Quarantine Act 1832 No 16a (NSW)
| 312 | 1832. | 3» GUL. IV. | No. 1. |
Qxaraniinc.
ANNO TERTIO
GULIELMI lY. REGIS.
| K t | * •K | ^ | * ' I ' ♦ * % | * 5}^ * ^ * * * * * H i | ^ | ; K |
No. I.
Quarantine.
An Act for subjecting Vessels coming to Ncav
South Wales from certain places to the per
| formance of Quarantine. | [28̂ A July, 1832.] |
| rrcaiuLle. | TT7~IIEREAS it is expedient that regulations should he made to | |
|
Cholera or any other infectious disease higlily dang(;rous to the hcaltli of n is Majt'sty’s subjects into the Colony of iS'civ South lYales
VosRols goods and,, , . Be it therefore enacted by His Excellency the Governor of New
lv?m "IlcpVu.tWed South AEalcs with the advice of the Legislative Council of the same liy tii(iG(ivpvnm- That as oftcii as the Governor of New South lYalcs for the time-bdug thb/xeciuiVi!''° with tlie advice of the Executive Council shall by Proclamation amf notify that any place or places beyond the seas is or are infected c-ommimieati(,M with witli tlic Cliolcra 01' otlicr sucli iiifectious disease as aforesaid and plXm Qulmntî probable such disease may be brought from such place
or places to the said Colony then and immediately from and after such notitication all ships and vessels whatever arriving from or having touched at any such place or places and all vessels and boats receiving any person goods wares and merchandise packets packages baggage wearing apparel hooks letters or any other article whatsoever from or out of any vessel so coming from or having touched at such infected place or places as aforesaid whether sucli persons goods wares and merchandise packets packages baggage Avearing apparel hooks letters or other articles shall have come or been brought in such vessels or such person shall have gone or articles have been put on board the same cither before or after the arrival of such vessels at any port or place in the Colony of New South Wales and Avhether such vessels Avere or Averc not bound to any port or place in Neiv South Wales and all persons goods Arares and merchandise! packets jiackages baggage Aiearing apparel hooks letters or any other article whatsoever on board of any vessel so coming from or having touched at such infected place as aforesaid or on board of any such receiving vessels or boats as aforesaid shall he and he considered to lie liable to Quarantine Avithin the meaning of this Act and of any Order made by the Governor Avith the advice of the Executive Council and notified by Proclamation concerning Quarantine and the prcA'cntion of intection from the time of the departure of such vessels from such infected jilaee as aforesaid or from the time such persons goods Avares merchandise packets packages baggage Avearing apparel hooks letters or other articles shall have lieen received on board respectively and all such vessels and boats as aforesaid and all persons (as Avell pilots as others) goods Avares and merchandise and all other articles as aforesaid Avhether coming or brouglit in such vessels or boats from such infected place as aforesaid or going or being put on hoard tlie same either before or after the arrival of such vessels or boats at any
| port |
| 1832. | 3̂ GUL. IV. | No. 1. | 313 |
Quarantine.
port or place in New Soutli Wales and all persons goods wares and niercliandise and other articles as albresaid on board such receiving vessel or boat as aforesaid shall upon their arrival at any such port or place he obliged to perform Quarantine in such place or places for such time and in such manner as shall he from time to time directed by the Governor for the time-being by any Order made with tlie advice of the Executive Council and notified by Proclamation as aforesaid and tliat until such vessels and boats persons goods wares and merchandise or other articles as aforesaid or any of them shall have respectively performed and shall be duly discharged Irom Quarantine no such person goods wares or merchandise or other articles as aforesaid or any of them sliall either before or after the arrival of such vessels or boats at any port or place in New South Wales come or be brought on shore or go or be put on board any other vessel or boat in order to come or be brought on shore in any such port or place (unless in such manner and in such cases and by such license as shall be directed or ])crniittcd by any such order as aforesaid) and all such vessels and boats w hether coming from sucb infected place as aforesaid or being other wise liable to Quarantine as aforesaid and all persons (as well pilots as others) goods wares and merchandise and other articles as afore said whether coming or brought in such vessels or boats or going or being put on board the same either before or after the arrival of such vessels or boats at any port or place in New South Wales and all commanders masters or other persons having the charge or com mand of any such vessels or boats whether coming from any infected place or being- otherwise liable to Quarantine as aforesaid shall be subject to all the provisions rules regulations and restrictions con tained in tins Act or in any Order or Orders which shall be made by t he Governor with the advice of the Executive Council as aforesaid concerning (Quarantine and prevention of infection and to all the pains penalties forfeitures and punishments contained in this Act or Ordi nance tor any breach or disobedience thereof or of any Order or Orders of the Governor with the advice of the Executive Council as aforesaid made tinder the authority thereof.
2. And be it further enacted Tliat it shall be lawful for the For vesting certain
Governor with the advice of the Executive Council to make such
Order as shall be deemed necessary and exjtcdient upon any unforeseen outive Conndi to
emergency or in any particular case or cases with respect to any vessel eertTin*̂ cTstrof"
arriving and having any such infectious disease on board or on board emergency,
of which any such infectious disease may have appeared in the course
of the voyage or arriving under any other alarming or suspicious
circumstamies as to infection although such vessels shall not have
arrived from any place from which the Governor with the advice of
the Executive Council may have adjudged and declared it probable
that any such infectious disease may be brought and also with respect
to the persons goods wares and merchandise and other articles as afore
said on board the same and in case of any such infectious disease
appearing or breaking out in the Colony of New South Wales or its
licpendcncics to make such Orders and give such directions in order to
cut off all communication between any pen-sons infected ■until any such
disease and the rest of l l is Majesty’s subjects as shall appear to the
said Governor and the said Council to be necessary and expedient for
that purpose and likewise to make such Orders as the said Governor
with the advice of the said Council shall sec fit for shortening the time
of Quarantine to be performed by particular vessels or particular
persons goods wares mercdiandise or any other articles or for absolutely
or conditionally releasing them or any of them from Quarantine and
all such Orders so made as aforesaid shall be as good valid and effectual
to all intents and purposes as well with respect to the commander
| 2 11 | master |
| 314 | No. 1. | 3̂ GUL. IV. | 1832. |
Quarantine.
master or other person having charge of any vessel and all otlier persons on hoard the same as with respect to any otlier persons having any intercourse or communication with them and to the penalties forfeitures and punishments to which they may respectively liecome liable as any Order or Orders concerning Quarantine made hy the Governor with the advice of the Executive Council and notified hy Proclamation as aforesaid.
uveCounŜ to ap̂ further enacted That it shall and may he lawful point lazarets and foi’ the Govcmoi’ witli the advicc of the Executive Council from
time as lic may think fit and expedient hy any Order or Orders notified hy Proclamation to appoint certain stations or places within the harbour of Port Jackson or within or near any other harbour or place within the said Colony for the performance of Quarantine under this Act or Ordinance where all vessels liable to Quarantine and the crews passengers and persons on hoard thereof shall perform the same and also if necessary to appoint lazarets and other places where the crews passengers and other persons and the goods wares and merchandise which shall or may he on hoard the said vessels shall and may he detained and kept for the performance of Quarantine.
| Masters of vessels | J. And be it further enacted That from and after the passing |
piUirtiiê piarerâ Ordinance every commander master or other person having the
whieh they loaded charge of any vessel coming from parts beyond the seas shall ans\veran*l(uest^^^^^ H iG j)ilot O r pci’son boarding or conducting any such vessel a respeefmg the health-ŵ pitten paper Containing a true account of the names of the place
g e n g e i ^ ' ^ a n d country at which such vessel shall have loaded and also of all the places at which any such vessel shall have touched on the voyage out to the said Colony and shall truly answer all such ques tions as shall he put to him hy such pilot or other person touching the health of the crew and passengers of such vessel during the voyage and the cause or causes of the death of any persozr or persons should such have taken place on board on pain of forfeiting the sum of one hundred pounds for any neglect or refusal to give such paper or for any false representation or wilful omission therein or false
Pilot to give notice answer to such questions And if such vessel shall have arrived or liable to Quarantine come irom any placG wliich snail be notiiied by any rroclamation or
hoisrrveUo*w Order of the Governor with the advice of the Executive Council as being infected as aforesaid such pilot shall immediately give notice thereof to the commander or other person in charge of such vessel on pain of forfeiting the sum of one hundred pounds for any neglect therein and such commander or other person shall immediately after such notice hoist a signal to denote that such vessel is liable to the performance of Quarantine which signal shall be in the day-time a yellow flag of six breadths of hunting at the main-top-mast head and in ihe night-time the signal shall he a large signal lanthorn such as is commonly used on hoard His Majesty’s ships of war at the same mast head and such commander master or other person shall keep such signal hoisted until such time as the said vessel shall he legally discharged from the performance of Quarantine and on failure thereof such commander master or other person having the charge of such vessel shall forfeit and pay for every such offence the sum of one iiundrcd pounds and in case any pilot shall bring or cause to he brought or conducted any vessel liable to the performance of Quarantine into any place which is not or shall not he specially appointed for the reception of vessels so liable after receiving such paper as aforesaid whereby it shall have been made to appear that such vessel was liable to the j)cr- formance of Quarantine or without requiring and receiving such paper as aforesaid unless compelled thereto hy stress of weather adverse
winds
| 1832. | 3« GUL. IV. | No. 1 | 315 |
Quarantine.
winds or accidents of the sea such ])Uot shall for every such ofFeiice
forfeit and pay the sum of two huudred pounds.
5. And he in further enacted That every commander master Masters to deliver to
or other ])erson having charge of any vessel u hich shall he liable to Qi'/aran̂ ^̂ ̂
perform Quarantine as aforesaid shall forthwith after his arrival at of iicaith manifest
the place appointed for the performance of Quarantine deliver on
demttnd to the Superintendent of Quarantine or his assistant or other
olhccr authorized to act in that behalf (and vidiich Superintendent
assistant or other officer as aforesaid is hereby required to make such
demand) his bill of health and manifest together with his log-book
and journal under pain of forfeiting the sum of one hundred pounds
if he shall wilfully refuse or neglect to do so.
(!. And be it further enacted That if any commander master Penalty un masters
or other person being in charge of any vessel lialile to ])erforin Jl"|so,isor(|uit v"""
Quarantine shall himself quit or shall knowingly permit or suffer any seis liable to
seaman or passenger or otlier person to quit such vessel Ity going
on shore or by going on board any other vessel or boat before such
Quarantine shall be fully jierformcd (unless by such license as shall
be granted by virtue of any Orders made liy the Oovernor with the
advice of tin; Executive Council as aforesaid) or in case any com
mander or other person having charge of such ship shall not within |;j,jj”vcsso'iŝ tô
a convenient time after due notice given for that purpose cause such iippointca piace,s.
vessel and the lading thereof to be conveyed into the place or places
ap])ointed for such vessel and lading to iierform Quarantine then
and in every such case every such commander master or other per
son as aforesaid for every such otfenee shall forfeit and pay the sum
ol‘ lour hundred jiounds and if any such person coming in iiny
such vessel liable to Quarantine (or any pilot or other person going on
board the same either before or after the arrival of such vessel at any
port or place within the said Colony) shall either before or after such
arrival quit such vessel unless by such license as aforesaid by going
on sliore or by going on board any other vessel or boat with intent to
go on shore as aforesaid before sueh vessel so liable to Quarantine as
aforesaid shall 1)e regularly discharged from the performance thereof
it shall and may be lawful for any p(;rson whatsoever by any kind of
necessary force to compel such pilot or other person so quitting sucli
vibssel so liable to (Quarantine to return on board the same and every
such pilot or other person so quitting such vessel so liable to Quaran-
tin;' shall for every such offenci; sulfer imprisonment for the space of
six months and shall forfeit the sum of three hundred pounds.
7. And be it further enacted That it shall be lawful for any Persons liable lo
Constable or other Peace Officer or any other person to seize ajiprchcnd any person that shall contrary to the provisions of this A(‘t have quitted or come on shore from any vessel liable to perform (Q.uai’antine or who shall have escaped from or quitted any vessel under Quarantine or from any lazaret vessel or place appointed in that behalf for the purpose of carrying such person or persons before any J ustice of the Peace and it shall be lawful for any such Justice of the Peace to grant his warrant for the apprehending and conveying of any such person to the vessel from which he or she shall have come on shore or to any vessel jierforming Quarantine or lazaret from which he or she shall have escaped or for confining any such person in any such place of safe custody (not being a public gaol) and under such restri(;tions as to having communication with any other persons as may in the discretion of any such Justice of the Peace appear to be ])rop<n’ until sueh person can safely and securely be convi'yed to some ])laci! appointed for the performance of Quarantine or until dii'ections can l)e obtained from tlie Governor of the said Colony for tlie time-being as to the disposal of any such person and to make any further order that may be necessary in that behalf.
| ' | 8 . |
| 316 | No. 1. | 3*̂ GUL. lY. | 1832. |
Quarantine.
| Intercourse with | 8. And ivlicreas it may be necessary for the public security to |
| iiiotttd%or'(iû ^̂ ̂ | communication ivbatcvcr with stations or jtlaces appointed |
tine may be pro- as licreinbefoi’c directed for performing Quarantine Be it thert'fore
the’uovcrnor anV furtlicr ciiactcd Tliat it sliall and may be lawful to and for the
Executive Council. Govcmor of tlic Said Colony witli the advice of the Executive Council
by Order notilit'd by Proclamation to prohibit all persons vessels and boats whatsoevt'r from going under any pretence whatsoever within the limits of any station Avbicli bv̂ anv Order or Orders of tlic Governor with the advice of the Executive Council as aforesaid has been or may be assigned for the performance of Quarantine and if any person whatsoever after such notification of any such Order or Ordt'rs of the Governor with the advice of the Executive Council shall presume under any pretence whatsoever to go within the limits of any such station he or she shall for every such ollence forfeit and pay the sum of two hundred pounds.
| Penalty on persons | 9. And be it further enacted That if any ofilcer or person |
| noslecting tlieir |
| duty | whatsoever to whom it shall appertain to execute any order or orders made or to be made concerning Quarantine and notified as aforesaid or to see the same put in execution shall knowingly and wilfully be guilty of any breach or neglect of his duty in respect of the vessels persons goods or chattels performing Quarantine every such officer or person so offending shall forfeit and pay the sum of two hundred |
or deserting or per- pounds and if any such officer or person shall desert from his duty
| &c to d(Tait | when employed as aforesaid or shall knowingly and willingly permit |
| without authority | any pcrson vessels goods or merchandise to depart or be conveyed out of the said lazaret vessel or other place as aforesaid unless by per mission under the order of the Governor of the said Colony with the advice of the Executive Council or if any person hereby autborized and directed to give a certificate of a vessel having duly performed |
| ‘ | Quarantine or airing shall knowingly give a false ctnliilcatc thtireof every such ])crson so offending sliall be guilty of felony and if any |
| or damaging goods | such officer or person shall knowingly or wilfully damage any goods |
| &c. | performing Qutirantino under his direction he shall be lialilc to pay one hundred jiounds damages and full costs of suit to the owner of the same. |
After proof of per-10. And be it further enacted That after Quarantine shall have
tĥ e'alldyoper'̂ *̂ "̂' ^̂ ên duly performed by any vessel person or persons obliged to per- certificat,; to that form Quarantine as aforesaid according to this Laiv or Ordinance
| effect vessels or | sucli Order oi‘ Oi’dcrs made as aforesaid the chief officer who him shall and he is hereby required to give a certificate thereof under llis hand and upon the same being approved and allowed by the Governor with the advice of the Executive Council then every 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 Avhich such vessel person or persons shall have pei’formed Quarantine as aforesaid. |
| persons shall bo | |
| liable to no further | superintended the Quarantine of the said vessel or person acting for |
| detention. |
Goods &c. liable to 11- be it further enacted That all goods wares merchandise Quarantine sliall be and other articlcs liable to Quarantine as aforesaid shall be opened and certain places to be aired 111 siicli puicc or placcs aiid lor such time and in such manner as
| appointed by the | shall bc directed bv the Governor of the said Colonv for the time-being |
| tive Council. | With the advicG of the Executive Council by any such Order or Orders to be made as aforesaid and after such Qrders shall have been duly complied with then and in every such case the officer or person in charge of the lazaret or vessel or other place in which the goods ivares and merchandise and all other articles shall have been opened and aired shall grant a certificate to such effect under his hand and upon the same being approved and allowed by the Governor with the advice of the Executive Council then such goods wares and merchandise and |
other
| 1832. | 3° GUL. IV. | No. 1. | 317 |
Quaraul'me.
otlior articles shall he liable to no IVirther restraint or detc'ntion ('ither at tlie port or place where sucli (Quarantine shall luwe heeu perfornied or at any other place within the said Colony and its Oependencies A\ hereto they may he aftcni ards conveyed.
12. And he it further enacted That if any person shall I'risnnsivn-ing i
knowingly or AvilfLilly foi'ge or counterfeit interline erase or alter lAeentive Council hereafter to he made touching (Quarantine or shall ]mlilish any such forged or counterfeited interlined erased or altered eertilicate knowing the same to he forged or counterfeited interlined erased or altered or shall knowingly and wilfully utter and puhlish any such certiticatc Avith intent to obtain the etfect of a true certificate to he given thereto knowing the contents of such certificate to he false he or she shall he guilty of felony.
jiroeure to he forged or counterfeited interlined erased or altered any I'. iony."
ci'rtilicate directed or reipiin'd lo he granted hy an Order of tlie
i:3. And he it further enacted That if any person shall land or ivnniiyon !.eiso„s
| unship or shall moA’e in order to the landing or unshinning theriMif | O | X X | O | (’" o in w | A'{' | I r o m |
| any goods Avares or mercliandise ])ackets packages baggage Aveanng vcss.is | to |
| ap|)arcl hooks letters or other articles from on hoard any vessel liable | Qinttantme |
| to perform (Quarantine as aforesaid or shall knowingly receiAC the same afti'r they haA'e been so landed or unshipped CAcry such person shall |
forfeit and pay the sum of tiA'e hundri'd pounds and if any person or or sectctinpitiicm
persons shall clandestinely convey or st'cretc or conceal for the purpos(>
| of conveying any letters goods Avares or merchandise or other article lino. | ° |
| as aforesaid from any vessel actually jterforming (Quarantine or from tint lazaret or other place Avluaa', such goods Avares merchandise or otlu'r articlcs as aforesaid shall he jauTorming (Quarantine every siudi person so oifending as last aforesaid shall forfeit the sum of one liundred pounds. |
I t. And he it further enacted That all forfeitures and penalties f,.,-rucovw v and
that shall he incurred hv reason of anv otfcncc committed against this npinopnati .u oi
| Act shall and may he recovered hy suit in the Supreme Court of this | ’ |
| Colony in Avhich no essoign or A\ ;igcr of Iuav or more than one impai'- lance shall he granted and evei'y such forfeiture aud penalt}' shall hc'long and he given tAvo-thirds to the person Avho shall inform and sue for the same and the remainder to ll is Majesty ll is Heirs and Successors. |
15. And he it further enacted That in any prosecution suit Answora of pwsons
| or other proceeding against any person or persons AvhatsocA'cr for v̂ saeis 'sil.un)e’̂ anv ()llen(;e against this Act or ani'- Act a\ hieh may hcrealter he ilusschI leccivcdus evidenco | ' | ■ | f. | S | 1 | T | I T | /• | ̂ | ill certain eases. |
eoncernmg (Quarantine or lor any l)reach or disobedience oi any (Jnu'r or Orders Avhicli shall he made hy the GoAX'rnor of tlie said Colony for the time-heing Avith the advice of the Executive Council concern ing Quarantine and the prcjvention of infection and notified as afore said the statement or statements ansAver or ansAvt'rs of the commander master or otlu'r person having charge of any vessel made as hercin- hefore is directed to the pilot or person hoarding or conducting such vessel shall he given and received as caI deuce so far as the same relates or i-date to the place from Avhich such Aossel shall arrive or come or to the place or placcs at Avhich such vessel touched in the course of the  oyage and that such  essel Avas liable to Quarantine unless satisfactory proof shall he produced hy the defendant in any such prosecution suit or other proccL'ding lo sIicav that the vessid did not arrhu! from or touch at any sueh place or placcs as is or are mentiom'd in the said statement or stateimmts ansAver or ansAvers or that such vessel although directed to perfonu Quarantine Avas not liable to the jierformanco thereof and A\Tiere any such  essel shall liaA C in fiict hcLUi put under (Quarantine at any port or place hy the Superintendent of
| . | (Quarantine |
| 318 | No. 2. | 3" GUL. IV. | 1832. |
| Courts o f Requests. |
Quarantine or his assistant or other Oflicer of Customs authorized as aforesaid to act in that behalf and shall actually l)e performing the same such vessel shall in any prosecution suit or other proceeding against any joerson or persons whatever for any otTence against this Act or any other Act which may hereafter be passed concerning Quarantine and the prevention of infection or any Order or Orders which shall he made hy the Governor of the said Colony for the time being with the advice of the Executive Council as aforesaid he deemed and taken to he liable to Quarantine without proving in what manner or from what circumstance such vessel became liable to the perfor mance thereof.
General issue and 10. And be it further cnacted That if any action suit or hmitation of actions other proceeding shall he brought or prosecuted against any pilot
superintendent constable or other person or persons for any matter or thing done since the twentieth day of this instant duly in pursu ance of any Order of the Governor of the said Colony made ibr the preventing the introduction of any such infectious disease as aforesaid or which shall at any time hereafter he done during the continuance of this Act or Ordinance in pursuance of the provisions thereof the defendant or defendants in every sueh action suit or other proceeding may plead the general issue and may give this Act and the special matter in ev idence in any trial to he had thereupon and if the vcirdict shall 1)0 for the defendant or defendants in any such action suit or other proceeding or if the plaintiff or plaintiffs be nonsuited or discon tinue his her or their action or suit after the defendant or defendants shall have appeared or if upon demurrer judgment shall he given against such plaintiff or plaintiffs the •defendant or defendants shall have treble costs and shall have the like remedy for the same as any other defendant or defendants hath or have in any other case to recover costs hy laAV and that no such action suit or other proceeding shall he brought against any person for any matter or thing done since the said twentieth day of July as aforesaid or which shall here after he done in pursuance of this Act or Ordinance but within the space of six months after such matter or thing shall have been done.
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