Section II Proof by writing
§ 1. Authentic Writing
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1138. The following writings executed or attested with the requisite formalities by a public officer having authority to execute or attest the same in the place where he or she acts, are authentic and prove their contents without any evidence of the signature or seal upon them, or of the official character of such officer, that is to say:
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Copies purporting to be printed by the duly authorised printer, of the acts of the Imperial Parliament, of the Orders in Council of the reigning or any former Sovereign, and any copies so printed of the ordinances of Saint Lucia.
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Letters-patent, commissions, proclamations, and other instruments issued by the reigning or any former Sovereign or by the Governor General.
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Official announcements in the London Gazette or official Gazette of Saint Lucia.
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The records, registers, journals and public documents of the several departments of the executive government and of the House of Assembly.
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The records and registers of courts of justice and of judicial proceedings in Saint Lucia.
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All books and registers of a public character required by law to be kept by official persons.
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The books, registers, by-laws, records and other documents and papers of corporations of a public character in Saint Lucia.
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Official copies and extracts of and from the books and writings above mentioned, certificates, and all other writings executed or attested in Saint Lucia, which are included within the legal intendment of this article although not enumerated.
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A notarial act or instrument done by or executed before a British diplomatic or consular officer exercising his or her functions in any place outside Saint Lucia.
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Official copies and extracts of and from such acts or instruments certified to be true by the officer having the legal custody of the original.
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(Amended by Act 23 of 1916)
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1139. A notarial instrument other than a will is authentic if signed by all the parties, though executed before only one notary.
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If the parties or any of them be unable to sign, it is necessary to the authenticity of the instrument that it be executed by one notary, in the actual presence of another subscribing notary, or of a subscribing witness. No notary employed shall be related to either party within the degree of cousin-german.
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The witnesses must be not less than 21 years of age, of sound mind, not related to either of the parties within the degree of cousin-german, without interest in the instrument, and not deemed infamous by law. Aliens may act as such witnesses.
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This article is subject to the provisions contained in the next following article and to those relating to wills. (Amended by Act 34 of 1956)
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1140. Notifications, protests and services may be made by one notary, at the request of a party, and with or without his or her presence or signature.
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Such instruments are authentic until impugned.
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But nothing inserted in any such instrument as the answer of the party upon whom it is served is proof against him or her, unless signed by him or her.
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1141. An authentic writing is complete proof between the parties to it and their heirs and legal representatives:
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1. Of the obligation expressed in it;
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2. Of what is expressed in it by way of recital, if the recital have a direct reference to the obligation or to the subject of the instrument. If the recital be foreign to such obligation and to the subject of the instrument, it can serve only as a commencement of proof.
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1142. An authentic writing may be impugned and set aside as false in whole or in part, upon an improbation in the manner provided in the Code of Civil Procedure and in no other manner.
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1143. A counter-letter with respect to any writing has effect only between the parties to it. It is not evidence against third persons.
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1144. An act of recognition is not evidence of the primordial title, unless the substance of the title is specially set forth in it.
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Whatever the recognition contains over and above the primordial title, or different from it, is not evidence against it and does not qualify it.
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1145. The ratification of an obligation which is voidable is not evidence of the obligation unless it expresses the substance of the obligation, the cause of its being voidable, and the intention to waive the nullity.
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1146. The Judge has a discretion as to the manner of proof of laws other than those of the Imperial Parliament and of Saint Lucia.
§ 2. Copies of Authentic Writings
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1147. Copies of notarial instruments, certified to be true copies of the original, by the notary or other public officer, who has the legal custody of the original, are authentic and prove the contents of the original.
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1148. An extract duly certified and delivered by a notary or by the Registrar, from the original of an authentic instrument lawfully in his or her custody is authentic, and proves the contents of the original; provided such extract contains the date, place of execution, and nature of the instrument, the names and description of the parties to it, the name of the notary before whom it was executed, the clauses or parts of clauses extracted at full length, and that mention be made on the paper containing the extract of the noting upon the original, the fact of the extract having been made, and the date on which it was made.
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1149. When the original of any notarial instrument has been lost by unforeseen accident, a copy of an authentic copy thereof proves the contents of the original, provided that such copy be attested by the notary or other public officer with whom the authentic copy has been deposited by judicial authority for the purpose of granting copies thereof, as provided in the Code of Civil Procedure.
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1150. Copies of notarial instruments and of extracts therefrom, of all authentic documents, whether judicial or not, of papers of record, and of all documents and instruments in writing, even those under private signature, or executed before witnesses, lawfully registered at full length, when such copies bear the certificate of the Registrar, prove the contents of such documents, if the originals have been destroyed by fire or other accident, or otherwise lost.
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1151. The copy certified as in the preceding article also proves its contents, if the original document cannot be produced from being in the possession of an adverse party or of a third party, without collusion on the part of the person who relies upon it.
§ 3. Certain Writings Executed out of Saint Lucia
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1152. The certificate of any British or foreign executive government, and the original documents and copies of documents hereinafter enumerated, executed out of Saint Lucia, are prima facie evidence of the contents thereof, without any proof of the seal or signature upon them, or of the authority of the officer granting the same, namely:
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1. A copy of any judgment or other judicial proceeding of any Court out of Saint Lucia, under the seal of such Court, or under the signature of the officer having the legal custody of the record of such judgment or other judicial proceeding;
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2. A copy certified by the Registrar of the Supreme Court of any will, probate, letters of administration, or like instrument, executed outside Saint Lucia and recorded in his or her office;
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3. A copy certified by the public officer, in whose custody the original is kept of any instrument, executed out of Saint Lucia in any part of the world where by law the original remains in the custody of a public officer;
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4. A certificate of marriage, baptism, birth, or burial of a person married, baptised, born, or buried out of Saint Lucia, under the hand of the clergyman or public officer who officiated, and extracts from a register of any such marriage, baptism, birth, or burial, certified by the clergyman or public officer having the legal custody of the register;
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5. Notarial copies of any power of attorney executed out of Saint Lucia, in the presence of one or more witnesses, and authenticated before the mayor of the place or other public officer of the country where it bears date, the original whereof is deposited with the notary public in Saint Lucia granting the copy;
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6. The copy taken by the Registrar of any power of attorney executed out of Saint Lucia in the presence of one or more witnesses and authenticated before a mayor or any other public officer of the country where it bears date, such copy being taken in a cause wherein the original is produced by a witness who refuses to part with it, and being certified and deposited in the same cause;
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7. Notarial copies of any power of attorney, executed out of Saint Lucia, in the presence of and authenticated by the mayor of the place or other public officer of the country where it bears date, the original whereof is deposited with the notary in Saint Lucia granting the copy.
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In this article “officer” or “public officer” includes a Judge or Registrar of a Court of record, a Magistrate, a notary public, a British diplomatic or consular officer, or any other officer exercising his functions in any place outside Saint Lucia whose authentication the Judge or Registrar considers sufficient.
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Provided that the Registrar may require proof of authentication of any Power of Attorney executed out of the State which proof may be evidenced in one of the following ways:
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(a) authentication of the signature of the Notary or other public officer by the Official Seal of the Court to which he or she is attached;
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(b) the Official Seal of the Supreme Court of the country where the Instrument was executed; or
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(c) by the certificate of a British Diplomatic or Consular Officer.” (Substituted by Act 12 of 1991)
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The Copies, probates, certificates, or extracts, and the original powers of attorney mentioned in this article, are held to be genuine unless impugned, and the onus of proof lies upon the party impugning them. The manner of impugning these documents is set forth in the Code of Civil Procedure.
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(Amended by Act 23 of 1916)
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1152A. For the purpose of this article unless the context otherwise requires,—
“British court in a foreign country” means any British court having jurisdiction out of Her Majesty's dominions in pursuance of an Order in Council, whether made under any Act or otherwise;
“Court of probate” means any court or authority, by whatever name designated, having jurisdiction in matters of probate;
“Her Majesty's dominions” includes any British protectorate or protected state and any territory in respect of which a mandate on behalf of the League of Nations has been accepted by Her Majesty;
“Probate” and “Letters of Administration” include confirmation in Scotland, and any instrument having in any other part of Her Majesty's dominions the same effect which under English law or the law of Saint Lucia of Saint Lucia is given to probate and letters of administration respectively, and any similar instrument having the same effect granted by a foreign court or other competent authority in any place not within Her Majesty's dominions;
“Probate duty” includes any duty payable on the value of the estate and effects for which probate or letters of administration is or are granted.
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Where a Court of Probate, in any part of Her Majesty's dominions, or a British Court in a foreign country, has, either before or after the passing of this article, granted probate or letters of administration in respect of the estate of a deceased; person, the probate or letters so granted may, on being produced to, and a copy thereof deposited with, the Registrar of the Supreme Court, be sealed with the seal of that Court, and on being registered in the Registry of Deeds shall there-upon be of like force and effect, and have the same operation in Saint Lucia as if granted by the Supreme Court.
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For the purpose of this article the duplicate of any probate, letters of administration or other similar instrument, sealed with the seal of the Court or other competent authority granting the same, or a copy thereof certified as correct by or under the authority of the Court or other competent authority granting the same, shall have the same effect as the original.
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In the case of probates, letters of administration or other similar instruments granted by a foreign Court or other competent authority in any place not within Her Majesty's dominions, a similar procedure may be followed and with the like effect. But in such case the due and proper authentication of any such probate or other instrument must in addition be proved by the certificate under the seal of a British diplomatic or consular officer exercising his functions in such place.
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If any probate, letters or other like instrument mentioned in this article, or any will or other instrument thereto annexed, is not in the English or French language, a certified translation thereof into the English language authenticated by a person or authority competent under the provisions of this article to authenticate the instrument translated, or such other translation as the Judge or Registrar may consider sufficient and satisfactory, must also be produced and deposited in the Supreme Court.
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An instrument authenticated in accordance with the provisions of this article is admissible as presumptive proof of the death of the deceased, and may before sealing in Saint Lucia be used for succession duty purposes.
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The Court shall, before sealing a probate or letters of administration granted by a Court of probate in any part of Her Majesty's dominions, or by a British Court in a foreign country, or a probate, or letters of administration or other similar instruments granted by a foreign Court or other competent authority in any place not within Her Majesty's dominions, be satisfied:
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(a) that probate duty if leviable by any law for the time being in force has been paid or provided for in respect of so much, if any, of the estate as is liable to probate duty in Saint Lucia; and
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(b) that the requirements of the Succession Duty Ordinance, in respect of any property within Saint Lucia passing on the death of the deceased, have been complied with.
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The Court may also, if it thinks fit, on the application of any creditor, require, before sealing, that adequate security be given for the payment of debts due from the estate to creditors residing in Saint Lucia. (Added by Act of 23 of 1916)
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1152B. Want of a seal is not of itself to invalidate any instrument mentioned in articles 1152 and 1152A, if the authenticating person or authority certifies that such person or authority has no seal, or if the Judge or Registrar is satisfied as to its authentication otherwise. (Added by Act of 23 of 1916)
§ 4. Private Writings
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1153. A writing which is not authentic by reason of any defect of form, or of the incompetency of the officer, has effect as a private writing, if it have been signed by all the parties; except in the case mentioned in article 831.
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1154. Private writings acknowledged by the party against whom they are set up, or legally held to be acknowledged or proved, have the same effect as evidence between the parties thereto, and between their heirs and legal representatives, as authentic writings.
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1155. If the party against whom a private writing is set up do not formally deny his writing or signature in the manner provided in the Code of Civil Procedure, it is held to be acknowledged. His heirs or legal representatives are only obliged to declare that they do not know his writing or signature.
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1156. In the case of formal denial by a party of his or her writing or signature, or in the case of a declaration by his or her heirs or legal representatives that they do not know it, proof must be made in the manner provided in the Code of Civil Procedure.
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1157. Private writings have no date against third persons but from the time of their registration in the book kept for that purpose by the Registrar, or from the death of one of the subscribing parties or witnesses, or from the day that the substance of the writing has been set forth in an authentic instrument.
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The date may nevertheless be proved.
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1158. The rule of the last preceding article does not apply to writings of a commercial nature. Such writings, in the absence of proof to the contrary, are presumed to have been made on the day of their date.
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1159. Family registers and papers are not evidence in favour of him or her by whom they are written. They are evidence against him or her:—
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1. In all cases in which they formally declare a payment received;
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2. When they purport expressly to be made to supply a defect of title to a person in whose favour an obligation is declared to exist.
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1160. What is written by the creditor on the back or upon any other part of the title which has always remained in his or her possession, though the writing be neither signed nor dated, is proof against him or her when it tends to establish the discharge of the debtor.
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In like manner what is written by the creditor on the back or upon any other part of the duplicate of a title or of a receipt is proof, provided such duplicate be in the hands of the debtor.