XXXIX. The quarantine of all goods (as well such as are directed to be left in, When quaas such as are to be removed from the vessel), in cases where the cargo shall con- rantine to be sist partly of articles enumerated in the first and second classes, and partly of non- computed enumerated articles, shall commence and be computed from the day on which the from in cerwhole of the articles enumerated in the said two classes shall have been removed tain cases. from the vessel importing the same, to be opened and aired in the manner before directed, except as hereinbefore particularly excepted.

XL. The quarantine of 30 days to be performed by all vessels arriving without In other clean bills of health, but with cargoes wholly consisting of articles considered as cases. not susceptible of infection, and not enumerated in either of the two classes before stated, shall commence, and be computed, from the day on which the quarantine guardians shall be put on board.

XLI. Vessels, persons, and goods on board thereof, arriving with suspected Touched bills of health (commonly called touched patents or bills), shall respectively per- patents or form quarantine, and be treated in the same manner as above directed concerning bills. vessels arriving without clean bills of health, and persons and goods arriving in such vessels; except only, that such ships, persons, and goods, so arriving with suspected bills of health, shall respectively be subjected to ten days less quarantine.

where there

XLII. With respect to vessels having on board any of the articles enumerated Vessels with in the first class before stated, and intending to import the same into any place in articles of Great Britain, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, from the first class any place in Europe without the Streights, or on the continent of America, at at ports which there is not a regular establishment for the performance of quarantine, is not a regu declared sufficient by His Majesty in council as aforesaid, the master of every such lar establishvessel is required to bring with him a declaration made by the owner, proprietor, ment. shipper, or consignee of such vessel, or of the goods enumerated as aforesaid, on board the same respectively, upon oath before some magistrate of the place from whence such master of such vessel shall have brought the said goods, and attested by such magistrate, and also by the British consul or vice-consul, or in case there be no British consul or vice-consul there, then by two known British merchants; in which declaration it shall be stated either negatively, that the said enumerated goods are not of the growth, produce, or manufacture of Turkey, or of any place in Africa, within the Streights of Gibraltar, or in the West Barbary on the Atlantic Ocean; or affimatively, of what place they are the growth; and if they are of the growth, produce, or manufacture of any of the countries last mentioned, then it shall be stated in such declaration whether the said vessel is or is not the same in which the enumerated goods so imported were brought from Turkey, or from any of the countries last mentioned; and in case the vessel is the same, the master of such vessel is hereby required to bring with him the bill or bills of health granted at the port where any such goods were originally taken on board, or copies thereof attested by a notary public; and if the vessel having on board such goods be other than that in which they were imported to any place in Europe without the Streights, Europe or on the continent of America, at which there is not a regular establishment for without the the performance of quarantine, declared sufficient by His Majesty in council as Streights, aforesaid, the master of such vessel is required to bring with him a declaration America, &c. made and attested in like manner as the declaration before mentioned, in which it shall be stated whether the said enumerated goods were imported into the ports of the countries last mentioned in a vessel, with or without a clean bill of health; and such master of any such vessel, if the same be bound to the port of London, or to the river of Thames or Medway, shall forthwith produce such declaration or declarations (as the case may be) to the superintendant of quarantine, or his assistant, at Standgate-creek; or if the same be bound to any of the out-ports or islands aforesaid, to the superintendant of quarantine, or his assistant, or to the principal or other officer of customs authorized to act in that behalf at such outport or place; and if it appear that none of the said enumerated goods on board such vessel are of the growth, produce, or manufacture of Turkey, or of any place in Africa within the Streights of Gibraltar, or in the West Barbary on the Atlantic Ocean, such vessel importing the same shall not be obliged to perform quarantine, but shall, on production of such declaration to the superintendant or his assistant, or to the officer of customs as aforesaid, be admitted to an entry in the usual and legal manner; but if it appear that such enumerated goods, or any part thereof, are of the growth, produce, or manufacture of any of the countries last mentioned, or if no such declaration be produced by the master of such vessel, then the superintendant, assistant, or officer of customs aforesaid, at the place at which such

Vessels from

the Mediter ragean, &c. having performed qua santine at Malta, &c.

vessel shall arrive, as the case may be, shall take care that every such vessel, as well as the officers, crew, passengers, and the entire cargo on board the same, shall perform quarantine, according to the nature of the case, at such and the same places as are herein before appointed for the performance of quarantine, for the same time, and in the same manner as vessels, their officers, crews, passengers, and cargoes, coming from or through the Mediterranean, or from the West Barbary on the Atlantic Ocean, with clean bills of health, are hereinbefore respectively required to perform quarantine. (a)

XLIII. Vessels arriving in the ports of Great Britain, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, having come from or through the Mediterranean, or from the West Barbary on the Atlantic Ocean, which, with their officers, crews, and cargoes, shall have previously performed quarantine in the lazaret passengers, of Malta, Ancona, Venice, Messina, Leghorn, Genoa, or Marseilles, shall, upon their arrival, be put under quarantine in some of the places hereinbefore appointed for the performance of quarantine, until the master of such vessel shall have produced to the superintendant or his assistant, or to the officer of customs authorized to act in that behalf, the proper documents to prove that such vessel, and the officers, crews, passengers, and cargo on board the same, shall have duly performed quarantine in one of the lazarets last mentioned; and upon so producing such documents, the said vessel shall not be obliged to perform quarantine, but shall be forthwith admitted to report; and all goods on board thereof, not hereinbefore enumerated in the first class before stated, shall be admitted to an entry; but all goods on board any such vessel, which are enumerated in the first class before stated, shall in such case perform a further quarantine of 15 days, at some one of the places hereinbefore appointed for that purpose, in such manner as has been heretofore practised, (b)

(a) By order in council, dated 7th November, 1805, all the regulations in the 42d section of the above order, are extended to all vessels having on board any of the goods enumerated in the first class thereof, and imported in any ship coming from any place in Europe without the Streights, or on the continent of America, at which there is not a regular establishment for the performance of quarantine, declared sufficient by His Majesty in council for that purpose, and arriving in any of the ports of Great Britain, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, from any of the ports in the islands of Newfoundland and Cape Breton, and other islands adjacent to the continent of America.

By order in council, dated 21st July 1806, it is ordered, that if the master of any vessel coming from any place at which there is no regular establishment of quarantine, declared sufficient by His Majesty in council, shall bring with him a declaration on oath, made by the owner, proprietor, shipper, or consignee of such vessel, or of the goods above-mentioned on board thereof respectively, before the British consul or vice consul residing at or near such place, to the same purport and effect as the declaration required by the above order to be made before some magistrate of the place from whence such goods have been brought; such declarations made before and attested by such consul shall have the like force and effect, to all intents and purposes, as the declaration and certificate required by section 42 of the above order.

(b) By order in council, dated 26th April, 1817, it is ordered, that vessels which having sailed from ports declared liable to infection, or having taken in a cargo or any goods at any port so declared liable to infection, shall afterwards have proceeded from such port to another port not declared liable to infection, and shall last sail from any such last-mentioned port, and afterwards arrive from thence, either in ballast or with a cargo taken in at such port not declared liable to infection, at any place in the United Kingdom, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, shall not be liable to the performance of quarantine, provided the master of any such vessel shall declare upon oath, that all goods, enumerated in the first or second class of His Majesty's order of the 5th April, 1805, which may have been received on board any such vessel at any port declared liable to infection, had been landed or otherwise discharged from such vessel at a port not declared liable to infection, at least 40 days before the arrival of such vessel at any port of the United Kingdom, or the islands of Guernsey, Jersey, Alderney, Sark, or Man; and that no plague, or infectious disease, prevailed on board such vessel, either among the crew or passengers, at any time from the commencement、 of the outward voyage, to the termination of the homeward voyage; and provided also, that the goods taken on board at any such place not declared liable to infection, shall not be of the growth, produce, or manufacture of any country de

XLIV. Masters of vessels clearing outwards from any place in Great Britain, Vessels or the islands aforesaid, for any place in the Mediterranean, or in the West Bar- clearing out bary on the Atlantic Ocean, or for any place respecting which there shall, at the wards. time of such clearing out, be any order of His Majesty in council in force, subjecting vessels coming from thence to quarantine, shall receive from the principal officers of customs at such place, a printed paper containing an abstract of such quarantine regulations as shall be thought necessary to be most generally notified and observed by such masters, their officers, crews, and passengers on board; and every such master of any such vessel shall cause the said printed paper to be affixed on some convenient and conspicuous part of his vessel, and there to remain so affixed until the return of the said vessel to some place in Great Britain, or the islands aforesaid, provided the vessel shall return to Great Britain, or the islands aforesaid, within 12 months.

XLV. Every master of any vessel about to sail from any place in Great Britain, or the islands aforesaid, for any place in the Mediterranean, or in the West Barbary on the Atlantic Ocean, or for any place respecting which there shall, at the time of such clearing out, be any order of His Majesty in council in force, subjecting vessels coming from thence to quarantine, shall, before his departure, provide, and take on board, one or more of the quarantine signal flags and lanterns directed by the aforesaid act of parliament, and likewise a proper quantity of materials and instruments for fumigation and immersion, and shall keep the same on board, to be used in the manner hereinbefore directed, upon the return of such vessel to any place in Great Britain.

XLVI. The commanders of any of His Majesty's ships of war who shall meet any vessel liable to perform quarantine, coming to any of the ports of Great Britain, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, shall take due care to prevent the landing of any goods or persons from on board the same, until they shall be put under the direction of the superintendant of quarantine, or his assistant, at Standgate-creek, or under the direction of the superintendant or his assistant, or the officer of customs, authorized to act in that behalf as aforesaid at any of the out-ports or places hereinbefore mentioned.

XLVII. The commissioners and other officers of customs shall use their utmost Officers to de diligence and care that all regulations for the performance of quarantine before their duty. directed be duly observed.

XLVIII. The commanders of His Majesty's ships of war, as likewise the com- Commanders manders of His Majesty's forts and garrisons lying near the sea coasts, and all of ships of justices of the peace, mayors, sheriffs, bailiffs, chief magistrates, constables, head- war, forts, &c. boroughs, tithingmen, and all other officers and ministers of justice, shall be aiding justices, &c. to the said superintendauts of quarantine and their assistants, and to the officers to assist." of customs, and to all others that shall be concerned in stopping such ships as aforesaid, and in bringing them to the places appointed for the performance of quarantine, as well as enforcing due performance thereof.

By order in council, dated April 5, 1805, His Majesty doth adjudge and declare Plague liable it probable, that the plague, or some other infectious disease, highly dangerous to to be brought the health of his subjects, may be brought into Great Britain, or the islands of from other Guernsey, Jersey, Alderney, Sark, or Man, by vessels coming from the places places. hereinafter mentioned; and His Majesty in council judges it necessary to order, that the quarantine laid by the preceding order in council upon all vessels coming from or through the Mediterranean, or from the West Barbary

clared to be liable to infection; or if any goods of the first class taken into such vessel at such place not declared liable to infection, shall be of the growth, produce, or manufacture of any country declared liable to infection; then, provided proof shall be given, according to the provisions of the 43d section of His Majesty's said order in council of the 5th April, 1805, that such goods have performed quarantine, either at Malta, Ancona, Venice, Messina, Leghorn, Genoa, or Marseilles.

By order in council, dated 31st May, 1817, it is ordered, that all vessels arriving in the ports of Great Britain, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, having come from or through the Mediterranean, or from the West Barbary on the Atlantic Ocean, which with their officers, crews, passengers, and cargoes shall have performed quarantine in the lazaret at Trieste, shall be subject only to the regulations prescribed by the 43d section of His Majesty's order in council of the 5th April, 1805, with respect to vessels arriving from Malta, Ancona, Venice, Messina, Leghorn, Genoa, or Marseilles.

Spain, &c.

3 Edw. 1.
c. 4.

What deemed
a wreck.
How goods

shall be dealt
with.

on the Atlantic Ocean, with or without clean bills of health, be extended as hereinafter directed, and that officers appointed for the service of quarantine do use their utmost care and diligence to cause the several regulations established by the preceding act, by the said order in council, and by this present order, for the due performance of quarantine, to be punctually observed and carried into execution.

And it is ordered, that all vessels, as well His Majesty's ships of war as all others, (not having the plague, or such other infectious disease as aforesaid, actually on board,) coming from the port of Cadiz, or from any other port of Spain without the Streights of Gibraltar, lying to the southward of Cape St. Vincent, with or without clean bills of health, and all vessels and boats, receiving any per. son, goods, packets, packages, baggage, wearing apparel, books, letters, or any other articles whatever, from or out of any such vessel, before such vessel shall have performed, and shall be duly discharged from, quarantine, whether such person, goods, or other articles, shall have come or been brought in such vessel, or such person shall have gone, or articles have been put on board the same, either before or after the arrival of such vessel, and whether such vessel was or was not bound to any place in Great Britain, or the islands aforesaid, together with all persons (as well pilots as others), goods, and other articles, as aforesaid, on board thereof, do and shall perform quarantine for such time, in such manner, and at such places respectively, as are directed by the preceding order in council: and that all masters of any such vessels, and the officers, crews, passengers, and other persons on board thereof, and also all masters of any such receiving vessels and boats, and the officers, crews, passengers, and other persons on board the same, and all other persons who may or shall have any intercourse or communication with them, or any of them, do likewise strictly conform themselves, in all respects, to the regulations required by the said act, and by the said order in council, and by this present order, to be observed by the masters, officers, crews, passengers, and other persons on board vessels liable to quarantine, and by all other persons who shall have or may have any intercourse or communication with any of them.

TITLE VIII.-WRECKS AND SALVAGE.

[THERE are several local acts respecting Wrecks and Salvage within the jurisdiction of the Cinque Ports and of the Corporation of the Trinity House, which acts, if inserted here, would occupy much space, without being proportionally useful to the general reader; it has therefore been thought proper to omit them.-In truth, they form a subject quite distinct from the plan of this work.]

Rule 1. CONCERNING wreck of the sea, it is agreed, that where a man, a dog, or a cat, escape [quick (a)] out of the ship, that such ship or barge, or any thing within them, shall not be adjudged wreck; but the goods shall be saved and kept by view of the sheriff, coroner, [and] the King's bailiff, and delivered into the hands of such as are of the town where the goods were found; so that if any sue for those goods, and can prove that they were his, or his lord's, or perished in his keeping, within a year and a day, they shall be restored to him without delay; and if not, they shall remain to the King, and be taken by the sheriffs, coroners [and bailiffs, and shall be delivered to them of the town (b)], to answer before the justices of the wreck belonging to the King. And where wreck belongeth to another than to the King, he shall have it in like manner. And he that otherwise doth, and thereof be attainted, shall be awarded to prison, and make fine at the King's will, and shall yield damages also. And if a bailiff do so, and be disavowed by his lord, and the lord [will not pre

(a) Id est, alive.

(6) The translations previous to Pulton read, “bailiffs of the town."

tend any title thereunto (a)] the bailiff shall answer, if he have where- 3 Edw. 1. of; and if he have not whereof, the lord shall deliver the bailiff's body to the King.

c. 4.

Rule 2. Concerning wreck of the sea, wheresoever it be found, if 4 Edw. 1. any lay hands on it, he shall be attached by sufficient pledges, and the st. 2. price of the wreck shall be valued and delivered to the towns.

Laying bands on wrecks.

Rule 3. The King shall have wreck of the sea throughout the 17 Edw. 2. realm; whales and sturgeons, (b) taken in the sea or elsewhere within st. 2. c. 11. the realm, except in certain places privileged by the King.

st. 2. c. 13.

Rule 4. If any merchant, native, or stranger, be robbed of his 27 Edw. 3. goods upon the sea, and the goods so stolen come into any part Robbery on within our realm and lands, and he will sue to recover the said goods, the sea. he shall be received to prove the said goods to be his own by his marks, or by his chart, (c) or cocket, or by good and lawful merchants, natives, or strangers; and by such proofs the said goods shall be delivered to the merchants, without making other suit at the common law.

banks and

Rule 5. And in case that any ships going out of our said realm and Goods breaklands, or coming to the same, by tempest or other misfortune breaking upon sea upon the sea-banks, and the goods come to the land, which may not coming to be said wreck, they shall be presently, without fraud or evil device, land. delivered to the merchants to whom the goods belong, or to their servants, on such proof as before is said, paying them that have and kept the same sufficiently for their trouble, that is to say, by the discretion of the sheriffs and bailiffs, or other our ministers in places guildable, where other lords have no franchise, and by the advice and assent of four or six of the best or most sufficient good men of the country; and if it happen within the franchise of other lords, then it shall be done by the stewards, or bailiffs, or wardens of the same franchise, and by the advice and assent of four or six good men of the country, as afore is said, without any delay.

61.

in distress.

Rule 6. The sheriffs, justices of the peace of every county, or 12 Ann. county of a city or town, and also all mayors, bailiffs, and other head st. 2. c. 19. officers of corporations and port towns near adjoining to the sea, and Officers to all constables, headboroughs, tithing-men, and officers of customs in summon meu every such place, shall, upon application made to them, or any of to assist ships them, by or on the behalf of any commander or chief officer of the vessel of any of Her Majesty's subjects or others, being in danger of being stranded or run on shore, or being stranded or run on shore, are hereby required to command the constables of the several ports within Her Majesty's dominions, nearest to the sea coasts where any such vessel shall be in danger, as aforesaid, to summon and call together as many men as shall be thought necessary to the assistance and for the preservation of such vessel so in distress, and their cargoes; and if there shall be any vessel, either man of war or merchant's ship, Ships to asbelonging to Her Majesty, or any of her subjects, riding at anchor sist. near the place where such vessel is in distress or danger, the officers of customs and constables above-mentioned, or any of them, are hereby required to demand of the superior officers of such vessel, assistance by their boats, and such hands as they can conveniently spare,

(a) The translations previous to Pulton read, “will not discharge him thereof." (b) Some translations read, "great sturgeons."

(c) Query" charter party' or "bill of lading."