438 MILK AND THE PUBLIC HEALTH APP. 



medical officer of health or by the sanitary authority without due 

 cause, or if the sanitary authority or medical officer of health 

 unreasonably refuse to withdraw any such order, the dairyman 

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

 sanitary authority 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 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. 



(12) 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 nob been determined on appeal by the 

 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 three hundred and eight 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. 



(13) Where a sanitary authority have delegated their powers 

 under this section to a committee anything authorised or required 

 by this section to be done to or by the authority shall be done to 

 or by the committee. 



3. (1) If a person 



(a) knowingly sells, or offers or exposes for sale, or suffers 



to be sold or offered or exposed for sale, for human 

 consumption or for use in the manufacture of products 

 for human consumption ; or 



(b) knowingly uses or suffers to be used in the manufacture 



of products for human consumption : 



tuberculous milk or the milk of any cow which is suffering from 

 tuberculosis of the udder, or which is emaciated from tuberculosis, 

 he shall for each offence be liable on summary conviction to a fine 

 not exceeding ten pounds, unless he proves that the milk has been 

 boiled or otherwise sterilised. 



(2) Any dairyman after he becomes aware that any cow in his 

 dairy is suffering from tuberculosis with emaciation, or from tuber- 

 culosis of the udder, or is giving tuberculous milk, shall, so far as is 

 practicable, not keep that cow or permit it to be kept in any field, 

 shed, or other premises along with other cows in milk, and if he 

 does so shall be liable on summary conviction to a fine not exceed- 

 ing five pounds. 



4. (1) It shall be lawful for an inspector of the Local Govern- 

 ment Board, or the medical officer of health of a county or of any 

 sanitary district, or any person provided with and, if required, 



