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