2017. A memorial for registration is a summary description of the real rights which the party interested wishes to preserve. The memorial is delivered to the Registrar and transcribed upon the register.
2018. The memorial must be in writing and may be made at the request of any party interested in or bound to effect the registration, and must be attested by 2 subscribing witnesses.
The party requiring the memorial must subscribe his or her name to it, and if he or she cannot write, his or her name may be subscribed by another person, provided it be accompanied by the ordinary mark of such party made in the presence of the attesting witnesses.
The memorial may be made on behalf of the Crown by the Treasurer or other officer of the Crown in whose hands the document is, and it must state the name, office and domicile of the person by whom it is made.
2019. When there are more writings than one to complete the rights of the person requiring registration, they may be all included in one memorial without its being necessary to insert more than once therein the description of the parties or of the immovables or other property.
2020. The memorial must set forth:
1. The date of the title and the name of the place where it was executed;
If it be a notarial act, the name of the notary who keeps the original thereof, or the name of the notaries or of the notary and witnesses who signed it, if the original have been delivered; if it be a private writing the names of the subscribing witnesses; if it be a judgment or other judicial act, it must designate the Court;
2. The nature of the title;
3. The description of the creditors and debtors and other parties thereto;
4. The description of the property subject to the right claimed, and that of the party requiring registration;
5. The nature of the right claimed, and, if it be a claim for money, the amount due, the rate of interest, and the taxed costs if there be any.
If the rate of interest be not specified, the registration does not preserve the right to interest beyond the legal rate.
2021. The memorial is delivered to the Registrar together with the title or document, or a notarial copy of the title, and must be acknowledged by all or one of the parties to it, or be proved by the oath of one of the subscribing witnesses.
2022. When the memorial is executed in Saint Lucia, it may be proved by the affidavit of one of the witnesses, sworn to before the Judge, Registrar, or commissioner.
2023. When it is executed in any other British possession, it may be proved therein by an affidavit sworn before a Judge or the mayor of any municipality.
2024. If it be executed in a foreign country, the affidavit may be sworn to before any minister, or chargé d'affaires, or consul or vice consul of Her Majesty, or commissioner for receiving affidavits in such foreign state.
2025. When any memorial of a title is presented for registration, the Registrar is bound to endorse upon such title the words “registered by memorial”, mentioning the day, the hour and time at which such memorial is entered, and also in what book and under what number the same is entered and registered; and he or she must sign such certificate.
The memorial remains among the records of the Registry office and forms part thereof. (Substituted by Act 10 of 1904)
2026. Every claim or memorial for the preservation of interest or of arrears of rent must specify the amount thereof and the title under which they are due, and be accompanied by the affidavit of the creditor that such amount is due.
2027. The provisions of this section, in the absence of special provision to the contrary, apply to any documents or titles which do not affect immovables, but the registration of which is required by some special law.