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§ 29. Provides, that nothing in this act contained shall extend 55 G. 3. c. 194 to prejudice, or in anywise to interfere with any of the rights, Saving rights. privileges, &c. of the two universities of Oxford or Cambridge, the royal college of physicians, the royal college of surgeons, or the said society of apothecaries except such as shall or may have been altered, or amended by this act, or of any person practising as an apothecary previously to the 1st day of August, 1815.

§ 30. Provides, that no action or suit shall be brought or pro- Limitation of secuted against any person, bodies politic, corporate, or collegiate, actions. for any thing done in pursuance of this act, after six calendar months next after the fact committed; or in case there shall be a continuation of damages, then after six calendar months next after such damage shall have ceased; and every such action shall be laid and brought in the county where the matter in dispute shall arise; and the defendant recovering shall have double costs.

Pickpockets. See Larceny, ante, p. 217.
Pigeons. See Came.

Pillory and Tumbrel.

[56 Geo. 3. c. 138.]

PILLORY (in Latin, collistrigium, from the person's neck Pillory, what being put between two boards) is a very ancient punish

ment in this kingdom, and was used heretofore by the Saxons.

3 Inst. 219.

The tumbrel seemeth to have been anciently the same with the Tumbrel, what. ducking stool; an engine for the punishment of scolding women, by ducking them over head and ears in water, and especially in muddy or stinking water, according to the etymology of Ld. Coke, who tells us that the word tumbrel signifieth a dung cart. Lamb.61. 3 Inst. 219.

Every one that hath a leet or market ought to have a pillory Who shall find and tumbrel to punish offenders; and it seems that a leet may be them. forfeited for not taking care to have a pillory and tumbrel. 3 Inst. 219. 2 Haw. c. 11. 5.

They that have been adjudged to the pillory or tumbrel are so Infamy of the infamous, that they shall not be received to be jurors or witnesses. punishment. 3 Inst. 219.

awarded for

By statute 56 Geo. 3. c. 138. after reciting that whereas the pu- 56 G. 5. c. 158. nishment of the pillory has in many cases been found inexpe- 2 July, 1816. dient, and not fully to answer the purpose for which it was in- Judgment of tended; it is therefore enacted, "that from and after the passing of pillory to be this act judgment shall not be given and awarded against any certain offences person or persons convicted of any offence, that such person or only. persons do stand in or upon the pillory, except for the offences hereinafter mentioned; any law, statute, or usage to the contrary notwithstanding: provided that all laws now in force whereby any

56 G. 3. c. 138. person is subject to punishment for the taking any false oath, or for committing any manner of wilful and corrupt perjury, or for the procuring or suborning any other person so to do, or for wilfully, falsely, and corruptly affirming or declaring, or procuring or suborning any other person so to affirm and declare, in any matter or thing, which if the same had been deposed in the usual form would have amounted to wilful and corrupt perjury, shall continue and be in full force and effect; and that all persons guilty of any of the said several offences shall incur and suffer the same punishment, penalties, and forfeitures as such persons were subject to by the laws and statutes of this realm, or any of them, before the passing of this act and as if this act had not been made."

Court may fine or imprison offenders.

Not to change any punishment

for offences, except the pillory.

§ 2. Enacts, "that in all cases where the punishment of the pillory has hitherto formed the whole or a part of the judgment to be pronounced, it shall and may be lawful for the court before whom such offence is tried, to pass such sentence of fine or imprisonment, or of both, in lieu of the sentence of pillory, as to the said court shall seem most proper: provided that nothing herein contained shall extend or be construed to extend in any manner to change, alter, or affect, any punishment whatsoever which may now be by law inflicted in respect of any offence, except only the punishment of pillory, in manner as herein above is enacted."

161.

1 Russ. 149.

Plague, and Quarantine.

[45 Geo. 3. c. 10.-46 Geo. 3. c. 98.

- 50 Geo. 3. c. 20.51 Geo. 3. c. 46.]

4 Blac. Com. THE performance of quarantine, or forty days' probation when ships arrive from countries infected with contagious disorders, is of the highest importance, as it affects the public health of the nation, and has been enforced from time to time by various legislative enactments. The 45 Geo. 3. c. 10. is the principal statute upon the subject now in existence, the ninth section of which repeals all other acts relating to quarantine, excepting as to arrears of duty, and as to offences then committed against them. By § 1.& 2. 45 G. 3. c. 10. of the 45 Geo. 3. c. 10. certain regulations are enacted with respect to the building of a lazaret on Chetney-hill in Kent, and providing floating lazarets till the other lazaret be completed; by § 3. certain duties are made payable by the owners of ships, vessels, and cargoes performing quarantine; [but by 46 Geo. 3. c. 98. § 4. ships liable to quarantine solely by involuntary communication are exempt from these duties;] by § 2. a power is given to the lords commissioners of the treasury to reduce or increase these duties under certain circumstances; § 6. 7. & 8. relate to the payment and application of the duties.

Of vessels

By 45 Geo. 3. c. 10. § 10. All vessels coming from or having coming from in- touched at any place whence his majesty may have declared it

or

probable that the plague or any other infectious dangerous disease 45 G. 3. c. 10. may come; and all vessels and boats receiving any persons or fected places, merchandises or other articles from such vessels, whether such and persons persons, &c. shall have come in such vessels, or shall have gone communicating with them. been put on board such vessels, either before or after their arrival at any place in Great Britain, or the islands of Guernsey, Jersey, Sark, or Man, and all such persons, &c. shall be liable to quarantine, and any orders in council made concerning it, and all such vessels, boats, persons, &c. shall upon their arrival perform quarantine as directed by any order in council notified by proclamation or published in the London Gazette, and until they have duly performed and been discharged from such quarantine, they shall not any of them come or be brought on shore, or be put on board any other vessel for shore, in any manner, except by licence as directed in such order: And all such vessels, &c. being liable to quarantine, shall be subject to this act or any order in council concerning quarantine.

By 11. All such goods and merchandise as shall be particularly specified in any order in council concerning quarantine which shall be brought into any place in Great Britain or the islands aforesaid, from any foreign place, and the vessels in which they shall be brought, and all vessels arriving from any place under any suspicious circumstances as to infection, shall be subject to any order in council respecting the same.

By f 12. Power is given to the privy council or any three of them, to make such order as to them shall seem proper in cases of emergency, or in any particular case with respect to ships arriving under any suspicious circumstances, though they have not come from any infected place; and also in case of any infectious disease appearing in Great Britain or the said islands, to give such directions to cut off all communication between infected persons and others, as shall appear expedient; and also to shorten or mitigate quarantine in particular cases.

By 13. Regulations are enacted in cases where the distemper appears in any vessel within the streights of Gibraltar; and it enacts that in cases where the vessel is without the streights, it shall (unless the land lazaret be declared fit for quarantine) immediately proceed to the harbour of St. Helen's, (Scilly islands) or to any other by his majesty in council, by order notified by proclamation or published in the London Gazette, directed; on its arrival the person having the charge thereof shall make his case known to some officer of the customs there, who shall immediately acquaint the governor, deputy governor, or other principal magistrate, and also the principal officer of the customs at some port in England near thereto, which said officer shall send intelligence thereof to the commissioners of the customs in the port of London, and the governor, &c. shall also send intelligence to the privy council, and the vessel shall remain there till directions be given by the council or any three of them; if the vessel cannot make the said islands of Scilly, &c. or shall be forced by stress of weather to go up channel, it shall not enter any port or place *in Great Britain, &c. but shall remain in some open road, till the person in the charge thereof receives directions from the privy council or any three of them as aforesaid, and there shall be no intercourse till such directions are received between such vessel

Goods and vessels subject to council.

the order in

How notice of the ship's arrival is to be given.

45 G. 3. c. 10. and others, and the master, commander, or any other person on board, who shall disobey such directions, received on board such vessel, or the regulations of this act, shall be guilty of felony without benefit of clergy.

Of the quarantine signals.

45 G. 3. c. 98.

45 G. 3. c. 10. Penalty on masters of vessels not liable to perform quarantine hoisting such signals.

Of the pilot.

46 G. 3. c. 98.

45 G. 3. c. 10.

How inquiry

shall be made

to its state, &c.

By § 14. The person having the charge of any vessel liable to quarantine, who shall meet with any other vessel at sea, or within four leagues of Great Britain or Ireland, or the islands of Guernsey, &c. shall hoist a signal to denote that his vessel is so liable; if the ship have a clean bill of health, the signal shall be a yellow flag at the main-top mast head; if not a clean bill, then a yellow flag with a circular black ball in the middle thereof: In the night in both cases the signal shall be a large signal lanthorn, these signals respectively to be continued whilst within sight of such other vessel, or within four leagues of the said coasts or islands, until legally discharged from quarantine, whilst so in sight or within such distance; and in default thereof the person having the charge thereof to forfeit for each offence 2001.

By 46 Geo. 3. c. 98. § 1. If the ship or vessel have on board the plague or other infectious disease or distemper, the day signal shall be a flag of yellow and black, and the night signal two large signal lanthorns, one over the other, at the same mast-head.

15. If any person, having the charge of any vessel, and knowing it to be not liable to quarantine, shall hoist either of such signals, he shall forfeit 2007.

By § 16. Every person having the charge of any vessel coming from foreign parts, shall give to the pilot going on board such vessel a written account of the names of the place and country at which such vessel shall have loaded, and at which it shall have touched on the homeward voyage, on pain of forfeiting 2001. for any neglect or refusal to give such paper, or for any false representation or wilful omission therein: and if by any proclamation or order in council made after the departure of such vessel from Great Britain and then in force, vessels coming from any place mentioned in such paper be liable to quarantine, such pilot shall immediately give notice thereof to the person so having charge, on pain of forfeiting 50l. and the proper signal shall be thereupon immediately hoisted.

By 46 Geo. 3. c. 98. § 2. The master or commander of the vessel shall, in addition, deliver to the pilot, who shall go on board, an account of the cargo, on penalty of 2007.; and the pilot shail give notice to the master or commander, if any articles be on board liable to quarantine, on penalty of 100.

By § 17. If any pilot shall conduct any vessel liable to quaran tine into any place not appointed for the reception of such vessels, after receiving such paper whereby it shall appear the vessel was so liable, or without requiring and receiving such paper, unless compelled by stress of weather, or accidents of the sea, he shail forfeit 100%.

And by 18. That it may be better known whether any vessel be actually infected with the plague or other infectious distemper, of the vessel as or whether the mariners or passengers, or cargo, are liable to que rantine, it is enacted that when any country shall be known a suspected to be infected, or when any order in council shall be made concerning quarantine, then as often as any vessel shail attempt to enter in any place in Great Britain or the isles, &c. the

superintendant of quarantine or his assistant, or, if there be no 45 G. 3. c. 10. such, the principal officer of the customs, or such officer of the customs as shall be thereto authorised at that place by the commissioners of the customs or any four of them, shall go off to such vessel, and shall at a convenient distance therefrom demand of the person having charge of such vessel, who shall upon such demand give a true answer in writing or otherwise, and upon oath or not upon oath according as he shall be required, to all such questions as shall be put to him in pursuance of such directions as by his majesty in council shall be prescribed, and upon refusal so to do, or upon giving a false answer, he shall forfeit for each offence

2001.

By 46 G. 3. c. 98. § 3. If any pilot being on board, or any com- 45 G. 3. c.98. mander, &c. of a ship, &c. coming from foreign parts, whether liable to quarantine or not, shall refuse, when required by a quarantine officer, to bring to, for the purpose of interrogation, such pilot or commander, &c. shall forfeit 100.

where

war,

45 G. 3. c. 10.

Vessels liable to perform quarantine compellable to go to places

By f 19. If it shall appear that any such vessel is liable to quarantine, and that the port where it so arrives is not the port it ought to perform quarantine, the officers of any ships of or forts, or garrisons, or other officers whom it may concern, shall upon notice compel such vessel to go to the appointed place; and appointed. the master of every such vessel, coming from any place visited Coming from with the plague, or having any infected person on board and places visited knowing the same, shall conceal the same, or shall wilfully omit with the plague, hoisting the quarantine signal, shall be guilty of felony without and concealing benefit of clergy.

By § 20. Every person having charge of any vessel which shall be ordered to perform quarantine shall immediately after his arrival at the place of quarantine deliver on demand to the superintendant of quarantine or his assistant, or other officer authorised as aforesaid, who is also hereby required to make such demand, his bill of health and manifest, together with his log-book and journal, under pain of forfeiting 100. if he shall wilfully refuse and neglect so to do.

the same. or

persons in

fected.

Masters quitting such vessels, or permitting

others to quit, to forfeit 5001.

By § 21. If the master of any vessel liable to perform quarantine shall himself quit or knowingly permit any seaman or passenger to quit such vessel before such quarantine shall be performed, unless by a proper licence, or shall not within a convenient time after notice cause such vessel and lading to be conveyed into the place appointed for quarantine, he shall forfeit 500l.; and if any Persons quitperson or any pilot going on board the same shall so quit such ting such vessels ship contrary to the true meaning of this act, any person what- compellable to soever, by any necessary force may compel such person to return forfeit 2001. on board, who shall for every offence be imprisoned for six months, and shall also forfeit 2001.

return, and to

By 22. Where any vessel, which has performed quarantine in Vessels having any foreign lazaret, shall arrive with a clean bill of health, no performed qua goods shall be landed, or moved in order to be landed, but the rantine in focommander shall upon his arrival give notice thereof, and of the reign parts, not contents of his schedule or mani est, and of the foreign port where he performed quarantine, to the principal officer of the customs where he shall arrive, or the port nearest thereto, in order that the same may be laid before the privy council; and if any such commander shall unload or move in order to land any such

to land goods liable to retain infection, without dire. tions from the privy council.

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