63

PART IX

Appeals against decisions of auditors.

s.229

(In U.K. £500)

(e) to certify the amount due from any person

upon whom he has made a surcharge;

(f) to certify at the conclusion of the audit his

1.

allowance of the accounts, subject to any

disallowances or surcharges which he may have

made:

Provided that no expenses paid by the Council shall

be disallowed by the auditor, if they have been sanctioned

by the Governor.

(2) Any loss represented by a charge for interest

or any loss of interest shall be deemed to be a loss within

the meaning of this section, if it arises from failure

through wilful neglect or wilful default to make or collect

such rates or to issue such precepts as are necessary to

cover the expenditure of the Council for any financial year

(including any expenditure incurred in any previous year

and not covered by rates previously levied or precepts

previously issued), or to collect other revenues.

105.

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(1) Any person who is aggrieved by a

disallowance or surcharge made by an auditor appointed

under this Part of this Ordinance may, where the disallowance

or surcharge relates to an amount exceeding five thousand

dollars, appeal to the Supreme Court in its Original

Jurisdiction, and may in any other case appeal to the

Supreme Court in its Summary Jurisdiction (or to the Governor

(2) The Court or the Governor on such an appeal shall

have power to confirm, vary or quash the decision of the

auditor, and to remit the case to the auditor with such

directions as the Court (or the Governor, thinks fit for

giving effect to the decision on appeal, and if the decision

of the auditor is quashed or is varied so as to reduce the

amount of the surcharge to five thousand dollars or less,

the appellant shall not be subject to the disqualification

by reason of the surcharge imposed by Part III of this

Ordinance.

(60)

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