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Revised Laws of Saint Lucia (2021)

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Section IV Tender generally and payment into court

408. A tender must describe the object offered; and if it be of money, it must contain an enumeration and description thereof.

409. Tender may be made at any time before the close of the hearing of an authentic document, or in any other manner which admits of its being proved.

Tender may be made in a suit by demanding record thereof, and must be accompanied with payment into Court.

410. Tender may be made at the domicile elected in a contract.

411. The authentic document recording the tender, if there is one, must state the answer made by the creditor, or the person representing him or her, the fact of his or her being called upon to sign such answer, and in default of his or her signature, the reason why it was not signed.

412. A debtor who has made a tender and is afterwards sued, may renew it by his or her pleadings, and pay the amount into Court upon a receivable order.

413. Monies paid into Court cannot, without the authorisation of the Court or Judge, be withdrawn by the party who paid them in.

Unless the tender is conditional, the party to whom it is made is entitled to receive the monies paid in, without prejudicing his or her claim to the remainder.

The party entitled to money paid into Court receives payment by cheque.

414. The expense of the tender made out of Court is borne by the debtor; but, if it is declared sufficient, the costs attending the payment into Court are borne by the creditor.

415. (Repealed by S.I. 3 of 1970)

Section IV Tender generally and payment into court

CHAPTER SECOND THE RETURN

SECTION I Appearance

SECTION II Election of domicile

SECTION III Non-appearance

SECTION IV Judgment by default or ex parte

SECTION V Confession of judgment

SECTION VI The filing of exhibits

CHAPTER THIRD CONTESTATION

Section I General provisions

Section II Exceptions to the jurisdiction

Section III Exceptions to the form

Section IV Dilatory exceptions, actions in warranty, and security for costs

Section V Proceedings in lieu of preliminary exceptions and demurrers

Section VI Contestation upon the merits

Section VII Issue joined

Section VIII Consolidation

CHAPTER FOURTH INCIDENTS

Section I Incidental demands and counterclaims

Section II Interventions

Section III Misjoinder or non-joinder of parties

Section IV Improbation

Section V Disavowal

Section VI Change of solicitors

CHAPTER FIFTH TRIAL

Section I Written interrogatories

Section Ia discovery

Section II Notice of admissions

Section III Evidence

Section IV Experts, viewers, references in matters of account, and arbitrators

CHAPTER SIXTH DIVERS OTHER INCIDENTAL PROCEEDINGS

Section I Continuance of suits

Section II The oath put by the court

Section III Discontinuance

Section IV Peremption of suits

Section V Miscellaneous provisions

CHAPTER SEVENTH MOTIONS AND RULES

CHAPTER EIGHTH FINAL JUDGMENT

Section I Judgment of the merits

Section II Costs

CHAPTER SECOND PETITIONS TO SET ASIDE JUDGMENT

CHAPTER THIRD OPPOSITIONS BY THIRD PARTIES

CHAPTER FIRST THE VOLUNTARY EXECUTION OF JUDGMENTS

Section I Giving security

Section II Accounting

Section II Surrender

CHAPTER FIRST SUMMONS

CHAPTER SECOND COMPLULSORY EXECUTION OF JUDGMENTS

Section I General provisions

Section II Execution in real actions

Section III Execution in personal actions

Section IV Seizure by garnishment

Section V Execution upon immovables

Section VI Abandonment of property

Section VII Imprisonment

CHAPTER FIRST CAPIAS AD RESPONDENDUM

Section I The issuing of the capias

Section II The execution of writs of capias

Section III The contestation of writs of capias

Section IV Discharge upon bail

CHAPTER SECOND ATTACHMENT BEFORE JUDGMENT

Section I Simple attachment

Section II Attachment by garnishment

CHAPTER THIRD ATTACHMENT IN REVENDICATION

CHAPTER FOURTH ATTACHMENT FOR RENT

CHAPTER FIFTH JUDICIAL SEQUESTRATION

CHAPTER FIRST SUMMARY PROCEEDINGS

CHAPTER SECOND HYPOTHECARY RECOURSE AGAINST IMMOVABLES OF WHICH THE OWNERS ARE UNKNOWN OR UNCERTAIN

CHAPTER THIRD COMPULSORY PARTITION AND LICITATION

CHAPTER FOURTH ACTIONS OF BOUNDARY, OR TO VERIFY OR RECTIFY ANCIENT BOUNDARIES

CHAPTER FIFTH POSSESSORY ACTIONS

CHAPTER SIXTH PETITORY ACTIONS, OR ACTIONS FOR RECOVERY OF LAND

CHAPTER SEVENTH DISCHARGE FROM HYPOTHECS, OR CONFIRMATION OF TITLE

CHAPTER EIGTH SEPARATION BETWEEN SPOUSES

Section I Separation of property

Section II Separation from bed and board

CHAPTER NINTH OPPOSITIONS TO MARRIAGE

CHAPTER TENTH PROCEEDINGS AFFECTING CORPORATIONS OR PUBLIC OFFICES

Section I Corporations illegally formed, or violating or exceeding their powers

Section II Usurpation of public or corporate offices

Section III Mandamus

Section IV Prohibitions

Section V Injunctions

CHAPTER ELEVENTH THE ANNULLING OF CROWN GRANTS

CHAPTER TWELFTH HABEAS CORPUS AND SUBJICIENDUM IN CIVIL MATTERS

PART FOURTH THE DISTRICT COURT

PART FIFTH APPEALS TO HER MAJESTY

PART SIXTH NON-CONTENTIOUS PROCEEDINGS

CHAPTER FIRST REGISTERS OF CIVIL STATUS

CHAPTER SECOND REGISTERS OF REGISTRY OFFICES

CHAPTER THIRD REGISTERS OF SHERIFF

CHAPTER FIRST GENERAL PROVISIONS

CHAPTER SECOND LETTERS OF ADMNISTRATION

CHAPTER THIRD CAVEATS

Chapter FOURth PROVISIONAL POSSESSION

Chapter FIFth VACANT SUCCESSIONS