§ MR. T. E. ELLIS (Merionethshire)asked the Secretary of State for the 153 Home Department, Whether the Vicar of Llanfihangel, near Cerrig-y-Druidion, Denbighshire, declines to pay his rates to the overseers of the parish; whether Mr. W. Kerr, a magistrate of the Petty Sessional Division of Cerrig-y-Druidion, refused to sign the summons to bring the case before the Petty Sessions; and, whether such a refusal on the part of the magistrate is in accordance with the law, and, if not, whether he will bring the conduct of the magistrate under the notice of the Lord Chancellor?
§ THE SECRETARY or STATE (Mr. MATTHEWS) (Birmingham, E.)Yes, Sir; I am informed that the Vicar did decline to pay the rate on the tithe rent-charge, on the ground that it had not been paid to him. The magistrate did refuse to sign the summons. I have no authority to express opinions on points of law. If the magistrate has claimed to have a discretion in the matter of issuing the summons, which the law does not give him, a simple remedy is provided by 11 &12 Vict., c. 44, s. 5.