thus, if a guest demand and have exclusive possession of a room, for the purpose of a shop or warehouse, he exonerates the landlord from any loss he may sustain in the property which he keeps in that apartment; but it is otherwise if he have not the exclusive possession of the room. The innkeeper cannot oblige the guest to take charge of his own goods; for this, in effect, would be a refusal to admit them into the inn. And it is no excuse for an innkeeper to say that he delivered the key of the chamber whence the property was stolen to the guest, who left the door open. A case of this sort occurred very recently, at Brighton.-A lady having left the door of her bed-room, of which she had the key, open for a few minutes, 50l. were abstracted from her reticule. The innkeeper contended that the plaintiff, by selecting particular apartments, and taking the key, had exonerated him from his liability. The jury found for the plaintiff; and upon a motion for a new trial, Lord Tenterden said,-"By the common law of this country, and also by the civil law, the principle of the liabilities of innkeepers was founded on two reasons; first, to compel the landlord to take care that no improper company was admitted into his house; and, secondly, to prevent collusion.-The principle, as stated in the civil law, was this- 'Ne, quisquam putet graviter hoc in eos constitum esse; nam est in ipsorum arbitrio nequem recipient; et nisi hoc esset statutum, materia daretur cum furibus, adversus eos quos recipiunt, coeundi: cum ne nunc quidem abstinent hujusmodi fraudibus.' It was true that, in the present state of society, was very difficult to prevent the intrusion of improper company into inns. But still the principle was such as he had stated it to be, and it would be dangerous to relax it; and he did not think that the taking rooms in this way was sufficient to discharge the landlord. Then, as to the objection that the cases did not extend to money, it was clear that money was as much within the principle as goods, and that no substantial distinction could be made. He was therefore of opinion that the verdict was right."-Rule refused. A landlord may exempt himself from liability, if he can show that the loss was occasioned by the misconduct of the guest; as, if his goods are stolen by his own servant or companion. It has been decided that a man is a guest at an inn, if he leave his horse at it, though he has not gone into it himself. If a man come to an inn, and make a contract for lodging for a set time, and do not eat or drink there, he is no guest, but a lodger, and, as such, not under the innkeeper's protection; but if he eat and drink, or pay for his diet there, it is otherwise. Any innkeeper or alehouse keeper, knowingly receiving and harbouring any person convicted of an offence against the revenue laws, for which he has been in prison, or for which he has fled, shall forfeit 1007. and have no licence for the future. 4. Remedy of an Innkeeper against his Guest.-An innkeeper may, without any agreement to that effect, detain the person of a guest who has eaten in his house, until payment; and he may do the same by the horses in his stable. An innkeeper is not entitled to recover for spirits supplied to his guests, of the value of 20s. and upwards, unless supplied or contracted for at one time.-(23 Geo. 2. c. 40.) By the custom of London and Exeter, if a man commit a horse to an hostler, and the expense of his keep become equivalent to his price, the hostler may appropriate the horse to himself upon the appraisement of four of his neighbours, or may have him sold. But innkeepers in other parts of the country have no power to sell horses detained by them. A horse committed to an innkeeper cannot be detained as a security for the board of his master. It is enacted by 11 & 12 Will. 3. c. 15. that innkeepers, alehouse keepers, &c. refusing to specify in an account the number of pints or quarts for which demand is made, or selling in unmarked measures, shall have no power to detain any goods or other things belonging to the person from whom demand is made, but shall be left to their action for recovery of the same, [In the United States, the system of licensing public houses has been adopted by the several states. For the details of the system the reader may consult Purdon's Digest of the Laws of Pennsylvania, the Revised Statutes of New York, &c.—Am. Ed.] PUMICE STONE (Ger. Bimstein; Fr. Pierre pouce; It. Pietra pomice; Sp. Piedra pomez; Lat. Pumex,) a light, spongy, vitreous stone, found usually in the neighbourhood of volcanoes. It is used for polishing metals and marble, and smoothing the surface of wood and pasteboard. It is said to form a good glaze for pottery. The lighter pumice stones swim on water, their specific gravity not exceeding ⚫914. The island of Lipari, in the Mediterranean, is chiefly formed of pumice stone, and may be said to be the magazine whence all Europe is supplied with this useful article. There are several species of pumice stones; but those only that are light and spongy are exported. The price varies in the London market from 81. to 10%. a ton. PUTCHOCK. An article of this name is imported in considerable quantities from the north-west coast of India into China, and is regularly quoted in the Canton price currents. It is the root of a plant that grows abundantly in Sinde. When burned, it yields a fine smoke, and a grateful and diffusive smell. The Chinese beat it into a fine powder, which they burn as incense in the temples of their gods.—(Hamilton's New Account of the East Indies, vol. i. p. 126.) 47 Q. QUARANTINE, a regulation by wnich all communication with individuals, ships, or goods, arriving from places infected with the plague, or other contagious disease, or supposed to be peculiarly liable to such infection, is interdicted for a certain definite period. The term is derived from the Italian quaranta, forty; it being generally supposed, that if no infectious disease break out within 40 days, or 6 weeks, no danger need be apprehended from the free admission of the individuals under quarantine. During this period, too, all the goods, clothes, &c. that might be supposed capable of retaining the infection, are subjected to a process of purification. This last operation, which is a most important part of the quarantine system, is performed either on board ship, or in establishments denominated lazarettos. (See post.) Policy of Quarantine. The regulations as to quarantine are entirely precautionary: they have their origin in the belief that various diseases, but especially the plague, are contagious; and supposing such to be the case, the propriety of subjecting those coming from an infected or suspected place to a probation is obvious. Indeed, no government could, until the belief in question be proved to be ill founded, abstain from enforcing precautionary measures, without rendering itself liable to the charge of having culpably neglected one of its most important duties,—that of providing, by every means in its power, for the safety of its subjects. Latterly, however, it has been contended that the plague is never imported; that it is always indigenous; originating in some peculiar state of the atmosphere, or in something peculiar in the condition of the people; and that, consequently, quarantine regulations merely impose a heavy burden on commerce, without being of any real utility. But though there does not seem to be any reason for doubting that infectious diseases have originated in the way described, the fact that they have, in innumerable instances, been carried from one place to another, seems to be established beyond all question. Even if the evidence as to the importation of infectious diseases were less decisive than it is, or the opinions of medical men more divided, it would not warrant the repeal of the restraints on the intercourse with suspected ports. This is not a matter in which innovations should be rashly introduced; wherever there is doubt, it is proper to incline to the side of security. In some cases, perhaps, quarantine regulations have been carried to a needless extent; but they have more frequently, we believe, been improperly relaxed. Institution of Quarantine.-The notion that the plague was imported from the East into Europe, seems to have prevailed in all ages. But it would appear that the Venetians were the first who endeavoured to guard against its introduction from abroad, by obliging ships and individuals from suspected places to perform quarantine. The regulations upon this subject were, it is most probable, issued for the first time in 1484.-(Beckmann, Hist. of Invent. vol. ii. art. Quarantine.) They have since been gradually adopted in every other country. Their introduction into England was comparatively late. Various preven tive regulations had been previously enacted; but quarantine was not systematically enforced till after the alarm occasioned by the dreadful plague at Marseilles in 1720. The regulations then adopted were made conformably to the suggestions of the celebrated Dr. Mead, in his famous "Discourse concerning Pestilential Contagion." Lazarettos or Pest-houses, are establishments constructed to facilitate the performance of quarantine, and particularly the purification of goods. They have usually a port in which ships from a suspected place may anchor; and, when perfect, are provided with lodgings for the crews and passengers, where the sick may be separated from the healthy; and with warehouses where the goods may be deposited; all intercourse between the lazaretto and the surrounding country being, of course, interdicted, except by permission of the authorities. The lazarettos at Leghorn, Genoa, and Marseilles, are the most complete of any in Europe. The facilities they afford to navigation are very great; for, as ships from suspected places may discharge their cargoes in the lazaretto, they are not detained longer than they would be were there no quarantine regulations. The goods deposited in the lazaretto, being inspected by the proper officers, and purified, are then admitted into the market. Compared with these, the quarantine establishments in this country are exceedingly defective. There is not, even in the Thames, a lazaretto where a ship from a suspected place may discharge her cargo and refit: so that she is detained frequently at an enormous expense, during the whole period of quarantine; while, if she have perishable goods on board, they may be very materially injured. It is singular that nothing should hitherto have been done to obviate such grievances. The complaints as to the oppressiveness of quarantine regulations are almost wholly occasioned by the want of proper facilities for its performance. Were these afforded, the burdens it imposes would be rendered compara tively light; and we do not know that many more important services could be rendered to the commerce of the country, than by constructing a proper quarantine establishment on the Thames. Bills of Health. The period of quarantine varies, as respects ships coming from the same place, according to the nature of their bills of health. These are documents, or certificates, signed by the consul or other competent authority in the place which the ship has left, describing its state of health at the time of her clearing out. A clean bill imports that, at the time of her sailing, no infectious disorder was known to exist. A suspected, or, as it is more commonly called, a touched bill, imports that rumours were afloat of an infectious disorder, but that it had not actually appeared. A foul bill, or the absence of clean bills, import that the place was infected when the vessel sailed.-(See BILLS OF HEALTH.) The duration of the quarantine is regulated by the nature of these instruments. They seem to have been first issued in the Mediterranean ports in 1665, and are obviously of great importance. Quarantine Regulations.—The existing quarantine regulations are embodied in the act 6 Geo. 4. c. 78., and the different orders in council issued under its authority. These orders specify what vessels are liable to perform quarantine; the places at which it is to be performed; and the various formalities and regulations to be complied with. The publication in the Gazette of any order in council with respect to quarantine is deemed sufficient notice to all concerned; and no excuse of ignorance is admitted for any infringement of the regulations. To obviate, as far as possible, any foundation for such plea, it is ordered that vessels clearing out for any port or place with respect to which there shall be at the time any order in council subjecting vessels from it to quarantine, are to be furnished with an abstract of the quarantine regulations; and are to furnish themselves with quarantine signal flags and lanterns, and with materials and instruments for fumigating and immersing goods. The following are the clauses in the act as to signals: Every commander, master, or other person having the charge of any vessel liable to quarantine, shall, at all times, when such vessel shall meet with any other vessel at sea, or shall be within 2 leagues of the coast of the United Kingdom, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, hoist a signal to denote that his vessel is liable to quarantine; which signal shall in the day time, if the vessel shall have a clean bill of health, be a large yellow flag, of 6 breadths of bunting, at the main topmast-head; and if such vessel shall not have a clean bill of health, then a like yellow flag, with a circular mark or ball, entirely black, in the middle thereof, whose diameter shall be equal to 2 breadths of bunting; and in the night time, the signal shall in both cases be a large signal lantern with a light therein (such as is used on board his Majesty's ships of war), at the same mast-head: and such commander, master, or other person, shall keep such signals hoisted during such time as the said vessel shall continue within sight of such other vessels, or within 2 leagues of the said coast or islands and while so in sight, or within such distance, until such vessel so liable to quarantine shall have arrived at the port where it is to perform quarantine, and until it shall have been legally discharged from the performance thereof; on failure whereof, such commander, master, or other person, shall forfeit 1001.- 8. Every commander, master, or other person having the charge of any vessel on board whereof the plague or other infectious disease highly dangerous to the health of his Majesty's subjects shall actually be, shall at all times, when such vessel shall meet with any other vessel at sea, or shall be within 2 leagues of the coast of the United Kingdom, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, hoist a signal, to denote that a vessel has the plague or other infectious disease; which signal shall be in the day time a flag of yellow and black, borne quarterly, of 8 breadths of bunting, at the main topmast-head; and in the night time, the signal shall be 2 large signal lanterns, commonly used on board ships of war, one over the other, at the same mast head and such commander, master, or other person, shall keep such signal hoisted during such time as the said vessel shall continue within sight of such other vessel, or within 2 leagues of the coast or islands, aforesaid, while so in sight, or within such distance, until such vessel shall have arrived at the port where it is to perform quarantine, and until it shall have been legally discharged from the performance thereof; on failure thereof, such commander, master, or other person, shall forfeit 1007.-9. If any commander, master, or other person, knowing that the same is not liable to the performance of quarantine, shall hoist such signal, by day or night, such commander or other person shall forfeit 501.-10. But, instead of printing the act, and the various orders in council that have grown out of it, it will be sufficient to lay the following abstract of them before the reader. This abstract has been prepared by the Custom-house; and contains a distinct summary of the various rules and regulations to be complied with. ABSTRACT OF QUARANTINE REGULATIONS. It is in the first place to be observed, that all persons are presumed to know, and are bound to take notice, not only of the quarantine regulations established by act of parliament (as they are of any other public act), but likewise of every order in council made for the performance of quarantine, and published in the London Gazette; and as it is easily in their power to inform themselves of such regulations, and particular care is taken by this and other means to promulgate such of them as apply to their respective situations, previously to their being actually put under quarantine, when they will receive directions for their guidance from the quarantine officers, no plea of ignorance will be admitted as an excuse for any neglect, breach, or violation thereof; but for the sake of example, and for the security of the public health, the pains, penalties, and punishments of the law will be enforced with the utmost severity. Duty of Commanders and Masters of Vessels. Upon arrival off the coast of the United Kingdom, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, To deliver to the pilot who shall go on board, a written paper, containing a true account of the name of the place at which his ship loaded, and of all the places at which he touched on the homeward voyage. Neglecting or refusing to deliver such papers, or making any false representation or wilful omission therein, subjects him to a penalty of 5001. Upon entering or attempting to enter any port, and being spoke by any quarantine officers, To give a true answer in writing or otherwise, and upon oath or not upon oath (according as he shall be required), to the preliminary questions put to him by such quarantine officer, for the purpose of ascertaining whether his vessel is or is not liable to quarantine. Neglecting or refusing to bring his vessel to as soon as it can be done with safety, in obedience to the requisition of the quarantine officer, subjects him to the penalty of 2001. Refusing to answer such questions, or giving any false answer thereto (if not upon oath), subjects him to the penalty of 2001. If upon oath, to the punishment for wilful and corrupt perjury. If any infectious disease shall appear on board, the master is to repair to such place as his Majesty shall direct, and make known his case to the officer of customs, and he is to remain at that place until directions are given by the Lords of the Privy Council. He is not to permit any of the crew or pas-. sengers on board to go on shore, and he, his crew, and passengers, are to obey such directions as are received from the Lords of the Privy Council. Not acting in conformity to the regulations herein directed, or acting in disobedience to such directions as shall be received from the Privy Council, he incurs the penalty of 1007. If informed by the pilot that his vessel has become liable to quarantine, by reason of any proclamation made subsequent to his departure, to hoist and keep hoisted a like signal, under the same penalty of 100%. To give to the pilot coming on board a written paper containing a true account of the different articles composing his cargo. Neglecting or refusing to do so, or making a false representation or wilful omission, subjects him to a penalty of 501. Masters of vessels liable to quarantine, and other persons on board them or having communication with them, are to repair to the appointed quarantine stations, and may be compelled to do so by force. The master of any vessel having disease on board, on meeting with any other vessel at sea, or within 2 leagues of the coast of the United Kingdom, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, is to hoist a signal to denote that his vessel has such disease on board, and is to keep such signal hoisted during such time as he shall continue within sight of such vessels, or within 2 leagues of the coast or islands aforesaid, while so in sight or within such distance, until the vessel shall arrive at the port where she is to perform quarantine, and until she shall be legally discharged from the performance thereof. Failing herein, the master incurs the penalty of 1001. If he shall refuse or omit to disclose the circumstances of such infection prevailing either at any place at which he has been, or on board his vessel, in his answers to the preliminary questions put to him by the quarantine officer, or if he shall wilfully omit to hoist, and to keep hoisted, the proper quarantine signal to denote that his ship is liable to quarantine, he incurs the penalty of 3001. Upon attempting to enter any port, which is not the port at which he ought to perform quarantine, he may be compelled to desist therefrom, in order that he may proceed to the proper quarantine ports, by guns being fired upon the ship, or any other kind of force being used that may be necessary for the attainment of that object. Quitting or knowingly suffering any seamen or passenger to quit his ship, by going on shore, or by going on board any other vessel or boat, before discharged from quarantine, or, Not repairing to the proper quarantine station within a convenient time after due notice given, incurs a penalty of 100%. To repair in all cases to the proper quarantine port, as herein-after stated in the Appendix, according as he shall or shall not be furnished with a clean bill of health, and according to the port or place to which he shall be bound, as herein stated. But if through ignorance, or by stress of weather, damage, loss, or accidents of the seas, he shall have passed the proper quarantine port, he may (having a clean bill of health on board, and upon giving satisfactory proof thereof upon oath, and by the oath of the pilot, if any on board, and that the same was not wilfully or intentionally done or occasioned) be permitted to proceed to some other quarantine port, in the discretion of the quarantine officer, keeping the proper quarantine signal hoisted during the whole time. Upon his arrival at the proper quarantine port, to give true answers upon oath to all the quarantine questions, and to make oath to the truth of his log-book, and the times at which the entries were therein made: failing herein, he incurs the penalty of wilful and corrupt perjury. He is also to repair to the particular station which shall be appointed by the quarantine officer for the said ship or vessel. To deliver up to the quarantine officer his bill of health, manifest, log-book, and journal. If not bound to any port of the United Kingdom, or the islands aforesaid, and attempting to enter any port thereof (except to wait for orders, or in consequence of stress of weather or accidents of the seas), he shall give satisfactory proof thereof to the quarantine officers, and give true answers upon oath to the preliminary questions, and strictly conform to all such directions as he shall receive from the quarantine officer, touching his continuance at such port, or departure from thence, or repairing to any other; and also with respect to all other quarantine regulations; in default of which, he may be compelled to proceed to sea by any means or by any kind of force that shall be necessary for that purpose. Having performed quarantine in any foreign_lazaret, the vessel is to be put under quarantine at some of the ports herein-after appointed, until the master shall produce to the quarantine officer the proper documents in proof thereof; upon production whereof the said vessel shall not be obliged to perform quarantine, but shall remain at such station until released by order in council. Unshipping, or moving in order to unship, any goods from on board any vessel liable to quarantine subjects to a penalty of 500%. Clandestinely conveying, or secreting or concealing for the purpose of conveying, any letter, goods, or other articles, from any vessel actually performing quarantine, subjects to a penalty of 1001. Note. Every commander or master of any vessel clearing out or about to sail for any port or place in the Mediterranean, or in the West Barbary on the Atlantic Ocean, or for any port or place respecting which there shall at the time be any order of his Majesty in council in force, subjecting vessels coming from thence to quarantine, is to receive from the principal officer of the customs at such port or place, this printed Abstract of the Quarantine Regulations, which such commander or master is to cause to be affixed on some convenient and conspicuous part of his said vessel, and to remain so affixed until his return with his said vessel to some port or place in the United Kingdom or the islands aforesaid. And every such commander and master is likewise to provide and take on board 1 at least of each of the proper quarantine signal flags and lanterns, and likewise materials and instruments for fumigation, and immersion, and to keep the same on board, to be used upon his return to the United Kingdom or the islands aforesaid. Duty of Pilots. Pilots are strictly to observe the following directions : To receive an account in writing from every commander or master of any vessel coming from foreign parts, of the places at which his vessel loaded, and at which he touched on his said homeward voyage. To give notice to such commander or master of any proclamation, or order in council, made after the departure of such vessel from the United Kingdom or the islands aforesaid, and then in force, by which vessels coming from any place mentioned in such account shall be liable to quarantine. Neglecting or omitting to give such notice subjects them to a penalty of 1007. To give a like notice of any proclamation then in force, by which vessels having on board any of the articles mentioned in the master's account shall be liable to quarantine. Neglecting or omitting to give such notice subjects them to penalty of 1007. To remain on board in the same manner as any of the officers, crew, or passengers, and not to quit the said vessel before or after the arrival, either by going on shore, or by going on board any other vessel or boat with intent to go on shore, until she is regularly discharged from quarantine; and they may be compelled by any persons whatsoever, and by any kind of necessary force, to return on board the same. If they offend herein they incur a penalty of 3001. and 6 months' imprisonment. Not to bring any such vessel into any port or place other than the port or place appointed for the reception of vessels so liable to quarantine, as stated in the Appendix, unless compelled by stress of weather, adverse winds, or accidents of the seas, of which the pilot, as well as the commander or master of the vessel, is to give satisfactory proof upon oath. If they offend herein they incur a penalty of 2001. To bring the ship to, as soon as it can be done with safety in obedience to the requisition of the quarantine officer. Failing herein subjects them to a penalty of 1001. Duty of other Persons. When any infectious disease actually appears on board any vessel, all persons on board are to obey the direction of the privy council, under a penalty of 1007. Not to quit such vessel, either by going on shore, or by going on board any other vessel or boat with intent to go on shore, until regularly discharged from quarantine; and if they quit the ship they may be compelled by any person whatsoever, and by any kind of necessary force, to return on board the same; and are also liable to a penalty of 3001. and 6 months' imprisonment. Whether liable to quarantine, or actually performing quarantine, or having had any intercourse or communication with any such persons so liable to or under quarantine, all persons are to obey all such orders as they shall receive from the quarantine officer, and to repair to the lazaret, vessel, or place appointed for the performance of quarantine. Wilfully refusing or neglecting to repair forthwith, when required so to do by such officers, or escaping from or out of such lazaret, vessel, or place, may be compelled to repair or return thereto by any kind of necessary force, and are subject to a penalty of 2001. Landing or unshipping, or moving in order to the landing or unshipping, of any goods, packets, packages, baggage, wearing apparel, books, letters, or any other articles whatever, from vessels liable to quarantine, are liable to a penalty of 5001. Clandestinely conveying, or secreting or concealing for the purpose of conveying, any goods, letters, or other articles as aforesaid, from any vessel actually performing quarantine, or from the lazaret or other place where such goods or other articles shall be performing quarantine, are liable to a penalty of 1001. Having quitted or come on shore from any vessel liable to or under quarantine, or having escaped from any lazaret or other place appointed in that behalf, may be seized and apprehended by any constable or other peace officer, or by any other person whatever, and carried before a justice of the peace, who may grant his warrant for conveying such person to the vessel, lazaret, or other place from which he shall have escaped, or for confining him in any place of safe custody (not being a public gaol) until directions can be obtained from the privy council. Knowingly and wilfully forging or counterfeiting, interlining, erasing, or altering, or procuring to be forged, &c., any certificate directed by any order in council touching quarantine, or publishing the same as true, or uttering any such certificate with intent to obtain the effect of a true certificate, knowing its contents to be false, are guilty of felony. What Vessels are liable to Quarantine. All vessels (as well ships of war as all others) with or without clean bills of health, coming- ocean. From any other place from which his Majesty shall from time to time adjudge it probable (and shall so declare by proclamation or order in council) that the plague, or any other infectious disease or distemper highly dangerous to the health of his Majesty's subjects, may be brought. Note.-They are considered as liable to quarantine from the time of their leaving any of the said places. All vessels having communication with any of the before-mentioned ships or vessels, or receivingAny person whatever from or out of such vessel, whether such person shall have come from any of the said places, or shall have gone on board of such vessel, either in the course of her voyage, or upon her arrival off the coast of the United Kingdom, &c.—Or, Any goods, wares, or merchandise, packets, packages, baggage, wearing apparel, goods, letters, or any other articles whatever, from or out of such ship or vessel Note. They are liable to quarantine from the time of their receiving any such persons or goods. All vessels coming from any port or place in Europe without the Straits of Gibraltar, or on the continent of America, and having on board Any of the articles enumerated (a list of which articles see in the Appendix); And not producing a declaration upon oath, made by the owner, proprietor, shipper, or consignee, stating either that such articles are not the growth, produce, or manufacture of Turkey, or of any place in Africa within the Straits of Gibraltar, or in the West Barbary on the Atlantic Ocean, or stating of what place they are the growth, produce, or manufacture. All vessels and boats receiving Any of the said goods, wares, or merchandise, or other articles enumerated. Signals. For vessels with the plague or other highly infectious disease actually on board In the day time-A flag of yellow and black, borne quarterly, of 8 breadths of bunting, at the main topmast-head. In the night time-Two large signal lanterns, with a light therein, such as are commonly used on board his Majesty's ships of war, one over the other, at the same mast-head. For vessels with clean bills of health In the day time-A large yellow flag, of 6 breadths of bunting, at the main-topmast-head. In the night time—A large signal lantern, with a light therein, such as is commonly used on board his Majesty's ships of war, at the same mast-head. For vessels without clean bills of health VOL. II.-2 I |