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Quarantine

regulations, health, days, adopted, sanitary, statutes, disease, contagious and authorities

QUARANTINE tit. quarantina, from .11L. quarantrna, period of forty days quarantine. ber forty. Lent, from Lat. quadrayinta, for ty). Originally, the period of forty days dur ing which a ship arriving in port and sus pected of being infected with a contagions or malignant disease was forbidden to land freight or passengers. From the second half of the 14th century. the Italian republics established quaran tine regulations, directed toward the East against the invasion of pestilence. in 1403 Venice insti tuted the first maritime quarantine. followed by Genoa in 1467. During the latter part of the eighteenth century Austria stretched a perma nent cordon of troops across her eastern frontier, but even this failed to shut out the plague. which ravaged her provinees. The example of the Ital ian cities was early adopted by Marseilles and an efficient system of sanitary supervision was de veloped. finally passing under the control of the sanitary magistrates. Other European seaport cities enforced rules and regulations of varying effectiveness. In 1850 delegates from the princi pal States bordering the Mediterranean convened in Paris, and adopted a convention and code of international sanitary regulations. which was sub sequently generally adopted by all powers and is enforced in their commercial relations with one another. These uniform regulations have relieved commerce from the restrictions which were imposed by the former conditions. Under its provisions a ship clearing is given a than bill or a foul bill according as the port from which she sails is free or infected with a contagious disease, the plague, cholera. and yellow fever being espe cially guarded against. Ships entering port are at once put under quarantine, varying in length with the character of the contagion feared. For the plague. from 10 to 15 days is generally required; for yellow fever, to 7 days; and for cholera, .1 (lays. including the term of the voyage. These periods may be modified somewhat according to the length of the voyage and the health prevailing this time. Further regulations are laid down regarding the disinfecting and handling of merchandise in cargo. Special restrictions have also been adopted against the Oriental coun tries. Egypt, and Turkey. and for this purpose sanitary boards are maintained in Alexandria. Constantinople, and other frequented ports. with physicians located in different parts of the coun tries liable to epidemic diseases, whose duty it is to and report to the local authorities and consular offices the condition of the general health.

In modern usage the term quarantine is also applied to the sanitary rifles aml regulations adopted within a State to restrict the spread of contagious diseases within its own boundaries. They are enacted by the State in the exercise of its sovereign right of police power csee PomeE POWEIII. and so absolute is this that even sum

mary proceedings invading the rights of the in dividual or destroying valuable property are up held as constitutional. Beside, the Federal quar antine regulations providing for the protection of the States in its intereourse with foreign nations. the various State jurisdictions have gen eral statutes authorizing the organization of State boards of health and similar local boards in cities, villages, and towns, prescribing how they shall be constituted and defining their powers and duties. This power is usually conferred upon municipal corporations by the charter granted by the legis lature or by general statute, but in the absence of such express authority, it cannot be implied as incident to the ordinary powers of the cor poration. Conflict between the United States and State authorities is provided for by the terms of the Federal statutes (U. S. Rev. Stats., §4792; Rev. Stats., U. S. Sup., 1874-91, p. 157, c. 06. §5) requiring cnstoms. revenue, and other Federal officers to observe State health and quarantine laws. Reasonable charges for quarantine serv ices may be imposed upon a vessel under State authority, and there can be no recovery from the State or municipality for losses resulting from the quarantining or disinfecting of premises in fected with contagious disease, where the method employed was proper and the use made of the premises was a necessary one, for the courts are generally liberal in construing empowering statutei. Further, a municipality eanuot be held liable for an act of its health officer in wrongfully confining in quarantine a citizen reasonably believed to be afflicted with a conta gious disease, since the act done is governmental in its character; but the officer may become per sonally liable where he acted wrongfully or in excess of his duty. A carrier is protected from liability for non-delivery of goods or passengers where such act would be a violation of quaran tine regulations.

The widow's quarantine was the term applied under the common law to her right to remain in the mansion house 40 days after her husband's death, during which time her dower should be admeasured and assigned. This right was guar anteed by section 7 of the Nagna Charta (spelled "Carta" in the original document), and has been perpetuated with various modifications in the statutes of the several States. Consult the authorities referred to under DOMESTIC RELA TIONS ; REAL PROPERTY.

Consult: Parker and Worthington, Public Health and Safety (1892) ; Baker, Laws Relating to Quarantine (London, 1879) ; and the various statutes and regulations of the different State and municipal governments.