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6. If imprisoned, he is to be treated as a first-class
misdemeanant.
Section I., Sub-section 4, is of especial importance to Medical
Officers of Health. It is as follows:—
"The public vaccinator shall not vaccinate a child if, in his
opinion, the condition of the house in which it resides is such, or
there is or has been such a recent prevalence of infectious
disease in the district, that it cannot be safely vaccinated, and
in that case shall give a certificate under Section xviii. of the
Vaccination Act of 1867 of postponement of vaccination, and
shall forthwith give notice of any such certificate to the medical
officer of health for the district."
This Section is enforced so that the child may have
favourable sanitary surroundings and escape all risk from
septic diseases whilst there is an open vaccination wound.
Section II., Sub-section 1, "The Conscience Clause" over
which there has already been so much controversy, and the
interpretation of which seems to have puzzled a great many
magistrates, says:—
"No parent or other person shall be liable to any penalty
under Section 29 or Section 31 of the Vaccination Act of 1867 if
within four months of the birth of the child he satisfies two
justices or a stipendiary or metropolitan police magistrate in
petty sessions that he conscientiously believes that vaccination
would be prejudicial to the health of the child, and within seven
days thereafter delivers to the vaccination officer for the district
a certificate by such justices or magistrate of such conscientious
objection."
This is after the lapse of four months, and on the receipt of
a twenty-four hours' notice from the public vaccinator it will
be too late for a parent to make a conscientious objection, for
Section I., Sub-section 3, says:—
"If a child is not vaccinated within four months after its birth,
the public vaccinator of the district, after at least twenty-four
hours' notice to the parent, shall visit the home of the child, and
shall offer to vaccinate the child with glycerinated calf lymph or
such other lymph as may be issued by the Local Government
Board."
If, upon the arrival of the Public Vaccinator the parent or
other custodian objects to have the child vaccinated he will
incur the penalty.