Section 5: Certification of marks
consolidated text (as at 2001). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
5. Certification of marks
(1) Subject to subsections (2) and (3), where a party to a document under
private signatures, sous seing privé, is unable from ignorance or physical
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Revised Laws of Mauritius
incapacity, to sign his name, he may appear before the Island Chief Executive
and affix his cross or mark, in the presence of 2 witnesses, to the document
after it has been read over to him by the Island Chief Executive and the cross
or mark attested by the Island Chief Executive and the witnesses shall be held
to be equivalent to, and have the same legal effect as, the signature of the
party.
(2) A document under subsection (1) shall be held to be a document under
private signatures, “sous seing privé”, and shall be subject to all the other
formalities required by law for its validity.
(3) Where the document is written in a language which the Island Chief
Executive does not understand, he may have the document interpreted to
the party.
[S. 5 amended by s. 66 (4) of Act 39 of 2001 w.e.f. 28 January 2002.]