Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 58

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58. (1) There shall be such registries of the Courts and other tribunals established by law, as the Minister responsible for j ustice may by regulations under this article establish. (2) Such regulations shall assign to each court or tribunal the registry that is to serve it and more than one court or tribuna l may in accordance with such registries be so served by the same registry. (3) Any reference in any law to t he registry of any particular court or tribunal shall be deemed to be a reference to the regi stry assigned to such court or tribunal by the Minister in regulatio ns made under this article. (4) Each registry shall be headed by a public officer designated by the Minister for the purpose and, failing such designation, by the Director General (Courts). The h ead of each registry is hereina fter referred to as ''the registrar''. (5) Each registrar shall have th e functions, powers and duties CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 23 vested in him by this Code or by any other applicable law as we ll as by any regulation which may, from time to time, be made by the Minister responsible for justice. (6) The duties of the registrar, including any duties during sittings of the courts, shall be carried out by the registrar p ersonally or by such other persons or by court executive officers as the Minister responsible for justice may designate or, failing such designation, by any person so delegated by the registrar, and s uch designation may also specify the duties that shall be carried o ut by each such person or officer. (7) Any provision in this Code or in any other law or regulation which makes reference to the registrar shall be construed as a reference to the registrar of su ch registry to which the provis ion refers or the registrar heading the registry assigned to serve that court and, failing any such refer ence, it shall be construed as a reference to the registrar res ponsible for the registry assigne d to serve the Civil Court. (8) Subject to the provisions of this Code and of any rules made under article 29, the registrar shall take orders from the judicial authorities in relation to any judicial proceedings an d in relation to any judicial act, that is to say: (a) in the superior courts in matters concerning a particular court, he shall take orders from the judge or from the judges, if there are two or more judges, of that court; in other cases, he shall take orders from the Chief Justice; and (b) in the inferior courts, he shall take orders from the magistrates of the particular court. (9) The provisions of sub-article (8) shall, subject to the provisions of article 69, apply, mutatis mutandis , to court executive officers. Cap. 79. (10) The Director General (Courts ), the registrar and any of the court executive officers so designated by the Minister responsi ble for justice shall, for the purposes of the Commissioners for Oaths Ordinance , be ex officio Commissioners for Oaths. Cases in which registrar is debarred from acting as such. Added by: VI.1880.7. Amended by: IX.1886.7; VIII 1903.1.

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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.