juris

Section 7: Furnishing security by mortgage

Public Officers' Security Act

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.

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