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&c., should forfeit a sum not exceeding 20s. These penalties
were recoverable before two Justices according to 12 Vict. c. 43.,
and paid into the funds for the relief of the poor.
The statute just referred to, though repealed, is notable by
reason of a legal decision upon it, which probably gave rise to an
amendment of the law by a subsequent statute, out of which
difficulties arose which will be shortly referred to. In the case of
Pilcher v. Stafford, reported 4 Best and Smith, 775: 33 L.J.
(M.C.) 13, the Defendant had on the 18th February, 1863, been
convicted and fined 2s. 6d. on an information and summons
brought before Magistrates by the Registrar for a breach of this
Act, in not having, after notice and within three months of the
birth, taken his child to the appointed vaccinator for vaccination.
Subsequently, the child not having been vaccinated, the Registrar
brought a fresh information and complaint for the same cause.
The Justices dismissed the information because they held that the
offence of not taking the child to be vaccinated within the three
months was a single definite offence, and that the Defendant,
having been once convicted and fined for this offence, it was contrary
to law to convict and fine the Defendant a second time for
the same offence.
The Court of Queen's Bench (Cockburn, Chief Justice, and
Blackburn and Mellor, Justices) on this ground decided against
the Registrar, and confirmed the decision of the Magistrates.
The Act of 1867 (30 & 31 Vict. cap. 184) besides being a
consolidating statute introduced some important additional provisions.
The sections which it is important to notice contained the
following provisions :—Sections 1 and 3 dealt with the division of
the county into Vaccination Districts. This was to be done by
the Guardians under the control of the existing Poor Law Board,
to which body, in 1871, by virtue of the statute before referred
to, the Local Government Board succeeded. The contracts and
their form were also to be subject to the approval of the Poor Law
Board. The Privy Council were authorised to pay to the Public