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to hear the appeal not exceeding three guineas a day) shall
be treated as part of the costs of the appeal. Pending the
decision of the appeal, the Order shall remain in force unless
previously withdrawn. (Acton).
(12). For the purposes of an appeal under this Section,
the Local Government Board and the Board of Agriculture and
Fisheries, and any Officer appointed by either such Board
shall have the same powers as the Local Government Board
and their Inspectors have for the purposes of an inquiry
under the Public Health Acts.
(13). If any Order is made under this Section by the
Council without due cause, or if the Council unreasonably
refuse to withdraw any such Order, the dairyman shall, if not
himself in default, be 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 to withdraw
the Order, and in the case of an appeal, the Court or
Board to whom the appeal is made, may determine and state
whether an Order, the subject of appeal, has been made
without due cause, and whether the withdrawal of the Order
has been unreasonably refused and whether the dairyman
has been in default. (Acton).
(14). 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 on
appeal by the Court or Board to whom the appeal is made)
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. (Acton).
(15). Where the Council have delegated their powers
under this Section to a Committee, anything authorised or
required by this Section to be done to or by the Council, shall
be done to or by the Committee.