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(6) The said order shall bo forthwith withdrawn on the council or medical1
officer being satisfied that the milk supply has been changed or that it is not
likely to cause tuberculosis to persons residing in the county.
(7) If any person after such order has been made supplies any milk within
the county in contravention of the order, or sells it for consumption therein,
he shall be liable to a penalty not exceeding five pounds, and if the offence
continues to a daily penalty not exceeding forty shillings.
(8) A dairyman shall not be liable to an action for breach of contract if the
breach be due to an order under this section.
(9) It shall be lawful for the council if they think fit to repay to any
dairyman who shall have appeared before them, pursuant to any notice in that
behalf served on him by the council, the whole or any part of the expenses
reasonably incurred by such dairyman in attending for the purpose of such
appearance.
(10) The council shall simultaneously with the service on any dairyman of
a notice under this section furnish to him free of charge a copy of the report
made to the council by the medical officer in relation to the dairy referred to
in such notice, and of the report furnished to the medical officer by the
veterinary surgeon who accompanied the medical officer, or such authorised
person as aforesaid, on the occasion of his entry and inspection of such dairy,
and where any order proposed to be made by the council under this section
relates to any dairy situate outside the county the council shall, before making
such order, furnish free of charge to the county council of the county in
which the dairy is situate, copies of the like reports relating to such dairy.
26.—The dairyman may appeal against an order of the council made under
the last preceding section or the refusal of the council to withdraw any such
order, (a) if the dairy is situate within the county outside the City of London,
to the metropolitan police court of the district within which the dairy is
situate, or (b) if the dairy is situate within the said city to the Lord Mayor or
an Alderman of the said city for the time being, sitting at the Mansion House
or Guildhall Justice Rooms in the said City, or (c) if the dairy is situate
outside the county at his option either to a metropolitan police court, or to
the Board of Agriculture and hisheries, who shall appoint an officer to hear
such appeal. Such officer shall fix a time and place of hearing within the
county, and give notice thereof to the dairyman and the clerk of the council
not less than forty-eight hours before the hearing. Such officer shall for the
purposes of the appeal have all the powers of a petty sessional court.
The Board of Agriculture and Fisheries may at any stage require payment
to them by the dairyman of such sum as they deem right to secure the
payment of any costs incurred by the Board of Agriculture and Fisheries in
the matter of the appeal.
The Court or the Board of Agriculture and Fisheries as the case may be,
may confirm, vary, or withdraw the order which is the subject of the appeal,
and may direct to and by whom the costs of the appeal (including any sum
paid or payable to to the Board of Agriculture and Fisheries as aforesaid) are
to be paid, but pending the decision of the appeal, the order shall remain in
force unless previously withdrawn by the council.