Section 4: Application

4. Application (1) Every application for the registration of an affidavit of prescription shall be in writing in the form set out in the First Schedule or in such other form as the Conservator may approve, with election of domicile in Port Louis, and shall be accompanied by— (a) the affidavit of prescription; and (b) a memorandum of survey drawn up by a land surveyor in accordance with the Cadastral Survey Act setting out the situation, description and exact boundaries of the immovable property forming the subject matter of the affidavit. (2) Notice of the application under subsection (4) shall be published once in the Gazette and on 3 consecutive days in 2 daily newspapers in Mauritius, of which one at least shall be approved by the Conservator. (3) The notice under subsection (2) shall be in the form set out in the Second Schedule. (4) Every application for the transcription of an affidavit of prescription shall be made in writing in the form set out in the Third Schedule, with election of domicile in Port Louis, and shall be accompanied by— (a) the duly registered affidavit of prescription; and A6 – 3 [Issue 7] Affidavits of Prescriptive Act (b) a memorandum of survey drawn up by a land surveyor in accordance with the Cadastral Survey Act, setting out the situation, description and exact boundaries of the immovable property forming the subject matter of the affidavit. [S. 4 amended by s. 2 of Act 17 of 2007 w.e.f. 22 August 2007; suspended by s. 3 (1) of Act 23 of 2012 w.e.f. 23 October 2012; s. 22 (1) of Act 22 of 2011 w.e.f. 1 July 2013; s. 2 (b) of Act 26 of 2013 w.e.f. 19 May 2014.]