Code of Organization and Civil Procedure

L.N. 36 of 2009

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12)

Code of Organization and Civil Procedure

(Schedule B) (Amendment) Regulations, 2009

IN exercise of the powers conferred by article 1007(3) of the

Code of Organization and Civil Procedure (Cap. 12), the Minister of

Justice has made the following regulations:-

The title of these regulations is the Code of Organization Citation.

and Civil Procedure (Schedule B) (Amendment) Regulations, 2009,

and these regulations shall be read and construed as one with the

Code of Organization and Civil Procedure, hereinafter referred to as Cap. 12.

"the Code".

No. 32

Warrant of Arrest of Sea Vessels

over ten metres in length (Precautionary)

Before ...........................................................

Warrant No. ........................................

Applicant

vs

Respondent ...............................................

Application of ............................................................

It is being respectfully submitted and confirmed on oath by .......................................:-

That the applicant seeks to safeguard a debt or a claim, whether in personam or in rem,

which could be frustrated by the departure of the sea vessel indicated in this warrant;

That the claim or debt is the following:-

That the details of the said sea vessel are the following:-

- Name:- ..............................................................................................................................

- Identification details of the sea vessel

1.

2.

3.

The two forms, respectively, relating to the Warrant of Addition of

Arrest of Sea Vessels (Precautionary) and the Executive Warrant forms

Schedule B of

of Arrest of Sea Vessels, as reproduced in the Schedule to these the Code.

regulations, shall be added after Form No. 31 in Schedule B of the

Code.

- Place where the said vessel is to be found ..........................................................................

- Authority: Malta Maritime Authority................................................................................

That by the departure of the said sea vessel from Malta, the debt or claim of the

applicant may be evaded;

Therefore, the applicant respectfully requests that this Court orders the issue of a

Warrant of Arrest of Sea Vessels against the said sea vessel for the herein mentioned credit and

for the costs of this procedure.

Advocate

Legal Procurator

Confirmed on oath before be after having read to him/her the contents, and filed by:-

Nru. 32

Warrant of Arrest of Sea Vessels

over ten metres in length (Precautionary)

Court Order

Republic of Malta

Warrant No..................................................

Whereas the attached application has been filed and there exist sufficient grounds

according to law for the issuance of the Warrant of Arrest of Sea Vessels;

The Court thus:-

Orders the Malta Maritime Authority or any other authority so designated by the

Minister and which has in its hands or under its control the sea going vessel against which such

warrant is being issued, to seize the vessel and not release such sea vessel or allow the debtor

to divest himself in any way from the same in whole or in part or to give or surrender to any

person any rights on the same;

Orders the same authority to take all necessary measures to display the court order for

the general attention of third parties;

Orders the Executive Officer to execute this warrant by serving it on the executive

officer of the authority which has in its hands or under its control the sea going vessel against

which such warrant is being issued;

Orders the Executive Officer serve a copy of the warrant on the person whose ship or

vessel is arrested, the master or other person in charge of such ship or vessel or the agent of

such ship or vessel;

Orders the Executive Officer to take all necessary actions to ensure the execution of this

warrant, including the seizure and removal of all travel documentation of the same ship or

vessel.

Given by the Court

Today

Executive Warrant of Arrest of Sea Vessels

over ten metres in length

Before ...........................................................

Warrant No. ........................................

Applicant

vs

Respondent ...............................................

Application of ............................................................

It is being respectfully submitted and confirmed on oath by .......................................:-

That the applicant is in possession of an executive title and wishes to enforce same on

the sea vessel hereunder indicated, the execution of which title could be frustrated by the

departure of the sea vessel indicated in this warrant;

That the executive title is the following:-

That the details of the said sea vessel are the following:-

- Name:- ..............................................................................................................................

- Identification details of the sea vessel

1.

2.

3.

4. - Place where the said vessel is to be found .........................................................................

- Authority: Malta Maritime Authority................................................................................

Therefore, qthe applicant respectfully requests that this Court orders the issue of an

Executive Warrant of Arrest of Sea Vessels against the said sea vessel for the herein mentioned

credit and for the costs of this procedure and (1) order the sale of the said vessel or (2) fix a

time-limit within which the debtor is to pay the amount due.

Advocate

Legal Procurator

Confirmed on oath before be after having read to him/her the contents, and filed by:-

Executive Warrant of Arrest of Sea Vessels

over ten metres in length

(Order for payment)

Court Order

Republic of Malta

Warrant No. .................................................

Whereas the attached application has been filed and there exist sufficient grounds

according to law for the issuance of the order herein contained;

The Court thus:-

Orders the debtor to pay the amount due as requested within ................................ days,

and the present warrant shall remain in force definitively until payment of the full amount is

effected;

Orders the Malta Maritime Authority or any other authority so designated by the

Minister and which has in its hands or under its control the sea going vessel against which such

warrant is being issued, to seize the vessel and not release such sea vessel or allow the debtor

to divest himself in any way from the same in whole or in part or to give or surrender to any

person any rights on the same;

Orders the same authority to take all necessary measures to display the court order for

the general attention of third parties;

Orders the Executive Officer to execute this warrant by serving it on the executive

officer of the authority which has in its hands or under its control the sea going vessel against

which such warrant is being issued;

Orders the Executive Officer serve a copy of the warrant on the person whose ship or

vessel is arrested, the master or other person in charge of such ship or vessel or the agent of

such ship or vessel;

Orders the Executive Officer to take all necessary actions to ensure the execution of this

warrant, including the seizure and removal of all travel documentation of the same ship or

vessel.

Given by the Court

Today

Executive Warrant of Arrest of Sea Vessels

over ten metres in length

(Order of Judicial sale -

given after issuance of an Order for payment)

Court Order

Republic of Malta

Warrant No .................................................

Whereas the attached application has been filed and there exist sufficient grounds

according to law for the issuance of the order herein contained;

The Court thus:-

Orders the sale by judicial auction of the said vessel as indicated in the application;

Orders the Registrar to appoint experts in terms of article 89 of the Code of Organization

and Civil Procedure (Cap. 12) as may be required;

Sets the day, time and place of the judicial sale as being the following:-

Orders the Registrar to notify this decree to the Malta Maritime Authority or any other

authority so designated by the Minister and which has in its hands or under its control the sea

going vessel against which such warrant is being issued as well as on the person whose ship or

vessel is arrested, the master or other person in charge of such ship or vessel or the agent of

such ship or vessel.

Given by the Court

Today

Executive Warrant of Arrest of Sea Vessels

over ten metres in length

(Order of Judicial sale -

without the issuance of an Order for payment)

Court Order

Republic of Malta

Warrant No .................................................

Whereas the attached application has been filed and there exist sufficient grounds

according to law for the issuance of the order herein contained;

The Court thus:-

Orders the sale by judicial auction of the said vessel as indicated in the application;

Orders the Registrar to appoint experts in terms of article 89 of the Code of Organization

and Civil Procedure (Cap. 12) as may be required;

Orders that the appraisals of the expert/s are to be filed within ...................... days;

Orders the Malta Maritime Authority or any other authority so designated by the

Minister and which has in its hands or under its control the sea going vessel against which such

warrant is being issued, to seize the vessel and not release such sea vessel or allow the debtor

to divest himself in any way from the same in whole or in part or to give or surrender to any

person any rights on the same;

Orders the same authority to take all necessary measures to display the court order for

the general attention of third parties;

Orders the Executive Officer to execute this warrant by serving it on the executive

officer of the authority which has in its hands or under its control the sea going vessel against

which such warrant is being issued;

Orders the Executive Officer to take all necessary actions to ensure the execution of this

warrant, including the seizure and removal of all travel documentation of the same ship or

vessel.

Sets the day, time and place of the judicial sale as being the following:-

Orders the Registrar to notify this decree to the Malta Maritime Authority or any other

authority so designated by the Minister and which has in its hands or under its control the sea

going vessel against which such warrant is being issued as well as on the person whose ship or

vessel is arrested, the master or other person in charge of such ship or vessel or the agent of

such ship or vessel.

Given by the Court

Today