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made, supplies any milk within the district in contravention
of the order, or sells it for consumption therein, he
shall be liable to a penalty not exceeding £5, and if the
offence continues, to a daily penalty not exceeding forty
shillings.
(h) A dairyman shall not be liable to an action for
breach of contract if the breach be due to an order under
this section.
This section is an extension of section 4 of the
Infectious Disease (Prevention) Act, 1890, so as to include
tuberculosis.
Section 36 allows the dairyman to appeal against
an order made under the preceding section on refusal of
the Council to withdraw the order to the Board of
Agriculture, who shall appoint an officer to hear such
appeal.
The Board of Agriculture may require payment
from the dairyman of any costs incurred by the appeal,
and the Board may confirm, vary, or withdraw the order.
Section 37.— If the dairyman shall not himself be in
default in consequence of an order being made, or the
refusal of the Council to its withdrawal, he may recover
full compensation for any damage from the Council.
The amount of compensation to be determined as
provided by section 308 of the Public Health Act, 1875.
Section 38 requires public notice to be given of
this Part of this Act, and this has already been done
according to the terms of the section.
Section 39 provides for the recovery of penalties
before a petty sessional court having jurisdiction in the
place where the dairy is situated only.
Section 40 provides for the testing of cows for
discovering tuberculosis by tuberculin or other reasonable
test, but this must not be applied unless the consent of
the owner is obtained. All expenses incurred in the