221480-1935-Supplementary-Public-Health-Sanitation- — Page 30

809

Appeal to the Governor in Council.

Governor in

decision of

84.-(1) Whenever any person is dissatisfied with the Appeal to exercise of the discretion of the Urban Council or of any person Council to whom discretionary power is given under this Ordinance in against respect of any act, matter or thing which is by this Ordinance any person made subject to the exercise of the discretion of such authority, entrusted

with power or with any action or decision of the Council or of any such under this person either as to the carrying out of or the meaning of any Ordinance. 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 may, unless 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

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 Urban Council.

Council empowered

in any

appeal to state case

for the Fall Court on question

opinion of

85.-(1) In any appeal under the provisions of section Governor in 84 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.

(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 he elect so to do instead of appealing to the Governor in Council under section 84.

86. 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.

of law.

Order of

Governor

council

enforced by the Court.

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