CHAPTER 134
MORTGAGE AND REGISTRATION ACT

Arrangement of Sections

1. Short title and interpretation.

PART I

The Mortgage and Registration Office and Registers

2. The Mortgage and Registration Office.

3. Office hours.

4. Appointment of Registrar.

5. Appointment of Assistant Registrar.

6. Appointment of Clerks.

7. Assistant Registrar and clerks subject to Registrar's directions and orders.

8. Oath of Registrar and staff.

9. Senior Clerk when empowered to act for Registrar or Assistant Registrar.

10. Domicile of Registrar.

11. Purposes of the Mortgages and Registration Office.

12. Répertoire and register of presentation.

13. Books.

14. Delivery of extracts and certificates.

PART II

Mortgages and Transcriptions

15. Duration of inscriptions.

16. Judicial mortgages abolished.

17. Inscriptions on behalf of Government, how to be erased.

18. Applications for erasure, etc., of mortgages to be tried by Supreme Court.

19. Conditional loan mortgage to be inscribed.

20. Mortgages for credits opened.

21. Deeds of transfer, etc., to be transcribed.

22. Deeds aforesaid not to be good against third parties if not transcribed.

23. Judgements extinguishing real rights to be transcribed.

24. Registrar to deliver certificate of transcription.

25. Creditors who may inscribe within a fortnight after transcription.

26. Privileges of vendors or co-proprietors.

27. Creditor may transcribe within thirty days from opening of succession.

28. Resolutory action not admissible after the extinction of vendor's privilege.

29. Third parties interested to be called in the resolutory action.

30. Creditors not to renew inscriptions after forcible ejectment.

31. Mutations to be registered before transcription.

32. Arts. 2200 and 2201 of Civil Code of Seychelles modified.

33. Special hypothecs may be given.

34. Time for filing memorandum and erasure.

35. Inscriptions not to be void for want of form.

36. Saving clause as to provisions of Civil Code of Seychelles.

PART III

Procedure for Effecting Inscriptions and Transcriptions

37. Interpretation.

38. Inscriptions and transcriptions how effected.

39. Procedure for inscription of privilege or mortgage.

40. Inscription of legal mortgage.

41. Duties of Registrar on inscription of privilege or mortgage.

42. Change of domicile.

43. Transcription of authentic deeds and of judgements.

44. Transcription of private deeds.

45. Transcription of deeds executed or judgements obtained abroad.

46. Transcription of deeds drawn up in foreign language.

47. Transcription of seizures.

48. Authority for searching.

49. Fees for searches and delivery of extracts.

50. Folio.

51. Taxing and payment of fees, etc.

52. Certain Government deeds to be transcribed free of charge.

53. Regulations.

PART V

Registration of Documents

54. Documents to be registered.

55. Documents not to be registered before payment of duty and fine.

56. Transfer not to be registered until previous title is registered.

57. Deeds, how registered.

58. Lease of immovable property, unless registered void as against purchasers of the property or any interest therein.

59. Fee for certificate.

PART VI

Persons Liable to the Payment of the Fees

60. Fees by whom to be paid.

61. Reimbursement of registration fee to public officers.

62. Payment of fee due to several parties.

63. Payment of fee not to be delayed.

PART VII

Time for Registration

64. Time for registering documents.

65. Time for registering documents drawn up out of Mahé.

66. Wills deposited with notaries.

67. Computation of time.

68. Documents for which there is no time prescribed.

PART VIII

Documents Exempted from Registration

69. Documents exempted from registration.

PART IX

Documents to be Registered Free of any Fee

70. Documents free of fee.

71. Registration of documents in a suit "in forma pauperis".

PART X

Duties and Obligations of Public Officers

72. Judge's discretion to give judgement if documents unregistered.

73. Registrar or clerk not to receive filing of unregistered document.

74. Unregistered documents referred to by notaries, etc.

75. Extracts or copies of unregistered deeds not to be delivered by notaries, etc.

76. Production of repertory by notaries.

77. Description of surveyed parcels in notarial deeds.

PART XI

Fines and Penalties

78. Notaries failing to register within time.

79. Fines against ushers and surveyors.

80. Fines on judgements of adjudication, etc., when not registered within the time.

81. Fines on deeds under private signatures.

82. Validity of certain counter-letters.

83. Mention of payment of fees to appear on office copies.

84. False mention of registration.

85. Against notaries, etc., infringing section 75.

86. Against notaries for non-production of repertory.

87. Fines by whom levied.

PART XII

Legal Proceedings

88. Actions, how to be disposed of.

89. Privilege.

90. Remission of fines.

91. Limitation of actions in restitution of fee or fine.

92. Limitations of actions for recovery of fees and fine.

5 of 1927,

15 of 1936,

21 of 1937,

1 of 1939,

19 of 1947,

10 of 1948,

17 of 1948,

39 of 1950,

4 of 1956,

13 of 1956,

12 of 1957,

3 of 1959,

13 of 1960,

12 of 1964,

31 of 1965,

16 of 1968,

19 of 1970,

19 of 1971,

4 of 1972,

4 of 1975,

23 of 1976,

SI 95 of 1975,

72 of 1976,

77 of 1987,

6 of 1990.

[Date of commencement: 17th June 1927]

1. Short title and interpretation.

(1) This Act may be cited as the Mortgage and Registration Act.

(2) In this Act, unless the context otherwise requires—

"assignment", in relation to a lease, includes cession or transfer;

"share" in relation to a company, includes stock;

"writing", in relation to the transfer of a share in the capital of a company, includes any endorsement on the share certificate by which the transfer is effected.

PART I

The Mortgage and Registration Office and Registers

2. The Mortgage and Registration Office.

The Mortgage Office and the Registration Office heretofore established at Victoria, Mahé, shall henceforth be combined and continue as one office under the name of the Mortgage and Registration Office at Victoria aforesaid.

3. Office hours.

The Mortgage and Registration Office shall be open to the public from 8 a.m. to noon and from 1.30 p.m. to 3.30 p.m. on every day except Sundays and other public holidays:

Provided that on Saturdays the office shall be closed at noon:

Provided further that no document will be received for inscription, transcription or registration unless the proper fees for the same shall have been previously paid to the Registrar of Deeds.

4. Appointment of Registrar.

There shall be appointed to and in charge of the Mortgage and Registration Office an officer to be styled the Registrar of Deeds (hereinafter referred to as the Registrar); he shall be appointed by the President.

5. Appointment of Assistant Registrar.

The President may also appoint an Assistant Registrar of Deeds who shall have all the powers and shall be subject to the same rules as the Registrar.

6. Appointment of Clerks.

There may be appointed to the Mortgage and Registration Office such clerks as may from time to time be necessary.

7. Assistant Registrar and clerks subject to Registrar's directions and orders.

The Assistant Registrar and the clerks of the Mortgage and Registration Office shall be under the direction of the Registrar and shall carry out all orders in regard to their work given by him.

8. Oath of Registrar and staff.

The Registrar, the Assistant Registrar and the clerks shall as soon as may be after their acceptance of office take such oath as may be prescribed by law.

9. Senior Clerk when empowered to act for Registrar or Assistant Registrar.

(1) If both the Registrar and the Assistant Registrar are absent or prevented from carrying out their duties, or any of them, the senior clerk for the time being in charge of the Mortgage and Registration Office may carry out any such duties, and any acts thus performed by such clerk shall be as valid and effectual as if done by the Registrar.

(2) Responsibility of Assistant Registrar and Senior Clerk: The Assistant Registrar and a senior clerk when performing duties pertaining to the office of the Registrar shall be held responsible for their own errors and omissions in the performance of such duties.

10. Domicile of Registrar.

The domicile (domicile de droit) of the Registrar for all legal purposes shall be at the office of Registrar. This domicile shall continue so long as he shall continue to hold office.

11. Purposes of the Mortgages and Registration Office.

The Mortgage and Registration Office shall be open for the following purposes—

(a) the inscription and transcription therein of deeds and acts which by law require inscription or transcription, and which concern immovable property situated in Seychelles;

(b) the transcription of all other deeds or acts required or allowed by law to be transcribed;

(c) the preservation of mortgages (la conservation des hypothèques) including the performance of all formalities required by law for regularising, transcribing, giving effect to or otherwise maintaining the validity of mortgage deeds;

(d) the registration of all documents required or allowed by this Act or by any other law to be registered.

12. Répertoire and register of presentation.

(1) The Registrar shall keep a register, on unstamped paper, called the "Répertoire", in which he shall enter in order of deposit and under a special account opened in the name of every party affected by any deed, a summary of all inscriptions and all transcriptions, erasures of inscriptions, or other transactions concerning immovable property or declaratory of such right together with a reference to the volume and number of the register in which the deeds have been copied or noted.

(2) The register of presentation, mentioned in Article 2200 of the Civil Code of Seychelles, shall contain on the first page a mention signed by a Judge in the form following—

The present register containing ............ folios has been handed over by me to the Registrar of Deeds at Victoria, to serve (1) for the insertion, in execution of Article 2200 of the Civil Code of Seychelles without any blank or interlineation day by day and by numerical order, of the deposits which shall be made to him of deeds of mutation to be transcribed or schedules of inscriptions to be enrolled; (2) for the registration of duties of inscriptions or transcriptions.

The present register is to be closed every day in conformity with Article 2201 of the Civil Code of Seychelles, and the closing thereof shall appear immediately after the last registration or closing. The register shall also mention all Sundays and holidays.

Made and signed in Chambers, Court House, Mahé, Seychelles, this ............... day of ................ in the year one thousand nine hundred and ..........

Judge.

(3) The pages of the register of presentation shall besides be numbered and each page thereof shall be initialed by the Registrar of the Supreme Court or stamped with his stamped initials and the fact shall be certified by a mention signed by such Registrar on the first page of the register.

13. Books.

(1) There shall be kept at the Mortgage and Registration Office two books which shall be numbered, and each page of which shall be initialed by the Registrar of the Supreme Court, who shall certify the fact on the first page of each book.

(2) One of these books shall serve exclusively for the registration of notarial deeds. In the second book shall be registered all other documents which are subject to the formality of registration.

(3) The first and second registration books mentioned in subjection (2) shall be closed every day and shall further be signed by the Registrar.

(4) The Registrar shall also keep such other books as may be required for the proper and efficient working of the office and approved of by the Attorney-General.

14. Delivery of extracts and certificates.

No extract from the registration books shall be delivered and no certificate that a deed has been registered shall be given by the Registrar, except on an order of a judge, unless such extract or certificate is applied for by one of the contracting parties or his lawful agent, or by the assignee and holder of his rights, nor shall the registration books be communicated to the public.

PART II

Mortgages and Transcriptions

15. Duration of inscriptions.

(1) An inscription shall have legal effect—

(a) if made before the commencement* of the Civil Code of Seychelles for a period of ten years from the date thereof;

(b) if made on or after the commencement of that Code, for a period of thirty years from the date thereof.

A renewal of any inscription shall be subject to the same formalities and have the same legal effect as an inscription, and may be made by any party having an interest therein.

(2) This section shall apply to inscriptions made ex-officio by the Registrar.

[*Note to 1991 Ed: The Civil Code of Seychelles commenced on 1 January 1976 (S.I. 106 of 1975).]

16. Judicial mortgages abolished.

Judicial mortgages, as provided in Article 2123 of the Civil Code of Seychelles shall continue to stand abolished.

17. Inscriptions on behalf of Government, how to be erased.

All inscription of mortgage taken on behalf of the Seychelles Government, and enrolled in the books of the Registrar, may continue to be erased upon official letter addressed to the Registrar giving the names and surnames of the debtors and stating besides the date and the volume and number of every inscription to be erased.

18. Applications for erasure, etc., of mortgages to be tried by Supreme Court.

All applications for the removal, erasure, cancellation, or reduction of mortgages shall continue to be tried and disposed of before the Supreme Court.

19. Conditional loan mortgage to be inscribed.

A mortgage granted under a conditional deed of loan shall rank from the date of the inscription, notwithstanding that the money lent shall not have been paid until afterwards.

20. Mortgages for credits opened.

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