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72.   Agents and persons under disability

Revised Laws of Saint Lucia (2022)

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72.   Agents and persons under disability

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    (1)   Except as provided in subsection (3) an instrument executed by any person as agent for any other person for sale or hypothecation of any land shall not be accepted by the Registrar unless the person executing it was authorised in that behalf by a power of attorney executed in accordance with the Civil Code. (Amended by Act 16 of 1989)

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    (2)   The original of such power of attorney, or a notarial copy thereof shall be filed.

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    (3)   Where any person who, if not under a disability, might have made any application, done any act or been a party to any proceeding under this Act or under any rules made thereunder is a minor, a person of unsound mind or a person under any other disability, the curator or tutor of such person, or if there is no such curator or tutor a person appointed under some written law to represent that person, may make any application, do any act and be party to any proceeding on behalf of that person, and shall generally represent that person for the purpose of this Act.

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    (4)   Before accepting any document executed by a curator or tutor or a person so appointed to represent a person under a disability, the Registrar shall satisfy himself or herself that the person claiming to be the curator or tutor or person otherwise appointed to represent the person under disability is entitled to execute the document or require the production of the appointment of the person so appointed, and shall file a note of the explanation which satisfied him or her or a copy of the appointment, as the case may be.

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