Revised Laws of Saint Lucia (2023)

Notarial Repertories and Indexes – Section 5 (Statutory Instrument 5/1918)

Statutory Instrument 5/1918 .. in force 4 March 1918

Commencement [4 March 1918]

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   1.   Notaries shall have and keep in good order and in a proper state of preservation a repertory of all deeds passed by them whether en minute or en brevet in which they shall enter, consecutively, (a) the dates, (b) the numbers, (c) the nature of such deeds, (d) the names of the parties, (e) the indication of the property, its situation and price when the instrument relates to the ownership usufruct or enjoyment of immovables, (f) the amount of stamp duty paid in respect of the original of such deeds, (g) the number of the Treasury receipt therefor.

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   2.   When in any exceptional case a notary is satisfied on his or her professional honour that a deed is not intended to, and should not, be made public at the time, he or she may enter in the repertory only, (a) the date (b) the number (c) the nature of the document (d) the amount of stamp duty paid in respect of the original, (e) the number of the Treasury receipt therefor, omitting any or all of the other particulars, until the necessity for secrecy is past.

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   3.   A deed executed on more than one date is to be entered in the repertory as of the date of its first execution.

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   4.   Accessory instruments, executed at the end of the principal deed, may be entered in the repertory in order of date with the other minutes, by merely indicating the number of the principal deed after the entry of such accessory instruments.

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   5.   With the same care, notaries must make and preserve an index to the repertory.

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   6.   Notaries may keep a special repertory, with or without an index, as they choose, for notes and protests of bills of exchange and notes and other papers of a commercial nature.

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   7.   The deeds entered in such repertory shall bear a series of numbers different from those which are to be entered in the ordinary repertory and index.

Inspection and Verification of Notarial Repertories.

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   8.   Subject to the directions of the judge in case of refusal, notaries must on the written demand of the Director of Finance and Planning present their repertories to the Director of Finance and Planning in Castries or the Sub-Collector of their district for inspection and verification, and they must also allow inspection of their repertories, on demand, to the Director of Finance and Planning, or other public officer authorised in writing by the Director of Finance and Planning who presents himself or herself at their offices to verify them.

Returns by Notaries.

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   9.   Every notary must within the first 10 days of the months of January, April, July and October, deliver to the Director of Finance and Planning in Castries, or the Sub-Collector of his or her District—

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      (a)     a true and correct list of instruments made by him or her during the preceding quarter, showing the duty paid in respect of any such instruments;

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      (b)     a separate true and correct list of instruments on which he or she has paid stamp duty during the said preceding quarter, such instruments having been executed previous to such quarter.

Stamping of Instrument before a Notary Officiates thereon.

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   10.   A notary must not make an instrument in virtue of another instrument, or annex it to his or her minutes, or receive it en depot, or deliver an extract or copy thereof, unless the other instrument has been previously duly stamped and the penalty, if any, paid in respect thereof.

Payment of Duty on Notarial Instruments.

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   11.   The stamp duty on every original notarial instrument shall be paid in cash and impressed at the Treasury in Castries or at any other office which the Governor General may direct by notice to be published in the Gazette.

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   12.   Where the original of an instrument is liable to stamp duty a notary must not deliver it en brevet or deliver a copy or extract thereof or therefrom or make any instrument thereon before such original is stamped despite the delay for such stamping has not expired, except in the case of ship notings or protests, a copy whereof is to go by a ship leaving before there has been any time or opportunity for stamping the original at the Treasury.

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   13.   When in any exceptional case a Notary is satisfied on his or her professional honour that the original of a notarial instrument is to be kept secret at the time, he or she may execute it on blank material impressed with the amount of duty chargeable on the instrument, when executed, and on paying such duty he or she shall state that it is for a secret deed so that the Treasury receipt number may be affixed on the blank material, and a statement in such Treasury receipt that it is in respect of a secret deed shall be a sufficient indication to comply with the requirements of rule 18.

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   14.   Except in the case of instruments to be kept secret as provided in these Rules, notarial originals must be stamped after and not before first execution.

Payment of Duty on Crop Privileges.

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   15.   The stamp duty on orders for privileges on crops shall be paid in cash and impressed at the Treasury in Castries.

Dispute as to Duty Payable or otherwise.

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   16.   In case of dispute as to the amount of duty payable, the Treasury Officer in Castries may refer to the Registrar of the Supreme Court, and out of Castries to the magistrate of the District, to assess the amount of duty.

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   17.   In the event of any dispute between the Director of Finance and Planning and a notary, respecting any return or information required of a notary as to stamp duty, the Director of Finance and Planning or the notary may refer it to the judge in chambers for decision, and the judge may give such directions, including directions for production and inspection of repertories as he or she may consider necessary.

Acknowledgment of Payment of Duty.

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   18.   The treasury officer shall give a receipt for the duty or penalty paid in respect of any blank material or of any instrument, whether notarial or otherwise, indicating concisely the nature of the instrument, the principal notary, if it is notarial, and the parties to it and the amount of duty or penalty paid in respect thereof, and stating its date, and if notarial, whether it is an original (and if so its number) or a copy, and he or she shall also affix the number of the Treasury receipt, impress the amount of the duty or penalty on the blank material or on the instrument and authenticate the same in the manner prescribed by the Director of Finance and Planning, taking care that the instrument is not made public.

Limitation as to number of Adhesive Stamps.

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   19.   An officer shall have power to fix or limit the number of adhesive stamps paid as fees of office to be placed on any instrument to be filed, or remain, of record in his or her office, or in any case where stamps are to be cancelled by an officer.

Power to Reject Adhesive Stamps.

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   20.   An officer shall have power to refuse to receive or act on any instrument the stamp on which, in his or her opinion, is not in a satisfactory condition, or is likely to give rise to audit difficulty.

Soiled Stamps Allowance.

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   21.   The value of any stamps which may be casually destroyed or spoiled may be allowed for by the Director of Finance and Planning subject to a deduction of 10% thereon, on proof, to the satisfaction of the Director of Finance and Planning, of such stamps having been destroyed or spoiled. However, a public officer is not liable for the value of any stamps casually destroyed or spoiled while in his or her custody.

Forms.

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   22.   The forms appended to these Rules with such variations as circumstances require, may be used and shall be sufficient for the purposes of these Rules.

APPENDIX OF FORMS