0:50
A:50
0:51
A:51
Q:52
A:52
0:53
A:56
0:54
101
and that the accounts were under the supervision of the
Treasurer and were audited. He considered that it
would be the duty of the Treasurer and the Auditor to
draw attention to any irregularities or any lack of
system. He therefore asked that the Auditor should
produce the reports of all surprise surveys and Mr.
Dallin undertook to produce those of recent years.
Mr. Dallin commented that it would be out of order for
the Auditors to look into any accounts which were not
under the Treasurer.
Interrogation of Mr. Nisbet was then resumed.
The procedure and account system with regard to
executions are the same as in the case of distraint
sales and no ledger accounts are kept?
Yes, the procedure and accounts are the same
and no ledger accounts are kept.
When the Auditor examined the shroff's safe
he found certain moneys in envelopes. This money,
according to paragraph 8 of your report, was paid by
execution debtors on account of the execution, the
Creditor assenting. This would be done to avoid sale?
Yes, to avoid sale or arrest.
As execution had issued s.378 of the Code
required oney in such cases to be paid to the Registrar?
Yes. But the Bailiff is not entitled to accept payments on account of executions unless the
creditor consents.
Did you know that the shroff made a practice of retaining such sums and paying to creditors direct?
No, I was not aware of this.
Such retention and payment is a direct contra-
vention of the Suitors Fund Ord.
9.