APPENDIX M 579 



(4) Where proceedings are taken or any order is made under this section 

 by the Local Authority of a district other than a burgh, it shall not be competent 

 to appeal against the said proceedings or against said order to the County 

 Council. 



(5) The Local Authority may, if the dairy is within the district, require the 

 dairyman not to supply milk either within or without the district, and shall 

 give notice of the fact to the Local Authority of any district within which they 

 believe milk to be supplied from such dairy. 



(6) Any such order shall be forthwith withdrawn on the Local Authority, 

 or their Medical Officer on their behalf, being satisfied that the milk from the 

 dairy is no longer likely to cause infectious disease. 



(7) It shall be open to any Local Authority or dairyman aggrieved by any 

 such resolution or order, or withdrawal of order, to appeal in a sunmiary 

 manner to a sheriff having jurisdiction in the district in which the dairy is 

 situated, and the sheriff may either make an order requiring the dairyman to 

 cease from supplying milk, or may vaxy or rescind any order which has been 

 made by the Local Authority', and he may at any time withdraw any order made 

 under this section. Pending the disposal of any such appeal, the order shall 

 remain in force. 



(8) If any person refiises to permit the Medical Officer or veterinary surgeon 

 of either Local Authority to make examination as above pro\nded, or, after any 

 order has been made under this section, supplies milk in contravention of the 

 order, he shall be liable to a penalty not exceeding ten pounds, and, if the 

 offence continues, to a further penalty not exceeding five pounds for every day 

 during which the offence continues. 



(9) Provided that — 



{a) proceedings in respect of the offence shall be taken before a sheriff 

 having jurisdiction in the place where the dairy is situate ; and 



ib) a dairyman shall not be liable to an action for breach of contract if the 

 breach be due to an order under this section. 



(10) Nothing in or done under this section shall interfere with the operation 

 or effect of the Contagious Diseases (Animals) Acts, 1878 to 1886, or of any 

 order, licence, or act of the Privy Council or the Board thereunder, or of any 

 regulation, licence, or act of a Local Authority, made, granted, or done under 

 any such order of the Privy Council or the Board, or exempt any dairy, building, 

 or thing, or any person fi-om the provisions of any general Act relating to dairies, 

 milk, or animals. 



Sources and Destination of Milk. 

 Section 61. — Whenever it shall be certified to the Local Authority, by the 

 Medical Officer or other legally qualified medical practitioner, that the outbreak 

 or spread of infectious disease within the district is, in the opinion of such 

 Medical Officer or medical practitioner, attributable to milk supplied by any 

 dair\Tnan, whether wholesale or retail, or to milk supplied by one or other of 

 several such dairymen, whether wholesale or retail, — 



(i) The Local Authority may require such dairyman, whether within or 

 without the district, to furnish to them within a time to be fixed by 

 them, being not less than twenty-four hours, a full and complete list 

 of the names and addresses of all his customers within the district so 

 far as known to him, and such dairyman shall furnish such list accord- 



