Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 274

Official PDF on legislation.mt

274. (1) Any of the warrants or the order mentioned in the last preceding article is issued by the court on the demand of the p arty suing out execution: Provided that where in the opinion of the registrar the signature of the judge or magistrate empowered to issue a warra nt of seizure of movable property or an executive garnishee order, cannot be obtained within a reason able time and that delay may be prejudicial, the said warrant or order may be issued over the signature of the registrar personally after having first obtain ed verbal authorisation from the judge or magistrate to do so, the judge or magistrate shall append his own signature under that of the registrar at the earliest opportunity as proof that the said au thority had been given or, if it is not possible for the registrar to o btain such authorisation, the registrar shall issue the said warrant or order over his signature subject to the ratification of such action b y a judge or magistrate as soon as p ossible and no action shall be available to impugn the regularity of such warrant or order on the grounds that the warrant or order could have been issued over t he signature of a judge or a magi strate, as the case may be. (2) The demand for the issue of the warrant or order shall be made by application, and such application shall indicate the su m and, or the article du e in virtue of the title, and also such r emedies and, or provisions tha t are being demanded. (3) Where the executive title be other than a judgment of the court to which the demand is made, a copy of such title and of the act containing the intimation, where such intimation is require d under article 256, shall be filed together with the demand. (4) If by the same warrant or order it is sought to recover also judicial costs, the amount there of shall be stated in the deman d and the taxed bill of such costs sh all be attached thereto. 90 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Powers of executing officer. Amended by: XI.1859.14; L.N. 148 of 1975. Re-numbered and amended by: XIV .2006.6.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.