and to fuffer imprifonment, and

forfeit zool.

Lazarets may

common or

any kind of force and violence, to compel fuch person to return on board fuch fhip or veffel; and every fuch perfon fo quitting fuch fhip or veffel fhall for every fuch offence fuffer imprisonment for the space of fix months, and shall also forfeit the fum of two hundred pounds; one moiety to the King, his heirs and fucceffors, the other moiety to him or them that will fue for the fame; the fame respective penalties and forfeitures to be recovered 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 refpectively.

VI. And be it further enacted by the authority aforesaid, be erected on That whenever his Majefty, his heirs and fucceffors, by and with the advice and confent of parliament, fhall direct houses or private lazarets to be provided for the receiving and entertaining of pergrounds, fons obliged to perform quarentine, or for the depofiting, openmaking fatisfaction to the ing and airing of goods and merchandizes liable to perform proprietors. quarentine as aforefaid, it fhall and may be lawful to erect the fame either in any wafte grounds or commons, or where such wafte grounds or commons are not fufficient, in the feveral grounds of any perfon or perfons whatsoever, not being a house, park, garden, orchard, yard or planted walk, or avenue to a houfe, paying fuch rate, rent or confideration for the fame to the perfons interested therein refpectively, according to their several interefts in the fame, as thall be agreed on between the perfons fo interested, their guardians or trustees, and any two perfons to be appointed for that purpose by his Majefty, his heirs or fucceffors, under his or their fign manual; and in cafe of any difference concerning fuch rate, rent or confideration between the perfons fo interested, their guardians or trustees, and fuch perfons fo to be appointed by his Majefty, his heirs or fucceffors as aforefaid, then and in such cases the faid persons so to be appointed by his Majefty, his heirs and fucceffors, may and are hereby authorized, thirty clear days before any general quarter feffion of the peace to be holden for the refpective counties or divifions where fuch grounds fhall refpectively lie as aforesaid, to give or cause to be given, to the occupier or occupiers of fuch feveral grounds, or to be left at their last places of abode refpectively, a notice in writing, defcribing the quantity of ground fo directed by his Majefty, his heirs and fucceffors, by and with the advice and confent of parliament, for the purposes aforefaid, and purporting that the rent or confideration of fuch ground will be adjusted and fettled by a jury at the faid feffions; and the juftices at their faid feflions, upon proof to them made that fuch notices have been given, fhall and are hereby authorized and required to charge the jury which fhall attend at the faid feffions, or fome other jury of twelve honeft and fubftantial men (to be then and there impanelled and returned by the fheriff of the county, without fee or reward) and caufe to be fworn, well and truly on their oaths to affefs the value of the ground comprized in the faid notices, and the rent or confideration to be given for the

In cafe of difference, the fame to be fettled by a jury at the quarter.fef

Lons.

fame

fame to the refpective owner or owners thereof, according to their respective interefts therein; which oath the faid juftices are hereby required to adminifter to the faid jury, and to which faid jury the faid perfons to be appointed by his Majefty, his his heirs and fucceffors, and the parties interested in fuch ground fhall have their lawful challenges; and the faid jury being fo fworn and charged as aforefaid, after proper evidence on oath given to them, thall by their verdict affefs the rent or confideration to be given for fuch ground to the refpective owner or owners thereof, according to their refpective interests therein; which verdict of the faid jury, and judgment of the faid justices thereupon, fhall be conclufive and finally bind all parties; and that from and after fuch verdict and judgment, his Majefty, his heirs and fucceffors, fhall and may hold and enjoy fuch ground for and during all fuch time and term as his Majefty, his heirs and fucceffors, fhall judge neceffary for the purposes aforesaid, paying for the fame fuch rate, rent, or other confideration, as hall be agreed upon, or affeffed and adjudged as aforefaid.

ders.

VII. And be it further enacted by the authority aforefaid, Officers to oThat the proper officers authorized to put in execution fuch or- blige all perders made or to be made as aforefaid, fhall, and they are here- fons to comby impowered and required to caufe and compel all persons o- ply with orbliged to perform quarentine as aforefaid, and all goods and merchandizes comprized within any fuch orders made or to be made as aforesaid, respectively to repair, or be conveyed to fome of the faid houses or lazarets, or to fuch other places as fhall be provided for the reception of fuch perfons, goods or merchandizes, or for the opening and airing of fuch goods or merchandizes, according to fuch order or orders made or to be made as aforefaid.

VIII. And be it further enacted, That if any perfon obliged Perfons reto perform quarentine as aforefaid, fhall wilfully refufe or ne- fufing to perglect to repair, within convenient time after due notice for that form quarenpurpose given to him, her or them, by the proper officer, to the tine, &c. houfe, lazaret, or other place, duly appointed for him, her or them, or having been placed in fuch house or lazaret, or other place, fhall escape or attempt to escape out of the fame before quarentine fully performed; it fhall and may be lawful to and Officers may for the watchmen, and other perfons appointed to fee quaren- compel them tine performed, by fuch force as the cafe fhall require, to com- by force. pel every fuch perfon fo refufing or neglecting as aforesaid, and every fuch perfon fo escaping or attempting to escape as aforefaid, to repair or return into fuch house, lazaret, or other place fo appointed for him or her as aforefaid; and every such person

fo refusing or neglecting to repair, within convenient time after Perfons efcapfuch notice as aforefaid, into fuch houfe, lazaret, or other place ing, &c. guilty appointed for him or her as aforefaid; and alfo every person of felony. actually escaping as aforefaid, fhall be adjudged guilty of felony, and shall suffer death as a felon, without benefit of clergy.

IX. And whereas difobedience or refractory behaviour in perfons

under quarentine may be attended with great danger and inconvenience; officers to e

be

ence.

en

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

be it further enacted by the authority aforefaid, That all perfons liable to perform quarentine, whether in fhips, lazarets, or elfewhere, fhall be fubject, during the faid quarentine, to fuch orders as they fhall receive from the proper officers authorized to fee 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 afliftance; and all perfons fo called are hereby required to affift accordingly.

X. And be it further enacted, That if any person not inSound perfons fected with the plague, nor liable to perform quarentine, fhall entering a lazaret, &c. enter any houfe, lazaret, or other place fo appointed as aforewhere the in- faid, whilft any perfon or perfons infected with the plague, or fection is, to being under quarentine, fhall be therein; and thall return, or attempt to return from thence, unlefs in fuch cases, and by fuch licence, as fhall be directed or permitted by fuch order or orders made or to be made as aforefaid; it fhall and may be lawful to and for the watchmen, or other perfons appointed to guard or fecure fuch houfe, lazaret, or other place fo 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 such perfon thall actually efcape out of fuch house, 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 the thall be adjudged guilty of felony, and shall fuffer death as a felon, without benefit of clergy.

and if he

efcape, to be guilty of fe

lony.

Officer ne

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

XI. And it is hereby further enacted, That if any officer or officers of his Majesty's customs, 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, fhall be guilty of any wilful breach or neglect of his or their duty in that behalf, every fuch officer and perfon fo offending fhall forfeit his office or employment in the customs, or any other office or employment, and shall 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 Majefty'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 fuch officer or perfon fhall embezzle, or thall 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.

em

.and if he bezzle 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 Majefty'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 specified for that cified to be purpose, in any order or orders made or to be made concerning liable to quaquarentine, and the prevention of infection as aforefaid, which fhall be imported into any of his Majefty's dominions, from any foreign country or place, in any fhip or veffel whatsoever, fhall be fubject 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 fhall have been duly performed by any ship or vessel, perfon 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 (hip or veffel, or upon proof to be made by the oaths of two or more credible witneffes, before the customer, 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 juftice 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 Min, 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 fuch 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 faid fhip, then and in the faid and a certifirefpective 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 respectively, 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 restraint or detention upon the fame account, for which fuch thip or veffel, perfon or perfons, fhall have performed quarentine as aforefaid. XIV. And it is hereby further enacted, That the officer before whom fuch oath fhall be made, and by whom fuch certifi- taken. cate fhall be given, fhall for fuch refpective oath and certificate demand or take no fee or reward whatsoever.

cate from the

No fee to be

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 fuch orders fhall have been duly com- proof. plied with, and a certificate thereof given by the chief officer ap

pointed

ficate and

pointed to fuperintend the quarentine and airing of such goods, wares and merchandizes, and proof fhall be made thereof, by the oaths of two or more credible witneffes, before the customer, comptroller or collector of the port, lying next to fuch place or places where fuch goods, wares or merchandizes, fhall have been opened and aired as aforefaid, or any of their deputies, or any juftice 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 refpectively, (who are hereby authorized and required to adminifter fuch oath) upon certificate and return of fuch proof by fuch customer, comptroller or collector, or any of their deputies, or such two jurats or magiftrates as aforesaid, (who are hereby refpectively 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 difcharged. wares and merchandizes, thall be forthwith difcharged 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 refpectively; for every of which oath, certificate and order, no fee or reward whatsoever shall be demanded or taken.

Officer de

to forfeit 1ool.

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 fuch oath, order or certificate, to be admior certificate, nistered or made in pursuance of this act, every perfon fo offending shall forfeit the fum of one hundred pounds, one moiety thereof to his Majefty, 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 case treble costs fhall 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 house, lazaret, fhip or other place, for performance of quarentine in pursuance of this act, fhall defert from their duty when employed on the faid business of quarentine, or fhall knowingly and willingly permit or fuffer any person, ship, goods or merchandizes, to depart or be conveyed out of fuch house, lazaret, fhip or other place refpectively appointed for performance of quarentine, unless in fuch cafes, and by fuch licence, as are or fhall 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 aforesaid to give a certificate of a fhip's having duly tificate, to performed her quarentine or airing, fhall knowingly give a falfe fuffer death. certificate; then and in every of the faid cafes, every fuch offi

cer