Code of Organization and Civil Procedure (Cap. 12), article 416

416. (1) If, in the superior courts or in the Court of Magistrates (Gozo) in its superior jurisdiction, there shall be deposited money in respect of which more than two parties alleg e claims of preference or priority or any other interest whatsoev er, the court, upon the application of any of such claimants, shall , through the registrar, cause a notice to be published in one or more periodical newspape rs, including in any case the Government Gazette, stating that the said money is standing in court, that there are claims upon such money, and calling upon all parties intere sted therein, to put in their respective claims within the time of o ne month, on the expiration of which it shall not be lawful for an y party failing to put in a claim within that time, to delay or otherwise hinder the decision on the competition proceedings between the parties putting in a claim. Notice to state day appointed for trial. (2) The said notice shall state the day on which, after the expiration of the said time of one month, all the parties inter ested who shall have put in a claim shall appear in court for the tri al of the claims. Power of court to abridge time, in commercial matters. (3) In commercial matters, the time above referred to may be abridged to any such shorter period as the court may deem adequate. Service of notice. (4) The said notice shall be served on the persons making the deposit, the debtor, the execution creditors as well as on any other creditor at whose suit any garn ishee order may have been issued . Jus avocandi.417. The judgment given on the cl aims put in by the competing creditors within the prescribed time shall not operate so as to bar the exercise of any right on the part of any person who failed to put in his claim; and it shall be lawful for such person subsequent ly to recover, wholly or in part, from any ranked creditor the money received by him, if the claim of such person shall, on separate proceedings, prove to be prior, or equal to, that of the ranked creditor: but if it shall be proved that such person having a prior or an equal claim could have put in such claim within the prescrib ed time, his default may be taken into account in adjudging the co sts. 126 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Competing claimants to proceed by application. Amended by: XXIV .1995.186.