MT
Regulations, t98t
Statutory Text (3 Articles)
L.N. 96 of t98t
CODE OF ORGANIZATION AND CIVIL PROCEDURE (CAP. IS)
Code of Organization and Civil Procedure (Scħedule B) (Amendment)
Regulations, t98t
IN exercise of the powers conferred by subsection (3) of section
1006 of the Code of Organization and Civil Procedure, the Minister of
Justice, Lands, Housing and Par1iamentary Affairs, has made the fol
lowing regulations
t. (l) These regulations may be cited as the Code of Organiza
tion and Civil Procedure (Schedule B) (Amendment) Regulations, 1981,
and shall be read and construed as one with the Code of Organization
and Civil Procedure, hereinafter referred to as "the Code".
(2) These regulations shall come into force on the 15th day
of September, 1981.
For forms number 12 and 13 in Schedule B of the Code, there
(l) Dawn ir-regolamenti jistgħu jissejħu r-Regolamenti ta'
1-1981 li j e m end a w l-Iskeda B tal-Kodiċi ta' O r g a n izzazz j oni u Proċe
du r a Ċivili, u g ħ an dho m j i n qraw u jiftiehmu ħaġa w a ħda mal-Kodiċi
ta' Organizzazzjoni u P r oċ e dura Ċivili, hawnhekk iżjed 'il q u ddi e m
imsejjaħ i l K o d iċ i
"
-
".
(2) Dawn ir-regolamenti għ an dho m jibdew iseħħu fil-IS ta'
Settembru, 1981.
Amends Schedule
shall be
substituted the new form number 12/13, and for the forms
number 19, 21, 23, 24, 26 and 28 in the said Schedule B there shall be
substituted respectively the new f o r ms number 19, 21, 23, 24, 26 and 28
set out hereunder.
B
No. 12/No. 13
Subpoena Ad
Testificandum
and/or
Duces
Tecum
before
the Court/referee.
In
In the cause
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Application by
Respectfully demands the issue of a summons of a witness in the above-stated cause
against the person mentioned hereunder to attend for the sitting and at the time stated
hereunder, and/or to bring with him the documents.
Person summoned to attend as witness
Address
Date, time and place where he is to attend :
Documents to be brought by him:-
Advocate
Legal Procurator
This.
Fi1ed by
Deputy Registrar
B
No. 12!No. 13
Subpoena Ad Testificandum
and/Of Duces Tecum before
the Court/Referee.
REPUBLIC OF MALTA
COURT SUMMONS
To
Marshal1 of the Courts
WHEREAS pursuant to the above application in the above-stated cause pending
in this Court the evidence of the mentioned person is required;
You are, therefore, ordered to summon the said person to attend on the day and
time mentioned, and so on any other day and time in which the said cause may be
put off to give evidence in that cause and/Of to bring with him the documents indicated.
Y ou will also warn the said person that in case of disobedience to this summons,
he shaH be liable to the penalties established for contempt of Court, and he may
be compelled to attend by a warrant of escort or of arrest, and he shall be liable to all
other consequences to which, according to the provisions of the Code of Organization
and Civi1 Procedure, he may be Iiable for such disobedience.
And after execution, by delivery of a copy hereof to the said person or to his agent.
according to law, or upon your meeting with any obstacIe in the said service, you shall
forthwith report to this Court.
Given by the Court
Witness
of the said Court
Doctor of Laws.
This,
B
NO.19
Gamishee Order
In
(Creditor)
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(Debtor)
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Application by
Respectful1y sheweth/and confirms on oath:-
That this Court orders the issue of a Garnishee Order to be executed on the gar
nishee or garnishees as hereinafter mentioned, against the debtor for the debt herein
mentioned and for the costs of this procedure, as a precaution against the debt here
inafter indicated / by virtue of the executive title herein mentioned.
( Amount
I
�
Debt
Interest
I
l Costs
Title/Executive title:-
Ga rni s h ee /s
Advocate
Legal Procurator
This.
Confirmed on oath in my presence after I have read to him the contents, and
in the presence of
witness to identity, and filed by
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Deputy Registrar
B
No.19
Garnishee Order
REPUBLIC OF MALTA
COURT WARRANT
To
Marshall of the Courts
WHEREAS the above application has been filed and it contains the elements
required according to Jaw for the issue of the orders herein contained;
You are therefore, on the said application, hereby ordered that, by delivering a copy
of this order, in the first place, to the aforesaid garnishees and subsequently to the
debtor, you shall enjoin the said garnishees to retain in their possession as sequestered
until the expiration of the time for which this warrant shaH remain in force according
to law, or until further order, or otherwise, to deposit in the Registry of this Court, so
much of the said articles or money appertaining to the said debtor as may be sufficient
to satisfy the aforementioned c1aim of the said creditor together with the costs hereof
under penalty of the payment of damages and interest, in case of disobedience.
And after execution, or upon meeting with any obstacIe in the execution hereof,
you shall forthwith report to this Court.
Given by the aforesaid Court
Doctor of Laws
and witnessed by
of the said Court.
dayof
This
B
NO.21
Warrant of Impediment of
Departure against a Person
(Applicant)
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vs
(Respondent)
Application of
Respectfully sheweth and confirms on oath:-
That the applicant seeks to safeguard the credit herein mentioned against the re s
pondent whom the applicant knows may depart from these
islands,
and
by
such
departure this credit may be evaded;
Therefore, the applicant resectfully requests that this Honourable Court orders the
issue of a warrant of impediment of departure against the respondent for the credit
herein mentioned and for the costs of this rrocedure.
Credit:-
Title/Executive Title:-
Advocate
Legal Procurator
dayof
This
Confirmed on oath before me, after having read the contents and in the presence
as witness to identity and filed by
Deputy Registrar
B
No.21
Warrant of Impediment of
Departure against a Person
REPUBLIC OF MAL TA
COURT WARRANT
To
MarshaU of the Courts
WHEREAS the above application has been filed and it contains the elements
required according to law for the issue of the Orders herein contained.
You are, therefore, on the said application, hereby ordered that, by delivering
a copy of this Warrant, to the said debtor you shall enjoin the same not to leave these
Islands without the knowledge and consent of the said creditor or without giving suf
ficient bail in security of the c1aim of the said creditor and without appointing an attor
ney with proper instructions under the penalties for cantempt of Court, as well as taking
the proper steps to prevent the departure of the said debtor until further orders.
Y ou are further ordered to enjoin, by the delivery of a copy hereof, the Comp
troller of Customs not to include in the ckarance pap::rs of any vessd the name of the
said debtor, and where such papers have already been delivered, to cancel therefrom
the name of the said debtor under penalty of payment of damages and interest to the
said creditor;
to enjoin by the delivery a copy
hereof the officer entrusted
with the
delivery of passports not to issue any passport to the said debtor under the said penalty
and to enjoin by delivery of another copy hereof the Commissioner of Police not to
allow the said debtor to leave these Islands, under the said penalty.
Lastly, you are notified that this warrant shall, in defau1t of further orders of this
Court cease to have effect in six months' time from this day.
And after execution, or upon meeting with any obstacle in the execution hereof.
you shall forthwith report to this Court.
Given by the aforesaid Court
Doctor of Laws,
and witnessed by
of the said Court.
day of
This
B
NO.23
Warrant of Impediment of
Departure of a Vessel
(Applicant)
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vs
(Respondent)
Application of
Respectfully sheweth and confirms on oath:-
That the applicant seeks to safeguard the cr edi t herein mentioned against the said
respondent/vesse1.
That by the departure of such vessel from these Islands applicant's credit may be
evaded.
Therefore, the applicant respectfully requests that this Honourable Court orders
the issue of a warrant of impediment of departure against the said vessel for the
herein mentioned credit and for the costs of this procedure.
Credit
Title/Executive Title
Advocate
Legal Procurator
This,
dayof
Confirmed on oath before me, after having read the contents and in the presence
as witness to Identity and filed by
Deputy Registrar
B
NO.23
Warrant of Impediment of
Departure of a Vesse1
REPUBLIC OF MALTA
COURT WARRANT No.
Marshal1 of the Courts
To
WHEREAS the attached application has been filed and it contains the elements
required according to law for the issue of the orders here contained;
You are therefore, on the said application, hereby ordered to detain
the vessei
therein mentioned until further orders and to adopt such measures as may be necessary
for the said purpose.
You are further ordered to enjoin, by the delivery of a copy hereof, to the
Master of the said vessel, not to cause the ship to proceed on her voyage, and to the
Comptroller of Customs not to de1iver the c1earance papers of the said vessel, and, if
such clearance papers have already been delivered, to withdraw them, under penalty of
the payment of damages and interest to the said applicant.
Lastly, you are notified that this warrant sha11, in defau1t of further orders of this
Court cease to have effect in six months' time from this day.
And after execution, or upon meeting with any obstac1e in the execution hereof,
you sha11 forthwith report to this Court.
and witnessed by
Given by the Court
of the said Court.
Doctor of Laws,
day of
This,
B
No.24
Warrant of Seizure
In
(Creditor)
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vs
(Debtor)
Application of
Respectful1y sheweth and confirms on oath
That this Court orders the issue of a warrant of seizure against the said debtor
for the amounts/objects hereinafter mentioned and for the costs of this procedure,
as precaution for the credit mentioned below/in execution of the executive title men
tioned below.
( Amount
Debt
{Interest
l Costs
Title/Executive Title
Advocate
Legal Procurator
day of
This,
Confirmed on oath before me, after having
read the contents and in the presence
witness to identity and filed by .....................................
of
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Deputy Registrar
B
NO.24
Warrant of Seizure
REPUBLIC OF MALTA
COURT WARRANT
To
Marshal1 of the Courts
WHEREAS the above application has been filed and it contains the elements
required according to law for the issue of the orders herein contained.
You are, therefore, on the said application, hereby ordered to seize without delay
from the debtor hereinmentioned a p1edge equivalent to the debt/objects mentioned
in the application together with the costs of this warrant should he fail to pay or deposit
in the Registry of this Court the objects/amount mentioned as debts;
And after execution, or upon meeting with any obstacle in the execution hereof,
you shall forthwith report to this Court.
Given by the said Court
Doctor of Laws.
and witnessed by
of the said Court.
dayof
This
B
NO.26
Warrant of Ej e ct me nt
In
(Applicant) .................................................
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vs
(Respondent)
Application of
Respectfully requests:-
That this Court orders the issue of a warrant of ejectment against the respondent
(from the herein mentioned tenement) in execution of the judgment herein mentioned,
and whereas the respondent has so far fai1ed so to do.
Tenement
Judgment
Advocate
Legal Procurator
dayof
This,
Fi1ed by
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Deputy Registrar
No.26
Warrant of Ejectment
REPUBLIC OF MALTA
COURT WARRANT
Marshall of the Courts
Whereas by a judgment delivered by this Court, as stated in the aforementioned
application, respondent was condemned to quit the said tenement, and whereas the said
respondent has so far failed to do so;
You are therefore, on the said application ordered to cause the respondent to be
actually ejected from the tenement mentioned in the application leaving the same free
in favour of the said applicant, enjoining further the said respondent by deIivering a
copy of this warrant not to disturb the aforesaid application in the free enjoyment of
the said tenement, under the pena1ties established for contempt of Court.
And after execution, or upon meeting with any obstac1e in the execution. hereof,
you shall forthwith report to this Court.
Given by the aforesaid Court
Doctor of Laws,
and witnessed by
of the said Court.
day of
This
B
No.28
Counter-Warrant
Fol1owing the warrant of: ....................... ........
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................................................. No . ........
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issued on the ...............................................
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in the names:-
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Application of
Respectfully requests:-
That this Court orders the issue of the opportune counter-warrant on the grounds
herein mentioned.
Reason:-
Advocate
Legal Procurator
dayof
This.
Filed by
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Deputy Registrar
NO.28
Counter-Warrant
REPUBLIC OF MALTA
COURT WARRANT
Marshal1 of the Courts
Whereas, after the execution of the warrant referred to in the above application,
there are grounds according to law for which the same warrant should not remain in
force;
You are, therefore, ordered and commanded immediately to cause the effects of
the aforesaid warrant to be stayed by serving copies hereof on all persons served with
the preceding warrant.
And after execution, or upon your meeting with any obstacle in the execution
hereof you shall forthwith report to this Court.
Given by the aforesaid Court
Doctor of Laws,
and witnessed by
of the said Court.
dayof
This,
Ippubblikat mit-Taqsima tat-Tagħrif - Kastilja
Published by the Information Division - Kastilja
-
Mitbugħ
tal-Gvern
fl-Istampcrija
Printed at the
Govemment Printing Press
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