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27.—If an order is made without due cause, or if the council unreasonably
refuse to withdraw the order, the dairyman shall, if not himself in default, he
entitled to recover from the council full compensation for any damage which
he has sustained by reason of the making of the order or of the refusal of the
council to withdraw the order.
The Court or the Board of Agriculture and Fisheries may determine and
state whether an order the subject of appeal has been made without due cause,
and whether the council have unreasonably refused to withdraw the order and
whether the dairyman has been in default.
Any dispute as to the fact whether the order has been or maintained without
due cause, or as to the fact of default where any such fact has not been
determined by the Court or Board of Agriculture and Fisheries, or as to the
fact of damage or as to the amount of compensation shall be determined in the
manner provided by section 308 of the Public Health Act, 1875, and that
section shall accordingly apply and have effect as if the same were herein
re-enacted and in terms made applicable to any such dispute as aforesaid.
Provided that for the purposes of the said section the council shall be deemed
to be the local authority, and that in the declaration to be made under the
provisions of section 180 (10) of the Public Health Act, 1875, there shall be
substituted for the reference to that Act a reference to this Act.
28.—Every person who knowingly sells or suffers to be sold or used for
human consumption within the county the milk of any cow which is suffering
from tuberculosis of the udder, shall be liable to a penalty not exceeding ten
pounds.
29.—Any person the milk of the cows in whose dairy is sold or suffered to
be sold or used for human consumption within the county who after becoming
aware that any cow in his dairy is suffering from tuberculosis of the udder
keeps or permits to be kept such cow in any field, shed, or other premises
along with the other cows in milk shall be liable to a penalty not exceeding
five pounds.
30.—Every dairyman who supplies milk within the county and has in his
dairy any cow affected with or suspected of or exhibiting signs of tuberculosis
of the udder, shall forthwith give written notice of the fact to the medical
officer, stating his name and address, and the situation of the dairy or premises
where the cow is.
Any dairyman failing to give such notice as required by this section shall
be liable to a penalty not exceeding forty shillings.
31.—The council shall cause to be given public notice of the effect of the
provisions of this part of this Act by advertisement in two or more daily
newspapers circulating in the county, and by handbills and otherwise in such
manner as they think sufficient, and this part of this Act shall come into
operation at such time not being less than one month after the first publication
of such advertisement as aforesaid as the council may fix.
32.—Offences under this part of this Act may be prosecuted and penalties
may be recovered by the council before a petty sessional court having jurisdiction
in the place where the dairy is situate or the offence is committed and
not otherwise.