Quarantine Act 1897 (NSW)

Act No. 25, 1897.

Quarantine. An Act to consolidate the Laws relating* to

Quarantine. \^tli December, 1897.]

" |3 E it enacted by the Queen’s Most Excellent Majesty, by and w ith I / the advice and consent of tlie Legislative Council and Legislative

Assembly of New South Wales in Parliam ent assembled, and by the authority of the same, as follows :—

PA R T I.

Preliminary.

Short title 1. This Act may be cited as the “ Q uarantine Act, 1897,” and

and division. is divided into Parts, as follows:—

PA R T	I .—Preliminary.—ss. 1-3.
PA R T	I I .— Quarantine stations.—ss. 4-5.

PA R T I I I .—Liability to quarantine.—ss. 6-11.

PA R T IV .—Proceedings on arrival o f vessels.—ss. 12-20.

PA R T V.— Performance o f quarantine.—ss. 21-32.

PA R T V I.—Miscellaneous provisions.—ss. 33-37.

Act No. 25, 1897. 195

Quarantine.

2. ( i ) The Acts mentioned in the Schedule to this A ct arc hereby Eopc.u of Acts,

repealed.	Scinduie.
(ii) All rules, regulations, and orders made under the authority of any A ct herehy repealed and being in force a t the time of the passing of this A ct shall he and continue in force hereunder, and shall he deemed to have been made under this Act.

3. In this Act, unless the context or subject m atter otherwise intorprdntinn.

indicates or requires— 5S vic. No. 2, s. 2.

“ Board” means the Board of H ealth incorporated by the Noxious Trades and Cattle-slaughtering Act, 1894.

BAHT I I .

Quarantine stations.

4. The Governor may by proclamation published in the Gazette Govcnior moy

appoint places in New South W ales to he stations for the perforniance

of (piarantine by all vessels, persons, and things liable to perform mance of (nmiMntine.

quarantine. ^

5. (i) The Governor may by proclamation published in the GoTomor may

Gazette prohibit all persons, vessels, and boats whatsoever from going

under any pretence whatsoever w ithin the limits of any station lazarets,

appointed by the Governor for the performance of quarantine as afore-	s- s.
said.
(li) I f any person whatsocA'cr, after the publication of such proclamation, presumes, under any pretence whatsoever, to go Avithin the limits of any such station, he shall for every such otfence forfeit the sum of tAVO hundred pounds.

PA R T I I I .

LiahlUti) to quarantine.

6.                  (i) W henever any vessel arrives in any port or harbour in Conditions inToiving

New South Wales, and _ _ _ ' . quamnUnl

[ а ) there is at the time any infectious or contagious dis(;aso on hoard such vesse l; ^

or 58 â c. No. 2, s. 6.

(б)

there has been during the A 'o y a g c of such vessel any infectious

or contagious disease on hoard ; or

(c)

such Anssel has during the voyage communicated Avith any other Anssel on lioard Avhich any infectious or contagious

disease ex isted ; or

[d) such vessel has during the voyage touched a t any port or

place AAdicre any infectious or contagious disease prevailed; or

(e)

196   Act No. 25, 1897.

Quarantine.

(e) such vessel has arrived from or after having touched at any­ place beyond the seas, and the Governor has by proclamation notified th a t such place is infected vdth any infectious or contagious disease highly dangerous to the public health, and th a t it is probable tha t such disease may he brought from such place to New South Wales,

then such vessel shall be and be deemed to have been liable to quaran­ tine within the meaning of this Act, and of every proclamation of the Governor concerning quarantine and the prevention of infection, from the time the infectious or contagious disease broke out on hoard such vessel, or from the time such vessel communicated with such other A êssel as aforesaid, or from the time such vessel touched at such port or place as aforesaid, or from the time such vessel sailed from or touched a t such place beyond the seas, as the case may he.

Such liability shall equally extend to and he incurred by— every person whatsoever who, for any purpose whatsoever, is on hoard such vessel at the time of her arrival in New South Wales, or was on hoard such vessel at any time before her said arrival and after she became liable to quarantine as aforesaid, or goes on board such vessel at any time after her said arrival and before she is discharged from quarantine or from the performance thereof as hereinafter m entioned;

(ii)

{a)

(i)   every article whatsoever on board such vessel a t the time of her arrival in New South Wales, or th a t was on hoard such vessel a t any time before her said arrival and after she became liable to quarantine as aforesaid, or th a t is brought on board such vessel a t any time after her said arrival and before she is discharged from quarantine or from the performance thereof ;

(^)	every vessel or boat receiving from such vessel any person whatsoever liable to quarantine, or any article whatsoever liable to quaran tine ;
(d)	every person whatsoever, and every article whatsoever on board such receiving vessel or boat, at the time of receiving the person or thing liable to quarantine, or tha t goes or is pu t on hoard such receiving vessel or boat at any time after she so receives and before she is discharged from quarantine or from the performance thereof.

Board may order	7.	(i) I t shall be lawful for the board by its officers to order
vessels into

quarantine.	into quarantine any vessel liable to quarantine as aforesaid :
58 Vic. No. 2, 0. 6.	Provided that, except in the case mentioned in section six, subsection (i) (c), no such order shall he made unless danger to the public health may reasonably be apprehended from the immediate admission of the vessel to entry.

( i i ) The hoard may take such further measures for the

continuance of the vessel in quarantine, or for the release thereof, as

may be judged expedient. 8 .

Act No. 25, 1897. 197

Quarantine.

8 . W henever the hoard orders a vessel into quarantine, then Effect of order.

{ a ) such vessel; and 3 Wm. iv. No. i, s. i.

(1)) every person whatsoever liable to quarantine in virtue of the liability thereto of such vessel, as aforesaid ; and No. 2, s. 0.

(c)	every article whatsoever liable to quarantine in virtue of the liability thereto of such vessel, as aforesaid ; and
(d)	every vessel or boat receiving or ivliicli has received from such vessel any person whatsoever liable to quarantine, or any article whatsoever liable to quarantine, as aforesaid ; and
(e)	every person whatsoever and every article ivhatsocvcr liable to quarantine in virtue of the liability of such receiving vessel or boat, as aforesaid

shall perform quarantine according to this Act, and to every procla­ mation of the Governor concerning quarantine and the prevention of infection.

9. (i) A ny commander, master, or other person being in Penalty on masters,

charge of any vessel liable to or ordered into quarantine who h i m s e l f 3 Wm.ivNo. i,8.6.

quits, or knowingly suffers any person whatsoever to quit such vessel before such vessel has been regularly discharged from the performance of quarantine (unless under any license granted by the Governor) shall, in every case for every such offence, forfeit the sum of four hundred pounds.

(i i ) Whosoever, coming in any vessel liable to or ordered Or other persons

into quarantine, or going on hoard the same before or after her arrival, ^ oTordlred into*̂ '*

quits such vessel (either before or after her arrival) before such vessel quarantine,

has been regularly discharged from the performance of quarantine,

shall, for every such offence, he imprisoned for the term of six months,

and shall forfeit the sum of three hundred pounds.

( ill) I t shall be lawful for any person whatsoever by any Persons may be

kind of necessary force to compel any such person quitting any such	return,
vessel to return on hoard the same.

(iv) The word “ quit ” in this section shall include going on Meaning of “ quit.”

hoard any other vessel.

10. (i) I t shall he lawful for any constalile or any other person Persons liable to

to seize and apprehend any person whatsoever who has, contrary to the

provisions of this Act, quitted or come on shore from any vessel liable ̂ 7

to quarantine, or who has escaped from or quitted any vessel under 17 y;;, ]sro. 29, s. 5.

quarantine, or any vessel, or place appointed in that behalf, for the

purpose of carrying such person before any justice of the peace.

(i i )    A ny justice of the peace may grant his warrant for the

apprehending and conveying of any such person to the a'cssoI or place which he has so quitted, or for confining such person in any such place of safe custody (not being a pulilic gaol), and under sucli restrictions as to having communication with any other persons, as may in the discretion of such justice of the peace appear to be proper,

until

198   Act No. 25, 1897.

Quarantine.

■until such person can safely and securely be conveyed to some place appointed for the performance of quarantine, or until directions can he obtained from the Governor as to the disposal of snch person, and may make any fu rther order th a t may be necessary in tha t hehalf.

Penalty for lauding 11. Whosoever lands or unshqis, or moves with in tent to land

or receiving goods

liable to quarantine.	or unship, any article whatsoever from any vessel liable to quarantine,
3 Wm. IV No. 1, 9.	or knowingly receives the same after it has been so landed or unshipped
13.	shall forfeit the sum of five hundred pounds.

PA R T IV .

Proceedings on arrival o f vessels.

Masters of vessels, , 12. (r) Every commander, master, or other person having the piiortho*piaccrat*° cliarge of any vessel arriving at any port in New South Wales from parts winch they loaded bcvoud tlic scRs shall givc to thc pilot 01’pcrsou hoarding or conducting answer all questiona siicli Ycssel, OY to any persoii appointed by the Governor to board such orth7*̂ crew vcssel, a Written paper containing a trne account of the names of the

passenger ™ placc and countiy at udiich such vcssel loaded, and also of all the places

n id . B. 4. a t which such vessel touched on the voyage out to New South Wales, 17 Vic. No. 29, s. 4. and shall tru ly answer all such questions as are put to him by such

pilot or other person touching the health of the crew and passengers of such vessel during thc voyage, and thc cause of the death of any person, should such have taken place on board, whether such appointed person actually hoards such vessel, or only goes alongside the same and demands such paper or puts such questions as aforesaid w ithout such actual boarding.

And failing so to do, (i i ) Any such commander, master, or other person having

to be deemed gniltv ̂ n -i i i

of a misdeoioanou/ cliai’ge of ally sucli vcssel, who

Hid. s. 1.	(a) neglects or refuses to give such w ritten pajicr ; or
(b) delivers such w ritten paper w ith any false statem ent contained

therein ; or

(c) wilfully omits to make in such written paper any statement required by this A c t; or

(d) makes any false answer to any such question,

shall be guilty of a misdemeanour, and shall on conviction be imprisoned witli or w ithout hard labour for any period not exceeding two years, or fined in any sum not exceeding three hundred pounds, a t the discretion of the court or judge before ivliom he is convicted.

Copy of this Act to 13. ik copy of this Act shall be given by the jiilot or person

arrival. vessel to the master thereof immediately on her

Hid. 8.13. arrival in any such port. 14.

Act No. 25, 1897. 199

Quarantine.

14.    (i) The surgeon, dispenser, or other medical officer of every Surgeon, &c., to truly

vessel arriving at any port in New South W ales from parts beyond llic

seas shall tru ly answer all such questions as are p u t to him by such pilot and passengers, &c.

or other person as aforesaid, touching thc health of the crew and i7 vie. No. 29, s. 2.

passengers of such vessel during thc voyage, and the cause or causes

of thc death of any person who may have died on board, or of any of

thc passengers or crew who may have died on shore in the course of

thc voyage, and touching the existence of any infectious or contagious

disease at any port or place from which such vessel has conic or at

which it touched.

( i i ) Any such surgeon, dispenser, or other medical officer And failing bo to do

who refuses to answer any snch question so pu t to him, or

any false answer to any such question, shall he guilty of a misdc-	̂ 3
mcanour, and shall on conviction he imprisoned with or ivithout hard labour for any period not exceeding two years, or fined in any sum not exceeding three hundred pounds, a t thc discretion of thc court or judge before whom he is convicted.

15.    (i) W henever any vessel arriving at any port in New South pilot to gUe notice

Wales from parts beyond the seas has come from any place proclaimed wssei

by the Governor as infected as aforesaid, thc pilot or person hoarding proclaimed part,

or conducting such vessel shall immediately give notice thereof to the 3Wm. ivno. i,s.4.

commander or other person in charge of such vessel, on pain of

forfeiting thc sum of one hundred pounds for any neglect therein.

(i i ) Upon receipt of such notice, snch commander or other Master to hoist 1

person in charge shall immediately hoist a signal and shall keep such signal hoisted until such vcssel is legally discharged from thc perform­ ance of quarantine. Such signal shall be, in the day-time a yellow flag of six breadths of bunting at thc main topmast head, and in the night-tim e a large signal lantern at the same mast head.

(in ) Any commander or other person in charge of any such Penally,

vessel who, after receiving such notice, fails to hoist or keep hoisted such signal as aforesaid shall forfeit for every such offence the sum of one hundred pounds.

16. The provisions of subsections (ii) and (iii) of the next aii vesseiB ordered

preceding section shall apply to every vessel ordered into quarantine

and to thc commander or other person in charge of such vessel, from the 5 3	2 , s . 6 .
time Avhen such commander or other person receives notice of such order.

17. Any pilot who, after receipt of such ivritten paper as afore- pilot to incur pcn.aity

said, whereby it is made to appear tha t the vessel is liable to quarantine,

or w ithout requiring and receiving such written paper, brings or causes liable to quarantine,

to be brought or conducted any  cssel liable to quarantine into any place 3 Wm. iv No. 1. s.4.

not specially appointed for the reception of vessels so liable, shall, unless

compelled thereto by stress of weather, adverse winds, or accidents of

thc sea, for every such offence forfeit thc sum of two hundred pounds.

200   Act No. 25, 1897.

Quarantine.

Vessels not to psB 18. (i) No vessel arriving in any poit or liarbour in New South

granted W ales foom parts beyond tbe seas shall, un til boarded by tbe bealtb

17 Vic. No. 29 .8 .6 . officer and granted pratique, be brought higher up such port or harbour 58 Vic. No. 2, ss. 4 ,5. than such spot or place in such port or harbour as tbe Governor may,

by proclamation to be published in the Gazette, specify as the lim it for

such vessels.

Persons not to quit ( i i ) No person whatsoever on board any such vessel shall

vessels.

quit such vessel until pratique is granted as aforesaid.

Penalty. (m ) "Wliosoever offends against either of the above pro­ visions of this section shall, on conviction before any two justices of the peace, forfeit any sum not exceeding one hundred pounds.

Exemption of TesEciB 19. The provisious Contained in the last q>receding section shall Au9traiaskTc°d™y.’̂ o ̂ ^Pply to vBssels arriving from any of thc Australasian Colonies,

17 Vic. No. 29,9. 7. including New Zealand, unless—

(a) at the time of the arrival of any such vessel, or within fourteen days previously, there is or has been an infectious or contagious disease on hoard thereof ; or

{b) any such vessel arrives from any port or place in any of the said Australasian Colonies proclaimed by the Governor as infected as aforesaid.

Boats not to go	20.	No person shall w ith any boat whatever, other than the
alongside vessels

until health-officer	boat belonging to the pilots, the post-office, the police, and the customs,
has boarded.	hoard or go alongside any vessel arriving in any port or harbour in

H id. 9. 8. New South W ales from any place other than those coming within the

58 Vic. No. 2, s. 5.

exemption contained in the last preceding section, un til such vessel has been boarded by the health-officer and the visiting-flag has been hauled dow n; and no person other than a pilot shall go on hoard such vessel from any post-office, police, or customs boat which has gone alongside un til such time as aforesaid.

Penalty.

Whosoever offends against the provisions of this section, or, being a master of a m erchant vessel in any such port or harbour, orders, or permits, or suffers any of his boats or crew to board or go alongside any such vessel so arriving as aforesaid for thc purpose of communi­ cating w ith the persons in such vessel whilst the visiting-flag continues to he flying a t the m ast thereof, shall, for every such offence, on con­ viction before any two justices of the peace, forfeit a sum not exceeding fifty pounds.

PA ET

Act No. 25, 1897. 2 0 1

Quarantine.

PA E T V.

Performance o f quarantine.

21. Any commander, master, or otlier person in charge of any penalty on masters

vessel ordered into quarantine as aforesaid, ivlio does not, within

convenient time after due notice given for tha t purpose, cause such g jy ̂

vessel and the lading thereof to be conveyed into the place or places

’

appointed for such vessel and lading to perform quarantine shall forfeit

the sum of four hundred pounds.

22. Every commander, master, or other person in charge of Masters to deliver to

any vessel ordered into quarantine as aforesaid shall forthwith, after

his arrival at thc place appointed for the performance of quarantine, of health, manifest,

deliver on demand to the superintendent of quarantine, or his assistant

or other officer authorised to act in that behalf (and which superin- * •	■
tendent, assistant, or other officer as aforesaid, is hereby required to
make such demand), his hill of health and manifest, together with his
log-hook and journal, under pain of forfeiting thc sum of one hundred
pounds if he wilfully refuses or neglects to do so.

23. All goods and other articles ordered into quarantine as Goods ordered into

aforesaid shall he opened and aired in such place and for such time opened'̂ anVrir'rd in

and in such m anner as shall he directed by the Governor by any order places appointed by

notified by proclam ation; and after such order has been duly complied ô oTemor.

Avith, then and in every such case the officer or person in charge of thc vessel or place in which such goods and other articles have been opened and aired shall grant a certificate to such effect under his hand, and upon such certificate being approved and allowed by the Governor, then such goods and other articles shall he liable to no further restraint or detention either a t tlic port or place Ayhere such quarantine was performed, or a t any other place in New South W ales Avhereto they may he conymyed.

24. Whosoever clandestinely conveys, or secretes or conceals Penalty on persons

with intent to convey, any article whatsoever from any vessel actually acSy"pi5or’mbiĝ

performing quarantine, or from the place Avhere such article is per- quarantine,

forming quarantine, sliall forfeit the sum of one hundred pounds. s. is.

25. In case it is deemed necessary by the Governor to appoint Medical officer may

any medical officer to take charge of any of thc crcAV and passengers peî 'sourin'̂ qfmrantine

of a vessel placed in quarantine, it shall he competent to the Governor at the cost ot the

to fix the amount of remuneration to he jiaid to such medical 9

for his services, and to cause the same to he paid by the Colonial	’	•	■
Treasurer, and the amount so paid shall he repaid to the said Colonial Treasurer by thc owners or agents of such vessel before she is permitted to clear out and leave the port in Avhich she then is :
Provided th a t this section shall not apply to any vessel chartered by thc Government for the conveyance of immigrants.

2 0 2   Act No. 25, 1897,

Quarantine.

rroper proTisions 26. I t sliall liG tliG clutv of tliG ownci’s and agents of any vessel

enppHod placccl ill quarantine to supply the crew and passengers thereof with

in quarantine. siicli wliolesomc aiid Suitable provisions and medicines as are required

17 Vic. No. 29, s. 10. hy the medical ]iractitioner in charge; and if such provisions and

medicines arc not forthw ith supplied accordingly thc same may he provided under thc order of the Governor, and thc cost thereof, including the conveyance of the same, shall he paid hy the said owners or agents into the hands of the Colonial Treasurer before such vessel shall he perm itted to clear out or leave the jiort in lyhich she then is:

Provided tha t nothing herein contained shall apply to or in respect of immigrants conveyed a t the charge of the Government under charters hy which the owners are exempted from liability for the m aintenance and care of such immigrants whilst under quarantine.

After proof of per­	27.	A fter quarantine has been duly performed by any vessel or
formance of quaran

tine and proper person obliged to perform quarantine as aforesaid according to this Act,

cllect vessels orcertificate to that and to such order made as aforesaid, the chief officer who superintended

poraotrsTmii be liable the quarantine of thc said vcssel, or the person acting for him, shall and

tion.	to no fu riiie rd e te n - he is hereby required to give a certificate thereof under his hand, and
3 AVm. IV No. 3, upon the same being approved and allowed hy thc Governor then every

8. 10. such vessel and every such person so having performed quarantine shall he liable to no further restraint or detention upon the same account for which such vessel or person has performed quarantine as aforesaid.

Penally on ne^jlectof	28. Any officer or person whatsoever to whom it apjiertains to notified hy proclamation, or to see the same pu t in execution, who is knowingly and wilfully guilty of any breach or jicglcct of his duty in respect of thc vessels, persons, goods, or chattels perform ing quarantine shall forfeit and pay the sum of two hundred pounds.
duty by officials.	execute any order made or to he made concerning quarantine, and
Hid. s. 9.
permitting departure

Officials desoi’ting or	29. Any such officer or person who—
■without authority

guilty of felony.	(i) deserts from his duty when employed as aforesaid; or
Hid. 9. 9.	( i i ) knowingly and willingly permits any person, vessel, goods, or merchandise to depart or he conveyed out of the said vessel or other place as aforesaid unless hy permission under thc order of the Governor

shall he guilty of felony.

Persone giving false	30. Any person herelry authorised and directed to givc a certi­
certificates guilty of

felony.	ficate of a vessel having duly performed quarantine or airing who
Hid. s. 9.	knowingly gives a false certificate thereof shall he guilty of felony.
Penalty on officials	31. Any such officer or person, as in thc last three preceding perform ing quarantine under his direction shall he liable to pay one hundred pounds damages and full costs of suit to thc owner of the
damaging goods.	sections mentioned, who knowingly or wilfully damages any goods
Hid. 8.9.
same. 32.

Act ; No. 25, 1897. 203

Quarantine.

32. Wliosoever--- Persons forging or

(i)    knowingly or wilfully forges or counterfeits, interlines, erases, ficates |u iiiy of

or alters any certificate, directed or required to be granted

any order of tlic Governor toncliing (juarantinc; or , . 12"' ° ’

(11) procures to lie forged or counterfeited, interlined, erased, or

altered any sucli certificate ; or

(ill)  piiblislics any sucli forged or counterfeited, interlined’ erased, or altered certificate, knowing tlic same to lie forged or counterfeited, interlined, erased, or altered ; or

(iv)  knowingly and ivilfully utters and publishes any sucli certificate with intent to obtain the effect of a true certificate to be given thereto, knowing the contents of such certificate to be false,

shall be guilty of felony.

PAUT Y I.

Miscellaneous provisions.

33.                 The Governor may make such order as shall be deemed For TesUng certain

necessary and cxjiedicnt upon any unforscen emergency or in any par- fJo)'t̂ pr'crent̂ iMfeci ticular case w ith respect to any vessel arriving under any alarming or tion in certain cases suspicions circumstances as to infection, though not being liable to

quarantine witliin thc meaning of this Act, and also with respect to	’ ’ ’
any person and any article on board tbe same; and in case of any
infectious or contagious disease highly dangerous to thc public health
appearing or breaking out in New South Wales may make such order
and givc such directions in order to cut off all communication between
any persons infected with any such disease and the rest of H er M ajesty’s
subjects as apjicar to thc Governor to be necessary and expedient
for tha t purpose; and likewise to make such order as thc Governor
secs fit for shortening thc time of quarantine to be performed by par­

ticular vessels or iiarticiilar persons or articles, or for absolutely or	.
conditionally releasing them or any of them from quarantine.
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, master, or other person having charge of any vcssel, and all other persons on board thc same, as with respect to any other person having any intercourse or communication w ith them, and to thc penalties, forfeitures, and punishments to which they may resiicctively become liable, as any order concerning quarantine made by the Governor and notified by proclamation as aforesaid.

204   Act No. 2.5, 1897.

Quarantine.

Pownr to make	34. The Governor may, on the recommendation of the Board make regulations for the purpose of carrying this Act into effect, and hy such regulations may impose for any hrcach thereof a penalty not exceeding one hundred pounds, to he recovered in a summary way before a stipendiary or police m agistrate, or any two justices of the peace, and in default of payment the offender shall he liable to im pri­ sonment for any period not exceeding six months.
regulations.
58 Vic. No. 2, s. 7.
All regulations shall he published in the Gazette, and shall thereupon if not inconsistent w ith this or any other Act have the force of law.
Recovery and appro­
priation of penalties.	35. All forfeitures and penalties incurred hy reason of any wise provided, he recovered hy action in the Supreme Court, and two-thirds of every such forfeiture and penalty shall he given to the person who informs and sues for the same.
3 Wra. IV No. 1,	offence committed against this Act may, except as hereinhefore other­
B. 14f,

Answers of persons	36. (i) In any prosecution, action, or other jiroceeding against
having charge of

vessels shall be	any person whatsoever for any offence against this Act or any A ct which
received as evidence	may hereafter he passed concerning quarantine, or for any breach or
in certain cases.
Ihid, s. 15.	disobedience of any order made by the Governor concerning quarantine, and the prevention of infection, and notified as aforesaid, the statement and answer of the commander, master, or other person having charge of any vessel, made as hereinhefore directed to the pilot or person hoarding or conducting such vessel shall he received as prima facie evidence so far as the same may relate to the place from which such vessel has arrived or come, or to the place at Avhich such vessel touched in the course of the voyage, and also as prima facie e\udence that such vessel Avas liable to quarantine.

Evidence of liability (i i) Where any such vessel has, in fact, been put under

to quarantine.	quarantine at any port or place and is actually performing the same, such vcssel shall in any prosecution, action, or other proceeding against any person Avhatever for any offence against this A ct or against any other Act Avhich may hereafter he passed concerning quarantine, and the jirevention of infection, or against any order made hy the Governor as aforesaid, he deemed to he liable to quarantine Avithout proving in Avhat manner or from Avhat circumstance such vcssel became liable thereto.
Oeneml issue and	37. (i) In any action or other proceeding brought against any done in pursuance of any order of the Gov'ernor made for the preventing the introduction of any such infectious or contagious disease as afore­ said, or in pursuance of the provisions of this Act, thc defendant may plead thc general issue, and may givc this Act and the special m atter in evidence.
limitation of actions,
&e.	pilot, superintendent, constable, or other person for any m atter or thing
Hid. 3 . 1C.

( i i )     In any such action or other proceeding, if the verdict

is for the defendant, or if the plaintiff is nonsuited or diseontinues his

action

Act No. 26, 1897. 205

’Public Entertainments.

action after the defendant has appeared, or if upon dem urrer judgm ent is given against such plaintiff, the defendant shall have treble costs, and shall have the like remedy for the same as any other defendant has in any other case to recover costs hy law.

(in ) No such action or other proceeding shall he brought against any person for any m atter or thing done as aforesaid, hut w ithin the space of six months after such m atter or th ing has been done.

S C H E D U L E . Section 2.

Reference to Act. Title or short title. Extent of Repeal.

.3 W m . I V .N o . 1 . . . A.n A c t fo r su b je c tin g v esse ls co m in g to N e w S o u th T h e w h o le .

W a le s f ro m c e r ta in p lace s to t l ie p e r fo rm a n c e

o f q u a ra n t in e .

17 V ie t. N o . 29 ... A n A c t to a m e n d th c Q u a ra n t in e L a w s in c e r ta in T h e w h o le .

p a r t ic u la r s .

C S V ic t. N o . 2 ... Q u a ra n tin e L a w A m e n d m e n t A c t, 18 9 1 ... . . . T h e w h o le .