, 1876-03-04

OSAAAJ ~-~SNS ~ 0AS w LAO . VA
whom Farrelly, Fleming, Jdrs, Percy g. Sarauw
had reported their inability to attend ii
Members we're present.
Agreeably to the Order of the Day the
Council proceeded to:
/, Continuation Of 2nd Discussion on Draft
of Ordinance by which the Law of 4th Febru.
airy 1871 concerning Vaccination, is extended
to be valid for the Danish West India Islands.
The Chairman placed s 6 of the Draft [uow
z with amendment No. Is under discussion.
The President introduced the amendment sub
No. Is, which was so simple in itself
that he could have nothing further to add.
1t will be evident to the honorable Mem
bers that the proposed addition is only for per-
feoting the meaning and object of the para
graph itself, This clause will, Of course, be
adding another burthen on the physician who
issues the certificate, but the trouble will be but
very little after all, and he supposed the Coun.
oil would have no objections to join In the
proposed amendment.
No one further desired the word,
The amendment No. Is was adopted unani-
mously with 10 votes and 6 fnowS n so
amended, adopted taoitly.
The Chairman then placed s 7 of the Draft
NOW ! 81 with amendment No Is under dis
cussion.
The President looked upon this amendment
as being Of a much more serious nature than
most of tbs other amendments that have been
under discussion with this Draft. In point Of
principle it can hardly be doubted that the
party causing an injury to another is liable to
be called on for compensation it is not
enough that such party be punished by the
law, which is in itself no compensation to the
injured, but the %injuring party must besides
pay damages. AT the same time it is evident
that in application this principle is not easy to
apply in all individual cases. This is, howev.
er, no objection to the law, as it must If course
rest with the Courts of Justice to decide whe-
Their an injury Of the kind has been inflicted, to
warrant the awarding Of damages, and then
also to fix the amount Of such damages. The
first consideration has formed the principal
weight with the Government when here pro-
posing that a special clause be added provi-
ding that in case of injury through neglect
In efeoting vaccination, the injured party
shall be entitled to compensation. The carry
ing out of this stipulation is of secondary CON
sideratiOn, and would IN itself not offer diff
culties to prevent the Legislature in carrying
it out.
Mac William took his seat.
The Chairman wished it to be we'll under
stood, that the consequence of the adoption
of this amendment would be to bring important
and oftentimes very difficult questions Of da-
images under the decision of the Police-C Courts,
a course to which great objections may be
raised. The general laws about damages would
be sufficient.
The President did not intend to look on
this amendment as one which the Government
takes 3 particular interest to carry through,
and he could not otherwise than admit the
torce of the Arguments advanced by the hon.
durable Chairman against the proposed add.
tional clause if the amendment were not to
be adopted by the Council the principle in
itself would not be essentially violated, because
10 all such cases it is free to all parties iniur-
ed by another in such a way as here treated
of, to seek redress by private suit. In some
instances of theft the party robbed may GER
talnly under the public criminal suit obtain
judgment for payment of the stolen goods, but
the party who might have bought the goods
from the thief, and have to restore them, could
not under same suit obtain redress for his loss.
The sufferer would have to institute a separate
suit to obtain judgment for payment of the
goods. 10 like manner would it be open 20 the
party injured by improper vaccination to seek
redress and damages. This amendment has
been proposed in accordance with what came
from the Committee in st. Thomas, but he must
of course leave to the Council to form its own
opinion on the subject.
2nd Member for Frederiksted TFdbeyl
thought that after the explanations given, there
was no encouragement to adopt this amendment,
and be would therefore vote against it.
lat Memher for Christiansted Torooo;on1 bo6