A balance in a report of the auditors against an officer of the borough shall constitute a surcharge against the officer as fully as if expressly stated in the report to be a surcharge. The amount of a balance and of any express surcharge shall, if no appeal is taken or after an appeal has been finally determined in favor of the borough, be entered by the prothonotary as a judgment against the officer. The clerk of the court of common pleas shall certify the amount of every balance or surcharge contained in a report from which no appeal has been taken within the time provided under this chapter to the court of common pleas for entry by the prothonotary as a judgment. Any taxpayer of the borough may enforce the collection of the balance or surcharge for the benefit of the borough, by action or execution, upon filing in the court of common pleas a bond, in the sum of $1,000 with one or more sureties, conditioned to indemnify the borough from all costs of the proceedings undertaken by the taxpayer, subject to all rights of appeal from the report of auditors granted by this part. If a person has been or shall be surcharged for an illegal purchase and no fraud or collusion is shown and the surcharge is paid to the borough, the article purchased shall become the property of the person surcharged.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 8 - BOROUGHS AND INCORPORATED TOWNS
Chapter 10 - Powers and Duties of Elected Officials
Section 1002 - Oath of members of council
Section 1004 - Failure of council to organize
Section 1005 - Powers of council
Section 1006 - Duties of council
Section 1014 - Hearings before council; witnesses
Section 1015 - Witness fees and mileage
Section 1016 - Examination of witnesses; penalty
Section 1041 - Auditors to meet yearly and audit accounts
Section 1053 - Compensation of auditors
Section 1055 - Subpoenas, oath and perjury
Section 1058 - Pay of witnesses
Section 1059 - Auditors to settle accounts where witnesses do not appear
Section 1059.1 - Completion, filing and publication of auditor's report and financial statement
Section 1059.2 - Attorney to auditors
Section 1059.3 - Surcharge by auditors
Section 1059.4 - Appeals from audit
Section 1059.5 - Taxpayers appealing to enter bond
Section 1059.6 - Procedure on appeals
Section 1059.7 - Findings of fact and law, judgment and appeals
Section 1059.8 - Attorney fees
Section 1059.9 - Balances due to be entered as judgments
Section 1059.10 - Penalty for failure to comply with law
Section 1059.11 - General powers and duties of independent auditor
Section 1061 - Oath and bond of controller
Section 1062 - Salary of controller
Section 1063 - General powers and duties of controller
Section 1065 - Countersigned warrants
Section 1066 - Prevention of appropriation overdrafts
Section 1067 - Amount of contracts to be charged against appropriations
Section 1068 - Controller's recommendations on borough finances
Section 1069 - Books to be kept by controller
Section 1070 - Appeals from controller's report