Quarantine Act 1877 (SA)

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ANNO QUSDKAGESIBIO ET QUADRAGESIMO PRIM0

A.D. 1877.

An Act to amend the .T,'ln'ws relat iy to Qunmntine.

[Assented to, 21 st December, 1877.1

HEREAS it is expedient to mend the Laws now in force Preamble.

respecting Quarantine-- Be it therefore Enacted by the Governor of the Province of South Austmlia, with the advice and consent of the Legislative Council and EIouse of Assembly of the mid Province, in this present Ir'arliament assembled, as follows:

1. This Act may be cited for all purposes as "Th-c Quarantine Act,

short title.

1877,"

A

2. Act No, 3 of 1850 shall be and the same is hereby repealed,

Repeal.

3. If the Governor shall by .Proclamation notify that any place

beyond the seas is infectcd with small-pox, cholera, or other in- fmm placer

fectious or contagious discasc, and that it is probable such disease PY mfected, th6Governor and pemons m

vessels,

passengers

goods:

arriving

?nd

may be brought from such place to South Australia, immediately navb, eammunica- after such notification all vessels whatever arriving from or having ~!;l~tI,h~~~P be touched at any such place, and all vessels and boats receiving any quarantine.

person or thing whatsoever from or out of any vessel so coming from or having touched at such infected place as aforesaid, whether such person or thing shall have come or been brought in such vessel, or such person shall have gone or have been put on board the same either before or after the arrival of such vessel at any place in South Australia, and whether such vessel was or was not bound to any place in South Australia; and all persons and things whatsoever on board of any vessel so coming from or having touched at such infected place its aforesaid, or on board of any such receiving vessels or boats as aforesaid, shall be liable to quarantine within the

meaning

40' & 41' VICTORIB, No. 64.

The Quarantine Act.-1877.

meaning of this Act, and of any order made by the Governor and notified by Proclamation concerning quarantine and the prevention of infection from the time of the departure of such vessels from such infected place as aforesaid, or from the time such persons or things

shall have been received on board respectively.

M

N o person or thing to

4.

All such vessels and boats as aforesaid, and a11 persons (as well vessels or boats from such infected place as aforesaid, or going or being put on board the same either before or after the arrival of such vessels or boats at any place in South Australia, and a11 persons and things as aforesaid on board such receiving vessel or boat as aforesaid shall upon their arrival at any place in South Australia be required to perform quarantine in such places for such time and in such manner as shall be from time to time directed by the Chicf Secretary until such vessels and boats, persons and things as aforesaid shall have respectively performed and shall be duly discharged fram quarantine; no such persons or things shall either before or nftcr the arrival of such vessels or boats at any place in South Australia 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 auy such place unlcss in such manner, and in such cases, and by such licence as shall bc directed

be put on shore until

after due performance pilots

others) and all things whether coming or brought in such

of quarantine.

or permitted by any such ordcr as aforesaid.

Vesaela coming from

5, All such vessels or boats, whether coming from such infected and all persons (as well pilds as others) and things as aforesaid, 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 place in South Australia, and all masters

infected places to bo

place as aforesaid or being otherwise liable to quarantine as aforesaid,

subject

to the orders

of Governor.

01 other persons having the chargc or conimand of any such vessels

or boats, whether cornng from any infected place or being otherwise liable to quarantine as aforesaid, shall be subject to all the provi- sions, rules, regulations a i d restrictions, contained in this Act or in

any orders which shall be made bp the Governor as aforesaid, con-

cerning quarantine and prevention of infection.

Punishments fat-

6 The Governor may in any order niadc undcr the provision9 of this Act, attach a penalty not exceeding the slim 01 Fifty Pounds, or a liability to imprisonment for. any term not exceeding three months to thc disobedience of such order, or breach of any

b " a c h O f r e @ ~ f G

of the regulations therein contained; and the person disobeying

any such order, or breaking any such regulations, shall be punishable thercfor as if such penalty or term oi imprisonment provided as aforesaid had been provided by this Act as the pullishment for the offence committed by such person; and when no penalty or term of -imprisonment, provided as aforesaid had been provided by this Act :as the punishment for the offence committed by such person, and when no penalty or term of imprisonment shall be provided by sdch

corder as aforesaid for disobedience thereof, or for breach of any regu-

lation

40' & 41' VICTORIZ, No. 64.

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The Quarantine Act.1877.

lation therein contained, the person so offending shall forfeit and

pay for every such offence a sum not exceeding Twenty Pounds.

7. The Governor may make such order as shall be deemed Power of the G o w -

nor to prevent infec-

expedient upon any unforeseen emergency, or in particular cases, tion in cases of emer-

cut off all communication between any persons infected with any such disease and the rest of Her Majesty's subjects as shall appea,r necessary and expedient for that purpose; and may likewise make such orders as the Governor may deem fit for shortening the time of quarantine to be performed by particular vessels or particular pcrsons or things, or for absolutely or conditionltlly releasing them or any of them from quarantine: and all such orders so made as aforcsaid, slvall be as good, valid, and effectual to a11 intents and purposes, as well with respect to the master or other person having charge of any vessel and all other persons on board the same, as with respect to any other persons having any intercourse or com- munication with them, and to the peldties and punishments to which they may respectively become liable, as any order concerning quarantine, made by the Govcrnor and notified as aforesaid: Pro- vided, however, that all unnecessary hardship or inconvenience may be prevcnted, it shall bc lawful for thc Governor to allow such persons suffering from contagious or infectious diseases to be visited

with respect to any vessel arriving and having any such infcc- gency.

tious or contagious disease on board, or on board of which any

such infectious or contagious disease may have appeared in the

course of the voyage, o r arriving under any other alarming or

suspicious circumstances as to infection or contagion, although such

vesscl shall not have arrived from any place from which thc G overnor

may have declared it probable that any such infectious diseasc

may Fe brought; and also with respect to the pcrsons and things

as aforesaid on board the same, and may rcquire all or any persons

on board of any such vessel to be vaccinated. In case of any such

infectious disease appearing or breaking out in South Australia, the

under the recommendation or request of the Colonial Surgeon or of

by their friends, relations, or privatc medical adviscr at any time,

the President of the Board of Hcalth.

8. The Governor may from time to time, by any order notified by Governorto appoint

Proclamation, appoint certain S tations or places within or near any ~:;;~f"o;~P.",la~es

harbor or place within South Australia, for the performance of quaran- quarantine.

tine under this Act, where allvessels liable to quarantine,and the crews,

passcngers, and persons on board thcreof s l d l perform the same; and

also, if necessary, appoint lazarets and other places where the crews,

passengers, and other persons, and the things which shall or may be on

board the said vessels shall be detained and kept for the performance

of quarantine. All persons liable to perform quarantine, and all persons

having had any intercourse with them (whether in vessels, or in a lazaret,

or elsewhere), shall be subject, during the time they are liable to quar-

antine, to such ordcrs as they sI~a.11 receive from the person in charge

of such station, lazaret, or place, or his assistant; and the said officers

are

The Quarantine Act.-1877.

are required to cnforce all necessary obedience to the said orders, and in case of necessity, to call in others to their assistance; and such officers shall compel all pcrsons liable to quarantine, and persons having had any intercourse with them, to repair to such station, lazaret, or place; and if any person liable to perform quarantine, or any person having had any intercourse with him, shall wilfully refuse or neglect to repair, when required by such officers or either of them, to the said station, lazaret, or place appointed, or having been placed in the said station, lazarct, or place, shall escape, or attempt to escape out of the same before quarantinc duty performed, the said officers, or either of them, and also the watchman and othcr persons appointed may, by such necessary force as the case shall require, compel every person so refusing, or neglecting, escaping, or attempt- ing to cscape, to repair, or rcturn to such station, lazaret, or place; and every person so refusing, or neglecting, and also every pcrson actually escaping, shall forfeit a sum not exceeding Two Hundred Pounds, or in default of payment shall be imprisoned for any period not exceeding six months.

NO boats or persane

9. No person shall with any boat whatever, other than the boat belonging'to th. pilots, t h ~

to communicate with

PO&

Office, tllc police, and the Customs.

vessels until visited

by Health Officer.

board or go alongside of any vessel arriving in any harbor of the said Province from any place other than those cominrr: within the exemp- tion contained in last preceding section, ungl such vcssel shdl have been boarded by the Health Officer, and the vkiting flag shall have been hauled down; and r).o person other than L?, piht shall go on board such vessel from any Post Office, police, or Customs boat until such time as aforesaid; and if any pcrson shall offend against the provisions hereof, or if any master of a merchant vessel in harbor shall order, or permit, o~ suffer any of his boats or crew to board or go alongside any such vessel so arriving as doresaid for the purpose of communicati:~g with the persons in any such vessel as last mentioned whilst thc visiting flag shall continw to be flying at thc mast thereof, cvery such master or other pcrson shall for every such offence forfeit and pay a stun not less than Thirty and not

prisoned for any period not exceeding three months.

exceeding Fifty Pounds, or in default of payment, shall be im-

Medical otrlcer may be appointed for 10. In case it shall be deernd necessary by the Governor to

peraone in querantino appoint any medical officer to take chnrgc of aliy ~f the crew and

owners of tho vcssel,

at the of the passengers of a vcssd placcd in quarantine, it shall be competent to

the said Governor to fix the amount of remuneration to be paid to such medical officer for his services, and to cause the same to be paid by the Treasurer, and the amount so paid shall be repaid to the said Treasurer by the owners or agents of such vessel before she shall be permitted to clcar out and leave the port in which she shall then be: Provided that this enactm.ent shall not apply to any vessel chartered by the Government for the conveyance of immigrants.

Proper P ~ O V ~ O ~ S

and

11. It shall be the duty of the owncrs and agents of an? vessel

medicines to be sop-

'

plied for poiaool in

placed in quarantinc to supply the crew and passengers thereof with

quwntiqe,

such

40' & 41' VICTORIB, No, 64.

The Quarantine Act.-1877.

such wholesome ancl suitable provisions and rnedicincs as shall be reqnired by the medical practitioner in charge; and if such provisions and medicines are not forthwith supplicd accordingly, the same may be provided nndrr the order of the Chief Secrctary, and thc cost thereof, including the conveyance of the same, shall be paid by the said owners or agonts into the l~mcts of tlle Treasurer bcforc such vcssel shall be perinittud tu clear out or leave the port in which shc shall then be: Provided that nothing herein contained shall apply to or in respect of immigrants conveyed at the cllarge of the Go- vernment undcr charters by which the owners arc exempted from liability for the maintenance and care of such imn~igrnuts whilst under quarantine.

12. Thc master, or person (excepting the pilot) having the charge Masters and others

of any vcsscl, and the surgeon. dispenser, or other medical officer ~

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of any vessel coming from parts beyond seas, shall give to the person Health Officer.

for the time being authorized to act as the Health Officer, or on behalf

of the Health Officer of the p ~ r t at which such vessel shall arrive, either

alongsirde or on board such vessel as such Health Officer may desire, a

written paper containing a true account of thc name or names of the

place or places at which such vcsscl shall have loadcd, or shall have

touched on the voyagc to South Australia, and of thc health of the crew

and passcngcrs of suchvesscl during thc voyage, and the causc of death

of any person who shall have died on sllch voyagc; and also true

answers to the questions contained in the form providcd by the First

Schedule hereto, or in such othcr form as shall be prescribed from

Schc"U'o*

time to time by the Governor in that behalf, ancl published in the Govwnment Gazette; and shall also truly answer orally any qwstions which may be put to him touching :l11 or any of the matters aforesaid by such Health Officcr.

13. Any mch master or pcrson in charge of such vessel as afore- IF

they fail, guilty of

said, or any such wrgron, dispmwr, or othcr mrdiral officer who shall refuse to answer such qlwstions as shall be so put to him, or shall

make any false answer to any question put to him as aforesaid, shall

be guilty of a misdemeanor, ancl shall, on corzviction thereof, be

imprisoned with or without hard labor for anypc~iocl not exceeding two years, or fined in any sum not exceeding Three Hundred Pouails at the discretion of the Court or Judge before whom he shall be convicted.

14. Such master, or person in charge of such vessel as aforesaid, Inspectionof ahip,

shall permit thc Hralth Officer to inspect any part of

the veswl, and ~

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all or any of thc passengers or crew of such vessrl; any mastcr, or other person in charge of such vessel, refusing to permit tiuch inspcc- tim, or obstructing the Health Officcr thcrcin, shdl for every such offcnce bc liable to a penalty not cxcccding Fifty Pounds, or in default of payment shall be imprisoned for any period not exceeding three months.

15. If it shall appear to the Health Officer that such vessel is not When v e s d not.

liable to perform quarantine, he shall give to the master, or other Liablo to qnarantine

clean bill of health to

person in charge of such vessel as aforesaid, a clean bill of health, be given.

i

40° & 41° VICTORIE, No. 64.

The Quarantine Act.--1877.

Second Schedule.

in the form in the Second Schedule hereto, or in such other form as

shall be from timc to time prescribed in that behalf by the Governor,

and published in the Government Gazette.

m e n quarantine to

16, If it shall appear by the written paper or answers to questions, or by inspection as aforesaid, that s u d ~ vessel shall have arrived from any place notified by the Governor as being infected as aforesaid, or if the Health Officer shall apprehend any dangcr to the public health from the immediate admission of such vessel to entry, by rcdson of there then being, or of there having been during the voyage any infectious or contagious disease on such vessel, or of such vessel having touched at any place where any such disease shall have prevailed, or having communicated with any other vessel on board which any such discase may have existed, such vessel shall be liable to perform quarantine; and such Health Officer shall immehately notify the same to the master or other person in charge as aforesaid, under a penalty of One IIundrecl Pounds for any neglect therein; and the master or othcr person in charge as aforesaid, s h l l immediately after such notice hoist a signal to denote that such vessel is liable to the performance of quarantine (which signal sliall be in the day time a yellow flag of six breadths of bunting at the main topmast head, and in the night timc a large signal lantern such as is com- monly used on board Her Majestv's ships of war, at the mme mast head), and shall keep such signai hoisted until the time when such vessel shall be legally dischqeJ from the performnncc of quaran- tine, and on any and every neglect therein shall incur a penalty not exceeding One Hundred Pourids, or in default of payrnenk shall be imprisoned for any period nct exceeding three months.

be performed.

Penalty on pilot con-

17. If any pilot shall knowingly bring, or cause to be brought

auctingvesselliable or conduct~d,

any YCSSCI

linblc to the performance of quarantine

to quarantine to any

place but that pro-

into any place not specidly appointed for the reception of

vessels so

rided for quarantine.

liable, unless com~elled

theyeto by stress of weather, adverse winds,

or accidents of the sea, he shdi for every such offence forfeit

sum not exceeding Two Hundreds Pounds, or in default of payment

shall be imprisoned for any period not exceeding six months.

Juaticea may order

18. If

any vessel shall arrive from parts bcyond the seas, in any

vessel into quarantine.

port or harbor of South Australia, and if during the voyage there shall have bccn, or at the time of arrival there ~ h a u he on board such vessel, any illfectious or contagious disease, or if such vessel shall have sailed from, or touched at any place during the voyage where any such disease shall have prevailed, or shall have communicated with any othcr vessel on board which any such disease may have existed, and if any legally qualified medical practitioner, or the surgeon or medical officer of such vessel, shall certify in writing that danger may reasonably be apprehended to the public health from the immediate admission of such vessel to entry, any two Justices of the Peace may, by writing undcr their hands, order such vessel into qva- rantine; and every such vessel so placed in quarantine with the contents thereof, and every person on board (whether such person shall belong to or shall have come as a pamenger by such vessel, or shall have

gone on board her after arrival in South Australia) ahall be subject to

40" & 41" VICTORIB, No. 64.

7

The Quarantine Act.-1877.

to the san~e laws, rules, and penalties in all respects as are in force with respect to vessels, prsons, and things placed in quarantine under thc provisions of this Act, until rclcascd thercundcr, or by an ordcr under the hands of the Just,ices of the Peacc making such first mentioned order.

19, Any Justice of thc Peace making such order as aforesaid placed

Vesselhavine;

in quarantine

been

imposing quarantine, and any IIcalth OfEcer ordering any vessel into

be

to the

q~aranfine

as aforesaid, shnll forthwith report the fact that such CLcf Sccretary-

order has been niacle to the CJhicf Xwl.ctnrp in ordcr that further measures may, if necessary, be talcell :~ccor&ng to lam for thc con- tinuance of such vcsscl in quarantine, or the release thcreof.

20. Evcry master or othcr person having chargc of any vessc.1 Masters to delivar>o

which shall be liable to prforrn quarantine as aforesaid, shall, forth- bill of heultb, mrmi.

IIoalth Officer their

with, after his ttrrival :it the place appoiiitcd for the performance of fesh &c-

qu~rantinc, dclivcr on dcrnand to the Hcalth Officer or his assistant,

or other* officer authorized to act in that behalf (and the Ilealth

Officer, assistant, or othcr officcr, as aforesaid, is 1liwl)y required to make such ctcmand), his bill of health and rnaiiifest, togetlwr with his logbook ancl jmwnal, under pain of forfciting a surn riot cxcccd- ing One Hnnclred Polmds if he shall wilfully refuse or neglect to do so, or, in default of payment, of in~prisonment for any pcriod not exceeding three montlis.

21. If any master or other persou being in cha.rg:.c: of any vessel Pcnnlty on mastcra

.

liable to pmforrn rlixt~:antine, shall himself quit, ur shall knowingly $ ~ ~ ~ ~ i ~, $, ~ e p l,

l~errilit

or siltter any person to quit, such vessel by goiilg oil shore, or liablo to qurtrantino.

by going on board any other vcsscl bcfore such quarantine shull bc fully performed (nnlcss by sncah Iicensc as shall be granted by virtue of any orclcrs made by the C+owrnor as aforesaid); or in

case ally mister or person liixving charge of such ship ;hall not O r n ~ t ~ ~ ~ e ~ i ~ g s u ~ h

ve~gels

t o appointed

within a convenient time after due nolice given for that purpose, places.

cause such vessel and the lading thereof to bc conveycd into the

then and in every such case every such master or person, for cvcry place appointed for such vcs~cl and lacliilg to perlorm qunrantine,

such offence, shall forfeit and pay a sum not exceeding Four

Hundred Pounds, or ii: dcfault of payment shall be imprisoned for any period not exceeding six months.

22. If any person conling in any such vcsscl liable to quarantine Penalty on persona

or

any ~ i l o t

or other person going on board the samc, either bcfore quitting such vessels.

or after the arrival of such vessel at any place within South Aus- tralia, shall citllcr bcforc or after such arrival quit such vessel (lulless by such license as aforesaid) by going on shore, or by going on board any other vessel or boat with intcnt to go on shore as dore- said, before such vessel so liable to quarantine as aforesaid shall be regularly discharged from the performancc thercof, any person how- soever may, by any kind of necessary force, compel such pilot or other person so quitting such vessel to return on board the same; and every such pilot or other person so quitting such vessel shall for every such offence suffcr imprisonment for the space of six months, and shall forfeit a sum not excccding Three Hundred Pounds.

23. Any

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40" & 41'

VXCTORIB, No, 64.

The Quarantine Act.-1877.

P m n ~

liable per-

form quarantine may

23. Any person may seize and apprchcnd any person that ~ h d,

be seized.

contrary to the provisions of this Act, have pi t ted or come on shore from any vessel liable to perform quarantine, or who shall have cscaped from or quitted anv vessel under quarantine, or from any lazaret, vessel, or placc apyointcd in that behalf, for the purpose of carrying such person before any Justicc of' the Pcacc; and any Justice of the Peacc may grant his warrant for the appre- hending and conveying of any such person to the vespl from which he shall have come on shore, or to any vessel performing quarantine or lazaret from which he shall have escaped, or for confining any such person in any such place of safc custody (not being a public: gaol), and under such restricticns as to having communication with any other persons as may to such Justice of the Peace appear proper, until such person can si;fely and securely be conveyed to some place appointed for the pe~fo'o'mance of qua- rantine, or until directions can be obtained frmn the Governor as to the disposd of any such person, and may mnke any further ordcr that may be necessary in that Fc:half.

Intercourse with

lazarets and stations

24. The Governor by order, notified by Proclamation, may pro-

allotted for qu.rm.

hibit all persons, vessels, ancl boats from going, under any pretence whatgoevcr, within thc limits of any station which by any order of

the

hibitcd by

be

order

pro- of

Governor.

the Governor as aforesaid has been 07: may bc assigned for thc per- formance of cluarantine; and if any person whosocvcr, after such notification of any such order, shall go within the limits of any such station, he shall for every such 08cncc forfeit and pay si sum not cxcccding Two Hundred Pounds, or in rlefhult of payhlent shall be imprisoned for any period not exceeding six months.

Penalty on persons

25. If m y person ~vhosoewcr, whose duty it may bc to execute any order made OF to be mide conccrning quarantine, and notified as aforesaid, or to see tbe same put in execution, shall linowingly and wilfully be guilty of u y breach or neglect of his duty in respect of the vessels, persons, or things pelftorrning quarantine, every person

neglecting their duty,

so offending shall forfeit and Pounds, or 111 default of paymont shall bc imprisoiled for any period not n sum not exceedin& Two Hundred

cxceedingsix months; and if anysuchpcrson shall desert from his duty

when enlployed as aforesaid, or shall knowingly a.nd ndlingly permit any pcrson, vessel, or thing to depart or be conveyed out of the said lazaret, vessel, or other place as aforesaid, unless by permission under the order of the Governor, or if any person hereby authorized and directed to givc a certificate of a vessel having duly performed quarantine, shall knowingly give a falsc ccrtificatc thereof, every such person so offending s l d l be guilty of felony, and being con- victed thereof shall be liable, at the discretion of the Court, to be

&c.

Or dama@g goode,

imprisoned for any term not exceeding ten years; and if any such pcrson shall knowingly or tvilfully damage any goods performing quarantine under his direction hc shall be liable to pay Onc Hun- dred Pounds damages and costs of suit to the owner of the same.,

formrtnce of quaran-

&%v

proof of per-

26. After quarantine shall have been duly pcrformcd by any

tine ve9,1,

,,,,

vessel or pereon obliged to perform qn~amntine

as aforesaid according

shallbe liable to no

to this Act, and to any order made as aforesaid, the Hedth

l d h m detention.

Officer

PO0 & 41'

VICTORIZ, No. 64.

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The Quarantine Act.--1877.

Officer or person acting for him shdl give a certificate thereof under his hand; and upon the same being approved and allowed by the Chief Sccrctary, every such vessel and all and cvcry such person so having performed quluumtinr shall bc liable to no furtlicr restraint or detention upon the same account for which such vessel or person shall have perf ormccl quarantine as aforesaid.

27. All things liable to q~larantiiie,

as aforesaid,

shall be

opened

G O O ~ S, &C.,

liabla t o

and aired in such placc, and for wch time, and in such mal?ner as ~

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shall be directed by the Govcrnor, by any such order to be certain places to be

made as aforesaid; and after such ordcr shall have bccri duly appointed.

complied with, then, and in cwry such casc, the pcrson in charge of the lazmet, or vessel, or other place in \vhich the things shall have been opened or nircd, shall grant :l certificate to sucli effect under his hand; and upon the same bcing appro~ '~(1 and allowed by the Chief Secretary, thcn such things shall he liable to no further restraint or detention either at the place where such quarantine shall have been performed, or at any other place within South Australia whereto they may bc afterwards conveyed,

28. Jf m y person shall, knowingly or wilfully forge or counter- Persona forging or

f eit, interline, crse, ur dtcr, or laocurt. to be forged or counter- cotCB guilty of felony.

uttering false certifi-

feited. interlinect, erased, or alterod any ccrtific~atc dircctcd or required to be granted by a11 ordcr of thc Govcrnor hcrcaftcr to be made touching quarantine, or s11aI.l 1mblish any swh forged or coun- terfeited, intrrlinccl, erasrxl, or ;dtcrcrl ccrtificatt, knowing the samc to be forgcd or courlterfeited, intcrlincd, crnsd, or altered, or shall knowingly a i d ~vitfull~; nttcr and l~ublish m y such certificatc with intent to obtain tllc cffcct of a true ccrtificnt:: to bc given thereto, knowjng the contents of such certificatc to bt: false, he shall be guilty of felony, and being convicted thcreo1, shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.

29.

If any person shall unlawfully land or unshil), or shall move, in Penalty on pcrsons

landing or receiving

ordcr to the lanclingor unshipping thcreof,;mything from oil board any goods, Pc., from

vcssel liablc to pcrforxn c~nnunn

ti nc a s af oresni d, or

shall knowingly vc~sels

liable to per-

form quarantine, or

receive thc sanx aflrr it ha3 been so 1nn:icd

or unshippcd, cvcry such ,,,,,,ing

them from

pcrson shall forfeit and pap a sum not cxccccliag Fivc Ilunclrcd ves~clsactually

per-

Pounds, or in default of payment shall be inlIlrisorlecl for ally pcriod

forming quarantine.

not exceeding six months; and i P iulv puson s11:~ll

elnililostinely convcy

" A

or sccrctc, o r i o n c d for the purposc of coilrqing anything from any vessel actwally perfol.ming rj?uirantinc, or fl-oin thc lazaret or other plwe where mch thing shall bc pcrforinirrg quarantine, cvcry person so offending as last aforesd, shall forfeit a sum not exceeding One 11unllrfd Pounds, or in default of payment shall bbe irquisogd for any period not exceeding three months.

30, All proceedings under this Act, cscept with regard to any Proceedings tobe

of"ence hereby declared to bc felony, shdl be 1lea;l.d and determined taken before Juutiaos.

before two Justices of the Peace in u summary w-vay, and may be

appealed against iu manr,er provided by Act No. 6 of 1850.

B

31, Where

40" & 42'

YICTQRIB, No. 64.

The Quarantine Act.-1 877.

Idomer to receive

3 1. Where any penalty shall be recovered under any of

the pro-

"

'' p""'LLe'

visions of this Act, one-half of such penalty shall be paid to the informer, and the other half to the Treasurer for the public uses of the said Province.

Limitation of actiona.

32. No action, suit, or other proceeding shall be brought against any person for any matter or thing done in pursuance of this Act but within six months after such matter or thing shall have been

ia@uemay be

done; and if any action, suit, or other proceeding shall be brought

pleaded,

or prosecuted against any person for anything clone in pursuance of this Act, the defendant in every such action, suit, or other pro- ceeding may plead the general issue, and may give this Act and the special matter in evidence in any trial to be had thereupon.

Statementofmastex

33. In any prosecution, suit, or other proceeding against any person for any offence against this Act, or any order of the Governor mttdc thereunder, the stntcmcnts or answcrs made by the master or other person in chargc of any verse1 arriving in South Australia (other than thc pilot) to the Health Officer, shall be received as evidence so far as the same relate to the place from which rsuch vessel shall arrive or come, or to the places at which such vessel touched in the course of the voyage; and that such vessel was liable to quarantine unless satisfactory proof shall be produced by the defendant in any such prosecution, suit, or other proceeding, to show that the vessel did not arrive from or touch at any such place as is mentioned in the said stateaent or answer, or tEiat such vessel, although directccl to perform yuaantine, was not liable is the per- formance thereof; and where m y vesscl shall have bccn in fact put under quarantine at an) place by the Health Officer or his assistant, or by any person. duly authorized in that behalf, and shall be actually performing quarantine, such vessel shall, in any prosecution, suit, or other $oceediug against any person for any offence against this Act, or any order of the Governor made here- under, be deemed and taken to be liable to quarantine without proving in what manner such liability arose.

to be evidence.

A cow of this ~ o t

to

34. Immediately an the arrival in any part of

the said Province

be given t o masters

nn arrival.

of any vessel from beyond seas with sickness on board, or on which

sickness shall have occurred during the voyage, a copy of this Act shall be given to the master by the pilot, or other person boarding - ,. such vessel, together with s copy of any rdcs and regulations then in force.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. F, DRUMMOND JERVOIS, Governor.

THE

400 & aiO vrc~oarx,

NO. 64.

11

The Quarantine Act.-1877.

THE FTRST SCHEDULE.

REPORT

and Answers to Que~tions

as to the arcsent and a r c ~ i o u s

st::te of the Health

of the Passengers and Crew on b o k l the undLrmentioned Veusel.

-

C'i~ubcr

of

Health

Persons

of

Port of

Places at

now

?men-

Name

Departure

which

a Uoitrd

;em and

of Vessel.

or

'esscl har

Crr m

Landing.

touched.

during

ioyage.

Days

Totals.

,. ..

m-

Question No. l-Did

any contagious or infections disease prevail a t t he port from

which you sailed ?

If so, what was the nature of such disease ?

Anawer-

Question No. 2-Have

l o u had any communication with m y infected port or

vearel during the voyage ?

IT so, when and where and wh;.t was the nature of t h ~

disease infecting such port or r e d ?

Answer-

Question No. 3-Have

you any sickness on board at present?

If eo, what is the

nature of the sickness, and what number of cases havc you under treatment ?

Answer-

Question KO.

4-Has

any case of small-pox, or any form of eruptive skin diseape,

fever, scarlatina, plague, cholera, or other infectious or contagious disease, or has any case of any other kind of sickness or disease occurrcd on board during the voyage. If so, state the number of caseti and the dares of attack and convalescence or termination of the first and last cases of each disease ?

Answer-

Question No. 5-Have

the clothes and bedding used by t h o ~ c

persons who have

suffered from infectious or contagious disease during the voyage been either

destroyed or passed through boiling water ?

Answer-

Question No. &-What means (if any) have been adopted for preventing the spread of any infectious or contagious disease which has occurred during the voyage, from the person or persons affected, amongst the other persons on board ?

Answer-

The

Q~taranthe Act.--1877.

THE SECOND SCHEDULE.

Clean Hill of Health granted

to the

master.

Given ul:dcr m y h ~ n d

this

day of

18

Health Officer.

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