goods; it appearing the same were now in the possession of the out-port officers of customs at Margate, being delivered to the surveyor by the defendants, as a seizure for smuggling; that great quantities of prohibited goods had been found aboard the vessel, on which account the commissioners of customs had ordered her to the custom house at London, to be there further examined. Grose produced an affidavit by the plaintiff, positively denying his knowledge of any prohibited goods being on board at the time when the defendants seized her; and that if any have been found since, they must have been brought In the matter of the ship Maria, and other A rule had been obtained, calling on the collector of customs for the port of Falmouth, to show cause why the writ of appraisement of these vessels and their cargoes, sued out of this court by the seizing officer, should not be quashed, and all farther proceedings thereon stayed. The application was made on the part of the commissioners of customs, in aid of an order made by them under the authority of 51 Geo. 3. c. 96. for restoration of the subject of seizure, founded on their certificate that the forfeiture had been incurred without fraud on the part of the owners. Abbot and Brougham now showed cause on behalf of the seizing officer, and Dauncey contrà. This day Thomson, chief baron, delivered the judgment of the court. This application is made to the court on the part of the commissioners of customs, on the ground of their order, made in pursuance of the powers vested in them by 51 Geo. 3. c. 96. which is founded on the 27th of the same reign, c. 32. The 27th confines that power to ships seized for breach of the revenue laws. The 51st extends it to all seizures made for any cause of forfeiture whatIn pursuance of this power so vested in them, the commissioners have ever. in by themselves to warrant their illegal seizure. De Grey, chief justice, and the whole court, were of opinion that the defendants had not given a clear and full account of the foundation on which the seizure was made; neither, secondly, does it appear that they have used due diligence in proceeding towards a condemnation in the court of exchequer. And therefore, as there did not sufficient matter appear to take away the plaintiff's common law right, of holding the defendants in trover to special bail, they agreed to discharge the rule. BLACKSTONE'S Reports, vol. ii. vessels and their cargoes.-May 6, 1814. made an order, stating, that they are satisfied that no fraud was intended on the part of the masters or proprietors of the vessels seized, and that they have therefore ordered a restoration of the goods. For the seizing officer it is contended, that the commissioners have no power under the act to make such an order, without directing compensation to be made to him, and imposing terms on the proprietors for his indemnity and protection. But it appears to the court, that though, if any terms had been imposed, they must have been complied with, yet that it is not necessarily incumbent on the commissioners to engraft terms on their order for restoration. It is as a preliminary step to the enforcing of that order that the present application is made on the part of the crown. Perhaps we should go too far to order the writ of appraisement to be quashed, and therefore our order will be, that all further proceedings on the writ of appraisement and indenture of seizure be stayed. Rule absolute. PRICE'S Exchequer Reports, vol. i. part 1. [As to the power of the lords of the treasury to restore seizures, see TITLE 6, Rule 5.] TITLE VII.-QUARANTINE. [IN order to bring the whole of the numerous duties, drawbacks, bounties, and premiums, as much as possible to one point of view, the quarantine duties are placed under TITLE 252.] Lazaret on Rule 1. Ir shall be lawful for the lords commissioners of the trea- 45 Geo. 8. sury to give directions for completing the lazaret, upon the lands c. 10. 1. purchased on Chetney-hill, in the county of Kent, with all necessary Chetney-bill and convenient accommodations for the purpose of performing qua- to be com rantine, according to the plan which has been approved of and di- pleted. H 45 Geo. 8. c. 10. under the rected by His Majesty in council; or to such other plan as His Majesty in council may from time to time approve and direct; and for defraying the expenses attending the same, to cause any part of the money so granted to be issued when it shall be necessary for the said service; and the said lazaret when completed, and all the buildings Lazaret to be and accommodations thereto belonging, shall be under the management and directions of such officers as shall be appointed by the lords management commissioners of the treasury, for keeping the same fit for the Quarantine at reception of persons and goods, and for their due performance of Chetney-hill. quarantine; and such officers respectively shall have such salaries as shall from time to time be appointed by His Majesty in council; and Salaries and the salaries of the said officers, and all contingent expenses, shall be defrayed out of the funds, and in the manner in which the charges and expenses of performing quarantine are at present defrayed, until such time as a revenue shall be raised sufficient for those purposes, in the manner hereinafter mentioned. of officers. expenses. Floating lazarets, § 2. Duties, 3. How duties recovered. Rule 2. Until the said lazaret shall be in a state fit to be used, it shall be lawful for the lords commissioners of the treasury to provide one or more floating lazarets, which shall be used for all the purposes for which the said lazaret is intended by this act; and all the regulations, in this act contained, shall be deemed to be applicable to such floating lazaret or lazarets, until the lazaret on shore shall, by His Majesty in council, and by order of the same, notified by proclamation or published in the London Gazette, have been declared to be fit for the due performance of quarantine therein. Rule 3. "And whereas it is reasonable that the owners of vessels "and cargoes, which in future shall have to perform quarantine, "should defray the charge incurred thereby;" it is enacted, that there shall be paid to His Majesty the several duties of customs hereinafter mentioned. (a) Rule 4. All which several duties shall be paid, and shall be sued for, recovered, and accounted for in the same manner, and subject to the same regulations, penalties, and forfeitures, as any duties of customs are now subject to by law, as far as the same are applicable Exemptions. thereto: provided always, that no vessel of war, or transport, or other vessel employed in the service of His Majesty's government, nor any vessel which shall not be bound to any place in Great Britain, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, and which shall have really put into any place in Great Britain, or the islands aforesaid, in distress, nor any vessel which shall have been obliged to perform quarantine only by reason of having certain goods on board, and not producing the proper declaration or document as to their growth, produce, or manufacture, nor any vessel arriving in any place in Great Britain, or the islands aforesaid, with a clean bill of health, from any place whatever, except from any part of Turkey, or from any place in Africa, within the Streights of Gibraltar, or in the West Barbary on the Atlantic Ocean, in ballast, or whose cargo shall consist wholly of salt, nor any vessel which shall, together with its cargo, have duly performed quarantine in the lazarets of Malta, Ancona, Venice, Messina, Leghorn, or one of them, and shall sail from thence, and arrive at any place in Great Britain, or the islands aforesaid, with proper documents and vouchers attesting the same, to the satisfaction (a) For these duties see TITLE 252. of His Majesty, or of his privy council, shall be liable to or charged 45 Geo. 8. with any duty under this act. (a) c. 10. duced, and Rule 5. If after making good to the consolidated fund of Great How duties Britain the sums granted by an act of the last session of parliament, may be reor of so much thereof as shall be found necessary to issue for the afterwards services aforesaid, it shall appear to the lords commissioners of the increased, treasury, that the duties hereby granted are more than sufficient to § 4. defray the charges and expenses already incurred, and also such further expenses as may be necessary for carrying the several purposes of this act into execution, it shall be lawful for the said lords commissioners, from time to time, by any warrant under the hands of the said lords commissioners, to order that the duties hereby granted shall be reduced in such proportion and manner as they shall think proper, and also by like warrant (in case the said necessary expenses should afterwards require an increase of the said duties) to order that the same shall be again raised and increased to any amount not exceeding the sums which have been before granted by parliament as aforesaid, and such warrant shall be sufficient authority to the commissioners and officers of customs, for raising, levying, collecting, and recovering, the several duties specified and contained in such warrant. Rule 6. No vessel, upon which the tonnage duty by this act im- Payment of posed shall be due, shall be permitted to be cleared inwards in any duties, § 5. port of Great Britain, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, unless the said tonnage duty shall have been first duly paid to the proper officers of customs appointed to receive the same, or the commissioners of customs shall otherwise direct; and the ton- How tonnage nage of every vessel shall be computed and taken, for the purpose of computed. ascertaining the said duties according to the register thereof, under the provisions of 26 Geo. 3. c. 60. (b) and in case of any dispute or doubt relative thereto, the same shall be ascertained by admeasurement, in the mode prescribed in the said last-mentioned act. duties, 6. Rule 7. It shall be lawful for the owners of any vessel, in respect Ship owners of which any of the duties imposed by this act shall have been paid, to recover to demand and recover from the respective importers, proprietors, or consignees, of any goods imported in any such vessel, such sum or sums of money as shall be equal to the just and reasonable contribution which the proportion of tonnage that such goods bear to the tonnage burthen of the ship shall require, and no more; such proportion of tonnage to be ascertained according to the usage of merchants in like cases. Rule 8. Every act heretofore passed, in so far as the same does or Former acts, may be deemed or construed to relate to the performance of qua- § 9. rantine, is hereby repealed; except so much of 39 and 40 Geo. 3. c. 80. as relates to the repeal of former acts, and to the payment and recovering of any duties imposed by the said act, which shall be due and unpaid at the time of passing this act, and also except as to any offence committed before the passing of this act, by any person against any law concerning quarantine; and as to any fine, penalty, forfeiture, (a) By 46 Geo. 3. c. 98. § 4. no vessel which shall be rendered liable to perform quarantine solely by reason of having received on board thereof, by force, or against the will of the master and crew, any person, shall be charged with duty under the above act, provided the same be made appear to the satisfaction of the commissioners of customs. (b) See TITLES 2 and 3. 45 Geo. 3. c. 10. What vessels What per sons, goods, &c. liable to quarantine. or punishment, to which any such person may be liable by reason of the same; and also as to any action or other proceeding brought, or which shall hereafter be brought for any such offence. Rule 9. All vessels, as well His Majesty's ships of war as all others, liable to qua- coming from, or having touched at, any place from whence His Majesty rantine, § 10. in council shall have adjudged and declared it probable that the plague or any other infectious disease, (a) highly dangerous to the health of His Majesty's subjects, may be brought, and all vessels and boats receiving any person, goods, packets, packages, baggage, wearing apparel, books, letters, or any other articles whatever, from or out of any vessels so coming from, or having touched at, such infected place as aforesaid, whether such persons, goods, &c. shall have come or been brought in such vessels, or such persons shall have gone, or articles have been put on board the same, either before or after the arrival of such vessels at any place in Great Britain, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, and whether such vessels were or were not bound to any place in Great Britain, or the islands aforesaid, (b) and all persons, goods, or any other articles whatever, on board of any such vessels so coming from or having touched at such infected place, or on board of any such receiving vessels or boats, as aforesaid, shall be considered to be liable to quarantine within the meaning of this act, and of any order which shall be made by His Majesty in council, concerning quarantine, and the prevention of infection, from the time of the departure of such vessels from such infected place, or from the time when such persons, goods, &c. shall have been received on board respectively; and all such vessels and boats, and all persons (as well pilots as others), goods, and other articles as aforesaid, whether coming or brought in such vessels or boats, from such infected place, or going or being put on board the same, either before or after the arrival of such vessels or boats at any place in Great Britain, or the islands aforesaid; and all persons, goods, and other articles, as aforesaid, on board any such receiving vessel or boat, shall, upon their arrival at any such place, be obliged to perform quarantine in such place or places, for such time and in such manner as shall from time to time be directed by His Majesty, by his order or orders in council, notified by proclamation, or published in the London Gazette; (c) and until such vessels and boats, persons, goods not to goods, and other articles, shall have respectively performed, and shall be duly discharged from, such quarantine, no such person, goods, or Persons or come on shore, (a) Where the word "disease" is used under this title, it is to be understood as applying to" disease or distemper." (b) By 46 Geo. 3. c. 98. § 6. it shall be lawful for His Majesty, by his order in council, or for the lords and others of his privy council, by their order from time to time, as often as they may see reason to apprehend that the yellow fever, or other highly infectious distemper, prevails on the continent of America, or in the West Indies, to require that every vessel coming from, or having touched at, any place on the continent of America, or in the West Indies, shall come to an anchor at certain places to be appointed from time to time by the commissioners of customs in England and Scotland, for the purpose of having the state of health of the crew of such vessel ascertained before such vessel shall be permitted to enter the port whereto she may be bound, or any other port of Great Britain; but that such vessel shall not be deemed liable to quarantine, unless it shall be afterwards specially ordered under that restraint. (c) For orders in council, see at the end of Rule 35 of this title. c. 10. other articles, shall, either before or after the arrival of such vessels or 45 Geo. 8. boats, at any place in Great Britain, or the islands aforesaid, come or be brought on shore, or go and be put on board any other vessel or boat, in order to come or be brought on shore, in any such place, although such vessels so coming from such infected place, may not be bound to any place in Great Britain, or the islands aforesaid, unless in such manner, and in such cases, and by such licence, as shall be directed or permitted by such order or orders made by His Majesty in council; and all such vessels and boats, whether coming from such infected place or being otherwise liable to quarantine as aforesaid, and all persons (as well pilots as others), goods, and other articles, as aforesaid, whether 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 Great Britain, or the islands aforesaid, and although such vessels or boats shall not be bound to any place in Great Britain, or the islands aforesaid, and all commanders or masters of any vessels or boats, whether coming from any infected place, or being otherwise liable to quarantine, as aforesaid, shall be subject to all the regulations contained in this act, or in any order which shall be made by His Majesty in council, concerning quarantine and the prevention of infection, and to all the pains, penalties, forfeitures, and punishments, contained in this act, for any breach or disobedience thereof, or of any order of His Majesty in council, made under the authority thereof. cified in or Rule 10. "And whereas certain sorts of goods are more especially Goods and "liable to retain infection, and may be brought from places infected vessels spe "into other countries, and from thence imported into Great Britain, ders of coun "or the islands aforesaid;" it is enacted, that all such goods as shall cil, 11. be particularly specified for that purpose in any order made by His Majesty in council, concerning quarantine and the prevention of infection, as aforesaid, which shall be imported into any place in Great Britain, or the islands aforesaid, from any foreign country or place, in any vessel whatever, and the vessels in which the same shall be brought, and also all vessels which shall arrive from any place whatever under any alarming or suspicious circumstances as to infec- Alarming tion, shall be subject to such regulations as shall be made by such circumorders of His Majesty in council, respecting the same. stances. special cases, Rule 11. It shall be lawful for the lords and others of His Ma- Orders in jesty's privy council to make such order as they shall see necessary and council in expedient upon any unforeseen emergency, or in any particular case, $12. with respect to any vessel arriving, and having any infectious disease on board, or on board of which any infectious disease may have appeared in the course of the voyage, or arriving under any other alarming or suspicious circumstances as to infection, although such vessel shall not have come from any place from which His Majesty in council may have adjudged and declared it probable that the plague, or any other infectious disease, may be brought, and also with respect to the persons, goods, and other articles on board the same, and in case of any infectious disease appearing or breaking out in Great Britain or the islands aforesaid, to make such orders, and give such directions, Disease ap in order to cut off all communication between any persons infected pearing in with any such disease and the rest of His Majesty's subjects, as shall appear to the said lords or others to be necessary and expedient for Great Britain, &c. |