1721: 8 George 1 c.10: Repeal of Quarentine Act Clauses

1721 8 George 1 c.10: An Act for repealing such Clauses in the Act passed in the Seventh Year of his Majesty’s Reign (relating to Quarentine and the Plague) as give Power to remove Persons from their Habitations, or to make Lines about Places infected.

WHEREAS by an Act passed in the Seventh Year of the Reign of his present Majesty,

[7 Geo. 1. Stat. 1. c.3.]

[intituled, An Act for repealing an Act made in the Ninth Year of the Reign of her late Majesty Queen Anne, intituled, An Act to oblige Ships coming from Places infected, more effectually to perform their Quarentine; and for the better preventing the Plague being brought from Foreign Parts into Great Britain, or Ireland, or the Isles of Guernsey, Jersey, Alderney, Sark, or Man; and to hinder the Spreading of Infection,] It is, amongst other Things enacted, That if any Person infected with the Plague, or obliged to perform Quarentine, shall wilfully refuse or neglect to repair within convenient Time, after due Notice for that Purpose given to him, her, or them, by the proper Officer, to the Ship, House, Lazaret, or other Place, duly appointed for him, her, or them, or having been placed in such Ship, House, Lazaret, or other Place, shall escape, or attempt to escape out of the same, whilst he, she, or they shall continue infected, or before Quarentine fully performed respectively, it shall and may be lawful to and for the Watchmen, and other Persons appointed to see Quarentine performed, by any Kind of Violence, that the Case shall require, to compel every such Person so refusing or neglecting, as aforesaid; and every such Person so escaping, or attempting to escape, as aforesaid, to repair or return unto such Ship, House, Lazaret, or other Place so appointed for him or her, as aforesaid; and every such Person so refusing or neglecting to repair within convenient Time after such Notice, as aforesaid, into such Ship, House, Lazaret, or other Place appointed for him or her, as aforesaid, and also every Person actually escaping, as aforesaid, shall be adjudged guilty of Felony, and shall suffer Death as a Felon without Benefit of Clergy: And it is by the said recited Act also further enacted, That if at any Time or Times hereafter, any City, Town, or Place within Great Britain, or Ireland, shall be infected with the Plague, It shall and may be lawful to and for his Majesty, his Heirs and Successors, to cause One or more Line or Lines, Trench or Trenches, to be cast up or made about such infected City, Town, or Place, at a convenient Distance from the same, in Order to cut off the Communication between such infected City, Town, or Place, and.the Rest of the Country; and to prohibit all Persons, Goods, and Merchandizes whatsoever, to enter, pass, or be carried over such Lines or Trenches, unless in such Cases, and by such proper Licence, and subject to such Regulations and Restrictions for Performance of Quarentine, as shall be directed or permitted by any Order or Orders made, or to be made by his Majesty, his Heirs or Successors, in Council, and notified by Proclamation; and in Case any Person or Persons, being within such Lines or Trenches, or any of them, shall, during the Time of such Infection, presume or attempt to come out of the same, unless in such Cases, and by such proper Licence, and subject to such Regulations and Restrictions for Performance of Quarentine, as shall be directed or permitted by such Order or Orders made or to be made, and notified, as aforesaid, it shall and may be lawful to and for the Watchmen, or Persons appointed to guard or secure such Lines or Trenches, or any of them, by any Kind of Violence that the Cafe shall require, to compel all and every such Person and Persons to return back within such Lines or Trenches, and in Case any Person shall actually come out of such Lines or Trenches, or any of them (unless, in such Cases, and by such proper Licence, and subject to such Regulations and Restrictions, as aforesaid) every such Person shall be adjudged guilty of Felony, and suffer Death as a Felon without Benefit of Clergy: And whereas the Execution of the Powers and Authorities mentioned in the said recited Clauses might be very grievous to the Subjects of thus Kingdom;

[The Clauses in the recited Act, giving Power to remove Persons infected to any Ship, &c. or to make any Lines about any City, &c. infected, or to compel Persons to remove from their Habitations, repealed after March 25 1722.]

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 the said recited Clauses, and the Powers therein mentioned, and all other Powers in the said Act, to compel any Person or Persons to remove from his, her, or their Habitations, to any Ship, Lazaret, or other Place, shall be, and are hereby repealed and made void from and after the Five and twentieth Day of March, One thousand seven hundred and twenty-two.

[This Act shall not repeal any Powers or Penalties in the former Act, relating to Persons obliged to perform Quarantine, &c.]

II. Provided always, That nothing in this Act contained, shall be construed to repeal or make void any of the Powers or Penalties in the said recited Act mentioned, relating to Persons who shall be on board any Ship obliged to perform Quarentine, or shall come on Shore, or go on board any other Ship from any Ship obliged to perform Quarentine, but that such Powers and Penalties shall be and remain in as full Force, as if this Act had not been made.

Source: Baskett, Statutes at Large, volume 5, 1735, p.374-5.