tendent of quarantine, or his assistant at the quarantine station, or before any justice of the peace living near to the port or place, or when such quarantine shall have been performed within any of the said isles of Guernsey, Jersey, Alderney, Sark, or Man, before any two jurats or magistrates of any of the said isles respectively, that such vessel, and all and every such person and persons respectively, have duly performed quarantine as aforesaid, and that the vessel and all and every person and persons are free from infection, and after producing a certificate to that purpose, signed by the chief officer who superintended the quarantine of the said vessel, or person acting for him, then and in the said respective cases such collector or principal officer of the customs, or the superintendent of quarantine, or his assistant, or such justice of the peace, or such jurats or magistrates as aforesaid, respectively are hereby required to give a certificate thereof, and thereupon such vessel, and all and every such person or persons so having performed quarantine, shall be liable to no further restraint or detention upon the same account, for which such vessel, person or persons, shall have performed quarantine as aforesaid, quarantine 24. And be it further enacted, that all goods, wares, and Goods liable merchandize, and other articles liable to quarantine as aforesaid, to perform shall be opened and aired in such place or places, and for such shall be opened time and in such manner as shall be directed by his Majesty, his and aired, as directed by heirs and successors, by such order or orders to be made as order in counaforesaid, and after such orders shall have been duly complied eil, and proof with, proof thereof shall be made by the oaths of the master of thereof to be the lazaret or vessel in which the goods, wares, and merchandize made, &c. and all other articles shall have been opened and aired, and of one of the guardians, or if there be no guardians, then one of the officers authorized by the commissioners of customs to act in the service of quarantine in such lazaret or vessel, or if there be no such officer, then by the oaths of two or more credible witnesses serving in the said lazaret or vessel, before the superintendent of quarantine or his assistant, in case such opening and airing shall be had at a port or place where such superintendent or assistant shall be established, or otherwise before the principal officer of the customs authorized to act in the service of quarantine at such port or place, which oath such superintendent, assistant, or principal officer is hereby authorized to administer; and such superintendent, assistant, or principal officer, as the case may be, shall grant a certificate of such proof having been made, and upon production of such certificate to the proper officer of the customs, such goods, wares, and merchandizes, and other articles, shall be liable to no further restraint or detention, either at the port or place where such quarantine shall have been performed, or at any other place whereto they be afterwards conveyed. 25. And be it further enacted, that if any person shall Persons forgknowingly or wilfully forge or counterfeit, interline, erase, or ing or uttering false ceralter, or procure to be forged or counterfeited, interlined, erased, tificates re quired by order or altered, any certificate directed or required to be granted by any order of his Majesty, his heirs or successors in council, now guilty of felony. in force or hereafter to be made touching quarantine, or shall in council, Penalty on ing goods, &c. from vessels liable to perform quaran tine, or receiv ing them, or secreting them publish any such forged or conterfeited, interlined, erased, or altered certificate, knowing the same to be forged or counterfeited, interlined, erased, or altered, or shall knowingly and wilfully utter and publish any such certificate with intent to obtain the effect of a true certificate to be given thereto, knowing the contents of such certificate to be false, he or she shall be guilty of felony. other 26. And be it further enacted, that if any person shall persons land- land or unship, or shall move in order to the landing or unshipping thereof, any goods, wares, or merchandize, packets, packages, baggage, wearing apparel, books, letters, or articles from on board any vessel liable to perform quarantine as aforesaid, or shall knowingly receive the same after they have been so landed or unshipped, every such person shall forfeit and pay the sum of five hundred pounds; and if any person or persons shall clandestinely convey or secrete, or conceal for the purpose of conveying any letters, goods, wares, or merchandize, or other articles as aforesaid, from any vessel actually performing quarantine, or from the lazaret or other place where such goods, wares, merchandize, or other articles as aforesaid shall be performing quarantine, every such person so offending as last aforesaid shall forfeit the sum of one hundred pounds. from vessels performing quarantine, 1001. His Majesty may prohibit vessels under 100 tons from sailing until bond be given by the master with certain conditious. 27. And be it further enacted, that in case it shall at any time happen that any part of the United Kingdom, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, or France, Spain, or Portugal, or the Low Countries, shall be infected with the plague, or any other infectious disease or distemper as aforesaid, it shall and may be lawful to and for his Majesty, his heirs and successors, by his or their proclamation, to prohibit or restrain all vessels and boats under the burthen of one hundred tons from sailing or passing out of any port or place of the United Kingdom, or the isles of Guernsey, Jersey, Alderney, Sark, or Man, or any of them, until security be first given by the master of every such vessel or boat respectively, to the satisfaction of the principal officers of the customs, or the chief magistrate of the port or place from whence such vessel or boat shall sail, by bond taken by such officer or magistrate, to the King, his heirs or successors, with sufficient sureties in the penalty of two hundred pounds, with condition, that if such vessel or boat shall not go to or touch at any country, port, or place to be mentioned for that purpose in such proclamation, and if neither the master or other person having charge of such vessel or boat, nor any mariner or passenger in such vessel or boat, shall, during the time aforesaid, go on board any other vessel at sea, and such master or other person having charge of such vessel or boat shall not permit or suffer any person or persons to come on board such vessel or boat at sea from any other vessel, and shall not during the time aforesaid receive any goods or merchandize whatsoever out of any other vessel, then such bond shall be void; for the making of which bond no fee or reward whatsoever shall be taken; and in case any vessel or boat for which Penalty for such security shall be required by such proclamation shall set sailing with. out giving sail or pass out of any port or place of the United Kingdom, or such security, the islands of Guernsey, Jersey, Alderney, Sark, or Man, or forfeiture of any of them respectively, before security be given as aforesaid, vessel, &c. every such vessel or boat so sailing or passing out of any port or place contrary to the true intent and meaning of this Act, together with her tackle, apparel, and furniture, shall be forfeited to his Majesty, his heirs and successors, and the master of and every mariner sailing in such vessel or boat shall severally forfeit and pay the sum of two hundred pounds. 28. And be it further enacted, that the consuls and vice- Power to con are administer consuls of his Majesty, his heirs and successors, shall and suls, &c. to hereby empowered to administer oaths in all cases respecting oaths. quarantine, in like manner as if they were magistrates of the several towns or places where they respectively reside. examinations falsely or pro 29. And be it further enacted, that in all cases wherein Persons authoby virtue of this Act, or any other Act hereafter to be made rized to take touching quarantine, any examination or answer shall be taken may administer or made upon oath, the person who shall be authorized and oaths, and perrequired to take such examinations and answers shall and may sons swearing be deemed to have full power and authority to administer such curing others oaths; and if any person who shall be interrogated or examined so to do shall shall wilfully swear falsely to any matter concerning which such be deemed person shall depose or make oath on such examination, or in guilty of persuch answer, or if any person shall procure any other person 80 to do, he or she so swearing falsely, or procuring any other person so to do, shall be deemed to have been guilty of and shall be liable to be prosecuted for perjury or subornation of perjury, as the case may be, and shall suffer the pains, penalties, and punishments of the law in such case respectively made and provided. jury. 30. And be it further enacted, that all superintendents of Superintenquarantine at the several ports, and their assistants, shall and dents at ports to be appointed. may be appointed by any instrument signed by the commissioners of customs for the time being; and everything required Principal offito be done and performed by the superintendent of quarantine, cer of the cusor his assistant, may, in case of the absence or sickness of such superintendent superintendent or assistant, be done and performed by such of quarantine principal officer of the customs as shall be authorized to act in in case of that behalf. toms to act as absence, &c. the London 31. And be it further enacted, that the publication in the Publication in London Gazette of any order in council, or of any order by any Gazette of ortwo or more of the Lords or others of his Majesty's privy council, ders of council, made in pursuance of this Act, or his Majesty's royal proclamation &c. sufficient 21936. E notice. made in pursuance of the same, shall be deemed and taken to be sufficient notice to all persons concerned of all matters therein respectively contained. Recovery and 32. And be it further enacted, that all forfeitures and penalapplication of ties that shall be incurred by reason of any offence committed penalties. against this Act shall and may be recovered by suit in any of his Majesty's courts of record in England or Ireland, in which no essoign or wager of law, or more than one imparlance, shall be granted, or in Scotland by summary action in the court of session, or by prosecution before the court of justiciary there, or by suit in any of his Majesty's courts in the islands of Guernsey, Jersey, Alderney, Sark, or Man; and every such forfeiture and penalty shall belong and be given, two thirds to the person who shall inform and sue for the same, and the remainder to his Majesty, his heirs and successors. In whose name actions for penalties in England, Ireland, or Scotland must be prosecuted. In prosecutions by officers of the customs the attorney or advocate in 33. Provided always, and be it further enacted, that it shall not be lawful for any person or persons whatsoever to commence, prosecute, enter, or file, or cause or procure to be commenced, prosecuted, entered, or filed, any action, bill, plaint, information, or prosecution, or actions, bills, plaints, informations, or prosecutions, in any of his Majesty's courts in England, Ireland, or Scotland, or any proceeding or proceedings before any justice of the peace of any county, riding, division, city, town, stewartry, or place for the recovery of any fine, penalty, or forfeiture, fines, penalties, or forfeitures, incurred by reason of any offence committed against this Act, or against any order or orders made by his Majesty, his heirs or successors, in council, or by two or more of the lords or others of his Majesty's privy council as aforesaid, unless the same be commenced, prosecuted, entered, or filed in the names of his Majesty's attorney general in England or Ireland, or advocate in Scotland respectively, or under the direction of the commissioners of the customs, and in the name or name of some officer or officers of the customs in England, Ireland, or Scotland respectively; and if any action, bill, plaint, information, or prosecution, actions, bills, plaints, informations, or prosecutions, or any proceeding or proceedings before any justice as aforesaid, shall be commenced, prosecuted, entered, and filed in the name or names of any other person or persons than is in that behalf before mentioned, the same shall be and are hereby declared to be null and void. 34. Provided also, and be it further enacted, that in case any prosecution, suit, complaint, or other proceeding as aforesaid, shall be commenced or depending by any officer or officers general in Eng- of the customs for the recovery of any fine, penalty, or forland or Ireland, feiture, fines, penalties, or forfeitures, incurred by reason of any Scotland, may offence committed against this Act, or against any order or stop proceed- orders made by his Majesty, his heirs or successors, in council, ings. or by any two or more of the lords or others or his Majesty's privy council as aforesaid, it shall and may be lawful for his Majesty's attorney general in England or Ireland, or advocate in Scotland, respectively, to stop all further proceedings therein, as well with respect to the share of such fine, penalty, or forfeiture, fines, penalties, or forfeitures, to which any such officer or officers shall or may claim to be entitled, as to the share thereof, belonging to his Majesty, if upon consideration of the circumstances under which any such fine, penalty, or forfeiture, fines, penalties, or forfeitures, may be incurred, it shall appear to them respectively to be fit and proper so to do. and offences may be deter or imprison. 35. And be it further enacted, that all offences committed Offences not against any of the provisions of this Act, for which no specific being felony, penalty, forfeiture, or punishment is provided by this Act, shall for which no and may be tried, heard, and determined before any three justices specific penalty of the peace of the county, riding, division, city, or place where is provided, such offence or disobedience shall happen; and if any person mined before shall be convicted of any such offence or disobedience, he or she three justices, shall be liable to such forfeiture and penalty not exceeding the who may fine sum of five hundred pounds for any offence, or to such imprisonment, not exceeding twelve months for any one offence, as shall · in the discretion of the three justices who shall have heard and determined the same, be judged proper; and such forfeiture and Application of penalty shall be paid, two thirds to the person suing for the penalties. same and the remainder to his Majesty, to be applied as the proceeds of other forfeitures and penalties are herein-before directed to be applied. the charge of as relates to which they been directed ceived as evi 36. And be it further enacted, that in any prosecution, Answers of suit, or other proceedings against any person or persons what-persons having soever, for any offence against this Act, or any Act which may vessels shall hereafter be passed concerning quarantine, or for any breach or be received as disobedience of any order or orders which shall be made by his evidence so far Majesty, his heirs or successors, with the advice of his privy the places from council, concerning quarantine, and the prevention of infection, which vessels and notified or published as aforesaid, or of any order or orders came, or at made by two or more of the lords or others of the privy council touched, and aforesaid, the answer or answers of the commander, master, or the having other person having charge of any vessel, to any question or to perform interrogatories put to him by virtue and in pursuance of this quarantine Act, or of any Act which may hereafter be passed concerning shall be requarantine, or of any such order or orders as aforesaid, may and dence that vesshall be given and received as evidence, so far as the same relates sels were liable, or relate to the place from which such vessel shall come, or to unless proof the place or places at which such vessel touched in the course of be made to the the voyage, and where any vessel shall have been directed to the performing perform quarantine by the superintendent of quarantine or his quarantine shall be proof assistant, or where there is no euch superintendent or assistant, by of vessels being the principal officer of the customs at any port or place, or other liable to perofficer of the customs authorized to act in that behalf, they form it. having been so directed to perform quarantine, may and shall be given and received as evidence that such vessel was liable to quarantine, unless satisfactory proof shall be produced by the defendant in any such prosecution, suit, or other proceeding to contrary, and |