CHAPTER XII. INDICTMENTS, &c. FOR OFFENCES AGAINST FOR BREACH OF QUARANTINE. [COMMENCEMENT of information as ante 6.] That on, &c. Information an order was made by the king in council, whereby it was ordered by attorney that if any pilot or other person should go on board any ship or (a) See this sketch of the information, 4 T. R. 202. 2 Leach, 549. As to this offence, see 4 Bla. C. 161. The regulations respecting quarantine are directed by the 26 Geo. II. c. 6. 28 Geo. III. c. 34, 39. & 40 Geo. III. c. 80. and 45 Geo. III. c. 10. By the first of these statutes any vessel arriving at any part of Great Britain, Ireland, and the islands adjoining, from any place where an infectious disease is suspected to have been prevalent, is obliged to make quarantine at such places and in such manner as is directed by Orders general against a party for breach of qua. rantine. (a) vessel obliged to perform quarantine, such pilot or other person should perform quarantine in like manner as any person coming in such ship or vessel should be obliged to perform the same; that the order was published in the gazette in the same month, and has ever since been in force that the defendant, well knowing the premises, but having no regard to the laws and statutes of this realm, afterwards, on, &c. at, &c. with force and arms went on board a certain ship called the Stephen, which was obliged to perform quarantine, in order to conduct the same into the port of Bristol, and did not perform quarantine in like manner as any person coming in the said ship or vessel was obliged to perform the same, but that the defendant, on, &c. at, &c. with force and arms, unlawfully quitted the said ship by going on board a certain other ship or vessel, in a certain place within his majesty's dominions, before the ship (Stephen) had fully performed, and been discharged from, such quarantine, he the said defendant not being in any manner or in any case, or by any licence directed or permitted by any order made by his majesty in council so to do, in contempt, shore, or to any other vessel, unless by licence, or shall not in convenient time after due notice re pair to the places appointed, he shall forfeit £500., half to the king, and half to the informer. If any other part of the ship's company transgress by coming on shore, they shall forfeit £200. to be recovered in the same way, and be imprisoned for six months, s. 5. In the construction of this act, it has been holden that the prohibition in the first section being independent of the penalties contained in the fifth, makes the transgression of its regulations an offence at common law, for which the party may be indicted, and may be punished as for a misdemeanour at the discretion of the court, in which the defendant was convicted, 4 T. R. 402. 2 Leach, 551,2. But a pilot going to the ship and returning before the expiration of the quarantine, is not liable to the penalties of s. 5. though he may be punished for a misdemeanour at common law, id. ibid. By 45 Geo. III. c. 10. s. 41. judges of K. B. have a power to commit persons apprehended, and indicted previous to their trial, and by s. 42. all offences of this nature may be tried in any county without regard to the place where the cause of the prosecution arises. The 26 Geo. II. c. 6. s. 2. directs that if the plague shall break out in any ship to the north of Cape Finisterre, the master or other person who has the command thereof, must proceed to the harbour of New Grimsby, in the Islands of Scilly, (which by 29 Geo. II. c. 8. is altered to St. Helen's Pool) and there make known his situation to some officer of the customs there who is immediately to send intelligence to one of the secretaries of state, that measures may be taken for the relief of the crew. In the mean time, the commander must keep the ship there, or if he cannot reach that port, remain at sea, without suffering any of the ship's company to leave it, or having any intercourse with other vessels. Any breach of these regulations by the master or other person on board is declared felony, without benefit of clergy. &c. to the evil example, &c. against the peace, &c. and also against the form of the statute, &c. FOR EXPOSING PERSONS WITH INFECTIOUS DISORDERS. That on, &c. E. F. an infant of tender age, to wit, about the age of Indictment for exposing a one year was infected, ill, and sick of and with a certain contagious, child infected infectious, and dangerous disease and sickness called the small with the small pox in public pox, at, &c. And that A. B. the wife of C. D. late of, &c. aforesaid, streets. (b) the mother of the said E. F. well knowing the premises aforesaid, afterwards, and whilst the said E. F. was so infected, ill, and sick as aforesaid, to wit, on, &c. aforesaid, with force and arms, at, &c. aforesaid, unlawfully, and injuriously did take and carry the said E. F. into and along a certain open public way and passage called, &c. situate in, &c. aforesaid, used for all the liege subjects of our said lord the king on foot, to go, return, and pass in, along, and through, in which said public way and passage, there were divers liege subjects of our said lord the king, and near unto and by divers dwelling houses, habitations, and residences of divers liege subjects of our said lord the king, then there dwelling, inhabiting, and residing, and unto and into a certain common highway, situate and being in, &c. aforesaid, used for all the liege subjects of our said lord the king on foot, and with horses, coaches, carts, and carriages, to go, return, pass, ride, and labour in, along, and through, in and along which said common highway there, divers liege subjects of our said lord the king were then going, returning, passing, riding, and labouring, and amidst, and among divers liege subjects of our said lord the king, who then and there, to wit, in the same common highway, in the parish and county aforesaid, had met and assembled together, and that the said S. F. afterwards, and whilst the said J. F. the younger, was so infected, ill, and sick as aforesaid, to wit, on, &c. and on divers other days and times, between that day and the 29th April in the same year, with force and arms, at, &c. aforesaid, wrongfully and injuriously (b) Obtained from crown office. The indictment should state that the defendant knew the child to be infected with the small pox, Andr. 162. In general, if the in dictment be defective, the court did take and carry the said E. F. the younger, into and along the aforesaid open and public way and passage called, &c. and near unto and by the aforesaid dwelling houses, habitations, and residences of divers liege subjects of our said lord the king, there dwelling, inhabiting, and residing, and also near unto and by divers liege subjects of our said lord the king, in the said open and public way and passage, on, &c. and on the said other days and times there being, to the great and manifest danger of infecting with the said contagious, infectious, and dangerous disease and sickness called the small pox, all the liege subjects of our said lord the king, who, on the several days and times aforesaid, were in and near the aforesaid open and public way and passage, dwelling houses, habitations, residences, and common highway, and who had not had the said disease and sickness, to the great damage and common nuisance of all the said last mentioned liege subjects of our said lord the king, to the evil example of all other persons in like cases offending, and against the peace of our said lord the Second count. king, his crown and dignity. And the jurors, &c. that the said S. V. well knowing that the said E. F. was so infected, ill, and sick as aforesaid, afterwards and whilst the said E. F. was so infected, ill, and sick, to wit, on the said, &c. and on divers other days and times between that day and the said, &c. in the same year, with force and arms, at, &c. aforesaid, unlawfully and injuriously did take and carry the said E. F. into and along the aforesaid open public way and passage called, &c. situate and being, &c. and near unto and by the aforesaid dwelling houses, habitations, and residences of divers liege subjects of our said lord the king there dwelling, inhabiting, and residing, and also near unto and by divers liege subjects of our said lord the king, in the said open and public way and passage, on, &c. and on the said other days and time as last mentioned there being, to the great and manifest danger of infecting with the said contagious, infectious, and dangerous disease and sickness called the small pox, divers and very many of the liege subjects of our said lord the king, who on the said, &c. and on the said divers other days and times last mentioned, were in the said open and public way and passage, and who dwelled, inhabited, and resided there, and near thereto, and who had not had the said disease and sickness, to the great damage and common nuisance, &c. to the evil, &c. and against Third count. the peace, &c. And the jurors, &c. that the said A. B. well knowing that the said E. F. was so infected, ill, and sick as aforesaid, afterwards and whilst the said E. F. was so infected, ill, and sick, to wit, on, &c. aforesaid, with force and arms, at, &c. unlawfully, and injuriously did take and carry the said E. F. unto and into the aforesaid common highway, situate and being, &c. in and along which said common highway there, divers liege subjects of our said lord the king were then going, returning, passing, riding, and labouring, and amidst and among divers liege subjects of our said lord the king, who then and there, to wit, in the said common highway, had met and assembled together, to the great and manifest, &c. [as in first count.] oculated chil house with the small pox, for causing them to be brought streets while Middlesex. That C. D. late of, &c. surgeon on, &c. and on Against a surdivers other days between that and the 10th day of June, in the geon who insame year, with force and arms at, &c. aforesaid, unlawfully and dren at his own injuriously did inoculate and infect E. F., an infant of tender years, to wit, about the age of one year, G. H. an infant of tender years, to wit, about the age of three years, I. J. an infant of tender years, there through to wit, about the age of fifteen months, and divers other infants of the public tender years, whose names to the jurors aforesaid are unknown, infected with with a certain contagious infection, and dangerous sickness and the contagious disorder. (c) disease called the Small Pox, by means whereof the said E. F., G. H. and I. J. and the said divers other infants, on the said, &c. and on the said other days and times at, &c. aforesaid, became and were ill and sick of and with the said contagious infection, and dangerous sickness and disease, and that the said C. D. well knowing the premises aforesaid, after he had so inoculated and infected the said E. F., G. H., 1. J. and the said divers other infants, and whilst the said E. F., G. H. and I. J. and the said divers other infants were ill and sick of and with the aforesaid contagious, infectious, and dangerous sickness and disease as aforesaid, to wit, on the said, &c. and on the said other days and times with force and arms, at, &c. aforesaid, unlawfully and injuriously, did cause and procure the said E. F., G. H., I. J. and the said divers other infants to be taken, carried and conveyed into and along a certain public street, and common highway called, &c. situate and being in, &c. aforesaid, and into and along divers other public streets and common highways there also situate and being used for all the liege subjects of our said lord the king on foot, and with horses, coaches, carts, and carriages, to go, return, pass, ride, and labour in, along, and through, in and along which said several streets and common highways, there divers liege subjects of our said lord the king were then, to wit, on the said, &c. and on the said other days and times going and returning, passing, riding, and labouring, and near unto and by divers dwelling houses, habitations, and residences of divers liege subjects of our said lord the king then and (c) The defendant was convicted, and the court held him guilty of an offence at common law, Rex v. Taunton, Hilary Term, 55 Geo. |