Section 204: Constitution of limitation fund
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
204. Constitution of limitation fund
(1) Any person alleged to be liable and seeking to limit his liability under
this Part may constitute a fund by depositing in the Registry of the Supreme
Court an amount at least equivalent to the limit provided for in section 197,
198, 199 or 201, as appropriate, or by producing a guarantee acceptable to
the Court, together with interest from the date of the occurrence giving rise
to the liability until the date of the constitution of the fund, and the fund so
constituted shall be available only for the payment of claims in respect of
which limitation of liability can be invoked.
(2) A fund constituted by a person referred to in section 203 (1) or his
insurer or by a person or his insurer in respect of section 203 (2), shall be
deemed to have been constituted by all the persons mentioned in section 203 (1) or all the persons in respect of section 203 (2), as the case may
be.
(3) The Court may determine the rate of interest to be applied for the
purposes of subsection (1).
(4) Where a fund is constituted under this section for the payment of
claims arising out of any occurrence, the Court may stay any proceedings
relating to any claim arising out of that occurrence which are pending against
the person by whom the fund has been constituted.
(5) Where a limitation fund is constituted in Mauritius, the rules relating
to its constitution and distribution, and the rules of procedure relating to it,
shall be governed by Mauritius law.