Cap. 55 ст. 17Keepers of notarial acts.

(1) Any notary to whom the Court of Revision of Notarial

Acts entrusts the custody of the deeds and registers of any deceased notary or of any notary who has ceased to exercise his functions in any of the cases laid down in this Act, for the purpose of taking due care thereof, of allowing them to be inspected and read, and of giving out copies and extracts of or from the same as provided in this Act or issue the declaration in terms of the proviso to article 68(2), is said to be a keeper of notarial acts.

(2) Notwithstanding any provision of this or any other law, and saving any agreement to the contrary by notarial act between the interested parties, the appointment of a notary keeper shall not imply that the keeper is responsible for the payment:

(a) of any registry fees, duty, tax, impost or penalty due by or which could have been imposed on the receiving notary in terms of past or current fiscal legislation, or any other law, unless and until such time as the keeper is put in funds to be able to pay same; or

(b) of any disciplinary punishment awarded or that could have been awarded to the receiving notary for any breach by him of this or any other law.

(3) Where the notary keeper incurs expenses in terms of the provisions of this Act or any other law:

(a) to bind the original notarial acts and their indexes; or

(b) to prepare and bind their registers and indexes; or

(c) to file the relative notes of enrolment, hypothec and reference in the Public Registry or lodge the relative applications in the Land Registry or similar notes or applications in a registry substituting such registries, he shall have the right, saving any agreement to the contrary by notarial act between the interested parties, to recoup such expenses from the receiving notary and, or such other persons as may be prescribed, within such time and in such manner as may be prescribed.

(4) The provisions of sub-article (3) shall mutatis mutandis apply to a notary keeper who, notwithstanding the provisions of sub-article (2), pays any registry fees, duty, tax, impost or penalty due by the receiving notary.

(5) The Minister responsible for notarial affairs may from time to time make regulations generally for carrying out the provisions of this article, for adding to the instances mentioned in sub-articles (2) and (3), and for such matters as are authorised by this article to be prescribed.