Section 15 Accountant’s report conclusive against factor, if not objected to, and if objections, how to be disposed of.

The accountant’s audit and report shall be conclusive against the factor and his cautioner if written objections shall not be lodged by the factor with the accountant within twenty days from the date of such audit and report being communicated to the factor; but if objections be lodged, the accountant shall consider the same, and may alter his report if he sees cause; and unless the objections are allowed or departed from, the account and report and whole proceedings shall be transmitted by the accountant to the lord ordinary, who shall call the factor or his agent, and if necessary the accountant, before him at chambers in reference thereto, and the lord ordinary or the court, if the matter shall be reported or brought under review, may affirm, vary, or reverse the audit and report of the accountant, and may reserve any question or questions which are raised in the objections for the factor till the final audit of his accounts, directing the account to be balanced for the present, as the lord ordinary or the court may think expedient and just; and no judgment of the lord ordinary, pronounced as aforesaid, shall be subject to review at the instance of the accountant, nor, in case the lord ordinary shall reserve any question as aforesaid, shall it be competent to the factor to reclaim against such reservation; but in case the lord ordinary shall decide against the factor, he may bring the interlocutor under review of the court, by a short note of appeal from the lord ordinary’s judgment, and the judgment of the court shall not be subject to appeal at this stage nor till the termination of the factory, without the leave of the court; Provided always, with reference to such discussion between the accountant and the factor, that at the audit of the factor’s accounts, at the termination of his factory, it shall be competent to the factor and his representatives, or to any succeeding factor, or to any parties beneficially interested in the estate, to enter upon such matter of objection, if the same has been reserved, but if the same has been decided by the lord ordinary or the court, the decision shall not be opened up except upon cause shown; and the factor shall not be entitled to charge the expence of any such proceedings against the estate, without the special authority of the lord ordinary or the court.