfon not infected with the plague, nor liable to perform quarentine, fhall enter any houfe, lazaret, or other place fo appointed as aforefaid, whilft any perfon or perfons infected with the plague, or being under quarentine, fhall be therein; and fhall return, or attempt to return from thence, unlefs in fuch cafes, and by fuch licence, as fhall be directed or permitted by fuch order or orders made or to be made as aforefaid; it shall and may be lawful to and for the watchmen, or other perfons appointed to guard or fecure fuch house, lazaret, or other place so appointed as aforefaid, by fuch force as the cafe fhall require, to compel fuch perfon fo returning or attempting to return, to repair into fuch house, lazaret, or other place fo appointed as aforefaid, there to continue and perform quarentine: and in cafe fuch perfon fhall actually efcape out of fuch houfe, lazaret, or other place where he or the fhall be fo placed for performance of quarentine, before he or the fhall have fully performed the fame, he or she fhall be adjudged guilty of felony, and shall suffer death as a felon, without benefit of clergy.

XI. And it is hereby further enacted, That if any officer or officers of his Majefty's cuftoms, or any other officer or officers, perfon or perfons whatfoever, to whom it doth or fhall appertain, to execute any order or orders made or to be made concerning quarentine, or the prevention of infection, and notified as aforefaid, or to fee the fame put in execution, shall be guilty of any wilful breach or neglect of his or their duty in that behalf, every fuch officer and perfon so offending fhall forfeit his office or employment in the customs, or any other office or employment, and fhall become from thenceforth incapable to hold or enjoy the fame, or to take a new grant thereof, and forfeit the fum of one hundred pounds, one moiety thereof to the King, his heirs and fucceffors, and the other moiety to him or them who fhall or will fue for the fame by action of debt, bill, plaint or information, in any of his Majesty's courts of record at Westminster, Edinburgh, Dublin, or in the proper courts of the ifles of Guernsey, Jersey, Alderney, Sark or Man, respectively; and if any such officer or perfon fall embezzle, or fhall knowgoods, to pay ingly and willingly damage any goods performing quarentine under his direction, he fhall be liable to pay treble damages, and full cofts of fuit.

and if he embezzle any

treble da

mages.

XII. And whereas certain fpecies of goods and merchandizes are more especially liable to retain infection, and may be brought from

places

places infected into other countries, and from thence imported into his Majesty's dominions in fhips not obliged to perform quarentine; be it enacted by the authority aforefaid, That all fuch goods and Goods fpemerchandizes as are or fhall be particularly fpecified for that cified to be liable to quapurpose, in any order or orders made or to be made concerning rentine. quarentine, and the prevention of infection as aforefaid, which fhall be imported into any of his Majesty's dominions, from any foreign country or place, in any fhip or veffel whatsoever, fhall be subject and liable to fuch order or orders made or to be made concerning quarentine, and the prevention of infection as aforefaid.

XIII. And it is hereby further enacted, That after quarentine shall have been duly performed by any ship or vessel, person or On proof perfons, obliged to perform quarentine, according to fuch order that the vefor orders made as aforefaid, and this act, and upon proof to be fel hath permade by the oaths of the mafter, or other perfon having charge formed quaof fuch fhip or veffel, and of two of the perfons belonging to rentine, fuch fhip or veffel, or upon proof to be made by the oaths of two or more credible witneffes, before the cuftomer, comptroller or collector of the port where fuch quarentine fhall be performed, or the next port thereunto, or before any of their deputies, or any justice of the peace living near to fuch port, or where fuch quarentine fhall have been performed within any of the faid ifles of Guernsey, Jersey, Alderney, Sark or Man, before any two jurats or magiftrates of any of the faid ifles refpectively, (which perfons are hereby authorized and required to adminifter fuch oath) that fuch fhip or veffel, and all and every such perfon and perfons refpectively, have duly performed quarentine as aforefaid; and that the fhip or veffel, and all and every fuch that the fame perfon and perfons, are free from infection; and after producing is free from a certificate to that purpose, figned by the chief officer who fu- infection; perintended the quarentine of the said ship, then and in the faid and a certifirespective cafes fuch cuftomer, comptroller or collector, or any officer, &c. of their deputies, together with the faid juftice of the peace, or fuch jurats or magiftrates as aforefaid refpectively, are hereby the hip and required to give a certificate thereof; and thereupon fuch fhip men to be dif or veffel, and all and every fuch perfon and perfons fo having charged. performed quarentine, fhall be liable to no further reftraint or detention upon the fame account, for which fuch fhip or veifel, perfon or perfons, fhall have performed quarentine as aforefaid.

cate from the

XIV. And it is hereby further enacted, That the officer beNo fee to be fore whom fuch oath shall be made, and by whom fuch certifi- taken. cate shall be given, fhall for fuch respective oath and certificate demand or take no fee or reward whatfoever.

Orders to be

XV. Provided nevertheless, and it is hereby enacted, That all goods, wares and merchandizes, liable to quarentine as a complied with forefaid, fhall be opened and aired in fuch place or places, and for the airing for fuch time, and in fuch manner, as fhall be directed by his of goods; Majefty, his heirs or fucceffors, by fuch order or orders to be and on certimade as aforefaid; and after such orders fhall have been duly complied with, and a certificate thereof given by the chief officer ap

pointed

ficate and

proaf.

pointed to fuperintend the quarentine and airing of fuch goods, wares and merchandizes, and proof shall be made thereof, by the oaths of two or more credible witneffes, before the customer, comptroller or collector of the port, lying next to such place or places where fuch goods, wares or merchandizes, fhall have been opened and aired, as aforefaid, or any of their deputies, or any justice of the peace living near the fame, or before any two jurats or magiftrates of the faid ifles of Guernsey, Jersey, Alderney, Sark or Man respectively, (who are hereby authorized and required to adminifter fuch oath) upon certificate and return of fuch proof by fuch cuftomer, comptroller or collector, or any of their deputies, or fuch two jurats or magistrates as aforesaid, (who are hereby respectively required to make fuch certificate and return to the commiffioners appointed for the management of the customs of Great Britain or Ireland, or to the governor or commander in chief, being upon the place, in the ifles of the goods to Guernsey, Jersey, Alderney, Sark or Man refpectively) fuch goods, be discharged. wares and merchandizes, fhall be forthwith discharged from any restraint or detention upon the fame account, by order of the faid commiffioners, or any two of them, or of the faid governor or commander in chief of any of the faid ifles as aforefaid respectively; for every of which oath, certificate and order, no fee or reward whatsoever shall be demanded or taken.

Officer de

to forfeit rool.

XVI. Provided always, and be it enacted, That if any offimanding a fee cer or other perfon fhall demand or take any fee or reward for fuch oath whatsoever for any such oath, order or certificate, to be admior certificate, niftered or made in purfuance of this act, every person so offending shall forfeit the sum of one hundred pounds, one moiety thereof to his Majesty, his heirs and fucceffors, and the other moiety to him or them who fhall fue for the fame, by action of debt, bill, plaint or information, in any of his Majesty's courts of record at Westminster, Edinburgh, Dublin, or in the proper courts of Guernsey, Jersey, Alderney, Sark or Man respectively, in which cafe treble costs shall be allowed to either party as in other cafes.

Superintendant of the

watchman, acting con

trary to their duty,

XVII. And be it further enacted by the authority aforefaid, That if any officer or other perfon appointed to fee quarentine quarentine, or duly performed, or any perfon placed or appointed as a watchman upon any houfe, lazaret, fhip or other place, for performance of quarentine in purfuance of this act, fhall defert from their duty when employed on the faid bufinefs of quarentine, or shall knowingly and willingly permit or suffer any person, ship, goods or merchandizes, to depart or be conveyed out of such house, lazaret, ship or other place refpectively appointed for performance of quarentine, unless in such cases, and by fuch licence, as are or shall be directed or permitted by fome order or officer giv- or orders made or to be made as aforefaid; or if any person diing a falfe cer- rected as aforefaid to give a certificate of a fhip's having duly tificate, to performed her quarentine or airing, fhall knowingly give a false certificate; then and in every of the faid cafes, every such offi

fuffer death.

cer

cer and person so offending shall fuffer death as in cases of felony, without benefit of clergy.

XVIII. And be it further enacted by the authority aforefaid, Perfons conThat if any perfon or perfons shall knowingly or wilfully con- cealing or ceal from the officers of quarentine, or fhall clandeftinely con- conveying letclandestinely vey any letters, goods, wares or merchandizes from any fhip ters or goods under quarentine, or liable to perform quarentine, by any fuch from any ship order to be made as aforefaid, or from any lazaret or other place under quarenwhere goods shall be performing quarentine, every fuch perfon tine, or from fo offending fhall fuffer death, as in cafes of felony, without fuffer death. benefit of clergy.

any lazaret, to

mentioned,

which shall be

XIX. And whereas it is notorious, that notwithstanding the many good laws made to prevent the clandeftine importation of cuftomable and prohibited goods and merchandizes, a pernicious trade of that kind is still carried on, for the most part in open boats or vessels of fmall burthen, which privately and in the night put into creeks and fecret places on the coast, thereby escaping the obfervation of the officers of the customs, which practices may prove highly detrimental to the fafety of these kingdoms during a time of infection; for prevention thereof, be it enacted by the authority aforefaid, That During the inwhen any part of Great Britain, Ireland, or the ifles of Guernsey, fection in the Ferfey, Alderney, Sark or Man, or France, Spain, Portugal or Places herein the Low Countries, fhall be infected with the plague, it fhall and fmall veffels may be lawful to and for his Majefty, his heirs and fucceffors, to give fecuri. by his or their proclamation to prohibit and restrain all small ty not to touch boats and veffels, under the burthen of twenty tons, from fail- at any country ing or paffing out of any port or place of Great Britain or Ireland, mentioned in or the ifles of Guernsey, Jersey, Alderney, Sark and Man, or any a proclamaof them, until fecurity be firft given by the matter of every fuch tion. boat or veffel refpectively, to the fatisfaction of the principal officer of the customs, or the chief magiftrate of the port or place from whence fuch boat or veffel fhall fail, by bond taken to the King, his heirs or fucceffors, with fufficient fureties, in the penalty of three hundred pounds, with condition that if fuch boat or veffel fhall not go to, or touch at any country, port or place to be mentioned for that purpose in fuch proclamation; and if the mafter or other perfon having charge of fuch boat or veffel, and all and every mariner and mariners, paffenger and paffengers going in fuch boat or veffel thall, during the time aforefaid, not go on board any other fhip or veffel at fea, and if fuch mafter or other perfon having charge of fuch boat or veffel shall not permit or suffer any perfon or perfons to come on board fuch boat or vessel at fea from any other ship or vessel, and shall not, during the time aforefaid, receive any goods and merchandizes whatsoever out of any other fhip or vessel, then fuch bond shall be void, or to fuch effect; for the making of which Veffels failing bond no fee or reward whatsoever shall be taken; and in cafe without fuch any boat or vessel for which such security shall be required by fecurity to be fuch proclamation, fhall fet fail or pafs out of any port or place forfeited; of Great Britain or Ireland, or the islands of Guernsey, Jersey, Alderney, Sark and Man, or any of them refpectively, before fuch

fecurity

1

and crew to forfeit 201.

fecurity be given as aforefaid, every fuch boat or veffel fo failing or paffing out of any port or place, contrary to the true intent and meaning of this act, together with her tackle, apparel and furniture, fhall be forfeited to the King, his heirs and fucceffors, and shall and may be feized, fued for, and recovered in his Majesty's court of exchequer at Westminster, Edinburgh or Dublin, or in the proper courts of the ifles of Guernsey, Jersey, Alderney, Sark or Man refpectively, to the ufe of his Majesty, his and the mafter heirs and fucceffors; and the master of, and every mariner failing in any fuch boat or vefiel, being thereof lawfully convicted upon his or their appearance or default, upon the oath or oaths of one or more credible witnefs or witneffes, by one or more justice or justices of the peace where fuch offender fhall be found (which oath fuch juftice or juftices of the peace are hereby impowered and required to administer) shall forfeit the fum of twenty pounds; one moiety thereof to the informer, the other moiety to the poor of the parish where fuch offender fhall be found; the fame to be levied by distress and fale of the offender's goods, by warrant under the hand and feal or the hands and feals of fuch juftice or juftices before whom fuch offender (hall be convicted as aforefaid; and for want of fufficient diftrefs, every such offender fhall by fuch justice or justices be committed to prison, there to remain without bail or mainprize for the space of three months; and in case any fuch offender shall be found in any of the said ifles of Guernsey, Jersey, Alderney, Sark or Man, and shall be lawfully convicted of such offence in any action or fuit to be founded on this act, in the proper court of any of the said isles where he shall be so found, fuch offender shall forfeit the sum of twenty pounds, one moiety thereof to the informer, and the other moiety to the poor of the parish or place where fuch offender fhall be found; and in default of paying fuch penalty shall suffer imprisonment without bail or mainprize for the space of three months.

Orders con

cerning quarentine to be

read in

XX. And, to the end that all perfons may know how to demean themselves in the premiffes, be it further enacted by the authority aforefaid, That when and as often as his Majesty, his heirs or fuccceffors, fhall make any order or orders concerning ehurches, &c. quarentine, and the prevention of infection, and notify the fame by proclamation, or cause the fame to be published in the London Gazette, as aforefaid; fuch proclamation, or order or orders. in council, as aforefaid, fhall be publickly read upon the next Sunday on which divine fervice fhall be performed after the receipt of the fame, and the first Sunday in every month afterwards (during the time such orders fhall continue in force) immediately after the prayers in all parish churches, and other places fet apart for divine worship, within fuch counties and places as fhall be specified for that purpose in fuch proclamation or orders respectively.

XXI. And be it further enacted by the authority aforefaid, That if any action or fuit fhall be commenced against any perfon or perfons for any thing done in pursuance of this prefent

act,