§ (1.) If the medical officer of any district has evidence that any person in the district is suffering from an infectious disease attributable to milk supplied within the district from any dairy situate within the district, or that the milk from any such dairy is likely to cause any such disease to any person residing in the district, such medical officer shall visit such dairy, and the medical officer shall examine the dairy and every person engaged in the service thereof or resident upon the premises or who may be resident in any premises where any person employed in such dairy may reside, and if accompanied by a veterinary inspector or some other properly qualified veterinary surgeon, shall examine the animals therein, and the medical officer shall forthwith report the results of his examination accompanied by the report of the veterinary inspector or surgeon, if any, to the local authority or any committee of the local authority appointed under Section fourteen to deal with such matters.
§ (2.) If the medical officer of any district has evidence that any person in the district is 188 suffering from any infectious disease attributable to milk from any dairy without the district, or that the milk from any such dairy is likely to cause any such disease to any person residing in the district, such medical officer shall forthwith intimate the same to the local authority of the district in which such dairy is situate, and such other local authority shall be bound, forthwith, by its medical officer to examine the dairy and the persons aforesaid, and by a veterinary inspector or other properly qualified veterinary surgeon to examine the animals therein, previous notice of the time of such examination having been given to the local authority of the first-mentioned district, in order that the medical officers or any veterinary inspector or surgeon appointed by such authority, may, if they so desire, be present at the examinations referred to, and the medical officer of the second-mentioned local authority shall forthwith report the results of his examination, accompanied by the report of the veterinary inspector or surgeon, if any, to that local authority or any committee of that local authority appointed under Section fourteen of this Act to deal with such matters.
§ (3.) The local authority of the district in which the dairy is situated, or any committee appointed for the purpose, shall meet forthwith and consider the reports together with any other evidence that may be submitted by parties concerned, and shall either make an order requiring the dairyman not to supply any milk from the dairy until the order has been withdrawn by the local authority, or resolve that no such order is necessary.
§ (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 summary 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 vary 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 refuses to permit the medical officer or veterinary inspector of the local authority of the district, or of another district, concerned, accompanying such medical officer or veterinary inspector, to make examination as above provided, or, after any 189 order has been made under tins 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
- (b) a dairyman shall not be liable to an action for breach of contract if the breach be due to an order under this action.
§ (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 from the provisions of any general Act relating to dairies, milk, or animals.
§ Amendments made: In Sub-section (1) leave out "veterinary inspector or some other properly qualified": and after "surgeon," insert "approved as aforesaid"; leave out "inspector or."—(Lord Balfour.)
THE MARQUESS OF LOTHIANmoved to add at the end of the clause:—
(c) The medical officer of any district, or the local authority, may in any case in which such medical officer considers it necessary or expedient for preventing the spread of infectious disease, apply summarily to the sheriff or to a magistrate or justice of the peace for a summary warrant or order to stop the sale within such district of any milk which such medical officer may deem it necessary or expedient to stop to prevent the spread of infectious disease, and the sheriff or magistrate, or justice of the peace, as the case may be, may grant a war-rant or order accordingly, and the local authority shall pay the value of the milk so stopped, together with any costs reasonably incurred by the seller of the milk, if it should be afterwards found that the same was free from infection.The noble Marquess remarked that in populous places it was very important that the medical officer should have the powers which his Amendment sought to confer upon him. The object of the Amendment had been partially met in the House of Commons by the local authority being enabled to deal "forthwith" with any cases brought before them.
LORD BALFOURobjected that the addition to the clause would give too much power to medical officers, and he did not think it was necessary for the object his noble Friend had in view. The clause as adjusted already seemed strong enough, and as his noble Friend had mentioned, it had been strengthened by throwing upon the local authority the obligation to proceed forthwith in the exercise of the power to stop "forthwith" the sale of infected milk. The medical officer might do a great deal of harm to a dairyman's business, for which there would be no compensation by the oppressive use of the power which would be conferred upon him, and the mere offer to pay for the milk seized and confiscated would not repair the damage done to an innocent dairyman if milk seized was not proved to be deleterious. The City of Edinburgh was the only authority that had moved in this matter since the clause was adjusted, and he hoped that on that ground the House would not adopt this addition to the clause.
§ Amendment, by leave, withdrawn.
§ Amendments made: In Sub-section (1) leave out "veterinary inspector or other properly qualified," and after "surgeon" insert "approved as aforesaid."
§ In Sub-section (2) leave out "inspector or surgeon appointed by such authority," and insert "surgeon approved as aforesaid."
§ In Sub-section (8) leave out "inspector or"; leave out after "veterinary" to "inspector" inclusive, and insert "surgeon of cither local authority."—(Lord Balfour.)
§ Clause, as amended, ordered to stand part of the Bill.
§ Clause 87,—