Section 7: Furnishing security by mortgage
consolidated text (as at 1992). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
7. Furnishing security by mortgage
Where a public officer is required or allowed by law to furnish security by
mortgage on an immovable property for the due discharge of his functions—
(a) an application shall be made, by or on behalf of the public officer
furnishing security, to a Judge in Chambers, for an order approving the security tendered and authorising the Master and Registrar to receive the security;
(b) before deciding on the application, the Judge in Chambers shall
refer it to the Ministère Public for conclusions;
(c) on receiving the conclusions of the Ministère Public, the Judge in
Chambers may make an order accepting the security tendered
and authorising the Master and Registrar to receive the security
so accepted in the manner provided in paragraphs (d) and (e);
(d) notwithstanding article 2177 of the Code Civil Mauricien, the
security shall be given by a bond, with a mortgage on the immovable property approved by the Judge, in the form set out in
the Third Schedule, and not by notarial deed;
(e) the security bond shall be drawn up by the Master and Registrar
and transmitted forthwith to the Conservator of Mortgages who
shall take the inscription in virtue of the approved bond on the
immovable property.