§ MR. CULLINAN () Tipperary, S.I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that Mr. Ellis, Local Government auditor, has surcharged the Urban Council of Tipperary in sums of £37, £53, and £69 16s. 1d. in respect of a building contract and arrears of rates; that the councillors so surcharged took proceedings by certiorari to have them set aside; that the Court of King's Bench decided the auditor had no jurisdiction to make such surcharges; that he exceeded his duty in the matter, and set them aside; that the ratepayers are held to be liable not only for their own costs but the costs of the auditor as well; and whether, under the circumstances, the auditor being an official of the Local Government 630 Board, provision will be made to indemnify the ratepayers against the costs incurred in quashing these illegal surcharges.
§ MR. WYNDHAMThe facts are correctly stated. The persons aggrieved by the surcharges sought redress in the Court of King's Bench and did not appeal to the Local Government Board. The Court did not award the appellants their costs and they must abide by the decision of the Court. The Board has no power to remit the costs, as suggested.
§ MR. T. W. RUSSELL (Tyrone, S.)Do I understand the council did not appeal in the first case to the Local Government Board?
§ MR. WYNDHAMThat is so.
§ MR. MURPHY (Kerry, E.)Is the right hon. Gentleman aware that this auditor has been surcharging people all over Ireland?
§ [No answer was returned.]