Section 92: Register of mortgages

92. Register of mortgages (1) Every Chief Executive shall keep a register at the office of a Municipal City Council, Municipal Town Council or District Council in respect of mortgages created for the purposes of section 89. (2) The Chief Executive shall, within 14 days of the creation of a mortgage, enter in the register— (a) the number and date of the mortgage; (b) the names and descriptions of the parties to it; (c) the amount borrowed, as stated in the deed; and (d) such further information as the Municipal City Council, Municipal Town Council or District Council may require. [Issue 4] L18 – 56 Revised Laws of Mauritius (3) On production to the Chief Executive of the deed of mortgage, and— (a) a duly executed deed of transfer of the mortgage; (b) on the death of a person solely entitled to it or of the survivor of persons jointly entitled to it, of satisfactory evidence establishing who are the heirs or parties entitled to apprehend the estate and succession of the deceased; or (c) in the case of a transmission of a mortgage otherwise than as specified in paragraphs (a) and (b), of satisfactory evidence of the transmission, the Chief Executive shall, on payment of any sum fixed by the Municipal City Council, Municipal Town Council or District Council, enter in the register— (i) the date of the transfer or transmission; and (ii) the name and description of the person becoming entitled to the mortgage. (4) Any change of name or address on the part of a person entitled to a mortgage shall forthwith be notified to the Chief Executive who, on being satisfied of the change, shall alter the register accordingly. (5) The register shall, during office hours, be open to public inspection, free of charge. (6) The Chief Executive, or any person having the custody of the register, who— (a) refuses inspection of the register to any person; or (b) refuses or wilfully neglects to make any entry in the register, shall commit an offence.