§ Mr. A. T. DAVIESasked the Minister of Health if when the Southwark Borough Council was surcharged in respect of a 1332W printing bill they applied for remission; and upon what grounds he granted same?
§ Mr. WHEATLEYAn appeal was made to my Department against the surcharge referred to, and I found that the surcharge was lawfully made. Under Section 4 of the Poor Law Audit Act, 1848, which is applied to the audit of the accounts of a Metropolitan Borough Council, it is provided that if it is found that a disallowance or surcharge has been lawfully made, but that the subject-matter thereof was incurred under such circumstances as make it fair and equitable that the disallowance or surcharge should be remitted, the Minister of Health may direct that the same shall be remitted. In this case I came to the conclusion that the expenditure was incurred in good faith, though under a mistaken view of the law, and I did not consider that the circumstances demanded that the councillors who were surcharged should be required personally to make good the amount. I therefore decided to exercise the power of remission in their favour.