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S.L. 55.2 · Duplicate Register Of Notarial Acts (S.L. 55.2)

S.L. 55.2 чл. 3Keeper of Notarial Archives. Cap. 55.

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(1) It shall be the duty of the Keeper of Notarial Archives in Malta or in Gozo, as the case may be, hereinafter referred to as "the Keeper of Notarial Archives", to prepare a duplicate register of all original acts deposited in the Archives of Malta or of Gozo, lost, destroyed or damaged as aforesaid, and a new register of all such original acts where the original register has been so lost, destroyed or damaged.

(2) (i) The duplicate register referred to in subregulation (1) shall be compiled by reference to the register prepared by a Notary in accordance with the Notarial Profession and Notarial Archives Act or, as the case may be, in accordance with the relevant law or practice prevailing from time to time before the enactment of that Act.

(ii) The new register referred to in subregulation (1) shall be compiled by reference to the original acts.

(iii) Where both the original acts and the original registers are lost, destroyed or damaged as aforesaid, the duplicate register and the new register shall be compiled by reference to any copy or copies of the original acts, authenticated in accordance with the provisions of the aforesaid Act or preceding law or practice by the Notary who issued that copy or those copies, that may be available in the possession of any person, or, in default of any known such authenticated copy, by reference to any copy or copies even if not authenticated and, if necessary, by reference to any notes available: Provided that in every such case the Keeper of Notarial Archives shall record in writing at the foot of each copy so made of a deed, the source or sources of that copy and any relevant details relating thereto: Provided further that where a complete duplicate register is compiled from one original register, it shall be sufficient for the Keeper of Notarial Archives to make a signed declaration at the end of each duplicate register that such register has been collated with the relative original register.

(3) The aforementioned duplicate register shall be made either by means of photocopying or by microfilming or by electronic means, or by such other means as will give a clear permanent copy of the registers, original acts or copies referred to in subregulation (2)(i), (ii) and (iii) as the case may be.

(4) The Keeper of Notarial Archives may cause one or more volumes of the original register or of the original acts to be included in one volume of the duplicate register or of the new register or to subdivide any volume of the original register or of the original acts into two or more volumes of the duplicate register or of the new register, provided that in no case shall any one volume of the duplicate register or of the new register contain more than seven hundred and fifty pages.