Insolvency Act, 1936 (Act No. 24 of 1936)

Schedules

Second Schedule

Tariff A
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Second Schedule

 

TARIFF A

 

DEPUTY SHERIFF’S FEES (SECTION 19(5))

 

R

1.

For each separate attachment of movable property

30,00

2.

For the attachment of moneys, 2,5 per cent of the amount attached.

10,00

3.

For any abortive attempt at attachment, including one hour's search and enquiry

10,00

4.

For making an inventory and the list of books and records referred to in section 19(1)(d) of the Act, including all necessary copies and time spent in stocktaking, per hour or part thereof

20,00

5.

For assistance, where necessary in the opinion of the Master, in taking inventory, a reasonable and inclusive fee not exceeding, per day or part thereof

20,00

6.

For notice of attachment of movable property, if necessary, to a single person

2,50

7.

For identical notices when there is more than one person to be given notice, for each after the first

1,50

8.

For each separate possession (as defined in the rules for the construction of this tariff), a fee which is reasonable in the opinion of the Master, not exceeding, per day or part thereof

25,00

9.

For an additional officer, where necessary, limited to one, per day or part thereof

15,00

10.

When no officer is left in possession, but movable property attached remains under supervision of the deputy sheriff, per day or part thereof

0,50

11.

For removal and storage: The necessary costs thereof.

12.

For insuring movable property attached when it is considered necessary by the deputy sheriff, in addition to the amount of the premium paid, an inclusive fee of

5,00

13.

For the herding and tending of livestock: The necessary costs thereof.

 

14.

Travelling allowance, per kilometre or fraction thereof

0,70

15.

For each necessary letter

3,00

16.

For any work necessarily done by or on behalf of the deputy sheriff in performing the duties under section 19 of the Act, for which no provision is made in this tariff: An amount to be determined by the Master.


 

RULES FOR THE CONSTRUCTION OF THE TARIFF AND THE GUIDANCE OF THE DEPUTY-SHERIFF

 

In the Tariff "possession" means the continuous and necessary presence on the premises in question for the period in respect of which possession is charged of a person employed and paid by the deputy-sheriff for the sole purpose of retaining possession.

 

When a charge is made for possession of any property, no charge shall be allowed for herding and tending of livestock if one and the same person could render both services.

 

If there are more ways than one of doing any particular act, the least expensive way shall be adopted unless there is some reasonable objection thereto.

 

No travelling allowance shall be charged unless it was necessary for the deputy-sheriff to go beyond a distance of one kilometre from his office; but when any such allowance is payable, it shall be paid for the actual distance travelled in going from and returning to the office.

 

No charge shall be made for the cost of any transport, railway fare, etc., in addition to a charge for travelling allowance.

 

If more services than one can be performed on the same journey, the distance to the first place of service may be brought into account only once, and shall be apportioned equally to the respective services; and the distance from the first place of service to the next place of service shall similarly be apportioned equally to the remaining services, and so forth.

 

If the execution of a judgment has been stayed by publication of notice of surrender or by sequestration after an inventory has been made, for the purpose of the execution, no charge shall be made for a second inventory of the same goods. The deputy-sheriff's fees for making the inventory shall be charged to the insolvent estate in question, according to the tariff, and not to the execution creditor, unless the estate is unable to pay those fees.

 

The deputy-sheriff may pay rent, if necessary for premises required for the storage of goods attached, for a period of one month or such longer period as the Master shall authorise.

 

Every question arising under or relative to the tariff shall be determined by the Master.