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Section 12: Transcription of documents, inscription of mortgages, privileges and

Registration And Transcription Of Deeds And Inscription Of Mortgages, Privileges And Charges (Rodrigues) Act

consolidated text (as at 2000). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

12. Transcription of documents, inscription of mortgages, privileges and charges (1) Subject to subsections (2) and (3), any reference to the Conservator of Mortgages in— (a) Articles 2201 to 2201-7 of the Code Civil Mauricien; (b) the Transcription and Mortgage Act; (c) the Inscription of Privileges and Mortgages Act; and (d) the Affidavits of Prescription Act, shall be construed as a reference to the authorised officer who shall, accordingly, exercise the powers and duties of the Conservator of Mortgages under those enactments. (2) The fees, dues and charges payable under sections 60, 62 and 63 of the Transcription and Mortgage Act on a document shall not be payable. (3) Any reference to the expression “election of domicile in Port Louis” in sections 4 and 6 of the Affidavits of Prescription Act may be construed as a reference to “an election of domicile in Port Mathurin”. (4) For the purposes of section 4 (1) (b) of the Affidavits of Prescription Act, the Memorandum of Survey shall, at the request of the authorised officer, be drawn up by a Government Surveyor, subject to the payment by the person applying for the transcription of the affidavit of prescription of such fees as may be prescribed by the Minister to whom responsibility for the subject of land is assigned. (5) The authorised officer shall, notwithstanding anything to the contrary in section 4 (2) of the Affidavits of Prescription Act, cause the notice referred to in that subsection to be published once in the Gazette and in 3 consecutive issues of 2 newspapers in circulation in the Island of Rodrigues.

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