Code of Organization and Civil Procedure (Schedule A)

L.N. 102 of 1980

CODE OF ORGANIZATION AND CIVIL PROCEDURE (CAP. 15)

Code of Organization and Civil Procedure (Schedule A)

(Amendment) (No. 3) Regulations, 1980

IN exercise of the powers eonferred by seetion 1003 of the Code of

Organization and Civil Proeedure, the Minister of Justice, Lands,

Housing and Parliamentary Affairs, with the concurrence of the Minister

of Finance, Customs and People's Financial Investments, has made the

fol1owing regulations:-

(1) These regulations may be cited as the Code of Organiza­

tion and Civil Procedure (Schedule A) (AmendmenO (No. 3) Regula­

tion, 1980 , and shall be read and construed as one with Schedule A an­

nexed to the Code of Organization and Civil Procedure, hereinafter

referred to as "Schedule A".

(2) These regulations shall come into force on the 17th day

of December, 1980.

TARIFF

A

Fees payable in the Registry of the Superior Courts of Justice, and in the Registry of

the Court of Magistrates of Judicial Police for the Islands of Gozo and Cornino in its

Superior Jurisdiction

!'e m

For the issue or filing of any aet of procedure inc1uding referees'

reports and cireular letters required in Bankruptcy proceedings, for the

lodgement into the Court of Appeal of the record whether of proceedings

in a Superior Court or of proceedings in a Court of Magistrates of Judicial

Police, for the execution of any warrant by the Marshal, for the affixing of

the seal of the Court where this is prescribed by law or ordered by the Court,

for any certificate, for legalising any note to be registered in the Public

Registry Office and generally for any aet of procedure not otherwise pro-

50.0

2. For every adjudieation of immovables, ships and sea craft of any

denomination, motor vehic1es of any denomination, maehinery. merchan-

dise, and other goods not being household goods:-

50.0

For every noo of part thereof

For every copy, for every page

For Tariff A of Schedule A there shall be substituted the First

Schedule to these regulations; for Tariffs B, C, and D of Schedule A there

shall be substituted the Second Schedule to these regulations; and for

Tariffs E, F, G, H, I, L, M, N and 0 of Schedule A there shall be sub­

stituted resoectivelv the Third. Fourth, Fifth, Sixth, Seventh, Eighth,

Ninth, Tenth and Eleventh Schedules to these regulations

Provided that in respect of judicial acts filed prior to the com­

ing into force of these regulations no fee additional to what was actual1y

paid as Registry fee shall be due or shall be levied by the Registrar nar

shall any such fee be due or levied because of anything done in any law­

suit pending on the date of the coming into force of these regulations.

SCHEDULES

IRegulation 2)

TARIFF

B

Fees payable in respect of executive Acts

For the p ub l i ca t ion of adverts i n t he Govemment Gazette:­

1. For every insertion

. . .

2. Fo r the services of the crier:-

the fee leviable in accordance with the Auctioneers Law (Cao. 6)

'

is p ayab l e on adjudi c ati o n

.

3. For transport expenses when the warrant or order is to be executed

in the same Island in which lt has been filed or made

For transport expenses when the war r a n t or order is to be executed

4. in an Island different from that in which the warrant or order had been

filed or made

In a ddi t i on to the fees established in this Tariff. th e r e shall be pa i d

the expense for the transport of the things seized a nd any ot h e r expense

which may have been incurred in connection with the e x ec u t ion of any

warrant or with any ju d ic i a l saJe by auction, according to the bi1l of the

Marshall.

The Marshall may also demand a deposit sufficient to cover the

above expenses before giving effect to any execution.

In no case, however, shall a fee less than 25c be levied.

TARIFF

C

Fees payable in respect of Acts filed in the Courts of voluntary jurisdiction

For every decree on an application for -

authority to alienate or hypothecate property;

authority to settle a dowry;

authority to assign a sacred patrimony or a supplement thereto;

the taxation of fees to Advocates. Notaries. etc

the issue of banns;

the publication of notices;

a declaration of the opening of a succession;

an order for the opening of a secret will;

the appointment of referees of experts to make any taxation, or

to examine accounts or for any other matter;

the appointment or confirmation of tutors, curators, testamentary

executors or other administrators;

admission of a party to accept an inheritance;

authority to draw up an inventory or for exemption therefrom;

the revocation or surrogation of an entail;

the approval of accounts. the giving of a discharge or for authority

to give a discharge;

authority to effect a voluntary sale by auction;

authority to alter the conditions under which a marriage has been

contracted;

the issue of edicts;

legitimation, adoption or authority to adopt

interdiction or incapacitation;

any other matter not specifically provided for;

authority to compete for a marriage legacy.

NOTE: No fee shall be levied for any decree ordering the communication or

service of any act to or on a party, or for any application for admission to Institute

approved by Government.

For the issue and posting up of edicts:-

2. where the value of the property or hypothecation does not exceed

where it exceeds fi 0 ...

3. For a schedule completing the edicts

4. For the drawing up of notices to be published in newspapers

5. For banns, summonses or edicts, each

6. For the filing of every answer, note, protest, report or lodgment

schedule ...

.

.

.

.

.

.

.

.

.

.

.

.

. . ,

, ,

,

.

, ,

7. For the presentation of each secret wil1

8. For any obIigation entered in the acts of the Court

where the value of the estate does not exceed n 00

where the value of the estate exceeds 1:100 for the first 1:100

.

.

.

for every additional f100 or fraction thereof

9. For the administration of an oath

...

For the affixing of the seal of the Court

10. For every taxation

from

to

12. The fee for every copy, service, search, hi re of vehicle, certificate

or other act or proceeding not provided for in this Tariff, shall be regulated

according to the sale of fees fixed for the Courts of contentious jurisdiction.

13. For every report on a reference as to taxations of fees ...

from

to

14. For examination of accounts ...

from

to

For every curatorship in cases of discharge ...

15. For every curatorship in connection with edicts

NOTE: The Court may, for good cause, grant to the referee Of curator a

higher fee than that respectively fixed in Nos. 13, 14 and 15.

FOURTHSCHEDULE

TARIFF

D

Fees payable in the re gi stry of the Court of Magistrates of Judicial Po!ice

for the Island of Malta and of the Court of Magistrates of Judicial Police

fo!" the IsJands Qf GOZ9 and Comino in its Interior lurisdiction

Where the amount

Where the amount

of the c1aim

of the c1aim

exceeds ±:20

does not exceed

f20

1:em

1: c m

of

writ

every

of

fi1ing

l. For the

1.50,0

20,0

summons or notice

(which includes

n as Registry

2. For every warrant of seizure, or

ejection. or gamishee order, or impediment

20,0

of departure. or counter-warrant

Where the amount

Where the amount

of the claim

of the c1aim

does not exceed

exceeds f20

1:20

fcm

fcm

3. For the execut ion of any of t h e above

warrants Of counter-warrant ...

4. For every schedule or application ...

15,0

5. F o r every note of a pp e a l

...

20,0

6. For every other written p le a di n g

20,0

7. For every copy, for every 100 words

10;0

8. For every service

25,0

9. For every Taxed Bill

10,0

10. The same fees established lil the

preceding paragraphs of this tariff respectively

shall be paid on appeal.

lI. For the legalisation of a note o f h yp o ­

thec to be registered in the Public Registry ...

25,0

For every service, inc1uding any other additiona1

fees for service

payable under this Tariff or any other Tariff

TARIFF

E

Fees payable to Advocates, Legal Procurators and Official Curators

t. (a) For each note of app e a l for each note of acceptance of banns

,

and for each protest against the sufficiency of a bail for costs, even jf

such protest is not fited separately ...

(b) For each note required to be filed in Commercial Court

under the provisions of the ComrnerciaI Code (Chapter 17) ...

(c) For every note of submission filed in any Court, provided

that the total fee taxed for the case does not exceed f100

from

t o

2. (a)

For each application for summoning o f witnesses

...

(b) For each first application for sale of irnmovables (including

research in the Public Registry, the ordering of certificates of hy p othe c ;

and perusal of relative deeds)

(c)

For each other application

(d) For any application filed after office hours or on a Sunday

or public holiday, there shall be taxed an additional fee of ...

For each ap pl ic a tion filed in the C o u rt of Voluntary Jurisdiction

3. (i) if it concerns the admission of rninors to an industrial school

or to an approved school ...

(iD

if it concerns the candidature in a marriage legacy Of the

renewal of an authorisation previously given, or the taxing of fees ...

(iiD in all other cases Onc1uding notes of acceptance or waiver

of an inheritance) ...

Provided that an additional fee shall be taxed when the drawing

up of the app1ication, and/or the preparation and/or the filing of the

relative documents, entails more work than is ordinarily 1'equired.

4. For each attendance during sittings befo1'e the Court of Voluntary

J urisdiction

5. (a) For each lodgment schedule, even if such lodgment is made

with 01' following a schedule of redemption

when the value does not exceed i200 ...

(i)

(iD when the value exceeds i200 but not n ,000, the fee

shall be increased by one per centum ( l %) for every additional

i100 or part thereof;

(lii) when the value exceeds il,OOO but not ilO,OOO, the fee

shall be increased by 75 cents for each additional ilOO or part

thereof;

(iv) when the value exceeds n o.ooo bu t not f50,000, the fee

shall be increased by 50 cents for each additional f100 Of part

thereof;

when the value exceeds [50,000, the fee shall be in­

(v)

creased by 15 cents for each adrlitional 1::100 or part thereof.

(b)

For each schedule or set-off or redemption

when the value does not exceed i200 ...

(j)

(ii) when the value exceeds 1::200 but not fl,OOO the fee

shall be increased by i1.50,0 for each additional i1 00 Of part

thereof;

(iii) when the value exceeds il,OOO, but does not exceed

flO,OOO the fee shalI be increased by n for each additional flOO Of

part thereof;

(i v) when the value exceeds ilO,OOO but not 1::50,000, the fee

shall be increased by 50 cents for each a rl dit i o n al :000 or part

thereof

(v) when the value exceeds f50,OOO, the fee shall be in­

creased by 20 cen t s for e a ch additional f100 or patt thereof.

These fees are inclusive of advice concerning the right of claim

set-off or exercise redemption.

6. (a) For advice to a party against whom the right of redemption

is exercised concerning the vaIidity of the schedule and the - right of

the party exercising redemption and about procedure to be followed,

including assistance thereat, the fees established in sub-paragraph (b)

of paragraph 5 shall apply.

(b) For advice to the deposito1' concerning a request for the

withdrawal in wh01e or in part of the money or other thing deposited

(i)

when the value does not exceed i200 ...

(ii) when the value exceeds i200 but not i2.000, the fee

shall be increased by 50 cents for every additional E100 Of part

thereof;

B

(iii) when the va1ue exceeds ;(2,000, the fee shall be in­

creased by 20 cents for every additiona1 ;(100 or part thereof.

7. For private 1etters

from

to

(a)

For the drafting of a judicial 1etter. whether filed or not

8. For the drafting of a judicial protest, whether filed or not

(b)

Provided that when the above acts are not followed by judicial

proceedings a fee, to be assessed by the Registrar, shall be allowed for

the advice 1eading to the drafting of the said acts. On request, the fee

shall be registered on the act itse1f by the Registrar.

For the drafting of each hypothecary protest

9. Provided that a fee shall be assessed for the perusal of entries of

hypothec and of re1ative deeds, taking into consideration the number of

entries and deeds perused, their importance and/or the amount involved

from

to

1 0. For every attendance, before a referee or before a Supplementary

Judge and for every attendance at an inspection in faciem [ad, whether

ordered by the Court or required by the cJient

if the attendance does not 1ast more than two hours

(i)

(ii) if it 1asts more than two hours, and provided this circumstance

is expressly noted in a proces-verba1 signed by the referee,. the Supp1e­

mentary Judge or the Deputy Registrar, as the case may be, the fee

shall be increased by fI in respect of each additional hour or part

thereof.

1 1. When the attendance referred to

at paragraph 10

takes

place

outside Valletta, the fee shall be

1 2. If the attendance referred to in the 1ast preceding paragraph lasts

more than two hours, and provided this circumstance is express1y noted in a

proces-verbal signed by the referee, the Supplementary Judge or the Deputy

Registrar, as the case may be, the fee shall be increased by fI in respect

of each additional hour or part thereof.

13. ( 1) For drafting or perusal of a deed for publication by a Notary

Public, which includes fees due for advice, research into 1iabilities and

transfers, tracing of root of immovab1es, and attendance at pubIication

(a)

if the value of the interest concemed -

(i)

does not exceed ;(200

. . .

from

to

(iD exceeds ;(200 but does not exceed ;(3,000, per ;(1 00 or

part thereof

(iiD exceeds ;(3,000 but does not exceed f:2 5,OOO, per ;(1 00

or part thereof

(iv) exceeds ;(2 5,000 but does not exceed ;(50,000. per ;(100

or part thereof

(v) exceeds ;(50,000 but does not exceed f75,000, per ;(100

or part thereof

in respect of any value in excess of f75.000. per fl00

(vi)

or part thereof

(b) if the value of the interest ,concemed

not expressed in

IS

money the fee shall be

... from

to

(c) if the deed refers to a lease agreement, commodatum,

precarium, marriage-settlement, promise of marriage, inventory,

donation, separati on of spouses (sa long as the community of acquests

is not involved), deposit or waiver, the fee shall be threc-fourths of that

established under (aJ or (b) of this sub-paragraph.

(2) When, in connection with the drafting or perusal of a deed to

be published by a Notary Public, an Advocate does not perform all the

services referred to in sub-paragraph (l) of this paragraph, the fee therein

established shall be assessed in proportion to the services performed unless

the Advocate assumes the professional responsibi1ity for the deed, in which

case the fee established in that such paragraph shall be due.

(3) When the Advocate is actlng for the vendor or transferor in

a sale or other transfer or the borrower in a contract of loan or where one of

the parties in a contract is the Govemment, the fees, assessed on the basis of

this paragraph and whi1e taking into account only the services actually per­

formed, shall not exceed one-third of the whole fee established in sub­

paragraph ( 1 ) of this paragraph.

14. To curators appointed to attend at publication of a deed on behalf

of absentees or defaulters for attendance and for perusal of the deed from

to

15. For advice concerning the drawing up of llotices for purposes of

the Death and Donation Duty Act, 1973, inc1uding the actual drawing up

. . . from

of such notices ...

to

When the value exceeds f5,000 such fee shaH be increased by

50 cents for every additional f:l 00 or part thereof.

When the liquidation of the community of acquests is necessary

for the drawing up of a notice, and the value of the community of acquests

exceeds the value of the estate to be dec1ared, such fee shall be taxed on

the value of the community of acquests

Provided that in all cases the value shall be taken to be the

greater sum between the assets and the liabilities of the estate or of the

community of acquests.

16. (a) For the drawing up of private wntmgs containing an

agreement of a promise of sale, bethrotal, commodatum or use, arbitra­

tion or the drawing up of statutes of associations and of civil

partnerships, contract of locatio operis

from

to

(b) For the drawing up of any other private writing containing

an agreement which, according to law, is as valid as if it had been

carried out in virtue of a public deed, the fees mentioned in paragraph

13 shaH apply.

For authentication of signatures Of marks, in respect of each

(c)

individual signature or mark for the drawing up of a power of

attorney or any declaration, sworn or otherwise, and inc1uding any

necessary authentication of signatures or marks

...

from

to

(d) For the drawing up of the memorandum and articles of a

commercial partnership

. . . from

to

Provided that where the value of the issued and subscribed share

capital is more than .f5.000, an additional fee of .fI per .fl,OOO or part

thereof shall be taxed

Provided further that where one of the parties is the Government

the fee shall not exceed 50 per centum of that assessable as above.

For the drawing up of Income Tax Returns

from

17. to

Provided that when for the drawing up of such returos extra­

ordinary ca1culations, examination of deeds or private instruments, balance

sheets or insurance policies are necessary, an additional fee shall be taxed.

18. For the drawing up of a note of registration and for attendance at

the Public Registry in connection with the filing of same

from

19. For advice given verbal1y

(a)

to

from

For an opinion in writing

(b)

to

The fees established hereby may for a good reason be increased

in specific cases by the Court of Voluntary Jurisdiction, by means of a

decree given on application of the party interested.

20. For each definitive judgement

in respect of the first noo, per .f100 or part thereof

(i)

in respect of any value in excees of the first .f200 up to

(ii)

.f500. per .f100

in respect of any value in excess of the first .f500 up to

(iii)

B,OOO, per .f100 .

. .

in respect of any value in excess of the first B.OOO up to

(iv)

.flO,OOO. per .f100

in respect of any value in excess of the first .f1O,000 up to

(v)

.f50.000, per .f100

in respect of any value in excess of the first .f50,OOO up to

(vi)

.f75,000, per .f100

in respect of any value in excess of the first .f75,000 up to

(vii)

.f 100,000, per .f100

(viii)

in respect of any value in excess of .f 0

l 0.000.

Provided that in respect of the claims referred to in No. 7 (b) of

Tariff A. the fee shall be taxed on one-ha1f of the maximum fixed by law

for the penalty contemplated therein.

21. When a declaration containing a decision of any point of law or

of faet eoncerns a value determinate or determinable according to law or

from the records of the proceedings, the fee in respect of that decision shall

be taxed in accordance with paragraph 20, on the value so determined.

22. For any other necessary declaration containing the decision of

any point of law or of fact

from

to

23. In causes for the partition of property, independently of the

number of demands contained in the writ of summons there shall be taxed

only one fee ad valorem as in paragraph 20 on the greater sum between

the assets and the liabilities of the property to be divided - provided that

in causa mortis such fee shall be taxed on the value established as above

of each particular estate to be divided between the parties, saving that such

fee shall in no case be less than

For the filing of a judi.cia1 letter and for the issue by the Registrar

of any letter required by the Code of Organisation and Civil Procedure or

For the issue of a bill of costs, for every page

TARIFF

G

Fees payable to Accountants and other Referees

l. The fee payable to accountants shall be taxed at l per centum

(l %) on the amount of the subject-matter of the references, subject to a

minimum of f5 and a maximum of fl,OOO.

2. To other experts, for any valuation:­

on the first f500 or part thereof

on any further amount over f500, for every flOO or par t thereof

Provided that the fee shall in no case exceed f500.

3. The fees prescribed in the preceding numbers of this Tariff shall

incIude the remuneration for making the report, accounts and statements,

for holding sittings, and for attendance in Court and elsewhere where neces­

sary, but they shall not include the expense necessary for carrying out the

reference.

4. Where owing to the special circumstances of the case, it appears

to be just that, besides the fees above established, an additional fee be

allowed to the referee or expert, it shall be in the power of the Court, upon

hearing the parties interested, to allmv such additional fee at its discretion.

Any such additional fee may be determined beforehand by the

Court in the decree appointing the referee or experts, or by separate decree

but in no case otherwise than by decree.

5. The taxation made by the Registrar may be appealed against by

any referee or party in the manner prescribed under section 667 of this

Code.

6. Fees due to taxing experts in the Court of Voluntary lurisdiction

shall be regulated in accordance with No. 13 of Tariff C.

For each definitive judgement

TARIFF H

Fees leviab!e by the Archivists of the Courts in Malta and Gozo

1. For the inspection of, and the search for any case file,

record of

proeeedings Of other act

For every copy, for every page

2. If after the inspection of, or the search for any document, a copy

of the same is ordered to be made, an amount corresponding to the fee paid

for the inspection of, or the searching for the said document shall be de­

ducted from the amount of the fee for the copy.

No fee shall be levied for the inspection of, or the search for any

act deposited in the Archives within the four years previous to the demand.

in r espe ct of the first noo, per fl 00 or part thereof

(i)

(ii)

in respect of any value in excess of the first noo up to

f500, per f100

in respect of any value in excess of the first f500 up t o

n,OOQ, per f100

in respect of any value in excess of the first 0,000 up to

(iv)

flO,OOO, per flOO

(v)

in respect of any value in excess of the first flO,OOO up to

f50,000, per fl 00

in respect of any value in excess of the first f50,000 up to

(vi)

05,000, per flOO

(vii)

in respect of any value in excess of the first 05,000 up to

flOO,OOO, per f100 ...

(viii)

in respect of any value in excess of f100,000, per f100 ...

(b)

In the case of actions brought by the Government under the

Stamp Duties Ordinance (Chapter 68), or under the Death and Dona-

tion Duty Act, 1973. where the c1aim or any of the c1aims is for the

recovery of a pena1ty incurred by the defendant with in the highest

amount fixed by law, the fee in respect of such claim shall be taxed on

the amount of the penalty awarded by the Court

Provided that where such claim is wholly disallowed, the fee shall

be taxed on the lesser amount of the penalty fixed by law.

NOTE: In no case shall a fee less than n.oo,o be taxed.

In addition to the fees established in this number, a fee shall be

!evied for a copy of the judgement to be filed in the record of the cause.

In assessing the fees laid down in this number, fractions of f 1 of

the amount on which the assessment is made, shalI not be computed.

TARIFF I

Fees payable for stenographers employed in causes before the Courts

and for electro.magnetic recording of judiciaI proceedings

(1) Retaining fee for each stenographer for each sitting (morning and

afternoon sessions to be considered separately)

Transcription fee for every 100 words or part thereof

Fee in lieu of transcription ...

Recording fee payable once by each party producing witnesses

(2)

Transcription fee for every 100 words or part thereof

For every decree in the cause

For the examination of every witness

TARIFF J

Fees payable in connection with sea-protests or proceedings c oncerning average before

the CommerciaI Court

For the filing of any

application

regarding

sea-protests

or

proceedings touching average ...

To the Advocate for any such application ...

2. For the examination of every witness

3. Fees payable to the Judge Delegate

4. (i)

if the sea-protest takes place between 9.00 a.m. and 4.00 p.m.

if it takes place in whole or in part outside those hours .,.

(ii)

Each of the said fees shall be increased by 50 cents for every

half-hour or fraction thereof if the sitting lasts more than two hours.

To the Deputy Registrar when the sea-protest takes place in

whole or in part out of office hours

If the sitting lasts more than two hours the said fee shall be

increased by 20 cents for every half hour or part thereof.

(b)

To the Clerk or other person so acting for transcribing the

sea-protest and depositions, for every page or part thereof

(c)

To the Messenger when the sea-protest takes place in whole

or in part out of office hours

If the sitting continues after 4.00 p.m. the fee due to

Messengers shall be increased by 15 cents for every half-hour or part

To the Advocate for examining any report touching average or for

6. assisting in the drawing up of a sea-protest ...

Registry fee for the filing of any report touching average ...

7. To the Interpreter there shall be paid a fee of

8.

9. W h e n the sea-protest is drawn-up on board a ship or at the

Quarantine Office or on a p ub li c holiday, to the above fees shaH be added

To the J udge Delegate

To th e Deputy Registrar

To th e Clerk

.

. .

To t he Messenger

To the Advocate

T o t he I n terp r e t e r

(a)

T h e sea-protest shall be drawn up in English;

(b)

An Interpreter shall be employed when the declaration is

made or the evidence given in a language with which the

Judge Delegate is not conversant.

ELEVENTHSCHEDULE

TARIFF L

Fees payable in respect of proceedings under section 293A of the Civil Code, Cap, 23

Registry fee for the fi1ing of any application or note

For sub-poena of witness - for each witness

For e very copy of any application or note - for every page

To the Advocate or Legal Procurator, for any application or note

For other services in connection with these proceedings . .

from

.

to

Ippubblikat mid.DipartIment ta' l-Informazzjoni - Publlshed b y t M Depar/ment o f Informa/Ian

Stampat fI-U.C.S. - SlIunperi]a tal-Gvem

Prlnltrl af tM C.O.S.

Government P,lntln, hesa

-

-

-

For every necessary declaration in a judgement

from

to

lO. In causes for the partition of property, independently of the num­

ber of demands contained in the writ of summons there shalI be taxed only

one fee ad valorem as in No. 7 on the greater sum between the assets and

liabilities of the property to be divided - provided that in causes of parti-

B

tion of property causa mortis such fee shall be taxed on the value estab­

lished as above of each particular estate to be divided between the parties,

saving that such fee shall in no ease be less than ...

TARIFFAJ

Drittijiet li jitgħallsu għal Testimonjali jew proċeduri għal Avarija quddiem

il-Qorti tal-Kummerċ

Għal

preżentata ta' rikors dwar testimonjali jew d wa r p r oċ ed ur i

1. ta' avarija

Lill-Avukat għal kull rikors

2. Għall-eżami ta' kull

x hu

d

3.

4. Drittijiet li jitħallsu lil Imħallef Delegat

jekk it-testimonjal isir bejn id-9 a.m. u 1-4 p.m.

(i)

jekk isir kollu jew f'parti barra dawk il-ħinijiet

(iD

Kull wieħed minn dawn id-drittijiet għandu j i żd ied b'50 ċenteżmu

għal kull nofs siegħa jew parti min-nofs siegħa jekk is-seduta ddum iżjed

minn sagħtejn.

5. (a) Lid-Deputat Reġistratur meta t-testimonjal isir kollu jew f'par­

ti barra mill-ħirujiet ta' l-uffiċċju ...

Jekk ig..seduta ddum iżjed minn sagħtejn l-imsemmi dritt għandu

jiżdied b'20 ċenteżmu għal kull nofs siegħa jew parti min-nofs siegħa.

(b) Lill-Iskrivan jew persuna oħra li tagħmilha ta' hekk għat­

traskrizzjoni tat-testimonjal u tax-xhidiet. għal kull paġna jew parti

minn paġna

(ċ) Lill-Messaġġier meta t-testimonjal isir kollu jew parti barra

mill-ħinijiet ta' l-uffiċċju ...

Jekk is-seduta tkompli wara 1-4 p.m. id-dritt dovut li1l-Messaġġiera

għandu jiżdied bi 15-i1 ċenteżmu għal kull nofs siegħa jew parti minn nofs

siegħa.

6. Lill-Avukat għall-eżami ta' rapport dwar avarija jew biex jassisti

fil-kitba ta' testimonjal

Dritt tar-Reġistru għall-preżentata ta' rapport dwar avarija

7. Lill-Interpretu għandu jitħallas dritt ta'

8.

9. Meta t-testimonjal jiġi miktub abbord ta' bastiment jew fl-Uffiċċju

tal-Kwarantina jew fi btala pubblika, mad-drittijiet ta' hawn fuq għandu jiż­

died

Lill-Imħallef Delegat

E2.00,0

Lid-Deputat Reġistratur

1.00,0

Lill-Iskrivan

75,0

Li1l-Messaġġier

50,0

Lill-Avukat

3.00,0

Li11-Interpretu

1.00,0

NOTI

(a)

It-testimonjal għandu jinkiteb bI-Ingliż;

Għandu jiġi mpjegat interpretu meta d-dikjarazzjoni ssir jew ix-xiehda

(b)

tingħata f'1ingwa li l-Imħallef Delegat ma jkunx jaf.

B

IL-ĦDAX-IL SKEDA

TARIFFA L

Drittijiet li għandhom jitħallsu għal proċedimenti taħt l-artikolu 293A

tal-Kodiċi Ċivili, Kap 23

fem

Dritt

tar-Reġistru

għall-preżentata

ta'

kull rikors

jew nota

2.00,0

ta' xhieda

Għal taħrikiet

għal kull

xhud

15,0

Għal kull kopja ta'

kull rikors jew nota: ---

għal kull

faċċata

25,0

Lill-Avukat jew Prokuratur Legali,

għal kull rikors jew nota

1.00,0

Għal servizzi oħra dwar dawn

il-proċedimenti

mmn

50,0

sa

2.00,0

F'kawżi ta' diviżjoni ta' proprjeta, indipendentement min-n umru

ta' talbiet li jkun hemm fiċ-ċitazzjoni għandu jiġi ntaxxat dritt wieħed biss

ad valorem bħal fin-Nru. 7 fuq l-akbar somma bejn l-attiv u l-passiv tal-pro­

prjeta li għandha tiġi maqsuma - iżda f'kawża ta' diviżjoni ta' proprjeta

causa martis dak id-dritt għandu jiġi ntaxxat fuq il-valur stabbilit kif intqal

fuq ta' kull assi partikolari li għandu jiġi maqsum bejn il-partijiet, sal v li dak

id-dritt ma għandu fl-ebda każ ikun anqas minn

In causes for the partition of property where the partition of all

property involved cannot be carried out except by way of lieitation, provided

that s u c h a dem and is made in the writ of summons and upheld in the final

judgement, the fee shall be assessed at the rate of one half per centum H%)

on the value of the property in licitation, provided that in no case shall such

fee be more than that assessed as provided in No. 7 or less than ..

.

In actiolls respecting the payment of annuities, allowances, and

the like, if the amount be indeterminate the fee shall be assessed as provided

in No. 7011 the amount awarded in the final judgement, provided that in no

case shall such fee be ]ess than

In ac t ions of maintenance the fee assessed shall be one-quarter per

centum (!%) on the amount of maintenance payable under the judgement

for a period of ten years, provided that if the order ref e r s to provisional

maintenance the fee s h a ll be . . .

from

to

In actions of filiation, in other aetions concerning the status of

individuals and in actions relating to the separatioll of married persons, irres­

pective of the number of declarations involved, but saving the fee in respect

of any decision on any point of law 01' of faet which concerns a value

determinate Of determinable, there shall be assessed a fee ...

from

to

iS. In actions relating to the ranking of creditors the minimum fee

shall be

Provided that

(i) when there is eontestation of the claim either

to

as

th e

amount 01' as to ranking the fee shall be as at No. 7;

where there is admission of the claim but such claim does not

(ii)

resu1t from a previous executive title, the fee shall be as at No. 20.

. .

Iżda

(i) meta jkun hemm kontestazzjoni tat-talba sew dwar l-ammont

jew dwar i1-gradwazzjoni d-dritt ikun bħal fin-Nru. 7;

(ii) meta jkun hemm ammissjoni tat-talba, iżda dik it-talba ma

tirriżultax minn titolu esekl1ttiv preċedenti, id-dritt għandu jkun bħal

fi n -Nru 20.

.

In bankruptcy proeeedings. where there is no contestation concern­

ing the proof of a claim, the fee in respect of that proof of a claim shall be

that established in No. 9.

In any other actioll of adjudication upon competing claims. referred

to in seetion 429 of the Code of Organization and Civil Procedure, there

shall be assessed a fee as in Nos. 7 and 20.

In causes concerning the validity of a pre-emption or redemption

Of the implementation of a promise of eonveyance, the value in the ease for

the p u rposes at No. 7 shall be the value of the property pre-empted or

redeemed Of of which the conveyanee was promised.

In eases of judgements of non-suit given on pleas touching the

principalmerits of the eause, the fees laid down in Nos. 7-18 shall be taxed;

in all other cases of judgements of non-suit one-half of the said fee shall be

taxed

Provided that the fee herein assessed sha11,

in respect

of c1aims

mentioned in No 7(b), be taxed on the 1esser amount of the pena1ty fixed

by 1aw.

In cases where the claim is a dm it t ed before any contestation

thereol1, o n c t h i r d of the fees estab1ished in Nos. 7-18 of this Tariff sha11 be

-

taxed.

(i) I n cases of c om p r om i s e or discontinuance before the cause

has been set down on the list, one-third of the fees established in N os

.

7-18 s ha l l be t axe d

Provided that in any such case no fee shall be levied for the filing

of the note wh e r e b y the proceedings are d i s contin u ed .

(iD I n cases of c om p r omise or discontinuance after the cause has

been se t down on the l i s t one-half of the fees established in Nos. 7-18

,

shall be taxed.

On appeal, the fees laid down in Nos.

7-21 inclusive shall be

increased by one-third.

For the s e a rchin g for and i n s p e c t ion of a n y a pp1i c a tio n for the

withdrawal of any moneys or thin gs lodged in Cou rt or any l o dg e m en t

schedule, or any s c hed ul e or set-off, pr e e mp tio n or re d e m pt i on w h i c h s ha l l

-

have been filed m or e than four years previous to the dem and

In causes for the partition of property where the partition of all

property involved cannot be carried out except by way of licitation,

provided that such a demand is made in the writ of summons and upheld

in the final judgement, the fees due to each Advocate in the cause shall be

taxed at the rate of one per centum (l %) on the value of the property in

licitation provided that in no case sha 11 sueh fee be more than that assessed

according to No. 20 01' ]ess than

In actions respecting the payment of annuities, allowances and the

like, if the amounts be indeterminate the fee shall be taxed as provided in

paragraph 20 on the amount awarded in the fina1 judgement, provided that

in no case shall such fee be 1ess than ..

In actions of maintenance the fee shall be one-half per centum H%)

on the amount of maintenance payable under the judgement for a

period of ten years, provided that if the order refers to provisiona1

maintenance the fee shall be ...

from

to

In actions of filiation, in other actions concerning the status of

individuals and in actions relating to the separati on of married persons

irrespective of the number of declarations inv01ved, but saving the fee in

respect of any decision on any point of law 01' of fact which concerns a

value determinate or determinable, there shall be allowed a fee

from

to

In actions relating to the ranking of creditors the minimum fee

shall be

Provided that -

(i) when there is contestation of the claim either as to the

amount or as to ranking the fee shall be as at paragraph 20;

(ii) where there is admission of the claim, but such claim does

not result from a previous executive title, the fee shall be as at

paragraphs 35, 36, 37 and 38, as the case may be.

To the advocate of the party making the lodgment there shall be

allowed the fee of

But if there be contestation as to the amount lodged, the provisions

contained in paragraph 20 shall apply.

B

bankruptcy proceedings.

is no contestation

ce rning

of a claim. the fee

proof of a c1aim

�«L'U()l"JU. for a dec1aration.

be that

other action of

upon co mp eting

31,

referred to in s e c tion 429 of the Code of Organization and Civil Procedure.

there shall be taxed a fee as p rovided in paragraphs 20. 25 and 43.

In causes concerning the validity of a pre empt i on or redemption

-

or the implementation of a prom i s e of c onv e yance the value in the c ause

,

for purposes at p a r a gr a ph 20 shall be the value of the property p re empted

-

or redeemed or of which the conveyance was promised.

decree in the cause

judgement is g iven

judgements of

s ha ll be allowed

principal merits of

established in paragraph 20; in any o the r case one-half of

Advocate the

the fee a fores a id shall be a ll o w ed

.

Where a c a use is d i scontinu e d in fi r s t Of in se c ond instance

F'każ ta' sentenzi ta' ħelsien mill-osservanza tal-ġudizzju, jekk

is-sentenza tiġi mogħtija fuq eċċezzjonijiet li jolqtu l-meritu prinċipali tal­

kawża, jingħata lill-Avukat id-dritt stabbilit fil-paragrafu 20; f'kull każ ieħor

jingħata nofs id-dritt imsemmi qabel.

(i) after the libel or the writ of summons or the petition has

been filed, there shall be a l l owe d to the A d voc a te of the plaintiff one-

when the cause is

established in

the statem en t of

answer has been

the defen d a nt

be allowed to the

the cause is taxable

e st a blis hed at par a g r a ph

In case of comp r omise or discont.inuance at any other stage of the

proceedings s u bs equent to contestation but p rior to the he a r ing of the cause,

or in case of admission at any st a ge prior to the commencement of the hear­

ing t here shalI b e allowed one ha l f of the fees established at paragraph 20

-

when the cause is taxable ad valorem.

com p romise or

admission

takes

37,

... ... ,,�"u

two-thirds of

commencement of. the

after

established

the cause is

20 shall be

ad valorem,

Jekk it-transazzjoni jew lc-cessjom Jew l-ammissjoni jsiru wara li

jibda s-smiegħ tal-kawża. jingħataw żewġ terzi tad-dritt stabbilit fil-para­

grafu 20 meta l-kawża tkun taxxabbli ad valorem.

If the comp r omise or discontinuance or admission takes place after

the c a use ha s been a djo u rned for judgement the w hole fee established in

p a rag ra ph 20 shall be allowed, when the cause is taxable ad valorem.

(a) If more than one Advocate is briefed by the same party in

the same action, each of the Advocates shall be entit1ed to the whole

of the established fee

that the party in

although he m a y have

one A d vocate

,

not be entitled to claim from the party cast mo r e than one whole fee.

(b) W h e r e there are two or mo r e p l ai n t i ffs 01' two Of m o r e

defendants to a s uit each of the p a rties is entit l e d to h a ve his own

,

Advocates even if the

similar in respect

the plaintiffs or in respect of all the defendants; and the party ordered

to pay the costs sha11 be bound to pay the proper fees of all the Advo­

cates on the prevailing side so long as no one party claims costs in res­

pect of more than one Advocate.

If an Advocate abandons or is abandoned by his client

(i) after the libel, the application, the writ of summons or the

petition or the statement of defence or the answer has been filed, he

shall be entit1ed to one-third of the nomlal fee;

(ii) after the above stages but before the cause has been ad­

joumed for judgement he shall be entitled to two-thirds of the normaI

fee.

The fee due to an Advocate whose services have been engaged

after the former one has been abandoned by or has abandoned his client

before the cause is concluded sha11 be equal to the difference between the

full fee and the fee taxed to the former Advocate. The fee due to a third

and subsequent Advocate shall always be one-third of the full fee.

In every case covered by paragraphs 40 and 41, the party engaging

the services of more than one Advocate, one after the other, who happens

to be on the prevailing side, cannot claim from the party cast more than

one whole fee.

The fees due to Advoeates in eonneetion with professionaI ser­

vices requiring written pleadings, other than those referred to in paragraph

8, if sueh pleadings have been prepared but not filed shall be those estab­

lished in paragraph 22.

In eonneetion with professional services at paragraphs 20, 21, 34

to 38, 40 and 41 the minimum fee sha11 be fIO.

On appeal the fees laid down in paragraphs 20 to 43 inclusive,

sha11 be increased by one-third.

In regard to eauses before the Court of Magistrates of Judicial

Police for the Islands of Gozo and Comino in its superior jurisdiction, there

sha11 be taxed the same fees established in respeet of causes before the

Superior Courts and the provisions contained in paragraph 45 of this Tariff

shall also apply.

Legal Procurators shal1 receive one-third of the fees alIowed to

Advoeates as regards those judicial acts which bear their signature together

with that of an Advocate, and as regards services at paragraphs 9 and 10.

No fees however are taxable to them for any of the services mentioned

under the provis,o to paragraph 3 and the proviso to paragraph 8. For those

judiciaI aets which do not require also the signature of an Advocate and

which are signed only by a Legal Procurator, the fee shall be as that due

to an Advoeate.

The fees of official curators shall be those established in this

(a)

Tariff.

(b) Official curators when served with a copy of a judicial act,

in eonneetion with which they are nat expeeted to file any written

pleading shall be entitled to the same fee due to an Advoeate and

Legal Pl'ocurator for the same judicial act.

An additional fee of fS shall be taxed for every attendance,

when

an Advocate is required to appear before any Superior Court for any pie ad­

ings at an hour when the Registry is ordinarily

c1osed.

Advocates and Lcgal Procurators, when required t o appear before

the Courts of Magistrates of ludicial Police f o r th() Is l a n d of Malta, or be­

fore the Court of Magistrates of Judicial PoHce for the Islands of Gozo

and Comino in its i n f er i o r jurisdiction. shal1 be e nt i t le d to the following

fees

(a) For every decision of any p o in t of law or of f a c t contained

in a judgement

where the amount in i s s u e does n o t e xecee d f1 0

where the amount in issue exceeds flO but does not exceed f20

where the amount in issue exceeds f20 ...

(b) Where the cause is admitted, compromised or discontinued

at any stage of the proceedings the same fees set out in item (a) of

this paragraph shall be allowed.

(c) For the drawing up of a writ of summons or notice, the fil·

ing of which has not taken place

For each subpoena and relative app l i c ation

(d)

(e)

For every warrant, counter-warrant, application or note of

consent

(f)

For each lodgment schedule

where the value does not exceed f5

where the value exceeds f5

For a note of registration of a judgement or of

any other

(g)

executive title

(h)

For each attendance before a referee or

Supplementary

Magistrate and for each attendallce iil faciem laei

(i) When the attendance referred to at sub.paragraph (h) of this

paragraph takes place outside the a rea of the town or village where the

Court ordinarily holds its sittings

F o r each attendance before a Court re q u i r e d fOT t h e hearing

(j)

of a cause at an hour when the Registry is ordinarily closed but not dur­

ing an ordinary sitting. or on a S u n d a y or public holiday, in addition

to the fees mentioned in this p a r a g r aph an a d d i t i o n al fee of f2 shall

,

be taxed in respect of each a tt e n d a nee.

(a) Fees taxable to Advocates who are appointed as Legal

Referees shall be those mentioned in sub-paragraph (b) of paragraph

19 abovc for each opinion dealt with in the report. Any ca1culation or

computation of an amount to be awarded as damages or compensa­

tion by the Courts shall be deemed to be an opinion, but the maxi·

mum fee taxable for sueh an opinion shall be f75. T h e criterion

shall be that of the work involved and never the amount assessed by

the Legal Referee.

(b) The above fees shall also apply to Advocates who are ap­

pointed to report to the Co u rt of Voluntary Jurisdiction and for the

revision of accounts rendered.

(a) Saving any agreement reached between the administrator

and the parties concemed, and saving the fees due in respect of each

particular service performed by the administrator, the fees due for the

B

Għal kull kopja li għandha tiġi preżentata ma' l-oriġinal, għan-noti­

fika kif preskritt fis-sub artikolu (3) ta' l-artikolu 174 tal-Kodiċi ta' Organiz-

zazzjoni u Proċedura ċivili

F'kull każ meta dritt varjabbli huwa muri f'din it-Tariffa b'mini-

mu u b'massimu, id-dritt li għandu jitħallas f'każ partikolari għandu jkun

stabbilit mir-Reġistratur, skond l-importanza tal-każ partikolari

Iżda d-drittijiet kollha bħal dawk hekk intaxxati jkunu suġġetti

għar-reviżjoni mill-Qorti kompetenti fuq talba tal-persuna nteressata skond

id-dispożizzjonijiet ta' l-artikolu 62 tal-Kodiċi ta' Organizzazzjoni u Proċe­

dura ċivili.