432
Governor in Council em- powered in any appeal to state case for
the opinion
of Full Court on question of law.
Order of Governor in Council enforced by the court.
Breach of
or exemp- tion.
48
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.
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.
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, prohibi- tion, or other order should he elect so to do, instead of appealing to the Governor in Council under this section.
167. In any appeal under the provisions of section 166 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 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.
Any party to the appeal shall be entitled to be heard by counsel on the hearing of any case so stated
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.
168. Every order of the Governor in Council on any appeal shall be final and may be enforced by the Supreme Court as if it had been an order of that court.
169. The breach of or failure to perform any term condition of or condition attached to any modification of or modification exemption from any provision of this Ordinance shall entitle the authority by whom such modification or exemption was granted, to cancel such modification or exemption, and thereafter the said provision shall apply to the property affected as if no such modifica- tion or exemption had been granted.
Registration of modifica
tion and cancellation thereof.
170. A memorandum stating the effect of any modification of or exemption from any provision of this Ordinance and of any terms or conditions attached thereto, signed by or on behalf of the authority granting it, and by or on behalf of the owner, may be registered in the Land Office against the property affected on payment by such owner of a fee of three dollars (such fee to be paid in stamps), and in the event of the cancellation of any modifica- tion or exemption a memorandum thereof signed by or on behalf of the cancelling authority shall be registered by the Land Officer against the property affected without fee.
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