ACT No. IV or 1996 AN ACTlOfunhtramend tre Code ofOrgalli7.luion and Civil Procedure.

(LS.j

Uoo M IfSUD BoNNIeI

President

16th February. 1996

ACT No. IV or 1996

AN ACTlOfunhtramend tre Code ofOrgalli7.luion and Civil Procedure.

BE IT ENACTED by the President. by and with the advice and

consent of the House of Representatives. in this present Parliament

assembled , and by the authority of the same, as follows:-

I . This Ac t may be cited althe Code of Organization and Civil Shon_.

Procedure (Amendment) Act, 1996, and shall be read and construed as

one with the Code of Organization and Civil Procedure, hereinafter Cap. 12 .

re ferred 10 as "the Code",

~. For the margi.nal note 10 seclion 978 of the Code there shall be ~ of

subSllluled the follOWing

oflbeCodo

(a) the marginal note "Oath of Office" next to subsection

(I); and

(b) the marginal note "Challenge- next to subsection (2).

3 . In subsection (\) of section 152 o f the Code , for the words "for

the heari ng of the cause:" there shall be subslilUlcd the words "for the

hearing of the cause, whi ch day shall be as soon as possible but not

later than six months after the filing o f the app lication for appeal :" .

ta' Organizzazzjoni u Proeedura Civili, u ghandu jinqara u jifliehem

haga wahda mal-KodiCj la' Organizzazzjoni u Proi:edura Civili, !{ap. 12_

hawnhekk iijed ' il quddie m imsciiah "il·KodiCi".

2, MinOok in-nota marginali Ii hemm ghall-artikolu 978 lal·

Kodici ghandu jidhol dan Ii gej

(a) in-nota marginali "Gurament tal-halra" magemb is-

subartikolu ( I); u

(b) in-nola margi nali "Rikuia" magemb is-subartikolu (2).

Fis-subartikolu ( I) ta' I-artikolu 152 tal-KodiCi mintlok il-

kliem "ghas-smiegh Ial-kaw:ia:" ghandhomjidhlu I-kliem "ghas-smiegh

tal-kawza, Iiema gurnata ghandha tkun mill-aktar fis possibbli u mhux

aktar tard minn silt xhur wara I-prerentala lar-rikors la' appell:".

Section 229 of the Code shall be amended as follows

(a) for the words "other decree" in subsection (3) thereof ,

there shall be substituted the words "other interlocutory decree";

,,'

(b) immediately after subsection (9) thereof there shal l be

added the following su bsection

"(10) Where an interlocutory decree has been given

ill camera, it shall for the purposes of this section and for the

purposes of the calculation of any time therein establ ished be

dee med to have been read OUi in open cou n on the dale of the

first sitting in theca~ immediately after the decree was given

in camera by the court,",

For the words "who shall not later than the day" in subsection

(3) of section 283A of the Code, there shall be substit uted the words

"who may not later than the day" ,

For subsection (2) of section 3 14 of the Code there shall be

substituted the foll owing

"(2) (a) The Court shall order such adve rtisement to be

published in the Gazette.

(b) The Court shall also order such advertisemen t to

be published in one or more daily newspapers in the case of:-

(i)

immovable propen y; or

(ii)

rights annexed to immovable property; or

(iii) movable property consisting of gold or

silver an k les, pearls, precious stones or other movables.

the value of which exceeds five hundred liri; or

(iv)

a going concern; or

(v)

ships or other vessels; or

(vi)

aircraft: or

(vii) securities listed in the Stock Exchange under

the Stock Exchange Act; or

(viii)

insurance policies; or

(ix) any other object other than the above where

the court deems it expedient so to do.",

In subsection (2) of section 327 of the Code, for the words "to AmendrneJJI of

xaion 327

publish a fresh advertisement in the Gazette and in a daily newspaper of .... Code,

which shall specify that" there shall be substituted the words "to comply

with the requirements set out in subsection (2) of section 314 and to

specify that".

In subsection (3) of section 469A of the Code for the words Amendmen, of

IeCtion 469 A

"under subsection (1)" there shall be inserted the words "under paragraph oft .... Code.

(b) of subsection (1)".

In the English text of section 857 of the Code, for the words

"ship of other vessel" there shall be substituted the words "ship or other

vessel" .

10, In the Maltese text of subsection (4) of section 877 of the Amendment

xaion an

Code for the words "uJjew" there shall be substituted the word "jew". "f .... Code

t 1. In the Maltese text of subsection (I) of section 894 of the Amendment of

Code, for the words "joqghod jew numru tal-karta la' identita" there of, .... Code.

shall be substituted the words "joqghod u numru tal-karta ta' identitA".

In paragraph (b) in section 912 of the Code , for the words Amendme",of

OCCIioft912

"amounts to a sum of not more than three thousand liri" there shall be of .... Code.

substituted the words "amounts to, or exceeds, three thousand liri".

For subsection (5) of section 963 of the Code, there shall be Arne_.,o!

IeCtion 963

substituted the following

of ,,," Codo.

"(5) Saving the provisions of subsection (2) of section 732,

the causes the wrinen pleadings whereof are not closed within the

said time shall

(a) where the cause is before a court of first instance

be deemed to be a cause which has been set down for hearing

and subsequcntly by order of the Court, adjourned to an

unspecified date, and the provisions of scctions 964 to 967 of

this Code shall apply thereto; and

(b) where thecause is before acourt of second instance,

be deemed to be deserted ." .

In section I003A of the Code for the words "In any

proceedings for contempt" there shall be substitUied the words "Subject

to the provisions of this tit le. in any proceedings for contempt".

In section 1008 o f the Code , for the words "Where under this

Code" there shall be su bstituted the words " Without prejudice to the

provisio ns of section 1009, where: under this Code", and the words

", nO( exceeding the cost of the (onn" shall be deleted.

In the English text of paragraph (b) of subsection (I) in

paragraph (a) of section 76 of the Code of Organization and Civi l

Procedure (Amendment) Act, 1995. for the words "rural tenement" there

shall be substituted the words "urban or rural tenemenl",

1995.

The provisions of this Act shall not apply to any mailer which

between the 1st October. 1995 and the enactment thereof, has become

r~.fjlldicata.

Passed by the House of Representatives at Sitting No. 507 of the 12th February,

1996. L AWRENCE GoNZI

Speaker

R ICHARD J. CAUCHI

Clerk to the House 0/ Repreuntatives.