CHAP. XIX.

[Chapter CCVI in original.]

bills of 1779,

An act to oblige vessels coming from [From Rev. foreign parts to perform quaran chap. 78.1

tine.

[Chan Rev. p. 214.]

1. WHEREAS it is necessary to compel vessels ar- Quarantine riving in this country from foreign parts of the world, in foreign to perform quarantine in certain cases, Be it enacted vessels, may be prescrib by the General Assembly, That vessels, persons, and ed by govmerchandize, coming or brought into any place with- ernor in

in this commonwealth, from any other part of the world, conncil by

proclama

whence the governor with advice of his council shall tion.
judge it probable that any plague or other infectious
disease may be brought, shall be obliged to make their
quarantine in such place, during such time, and in such
manner, as shall be directed by the governor, by his
order in council, notified by proclamation, to be pub-
lished in the Virginia Gazette; and until they shall be
discharged from the quarantine, no such persons or
merchandize shall come or be brought on shore, or go
or be put on board of any other vessel in the common-
wealth, but in such manner, in such cases, and by such
licence, as shall be permitted by the order; and the ves-
sels and persons receiving goods out of her, shall be
subject to the orders concerning quarantine, and for
preventing infection which shall be made by the gover-
nor in council and notified as aforesaid. The master
of a vessel coming from sea, on board of which there
shall be a person infected with the plague or other pes-
tilential disease, shall immediately make the case known

to some naval officer, who shall send intelligence there- Rules for ob
of with all speed to the governor, that measures may serving qua-
be taken for support of the crew, and precautions used rantine.
to prevent the spreading of the infection; and the mas-
ter shall not enter into any port but shall remain in some
open road, and shall avoid and hinder all intercourse with
other vessels or persons; nor shall any of the passengers
or crew go on shore until the order of the governor in
council shall be received by the master.
shall offend against this act in either or any of the quiry when
forementioned instances, shall be amerced the sum of from infect
five hundred pounds. When a place shall be infected ed placos.
with the plague or other pestilential disease, or when

Vot. XI.

R2

Penalty for Whosoever breach. En

vessels come

Various penalties.

the governor with advice of the council, shall have
notified by proclamation published in the Virginia
gazette, that it is judged probable the plague or other
pestilential disease may be brought from any place, if
a vessel from such place shall be coming into a port
of the commonwoalth; the naval-officer, or person who
shall be authorized to see quarantine performed, shall
go
off or cause some other to go off to the vessel, and
at a convenient distance require the commander to de-
clare what is his name, at what places the cargo was
taken on board, at what places the vessel touched in
her passage, whether any of those places were infected
with the plague or any other pestilential disease, how
long the vessel had been in her passage, how many
persons were on board when she set sail, whether any
on board during the voyage had been infected with the
plague or other pestilential disease, and who they are,
how many died in the voyage, and of what distemper,
what vessels he or any of his company with his privity
went on board of, and whether any of their company
had been on board of his vessel in their voyage, and
to what places those vessels belonged, and what are
the contents of his lading. And if it shall appear by
the examination that the vessel ought to perform quar-
antine, the officers of the ships of war and forts and
garrisons, or other officers civil or military of the com-
monwealth, having notice thereof, and other persons
called to their assistance, may force such vessel by vi-
olence, and if necessary by firing guns at her, to go to
the place appointed for quarantine. The master of a
vessel coming from a place infected with the plague or
other pestilential disease, or having any person on
board so infected, who shall conceal it, or who shall
not give true answers to the questions so to be pro-
pounded to him, shall be amerced the sum of five hun-
dred pounds. The master of a vessel ordered to per-
form quarantine, when he shall be required, after his
arrival at the place appointed, shall deliver to the offi-
cer authorized to see it performed there, the bills of
health and manifests he shall have received during the
voyage, with his log-book and journal; and refusing
or neglecting so to do, or to repair in convenient time
after notice to the place appointed, or escaping from
thence before quarantine performed, shall be amerced
the sum of five hundred pounds. Persons ordered to

perform quarantine, if they shall escape, may be com-
pelled to return, or if they shall attempt to escape, may
be detained by the persons who shall be authorized to
see the qurantine performed, and who may employ
force and call for the assistance of others, if it be ne-
cessary, for this purpose. Any person going on board
a vessel or into a place under quarantine, without li-
cense from the superintendant thereof, may be com-
pelled to remain there, in the same manner as he
might have been if he had been one of the crew of the
vessel. A naval officer, or person authorized to exe-
cute an order concerning quarantine, guilty of wil-
ful breach or neglect of duty, shall be amerced the sum
of one thousand pounds. And any person embezzling.
or wilfully damaging goods performing quarantine
under his direction, shall be liable to the party injured
for treble the value of the damages sustained thereby.
The vessel, persons, and goods, after quarantine per-
formed, certificate thereof, and that they are free from
infection, being given by the superintendant, shall be
no further restrained by virtue of this act.
A person
authorized to see quarantine performed, or a watch-
man upon any vessel, place, or goods under quaran-
tine, deserting his duty, or willingly permitting a per-
son, vessel, or goods, to depart, or be coneyed away
from the place where the quarantine ought to be per-
formed, without a lawful licence; or a person empowered
to give a certificate of the performance of quarantine,
knowingly giving a false certificate, shall be amerced
the sum of one hundred pounds. The forfeitures in-
flicted by this act shall be to the use of the common-
wealth, and shall be recovered by action of debt, in
which action the defendant shall be ruled to give spe-
cial bail.

Exnences,

II. And be it further enacted, That the governor in council, shall direct the auditors to issue their war- how defrayrants on the treasurer for such sums of money as may ed. be necessary for the support of the persons performing quarantine and those appointed to see it performed, who is directed to pay the same out of the public money in his hands, appropriated to defray the contingent charges of government, and shall be repaid by the master or owner of the vessel, after quarantine performed.

[Ch. CCVH in original.1

navigable

CHAP. XX.

An act for culling a navigable canal from the waters of Elizabeth river to the waters of North river.

1. WHEREAS the opening a communication of the waters of Elizabeth river with those of North river, will be of great benefit and advantage, as well to the inhabitants of the interior parts of this state as those of the state of North-Carolina, and it is represented to this present assembly that many persons are willing and desirous to subscribe and contribute thereto: For the encouragement therefore of so useful an undertaking,

II. Be it enacted, That Thomas Brown, George Trustees ap- Kelley, Peter Singleton, Josiah Parker, William pointed o receive sub- White, James Hunter, John King, Daniel Sandford, scriptions and Solomon Shepherd, gentlemen, are hereby refor cutting a spectively authorized and empowered to take and recanal, from ceive subscriptions for that purpose. And if any perElizabeth ri son or persons shall neglect, fail, or refuse to pay the ver to North several sums of money by them respectively subscribed river. for the purposes of this act, it shall and may be lawful for the said trustees respectively, to sue for and recover the same in the name of the trustees for opening the said communication.

III. And be it further enacted, That the said trustees, or the major part of them, shall have full power and authority to contract and agree with any person or persons for opening the said communication for the passage of vessels, in such manner as to the said trustees shall seem most proper; and it shall and may be lawful for the said trustees, or any person or persons employed by them in the execution of this act, to go on the lands of any person whatsoever, and to dig, cut out, and open such canals or aqueducts, for the passage of the waters of the said rivers, and to build and place such locks therein as they shall think proper, without being subject to any action for the same; and if any suit shall be commenced for any thing to be done in pursuance of this act, the person or persons sued may plead the general issue, and give this act in

evidence; and every court before whom such suit shall be prosecuted, where a verdict shall be found for the defendant, or the plaintiff shall be nonsuited, shall award judgment for the defendant, with treble costs. Provided always, That the lands through which such canal or aqueduct is proposed to be opened, shall be first viewed and valued by a jury to be empannelled and sworn by order of the court of the county where such lands lie, on application of the trustees, in the same manner as is by law directed in cases of petitions preferred for land to build a mill on, and to be paid for by the said trustees, before such proposed canal or aqueduct shall be cut or opened.

IV. And be it further enacted, That the said trustees, or the major part of them, from time to time, as often as they shall see occasion, shall and may appoint a person or persons to act as treasurer or treasurers, who shall in the court of the county where he or they shall reside, give bond with sufficient security, in a reasonble penalty, payable to the said trustees and their successors, at all times when required, render a true and faithful account to the said trustees of all monies which shall come to his or their hands, and pay the same to such person or persons as the said trustees, or the major part of them, shall order and direct.

V. And be it further enacted. That in case of the death, resignation, removal out of the country, or other legal disability, or any one or more of the trustees nominated in this act, it shall and may be lawful for the surviving or remaining trustees, or any five of them, from time to time, to elect and choose so many other persons in the room of those so dead, resigning, removing, or disabled, as shall make up the number of nine; which trustees so chosen, shall be vested with the same power and authority as any other in this act particularly named. And to prevent disputes concerning the place where the said canal shall be cut,

VI. Be it enacted, That John Coleman, Joel Watkins, James Wall, James Mason, Samuel Goode, Isaac Coles, and Andrew Meade, gentlemen, or any four of them, are hereby appointed commissioners; and they, or any four of them, are hereby required, as soon as may be, to view and fix on the place where the said canal or aqueduct shall be cut or opened, and that it