39 and 40

c. 80, for

erecting a

hetney

any

afore-mentioned purposes, which they have enclosed, and erected buildings, both for the reception of goods and passengers, to lay their quarantine in, where the latter are comfortably accommodated, under the vigilance of guards, appointed to hinder one's too near approach to these recluses: such are the Lazarettos at Marseilles, Ve nice, &c. and the expences vary on these occasions, according to the difference of climes and accommodations.

All ships performing quarantine here do it at Stangate Creek, under such regula, tions as his Majesty in Council is pleased to appoint; and every merchant who had any goods from Italy, during the plague at Messina, was obliged to shew his documents, that is, the bills of lading, invoices, letters, or any other papers in which his goods were mentioned, to gentlemen in the secretary of the customs' office, appointed to examine them; and the merchandize, after lying the time ordered, was opened, aired, and underwent the appointed search, before it was permitted to be put into lighters, and brought to London, &c.

But the frequency of the plague in different parts of the Levant, making a revisal of those laws necessary, the act of 26 Geo. 2. c. 6. was passed, which, after being explained and amended by various subsequent acts, was finally repealed, together with the 39th and 40th Geo. 3. c. 80, and all other acts relating to quarantine, by the statute 45 Geo. 3. c. 10, which is intituled "An Act for making further provision for the effectual performance of quarantine," and the preamble of which sets out that: Recital of Whereas by an act, passed in the thirty-ninth and fortieth years of the reign of his Gen. 3. present Majesty, intituled, an Act for erecting a lazaret on Chetney. Hill, in the county of Kent, and for reducing into one act the laws relating to quarantine, and for lazaret on making further provisions therein, and by other acts antecedent thereto, provision was made as well for purchasing lands for erecting a lazaret as for defraying the expences of building the same, and for maintaining a proper establishment of officers necessary for enforcing a due performance of quarantine; in pursuance of which, lands were purchased at Chetney Hill, in the county of Kent, and progress was made in the erection of a lazaret there; but the funds granted by the said act of the thirty-ninth and fortieth years of his present Majesty having been found insufficient for completing the same, and for the payment of competent salaries to the officers who were to have the charge thereof, and other necessary expences attendant on the quarantine service, according to the plan which had been approved of and directed by his Majesty, by and with the advice of his Privy Council, a further sum was granted by an act of the last session of Parliament and whereas it is expedient that provision should be made for a due appli cation of the same;' be it therefore 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 it shall and may be lawful for the Lords Commissioners of his Majesty's Treasury, or any three or more of them, or the Lord High Treasurer for the time being, from and after the comall give mencement of this act, to give directions for completing the said lazaret, upon the directions said lands so purchased on Chetney Hill, in the county of Kent, with all necessary and pleting the convenient accommodations, for the purpose of performing quarantine, according to the lazaret, plan which has been approved of and directed by his Majesty, by and with the advice of point offi- his Privy Council; or to such other plan as his Majesty, by and with the advice of his cers, &c. Privy Council, may from time to time approve and direct; and for defraying the expences attending the same, to cause any part of the money so granted to be issued when it shall be necessary for the said service; and the said lazaret, when completed, and all the buildings and accommodations thereto belonging, shall be under the manage

Grant for

the same. [See 44

Geo. 3. c.

110, § 19,

30,0001.]

Treasury

for com

and ap

ment, order, and direction of such officers as shall be appointed by the Lords Commissioners of his Majesty's Treasury, or any three or more of them, or the Lord High Treasurer for the time being, for keeping the same fit and ready for the reception of persons and goods, and for their due performance of quarantine; and such officers respectively shall have such salaries as shall from time to time be appointed by his Majesty, by and with the advice of his Privy Council; and the salaries of the said officers, and all contingent expences, shall be defrayed out of the funds, and in the manner in which the charges and expences of performing quarantine are at present defrayed, until such time as a revenue shall be raised sufficient for those purposes, in the manner herein-after mentioned.

lazarets

may be

until the

II. Provided always, and be it enacted, that until the said lazaret shall be in a state Floating fit and proper to be used, it shall and may be lawful for the Lords Commissioners of his Majesty's Treasury to provide one or more floating lazarets, which shall be used for all the purposes for which the said Lazaret is intended by this act; and all the rules, regu- lazaret lations, and provisions in this act contained, shall be deemed and taken, for all intents shall be and purposes, to be applicable to such floating lazaret or lazarets, until the lazaret completed. on shore shall, by his Majesty, his heirs or successors, by and with the advice of his or their Privy Council, and by order of the same, notified by proclamation, or published in the London Gazette, have been declared to be fit for the due performance of

tine therein.

quaran

payable by

III. And whereas it is reasonable that the owners of ships, vessels, and cargoes, Certain duwhich in future shall have to perform quarantine, should defray the charges incurred ties made thereby; be it further enacted, that there shall be raised, levied, collected, and paid to owners of his Majesty, his heirs and successors, the several and respective duties of customs herein- vessels performing after mentioned; that is to say,

quarantice.

For every ton burthen of every ship or vessel, which ship or vessel, or the cargo of Duties.. which or any part whereof shall have performed quarantine in any port or place in Great Britain, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, and which shall have arrived from any part of Turkey, or from any port or place in Africa, within the Streights of Gibraltar, or in the West Barbary on the Atlantic Ocean, with a clean bill of health, seven shillings and six-pence :

For every ton burthen of every such ship or vessel, which shall have so arrived without a clean bill of health, fifteen shillings:

For every ton burthen of every such ship or vessel, which ship or vessel, or the cargo of which or any part whereof shall have performed quarantine in any port or place in Great Britain, or the islands aforesaid, and which shall have arrived from any port or place whatever, (except from any part of Turkey, or from any port or place in Africa, within the Streights of Gibraltar, or in the West Barbary on the Atlantic Ocean) with a clean bill of health, three shillings:

For every ton burthen of every such ship or vessel which shall have so arrived without a clean bill of health, ten shillings:

For every ton burthen of every such ship or vessel arriving in any port or place in Great Britain, or the islands aforesaid, with a cargo which in whole or in part shall consist of goods, wares, or merchandize, the growth, produce, or manufacture of Turkey, or of any port or place in Africa, within the Streights of Gibraltar, or in the West Barbary on the Atlantic Ocean, and which ship or vessel, or the cargo of which or any part whereof shall have performed quarantine in any port or place in Great Britain, or the islands aforesaid, and which shall have arrived from any port or place whatever, seven shillings and six-pence:

For every ton burthen of every ship or vessel which shall have so arrived under such [Sec. § 12.] circumstances as shall induce his Majesty, by and with the advice of his Privy Council,

Duties

shall be

customs.

duties.

or the Lords or others of the Privy Council, or any three or more of them, under the authority herein-after given, to subject such ship or vessel to the like quarantine as ships arriving from Turkey with clean bills of health, seven shillings and six-pence :

For every ton burthen of every ship or vessel which shall have so arrived under such circumstances as shall induce his Majesty, by and with the advice aforesaid, or the Lords or others of the Privy Council, or any three or more of them as aforesaid, to subject such ship or vessel to the like quarantine as ships arriving from Turkey without clean bills of health, fifteen shillings.

For every ton burthen of every ship or vessel, which ship or vessel, or the cargo of which or of any part whereof shall have performed quarantine in any port or place in Great Britain, or the islands aforesaid, and which ship or vessel shall enter inwards in the port of London, an additional duty of one shilling:

All which several and respective duties shall be raised, levied, collected, and paid, recovered and shall be sued for, recovered, and accounted for in the same manner, and subject to as duties of the same rules, regulations, penalties, and forfeitures, as any duties of customs are now Exemp- subject to by law, as far as the same are applicable thereto: Provided always that no tions from ship or vessel of war, or transport or other ship or vessel employed in the service of his Majesty's Government, nor any ship or vesselwhich shall not be bound to any port or place in Great Britain, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, and which shall have really put into any port or place in Great Britain, or the islands aforesaid, in distress; nor any ship or vessel which shall have been obliged to perform quarantine only by reason of having certain goods, wares, and merchandize on board, and not producing the proper declaration or document as to their growth, produce, or manufacture; nor any ship or vessel arriving in any port or place in Great Britain, or the islands aforesaid, with a clean bill of health, from any port or place whatever, except from any part of Turkey, or from any port or place in Africa, within the Streights of Gibraltar, or in the West Barbary on the Atlantic Ocean, in ballast, or whose cargo shall consist wholly of salt; nor any ship or vessel which shall, together with its cargo, have duly performed quarantine in the lazarets of Malta, Ancona, Venice, Messina, Leghorn, or one of them, and shall sail from thence, and arrive at any port or place in Great Britain, or the islands aforesaid, with proper documents and vouchers attesting the same, to the satisfaction of his Majesty, his heirs, or successors, or of his or their Privy Council, shall be liable to or charged with any duty under this act.

Duties may be reduc

IV. Provided always, and be it further enacted, that if after making good (in the ed, and af. manner herein-after mentioned) to the consolidated fund of Great Britain, of the sums terwards of sixty-five thousand pounds, granted by the act of the thirty-ninth and fortieth

increased.

years

of his present Majesty, and of thirty thousand pounds, granted by an act of the last session of Parliament, or of so much thereof as shall be found necessary to issue for the services aforesaid, it shall appear to the Lord High Treasurer, or the Lords Commissioners of his Majesty's Treasury for the time being, that the duties hereby granted are more than sufficient to defray the charges and expences already incurred, and also such further expences as may be necessary for carrying the several purposes of this act into execution, it shall and may be lawful for the said Lord High Treasurer, or Lords Commissioners for the time being, from time to time, by any warrant or warrants under the hands of the said Lord High Treasurer, or of the said Lords Commissioners for the time being, or of any three or more of the said Lords Commissioners, to order and direct, that the duties hereby granted shall be reduced in such proportion and manner as they shall think proper, and also by like warrant or warrants (in case the said necessary expences shall afterwards require an increase of the said duties) to order and direct that the same shall be again raised and increased to any amount not exceeding the sums which have been before granted by Parliament as aforesaid; and such warrant or war

rants shall be sufficient authority to the commissioners and officers of the customs, for raising, levying, collecting, and recovering the several and respective duties specified and contained in such warrant or warrants; any law or usage to the contrary notwithstanding.

mitted to.

wards until the du

paid.

V. And be it further enacted, that no ship or vessel, upon which the tonnage duty Ships shall by this act imposed shall be due and payable, shall be permitted to be cleared inwards not be perin any port of Great Britain, or the islands of Guernsey, Jersey, Alderney, Sark, or clear inMan, unless the said tonnage duty shall have been first duly paid to the proper officers we of the customs appointed to receive the same, or the commissioners of the customs shall ties are otherwise direct; and that the tonnage of every ship or vessel shall be computed and Tonnage taken, for the purpose of ascertaining the said duties, according to the register thereof, shall be under the provisions of an act, passed in the twenty-sixth year of his present Majesty's computed reign, intituled, an act for the further increase and encouragement of shipping and na- 26 Geo. 3. vigation; and in case of any dispute or doubt relative thereto, the same shall be ascer- cap. 60. tained by admeasurement, in the mode and manner prescribed in the said last-mentioned

act.

as under

cover du

VI. And be it further enacted, that it shall and may be lawful for the owner or own- ship owners of any ship or vessel, in respect of which any of the duties imposed by this act shall ers shall re have been paid, to demand and recover from the respective importers, proprietors, or ties of the consignees of any goods or merchandize brought or imported in any such ship or vessel, importers. such sum or sums of money as shall be equal to the just and reasonable contribution which the proportion of tonnage that such goods and merchandize bear to the tonnage burthen of the ship shall require, and no more; such proportion of tonnage to be ascertained according to the usage of merchants in like cases.

shall be

ed fund of

VII. And be it further enacted, that the monies arising from the duties hereby granted Duties shall be paid into the receipt of his Majesty's Exchequer, and carried to and made part carried to of the consolidated fund of Great Britain; and that in the office of the auditor of the consolidatreceipt of his Majesty's Exchequer there shall be provided and kept a book or books, in Great Bri which all the monies arising from the said duties and paid into the said receipt shall be tain. entered separate and apart from all other monies paid or payable to his Majesty, his heirs or successors, upon any account whatsoever.

shall be ap

of the la

VIII. And be it further enacted, that the money so raised, levied, collected, and Duties paid, shall be applied in the first place to defray the annual expences of the said floating plied to lazaret, and land lazaret, and all other annual expences which shall be incurred in the expences execution of this act; and in the next place to make good any money that shall have been issued for purchasing the lands on Chetney Hill, and for the erecting of the said lazaret, and for providing the necessary and convenient accommodations thereto belonging, in manner herein-before mentioned, and to no other purpose whatsoever.

zaret,

Geo. 3. c..

other acts

tine, ex

cept as to.

IX. And whereas it is expedient that the said herein-before recited act, passed in. Repeal of the thirty-ninth and fortieth years of the reign of his present Majesty, and every other 39 and 40. act or acts heretofore passed concerning quarantine, together with such further provi- 80, and all sions as are found to be necessary to be made in respect thereof, should be reduced into relating to one act;' be it therefore enacted, that the said act so passed in the thirty-ninth and quaran fortieth years of the reign of his said present Majesty, as aforesaid, be repealed; and that every other act or acts heretofore passed, in so far as the same do or may be deemed areas of or construed to relate to the performance of quarantine, shall be and the same are hereby duty, &c. repealed; save and except so much of the said act passed in the thirty-ninth and fortieth. years of the reign of his present Majesty as relates to the repeal of former acts, and to the payment and recovering of any duties imposed by the said act, which shall be duel and unpaid at the time of passing this act, and also save and except as to any offence or offences done or committed before the passing of this act, by any person or persons,

Whatships, &c. shall be

against any law concerning quarantine; and as to any fine, penalty, forfeiture, or punishment, fines, penalties, forfeitures, or punishments, to which any such person or persons may be liable by reason of the same; and also 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.

X. And be it further enacted, that all ships and vessels, as well his Majesty's liable to ships of war as all others, coming from or having touched at any place from whence quarantine. 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 any other infectious disease or distemper, highly dangerous to the health of his Majesty's subjects, may be brought; and all ships, vessels, and boats receiving any person, goods, wares, and merchandize, packets, packages, baggage, wearing apparel, books, letters, or any other articles whatever, from or out of any ships or vessels so coming from or having touched at such infected place as aforesaid, whether such persons, goods, wares and merchandize, packets, packages, baggage, wearing apparel, books, letters, or other articles, shall have come or been brought in such ships or vessels, or such persons shall have gone, or articles have been put on board the same, either before or after the arrival of such ships or vessels at any port or place in Great Britain, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, and whether such ships or vessels were or were not bound to any port or place in Great Britain, or the islands aforesaid; and all persons, goods, wares, and merchandize, packets, packages, baggage, wearing apparel, books, letters, or any other articles whatever, on board of any such ships or vessels so coming from or having touched at such infected place as aforesaid, or on board of any such receiving ships, 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 or 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 ships or vessels from such infected place as aforesaid, or from the time when such persons, goods, wares, merchandize, packets, packages, baggage, wearing apparel, books, letters, or other articles, shall have been received on board respectively; and all such ships, vessels, and boats as aforesaid, and all persons, (as well pilots as others,) goods, wares, and merchandize, and other articles as aforesaid, whether coming or brought in such ships, vessels, or boats, from such infected place as afore said, or going, or being put on board the same, either before or after the arrival of such ships, vessels, or boats, at any port or place in Great Britain, or the islands aforesaid; and all persons, goods, wares, and merchandizes, and other articles as aforesaid, on board any such receiving ship, 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 ships, vessels, and boats, persons, goods, wares, and merchandize, and other articles as aforesaid, shall have respectively performed and shall be duly discharged from such quarantine, no such person, goods, wares, or merchandize, or other article as aforesaid, or any of them, shall either before or after the arrival of such ships, vessels, or boats, at any port or place in Great Britain or the islands aforesaid, come or be brought on shore,. or go and be put on board any other ship, vessel, or boat, in order to come or be brought on shore, in any such port or place, although such ships or vessels so coming from such infected place as aforesaid may not be bound to any port or place in Great Britain, or the islands aforesaid, unless in such manner and in such cases, and by such