Code of Organization and Civil Procedure (Cap. 12), article 895

895. (1) Where objection has been made to the sufficiency of the surety ordered or required for the withdrawal of the procee ds or of a portion of the proceeds of immovable property, the surety, unless such surety be a local bank or an insurance company loca lly represented, in each case approved by the court for the purpose , shall not be declared sufficient unless it be shown on proceedi ngs taken against the party objecting that he possesses immovable property in Malta sufficient to m eet the debt or obligation for which he has made himself liable. (2) Nevertheless, the party s eeking to withdraw the said proceeds in whole or in part may, in lieu of producing the sure ty prescribed by law or ordered by the court or required in a lodg ment schedule or in any other act, or , where the surety produced has been objected to, in lieu of finding a new surety, demand that an advocate be appointed by the court at his own expense and subject to such other conditions as the court may in its discretion imp ose, in order that he may investigate the title to the property sold and to report whether there is any rea sonable ground to fear that the purchaser might be evicted or molested in the quiet enjoyment o f the property, and in any such cas e, if the advocate’s report sh ows to 250 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE the satisfaction of the court that the title to the property is a good title and that there is no reasonable ground to fear that the purchaser might be evicted or molested in the quiet enjoyment o f the property, the court shall, a fter hearing the purchaser, ord er that the hypothecation made by the part y seeking the withdrawal of t he proceeds, even if such party do es not own immovable property, shall in itself be sufficient s ecurity for the recovery of the proceeds, regardless of any conditions o riginally imposed for such withdrawal. (3) Where the surety required is not in respect of the proceeds of immovable property, it shall be lawful for the court on proo f being made to its satisfaction to declare the proposed surety t o be sufficient surety without the necessity of his having immovable property. Security tor judicial costs. Amended by: IX.1886.108; XV .1913.161.