Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 478
478. (1) Where at the execution of a ny act, the presence of the
judge of the said court is required by law, he shall attend
personally:
Provided that the presentation or withdrawal of a secret will m ay
be effected in the pr esence of any other judge, notwithstanding that
such judge may not be the judge assigned to the said court.
will not validate
defects.
(2) The presence of the judge at the execution of an act shall
not cure any defect arising from any departure from the express
terms of the decree of authorisation, nor shall it validate suc h part
of the act as requires authorization if such authorization has not
been granted by a d ecree of the court.
Judge may depute
judicial assistant.
(3) It shall be lawful for the judge to depute a judicial assist ant
to be present at the execution of the act. It shall also be law ful for
the judge to depute a judicial assistant to receive the informa tion
referred to in article 471, or a ny sworn declaration mentioned in
this Part, if the person to be examined or heard, or the depone nt, is
prevented by illness from attending in court or in such other p lace
as may have been ap pointed by the judge.
Decrees. 479. Decrees are issued in the name of the court, and shall be
signed by the judge and countersigned by the registrar.
Hearing of
application for
provisional
maintenance etc.
Added by:
XV .1983.5.
Amended by:
XXI.1993.87.
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.