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all which shall remain in full force as if the same Statutes had not been repealed, unless they be in any respect inconsistent with the provisions herein contained.”
The repeal, therefore, has not the effect of sweeping these enactments altogether out of the Statute Book, and beginning, as it were, de novo, with an entirely new law; on the contrary, the enactments remain in force with respect to the districts formed, the contracts entered into, the proceedings commenced, and the liabilities incurred, which continue in operation under those enactments until fulfilled or concluded or subsequently modified, unless and in so far as they may be inconsistent with the provisions of the new Act. It will consequently be necessary for some time to come to refer to them in connection with the provisions of the Act of 1867.
Under the Act of 1867, the overseers of the poor have no duties or powers. By the original Vaccination Extension Act of 1840, and the Compulsory Vaccination Act of 1853, and the Acts amending them, the overseers were recognised as the authorities to carry the provisions into execution in "every parish in which relief to the poor shall not be administered by guardians,” (3 & 4 Vict. c. 29, s. 1; 4 & 5 Vict. c. 32, s. 1; 16 & 17 Vict. c. 100, s. 1; and 24 & 25 Vict. c. 59, s. 2); but in the 30 & 31 Vict. c. 84, the overseers are not so recognised, and the local execution of the Act is entrusted exclusively to the guardians of the poor, in conjunction with the medical men and the registrars of births and deaths.
In the general supervision or superintendence, however, three distinct central authorities are concerned
the Privy Council, the Poor Law Board, and the Registrar-General. These authorities will severally act within their own respective spheres: the Privy Council, in so far as the subject is one affecting the public health ; the Poor Law Board, in so far as the subject is one involving the administrative action of the guardians of the poor; and the Registrar-General, in so far as the subject is one in reference to which duties are imposed by the Act on the registrars of births and deaths.
Such orders and regulations as have been considered to be necessary, as well as forms and instructional circulars, have been issued by these several authorities, in pursuance of the
powers vested in them by the Act. These documents are comprised in the present volume, and will be found in Appendix A.
D. P. F.
WHITEHALL, May, 1869.
CONTENTS OF ACT.
The Vaccination Act of 1867 (30 & 31 Vict. c. 84)
cination districts, or to consolidate or alter
them, subject to approval of Poor Law Board s. 3. If the Board do not approve, another scheme to
be prepared; when approved, guardians to con
tract for performance of vaccination
Lords of the Privy Council, and other regula
tions to be prescribed by them
secure due vaccination of persons
Law Board, who may determine the same at
s. 10. No payment to be made out of the poor rate or
any other public fund, unless the Poor Law
Board have approved of the contract
out of his district
to parent or other person registering birth
of child within three months
Page The Vaccination Act of 1867 (30 & 31 Vict. c. 84)-continued. s. 21. Certificate of successful vaccination to be trans
mitted to the registrar, and a duplicate given
37 s. 22. No fee to be charged for certificate
37 s. 23. Parent, etc. to transmit certificate of successful
vaccination by medical practitioner to registrar
38 Fees for searches and copies
39 s. 25. Registrar to be paid fees by the boards of guardians 39 s. 26. Vaccination declared to be not parochial relief so as to disqualify
40 s. 27. Half-yearly proceedings by registrars and guardians 40 s. 28. Power to guardians to pay certain expenses out of their funds
40 s. 29. Penalty on parent, etc. neglecting to procure vaccination of the child .
41 8. 30. Penalty on vaccinator and parent neglecting to
transmit certificate, and persons signing false
42 Penalty for disobedience
Proviso for costs to persons improperly summoned 43 s. 32. Penalty upon persons inoculating with small-pox 44 s. 33. 11 & 12 Vict. c. 43, except s. 11, s. 59 of 7 & 8
Vict. c. 101, and s. 9 of 28 & 29 Vict. c. 79,
44 s. 34. Notice not to be proved by prosecutors
45 Certificates to be defence
45 s. 35. Interpretation of terms
45 s. 36. Sect. 7 of 21 & 22 Vict. c. 97, to apply to acts of
46 Short title
46 Schedule of Forms
(A) Notice to be given by Registrar of Births and Deaths 47 (B) Certificate of insusceptibility, and postponement of vaccination
47 (C) Final certificate of insusceptibility of vaccination 48 (D) Certificate of successful vaccination
30 & 31 Vict. C. 84. An Act to consolidate and amend the Laws relating to Vaccination.
[12th August, 1867. WHEREAS it is expedient to consolidate and amend the statutes relating to Vaccination in England : 2 Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
I. From and after the day when this Act shall Acts and come into operation as hereinafter provided, the pereinf Acts statute of the third and fourth years of the reign of named reHer Majesty, chapter twenty-nine, that of the fourth and after and fifth years of the same reign, chapter thirty-two, January 1, that of the sixteenth and seventeenth years of the same reign, chapter one hundred, the seventh section of the statute of the twenty-first and twenty-second years of the same reign, chapter twenty-five, the second section of the statute of the twenty-first and twenty-second years of the same reign, chapter ninety-seven, and the statute of the twenty-fourth and twenty-fifth years of the same reign, chapter fifty-nine, shall be repealed,
Except in regard to the divisions and districts of Exceptions. unions and parishes previously made, and to all contracts under the said statutes then in force, and to all acts and proceedings duly commenced under the same, and not then completed, and except in regard to all liabilities and responsibilities incurred under the same, all which shall remain in as full force as if the same statutes had not been repealed, unless they
1 This title is too extensive, as the Act is oonfined in its operation to England and Wales, and does not include Scotland or Ireland. The title of Mr. Bruce's Bill of 1866 referred to “ Vaccination in England.”
2 This includes Wales. See Appendix B, post, p. 105. 3 i.e. the 1st January 1868. See s. 37, post.