Revised Laws of Saint Lucia (2021)

CHAPTER THIRD
REGISTERS OF SHERIFF

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   976.   The Sheriff must keep a register for transcribing and registering therein all deeds of sale made by him or her of real property.

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   977.   Such registers must be authenticated in the same manner as those of the registry offices mentioned in article 975.

BOOK SECOND
INSPECTION OF DOCUMENTS

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   978.   Notaries are bound, upon payment of their lawful fees and dues and without any Judge's order, to grant permission to inspect or to give copies or extracts of any deed forming part of their official records, either to the parties or their heirs or legal representatives.

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   979.   They are not bound to grant such inspection or to give copies or extracts to other parties without an order from the Judge, unless it is of such nature that it should be registered.

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   980.   If the notary refuses to grant such inspection, or to give copies or extracts as required, the person demanding the same may, by petition duly served upon such notary, apply to a Judge for an order for inspection, which is granted upon proof of his or her right or interest.

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   981.   If inspection only be demanded, the order fixes the day and hour when the inspection must be granted.

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   If a copy or extract be demanded, the order fixes the time at which it must be furnished.

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   982.   The service of the order of the Judge upon the notary must give a sufficient delay for a compliance with such order.

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   983.   The copy or extract must be certified to have been delivered in compliance with the order; and the notary mentions the fact at the foot of the copy of the order that was left with him or her.

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   984.   If the notary fails to comply with the order of the Judge, he or she is liable for all consequent damages and to imprisonment.

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   985.   When the original of any authentic act or a public register has been lost, destroyed, or carried away, and any authentic copy or extract thereof exists, the holder of such copy or extract may apply to the Court or Judge for leave to deposit the same with such public officer as the Court or Judge may name, to be there used and considered as an original, the copies of which will be deemed authentic.

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   986.   A similar application may be made by any party to a deed, in order to oblige any other party to the same, who is in possession of an authentic copy thereof, to deposit such copy for the same purpose, and such other party is bound to comply with the order of the Court or Judge in that behalf, under paid of all damages. The whole nevertheless at the cost and expenses of the party requiring such deposit, who is obliged to furnish with a copy of the deed the person of whom it has been required, and to indemnify him or her for all travelling and other expenses.

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   987.   The petition must be served upon all other interested parties mentioned in the deed.

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   988.   Upon satisfactory proof, the Court or Judge orders the document produced to be deposited in the Registrar's or notary's office or other public office in which the original was; or if it is a notarial act, forming part of the records of a notary who is dead or has ceased to practise, then in the Registrar's office, or with the notary in possession of the originals of the notary who passed the deed; and every regular copy of the document thus deposited is received in evidence in the same manner as if such document was the original.

BOOK THIRD
FAMILY COUNCILS

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   989-994.   (Repealed by Act 3 of 1957)

BOOK FOURTH
TUTORSHIPS AND CURATORSHIPS

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   995.   The appointment of tutors to minors and curators to interdicted persons and absentees is regulated in the different Books of the Civil Code which treat of such matters respectively. (Substituted by Act 3 of 1957)

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   996.   The appointment of curators to successions that are vacant, or to property judicially abandoned by insolvent debtors, is regulated in the respective Books in the Civil Code and in this Code relating to such matters.

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   997.   The appointment of curators to the property of corporations that have been dissolved or declared illegal, is regulated in the Civil Code, in the Book respecting Corporations, and in the Third Part of this Code.

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   998.   The proceedings for the appointment of curators to substitutions are the same as those for the appointment of tutors to minors.

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   999.   Every curator other than the Administrator General is bound, before acting as such, to make oath that he or she will well and truly perform the duties devolving upon him or her.

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   999A.   Where a minor is without a tutor, or where his or her interests and those of his or her tutor conflict, the Court may appoint a tutor for any special purpose, such as consenting to a marriage, giving a receipt for a legacy, or the conduct of legal proceedings, or may itself give the necessary consent or authority. (Added by Act 23 of 1916)

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   999B.   The like provisions apply in cases of curatorship or when a person who should be represented by a curator is without one. (Added by Act 23 of 1916)

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   999C.   The Court may, either upon request or without request, give to a tutor or curator, any general or special directions in regard to the care of the person represented by him or her or the management of the property of such person. (Added by Act 23 of 1916)

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   999D.   The Court, on being satisfied that there is just cause for so doing, may displace any tutor or curator and appoint another person in his or her place. (Added by Act 23 of 1916)

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   999E.   Proceedings for the removal of tutors and curators may be commenced by application in Chambers instead of by action. (Added by Act 23 of 1916)

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   999F.   In proceedings relating to Successions and Family Law, the Court may dispense with any formal requirements, whenever their observances would seem to involve disproportionate expense, or for other sufficient reason and in so dispensing may give such directions, if any, as it may think fit.

BOOK FIFTH
SALE OF PROPERTY OF MINORS

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   1000-1011.   (Repealed by Act 3 of 1957)

BOOK SIXTH
PROCEEDINGS RELATING TO SUCCESSIONS