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act_2002_31 MT

XXXI tal-2002 - Att dwar il-Proċeduri fil-Qrati u fit-Tribunali

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Malta Government Gazette — Act 2002 31 — XXXI tal-2002 - Att dwar il-Proċeduri fil-Qrati u fit-Tribunali

such copy with any person under thc age of fourteen years, or

with any person who. on accou nt of infirmity of mind. is unable

to give evidence of such service. A person shall be presumed 10

be able to give such cvidence unless the contrary is proved; and

no objection may be raised on the ground of irregularity of the

service for any of those reasons, if il is shown that the copy has

actually reached the person to be served therewith.

In the case of a body having a distinct legal

(2)

persona lity, serv ice on such body shall be effect(.."(\ by leaving a

copy of the pleading-

(a) at its registered office, pri ncipal office, o r

place of business or postal address with any of the persons

mentioned in arlicle 18 1 A(2) or wi th an employee o f such

body; or

(b) with any of the persons mentioned in article

18 1 A(2 ) in thc manner providcd for in subarticJe ( I).

In the case of persons on board ships, other vesscls

(3)

or ai rcmfi, or members of the crew having no place o f residence

in Malta, service may be effected by delivering such copy to the

mastcr or capta in of the ship, vessel or aircraft or any other

person acting in that behalf or, in the absence of such persons,

on the agent of the ship or other vesscl, as the case may be, or in

the absence of such persons and agen t, on curators appo intcd by

the court in terms o f article 929.

(4)

Where a person to whom a pleading is addressed, or

a pcrson who is obl iged to accept service on his behalf, re fuses

to receive it personally from an officer charged wi th the service

of the pleading, such officer sha ll leave the act as near as

reaso nably possible to such person and shall note the fact and

the circumstances thereof on the certificate of service and

ser vice shall be deemed to have been effected on the day a nd

time of the refusa l o f service.

.

(5) (a) Wherc service of a judic ial act cannot be cffectcd

in te rms o f the previous subarlicJes or the place of res idence,

business or employment is unknown but it does not result 10 the

officer charged with the service that the person upon who m the

pleading is to be served is abroad. the oflic'cr charged wi th the

service

(i) shall state that he was una ble to effect service

in terms of subartic1cs ( 1) or (2). stating the places, days

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