Magistrates' Courts Act, 1944 (Act No. 32 of 1944)Part I : CourtsChapter III : Officers of the Court14. Messengers of the court |
| (1) | [Section 14(1) repealed by section 64(1) of Act No. 90 of 1986] |
| (2) | [Section 14(1A) repealed by section 64(1) of Act No. 90 of 1986] |
(2) [Section 14(2) repealed by section 64(1) of Act No. 90 of 1986]
(3) [Section 14(3) repealed by section 64(1) of Act No. 90 of 1986]
(4) [Section 14(4) repealed by section 64(1) of Act No. 90 of 1986]
(5) [Section 14(5) repealed by section 64(1) of Act No. 90 of 1986]
(6) [Section 14(6) repealed by section 64(1) of Act No. 90 of 1986]
| (7) | A messenger receiving any process for service or execution from a practitioner or plaintiff by whom there is due and payable to the messenger any sum of money in respect of services performed more than three months previously in the execution of any duty of his office, and which notwithstanding request has not been paid, may refer such process to the magistrate of the court out of which the process was issued with particulars of the sum due and payable by the practitioner or plaintiff; and the magistrate may, if he is satisfied that a sum is due and payable by the practitioner or plaintiff to the messenger as aforesaid which notwithstanding request has not been paid, by writing under his hand authorize the messenger to refuse to serve or execute such process until the sum due and payable to the messenger has been paid. |
[Section 14(7) substituted by section 10(1)(c) of Act No. 40 of 1952]
| (8) | A magistrate granting any such authority shall forthwith transmit a copy thereof to the practitioner or plaintiff concerned and a messenger receiving any such authority shall forthwith return to the practitioner or plaintiff the process to which such authority refers with an intimation of his refusal to serve or execute the same and of the grounds for such refusal. |
[Section 14(8) amended by section 10(1)(c) of Act No. 40 of 1952]
| (9) | [Section 14(9) repealed by section 64(1) of Act No. 90 of 1986] |