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73.   Rules as to certificate of mortgage

Revised Laws of Saint Lucia (2021)

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73.   Rules as to certificate of mortgage

The following rules shall be observed as to certificates of mortgage—

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    (a)     the power shall be exercised in conformity with the directions contained in the certificates;

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    (b)     every mortgage executed thereunder shall be registered by the endorsement of a record thereof on the certificate by the proper officer at the place at which the mortgage is executed;

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    (c)     a mortgage executed in good faith thereunder shall not be impeached by reason of the person by whom the power was given dying at any time between the giving of the power and the execution of the mortgage;

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    (d)     whenever the certificate contains a specification of the place at which, and a limit of time not exceeding 12 months within which, the power is to be exercised, a mortgage executed in good faith to a mortgagee without notice shall not be impeached by reason of the bankruptcy of the person by whom the power was given;

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    (e)     every mortgage which is so registered as aforesaid on the certificate shall have priority over all mortgages of the same ship or share created subsequently to the date of the entry of the certificate in the register book; and where there are more mortgages than one so registered, the respective mortgagees claiming thereunder shall, despite any express, implied or constructive notice, be entitled one before the other according to the date and time that each mortgage is registered on the certificate, and not according to the date of the mortgage;

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    (f)     subject to the foregoing rules, every mortgagee whose mortgage is registered on the certificate shall have the same rights and powers, and be subject to the same liabilities, as he or she would have had and been subject to, if his or her mortgage had been registered in the register book instead of on the certificate;

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    (g)     the discharge of any mortgage so registered on the certificate may be endorsed on the certificate by the Registrar of Ships or proper officer on the production of such evidence as is, by this Act required to be produced to the Registrar of Ships for the entry of the discharge of a mortgage in the register book; and, on that endorsement being made the interest, if any, which passed to the mortgagee shall vest in the same person or persons in whom it would, having regard to the intervening acts and circumstances, if any, have vested if the mortgage had not been made;

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    (h)     on the delivery of any certificate of mortgage to the Registrar of Ships by whom it was granted, the Registrar shall, after recording in the register book, in such manner as to preserve its priority, any unsatisfied mortgage registered thereon, cancel the certificate and enter the fact of the cancellation in the register book; and every certificate so cancelled shall be void.

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