Section 37: Fees chargeable by a notary

37. Fees chargeable by a notary (1) (a) Subject to this section, the fees for a deed drawn up by a notary or a copy of any such deed or for any other service rendered by a notary shall be those specified in the Schedule. (b) Nothing in paragraph (a) shall prevent a notary from charging a fee for giving advice or providing any other service not specified in the Schedule to a client. (2) A notary may, with the consent of the Chamber, claim a fee which is lower than the fee specified in the Schedule. [Issue 3] N37 – 16 Revised Laws of Mauritius (3) Where a notary has drawn up a deed and a party to the deed, on account of some change in the conditions or other cause, will not sign the deed, the notary shall be allowed half the fee he would have been entitled to, had it been signed. (4) Every notary shall give a receipt for any sum which he may have received for any fees, attendance, disbursements or travelling expenses, on which shall be clearly indicated the reason for receiving the amount and the sum received in respect of each item. (5) (a) Where any dispute arises concerning the fees and expenses of a notary, the matter shall be referred to the Chamber for advice and then to the Master and Registrar who, in the presence of the parties or in their absence after being duly summoned to appear, shall tax the fees and expenses. (b) Where any of the parties is dissatisfied with the taxation, he may appeal to the Supreme Court in such manner as may be prescribed. (6) Where on the taxation of any bill of fees, more than half of the amount is disallowed, the notary shall not be allowed the costs of attending the taxation. (7) A notary may obtain, on application to a Judge, a writ of execution to enforce payment of his fees and disbursements on his bills which have been taxed. (8) All sums advanced for stamps, registration dues, necessary disbursements, travelling and other expenses may, in addition, be claimed. (9) A notary’s right of action to recover fees or costs due to him shall be barred after 7 years. PART VII – MISCELLANEOUS