their Disposal only; any thing herein contained to the contrary notwithstanding. XIII. And be it further enacted, That if any Person or Persons In Action for shall at any time or times be sued, molested or prosecuted for executing Act, any thing by him or them done or executed in pursuance of this Act, or of any Matter or Thing therein contained, such Person or Persons shall and may plead the General Issue, and give the General Issue. Special Matter in Evidence for his or their Defence; and if a Verdict shall pass for the Defendant or Defendants, or the Plaintiff or Plaintiffs shall discontinue his or their Action, or be nonsuited, or Judgment shall be given against him or them, upon Demurrer or otherwise, then such Defendant or Defendants shall have Treble Treble Costs. Costs to him or them awarded against such Plaintiff or Plaintiffs. CA P. IX. An Act for allowing Vessels employed in the Greenland Whale Fishery, to complete their full Number of Men at certain Ports for the present Season. [1st March 1805.] CA P. X. An Act for making further Provision for the effectual Per- EXP. WHEREAS by an Act, passed in the Thirty ninth and For- 39&40 G.s. tieth Years of the Reign of His present Majesty, inti- c.80. 'tuled An Act for erecting a Lazaret on Chetney Hill, in the County of Kent, and for reducing into One Act the Laws relating to Quarantine, and for making further Provisions therein, and by other Acts antecedent thereto, Provision was made as well for purchasing Lands for erecting a Lazaret, as for defraying the Expences of building the same, and for maintaining a proper Establishment of Officers necessary for enforcing a due • Performance of Quarantine; in pursuance of which, Lands were purchased at Chetney Hill, in the County of Kent, and Progress " was made in the Erection of a Lazaret there; but the Funds granted by the said Act of the Thirty ninth and Fortieth Years of His present Majesty having been found insufficient for completing the same, and for the Payment of competent Salaries to the Officers who were to have the Charge thereof, and other necessary Expences attendant on the Quarantine Service, according to the Plan which had been approved of and directed by His Majesty, by and with the Advice of his Privy Council, a further Sum was granted by an Act of the last Session of Parliament: And Whereas it is expedient that Provision should be 'made for a due Application of the same;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That it shall and may be lawful for the Lords Commissioners Treasury shall of His Majesty's Treasury, or any Three or more of them, or the give Directions Lord High Treasurer for the time being, from and after the Com- for completing mencement of this Act, to give Directions for completing the said and appoint the Lazaret, Lazaret, upon the said Lands so purchased on Chetney Hill, in Officers, &c. 6 the Floating Lazarets provided until Lazaret completed. Duties by Owners of Ves Quarantine. Duties. the County of Kent, with all necessary and convenient Accommod- may appoint Superintendants of Quarantine, 50 G. 3. c. 20.] II. Provided always, and be it enacted, That until the said Lazaret shall be in a State fit and proper to be used, it shall and may be lawful for the Lords Commissioners of His Majesty's 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 Rules, Regulations and Provisions in this Act contained, shall be deemed and taken, for all Intents and Purposes, to be applicable to such Floating Lazaret or Lazarets, until the Lazaret on Shore shall, by His Majesty, His Heirs or Successors, by and with the Advice of his or their Privy 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. • III. And Whereas it is reasonable that the Owners of Ships, • Vessels and Cargoes, which in future shall have to perform Quarantine, should defray the Charge incurred thereby; Be it further enacted, That there shall be raised, levied, collected and paid to His Majesty, His Heirs and Successors, the several and sels performing respective Duties of Customs hereinafter mentioned; that is to say, For every Ton Burthen of every Ship or Vessel, which Ship or Vessel, or the Cargo of which or any Part whereof shall have performed Quarantine in any Port or Place in Great Britain, or the Islands of Guernsey, Jersey, Alderney, Sark or Man, and which shall have arrived from any Part of Turkey, or from any Port or Place in Africa, within the Streights of Gibraltar, or in the West Barbary on the Atlantic Ocean, with a clean Bill of Health, Seven Shillings and Six Pence: For every Ton Burthen of every such Ship or Vessel, which shall have so arrived without a clean Bill of Health, Fifteen Shillings : For For every Ton Burthen of every such Ship or Vessel, which Ship or Vessel, or the Cargo of which or any Part whereof shall have performed Quarantine in any Port or Place in Great Britain, or the Islands aforesaid, and which shall have arrived from any Port or Place whatever, (except from any Part of Turkey, or from any Port or Place in Africa, within the Streights of Gibraltar, or in the West Barbary on the Atlantic Ocean,) with a clean Bill of Health, Three Shillings: For every Ton Burthen of every such Ship or Vessel which shall have so arrived without a clean Bill of Health, Ten Shillings: For every Ton Burthen of every such Ship or Vessel arriving in any Port or Place in Great Britain, or the Islands aforesaid, with a Cargo, which in Whole or in Part shall consist of Goods, Wares or Merchandize, the Growth, Produce or Manufacture of Turkey, or of any Port or Place in Africa, within the Streights of Gibraltar, or in the West Barbary on the Atlantic Ocean, and which Ship or Vessel, or the Cargo of which or any Part whereof shall have performed Quarantine in any Port or Place in Great Britain, or the Islands aforesaid, and which shall have arrived from any Port or Place whatever, Seven Shillings and Six Pence. For every Ton Burthen of every Ship or Vessel which shall have so arrived under such Circumstances as shall induce His Majesty, by and with the Advice of his Privy Council, or the Lords or others of the Privy Council, or any Three or more of them, under the Authority hereinafter given, to subject such Ship or Vessel to the like Quarantine as Ships arriving from Turkey with clean Bills of Health, Seven Shillings and Six Pence: [See $12. post.] For every Ton Burthen of every Ship or Vessel which shall have so arrived under such Circumstances as shall induce His Majesty, by and with the Advice aforesaid, or the Lords or others of the Privy Council, or any Three or more of them as aforesaid, to subject such Ship or Vessel to the like Quarantine as Ships arriving from Turkey without clean Bills of Health, Fifteen Shillings: For every Ton Burthen of every Ship or Vessel, which Ship or Vessel, or the Cargo of which or any Part whereof shall have performed Quarantine in any Port or Place in Great Britain, or the Islands aforesaid, and which Ship or Vessel shall enter Inwards in the Port of London, an additional Duty of One Shilling: of Customs. All which several and respective Duties shall be raised, levied, Duties recocollected and paid, and shall be sued for, recovered and accounted vered as Duties for in the same Manner, and subject to the same Rules, Regulations, Penalties and Forfeitures, as any Duties of Customs are now subject to by Law, as far as the same are applicable_thereto : Provided always, That no Ship or Vessel of War, or Transport Exemptions or other Ship or Vessel employed in the Service of His Majesty's from Duties. Government, nor any Ship or Vessel which shall not be bound to any Port or Place in Great Britain, or the Islands of Guernsey, Jersey, Alderney, Sark or Man, and which shall have really put into any Port or Place in Great Britain, or the Islands aforesaid, in Distress; nor any Ship or Vessel which shall have been obliged to Duties may be reduced, and afterwards increased. Ships not to clear inwards until Duties paid. Tonnage computed as under 26 G.3. c.60. to perform Quarantine only by Reason of having certain Goods, Wares and Merchandise on Board, and not producing the proper Declaration or Document as to their Growth, Produce or Manufacture; nor any Ship or Vessel arriving in any Port or Place in Great Britain, or the Islands aforesaid, with a clean Bill of Health, from any Port or Place whatever, except from any Part of Turkey, or from any Port or 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 Ship or 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 Port or Place in Great Britain, or the Islands aforesaid, with proper Documents and Vouchers attesting the same, to the Satisfaction of His Majesty, His Heirs or Successors, or of his or their Privy Council, shall be liable to or charged with any Duty under this Act. IV. Provided always, and be it further enacted, That if after making good (in the Manner hereinafter mentioned) to the Consolidated Fund of Great Britain, of the Sums of Sixty five thousand Pounds, granted by the Act of the Thirty ninth and Fortieth Years of His present Majesty, and of Thirty thousand Pounds, granted by an Act of the last Session of Parliament, or of so much thereof as shall be found necessary to issue for the Services aforesaid, it shall appear to the Lord High Treasurer, or the Lords Commissioners of His Majesty's Treasury for the time being, that the Duties hereby granted are more than sufficient to defray the Charges and Expences already incurred, and also such further Expences as may be necessary for carrying the several Purposes of this Act into Execution, it shall and may be lawful for the said Lord High Treasurer, or Lords Commissioners for the time being, from time to time, by any Warrant or Warrants under the Hands of the said Lord High Treasurer, or of the said Lords Commissioners for the time being, or of any Three or more of the said Lords Commissioners, to order and direct, that the Duties hereby granted shall be reduced in such Proportion and Manner as they shall think proper, and also by like Warrant or Warrants (in case the said necessary Expences shall afterwards require an Increase of the said Duties) to order and direct 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 or Warrants shall be sufficient Authority to the Commissioners and Officers of the Customs, for raising, levying, collecting and recovering the several and respective Duties specified and contained in such Warrant or Warrants; any Law or Usage to the contrary notwithstanding. V. And be it further enacted, That no Ship or Vessel, upon which the Tonnage Duty by this Act imposed shall be due and payable, shall be permitted to be cleared Inwards in any 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 the Customs appointed to receive the same, or the Commissioners of the Customs shall otherwise direct; and that the Tonnage of every Ship or Vessel shall be computed and taken, for the Purpose of ascertaining the said 10 Duties, Duties, according to the Register thereof, under the Provisions of an Act, passed in the Twenty sixth Year of His present Majesty's Reign, intituled An Act for the further Increase and Encouragement of Shipping and Navigation; and in case of any Dispute or Doubt relative thereto, the same shall be ascertained by Admeasurement, in the Mode and Manner prescribed in the said last mentioned Act. . VI. And be it further enacted, That it shall and may be lawful Ship Owners for the Owner or Owners of any Ship or Vessel, in respect of may recover which any of the Duties imposed by this Act shall have been paid, Duties of the to demand and recover from the respective Importers, Proprietors Importers. or Consignees of any Goods or Merchandize brought or imported in any such Ship or 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 and Merchandize 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. Britain. VII. And be it further enacted, That the Monies arising from Duties carried the Duties hereby granted shall be paid into the Receipt of His to Consolidated Majesty's Exchequer, and carried to and made Part of the Con- Fund of Great solidated Fund of Great Britain; and that in the Office of the Auditor of the Receipt of His Majesty's Exchequer there shall be provided and kept a Book or Books, in which all the Monies arising from the said Duties and paid into the said Receipt shall be entered separate and apart from all other Monies paid or payable to His Majesty, His Heirs or Successors, upon any Account whatsoever. VIII. And be it further enacted, That the Money so raised, levied, collected and paid, shall be applied in the first place to defray the annual Expences of the said Floating Lazaret, and Land Lazaret, and all other annual Expences which shall be incurred in the Execution of this Act; and in the next place to make good any Money that shall have been issued for purchasing the Lands on Chetney Hill, and for the erecting of the said Lazaret, and for providing the necessary and convenient Accommodations thereto belonging, in Manner hereinbefore mentioned, and to no other Purpose whatsoever. IX. And Whereas it is expedient that the said hereinbefore recited Act, passed in the Thirty ninth and Fortieth Years of the Reign of His present Majesty, and every other Act or Acts heretofore passed concerning Quarantine, together with such further Provisions as are found to be necessary to be made in respect thereof, should be reduced into One Act;' Be it therefore enacted, That the said Act so passed in the Thirty ninth and Fortieth Years of the Reign of His said present Majesty, as aforesaid, be repealed; and that every other Act or Acts heretofore passed, in so far as the same do or may be deemed or construed to relate to the Performance of Quarantine, shall be and the same are hereby repealed; save and except so much of the said Act passed in the Thirty ninth and Fortieth Years of the Reign of His present Majesty 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 Duties to be applied to Expences of Lazaret. 39 & 40 G.3. c.80. and all other Acts relating to Quarantine, repealed excep as to Arrears of Duty, &c. |