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89
Board possessed with regard to Guardians and Officers of
Guardians in matters relating to the relief of the Poor, and had
power to make rules and regulations, and it was enacted that all
enactments relating to such powers and to such orders, rules, and
regulations by the Poor Law Board should apply, mutatis
mutandis, to the Local Government Board, including rules, orders,
and regulations prescribing the duties of Guardians and their
Officers in relation to the institution and conduct of the proceedings
to be taken for enforcing the provisions of the Vaccination
Acts of 1867 and 1871, and the payment of the costs and expenses
relating thereto; and rules, orders, and regulations under the Act
of 1874 were to be deemed to be made under section 5 of the Act
of 1871.
By the machinery thus introduced, provision was made in
substitution for that contained in the 27th section of the Act of
1867, which was repealed by the Act of 1871; that section, as has
been pointed out, imposed upon the Guardians the duty of
prosecuting cases brought to their knowledge by the Registrar.
The new machinery gives power to the Local Government
Board to regulate this matter among others, and they have acted
on this power.
The Bill, as introduced by Mr. Forster, the Chairman of
the Select Committee, contained a clause (1) so framed as to carry
out the recommendation in the Report as to repeated prosecutions
in the case of the same child. This was struck out in the House
of Lords, the amendment being carried by eight votes against seven.
When the Bill was returned to the Commons Mr. Forster, at that
period of the session, felt compelled to accept the amendment,
being anxious to pass the Bill.
One other point remains for notice arising under the Act
of 1871. It is provided by section 11 that the defendant in any
proceedings under the Acts of 1867 and 1871 may appear by any
member of his family, or by any person authorised by him in that
behalf.