ACT No. VII of 2007 AN ACT to amend the Code of Organization and Civil Procedure, Cap. 12.

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

26th June, 2007

ACT No. VII of 2007

AN ACT to amend the Code of Organization and Civil

Procedure, Cap. 12.

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:-

(1) The short title of this Act is the Code of Short title and

Organization and Civil Procedure (Amendment) Act, 2007, and shall commencement.

be read and construed as one with the Code of Organization and Civil

Procedure, hereinafter referred to as ''the Code''.

(2) This Act shall come into force on such date as the Minister

responsible for justice may by notice in the Gazette appoint, and

different dates may be so appointed for different purposes and for

different provisions of this Act.

Article 7 of the Code shall be amended as follows

Amendment of

article 7 of the

Code.

(a)

the present provision shall be renumbered as

subarticle (1) thereof; and

(b) immediately after subarticle (1), as renumbered,

there shall be added the following new subarticles

''(2) The Chief Justice may designate one of the

magistrates as Senior Magistrate; such designation shall be

for a specified time or until another magistrate is so

designated.

(3) Without prejudice to the provisions of this

Code or of any other law prescribing the court or courts in

which a magistrate shall sit, the Senior Magistrate shall

perform such duties and functions as may be assigned by

the Chief Justice or as may be provided by any law for the

tiume being in force.''.

In article 9 of the Code, for the words ''except such as may

be assigned to him by law'' there shall be substituted the words

''except activities within the Judicial Studies Committee or such as

may be assigned to him by law''.

Article 11 of the Code shall be substituted by the

following new article

''11. (1) The President of Malta shall assign to each of

the judges his duties by assigning to him the court or the

chamber of the court or section in which he is to sit

ordinarily, and may transfer a judge from one court or

chamber or section of a court to another

Provided that a judge may be assigned to sit

ordinarily in more than one court or more than one chamber

or section of one or more courts.

(2) The President of Malta is also empowered to

surrogate a judge in case of a vacancy in the number of judges.

(3) Where more than one judge is assigned to sit

ordinarily in a court, or in a chamber or section of a court, the

distribution of duties in general between the said judges shall be

made by the Chief Justice, and the registrar shall assign cases

and other judicial acts to the judges as directed by the Chief

Justice

Provided that, except where cases or judicial acts are

assigned according to general directives or according to rules

made pursuant to subarticle (6), where the Chief Justice may be

challenged or may abstain from taking cognizance of a case for

any of the reasons mentioned in article 734(1)(a), (b), (c), (d)(ii)

and (iii), (e) and (g), the assignement of such a case shall be

made by the Senior Administrative Judge referred to in subarticle

(11).

(4) Whenever any judge, other than the Chief Justice, is

challenged or otherwise lawfully impeded, the Chief Justice

shall assign another judge to take cognizance of the case

Provided that, except where cases or judicial acts are

assigned according to general directives or according to rules

made pursuant to subarticle (6), where the Chief Justice may be

challenged or may abstain from taking cognizance of a case for

any of the reasons mentioned in article 734(1)(a), (b), (c), (d)(ii)

and (iii), (e) and (g), the assignement of a judge to take

cognizance of that case shall be made by the Senior

Administrative Judge referred to in subarticle (11).

(5) Without prejudice to the provisions of article 12(2),

and except where cases and judicial acts are assigned according

to general directives or according to rules made pursuant to

subarticle (6), where the Chief Justice is challenged or

otherwise lawfully impeded, the Senior Administrative Judge

referred to in subarticle (11) shall assign another judge to take

cognizance of the case.

(6) The Rule-Making Board established under article 29

may make rules providing for the manner of the distribution of

cases and other judicial acts for the purposes of subarticles (3),

(4) and (5).

(7) Any assignment, transfer or subrogation made by

the President of Malta, and any distribution of duties in general,

and the assignment of cases pursuant to a challenge or

abstention made by the Chief Justice or, as the case may be, by

the Senior Administrative Judge referred to in subarticle (11),

shall be deemed to have been properly and sufficiently notified

for all purposes if notice thereof is posted in such registry as the

Minister may under article 27 prescribe for the purpose before

or at the beginning of the period during which such assignment,

transfer, subrogation or distribution is to take effect.

(8) The registrar shall keep a record of all notices posted

up in terms of the last preceding subarticle and of the date of such

posting.

(9) Where any dispute arises as to whether a case or

other judicial act is to be assigned to one judge or to another

judge sitting in the same court or in the same chamber or section

of a court, or when a dispute arises as to which chamber or

section of a court is to deal with a particular case or a particular

judicial act, the matter shall be referred to the Chief Justice who

shall, in camera, determine the judge or chamber or section to

which the case or judicial act shall be assigned. The

determination by the Chief Justice shall be registered in the

records of the case and shall be final

Provided that where the Chief Justice may be

challenged or may abstain from taking cognizance of that case

or judicial act for any of the reasons mentioned in article

734(1)(a), (b), (c), (d)(ii) and (iii), (e) and (g), the determination

shall be made by the Senior Administrative Judge referred to in

subarticle (11).

(10) When more than one judge is assigned to sit in a

chamber or section of a court not being an appellate court, the

Chief Justice may designate one of the judges as President of

that chamber or section; such designation shall be for a

specified time or until another judge is so designated. The Judge

so designated shall perform such duties and functions as may be

assigned by the Chief Justice or as may be provided by any law

for the time being in force.

(11) For the purposes of this article, and in order to

perform the duties listed in this article, the Chief Justice shall

nominate a Senior Administrative Judge.''.

Subarticle (1) of article 12 of the Code shall be substituted

by the following new subarticle

''(1) The provisions of articles 8, 9, 10 and 11(1) shall,

mutatis mutandis, also apply to the President of the Court of

Appeal.''.

Article 15 of the Code shall be substituted by the following

new article

''15. The provisions of articles 8, 9, 10 and 11 shall,

mutatis mutandis, apply to magistrates; and the references to the

Senior Administrative Judge in subarticles (3), (4), (7) and (9) of

article 11 shall be construed as references to the Senior

Magistrate referred to in article 7(2).''.

Article 29 of the Code shall be amended as follows

(a)

for subarticle (1) thereof, there shall be substituted

the following

''(1) There shall be a Board composed of the Chief

Justice, as chairman, who shall also have a casting vote, a

judge ordinarily sitting in the Court of Appeal and a

magistrate appointed by the President of Malta on the

recommendation of the Chief Justice, the Attorney

General, the President of the Chamber of Advocates and

the President of the Chamber of Legal Procurators whose

function shall be to make rules, to be called Rules of Court,

for the purposes specified in subarticle (2) or in any other

provision of this Code or of any other law.''.;

(b) in subarticle (2) thereof, for the words from “Rules

of Court may be made generally” to the words “but without

prejudice to the generality of the aforesaid -”, there shall be

substituted the following

''Rules of Court may be made generally in respect

of all matters concerning the conduct of the courts and the

conduct of causes with the object of ensuring a proper and

efficient administration of justice and, in particular, but

without prejudice to the generality of the aforesaid -'';

(c)

for paragraph (a) of subarticle (2) thereof, there shall

be substituted the following

''(a) for governing the conduct of the courts and

for securing and maintaining order and decorum within the

building of the courts;'';

(d) immediately after paragraph (g) of subarticle (2)

thereof, there shall be substituted the following new paragraph

''(h) for fixing the sessions of the forensic year and

the vacation days in the superior and inferior courts, and

matters ancillary or incidental to such sessions and

vacation days:''; and

(e)

immediately after subarticle (7) thereof, there shall

be added the following new subarticle

''(8) Without prejudice to the provisions of

subarticle (7), the Chief Justice may, in his discretion,

transfer any case from one court to another

Provided that in the execution of this function

the Chief Justice shall discuss the matter with the judges or

magistrates concerned, either during any of the meetings

convened in accordance with subarticle (6) or during an ad

hoc meeting held for the purpose.''.

In the proviso to article 34 of the Code, immediately after

the words ''from such judgment of the First Hall of the Civil Court''

there shall be added the words ''or from any section of the said Civil

Court''.

In subarticle (1) of article 47 of the Code for the words ''of

an amount not exceeding five thousand liri'' there shall be

substituted the words ''of an amount not exceeding ten thousand

liri''.

Article 79 of the Code shall be substituted by the following

new article

''79. No person shall exercise the profession of advocate

without the authority of the President of Malta granted by

warrant under the Public Seal of Malta.''.

(1) In article 117 of the Code for the words ''Every

sworn application or other warrant of the superior courts shall be

issued in the name of the Republic of Malta'', there shall be

substituted the words ''Every warrant of the superior courts shall be

issued in the name of the Republic of Malta''.

(2) The provisions of subarticle (1) shall be deemed to have

come into force as from the 1st January 2006

Provided that any procedure which has been commenced

after the 1st January 2006 up to the date of the coming into force of

this article of this Act shall remain valid as though it had been

commenced in accordance with the provisions of article 117 of the

Code, as amended by subarticle (1) of this article.

In subarticle (1) of article 152 of the Code, immediately

after the words ''but not later than six months after the filing of the

application for appeal'', there shall be inserted the words ''and the

payment of the deposit''.

Article 166A of the Code shall be amended as follows

(a)

in subarticle (1), for the words ''five thousand liri'',

wherever they occur, there shall be substituted the words ''ten

thousand liri, or such other sum as may be established from

time to time by Order in the Gazette by the Minister''; and

(b) immediately after sub-paragraph (ii) of subarticle

(5) thereof, there shall be added the following new proviso

''Provided that the said application shall be

appointed for hearing within two weeks.''.

Subarticle (3) of article 167 of the Code shall be Amendment of

article 167 of

substituted by the following new subarticle

the Code.

''(3) The provisions of article 156(1)(a), (b) and (c), (2)

and (3) and of article 159 shall apply to the said sworn

application.''.

In subarticle (1) of article 173 of the Code, for the words Amendment of

''such orders or directives be communicated by the registrar even by article

the Code.

letter to the advocates or legal procurators of the parties or to the

parties themselves'' there shall be substituted the words ''such orders

or directives be communicated by the registrar even by letter to the

advocates or legal procurators of the parties, which letter is to be

handed personally to such advocate or legal procurator, and, by post,

to the parties themselves''.

Article 195 of the Code shall be amended as follows

Amendment of

article 195 of

the Code.

(a)

paragraph (a) of subarticle (2) thereof shall be

substituted by the following new paragraph

''(2) (a) The Court shall -

(i) at the first hearing of both at first

instance as well as at the court of appeal stage, make

a record stating the parties who have been served

with the application, with the application on oath or

with the application on appeal as the case may be

and, if it is determined that there are any parties who

have not been so served, give such orders as it may

deem fit so that services may be effected or other

acts prepared; and

(ii) at the first hearing of both the pre-trial

stage and the trial stage, plan in advance, after

consulting with the advocates of the parties, all the

sittings to be held as well as the projected date of

judgement and shall also direct the parties on what

evidence and submissions it expects to be made at

each sitting

Provided that the court shall, for grave reasons to be

expressly stated in the records of the case or for reasons of

urgency, call any other sittings and request any other

evidence or submissions it deems fit.'';

(b) subarticle (3) thereof shall be substituted by the

following new subarticle

''(3) Unless rules of court are made under article

29, all causes shall be appointed for hearing within two

months and sittings shall be held on a bi-monthly basis.'';

and

(c)

subarticle (5) thereof shall be renumbered as

subarticle (6) thereof and, immediately after subarticle (4)

thereof, there shall be added the following new subarticle

''(5) (a) Where a cause has been pending before a

particular court for three or more years, any party to the case

may, personally, and without the need of representation by

any advocate, present an application, (which application

shall, however, not form part of the acts of the case) to the

Chief Justice requesting that, for the simple reason that the

cause has taken so long, the presiding member of the court

be changed and the case assigned to another member of the

judiciary; the decision of the Chief Justice, which shall be

taken in camera, shall be final and conclusive; and where

such assignment takes place there shall be no need for any

notification of such assignment.

(b) Where a cause has been pending for judgment

before a particular court for eighteen months or more, any

party to the case may, personally, and without the need of

representation by any advocate, present an application,

(which application shall, however, not form part of the acts

of the case) to the Chief Justice for this purpose, and the

Chief Justice may, for the simple reason that the judgment

has taken so long to be delivered, allow the request for the

presiding member of the court to be changed and for the

case for judgment to be assigned to another member of the

judiciary; the decision of the Chief Justice, which shall be

taken in camera, shall be final and conclusive; and where

such assignment takes place there shall be no need for any

notification of such assignment.

(c) The Chief Justice shall draw up a yearly report

on any causes transferred in accordance with the provisions

of paragraphs (a) and (b), detailing the possible reasons for

such delays, and shall send the report to the Commission for

the Administration of Justice. The Commission shall take

such action as it may deem appropriate in accordance with

the provisions of the Commission for the Administration of

Justice Act, and shall, within three months, publish such

report.''.

The Regulations which appear in the Schedule to this Act Publication of

shall be published as regulations made by the Minister responsible for regulations.

justice by virtue of the powers under article 195 of the Code of

Organization and Civil Procedure.

Article 218 of the Code shall be substituted by the Substitution of

article 218 of

following new article

the Code.

''218. The court shall in the judgment premise the reasons

on which the decision of the court is based, and shall include a

reference to the proceedings, the claims of the plaintiff and the

pleas of defendant

Provided that the Rule-Making Board appointed

under article 29 may, by Rules of Court, derogate from the

provisions of this article.''.

Subarticle (4) of article 223 of the Code shall be Amendment of

article 223 of

substituted by the following new subarticle

the Code.

''(4) In the case of any frivolous or vexatious appeal or

re-trial, the Court of Appeal or the Constitutional Court may

award double costs against the appellant in favour of the

respondent.''.

Subarticle (1) of article 249 of the Code shall be Amendment of

article 249 of

substituted by the following new subarticle

the Code.

''(1) Saving the provisions of the proviso to article 209(1)

and unless otherwise provided in any other law, in the case of an

appeal from judgments or decrees given in a cause initiated by

sworn application, security for costs is to be produced and

deposited in court within twelve months from the date of the

notification of the amount to be deposited or, if the appeal is to

be heard earlier than twelve months from the notification herein

mentioned, not later than two days before the date set for the

hearing of such appeal.''.

Article 258 of the Code shall be substituted by the Substitution of

article 258 of

the Code.

following new article

''Procedure for

258. Where -

enforcement of

(a)

a period of ten years has

executive titles.

expired since the day on which

according to law an executive title

mentioned in paragraph (a) of article

253, in respect of judgments and decrees

of the Superior Courts could have been

enforced; or

(b) a period of five years has

expired since the day on which

according to law an executive title

mentioned in paragraphs (a), (c) and (d)

of article 253, in respect of judgments

and decrees of the Inferior Courts or of

the Small Claims Tribunal could have

been enforced; or

(c)

a period of three years has

expired since the day on which

according to law an executive title

mentioned in paragraphs (b), and (e) of

article 253, or in respect of proceedings

taken under article 166A could have

been enforced,

the enforcement may only be proceeded with

upon a demand to be made by an application

filed before the competent court. The

applicant shall also confirm on oath the nature

of the debt or claim sought to be enforced, and

that the debt or part thereof is still due.''.

Subarticle (1) of article 734 of the Code shall be amended

as follows

(a)

paragraph (g) thereof shall be re-numbered as

paragraph (h); and

(b) immediately after paragraph (f) thereof, there shall

be added the following new paragraph

''(g) if the advocate or legal procurator pleading

before a judge is the brother or sister of the said judge;''.

Article 811 of the Code shall be amended as follows

(a)

the marginal note thereof shall be substituted by the

following new marginal note ''New trial of decided causes.''; and

(b) for the words from ''A new trial of a cause'' to the

words ''in any of the following cases:'' there shall be substituted

the words ''A new trial of a cause decided by a judgment given

in second instance or by the Civil Court, First Hall, in its

Constitutional Jurisdiction, may be demanded by any of the

parties concerned, such judgment being first set aside, in any of

the following cases:''.

(1) In article 876A of the Code, for the words ''829 and Amendment of

article 876A of

844'' there shall be substituted the words ''829 to 844''.

the Code.

(2) Prohibitory injunctions issued before the coming into force

of subarticle (1) of this article shall remain in force as though made

under the provisions of the articles of the Code as amended by the

provisions of this Act.

Paragraph (a) of subarticle (1) of article 925 of the Code Amendment of

article 925 of

shall be substituted by the following paragraph

the Code.

''(a) act in the best interest of the person admitted to the

benefit of legal aid, and may not demand any form of payment

from that party;''.

Immediately after article 925 of the Code, there shall be Addition of

article 926 to

added the following new article

the Code.

''Companies not

926. Companies registered under the

entitled to legal aid.

Companies Act shall not be entitled to the

benefit of legal aid.''.

Subarticle (1) of article 1203 of the Civil Code shall be Amendment of

article 1203 of

substituted by the following new subarticle

the Civil Code.

''(1) Without prejudice to the provisions of article

381(1)(f), (g) and (h) of the Code of Organization and Civil Cap. 12.

Procedure, set-off shall not take place to the prejudice of the

rights acquired by a third party.''.

(1)

The Partition of Inheritances Act is hereby repealed. Repeal of

Partition of

Inheritances

(2) Notwithstanding the provisions of subarticle (1), any cause

Act.

pending before the Partition of Inheritances Tribunal shall continue to

be heard before the said Tribunal until final decision.

(1) Paragraph (a) of article 50 of the Merchant Shipping

Act shall be substituted by the following new paragraph

''(a) judicial costs that are incurred in respect of the sale

of the ship and the distribution of the proceeds thereof as well as

the expenses mentioned in article 867(5) to (11) of the Code of

Organization and Civil Procedure, incurred by the Malta

Maritime Authority in pursuance of its functions under article

867 of the said Code or incurred by the person in whose favour

the warrant of arrest of a ship was issued, also in terms of the

2006. same article 867;''.

(2) Subarticle (2) of the new article 866 of the Code of

Organization and Civil Procedure, as this new article is added by

article 100 of the Code of Organization and Civil Procedure

(Amendment) Act, 2006, shall be substituted by the following

subarticle

''(2) The warrant is executed for all effects of the law

when notice is served on the executive officer of the authority

who has the sea vessel in its hands or under its power or

control.''.

(3) Article 867 of the Code of Organization and Civil

Procedure, as this new article is added by article 100 of the Code of

Organization and Civil Procedure (Amendment) Act, 2006, shall be

amended as follows

(a)

for subarticle (5) thereof there shall be substituted

the following new subarticle

''(5) All expenses as may be necessary for the

preservation of the arrested ship or vessel shall, from the

moment that the warrant of arrest is served on the Malta

Maritime Authority, be borne by the party issuing the

warrant, saving his right to recover such expenses together

with his claim.''; and

(b) immediately after subarticle (5) thereof there shall

be added the following new subarticles

''(6) Within seven days from the issuing of the

warrant of arrest of the ship or vessel, the Authority shall

send by registered mail to the person in whose favour the

warrant of arrest has been issued a request in the form of

an invoice containing an estimate, covering a period of

three weeks, of the expenses anticipated as necessary for

the preservation of the arrested ship or vessel.

(7) The person in whose favour the warrant of

arrest was issued shall be bound to provide to the

Authority, within fourteen days from the receipt of such a

request, security, in the form of either cash or a bank

guarantee, guaranteeing the payment of such an invoice.

(8) In the event that such a creditor fails to pay to

the Authority the said actual sum or fails to provide the

guarantee within the stipulated time, the Authority may file

an application for the issue of a counter warrant

whereupon the said warrant shall cease to have any force

and effect and this without prejudice to the Authority’s

rights to recover from the creditor any amounts due to it in

pursuance of the exercise of its functions and

responsibilities under this article.

(9) In the event that following the payment of the

invoice containing the estimate, the person in whose

favour the warrant is issued files a counter warrant

allowing the vessel to leave, the Authority shall, within

fourteen days, refund to such a person the difference

between the expenses actually incurred by the Authority

for the duration of the vessel’s stay and the amount paid by

such a person.

(10) If one week prior to the expiration of the three

week period above referred to it appears that the vessel is

to remain under arrest for longer than the three week

period covered by the first invoice, the Authority shall

issue a further invoice for a further three weeks’ period and

shall continue to re-issue further invoices covering three

week periods if one week prior to the expiry of the relevant

three week period it appears that the vessel is to remain in

Malta. Within fourteen days from the receipt of the further

invoices issued by the Authority, the person in whose

favour the warrant of arrest would have been issued shall

provide the security stipulated in subarticle (7), failing

which the Authority may resort to the remedy referred to in

subarticle (8).

(11) In cases where the invoices are issued for

further three week periods as indicated in subarticle (10),

followed by settlement of such invoices by the person in

whose favour the warrant was issued, and the person in

whose favour the warrant is issued files a counter warrant

requesting the court to release the vessel from arrest, the

Authority shall within fourteen days refund to such person

the difference between the expenses actually incurred by

the Authority for the duration of the vessel’s stay and the

amount paid by such a person.''.

(4) Subarticle (3) of the new article 872A of the Code of

Organization and Civil Procedure, as this new article is added by

article 100 of the Code of Organization and Civil Procedure

(Amendment) Act, 2006, shall be substituted by the following

subarticle

''(3) Following the arrest of a ship or vessel in any port or

harbour in Malta and on the application of the Malta Maritime

Authority, a court may, if it is satisfied that because of its cargo,

its length or draught and, or other circumstances concerning

safety, pollution, navigation or port operation, it is advisable

that the seagoing vessel should leave port without delay, order

that the ship or seagoing vessel be shifted from that port or

harbour to any other anchorage within territorial waters.''.

(1) Article 15 of the Code of Organization and Civil

Procedure (Amendment) Act, 2006, shall be amended as follows

(a) for the words ''after article 293'' there shall be

substituted the words ''after article 304'', and for the words ''new

articles 294 to 300'' there shall be substituted the words ''new

2006. articles 305 to 311''; and

(b) the numbers of the new articles 294, 295, 296, 297,

298, 299 and 300, as contained in the said article 15, shall be

renumbered as articles 305, 306, 307, 308, 309, 310 and 311

respectively.

(2) Article 17 of the Code of Organization and Civil Procedure

(Amendment) Act, 2006, shall be amended as follows

(a)

for the words ''after article 300'' there shall be

substituted the words ''after article 311'', and for the words ''new

articles 301 to 312'' there shall be substituted the words ''new

articles 312 to 312K'';

(b) the numbers of the new articles 301, 302, 303, 304,

305, 306, 307, 308, 309, 310, 311 and 312 as contained in the

said article 17, shall be renumbered as articles 312, 312A, 312B,

312C, 312D, 312E, 312F, 312G, 312H, 312I, 312J and 312K

respectively;

(c)

in subarticle (2) of article 312B, as renumbered, for

the words ''in article 309'' there shall be substituted the words

''in article 312K'';

(d) in article 312H, as renumbered, including the

marginal note thereto, for the words ''articles 297 and 300'' there

shall be substituted the words ''articles 308 to 311''; and

(e)

in subarticles (1) and (2) of article 312J, as

renumbered, for the words ''article 310'' there shall be

substituted the words ''article 312I''.

(3) In subarticle (3) of the new article 315 of the Code of

Organization and Civil Procedure, as that new article has been added

by article 22 of the Code of Organization and Civil Procedure

(Amendment) Act, 2006, for the words ''articles 297, 300 and 357''

there shall be substituted the words ''articles 308, 311 and 312F''.

(4) In the new article 388C of the Code of Organization and

Civil Procedure, as that new article has been added by article 74 of

the Code of Organization and Civil Procedure (Amendment) Act,

2006, for the words ''articles 858 and 860'' there shall be substituted

the words ''articles 868 and 870''.

(5) In article 845 of the Code of Organization and Civil

Procedure, as that article has been substituted by article 90 of the

Code of Organization and Civil Procedure (Amendment) Act, 2006,

for the words ''articles 278, 279 and 282'' there shall be substituted the

words ''articles 275, 276 and 279''.

(6) Article 846 of the Code of Organization and Civil

Procedure, as that article has been substituted by article 91 of the

Code of Organization and Civil Procedure (Amendment) Act, 2006,

shall be amended as follows

(a)

for the words ''in article 276'' in subarticle (1)

thereof, there shall be substituted the words ''in article 282''; and

(b) for the words ''articles 278 to 304'' in subarticle (3)

thereof, there shall be substituted the words ''articles 275 to

293''.

In the new article 865 of the Code of Organization and

Civil Procedure, as this new article is added by article 100 of of the

Code of Organization and Civil Procedure (Amendment) Act, 2006,

for the words ''A warrant of arrest'' there shall be substituted the

words ''A precautionary warrant of arrest''.

2006.

Article 107 of the Code of Organization and Civil

Procedure (Amendment) Act, 2006 shall be amended as follows

(a)

the current provision shall be renumbered as

subarticle (1) of that article; and

2006. (b) immediately after the proviso to subarticle (1), as

renumbered, there shall be added the following new subarticle

''(2) Executive garnishee orders, as in force before

the coming into force of the provisions of this Act, need

not be extended. The provisions of this subarticle shall be

deemed to have come into force on the 24 October, 2006.''.

Article 98 of the Code of Organization and Civil Procedure

(Amendment) Act, 2006, shall be deleted.

2006.

Article 100 of the Code of Organization and Civil

Procedure (Amendment) Act, 2006, as that article has been amended

by article 29 of this Act, shall be amended as follows

(a)

for the words ''new articles 855 to 872C'' there shall

be substituted the words ''new articles 855 to 865'';

2006. (b)

the present articles 855 to 864 shall be deleted;

(c)

the words ''Sub-title VI'' shall be substituted by the

words ''Sub-title V''; and

(d) the present articles 865, 866, 867, 869, 870, 871,

872, 872A, 872B and 872C shall be renumbered as articles 855,

856, 857, 858, 859, 860, 861, 862, 863, 864 and 865

respectively.

Paragraph (h) of article 273 of the Code of Organisation and Amendment of

273 of

Civil Procedure, as this article has been substituted by article 4 of the article

the Code as

Code of Organization and Civil Procedure (Amendment) Act, 2006, amended by

article 4 of the

shall be deleted, and paragraphs (i) and (j) shall be renumbered as Code of

Organization

paragraphs (h) and (i) respectively.

and Civil

Procedure

(Amendment)

Act, 2006.

Act XIV of

2006.

Article 2 of the Code of Organization and Civil Procedure Deletion of

article 2 of the

(Amendment) Act, 2006 shall be deleted.

Code of

Organization

and Civil

Procedure

(Amendment)

Act, 2006.

Act XIV of

2006. ''SCHEDULE

(Article 17)

L.N.

of 2007

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12)

Trial of Causes relating to Division of Property and to Succession

Regulations, 2007

IN exercise of the powers granted by article 195 of the Code of

Organization and Civil Procedure, the Minister responsible for justice

has made the following regulations:-

1. The title of these regulations is the Trial of Causes relating Title.

to Division of Property and to Succession Regulations, 2007.

2. A cause relating to the division of property and succession Cause relating

shall, when set down for trial, unless otherwise provided for in the to

division of

property and

Code of Organization and Civil Procedure, be tried uninterruptedly to succession to be

tried

a conclusion.

uninterruptedly.

3. Nothing in these regulations shall prevent the court from Decision of

deciding a cause on the day stated in the application where the claim cause

on the day

stated in the

is not contested or the court is satisfied that the plaintiff has no claim application.

or the defendant has no valid defence.

4. The adjournment of a cause shall not be granted except for

the purpose of compliance with any procedure laid down in the Code

of Organization and Civil Procedure or, in exceptional circumstances,

in accordance with the provisions of regulation 5.

5. A cause may be adjourned in exceptional circumstances

only if the court is satisfied that such circumstances exist and so states

in the decree ordering the adjournment specifying those

circumstances, and only on an application filed by the party

demanding the adjournment not later than two working days before

the day due for hearing or, if the cause of the adjournment arises after

the expiration of the said time limit, as soon as practicable thereafter;

and the application shall specify in detail the circumstances justifying

the demand and shall be confirmed on oath by the applicant or, if the

applicant is absent from Malta or is otherwise unable to confirm the

application in person, by the advocate signing the application who

shall, in such case, further confirm on oath the applicant’s inability to

confirm it himself.''.

Passed by the House of Representatives at Sitting No. 540 of the

19th June, 2007.

A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives