Buildings.
may,
unless
as to the carrying out of or the meaning of any of the provisions of this Ordinance, or whenever any of the provisions of this Ordinance are, owing to special conditions, undesirable, the person so dissatisfied proceedings have already been taken before a magistrate in relation thereto, appeal to the Governor in Council, who, if in his opinion the exercise of such discretion or such action or decision requires modification, revocation, or setting aside, or such special conditions exist as render any such provision undesirable, may make such order in respect thereof as may be just.
(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 Building Authority.
(3) 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.
(4) 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 he elect so to do, instead of appealing to the Governor in Council under this section.
[161]
[CAP. 123
Governor in Council empowered in any appeal to state case for the Full Court of law.
158. (1) In any appeal under the provisions of the preceding section the Governor in Council may at any time in his discretion direct a case to be stated for the opinion of the Full Court on any question of law involved in any opinion of appeal submitted to him. The terms of such case shall be agreed upon by the parties concerned, or in the event of their failure to agree shall be settled by the Full Court. The Full Court shall hear and determine the question of law arising on any case stated as 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.
533