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for vaccination.

of the child fit and proper state to be successfully vaccinated he

shall forthwith deliver to the parent or other person having the custody of such child a certificate under his hand according to the form in the schedule hereto

exed marked B, or to the like effect, that the child is then in a state unfit for successful vaccination, which certificate shall remain in force for two months, and shall be renewable for successive periods of two months, until a public vaccinator or medical practitioner shall deem the child to be in a fit state for successful vaccination, when the child shall, with all reasonable despatch, be vaccinated, and the certificate of successful vaccination duly given if warranted by the result.?

XIX. At or before the end of each successive period the parent or such person as aforesaid shall take or cause the child to be taken to some public vaccinator or medical practitioner, who shall then examine the child, and give the certificate according to the said form B, so long as he deems requisite under the circumstances of the case.2

XX. If any such public vaccinator or medical pracinsusceptibi- titioner shall find that a child whom he has three lity of successful vac- times3 unsuccessfully vaccinated is insusceptible of

successful vaccination, or that a child brought to him for vaccination has already had the small-pox, he shall deliver to the parent or other person as afore

Provision for successive certificates.

Provision for

cination.

a

not used in s. 18; and the certificate in schedule B, would
doubtless have been more distinct if it had run in some such
terms as these—“I, having examined A. B., the child of -
am of opinion that the said child is not now in a fit state, etc.";
nevertheless, the Act, as it stands, seems to have intended, and
constructively to require, that the first certificate, as well as the
subsequent ones, should be founded on personal knowledge and
not on hearsay information.

i Calendar months. See 7 & 8 Vict. c. 101, s. 74, and 13 Vict. c. 21, s. 4.

? As to penalties, see ss. 29, 30, 33 and 34, post.

3 The clause as to the child having already had the smallpox is new, and so also is the specific requisition of three unsuccessful attempts before deciding that the child is not susceptible of vaccination.

successful vaccination

said a certificate under his hand according to the form in the schedule hereunto annexed marked C, or to the like effect, and the parent or such person as aforesaid shall thenceforth not be required to cause the child to be vaccinated. +

XXI. Every public vaccinator who shall have Certificate of performed the operation of vaccination upon any child, and have ascertained that the same has been to be transsuccessful, shall, within twenty-one days after the mitted to the

, performance of the operation, transmit by post or and a dupli.

cate given to otherwise a certificate according to form D, in the the parent. said schedule, or to the like effect, certifying that the said child has been successfully vaccinated, to the registrar of births and deaths in the district within which the birth was registered,5 but if such district be not known to him, or if the birth of the child shall not have been registered, to the registrar within whose district the operation shall have been performed,5 and upon request shall deliver a duplicate thereof to the parent or other person as aforesaid.6

XXII. No fee or remuneration shall be charged No fee to by the public vaccinator to the parent or other per- for certifison for any such certificate or duplicate certificate as cate. aforesaid, nor for any vaccination done under his contract, nor shall he be entitled to payment under his contract for any vaccination in respect of which he shall have been paid by the parent or other person for whom or on whom it is performed; and if he should have received payment under his contract he

4 See ss. 29, 30, 33 and 34, post. s See ss. 24 and 27, post.

6 This provision differs from the requirements of the former Act, 16 & 17 Vict. c. 100, s 4 (see Appendix B, post, p. 109) The public vaccinator is still required to forward the certificate to the registrar, but he is not now required to deliver one to the parent or custodian of the child, except upon request. He is, however, rendered liable to a penalty for neglect or refusal, to which he was not previously subject. See s. 30, post. As to medical practitioners, who are not public vaccinators, see s. 23, post. With regard to the importance of the duplicate to the parent or other person, see s. 34, post, and the note thereon.

? See s. 18, 19, 20 and 21, ante.

a

up

shall not be entitled to recover payment for the vac-
cination from

any
other

person.1 Parent, etc. XXIII. Where the vaccination shall be successto transmit fully performed by a medical practitioner not being of successful a public vaccinator, the parent or other person as by medical aforesaid causing the child to be vaccinated shall practitioner submit a certificate according to the said form marked of district. D, to such medical practitioner, to be filled and

signed by him, and shall within twenty-one days after the performance of the operation transmit the same so signed, by post or otherwise, to the registrar of the district,2 where the birth of such child was registered, or if such child shall not have been registered, or the district of the registration shall not be known to such parent or other person, to the registrar of the district? in which the operation shall

have been performed. 3 Registrar to XXIV. Every registrar shall keep a book in keep books

which he shall enter minutes of the notices of vaccinaand register of vaccina- tion given by him as herein required, and also register

the certificates transmitted to him as herein pro

tion to be open to searches.

See 16 & 17 Vict. c. 100, Appendix B, post, p. 108, note (?). The present enactment appears to be intended to prevent the public vaccinator being paid twice for the same operation. It has obviously no application to medical practitioners who are not public vaccinators.

2 See ss. 24 and 27, post.

3 Under 16 & 17 Vict.c. 100, s. 4 (see Appendix B, post, p. 109) the medical practitioner was required to deliver a certificate to the parent or custodian of the child, and also to transmit a duplicate to the registrar ; but under the present enactment his obligations are limited to filling up and signing the certificate submitted to him by the parent or other person, who thereupon becomes responsible for transmitting it to the registrar. The enactment makes no mention of a duplicate. The medical practitioner, however, is now rendered liable to penalties to which he was not before subject, in respect of these certificates, (see s. 30, post); but of course his fee or compensation will be a matter of private arrangement, as also the furnishing of a duplicate certificate, wbich the medical practitioner will probably not decline to supply, if requested to do so. With regard to the importance of this duplicate to the parent or other person, see S. 34, post, and the note thereon.

4 See s. 15, ante.

vided, 5 and shall at all reasonable times allow searches to be made therein, and upon demand give a copy under his hand or under that of his deputy of any entry in the same, on payment of a fee of six. pence for each search and threepence for each copy; and every registrar shall receive a fee of one penny Fees for in respect of every child whose birth he shall have searches and

copies. registered, and in respect of whom he shall give the notice as aforesaid, 4 and another fee of threepence in respect of every such child whose certificate 5 he shall have registered as herein provided, and heb shall receive a fee of one penny in respect of each child whose certificate5 he shall have registered without having registered the birth : provided that Proriso. no fee shall be charged for any search made by a public vaccinator, or any officer of the guardians authorized by them to make such search, or any inspector appointed by the Poor Law Board or the Lords of Her Majesty's Council.

XXV. The registrar shall make out an account Registrar to of the fees to which he shall be entitled under this be paid fees

by the Act at the usual quarter days of the year, and sub- boards of

guardians. mit the same to the guardians of the union or parish for which he acts, and they shall, after examining the same and comparing with the register of successful vaccinations kept by him and finding the account to be correct, forthwith pay the amount of the same out of the funds in their possession.7

5 See s. 21 and s. 23, ante; see also s. 27, post. It will be observed that the provisions of this Act relating to certificates are confined to children, and do not apply to adults, and that with regard to the vaccination of the latter, the registrar is not called upon to perform any duties, and is therefore not entitled to receire any fees.

6 Where the birth is registered by one registrar and the certificate of vaccination is registered by another registrar, his successor in the same district, it appears that the latter will not be entitled to the fee of three-pence. “Every such child” refers to the preceding expression-"every child whose birth he shall have registered”; and it does not seem that a birth registered by his predecessor can be regarded as a birth registered by himself.

7 As to the limitation of the time for payment, see 22 & 23 Vict. c. 49, s. 1; and as to the mode of charging the expense in unions, see 28 & 29 Vict. c. 79, s. 1; see Appendix B, post.

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Vaccination declared to be not paro

so as to dis

trars and

XXVI. It is hereby declared, that the vaccina

tion, or the surgical or medical assistance incident to chial relief the vaccination, of any person in a union or parish, qualify. heretofore or hereafter performed or rendered by a

public vaccinator, shall not be considered to be parochial relief, alms or charitable allowance to such person or his parent, and no such person or his parent shall by reason thereof be deprived of any right or privilege, or be subject to any disability or disquali

cation. Half-yearly XXVII. The registrar of each district shall, proceedings within one week after the first day of January and by regis

the first day of July in each year, make a list of all guardians.

cases in which certificates of vaccination have not been duly received by him during the last preceding half-yeare and shall submit the same to the next meeting of the guardians of the union or parish wherein he acts, and the said guardians shall3 forthwith make inquiry into the circumstances of the cases contained in the list, and if they find that the provisions of the Act have been neglected shall3 cause proceedings to be taken against the persons in default.

XXVIII. The guardians of any union or parish guardians

may pay out of their funds all reasonable expenses certain ex. incurred by them in causing notices to be printed

and circulated as to the provisions of this Act, and in and about inquiries and reports as to the state of small pox or vaccination in their union or parish, and in taking measures to prevent the spread of small-pox

Power to

to pay

penses out of

their funds.

i Compare 4 & 5 Vict. c. 32, s. 2. See Appendix B, post,

p. 106.

The guar

? See ss. 21, 23 and 24, ante.

3 It will be perceived that this is a duty obligatory upon the guardians; and as to the mode of enforcing it, reference may be made to R. v. Davis, Say. 133, anà Reg. v. Birmingham and Gloucester Railway Company, 9 Car. & P. 469. dians should give notice to the persons named in the list, and offer them an opportunity of explanation, intimating at the same time that if the explanation is not satisfactory, proceedings will be taken against them (see the Circular of the Poor Law Board and the remarks of the Privy Council, Appendix A, post, p. 72).

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