Legal defences to prosecutions under the Vaccination Acts and to illegal vaccination / by H.S. Schultess-Young.

  • Schultess-Young, H. S.
Date:
1896
Catalogue details

Licence: Public Domain Mark

Credit: Legal defences to prosecutions under the Vaccination Acts and to illegal vaccination / by H.S. Schultess-Young. Source: Wellcome Collection.

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    66L.T.677;4oW.R.4i3; 8T.L.R.33(Q-B.D0,56J.P 149). One order, one summons, is the inflexible rule. The note on page 62 of 55 J- therefore erroneous. 7. SECOND PROSECUTIONS UNDER SECTION 3I NOT SPECIALLY DIRECTED.—The summous to enforce the order to vaccinate under this section is not a further proceeding requiring the special directions of the guardians to prosecute, but after an order has been made, and summons issued and dealt with under section 31, any further prosecution (in respect to the same child) must be specially authorised and directed by the guardians, hut no such directions shall authorise the vaccination officer to take further proceedings under section 11 of the Vaccination Act of 1867 m any case in which an order has already been obtained and summary proceedings taken under that section until he shall have brought the circum- stances of the case under the notice of the guardians, and received their special directions thereon'' (General Order Oct. 31st, 1874, Art. 16). The meaning of this is that after an order is made under section 31 the defendant may be summoned once only for a penalty for dis- obeying the order, unless his case has been duly con- sidered by the guardians, and a special direction to prosecute been given to the vaccination officer. In the words oi Mr. Justice Mathew, It was once decided that there might be successive orders imposing fines upon a man for persistent refusal to have his child vaccinated. This was thought to be too oppressive. Hence the clause in Art. 16 of the General Order, 1874. The Queen v. BrocUehurst, 1 Q. B. D., 1892, 565 ; 61 L. J., 48, 40, W. R. 64, 56 J. P. 182, 65 L. T. 714; 8 T.L.R. 25 (Q.B.D.). ''The intention is that the guardians should consider with regard to each individual case {i.e., persor. proposed to be summoned) the effect which a continuance of Both special authorisation and direction is necessary.