HIBBERD v. KELLEHER

27 VLR 474·HOOD, J.
27 VLR 474
27 VLR 474
HIBBERD v. KELLEHER Supreme Court of Victoria HOOD, J. 16 October 1901 Health Act 1890 (No. 1098), Part IX., ss. 191, 194, 204, 214 — Vaccination — Prosecution for non-vaccination — Proof necessary to establish prim facie case — Proof of sending notices re vaccination — Division of Victoria into vaccination districts — Appointment of places in particular districts for performance of vaccination — Proclamation by Governor in Council — Appointment of public vaccinator for particular district — Onus of proof — Deputy-Registrar of births, deaths, and marriages — Discontinuance of duties of — Births Deaths and Marriages Transfer Act 1893 (No. 1303), s. 5 — Non-vaccination proved on date when child nine months old — Sufficiency of notice .

In any prosecution for neglect to comply with the provisions of Part IX. of the Health Act 1890, sec. 214 of the Act renders it necessary for the prosecution, in order to launch a prim facie case, only to prove that the deputy-registrar or any other officer has given or sent, by post or otherwise, notice of the requirement of such part; and either sec. 214 of the Act or else the maxim "omnia prsumuntur rite esse acta" makes it unnecessary for the prosecution to prove that the Governor in Council has by proclamation divided Victoria into districts, and has appointed a place or places in a district, in which the child or the defendant is resident, for the performance of vaccination, within the terms of sec. 191 of the Act, or that a public vaccinator has been appointed for the district in which the child or the defendant is resident.

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