§ MR. CHANNING (Northampton, E.)
asked the Secretary of State for the Home Department, Whether he is aware of the following facts:—That Enoch Harper, of Quinton, was convicted at Halesowen Petty Sessions, on March 13, 1888, of disobeying a vaccination order, dated January 3, 1888, and fined £1 and 9s. costs; that he pronounced the proceedings irregular, and ordered the fines to be remitted; that the conviction has never been quashed, and still stands on the records of the Court; that no fresh vaccination order has been issued as to the child in question; that, notwithstanding that the conviction is un-quashed, and no fresh order has been issued, Enoch Harper was summoned again for disobedience to the vaccination order of January 3, and on June 19, 1888, fined £1 and 9s. costs; and, whether this second conviction for the same 889 offence, without the issue of a fresh vaccination order, is illegal; and, if so, whether he will direct the fine and costs imposed on Enoch Harper on June 19 to be refunded to him?
§ THE SECRETARY OF STATE (Mr. MATTHEWS) (Birmingham, E.)
The facts are correctly stated in the Question. Whether or not a fresh vaccination order was necessary to make the second conviction good is a matter of law, which was not raised before the magistrates at the time, and upon which it is no part of my duty to express an opinion. Mr. Harper is evading the law; and as he can move to have the conviction quashed, if he is so advised, I see no reason calling upon me to interfere.