Quarantine Act 1853 No 29a (NSW)

No. XXIX.

Quarantine . All Act to 1̂11011(1 tho Quamiitiiie Liiws ill Certain

particulars. [24 /̂i October, 1853.]

Preamble. Laws relating to Quarantine require amendment

V V as hereinafter provided Be it enacted by His Excellejicy the

Governor of New South Wales with the advice and (*onsent of the

Legislative Council thereof as follows :—

Every Commander

Master &c. of any 1. Every Commander Master or other person having the charge

vessel arriving from	of any vessel arriA'ing at any port in the said Colony from parts beyond
parts beyond seas	the seas aaL o shall neglect or ladiist* to gHe to the Pilot Health Officer

questions put to him Or persou lioai'diug or conducting any such vessel as	aforesaid such
by Pilot &c. as to

health of crew and	Avritten paper as is required by the fourth section of the Quarantine
irassengers	Act passed in the third year of the reign of His late Majesty King
and failing so to do
to be deemed guilty	William the Eourth or who shall deliver any such written paper as is
of a misdemeanor.	required by the said enactments AA'ith any false statement contained therein or Avho shall Avilfully omit to make therein any statement required by the said Act or Avho shall make any false answer to any such questions AA'hicli may he put to him by such Pilot or person hoarding or conducting such vessel as aforesaid shall he guilty of a misdemeanor and shall on conviction he imprisoned with or without hard labor for any period not exceeding two years or fined in any sum not exceeding three hundred pounds â the discretion of the Court or Judge before whom he shall be convicted.

Surgeon Dispenser 2. The Surgeoii Dispenser or other Medical Officer of (;very SuudlVuestiras as sucli A'csscl sliall truly aiiswci’ all such questions as sliall he put to

passengersto health of crew and him by sucli Pilot Health Officer or other person as aforesaid touching

the health of the crcAV and passengers of such vessel during the voyage and the cause or causes of the death of any person Avho may have died on lioard or of any of the passengers or crew who may have died on shore in the course of the A'oyage and touching tin' existence of any infectious or contagious disease at any port or place from which such vessel shall have come or at which it shall have touched.

And failing so to do_ . 3. Any such Surgeon Dispenser or other Medical Officer Avho

ofamisdmneanor. ̂ shall rcfusc to answci* SAich questions as shall he so put to him or shall make any false ansAver to any question put to him as aforesaid shall be guilty of a misdemeanor and shall on conviction he imprisoned Avith or Avithout hard labor lor any period not exceeding I avo years or fined in any sum not exceeding three hundred lAOunds at the discretion of the Court or Judge before Avhom ht> shall h(' convicted.

"Words “ persun t. The Avords “ person hoarding any such vessel’' as the same

veesek tô be heid'̂ uscd ill the Said in part recited Act shall he held to apply to any

Health

1853.	i r VIO.	No. 29.	2749
Quarmitine.

Health Officer appointed by the said Governor and to any otlicr person apply to the Health

appointed by tlu ̂ said Governor to board any vessel arriving in any

port in tlie said Colony whether snch Health Officer or other person

shall actually hoard such vessel or shall only go alongside the same

and demand snch written pa]>er or put sucli qtiestions as aforesaid

without such actual hoarding.

5. Tlie provisions of tlie seventh section of the Quarantine Act Amending provisions ])assed in tiie third year of the reign of His Majesty King William the as to'm'rest'of perl l^ourth sliall be deemed to apply to all vessels and ])ersons liable to sons liaUe to perform perform Quarantine notwithstanding that no such Proclamation as is

mentioin^d in the sixth section of tliat Act sliall have been issued.

G. No vessel arriving in the Harbour of Port Jackson from Vcssids not to pass

parts beyond the seas except as jirovided by the next section liereof iii

respect of vessels from the Australasian Colonies shall be brought vessels imta boarded

higher up the Harbour than Pinchgut Island nor shall any person!'^

wliatsoever quit such vessel until tlu' same shall have been boarded by

the Health Officer and admitted to jiratique and if any ])erson shall

offend against the provisions of this enactment he sliall on conviction

of such offence before any two Justices of the Peace forfeit and pay

any sum not exceeding one hundred pounds.

7. The provisions contained ill the last ])reccding clause shall Exemption of vessels

not nor shall the provision contained in the eighth section of the ÂsUafianTofoî ŷ

Harbour Act passed in the seventh year of Her present Majesty’s

reign requiring a blue flag to be hoisted andkcjit flying ajdply to vessels

arriving fi'om any of the Australasian Colonies including Ncav Zealand

unless at the time of the arrival of any such v'essel or within fourteen

days previously thereto there shall be or shall have been an infectious

disease on board thereof or unless a Proclamation shall have been Unless contagious or

issued by the Governor with the advice of the Executive Council under Toard at%fmrof or

the first section of the said recited Act requiring in consequence of the arrival

existencc oi any mleetious or contagious disease in any om; or more tion issued under a

of the Australasian Colonies that vessels arriving therefrom should be Win.iv. No. is.i.

placed in Quarantine in either of which cases the said provisions

respectively shall apply to such vessels and to all persons on board

thereof in the same manner as to vessels not arriving from any of the

Australasian Colonies.

8. No person shall with any boat whatever other than the boat Prohibiting boat.?

belonging to the Pilots the Post Office the Police and the Customs

l ioard or go alongsicle of any vessel arriving in the Harbonr of Port visited by Health

J ackson from any place other than those coming within the exemption

contained in the last preceding clause until such vessel shall liave

lieim hoarded by the Health Officer and the visiting flag shall have

been hauled down and no person other than a Pilot shall go on board

such vessel from any Post Office Police or Customs boat which shall

have gone alongside until such time as aforesaid and if any person

shall offend against the jirovisions hereof or if any Master of a merchant

vessel in harbour shall order or permit or suffm* any of his boats or crew

to board or go alongside any such vessel so arriving as aforesaid for the

purpose of communicating with the persons in any such vessel as last	•
mentioned Avhilst the visiting Hag shall continue to be flying at the mast thereof every such master or other person shall for every sdich offence on conviction thereof before any two Justices of the Peace forfeit and pay a sum not exceeding fifty pounds..

9. In case it shall be deemed necessary by the Governor with Medical Officer may

the advice of his Executive Council to appoint any Medical Officer to

take charge of any of tJie ci’cav and passengers of a vessel pfaced m at the cost of tiie

Quarantine it shall be competent to the said Governor xvith such advice vessel,

to fix the amount of remuneration to be paid to such Medical Olficer

for his services and to cause the same to he paid by the Colonial

Treasurin'

2750 No. 30. VIO. 1853.

Folice Recruiting.

Treasurer and the amount so paid shall be repaid to the said Colonial Treasurer by the owners or agents of such vessel before she shall be permitted to clear out and leave the port in which she shall then be Provided that this enactment shall not apply to any vessel chartered by the Government for the conveyance of immigrants.

Proper provisions 10. It shall be the duty of the owners and agents of any vessel

suppS'^rpersoL pl^ccd in Quarantine to supply the crew and passengers thereof with	and medicines to be
in Quarantipe. sucli wliolcsomc and Suitable provisions and medicines as shall be

required by the Medical Practitioner in charge and if such provisions and medicines are not forthwith supplied accordingly the same may he provided under the order of the G overnor and the cost thereof including the conveyance of the same shall he paid by the said owners or agents into the hands of the Colonial Treasurer before such vessel shall be permitted to clear out or leave the port in which she shall then he Provided that nothing herein contained shall apply to or in respect of immigrants conveyed at the charge of the Government under diarters by winch the owners are exempted from liability for the maintenance and care of such immigrants whilst under Quarantine.

Governor and

Executive Council 11. I t shall be lawful for the Governor with the advice of the

to make regulations	Executive Council to make such rules and regulations as to His
for observance by
persons in Quaran­	Excellency and the said Council shall seem meet for observance by
tine.	the masters ofiicers and crews of vessels in Quarantine and by the passengers and all other persons whomsoever whilst performing Quarantine on board such vessels or on shore and by such rules and regulations to impose such fines or penalties not exceeding twenty pounds in any case as the said Governor and Executive Council shall think fit and all such fines and penalties shall he recoverahh; before any two Justices of the Peace at any time within two montlis after the offenders shall have been released from Quarantine.

Copy of this Act and 12. A couv of tliis Act aiid of the said recited Act and of the

t* O W T 1 \T I X 4/

andof 5 vil’No. 12-^ct for amending the same passed in the fifth year of Her present

to be given to Master Majesty’s reign shall he given by the Pilot or person boarding anyon arrival. " ...... ' such vessel to the Master thereof immediately on her arrival in any such port.