Section 22: Supreme Court Court Ushers

22. Supreme Court Court Ushers (1) (a) Every attorney or other person, in this Act referred to as “the applicant”, requiring the services of a Court Usher attached to the Supreme Court, shall in the first instance, except where the Master and Registrar otherwise orders, not later than 48 hours before the time at which any act is required to be done by the Court Usher, call at the Court Ushers’ Office and cause the Court Usher in attendance to insert on the document needed for effecting the required service the amount which, in his opinion, is necessary to cover the costs of service including the costs of travelling. (b) The amount shall be duly deposited by the applicant with the Cashier of the Supreme Court. (2) On proof that the deposit mentioned in subsection (1) has been duly made, the Court Usher in attendance shall make an entry in a special register which shall be kept at the Court Usher’s Office in the prescribed form, noting the name and address of the applicant, the date and time at which the relevant documents are received by him and their number and description and the name of the Court Usher appointed to effect service under subsection (3). (3) (a) The Chief Court Usher shall, in accordance with such directions as may be given to him either generally or in any special case by the Master and Registrar regarding the distribution of business among Court Ushers, appoint a Court Usher to effect the required service and shall duly notify him of his appointment in the manner prescribed. (b) The Master and Registrar shall, after such costs have been incurred and, where necessary, taxed, refund to the applicant any amount deposited in excess of the actual costs, and shall likewise claim from the applicant any amount by which the actual costs have exceeded the amount deposited by the applicant. (4) (a) Any applicant refusing or failing to pay any sum claimed as provided in subsection (3) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 1,000 rupees. (b) Any amount claimed under subsection (3) may further be recovered in accordance with the Recovery of State Debts Act. (5) A Court Usher who contravenes this section shall be liable to disciplinary proceedings. (6) Any person who wilfully makes or causes to be made, or is privy to the making of, any falsification in any matter relating to the register kept under this section shall commit an offence and shall, on conviction, be liable to a fine not exceeding 1,000 rupees and to imprisonment for a term not exceeding 12 months. [S. 22 amended by Act 48 of 1991; Act 29 of 1992; Act 20 of 1993; s. 6 of Act 13 of 2006 w.e.f. 3 August 2006.] [Issue 1] C53 – 4 Revised Laws of Mauritius