No (see Note 458). Penalty to of Formulist. Nos. 97-99 P. 413. One moiety to Nos. 99, 100. p. 413. 141). Id. Id. No. 101, p. 413. Not exc. £10 (s. 119);-recov. £5 for every day windmill con- [MEM. If penalties exceed £20 Owner or owners for every ani- [MEM. Nothing in the act is to be Yes, if exc. 40s. (Note TURNPIKE ROADS. SYNOPSIS OF OFFENCES. V. NUISANCES AND OTHER OFFENCES-continued. 109. Rescuing before Distress discharged.] Rescuing or releasing,—or attempting to rescue or release,—any distress or levy made under the authority of this act, until or before such cow, &c. seized or impounded, or such distress or levy made, be discharged by due course of law. 110. Gates opening outwards.] Occupier of any building, park, paddock, field or inclosure, having any door or gate opening outwards on any turnpike road, or footpath belonging thereto, neglecting, within 14 days after notice from surveyor, to hang same so that no part when open projects over any part of road or footpath. 111. Hindering or rescuing Goods distrained.] Hindering or making any rescue of cattle or other goods distrained by virtue of this act, or 112. Resisting Collectors, &c.] Resisting or making forcible opposition against any person employed in the due execution of this or any particular act for amending road, or 113. Assaulting any surveyor or collector of tolls in the execution of his office. 114. Erecting Steam-engine, &c. near Road.] Erecting or causing to be [For other Offences as to Turnpike Roads, see "Locomotives,” UNWHOLESOME MEAT. See tits. "Public Health," "Towns Statute. 3 Geo. 4, c. 126, s. 123 (Note 457). Id. s. 125. Id. s. 139. 27 & 28 Vict. c. 75, s. 1. 465 "VACCINATION:" Provisions of Acts as to Periods of Vaccination—Obligations on Parent-Public Vaccinator, &c.] The Vaccination Act of 1867, 30 & 31 Vict. c. 84, came into operation on the 1st of January, 1868 (s. 37), and repealed (s. 1) the previous acts. It is amended by the Vaccination Act, 1871, 34 & 35 Vict. c. 98 (which generally came into operation on the 1st January, 1872, s. 2), and the two acts are to be construed as one, and cited together as "The Vaccination Acts, 1867 and 1871” (s. 3). The 30 and 31 Vict. c. 84, gives the guardians of unions and parishes power to form vaccination districts and appoint public vaccinators (ss. 2, 3, 4), and the 34 & 35 Vict. c. 98, s. 5, may appoint one or more "vaccination officers" to prosecute for offences; and by sect. 6, such officer is substituted for the "registrar of births and deaths," except in sect. 15 of the first act. 30 & 31 Vict. c. 84, s. 12, provides, that where in places of scanty population the intervals of attendance of the public vaccinator exceed three months, and the child cannot be vaccinated within the periods required by the acts, the parent [i. e., the father and mother of a legitimate child, and the mother of Surveyor to hang same as di- No. Not exc. £10 (s. 139);-recov. Penalty, rem. to Yes, if exc. 40s. P. 414. (Note 458). Not exc. £5 for every day during Id. Id. No. 109, p. 415. an illegitimate child (s. 35), including any person having the custody of a child, 34 & 35 Vict. c. 98, s. 4] or other person having the custody of the child is not liable to a penalty, but must procure the vaccination before the next interval, unless previously performed, or the child be unfit. By sect. 15, the registrar of births is, on or within seven days after the registration of the birth of a child not already vaccinated, to give a notice, in form in schedule, to the parent, or, in the event of the death, illness, absence, or inability of the parent, to the person having the custody of such child, if known to him, requiring the child to be vaccinated, and specifying the days, hours, and places where the public vaccinator of the district, or the vaccinator of a station, will attend for the purpose of performing the operation. By sect. 16, "the parent of every child born in England shall, within three months after the birth of such child, -or where, by reason of the death, illness, or inability of the parent, or other cause, any other person shall have the custody of such child, shall within three months after receiving the custody of such child--take it, or cause it to be taken to the public SYNOPSIS OF OFFENCES. Statute. VACCINATION. 1. Parent, &c. neglecting to procure Vaccination of Child.] Every parent [MEM. See Note 465 for the provisions of the act in regard to the 30 & 31 Vict. c. 84, s. 29. vaccinator of the vaccination district in which it shall be then resident, according to the provisions of this or any other act, to be vaccinated, or shall within such period as aforesaid, cause it to be vaccinated by some medical practitioner." By sect. 17, "upon the same day in the following week, when the operation shall have been performed by the public vaccinator, such parent or other person, as the case may be, shall again take the child, or cause it to be taken, to him or to his deputy, that he may inspect it and ascertain the result of the operation,-and if he see fit, take from such child lymph for the performance of other vaccinations;-and in the event of the vaccination being unsuccessful, such parent or other person shall, if the vaccinator so direct, cause the child to be forthwith again vaccinated and inspected as on the previous occasion." By sect. 18, "if any public vaccinator or [registered, s. 35] medical practitioner shall be of opinion that the child is not in a 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 [in the Form 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." By sect. 19, at or before the end of every 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 [in the said form], so long as he deems requisite under the circumstances of the case. By sect. 20, if the public vaccinator or medical practitioner finds that a child whom he has three times unsuccessfully vaccinated is insusceptible of successful vaccination [and see 34 & 35 Vict. c. 98, s. 7, in Note 467]—or that a child brought to him has already had the smallpox, he is to deliver to the parent or other person a certificate [in form provided, C] to that effect, “and the parent or such person . . . shall thenceforth not be required to cause the child to be vaccinated." By sect. 21, a certitificate of successful vaccination is, within twenty-one days after the operation, to be transmitted by the public vaccinator to the registrar of births, where the birth registered, and a duplicate given to the parent or other person,-for which and for the vaccination no fee is to be charged by the public vaccinator to the parent, &c. (s. 22). By sect. 23, the parent, &c. is to transmit a certificate of successful vaccination, if performed by his medical practitioner, to the registrar, and see sects. 12, 13 of 34 & 35 Vict. c. 98. By 34 & 35 Vict. c. 98, s. 8, the registrar of births and deaths is to transmit a monthly return to vaccination officer of all births and of all deaths of 'infants under 12 months of age. 466 Procedure-Evidence-Expenses of Prosecutions.] By 30 & 31 Vict. c. 84, s. 33, "the statute 11 & 12 Vict. c. 43, except sect. 11 [as to time of commencing proceed [MEM. The acts are 30 & 31 Vict. c. 84, and 34 & 35 Vict. c. 98.] Not exc. 20s. (s. 29);-recov. under 11 & 12 Vict. c. 43 (s. 33, Note 466)-i. e. by distress (11 & 12 Vict. c. 43, 8. 19, ante, p. 225), and impr. in default as scale in 42 & 43 Vict. c. 49, s. 5, p. 185. ings, ante, p. 135], shall apply to all proceedings to be taken under this act [the time being now within twelve months by 34 & 35 Vict. c. 98, s. 11];-and the justices of the county, city, borough or other place where the offence shall have been committed shall have jurisdiction to hear the complaint; and where a union or parish shall be comprised in several jurisdictions, the complaint as to any matter arising in such union or parish may be heard and determined in any one of such jurisdictions;-and all prosecutions undertaken by the guardians or their officers or any [vaccination officer, 34 & 35 Vict. c. 98, s. 5] under this act shall be deemed to be within the operation of the 7 & 8 Vict. c. 101, s. 59, and the 28 & 29 Vict. c. 79, s. 9." [See the enactments set out in Note 368, ante, pp. 679, 680.] As to proof by prosecutors, 30 & 31 Vict. c. 84, s. 34, provides, that "in any prosecution for neglect to procure the vaccination of a child it shall not be necessary in support thereof to prove that the defendant had received notice from the registrar or any other officer of the requirements of the law in this respect; but if the defendant produce any such certificate as hereinbefore described, i. e. under sects. 18, 19, 20, 23 [not however in proceedings under sect. 31. See Allen v. Worthy, noticed in Note 468], or the register of vaccinations kept by the registrar as herein before provided, in which the certificate of successful vaccination of such child shall be duly entered, the same shall be a sufficient defence for him, except in regard to the certificate marked B (under s. 18), when the time specified therein for the postponement of the vaccination shall have expired, before the time when the information shall have been laid." By 34 & 35 Vict. c. 98, s. 11, the defendant in any proceedings may appear by any member of his family, or any other person authorized by him. Time for making Complaint.] The period within which a complaint that a child within the age of fourteen years has not been successfully vaccinated must be made, runs from the time of giving notice to the parent of the child to procure its being vaccinated; and unless the complaint be made within that period no order directing vaccination can be made under sect. 31 of the 30 & 31 Vict. c. 84; Knight v. Halliwell, 43 L. J., M. C. 113. 467 Transmission of Certificates to Vaccination Officer-Offence 5.] By 34 & 35 Vict. c. 98, s. 7, "every certificate of a child being unfit for or insusceptible of successful vaccination if given by a public vaccinator shall, instead of being delivered by him to the parent, be transmitted by such public vaccinator, and if given by any other medical practitioner shall be transmitted by the parent of such child, to the vaccination officer, in like manner as if it was a certificate of successful vaccination, and within seven days after the examination of the child upon which such certificate is founded,—and the public vaccinator shall, upon request, and without fee or charge, deliver to the parent a duplicate of any such certificate transmitted by him. Every certificate of successful vaccination shall be transmitted within seven days after it is ascertained that the operation has been successfully performed;-and where a medical practitioner who is not a public vaccinator inspects a child to ascertain the result of the operation of vac |