TUBERCULOSIS AND MILK 421 



1904 Act, Section 92. (1) The dairyman may appeal against 

 an order of the Corporation under Section 1 9 of the Manchester 

 Corporation (General Powers) Act, 1899, or the refusal of the 

 Corporation to withdraw any such order either to a petty sessional 

 court having jurisdiction within the city, or at his option, if the 

 dairy is situate outside the city, to the Board of Agriculture and 

 Fisheries, who shall appoint an officer, to hear such appeal. Such 

 officer shall fix a time and place of hearing within the city, and 

 give notice thereof to the dairyman and the town clerk, 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 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 previously withdrawn by the Corporation. 



(2) If such an order is made without due cause, or if the 

 Corporation unreasonably refuse to withdraw the order, the dairy- 

 man shall, if not himself in default, be entitled to recover from the 

 Corporation full compensation for any damage he has sustained by 

 reason of the making of the order, or of the refusal of the Cor- 

 poration 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 Corporation have 

 unreasonably refused to withdraw the order, and whether the dairy- 

 man has been in default. 



Any dispute as to the fact whether the order has been made 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 pro- 

 vided 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. 



