Section 73: Summary recovery of expenses

73. Summary recovery of expenses (1) Where any expense has been incurred by the syndic in conformity with this Act, the syndic may deposit with the District Magistrate of the district, a statement certified by the syndic to be correct, setting forth the expense incurred, the share of such expense payable by each riverain, and the names of the riverains who have failed to pay their shares after having been required in writing so to do. (2) Where such expense has been incurred in virtue of a resolution of a meeting of riverains, a copy, certified by the syndic, of the resolution shall also be deposited with the District Magistrate. (3) (a) On receipt of the documents, the District Magistrate shall grant an order declaring the list of shares of expense to be executive, whereupon a copy of the list and order shall be affixed for 14 days in such part of the District Court House as the District Magistrate may determine. (b) After the time specified in paragraph (a) a warrant of seizure shall be issued by the Magistrate against every person named in the list, who has not paid his share, or has not shown sufficient cause to the Magistrate why he should not pay the amount charged against him. (4) The warrant shall be placed by the Magistrate in the hands of an usher who shall execute it by seizure and sale in the same way as warrants issued by the District Magistrate on judgments for debt. [Issue 5] R25 – 18 Revised Laws of Mauritius 74. —