Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 831

Official PDF on legislation.mt

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.

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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.