Epidemics Act 1850 (SA)

No. 3.

Olt'DINA2L7CE Enacted 133 the Governor of South Australia, with the advice and

consent of the Legislative Council thereof.

To provide for the prevention of the spread of Epidemic and

Contagious Diseases on the &rival of Merchant Vessels.

[Sth March, 1850.1

WHEREAS it is expedient that regulations should be made to Preamble.

prevent the introduction of Malignant Cholera and other Epidemic

Diseases on the arrival of Merchant Vessels:

Be it therefore Enacted by the Governor of South Australia,

with the advice and consent of the Legislative Council thereof:

That from and after the passing hereof it shall be lawful for the

Governor, with the advice of the Executive Council, from time to time,

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by Proclamation, published in the South Australian Government Qazette, to make and establish such regulations as shall seem most fitting for the prevention of the introduction and spread of

1 epidemic, and contagious diseases by merchant vessels arriving in

l the

the Ports of the Province; and generally for carrying into execution the purposes and provisions of this Ordinance: And such regula. tions in like manner, from time to time, to alter and revoke, and to substitute new rcgulationi in their place; all which regulations shall, during the time they shnll be in force, be as valid and effectual in the Law as if they were specially inserted herein.

casesof Q~~~~~~~~~~~ 11. And be it Enacted, That whensoever any merchant vessel shall arrive in any port of the Province, the master or person having the command of such vessel shnll report to the Officer of Customs, Emigration Agent, or Pilot, who first comes on board, the number of persons on board, if any, whether passcngcrs or seamen, who from illness, fiom whatsoever cause, are so unwell as to he

shi to be notified to the

d c 6 r. f cuaom, a..

Officer to enquire ofper- unable to staud or to work: And such Officer of Customs, or other

sons sick

person as aforesaid, shall forthwith see the persono so reported

unwell, and if upon enquiry, there is reasonable ground for desirir~g

uledicd advice, or if such advice be desired by any person suffering,

then such officer or person shall send notice thereof to the nearest

medical officer who may have been specially appointed to act ss

IIealth Officer, or in case of there being no such officer, or of his

absence; to any other duly qualified medical practitioner.

azsster to give means of 111. And be it Enacted, That for the purpose of sending mcli

E ~ notification, the Master or Commander slmll provide a boat and ~ ~ ~ ~ ~ ~ ~ $ ~

officer. sufficient crew on beirla requested so to do, and shall cause such notice to be duly and ~upeditiously delivered, and shall provide, n the expense of the ship, conveyance for such Health Officcr or Medical Practitioner to examine the cases of sickness on board.

Master, on request of IV. And be it Enacted, That in the event of the occurrence of

~ ~ ~ e ~ k ~; f ~ h i; ; ~ one or more such cases of illness, other than cases of comnion sea.

on shore, a d to require sickness on board, and upon request from any pawenger or seaman, a

dical practitioner.	or without such request where there is reasouable ground for be lieving that there is a case of fever on board, or where more than one p&on on board is suffering from illness'of the like symptoms, other than common sea-sickness, the Master or Commander of any
such vessel shall himself, forthwith, and without any inquiry bv J any r
officer or person, send such notice as aforesaid, and procure the attendance on board of m y Health Officer or person specially np- pointed, or in case such persons sh l l be absent or engaged, of some other duly qualified medical practitioner.

~ s d i w l practitioner W- V. And be it Enacted, That such Health Officer, or Medical

~ ~ zds: Practitioner, shall, upon receiving such notification, forthwith ~ ~ ~ ~ $ '

RW a d treat. go on board such vessel and examine such cases of sickness.

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;f they art! cases of epidemic or contagious disease, and treat

them in manner approved for the treatment of cases of epidemic or

contagious disease occurring in dwellings on shore: And in case he	If the ship i m w h o l e -
some, over-crowded, or

shall firid the cabin or hold of the vessel where any sick person lies, uqventilated,+hc may

is in filthy or unwholesome condition, or without means of vcntila- be removed and	elsewhere.
tion or proper accommodution, or that from the number of persons
on board there is danger of the spreading of the disease, or that
there is not on boar l such vesst?l proper attendance or rnearls for
the suitable trratmrnt of the siek,'and that the patient may be re- moved with less dauqer than if he reniained on board; in every such
case, the medical officer or practitioner shdl take order for the pro-
viding for the rcmoval of such patients, and fbr their reception and treutment elsewhere: And for such purposes, such Healtlh Officer or Medical Practitioner is hereby authorised and required to proceed according to the regulations to be made in that behnlf iu pursuauce

of this Ordinance, -,

VI. And be it Enacted, That in case of the occurrence on board hfcasums wtlcn vessel

come kom-infected

of such vessel of any case of epidemic, or contagious disease, or in	places, &c.
case of the arrival of such vessel froni any p r t or coast of any
country, where it is known that cholera, or othcr epidemic or con- tagious diseases are prevalent, such Health Officer or Medical Practitioner shall, and is herebv authorised to take measures fbr
the protection of the passengers'and crew on board such vessel, and the prevention of the spread of epidemic and contagious diseases in
the manner approved for the treatment of such cases occurrin~ on shore; aud for such purposeu he is hereby anthorised and reqnlred
to proceed according to the regulations made in that behalf ia pur-
suance of this Ordinance.

VII. And be it Enacted? That as well such Officer of Customs, Que&o~ls may be put.

Eniio-ration Agent, and I'ilot, as such Health Officer or Medical 0.

Practhoner boardiirg any such vess4 shall have authority to put all such questions as they bhsll deem necessary to ascertain the state of health of all persons who shall have been on board of such vessel durins the voyage, and all particulars necessary for their guidance in the execution hereof; and the Master, or person in com-

mand of such vessel, the surgeon (if any), and other officers and

seamen thereof, shall, either in writing or verbally, as they may be required, true answer make to all such qncstions as shall be put to

them as aforesaid.

VIII. And be it Enacted, That after such enquiry as aforesaid, the vessels may be detained-

Officer of Customs, Emigration Officer, or Pilot, shall have authority, and is hereby required, if he shall deem it necessary, cause such

vessel

vemel to be detained outside. or at such part of the Port, as may be appointed in that behalf, until the Health Officer, or Medical Prae. titioner shall have arrived on board, and thereafter the orders of such Health Officer, or Medical Practitioner shall be followed,

subject to the regulations to be made in pursuance hereof.

Copiesof this Ordinance	IX. And be it Enacted, That all Officers of Customs and
and regulations in pursu-

m hereof to be taten. Emigration Agents, appointed to take charge of, or inspect vessels on their arrival, and every ilot, shall keep and carry with them copies of this Ordinance, anX of all regulations made in pursuance hereof, and shall call the attention of the Master or person in

,

charge of the vessel, and all persons whom it may concern, to the

same.

chuges Prac-

titioner, and expenses at- X. And be it Enacted, That for the services required to be per-

tending removal and formed under this Ordinance. everv such Hcalth Officer and Medical

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be recoyer- Practitioner shall be entitled to cdarge at the same rates as shall be

I able.

usual in the case of private patients of the class of those attended

, and treated on shipboard; and such charges shall be payable and paid by the Master or person in charge of such vessel, on behalf of the owners, together with all reasonable expenses incurred in the removal and treatment of the sick, and may be recovered at the suit of the party to whom the same shall be payable, in a summary way, in like manner as penalties under this Ordinance.

fsl*ood a mis-

demeanor.

XI. And be it Enacted, That if any Master or person in corn-

mand of any vessel, surgeon, or other officer thereof; so required to

report or to answer as aforesaid, shall wilfully make any false report,

I	or false answer, to any such matter as aforesaid, such Master or officer shall be deemed guilty of a misdemeanor, and on conviction thereof before any competent jurisdiction, shall be liable to fine or
imprisonment, at the discretion of the Court.

Penalties for offences. XII. And be it Enacted, That if any Master, Officer, ~edical

Practitioner, or other person, who shall have any duty to perform,

- or who shall be required to do any act or thing under this Or.

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dinance, or any regulation made h pursuance thereof, shall refust or omit to perform such duty, or to do such act or thing, or if a q person whatsoever shall in any manner offend against or contravem the provisions of this Ordinance, or any such regulation, or shal obstruct, hinder, or resist any public officer, Medical Practitioner, 01 other person duly employed in the execution hereof, eveq such offender shall, on conviction for every such offence, forfeit

pay a penalty not less than five pounds, nor more than fift: pouods, at the discretion of the convicting Justices; to be appliel

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to the public uses of the Province and support of the Government

thereof.

XIII. And be it Enacted, That all penalties and sums of money acoseryofpena~ties,kc.

incurred or payable under this Ordinance, shall and may be re- covered before any two or more Justices of the Peace in a summary way, and any party aggrieved by any adjudication, order, or con- viction, may appeal therefrom, according to the laws of the Province for the time being for regulating summary proceedings before Justices of the Peace.

eturns and accounts of

XIV. And be it Enacted, That every such Health Officer and Medical Practitioner receiving any moneys under the authority of this Ordinance, shall make and return true accounts of the same to the Colonial Treasurer, at such times, and in such manner and form, as the Governor may appoint. medical fees.

XV. And be it Enacted, That the term " Medical Practitioner " as Definition of Medical

used in this Ordinance, shall be construed to mean any legally practitioner.

qualified Medical Practitioner, certified according to the provisions

of the Ordinance in that behalf, made on the third day of Scptem- NO.	17. of 181.4.
her, one thousand eight hundred and forty-four.

H. E. F. YOUNG,

Lieutenant-Governor.

Passed the Legislative Council, this

E7@h day of March, One Thou- 6

snnd Eight Hundred and F2j.t~.

W. L. O'HALLORA -N,

Clerk of Council.

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ADELAIDE : Printed by authority by W. C. Cox, at the Government Printing

Office, Victoria-square.