Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 831
831. (1) The demand for the issue of any of the said acts shall
be made by an application prepared by the applicant and
containing, under pain of nullity of the act, other than further
details which may be pre scribed by regulations:
(a) the origin and nature of the debt or claim sought to be
secured; and
(b) when the right sought to be secured by the act is a
debt, or a demand which may be satisfied by the
payment of a sum of money, the amount of such
demand.
If the case has already been filed in court, such
demand may specify and incl ude all judicial costs.
(2) The application shall be confirmed on oath by the applicant:
Provided that where in an appl ication there is more than one
applicant demanding the issue of any of the precautionary acts
mentioned in article 830(1) against the same respondent, the oa th
shall be taken by at leas t one of the applicants.
(3) Any of the warrants or order mentioned in article 830 shall
be issued by the court:
Provided that, where in the opinion of the Registrar the
signature of a judge or magistrat e empowered to issue a warrant of
seizure or a garnishee order or a warrant of impediment of
departure cannot be obtained within a reasonable time and that
delay may be prejudicial, the said warrants or order may be iss ued
over the signature of the Registrar personally after having fir st
obtained verbal authorisation from the judge or magistrate to d o so.
In this case, the judge or magistrate is to append his own sign ature
under that of the Registrar at the earliest opportunity to conf irm
that he had given the said verbal authority or, if it is not po ssible
for the Registrar to obtain such verbal authority, the Registra r shall
under his authority issue the said warrant or order over his
signature, subject to the ratification of such action by a judge or
magistrate at the earliest opportunity..
Where claim is for
payment of sum of
money.
Amended by:
XXIV .1995.308.
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.