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GRO.

-QUAR

the Farty to

order to be

become

to Gaol.

Quarantine, or with any breach or Difobedience of any 45 G20. 11, Order or Orders which fhall be made by His Majesty, His c. 10, Heirs or Succeffors, in Council as aforefaid, or of any Order ANTINE. or Orders made by the Lords or others of the Privy Council, filed, the or any Three or more of them as aforefaid, and the fame Judge of fhall be made appear to any Judge of His Majefty's Court the Court of King's Bench, by Affidavit or by Certificate, of an In- may caufe dictment or Information being filed againft fuch Perfon or be apprePerfons in the faid Court for fuch Offence, it shall and may hended in be lawful for fuch Judge to iffue his Warrant in writing bound for under his Hand and Seal, and thereby to cause fuch Perfon his Appearor Persons to be apprehended and brought before him or ance, and if fome other Judge of the faid Court, or before fome One of he refufe to His Majefty's Justices of the Peace, in order to his, her, or bound he their being bound to the King's Majesty with two fufficient may be Sureties in fuch Sum as in the faid Warrant fhall be expreff- committed ed, with Condition to appear in the faid Court at the Time mentioned in fuch Warrant, and to answer to all and fingular Indictments or Informations for any of the Offences aforefaid; and in cafe fuch Perfon or Perfons fhall neglect or refuse to become bound as aforefaid, it shall be lawful for fuch Judge or Justice of the Peace refpectively, to commit fuch Perfon or Perfons to the common Gaol of the County, City, or Place where the Offence fhall have been committed, or where he, fhe, or they fhall have been fo apprehended, until he, she, or they fhall have become bound as aforefaid, or fhall be discharged by Order of the faid Court of King's Bench in Term Time, or by One of the Judges of the faid Court in Vacation, and the Recognizance or Recognizances to be taken thereupon fhall be returned and filed in the faid Court, and fhall continue in force until fuch Perfon or Perfons fhall have been acquitted of fuch Offence, or in cafe of Conviction fhall have received judgment for the fame, unless fooner ordered by the faid Court to be difcharged; Where Per and that where any Perfon or Perfons, by virtue of fuch fons are de Warrant and Commitment as aforefaid, is or are now de- Want of tained, or fhall hereafter be committed and detained in any Bail, the Gaol for Want of Bail, it shall be lawful for the Profecutor Profecutor of fuch Indictment or Information to caufe a Copy thereof may cause a Copy of the to be delivered to fuch Perfon or Perfons, or to the Gaoler, Indictment Keeper, or Turnkey of the Gaol wherein fuch Perfon or to be deli Perfons is, are, or fhall be fo detained, with a Notice thereon

tained for

-QUAR

within a

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45 GEO.111, indorfed, that unless fuch Perfon or Perfons fhall, within c. 10, eight Days from the Time of fuch Delivery of a Copy of ANTINE. the Indictment or Information as aforefaid, cause an Apvered to the pearance, and also a Plea or Demurrer to be entered in the Gaoler, faid Court to fuch Indictment or Information, an Appearwith Notice ance and the Plea of Not Guilty will be entered thereto, in ' that, unless the Name or Names of fuch Perfon or Perfons refpectively; an Appearance, &c. and in cafe he, she, or they fhall thereupon, for the faid be entered Space of Eight Days after fuch Delivery of a Copy of the Indictment or Information as aforefaid, neglect to caufe an Time, they Appearance, and also a Plea of Demurrer to be entered in will be en the faid Court to fuch Indictment or Information, it shall be tered, in which Cafe lawful for the Profecutor of fuch Indictment or Information, certain Pro- upon an Affidavit being made and filed in the faid Court, of ceedings a Delivery of a Copy of fuch Indictment or Information, fhall be had. with fuch Notice indorfed thereon as aforefaid, to fuch Perfon or Perfons, or to fuch Gaoler, Keeper, or Turnkey, as the Cafe may be, which Affidavit may be made before any Judge or Commiffioner of the faid Court authorized to take Affidavits in the faid Court, to cause an Appearance and the Piea of Not Guilty to be entered in the faid Court to fuch Indictment or Information, for fuch Perfon or Persons refpectively; and fuch Proceedings fhall be had thereupon, as if the Defendant or Defendants in fuch Indictment or Information had appeared and pleaded Not Guilty, according to the ufual Courfe of the faid Court; and that if upon the Trial of fuch Indictment or Information, the Defendant or Defendants fo committed and detained as aforefaid fhall be acquitted of all the Offences therein charged upon him, her, or them, it fhall be lawful for the Judge before whom fuch Trial fhall be had, although he may not be One of the Judges of the faid Court of King's Bench, to order that fuch Defendant or Defendants fhall be forthwith difcharged out of Cuftody, as to his, her, or their Commitment as aforefaid; and fuch Defendant or Defendants fhall be thereupon difcharged accordingly.

Where Of

be tried.

42, And be it further enacted, That all Offences comfences may mitted contrary to or in Breach or Violation of this or any other Act hereafter to be paffed, or of any Order or Orders of His Majesty, His Heirs or Succeffoes, now or hereafter to be made in His or their Privy Council, concerning Quarantine and the Prevention of Infection, and notified by Proclamation,

=QUA RANTINE.

or published in the London Gazette, or of any Order or 45 GEO.III, Orders made by Three or more of the Lords or others of the c. 10, Privy Council as aforefaid, whether the faid Offence fhall be done and committed within the Body of any County, or upon the High Seas or elsewhere, fhall and may be tried, heard, and determined in any County within England or Scotland, or in the proper Courts of the Ifles of Guernsey, Jersey, Alderney, Sark, or Man, refpectively.

43. And be it further enacted, That if any Action or Suit fhall be commenced against any Perfon or Perfons, for any Thing done in purfuance and Execution of this prefent Act, or of any Order of Council made by virtue thereof, the Defendant or Defendants in fuch Action or Suit may plead the General Iflue, and give this Act and the fpecial Matter in Evidence at any Trial to be had thereupon, and that the General iffame was done in purfuance and in Execution of the faid fue. Act; and if it fhall appear fo to have been done, then the Jury fhall find for the Defendant or Defendants; and if the Plaintiff fhall be nonfuited, or difcontinue his Action after the Defendant or Defendants fhall have appeared, or if Judgment fhall have been given upon any Verdict or Demurrer against the Plaintiff, the Defendant or Defendants fhall and may recover treble Cofts, and have the like Reme- Treble dy for the fame as the Defendant or Defendants hath or have Cofts. in other Cafes by Law; and that no fuch Action or Suit fhall be brought against any Perfon for any Matter or Thing done Limitation in purfuance or Execution of this Act, but within the Space of Actions. of Two Months after fuch Matter or Thing fhall have been

done.

Commencc

44. And be it further enacted, That this Act fhall com- ment of mence and take Effect, except as is herein-before otherwife Aa, which provided, on the Fifth Day of April One thousand eight may be alhundred and five, and may be altered, varied, or repealed, by any Act or Acts to be made in this prefent Seffion of Par- Seffion. liament.

tered or re

pealed this

Vol I.

No. LXIX.

45 GEO. III, c. 48, Nominating Commiffioners for levying the

Land Tax.

3, PROVIDED always, and be it enacted by the Authority forefaid, that the feveral and refpective Perfons hereby appointed Commiffioners fhall be fubject and liable to the fame Qualifications, and to fuch and the fame Pains, Penalties, and Forfeitures, for the like or fimilar Offences, as the feveral and respective Perfons acting in Execution of the said recited Act, made in the 38th Year of the Reign of his prefent Majefty, intituled, An A&t for granting an Aid to his Majefty by a Land Tax, to be raised in Great Britain for the Service of the Year 1798," are thereby made fubject and liable to: Provided alfo, that all Perfons who shall act as Juftices of the Peace of or for any County, Riding, Shire, or Stewartry in Great Britain, being duly qualified as aforefaid, may act as fuch Commiffioners, although not specially named in this At: Provided alfo, that the Acts before mentioned made in the 37th, 38th, and 40th Years of the Reign of his prefent Majesty, fhall continue in force until and upon the 10th Day of October 1805, any Thing herein or in the faid recited Act of this Seffion of Parliament to the contrary notwithstanding.

END OF THE FIRST VOLUME.

!

Edinburgh, printed by Mundell and Son.

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