813
(2) The grounds of such appeal shall be concisely stated in writing, and the appellant may, if he so desires, be present at the hearing of such appeal and be heard in its support either by himself or by his representative, and the Governor in Council shall thereafter determine the matter in the absence of, and without further reference to, the Urban Council.
empowered
state case
opinion of
13.-(1) In any appeal under the provisions of section Governor in 12 the Governor in Council may at any time in his discretion Council direct a case to be stated for the opinion of the Full Court on in any any question of law involved in any appeal submitted to him. appeal to The terms of such case shall be agreed upon by the parties for the concerned, or in the event of their failure to agree shall be Full Court settled by the Full Court. The Full Court shall hear and on question determine the question of law arising on any case stated as of law. aforesaid, and shall remit the matter to the Governor in Council who shall give effect by order to the finding of the court. The costs of such hearing shall be in the discretion of the court.
(2) Any party to the appeal shall be entitled to be heard by counsel on the hearing of any case so stated.
(3) No proceedings by way of mandamus, injunction, prohibition or other order shall be taken against the Governor in Council in respect of anything arising out of this section.
(4) The Clerk of Councils shall give the appellant seven days notice of the hearing of the appeal, and shall at the same time furnish the appellant with a copy of the evidence and documents submitted by the respondent for the consideration of the Governor in Council.
Provided that nothing herein contained shall be deemed to prevent any person from applying to the Supreme Court for a mandamus, injunction, prohibition or other order, should be elect so to do instead of appealing to the Governor in Council under section 12.
14. Every order of the Governor in Council on any Order of appeal shall be final and may be enforced by the Supreme Governor in Court as if it had been an order of that court.
Council
enforced by the Court.
8. Sections 10, 11 and 12 of the Public Health (Food) Renumbering Ordinance, 1935, are renumbered sections 15, 16 and 17 of sections respectively.
10, 11 and 12 of Ordin- ance No. 13
of 1935.
Objects and Reasons.
1. Clause 2 of this Bill amends the definitions of Dairy, Dairyman and Milk Shop. The new definitions of "Dairy" and "Dairyman" are practically identical with the similar definitions in the Milk and Dairies (Consolidation) Act, 1915 (5 and 6 Geo. 5, c. 66). In the light of the experience gained since the passing of the Ordinance it is considered that the new definitions are more suitable to the conditions in the Colony.