CO129-609-3 Future policy- draft Municipal Council Ordinance 1-1-1947 - 31-12-1947 — Page 64

PART IX

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(3) Where an appeal is made to the Governor under

this section, he may at any stage of the proceedings

state in the form of a special case for the opinion of the

Court any question of law arising in the course of the

appeal, but save as aforesaid the decision of the Governor

shall be final.

Application for relief.

8.230

Supplementary provisions as to appeals and applications.

8.231

"

106.

(1)

In the case of a surcharge, the person

surcharged may, whether or not he appeals under the preceding section, apply to the tribunal (whether the Supreme Court or the Governor) to whom he appeals or, if

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he does not appeal, to the tribunal whether the Supreme Court or the Governor) to whom he might have appealed, for

a declaration that in relation to the subject matter of

the surcharge he acted reasonably or in the belief that

his action was authorized by law, and the Court er

Governor, as the case may be if satisfied that there is

proper ground for doing so, may make a declaration to that

effect.

(2) Where such a declaration is made the person

surcharged, if by reason of the surcharge he is subject to

the disqualification imposed by Part III of this Ordinance,

shall not be subject to that disqualification, and the Court

or the Governor may, if satisfied that the person ought

fairly to be excused, relieve him either wholly or in part

from personal liability in respect of the surcharge and

the decision of the Court or the Governar under this section

shall be final.

107. (Provision shall be made by rules of court

limiting the time within which appeals and applications may

be made to the Supreme Court under this Part of this

Ordinance, and for securing that where an application is

made public notice of the hearing shall be given, and for

enabling any registered elector to appear at the hearing

and object.

(61)