Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 849

Official PDF on legislation.mt

849. The effects of a precautiona ry garnishee order are the same as those of an executive garnishee order, and the provisio ns of articles 375 to 383 inclusive, and articles 842, 843, 844, 846 and 848, shall apply to such order: Provided that where the garnishee is a bank, a precautionary garnishee order sh all not apply to money payable by 234 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE the bank in execution of any guarantee given by the bank that i t will effect payment on the demand of the person in whose favour the banker’s guarantee is mad e out; and in any such case, notwithstanding the garnishee order, the bank shall have power to pay out or otherwise dispose of any such money as free from any garnishee order and shall also b e entitled to withdraw any such money from any court or other place, or from any person, into which, or with whom, it may have been lodged or deposited, and it shall be the duty of the Registrar of such court or other perso n in possession or having control over such money to r eturn it forth with to the bank. Duration of garnishee order. Amended by: XXXI.1934.68; XXIV .1995.318.

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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.