Section 35: Negligence of usher
consolidated text (as at 2006, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
35. Negligence of usher
Where an usher who is employed to levy execution against goods and
chattels, by neglect or connivance, or omission, loses the opportunity of
levying any such execution, then upon complaint of the party aggrieved by
reason of such neglect, connivance or omission (the fact alleged being
proved to the satisfaction of the Magistrate on the oath of a credible witness), the Magistrate shall order such usher to pay such damages as it appears that the plaintiff has sustained thereby, not exceeding in any case the
sum of money for which the execution was issued, and the usher shall be
liable thereto, and, upon demand made and his refusal so to pay and satisfy
the same, payment shall be enforced by such ways and means as are provided in this Act.
PART IV – APPEAL
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Questions this section answers
- If a court usher's negligence causes me to lose out on collecting a debt, can I claim damages from the usher?