§ 75. Mr. RENDALLasked the Home Secretary whether he is aware that certain benches of magistrates have agreed that no individual magistrate in their Petty Sessional division shall sign vaccination exemptons when applied to until the applicants have attended at the magistrates' clerk's office for a note of registratoin, costing the applicant Is.; whether such action by a bench of magistrates has received his sanction; if not, whether persons who have paid such fees can compel their return; and whether it is the duty of a magistrate to sign an exemption order at any reasonable hour if satisfied of the conscientious objection to vaccination of the applicant?
§ Mr. McKENNAI have no information on this matter which has not previously been brought to my notice. I am not aware of any grounds on which a magistrate would be justified in requiring an applicant to attend at the clerk's office before taking his statutory declaration under the Vaccination Act, 1907. The fees payable in any Petty Sessional division are regulated by the approved table of fees in force in the division. I am afraid I am unable to express any opinion as to whether the fees paid in the cases mentioned could be recovered by the appli- 1136 cant. It is the duty of the magistrates to give effect to the Statute by affording facilities for the taking of declarations, but I cannot say that there is a direct legal obligation on any individual magistrate to take such declarations. The magistrate is not required to inquire into the conscientious objections of the applicant. I may remind my hon. Friend that the declaration can be taken by a Commissioner for Oaths or other authorised person as well as by a justice.