Section 20: Deposit of memorandum of charges
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
20. Deposit of memorandum of charges
(1) Within 30 days of the transcription of the memorandum of seizure,
the execution creditor shall deposit at the Master’s Office the memorandum
of charges (cahier des charges), which shall contain—
(a) a reference to—
(i) the title by virtue of which the seizure has been made;
(ii) the usher’s memorandum of seizure, including the return of
services; and
[Issue 1] S3 – 8
Revised Laws of Mauritius
(iii) any procedure, judgment or order which may have been
rendered or made in the course of the proceedings;
(b) the description of the property as specified in the memorandum
of seizure;
(c) the conditions under which the property is to be sold;
(d) a mise à prix on the part of the seizing creditor; and
(e) the transcription reference, and the date of the title deed in respect of the execution debtor.
(2) The Master shall, at the foot of the memorandum of charges, fix the
day for the reading of the memorandum, or for the sale of the property where
the property seized is a small property and is to be sold under sections 51
and 52.
[S. 20 amended by Act 23 of 1992.]
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Questions this section answers
- How soon after the seizure is registered must the creditor file the terms of sale?
- Who sets the conditions and starting price for the sale of my property?