PART FIRST
FORMS CONNECTED WITH THE CIVIL CODE
No. 1.
In connection with articles 1998, 2020
Memorial of the Appointment of a Tutor to Minors and for the Preservation of the legal or tacit Hypothec, Resulting from such Appointment
A memorial to be registered of the appointment of A.B. of, &c., (insert the place of abode and description of the tutor) to be tutor to C.D., E.F. &c., minors, which appointment was made by and under the authority of L.M. (insert the mane of the Judge or Registrar by whom the appointment has been made), at Castries, on the .............................. day of .............................. in the year of Our Lord ..............................: And the said appointment is hereby required to be registered, for the preservation of the mortgage resulting therefrom, on the real estate of the said A.B. (state the amount of, if it has been limited), by N.O. of, &c., (insert the name and description of the person requiring the registration). As witness my hand, this .............................. day of ..............................
Signed in the presence of
O.P.
R.S.
No. 2.
In connection with articles 2002, 2020
Memorial of a Judgment
A memorial to be registered of a judgment in the Supreme or District Court sitting at .............................., in the year of Our Lord .............................., between A.B., of .............................., &c., plaintiff, and C.D., of .............................., &c., defendant, for .............................. with interest from, &c., and costs taxed at ..............................; which said judgment was rendered on the .............................. day of the said month of .............................. and is hereby required to be registered by (the said A.B.) As witness my hand, this .............................. day of .............................. &c.
Signed in the presence of
J.F.
T.P.
No. 3.
In connection with article 2031
Certificate of Discharge from a Judgment which has been Registered
To the Registrar
I, A.B., of , &c., do hereby certify that C.D., of, &c., hath paid me the amount due
No. 4.
In connection with article 2031
A Certificate to Discharge a Mortgage
To the Registrar of
I, A.B,, of, &c., (the mortgagee in the deed or his or her heirs, executors, curators, or administrators), do hereby certify that C.D., of, &c., hath paid the amount due upon a deed or mortgage, bearing date the .............................. day of .............................. in the year of Our Lord made between the said C.D., of the one part; and me the said A.B. (or E.F., as the case may be), of the other part; which was registered on the .............................. day of .............................. in the year of Our Lord;
And I hereby require an entry of such payment to be made in the register wherein the same is registered, pursuant to law.
As witness my hand, this .............................. day of .............................. in the year of Our Lord, ..............................
A.B.
Signed in the presence of
O.P. of, &c.
R.S. of, &c.
No. 5.
In connection with article 2031
A Certificate to Discharge a Notarial Obligation, and extinguish the Hypothec thereby Constituted
To the Registrar of
I, A.B., of &c., (the hypothecary creditor, his or her heirs, executors, curators, or administrators), do hereby certify that C.D., of &c., hath paid the amount due upon a notarial obligation bearing date the .............................. day of .............................. in the year of Our Lord .............................., made by the said C.D., to me and in my favour, (or in favour of G.H. as the case may be) as the oblige therein named, before E.F., notary royal and witnesses (or before E.F. and another, notaries royal, as the case may be), which was registered on the .............................. day of .............................. in the year of Our Lord ..............................; And I do hereby require an entry of such payment to be made in the Register wherein the same is registered, pursuant to law. As witness my hand, this .............................. day of .............................. in the year of Our Lord.
A.B.
Signed in the presence of
J.K. of, etc.
L.M. of etc.
PART SECOND
FORMS CONNECTED WITH THE CIVIL PROCEDURE
No. 6.
In connection with article 85
Affidavit of the Plaintiff (or one of the Plaintiffs)
SAINT LUCIA
IN THE SUPREME COURT
A.B.
Plaintiff
v.
C.D.
Defendant
A.B. of .............................. , the plaintiff (or one of the plaintiffs) in this cause, being duly sworn, doth depose and say, that the sum of .............................., being the amount demanded of the defendant in this cause, is justly due by him or her to the plaintiff (or plaintiffs) herein, for the causes in his or her (or their) declaration mentioned: and the said deponent hath signed (or hath declared himself or herself unable to sign, being thereupon duly required).
Signature, .............................. A.B.
Sworn before me, at .............................., this .............................. day of .............................. 20 ..............................
J.S.P.
Structure of the Judge,
Registrar or Commissioner
No. 7.
In connection with article 85
Affidavit of a Person other than a Plaintiff
SAINT LUCIA
IN THE SUPREME COURT
A.B.
Plaintiff
v
C.D.
Defendant
E.F., of .............................., being duly sworn, doth depose and say, that to his or her personal knowledge, the sum of .............................. being the whole (or part as the case may be) of the amount demanded of the defendant in this cause, is justly due by him or her to the plaintiff (or plaintiffs) for the causes in his or her (or their) declaration mentioned; and the said deponent hath signed (or hath declared himself or herself unable to sign, being thereunto duly required).
Signature, .............................. A.B.
Sworn before me, at .............................., this .............................. day of .............................. 20 ..............................
J.S.P.
Signature of the Judge,
Registrar or Commissioner
No. 8.
In connection with articles 295 and 296
The Oath to be Administered to Experts
I, A.B., of .............................., (if there be 2 or more persons to be sworn, say, I, A.B., of and I, C.D., of ..............................) do make oath and swear, that in the presence of E.F., the plaintiff, and G.H., the defendant, named in an interlocutory judgment pronounced in (here insert the name of the Court), bearing date the .............................. day of .............................., or in their absence at a place to be designated, and on a day and hour to be specifically named to them respectively, I will faithfully proceed as an expert to the view and examination required by the said interlocutory sentence; and that I will truly report my opinion in the premises, without favour or partiality towards either of the said parties: So help me God.
No. 9.
In connection with articles 295 and 296
Certificate to be Made and Signed by the Commissioner, of the due Administration of the Oath
Sworn before me, .............................., a Commissioner of the Supreme Court, (or sub-delegate authorised by the commission or the judgment as the case may be, hereunto annexed as the case may be) at .............................., on the .............................. day of the month of .............................., in the year ..............................
No. 10.
In connection with article 299
The Oath to be Administered to Witnesses
I .............................., (insert the name, profession or quality and place of residence of the witnesses), do make oath and swear that I am not related or allied to, or employed by any of the parties in the suit, and I am not interested in the event of the cause depending between them (or, if witness says he or she is, state in what degree he or she declares himself or herself to be related to allied to either and which of the parties, or what situation he or she holds in the family of either of them), and I do also swear that the evidence which I shall give between the said parties before the experts (or arbiters or arbitrators, as the case may be), named in the interlocutory judgment pronouncement by (here insert the name of the Court), in the said cause, shall be the truth, the whole truth, and nothing but the truth: So help me God.
No. 11.
In connection with article 367
Affidavit of an Opponent or of some other Person
SAINT LUCIA
IN THE .............................. COURT
A.B.
Plaintiff
v.
C.D.
Defendant
and
G.H.
Opposant
G.H., of .............................., the opposant (or one of the opposants) in this cause (or other person, as the case may be), being duly sworn doth depose and say, that the facts set forth in the annexed opposition, and each and every of them, is and are true; and that the said opposition is not made with any intent unjustly to delay the execution of the judgment rendered in this cause, but that the same is made in good faith for the sole purpose of obtaining justice, and the said deponent hath signed (or hath declared himself or herself unable to sign), being thereunto duly required.
Signature, .............................. G.H.
Sworn before me, at .............................. this .............................. day of .............................. 20 ..............................
J.P.
Signature of the Judge,
Registrar, Clerk, or Commissioner
No. 12.
In connection with article 609
To C.D., of (state here the address and calling of the party), Defendant in the cause wherein the Judgment, an authentic copy whereof is hereunto affixed, has been rendered.
Take Notice that the undersigned, A.B., Plaintiff in the said cause, hereby demands of you, under and by virtue of the provisions contained in article 607 of the Code of Civil Procedure, a copy of which article is hereunto subjoined for your further information in the premises – that within 30 days from the personal service to be made upon you of the foregoing certified copy of the said Judgment, together with this Notice, you do make and file the statement prescribed in the said article, in the manner and under the penalties therein set forth.
Done at .............................., this .............................. day of .............................., 20 ..............................
A.B., Plaintiff
(Here insert a copy of the said article)
No. 13.
In connection with article 612
SAINT LUCIA
IN THE SUPREME COURT
No. (here state the number of the action)
A.B.
Plaintiff
v
C.D.
Defendant
Public Notice is hereby given, in pursuance of the provisions of article 612 of the Code of Civil Procedure, that at the hour of .............................. in the .............................. noon of .............................. the .............................. day of .............................. next (or instant, as the case may be), or as soon after that hour as may be, at the Chambers of the Judge, the undersigned a creditor of the defendant will apply to the Judge for the appointment of a fit and proper person to be Curator to the property, real and personal, of the said C.D., Defendant in this cause , who has made and filed in the Office of the Registrar, a statement under oath of the same, and also of his or her creditors and their claims, together with a declaration that he or she is willing to abandon his or her property for the benefit of his or her creditors – the whole as by the said Code required.
And all persons, creditors of the said C.D., are hereby notified then and there to attend, to make to the said Judge such representation or statement in the premises as they may see fit to make.
Given at .............................., this .............................. day of .............................. 20 ..............................
A.B., Plaintiff
No. 14.
In connection with article 612
SAINT LUCIA
IN THE SUPREME COURT
No. (here state the number of the action)
A.B.
Plaintiff
v
C.D.
Defendant
and
E.F., Curator to the property and effects
of the said Defendants
Public Notice is hereby given, in pursuance of the provisions of article 612 of the Code of Civil Procedure, that on the .............................. day of .............................. instant (or last past, as the case may be), the said E.F., of (state here the address and calling of the Curator), was by order of the Judge, appointed to be Curator to the property and effects, of every kind, real and personal, of the said C.D., Defendant in this cause, abandoned by the said C.D., for the benefit of his or her creditors – the whole as by the said Code provided.
And all persons, creditors or debtors of the said C.D., are hereby notified and required to govern themselves in the premises accordingly.
Given at .............................., this .............................. day of .............................. 20 ..............................
E.F., Curator
(Or A.B., Plaintiff, or C.D., Defendant, as the case may be.)
No. 15.
In connection with article 639
Affidavit for Warrant of Arrest of the Person
A.B., of .............................. &c., being duly sworn, doth depose and say, that C.D., of .............................. is personally indebted to .............................., in the sum of that this deponent is credibly informed, hath every reason to believe, and doth verily and in his or her conscience believe, that the said .............................. is immediately about to leave Saint Lucia (allege specially the reasons which lead to the belief that the Defendant is about to leave Saint Lucia, and embody the requirements of the article), whereby the said .............................., without the benefit of a warrant of attachment against the body of the said .............................., may be deprived of remedy against the said ..............................; and this deponent hath
Sworn before me, .............................. this .............................. day of ..............................
No. 16.
In connection with articles 682 and 683
Warrant to Arrest the Person
SAINT LUCIA
A.B., Esquire, Commissioner of the Supreme Court in the town (or parish) of
To .............................. and to the keeper of the Royal Gaol of the said district, greeting:
I command you, that you take .............................. of .............................., if he or she be found and him or her, with all due diligence, convey to the Royal Gaol, and deliver to the keeper thereof, together with this warrant; and I do hereby command you, the said keeper, to receive the said .............................., and him or her safely keep for the space of 24 hours, and no longer, unless, before the expiration of that time, a writ of capias ad respondendum be duly served upon him or her, to compel him or her to be and appear personally in the Supreme Court on the day of the return of such writ, to answer .............................. of .............................. of a certain debt, interest and costs, amount to the sum of ..............................
Given under my hand and seal, this .............................. day of .............................. in the year 20 ..............................
No. 17.
In connection with articles 682 and 683
Affidavit to Obtain Warrant of Attachment
A.B., of .............................. being duly sworn, doth depose and say that C.D., of .............................. is indebted to of .............................. in the sum of ..............................
That this deponent is credibly informed and hath every reason to believe, and doth verily and in his or her conscience believe, that the said .............................. is secreting or is now about immediately to secrete .............................. estate, debt and effects, or is about to abscond and doth intend suddenly to depart from Saint Lucia, with intent to defraud the said .............................. and creditors.
This deponent further saith, that he or she doth verily believe that without the benefit of a warrant of attachment against the said .............................. to seize his or her goods and chattels, the said .............................. may loose his or debt and sustain damage and hath
Sworn before me, at .............................. this ..............................
No. 18.
In connection with article 683
Warrant of Attachment
A.B., Esquire, Commissioner of the Supreme Court,
To .............................. greeting:
I command you, at the instance of .............................., to attach .............................. of and belonging to and the said .............................. keep and detain in your charge and custody, for the period of 3 days from the date hereof, and no longer, unless before the expiration of 3 days the said shall be seized by writ of attachment issuing from the Supreme Court at .............................. at the suit of the said ..............................
Given under my hand and seal, at .............................. this .............................. day of .............................. in the year 20 ..............................
No. 19.
In connection with article 739
Form of Notice in the Gazette
SAINT LUCIA
.............................. day of ..............................
Know all men that A.B. of .............................. of .............................., by this petition filed in the Supreme Court under No. .............................., prays for the sale of an immovable to wit: A land (or estate) containing .............................. in the Parish of .............................., bounded as follows, to wit: which land is now occupied by D.C. (or has not been occupied for .............................. years, and was last occupied by N.) and the said A.B., alleging that by Deed of .............................. (entered into by D.E. of ..............................) before F.G. Notary, (or as the case may be) at .............................. on the .............................. a hypothec was constituted upon the said immovable hereinabove described, for the sum of .............................. claims from the present proprietor of the said immovable the sum of due to him or her for ..............................
The said A.B. further alleges that the present proprietor of the said immovable is unknown (or uncertain) and that the known proprietors since the date of the said Deed of .............................., have been N.G. and F.
Notice is therefore given to the proprietor of the immovable to appear before the said Court at Castries within 2 months, to be reckoned from the fourth publication of this present notice, to answer to the demand of the said A.B., failing which, the Court will order that the said immovables be sold by the Sheriff.
First insertion .............................. , (date)
H.P.
Registrar
No. 20.
In connection with article 743
Form of Writ for the Sale of the Immovable
To the Sheriff
Whereas the following notice hath been given in conformity with article 739 of the Code of Civil Procedure (recite the notice); and whereas judgment was rendered on the .............................. day of .............................., ordering the sale of the immovable described in the said notice, you are hereby to sell the said immovable in order to the payment to the said A.B., of the sum of .............................. with interest from .............................. and costs and you are required to make a return of this Writ and of the oppositions which have then been placed in your hands, on the
No. 21.
In connection with article 744
Form of Appearance
I, B.C., appear to answer to the petition of A.B., as proprietor of the immovable described in the said petition, by virtue of (state by virtue of what title you are proprietor, and give the date of the Deeds by virtue of which you are such proprietor).
No. 22.
In connection with article 773
Public Notice is hereby given that there has been lodged in the office of the Registrar a deed made and executed before A.B. and colleague, Notaries Royal, on the .............................. day of .............................. between C.D. of .............................., of the one part; and E.F. of .............................., of the other part; being a (sale) by the said C.D. to the said E.F., of (a lot or parcel of land) situate, &c., and possessed by .............................. as proprietor, for the 3 years now last past; And all persons who have or claim to have any privilege or hypothec under any title or by any means whatsoever in or upon the said (lot of land), immediately previous to and at the time the same were acquired by the said C.D., are hereby notified that application will be made to the said Court on .............................. the .............................. day of .............................., for a judgment of confirmation, and that they are hereby required to file their oppositions in the office of the said Registrar 8 days at least before the said day, in default of which they will be forever precluded from the right of so doing. |