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Fort Havoc (Wallace Hale)

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CAP. VIII.

An ACT to prevent the Importation or Spreading of Infectious Distempers within this Province.

Passed the 8th February, 1799.

Preamble.

WHEREAS Infectious Distempers have lately prevailed in different parts of the United States of America: And whereas it is necessary to prevent, if possible, the Importation of such desolating Disorders into this Province,

No person coming in any Vessel from any infected place shall land without permission of a Justice of the Peace, under penalty of £10.

I. Be it enacted by the Lieutenant Governor, Council, and Assembly, That no Master, Mariner or Passenger whatsoever, belonging to or coming in any British vessel, or in any vessel owned in the United States of America, from any port or place where the yellow Fever, putrid bilious Fever, or other pestilential or contagious Distemper does prevail, shall land within the limits of any County in this Province, without permission first had and obtained in writing under the hand and seal of one of His Majesty's Justices of the Peace for such County, under the penalty of Ten Pounds, for each and every person so landing without a written permission as aforesaid.

Masters, &c. who shall land any person within the County of Charlotte without such permission, upon conviction, that such person had within 30 days been at any infected place in the United States, shall forfeit £10.

II. And be it further enacted, That if any Master, Owner, or other person whatever, having charge of any vessel or coasting craft, or of any boat, skiff or other craft, do land any person whatever within the limits of the county of Charlotte, taken from on board any vessel or craft whatever, or from any of the shores of the United States of America, or from Moose Island, Dudley Island, or Frederick Island, without a written permission first had and obtained as aforesaid, such offender shall, on conviction that such person so unlawfully landed has been, within Thirty days of such landing, at any port or place in the United States infected as aforesaid, forfeit and pay for every person so landed, the sum of Ten Pounds, and on failure of such payment shall suffer not exceeding Three Months' imprisonment.

Tavernkeepers, &c. to report to the nearest Justice, under penalty of £10.

III. And be it further enacted, That all Tavern-keepers and other House-keepers whatever, within the County of Charlotte, shall make immediate report to the nearest Justice of the Peace of all and every person whatsoever, coming by what route soever from any port or place infected as aforesaid, into any or either of their families, under the penalty of Ten Pounds, for each and every person so omitted to be reported as aforesaid.

Justices in Charlotte to remove aliens coming from infected places.

IV. And be it further enacted, That it shall and may be lawful for any of His Majesty's Justices of the Peace within the said County of Charlotte to remove forthwith, or direct to be removed, without the limits of this Province, any person or persons, not being His Majesty's subjects, who may have come into the said County from any port or place infected as aforesaid, (provided such person shall not have resided Thirty days within the said County,) in case he suspects danger of Infection from such person continuing to reside within the said County.

Justices of the Peace to make further regulations.

V. And be it further enacted, That it shall and may be lawful for the Justices of the Peace in the respective Counties at their General Sessions, or at any Special Session to be called for the purpose, to make such further rules and regulations in aid of the present Act, for the better preventing the Importation or spreading of such Infectious Distempers, with such pains and penalties not exceeding Ten Pounds, for each and every offence, against such rules and regulations as to them may seem meet.

Fines to be recovered before two Justices of the Peace.

VI. And be it further enacted, That the Fines and penalties in this Act mentioned, shall and may be recovered before any two of His Majesty's Justices of the Peace for the County where such offence shall be committed, on the Oath of one or more credible witness or witnesses, and applied to the benefit of such County.

Not to extend to City of Saint John.

VII. And be it further enacted, That this Act shall not extend or be construed to extend to the City of St. John.

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C. 8. Anno XXXIX. Geo. III. A. D. 1799.

[See 3 G. 4, C. 8.]

Index

Preamble.		WHEREAS Infectious Distempers have lately prevailed in different parts of the United States of America: And whereas it is necessary to prevent, if possible, the Importation of such desolating Disorders into this Province,
No person coming in any Vessel from any infected place shall land without permission of a Justice of the Peace, under penalty of £10.		I. Be it enacted by the Lieutenant Governor, Council, and Assembly, That no Master, Mariner or Passenger whatsoever, belonging to or coming in any British vessel, or in any vessel owned in the United States of America, from any port or place where the yellow Fever, putrid bilious Fever, or other pestilential or contagious Distemper does prevail, shall land within the limits of any County in this Province, without permission first had and obtained in writing under the hand and seal of one of His Majesty's Justices of the Peace for such County, under the penalty of Ten Pounds, for each and every person so landing without a written permission as aforesaid.
Masters, &c. who shall land any person within the County of Charlotte without such permission, upon conviction, that such person had within 30 days been at any infected place in the United States, shall forfeit £10.		II. And be it further enacted, That if any Master, Owner, or other person whatever, having charge of any vessel or coasting craft, or of any boat, skiff or other craft, do land any person whatever within the limits of the county of Charlotte, taken from on board any vessel or craft whatever, or from any of the shores of the United States of America, or from Moose Island, Dudley Island, or Frederick Island, without a written permission first had and obtained as aforesaid, such offender shall, on conviction that such person so unlawfully landed has been, within Thirty days of such landing, at any port or place in the United States infected as aforesaid, forfeit and pay for every person so landed, the sum of Ten Pounds, and on failure of such payment shall suffer not exceeding Three Months' imprisonment.
Tavernkeepers, &c. to report to the nearest Justice, under penalty of £10.		III. And be it further enacted, That all Tavern-keepers and other House-keepers whatever, within the County of Charlotte, shall make immediate report to the nearest Justice of the Peace of all and every person whatsoever, coming by what route soever from any port or place infected as aforesaid, into any or either of their families, under the penalty of Ten Pounds, for each and every person so omitted to be reported as aforesaid.
Justices in Charlotte to remove aliens coming from infected places.		IV. And be it further enacted, That it shall and may be lawful for any of His Majesty's Justices of the Peace within the said County of Charlotte to remove forthwith, or direct to be removed, without the limits of this Province, any person or persons, not being His Majesty's subjects, who may have come into the said County from any port or place infected as aforesaid, (provided such person shall not have resided Thirty days within the said County,) in case he suspects danger of Infection from such person continuing to reside within the said County.
Justices of the Peace to make further regulations.		V. And be it further enacted, That it shall and may be lawful for the Justices of the Peace in the respective Counties at their General Sessions, or at any Special Session to be called for the purpose, to make such further rules and regulations in aid of the present Act, for the better preventing the Importation or spreading of such Infectious Distempers, with such pains and penalties not exceeding Ten Pounds, for each and every offence, against such rules and regulations as to them may seem meet.
Fines to be recovered before two Justices of the Peace.		VI. And be it further enacted, That the Fines and penalties in this Act mentioned, shall and may be recovered before any two of His Majesty's Justices of the Peace for the County where such offence shall be committed, on the Oath of one or more credible witness or witnesses, and applied to the benefit of such County.
Not to extend to City of Saint John.		VII. And be it further enacted, That this Act shall not extend or be construed to extend to the City of St. John.