§ MR. HOPWOODasked the Secretary of State for the Home Department, Whether he is aware that another summons was, on the 19th instant, issued against Joseph Abel, of Faringdon, for the non-vaccination of his child Frederick Joseph Abel; whether it is not discretionary with the justices (under 30 and 31 Vie. c. 84, s. 31) to refuse to make the order; and, whether, under the circumstances of the numerous prosecutions and fines inflicted upon the defendant, and in deference to the opinion of the Local Government Board, he will advise the justices not to make the order?
MR. ASSHETON CROSS, in reply, said, it was true another summons had been issued against the person in question. He should not wish to give any legal opinion as to the discretionary power of magistrates to refuse to issue such an order against a person for the non-vaccination of his children. The question was one which would more appropriately be put to the Attorney General.