CHAPTER IV.

OFFENCES AGAINST PUBLIC POLICE AND ECONOMY.

SECTION 1.

Offences against Public Health and Safety.

11 Eliz. sess. 3, c. 5, s. 1.—Prayen the commons in this present parliament assembled, that where divers persons in this realm, rather respecting their private ease than the common utilitie and profit, as being carelesse of the commonwealth, doe in season of the year, lay into rivers, streams, brookes, and other fresh running-waters, their hemp and flaxe to be watred, keeping the same there long time; and also tanners and others doe lay likewise in the same waters, hydes with lyme bound up in them, by reason whereof the waters are so infected, as the fishes therein do die; such as are forced to drink thereof, as well man as beast, are poysoned; and meates or drinkes made therewith are perillously corrupted, to the great danger of man and beast; and that hitherto no punishment have been provided for the correction of this pernicious disorder: that it therefore be enacted &c., that no manner of person or persons, of what degree Hemp, flax, or condition soever he or she be, shall, from and after the proclamation of this act be made, lay into any river, stream, brooke, or other fresh-running water, any hemp or flaxe, or any hydes not be wa- bound as aforesaid, to be watred and seasoned, upon pain to lose and forfeit hemp, flaxe, and hyde or hydes, so layd as afore contrarie to this act, or of the treble value of the same, the one halfe of which forfeiture to be to the queen our soveraign lady, her heires and successours, and the other halfe to such as shall find or present the default; and such as shall be entitled to the said forfeiture, shall have an action of debt or detinue for the same, by writ, bill, plaint, or information in any of the the queens' courts, in which action or suit, no essoine, protection, priviledge, nor wager of law shall be allowed or admitted.

or hides

with lime in them, shall

tered in any running stream.

present

2. That the justices of the peace in everie shire, citie, and towne corporate, within limites of their commission and authoJustices may rities, shall have power and authoritie to inquire, hear, and inquire thereof upon determine everie offence hereafter to bee done or committed contrarie to this act, as well by information as by presentment afore them, and to make such processe upon every presentment as they commonly doe upon indictments of tresspasse. 4. [The act shall be proclaimed four times a year in market towns, and at the assizes and sessions.]

ment.

nuisances.

31 Geo. 3, c. 38 s. 2.—That it shall and may be lawful to 31 G. 3, c. 38. and for every grand jury which shall be duly impannelled at the assizes, or at any general quarter sessions to be held in Grand Juries any county, county of a city, or county of a town, within which may present all encroachany common shall lie, upon information on oath made ments upon before any magistrate of such county, county of a city, or commons, as county of a town respectively, who is hereby impowered to administer the same, being returned to such grand jury, of any encroachment which shall have been made within ten years from the time of passing this act, or which shall hereafter be made upon any such common, whether by inclosing any part thereof, or building any house, hut, or cabin upon the same, to present such encroachment by indictment or presentment, as a public nuisance, which indictment or presentment, if it shall not be defective on the face of it, shall be confirmed by the judge or justices before whom such grand jury shall be so impannelled; and upon such indictment or presentment being so confirmed, the sheriff of such county, county of a city, or county of a town, shall forthwith prostrate and abate every such nuisance.

versed,

3. Provided always, and be it enacted, that it shall and may Presentment be lawful to and for every person who shall be affected by such may be traindictment or presentment, to put in his traverse to the same, at the assizes, or at any general quarter sessions, at which it shall be so found and presented, by pleading that such inclosure, house, hut, or cabin is not an encroachment upon such common, which traverse shall be forthwith tried, if there shall be time for trying the same, and if not, then at the next assizes or general quarter sessions ensuing, and the verdict to be found upon such traverse shall be final and conclusive as to the matter of the same, saving to all persons, and to all bodies politic and corporate, their heirs and successors respectively, all rights of common to which they now are, or hereafter may be entitled,

court may

cutor,

1 & 2 Geo. 4, c. 41.-Whereas great inconvenience has Upon proarisen, and a great degree of injury has been and is now sus- secutions for nuisances by tained by his majesty's subjects, in various parts of the united steam enempire, from the improper construction, as well as from the ne- gines, the gligent use of furnaces employed in the working of engines by award costs steam. And whereas by law every such nuisance, being of a to the prosepublic nature, is abateable as such by indictment; but the expense attending the prosecution thereof has deterred parties suffering thereby from seeking the remedy given by law: be it therefore &c., that it shall and may be lawful for the court by which judgment ought to be pronounced in case of conviction on any such indictment, to award such costs as shall be deemed proper and reasonable to the prosecutor or prosecutors, to be paid by the party or parties so convicted as aforesaid, such award to be made either before or at the time of pronouncing final judgment, as to the court may seem fit.

1 & 2 G. 4.

c. 41.

Court may

2. That if it shall appear to the court by which judgment ought to be pronounced in case of conviction on any such indictment, that the grievance may be remedied by altering the construction make order of the furnace so employed in the working of engines by steam, for prevent- it shall be lawful to the court, without the consent of the proing the recurrence of secutor, to make such order touching the premises, as shall be the nuisance. by the said court thought expedient for preventing the nuisance in future, before passing final sentence upon the defendant or defendants so convicted.

Act not to extend to

steam en

gines used

3. Provided always, and be it enacted, that the provisions of this act, as far as they relate to the payment of costs and the alteration of furnaces, shall not extend or be construed to exfor mining or tend to the owners or proprietors or occupiers of any furnaces smelting. of steam engines erected solely for the purpose of working mines of different descriptions, or employed solely in the smelting of ores and minerals, or in the manufacturing of the produce of such ores or minerals on or immediately adjoining the premises where they are raised.

Vessels &c.

form quaran.

tine.

6 Geo. 4, c. 78 (a), s. 2.-That from and after the first coming from day of June, (1825,) all vessels, as well his majesty's ships of war places up as others, coming from, or having touched at any place from posed to be infected, whence his majesty, his heirs or successors, by and with the shall peradvice of his or their privy council, shall have adjudged and declared it probable that the plague or other infectious disease or distemper highly dangerous to the health of his majesty's subjects may be brought, and all vessels and boats receiving any person, goods, wares and merchandize, packets, packages, baggage, wearing-apparel, books, letters, or any other article whatsoever, from or out of any vessel so coming from or having touched at such infected place as aforesaid, whether such persons, goods, wares and merchandize, packets, packages, baggage, wearing-apparel, books, letters, or other articles shall have come or been brought in such vessels, or such person shall have gone, or articles have been put on board the same, either before or after the arrival of such vessels at any port or place in the united kingdom, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, and whether such vessels were or were not bound to any port or place in the united kingdom or the islands aforesaid, and all persons, goods, wares and merchandize, packets, packages, baggage, wearing-apparel, books, letters, or any other article whatsoever on board of any vessels so coming from or having touched at such infected place as aforesaid, or on board of any such receiving vessels or boats as aforesaid, shall be and be considered to be liable to quarantine within the meaning of this act and of any order or orders

(a) Entitled, "An act to repeal the several laws relating to the performance of quarantine, and to make other provisions in lieu thereof."

which shall be made by his majesty, his heirs and successors, by 6 G. 4, c. 78. and with the advice of his or their privy council, 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 when such persons, goods, wares, merchandize, packets, packages, baggage, wearing-apparel, books, letters, or other articles shall have been received on board respectively; and all such vessels and boats as aforesaid, and all persons (as well pilots as others), goods, wares and merchandize, and all other articles as aforesaid, whether coming or brought in such 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 port or place in the united kingdom or the islands aforesaid, and all persons, goods, wares and merchandize, and other articles as aforesaid on board such receiving vessel or boat as aforesaid, shall, upon their arrival at any such port or 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, his heirs or successors, by his or their order or orders in council, notified by procla mation, or published in the London Gazette; and that until such vessels and boats, persons, goods, wares and merchandize, and other articles as aforesaid, shall have respectively performed, and shall be duly discharged from quarantine, no such person, goods, wares or merchandize, or other articles as aforesaid, or any of them, shall, either before or after the arrival of such vessels or boats at any port or place in the united kingdom 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 port or place, although such vessels, so coming from such infected place as aforesaid, may not be bound to any port or place in the united kingdom 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, his heirs or successors, in council as aforesaid; and all such vessels and boats, whether coming from such infected place as aforesaid, or being otherwise liable to quarantine as aforesaid, and all persons (as well pilots as others), goods, wares and merchandize, and other articles 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 port or place in the united kingdom or the islands aforesaid, and although such vessels or boats shall not be bound to any port or place in the united kingdom or the islands aforesaid; and all commanders, masters, or other persons having the charge or command of any such vessels or boats, whether coming from any infected place, or being otherwise liable to quarantine as aforesaid, shall be subject to all provisions, rules, regulations, and restrictions contained in this act, or in any order or orders which shall be made by

6 G. 4, c. 78. his majesty, his heirs and successors, in council as aforesaid, 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 or orders of his majesty in council made under the authority thereof.

Lord lieute

tine.

4. Provided always, and be it enacted, that it shall and may nant may, by be lawful for the lord lieutenant or other chief governor or proclamation in the Dublin governors of Ireland, by his or their order or orders, made by Gazette, the advice and consent of his majesty's privy council in Ireland, make regulations respectand notified by proclamation, to give directions, where the ing quaran urgency of the case shall require, as to the place or places, and as to the time and manner in which ships and vessels arriving, and persons, goods, and merchandizes coming or imported into any port or place in Ireland, shall make their quarantine, in pursuance of the provisions of this act; and that until such ships, vessels, persons, goods, and merchandizes shall have respectively performed and been discharged from such quarantine, pursuant to the provisions of this act, it shall and may be lawful for any such persons, goods, or merchandizes, or any of them, to come or be brought on shore, or to go or be put on board any other ship or vessel in any place in Ireland, in such cases, and by such licence as shall or may be directed or permitted by any order or orders, to be made by the lord lieutenant or other chief governor or governors of Ireland, by the advice and consent of the privy council there, and notified as aforesaid; and that all such ships and vessels, and the persons or goods coming or imported in, or going and being put on board such ships or vessels, and all ships, vessels, boats, and persons receiving any goods or persons out of the same, and all persons going on board any such ship or vessels, shall be subject to such orders, rules, and directions concerning quarantine and the preventing infection, as shall be made from time to time by the lord lieutenant or other chief governor or governors of Ireland in council, and shall be notified by proclamation as aforesaid, in pursuance of the provisions contained in this act; and that the publication in the Dublin Gazette of any order or orders of the lord lieutenant or other chief governor or governors and council, made in pursuance of this act, shall be deemed and taken to be sufficient notice to all persons concerned, of all matters contained in any such order or orders respectively.

Goods and

vessels herein de

5. And whereas certain sorts of goods and merchandize are more especially liable to retain infection, and may be brought from places infected into other countries, and from thence imported into the united kingdom or the islands aforesaid; be it enacted, that all such goods and merchandize as shall be parscribed, sub- ticularly specified for that purpose in any order or orders made ject to qua- by his majesty, his heirs or successors, in council, concerning quarantine and the prevention of infection as aforesaid, which shall be brought or imported into any port or place in the united

rantine.