231552-1936-Supplementary-Draft-Bills--Public-Health-Animals-and-Birds-Amendment-Public-Health-Food-Amendment-Public-Health-Sanitation-Amendment — Page 5

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Governor in Council empowered

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.

Renumbering

(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.

13. (1) in any appeal under the provisions of section. 12 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 12.

14. 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.

8. Sections 10, 11 and 12 of the Public Health (Food) Ordinance, 1935, are renumbered sections 15, 16 and 17 12 of Ordin respectively.

of sections 10, 11 and

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.

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