HC Deb 08 August 1887 vol 318 cc1538-9
MR. PICKERSGILL (Bethnal Green, S.W.)

asked the President of the Local Government Board, Whether his attention has been called to the following case:—Mr. A. Main, of 345, Cambridge Road, Bethnal Green, was prosecuted in August last, by Mr. Ward, a vaccinating officer, for non-compliance with the Vaccination Acts, and a penalty was imposed; and in July, 1887, application was made for a distress warrant in respect of the said penalty by Inspector Ford, of the Division of Metropolitan Police, to whom a warrant was issued; whether an application for a distress warrant is pan of the "proceedings" within the meaning of the Vaccination Regulations Order of 31st October, 1874; whether such application is re- quired to be made by the vaccination officer; and, if so, whether the action of Inspector Ford was legal; and to whom penalties imposed in London under the Vaccination Acts are pavable?

THE PRESIDENT (Mr. RITCHIE) (Tower Hamlets, St. George's)

My attention had not been called to the, case referred to prior to the Notice of this Question having been given. The application for a distress warrant is considered by the Board to be part of the proceedings within the meaning of the Vaccination Regulation Order of October 31, 1874. That Order contemplates that the application for a distress warrant shall be made by the vaccination officer. The action of Inspector Ford was not, however, illegal. The penalties under the Vaccination Acts imposed in a Metropolitan Police Court are payable to the Receiver of Police under sec. 47 of the Act 2 & 3 Vict., c. 71, the Statute under which the Metropolitan Police Courts were established. The sums so received by the Receiver are paid by him into the Exchequer. The Law Officers three or four years ago, when consulted on the subject, advised that whereas in these cases the penalties imposed were to go to the Crown, or to such an officer as the Receiver of Police, the Crown was entitled, in the public interest, to apply for the enforcement of the penalty.