Section 26: District Court Court Ushers

26. District Court Court Ushers (1) Every applicant, requiring any extrajudicial process to be served by a Court Usher attached to a District Court shall, except where the Magistrate otherwise orders, not later than 48 hours before the time at which the service is to be effected, apply to the District Clerk of the Court to which the Court Usher is attached, and shall at the same time hand over to that District Clerk any document that may be needed by the Court Usher for effecting the required service. (2) (a) The District Clerk shall thereupon make an entry in a special register to be kept by him for that purpose in a form to be prescribed, noting the C53 – 5 [Issue 4] Court Ushers Act name and address of the applicant, the date and time at which the application and the relevant documents are received by him, the number and description of the documents received, and the name of the Court Usher who is to effect the required service. (b) Where the number of Court Ushers attached to a District Court exceeds one, the Court Usher to be appointed for the purpose of effecting the required service shall be selected by the District Clerk in the manner prescribed. (3) The District Clerk shall thereupon notify the Court Usher of his appointment in the manner prescribed. (4) Every Court Usher so appointed shall, on receipt of the notification, collect from the District Clerk any documents handed over by the applicant and shall, in an appropriate column of the register, note the date and time at which the documents are collected by him and affix his signature opposite the entry to which the documents relate. (5) (a) No application shall be entertained by the District Clerk unless, at the time of the application, the applicant deposits as well such sum in cash as may in the discretion of the District Clerk be considered sufficient to cover the costs of the required service, including the cost of travelling by the Court Usher. (b) The District Clerk shall, after 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. (6) (a) Any applicant who refuses or fails to pay any sum claimed as provided in subsection (5) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 1,000 rupees. (b) Any amount claimed under subsection (6) may further be recovered in accordance with the provisions of the Recovery of State Debts Act. (7) A Court Usher who contravenes this section shall be liable to disciplinary proceedings. (8) 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. 26 amended by Act 48 of 1991; Act 20 of 1993.]