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CHAPTER 37 - SHERIFFS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Establishment of Bailiwicks

Sheriffs’ Fees and Allowances Order

ESTABLISHMENT OF BAILIWICKS

[Section 6]

[Notice by the Sheriff]

GN 191 of 1963.

The Sheriff hereby specifies the areas set out in the first column of the Schedule to be bailiwicks designated by the respective names set out in the second column of the Schedule, and hereby defines the limits of the said bailiwicks as conterminous with the limits of the administrative district or districts comprising the areas set out in the first column of the Schedule.

SCHEDULE

Area of bailiwick 

Designation of bailiwick 

The Chingola District and the Chilila-bombwe District 

The Chingola bailiwick 

The Kabwe Urban District and the Kabwe Rural District 

The Kabwe bailiwick 

The Kitwe District and the Kalulushi District 

The Kitwe bailiwick 

The Ndola Urban District and the Ndola Rural District 

The Ndola bailiwick 

Each other administrative district 

The designation of that district

SHERIFF’S FEES AND ALLOWANCES ORDER

[Section 16]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Fees and allowance

   3.   Directions of court necessary in certain circumstances

      SCHEDULE

[Order by the Chief Justice]

{mprestriction ids="2,3,5"}

Act 13 of 1994,

SI 28 of 1972,

SI 236 of 1977,

SI 60 of 1978.

 

1. Title

This Order may be cited as the Sheriffs’ Fees and Allowances Order.

 

2. Fees and allowance

The fees and allowances payable to a Sheriff or to any officer of the Sheriff concerned in the service of any writ or the execution of any process shall be as set out in the Schedule.

 

3. Directions of court necessary in certain circumstances

When the Sheriff or any officer of the Sheriff concerned in the service of any writ or the execution of any process cannot reasonably be expected to effect the service and thereafter return to his office within a period of twelve hours, the fees and allowances fixed by this Order shall not be payable unless the court has, on the application of the party on whose behalf the service is to be effected, given necessary directions as to the manner in which the service shall be effected.

SCHEDULE

[Paragraph 2]

FEES AND ALLOWANCES PAYABLE TO SHERIFFS AND OFFICERS OF SHERIFFS

 

Fee units 

(1) For an arrest 

13 

(2) For a seizure 

13 

(3) For travelling allowance to effect an arrest or a seizure, per kilometer 

13 

(4) For a man or, when necessary, men in possession, the sum actually and reasonably paid. 

 

(5) For the removal of goods or animals to a place of safe-keeping when necessary and for warehousing or taking charge of the same when removed, the sum actually and reasonably paid. 

 

(6) For advertising and giving publicity to a sale, printing catalogues, bills and notices and distributing and posting the same, the sum actually and reasonably paid. 

 

(7) On a sale under writ or warrant, 5 per centum of the amount realised or of the amount due under the writ or warrant, whichever is the less. 

 

(8) For commission to the auctioneer on a sale, to include inventory and valuation, compiling catalogue and preparing for sale, 10 per centum of the amount realised or of the amount due under the writ or warrant, whichever is the less. 

 

(9) Where execution is withdrawn, satisfied or stopped after seizure but before sale, 21/2 per centum of the amount due under the writ or warrant. 

 

(10) For commission to the auctioneer where execution is withdrawn, satisfied or stopped after he has been instructed to sell, to include inventory, valuation, compiling catalogue and preparing for sale, 5 per centum of the amount due under the writ or warrant. 

 

(11) For service (other than by registered post or advertisement), of any writ or other process of the court— 

 

A. Not more than 4.83 kilometres from the office of the serving officer 

6 

B. More than 4.83 kilometres from such office— 

 

   (a)   fee 

 

   (b)   actual out of pocket expenses (other than sustenance), which may include— 

6 

      (i)   railway fares; 

 

      (ii)   use of a pedal cycle, at the rate of one fee unit per kilometre; 

 

      (iii)   use of an auto-cycle, moped or motor cycle, at the rate of one fee unit per kilometre, calculated in total to the nearest unit above a fraction; 

 

      (iv)   use of a motor vehicle (other than an auto-cycle, moped or motor cycle), at the rate of one fee unit per kilometre; 

 

      (v)   use or hire of boats or canoes, at the current local rate; 

 

   (c)    a sustenance allowance at the rate of ten fee units for the first twelve hours and ten fee units for each successive complete period of twelve hours and ten fee units for any incomplete period of twelve hours thereafter, during which the serving officer is employed in the service of a particular process. 

 

(12) In any case where a court has directed that service shall be effected by registered letter or advertisement, the provisions herein as to fees, expenses and allowances shall not apply and the cost of advertisement shall be allowable by the party paying the same. 

 

[Am by Act 236 of 1977; 13 of 1994.]

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