Code of Organization and Civil Procedure (Cap. 12), article 837

837. (1) It shall not be lawful for the Court of Magistrates (Malta), or the Court of Magistrates (Gozo) in its inferior jurisdiction to issue any warrant of description or impediment of departure for the purpose of a reference to the oath of the opp osite party. Warrants which may not be issued against Government. (2) It shall not be lawful to is sue any precautionary warrant of seizure or garnishee order in security of any right or claim ag ainst the Government of Malta. Persons against whom certain warrants may not be issued. (3) It shall not be lawful to i ssue any warrant of seizure or garnishee order, in security of any right or claim against any of the persons mentioned in sub-article (4)( a), or any warrant of impediment of departure in security of any right or claim again st any of the persons mentioned in paragraphs ( b) or (c) of the said sub-article. (4) The persons to whom sub- article (3) refers are: (a) any person belonging to the armed forces of any country or any person belonging to any vessel wholly chartered in the service of the Government of Malta if such person is in Malta with the force or vessel to which he belongs; (b) any master, seaman or other person regularly enrolled, if the ship to which he belongs has obtained her clearance; and (c) any engineer of any rank, employed on any steam vessel. Rescission of warrants unduly obtained. (5) ( a) If any such warrant or order has been unduly issued and carried into effect against any of the persons above-mentioned, it shall be lawful to obtain the re scission of the warrant or orde r or of anything done thereunder by maki ng an application to that effec t stating out the cause for his exemption, and producing in suppo rt thereof any certificate, document, or other evidence to the satisfaction of the judge or magistrate by whom the warrant or order was issued. (b) The release of the person from the warrant or order may also be applied for as aforesa id by the officer commanding the 230 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE vessel on which such person is enrolled, or by the officer commanding the force, the regiment or the company to which such person belongs, or by any other military, naval or air force authority. (6) It shall not be lawful to issue any precautionary warrant of seizure, warrant of seizure of a commercial going concern or ga rnishee order in security of any right or claim against any person for damages for libel or other defamation under any law. Precautionary acts. Added by: IX.1886.102. Substituted by: XIV .2006.87.