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45 G. 5. c. 10. goods before an order of the privy council shall be made for that purpose, he shall for every such offence forfeit 2007.

Persons liable

to perform quarantine to obey

the orders of

the officers appointed to see quarantine per

formed.

Persons quitting ships liable to perform quarantine, &c. may be seized.

Officers of the customs, or

others employed, neglecting their duty.

Sound persons

entering lazarets.

By 23. All persons liable to perform quarantine and all persons having had communication with them shall be subject to the orders of the officers authorised as above to direct the performance thereof, who may enforce obedience thereto, and in case of necessity call in others to assist, who are required to assist accordingly; and may compel all persons liable to perform quarantine, and such other persons as aforesaid, to repair, and to convey all goods comprised in any order made as aforesaid, to the lazaret or place appointed in that behalf; and if any person shall refuse or neglect to duly repair when required so to do, to the place so appointed, or shall escape, or attempt to escape therefrom, before quarantine be duly performed, he shall be guilty of felony without benefit of clergy, and the quarantine officers shall use necessary force to compel such persons to repair or return to the same.

By § 24. It shall be lawful for any peace officer or other person to seize any person that shall, contrary to the provisions of this act, have quitted or come on shore from any vessel liable to quarantine, or who shall have escaped therefrom while under quarantine, or from any place or lazaret appointed in that behalf, to carry such person before any justice or magistrate; and it shall be lawful for such Justice or magistrate to grant his warrant for the apprehending or conveying any such person as aforesaid back to the vessel, or lazaret, or place, or for the confining any such person in such place of safe custody (not being any public gaol,) and under such restrictions as to communication with other persons, as may in the discretion of any justice or magistrate (calling to his aid if he shall see fit, any medical person,) appear to be proper, until he can be safely conveyed to any place appointed for qua rantine, or till directions can be received in that behalf from the privy council.

By 26. If any officer of the customs, or other person employed concerning quarantine, shall knowingly and wilfully embezzle any articles performing quarantine, or shall be guilty of any wilful breach or neglect of duty, he shall forfeit his office, and be thenceforth incapable of the same, and shall forfeit 100%.; and if he shall desert from his duty, or knowingly permit any person, vessel, or goods to depart or be conveyed out of the lazaret, ship, or place appointed, unless by an order of council, or if any person appointed to give a certificate of the ship having duly performed quarantine or airing, shall knowingly give a false certificate, he shall be guilty of felony without benefit of clergy; and if any such officer shall wilfully damage any goods performing quarantine under his direction, he shall be liable to treble damages and full costs of suit.

By § 27. If any sound person shall enter any lazaret, while any person under quarantine shall be there, he shall perform quarantine; and if he shall return or attempt to return from thence (unless duly licensed,) or shall escape or attempt to escape, he shall be guilty of felony without benefit of clergy.

After quaranAnd by 28. After quarantine hath been performed, on proof tine performed, on the oath of the master or other person having charge of such vessel, and of two persons belonging thereto, or upon the oaths thereof, vessels, of two witnesses, before the collector or principal officer of the

and certificate

customs of the port, or one neighbouring Justice, that such vessel, 45 G. 3. c. 10. and every such person respectively, have duly performed qua- &c. not liable rantine, and are free from infection; and after producing a certi- to further reficate to that purpose signed by the chief officer superintending straint. such quarantine, or person acting for him, such collector, or officer of the customs, or such justice, shall give a certificate thereof, whereupon such vessel and every person so having performed quarantine shall be liable to no further restraint.

By § 29. All goods liable to quarantine as aforesaid shall be aired in such place and manner as his majesty by order of council shall direct.

By 46 Geo. 3. c. 98. § 5. So much of 45 Geo. 3. c. 10. § 29., as relates to the certificate and proof of opening and airing goods, is repealed, and it is enacted, that proof thereof shall be made by the oaths of the master of the lazaret or vessel in which the goods, &c. shall have been opened and aired, and of one of the guardians or of the officers authorised by the commissioners of the customs, or, if there be no such officer, then by the oaths of two or more credible witnesses serving in the said lazaret or vessel; and on production of such certificate to the proper officer, such goods shall be liable to no further restraint.

Goods to be opened and aired, and upon certificate to be subject to no further restraint.

46 G. 3. c. 98.

By § 30. If any person shall knowingly and wilfully forge or 45 G. 3. c. 10. counterfeit any such certificate, or cause the same to be done, or Forging cershall publish as true such forged and counterfeit certificate, know- tificates, ing it to be such, he shall be guilty of felony without benefit of

clergy.

By § 31. If any person shall land or unship, or move in order to be landed, unshipped, or moved, any goods or articles whatever from any vessel liable to quarantine, or shall knowingly receive the same after they have been so landed or unshipped, he shall forfeit not exceeding 500l. nor less than 100%.; and if any person shall clandestinely convey, or shall secrete or conceal for the purpose of conveying any goods or articles as aforesaid from any vessel actually performing quarantine, or from the lazaret or place where they are performing quarantine, he shall be guilty of felony without benefit of clergy.

&c. vessels

And by § 32. If it shall at any time happen that any part of During the Great Britain or Ireland, or the Isles aforesaid, or France, Spain, plague in Great Portugal, or the Low Countries, shall be infected as aforesaid, Britain, France, his majesty may by proclamation restrain small vessels under twenty under twenty tons from passing out of Great Britain, or the said Isles, until tons not to sail bond be given by the master thereof with sufficient sureties in the until bond is penalty of 3007. that such vessel shall not touch at any place in given. the proclamation mentioned, and that no person on board shall go on board any other vessel at sea, or permit any person to come on board from or receive any goods out of any other vessel at sea. And in case any vessel, for which such security shall be required, shall pass out of any such port or place before such security be given, every such vessel so sailing contrary to the true intent and meaning of this act, together with her tackle and furniture, shall be forfeited, and the master and every mariner sailing therein shall severally forfeit 201.

By § 34. All penalties by this act imposed may be recovered in Penalties how the courts at Westminster, or by information before two justices, to be recovered. and may be levied upon the offender's goods, and if he shall not have

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45 G. 3. c. 10. goods sufficient, he shall be committed to gaol till payment thereof; which penalties shall belong half to the person who shall inform and sue, and half to his majesty, to be applied in repairing lazarets.

See also 46 G.3. c. 98. § 10.

Offences (not

felony) may be tried before two justices.

50 G. 3. c. 20.

51 G. 3. c. 46.

46 G. 3. c. 98.

By § 35. All actions and prosecutions under this act are to be in the name of the attorney general, or some officer of the customs, and by $ 36. the attorney general may stop proceedings therein altogether.

37. Gives power, in cases where by this act examinations and answers are to be upon oath, to those who are authorised to take such examinations, &c. to administer such oaths; and those who wilfully swear falsely or procure others to do so, shall be deemed guilty of perjury and subornation of perjury.

And by 38. All offences committed against this act (not being felony), and every offence or disobedience to any order of council for which no specific penalty or punishment is provided by this act, shall be heard and determined before two justices; and if any person shall be convicted of any such offence or disobedience, he shall be liable to such forfeiture and penalty not exceeding 501. for any one offence, or to imprisonment not exceeding three months for any one offence, as in the discretion of such justices shall be judged proper; which pecuniary penalty shall be applied half to the person who shall sue, and half to the king, to be applied as aforesaid.

By $ 40. In any proceeding against any person for any offence against this act, or any act hereafter passed relating to quaran tine, or for any disobedience of any order in council relating thereto, and notified and published as aforesaid, or of any order made by three or more of the lords of the council as aforesaid, the answer of the commander, master, or other person having charge of any vessel to any questions put to him by virtue of this act, or any future act relating to quarantine, shall be evidence as to whence such vessel came and where she touched: and the being directed as aforesaid to perform quarantine shall be proof the vessel was liable to quarantine, unless the defendant show by satisfactory proof to the contrary; and the vessel being actually under quarantine, it shall be taken to be liable thereto, without proving in what manner it so became liable.

By § 41. A power is given in certain cases to any judge of K. B. to cause a party indicted under this act to be apprehended, and committed to gaol.

By § 42. All offences against this act may be tried in any county. With respect to the appointment of superintendants of quaran tine, it is enacted by 50 G. 3. c. 20. that they and their assistants may be appointed by any instruments signed by four commissioners of the customs, and sealed with the seal of their office.

By 51 Geo. 3. c. 46. Every thing required in the 45 Geo. 3. c. 10. to be done by the superintendant of quarantine, or his assistant, may, in case of the absence or sickness of such superintendant or assistant, be done by the principal officer of the customs at the port or place, or by such officer of the customs as shall be authorised by the commissioners of the customs, or any four or more of them, to act in that behalf.

By 46 Geo. 3. c. 98. § 6. The privy council may order ships coming from America or the West Indies, when the yellow fever,

&c. prevails there, to go to certain places without being liable to 46 G. 5. c. 98. quarantine.

§ 7. Intercourse within limits of stations allotted for quarantine of ships without clean bills of health, may be prohibited by order

in council; under penalty of 500l.

§ 8. Penalty on forging or uttering false certificates, required by order in council, felony without clergy.

9. Consuls and vice-consuls may administer oaths.

§ 10. Persons authorised to take examinations may administer oaths; false oaths incur the penalty of wilful and corrupt perjury.

Plate.

[28 Ed. 1. c. 20. 12 & 13 W. c. 4. 1 Ann. st. 1. c. 9.-
6 G. 1. c. 11.-12 G. 2. c. 26.
c. 53. 52 G. 3. c. 143.

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13 G. 3. c. 52.

24 G. 3.

-55 G. 3. c. 185.]

To prevent frauds in the true making of plate, it is enacted by the 12 & 13 W. c. 4., the 1 Ann. st. 1. c. 9., and 13 Geo. 3. c. 52. that (besides the city of London), York, Exeter, Bristol, Chester, Norwich, Newcastle-upon-Tyne, Sheffield, and Birmingham, shall be appointed for the assaying and marking of plate. And the goldsmiths, silversmiths, and plateworkers in the said places, shall be incorporated into a company and choose wardens yearly.

An assayer shall be elected by the company in each of the said places, who shall take an oath of office.

By the said acts, every goldsmith, silversmith, and plateworker, within the said places, and elsewhere, shall, before he takes upon him to exercise the said trade, enter his name, and mark, and place of abode, with the wardens of the company where an assayer is; and if he shall not make such entry, or shall strike any other mark but what is so entered, he shall forfeit double value, half to the king, and half to him that shall sue in any court of record in the county or place where the offence shall be committed.

Assayers.
1

12 & 15 W. c. 4.
An. st. 1. c. 9.

13 G. 3. c. 52.

Maker to be

entered with the wardens of the

company.

Every goldsmith, silversmith, and plateworker, inhabiting Assaying. where there is not an assayer, shall first fix his mark, and then send it to an assayer; and if it be found by the assayer to be of the fineness of the standard, then he shall mark it: And if any such person shall make any plate (less in fineness than the standard) or put any to sale (except what by reason of its smallness is not capable of the touch) before it shall be assayed and marked, he shall forfeit the same, or the value thereof.

And by 24 Geo. 3. c. 53. § 4. Every working gold or silver smith 24 G. 3. c. 53. shall send to the assay office all plate made by him, to be touched or assayed, and with every parcel shall send a written note, containing the day of the month, and year, the name of the maker, and place of his abode, and also the species in such parcel, and number of each species, with the total weight of each parcel, and the duty payable for the same.

6 G. 1. e. 11.

standard.

As to the fineness thereof by the standard, it is enacted by Fineness by the the 6 Geo. 1. c. 11. § 41. that plate may be made, either according to the old standard (of 11 ounces and 2 pennyweights fine silver in every pound troy) or according to the new standard (of 11 ounces and 10 pennyweights); but differently marked.

Mark.

12 G. 2. c. 26.

6 G. 1. c. 11.

52 G. 3. c. 143. Forging stamps on wrought plate of gold or silver, &c.

That is to say, plate of 11 ounces and 2 pennyweights, shall be marked with the maker's mark, viz. the first letters of his christian and surname, the mark of the goldsmiths' company in London, viz. the leopard's head, lion passant, and a distinct variable mark to denote the year; (or, with the mark of the worker or maker, and with the mark appointed to be used by the assayers at the several respective places.)

And by 12 Geo. 2. c. 26. § 5. plate of 11 ounces and 10 pennyweights shall be marked with the maker's mark, viz. the first letters of his christian and surname; and the mark of the said company, viz. a lion's head erased, the figure of a woman, called Britannia, and the said mark or letter to denote the year; (or, with the mark of the worker or maker, and the mark of one of the said cities or towns respectively.)

41. And it shall not be lawful to make any vessels of silver plate or manufactures of silver of a coarser allay than what is herein specified, under the penalties and forfeitures prescribed by any of the laws now in being concerning wrought plate.

By 52 Geo. 3. c. 143. § 8. If any person shall transpose or remove, or cause, &c. from one piece of wrought gold or silver to another, or to any vessel or ware of base metal, any impression provided, made, or used under the direction of the committee of stamps, or persons authorised in that behalf, for denoting the duties or payment of duties on plate; or shall stamp or mark, or cause, &c. any such with any mark, stamp, or die, forged or counterfeited to resemble any mark, &c. so provided; or shall sell, exchange, or expose to sale, or export out of Great Britain any wrought plate of gold or silver, or any vessel or ware of base metal, having thereon the impression of any forged or counterfeited mark, stamp, or die so provided, &c. as aforesaid, or any impression of any such mark, &c. so transposed or removed as aforesaid, knowing the same to be so forged or transposed; or shall wilfully and without lawful excuse (proof to be on the accused) have or be possessed of any such forged or counterfeited mark, &c. every such offender shall on conviction be adjudged guilty of felony without clergy.

Rex v. Jackson. 1 Cowp. 297, 298. The defendant had been convicted upon the stat. 28 Edw. 1. c. 20. (the punishment of which is imprisonment and ransom at the king's pleasure) for making silver plate of worse alloy than the standard alloy of the realm. The indictment also contained a count upon 6 Geo. 1. c. 11. and the third for an offence at common law. He was found guilty upon all the counts. In Mich. 1774, motion was made in arrest of judgment, upon the ground of 28 Ed. 1. c. 20. being repealed, when the court of K. B. took time to consider and look into the acts of parliament: Lord Mansfield declared the unanimous opinion of the court, that it " is in full force, and not repealed or abrogated by any of the subsequent statutes since enacted." His lordship observed, that the preamble of the 12 Geo. 2. c. 26. recites stat. 28 Edw. 1. c. 20. and some other acts as subsist

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