Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 387
387. (1) No warrant in factum shall be executed unless the
person demanding the issue of the warrant shall have first delivered
to the court executing officer a sum, to be fixed by the court, to be
given, through the gaoler, to the person against whom the warrant
has been issued in respect of his maintenance for four days,
including the day of apprehension; and the gaoler shall not take the
person apprehended in custody until such deposit is made.
(2) A like sum shall be deposited in the hands of the gaoler
every four days in advance and not later than twelve noon of the
last day of each weekly period. Such sum shall be immediately
delivered to the person apprehended.
(3) The court executing officer and the gaoler respectively
shall give a receipt for the said deposit.
Execution of
warrant in factum
not to bar action
for damages.
Amended by:
IX.1886.85;
XXIII.2017.22.
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.