Vaccination compulsory, order of magistrate

(1) If any public vaccinator, Registrar, revenue officer or any member of the police department gives information in writing to a magistrate that he has reason to believe that any child under the age of five years, being within the district of such magistrate, has not been vaccinated, and that he has given notice to the parent of the child to procure its being vaccinated and that the notice has been disregarded, the magistrate may summon the parent to appear with the child before him at a certain place and time. 90 (2) If the magistrate finds after such examination as he thinks necessary that the child has not been vaccinated and has not already had smallpox, he shall, if he sees fit, make an order under his hand directing such child to be vaccinated within a certain time, and if at the expiration of that time the child has not been vaccinated or shall not be shown to be then unfit to be vaccinated or to be insusceptible of successful vaccination, the parent upon whom such order has been made shall be proceeded against summarily, and unless he shows some reasonable ground for his omission to carry the order into effect, he shall be liable to a fine not exceeding twenty-five dollars. (3) If the person summoned fails to appear with the child at the time appointed in the summons, the magistrate may make an order as specified in subsection (2) of this section, as though it were proved that the child had not been vaccinated, and such order may in this case contain a requirement for the payment of the costs of the proceedings, including such order. (4) If the magistrate is of opinion that the parent is improperly brought before him, and refuses to make any order for the vaccination of the child, he may order the informer to pay to the parent such sum of money as he considers to be fair compensation for his expense and loss of time in attending before the magistrate.