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Fee to regis- taining a minute of his having duly given such notice as
hereinbefore directed; and the said fee shall be payable in
“ Dr. Seaton and Dr. Buchanan, who instituted inquiries in the
One of the registrars of the West Derby union had ceased to keep his register since 1857, and another since 1860, because they had received no certificates.'
the same manner as the fee now payable to such registrar Fee to regisfor registering the birth of such child as aforesaid is paid.'
XI. The Registrar General for England and Wales
“The provisions of the Act referred to in regard to the trans. mission to the registrars of certificates of vaccination are in some districts so persistently disregarded, that it becomes a question for the consideration of Boards of Guardians whether they should not take steps to enforce a compliance with the statute. Some twelvemonths since the Board of Guardians of the Cambridge union directed an indictment to be preferred at the then next assizes against a medical practitioner who refused to furnish the certificate required, and the result was that the defaulter by the advice of his counsel compromised the case by furnishing the certificate, and paid to the treasurer of the guardians five guineas towards the expense of the proceedings.”
When the certificate is duly sent to the registrar, a difficulty as to his claim to the fee may sometimes be felt if the child was born and the birth registered and the notice of the necessity of vaccination given to the parents in one district, whilst the vaccination is performed and certified and registered in another district. Each of the registrars will have performed all the duties required of him, though neither will have performed all the duties required by the Act; and the question will arise, whether the fee of threepence is to be paid to each, or to neither (see 27 J. P., 708). The Poor Law Board have expressed their opinion that neither of the registrars will be entitled to the fee, as the statute makes no express provision for the payment in such a case, where the prescribed duties are performed partly by one registrar and partly by another. According to this view, the fee is only payable in those cases in which all the prescribed duties are performed by the same registrar.
See the instructional letters of the Registrar General, Appendix A, ante. It is enacted by 6 & 7 Wm. iv. c. 86, s. 29:
“ That every registrar shall make out an account four times in every year of the number of births and deaths which he shall have registered since the last quarterly account, and the superintendent-registrar shall verify and sign the same; and the guardians or overseers of the parish, township or place in or for which he shall be registrar, on production of the said account so verified and signed, shall pay to the said registrar out of the monies in their hands or power as such guardians or overseers such sum as he shall be entitled to receive on the said account; * * * * and in the case of a union the said several sums shall be charged to the account of the parishes in which such births or deaths respectively shall have occurred.”
It is a question which has not yet been satisfactorily determined, whether the registrar's account of the fees due to him, under 16 & 17 Vict. c. 100, s. 10, should be verified and signed by the superintendent-registrar before the guardians pay it. (See 27 J. P., 707; and “Official Circular," 1859, No. 58 (N.s.)
sions of this Act.
Registrar- shall, and he is empowered and directed, within two general to provide months after the passing of this Act, to frame and provide
such books, forms, and regulations, as he may deem forms for carrying out requisite for carrying into full effect the provisions of this the provi.. Act,' [and shall transmit the same to the superintendent
registrars of each district in England and Wales, who shall deliver to the medical officers so appointed as aforesaid, and other duly qualified medical practitioners in the said district, such of the said books, forms, and regulations, as they may require for the performance of the duties imposed upon them by this Act; and the expenses to be incurred by the Registrar General under the provisions of this Act shall be defrayed in the same manner as the expenses under the Act of the sixth and seventh years of King William the Fourth, chapter eighty-five.]'
XII. All penalties by this Act imposed shall be recoverRecovery penalties.
able before any two justices of the peace for the county, city, borough or place where the offence may have been committed; and the provisions of the Act of the twelfth p. 111.) If this duty is not cast on the superintendent-registrar, then the guardians should themselves examine the account before payment; and in doing so they will probably require the registrar to produce to them his registers and certificates.
The direction in 6 & 7 Wm. iv. C. 86, s. 29, making the fees a parochial charge, will be superseded by 28 & 29 Vict. c. 79, s. 1 (post, p. 127), which provides that, from and after 25th March 1866, all charges thenceforth incurred by the guardians of any union formed under 4 & 5 Wm. iv. c. 76, in respect of vaccination and registration fees and expenses, shall be charged upon the common fund.
As to the time within which the payment must be made, it is necessary to bear in mind the provisions of 22 & 23 Vict. c. 49, relating to the limitation of the period of payment" with respect to any debt, claim, or demand which may, after the passing of that Act (13 August 1859], be lawfully incurred by or become due from the guardians of any union or parish." if the guardians do not pay the demand during the half-year within which it becomes due, or within three months afterwards, they cannot subsequently do so without the authority of an order of the Poor Law Board, who, however, are not empowered to extend the period of payment beyond twelve months from 'the date of such debt, claim, or demand.” (See Baker v. Billericay Union, 9 Jur. (N. s.), 1201; 9 L. T. (n. s.), 486 ; 33 L.J. (N.s.). M. C. 40.)
See instructional letters of the Registrar General, Appendix A, ante.
? The part within brackets was repealed, and another provision made by 21 Vict. c. 25, s. 7, post.
year of Her present Majesty, chapter forty-three, shall be applicable to the recovery of such penalties.
XIII. All penalties recovered under this Act shall be Application applied in aid of the funds applicable to the relief of the of penalties. poor in the parish or place maintaining its own poor wherein the offence may have been committed.”
SCHEDULES REFERRED TO BY THIS ACT.
the child of
of the parish of in the county of
medical practitioner, as the case may be).
SHEDULE (B).5 I, the undersigned, hereby.certify, that I am of opinion that the child of
of the parish of in the county of
aged is not now in a fit and proper state to be successfully vaccinated, and I do hereby postpone the vaccination until the
day of Dated this
3 See 24 & 25 Vict. c. 59, post.
SCHEDULE (C). I, the undersigned, hereby give you notice, and require you to have C.D. vaccinated within three (or four, as the case may be, according to the second section of this Act,) months after the birth, pursuant to the provisions and directions of the Act of the 16 Victoria, cap.
As witness my hand this
sub-district (as the case may be).
SCHEDULE (D). I, the undersigned, hereby certify that I am of opinion that the child of
of the parish of in the county of
is insusceptible of the vaccine disease.
Signed, A.B., surgeon of the union or parish of
(or other medical practitioner, as the case may be).
21 VICT. C. 25.3 An Act to amend the Act concerning Non-parochial
Registers, and the Acts for Marriages, and for registering Births, Deaths, and Marriages, in England, and concerning Vaccination.
[i4th June, 1858. VII. And whereas by the Act of the session holden in 16 & 17 Vict. the sixteenth and seventeenth years of Her Majesty, c. 100, as enacts that chapter one hundred, it was enacted, that the said Regis. vaccination trar General should within two months after the passing be furnished of that Act frame and provide such books, forms, and
So much of
I See s. 9, ante.
3 With regard to the repeal of this enactment, see 30 & 31 Vict. c. 84, s. 1, ante, p. 25.
* See 16 & 17 Vict. c. 100, s. 11, ante.