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The Code Of Organization And Civil Procedure (Amendment) (Act No. Vii Of 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. (1) The short title of this Act is the Code of Organization and Civil Procedure (Amendment) Act, 2007, and shall 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.

2. Article 7 of the Code shall be amended as follows:

(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:

Short title and commencement.

Amendment of article 7 of the Code.

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''(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.

Amendment of article 9 of the Code.

Substitution of article 11 of the Code.

(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.''.

3. 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''.

4. 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).
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(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
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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.

Amendment of article 12 of the Code.

Substitution of article 15 of the Code.

Amendment of article 29 of the Code.

(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.''.

5. 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.''.

6. 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).''.

7. 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
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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.''.
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Amendment of article 34 of the Code.

Amendment of article 47 of the Code.

Substitution of article 79 of the Code.

Amendment of article 117 of the Code.

Amendment of article 152 of the Code.

Amendment of article 166A of the Code.

8. 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''.

9. 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''.

10. 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.''.

11. (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.

12. 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''.

13. 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.''.
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14. Subarticle (3) of article 167 of the Code shall be substituted by the following new subarticle:

''(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.''.

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

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

16. Article 195 of the Code shall be amended as follows:

(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:

Amendment of article 167 of the Code.

Amendment of article 173 of the Code.

Amendment of article 195 of the Code.

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''(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.

Cap. 369.

(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.''.
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17. The Regulations which appear in the Schedule to this Act shall be published as regulations made by the Minister responsible for justice by virtue of the powers under article 195 of the Code of Organization and Civil Procedure.

18. Article 218 of the Code shall be substituted by the following new article:

''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.''.

19. Subarticle (4) of article 223 of the Code shall be substituted by the following new subarticle:

''(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.''.

20. Subarticle (1) of article 249 of the Code shall be substituted by the following new subarticle:

''(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.''.

21. Article 258 of the Code shall be substituted by the

Publication of regulations.

Substitution of article 218 of the Code.

Amendment of article 223 of the Code.

Amendment of article 249 of the Code.

Substitution of article 258 of the Code.

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following new article:

''Procedure for enforcement of executive titles.

258. Where -
(a) a period of ten years has 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.''.

Amendment of article 734 of the Code.

Amendment of article 811 of the Code.

22. 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;''.

23. Article 811 of the Code shall be amended as follows:

(a) the marginal note thereof shall be substituted by the
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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:''.

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

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

25. Paragraph (a) of subarticle (1) of article 925 of the Code shall be substituted by the following paragraph:

''(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;''.

26. Immediately after article 925 of the Code, there shall be added the following new article:

Amendment of article 876A of the Code.

Amendment of article 925 of the Code.

Addition of article 926 to the Code.

''Companies not entitled to legal aid. Cap. 386.

926. Companies registered under the Companies Act shall not be entitled to the benefit of legal aid.''.

27. Subarticle (1) of article 1203 of the Civil Code shall be substituted by the following new subarticle:

''(1) Without prejudice to the provisions of article
381(1)(f), (g) and (h) of the Code of Organization and Civil Procedure, set-off shall not take place to the prejudice of the rights acquired by a third party.''.

28. (1) The Partition of Inheritances Act is hereby repealed. (2) Notwithstanding the provisions of subarticle (1), any cause

pending before the Partition of Inheritances Tribunal shall continue to
be heard before the said Tribunal until final decision.

Amendment of article 1203 of the Civil Code. Cap. 16.

Cap. 12.

Repeal of

Partition of

Inheritances

Act.

Cap. 308.

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Amendment of article 50 of the Merchant Shipping Act and consequential amendments to the Code of Organization and Civil Procedure (Amendment) Act, 2006.

Cap. 234. Act XIV of

2006.

29. (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
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.
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(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
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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:

Amendment of various articles of the Code of Organization and Civil Procedure (Amendment) Act, 2006.

Act XIV of

2006.

''(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.''.

30. (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 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
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''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''.
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Amendment of article 865 of the Code as amended by article 100 of the Code of Organization and Civil Procedure (Amendment) Act, 2006.

Act XIV of

2006.

Amendment of article 107 of the Code of Organization and Civil Procedure (Amendment) Act, 2006.

Act XIV of

2006.

Deletion of article 98 of the Code of Organization and Civil Procedure (Amendment) Act, 2006.

Act XIV of

2006.

Amendment of article 100 of the Code of Organization and Civil Procedure (Amendment) Act, 2006.

Act XIV of

2006.

31. 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''.

32. 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
(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.''.

33. Article 98 of the Code of Organization and Civil Procedure

(Amendment) Act, 2006, shall be deleted.

34. 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'';
(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.
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35. Paragraph (h) of article 273 of the Code of Organisation and Civil Procedure, as this article has been substituted by article 4 of the Code of Organization and Civil Procedure (Amendment) Act, 2006, shall be deleted, and paragraphs (i) and (j) shall be renumbered as paragraphs (h) and (i) respectively.

36. Article 2 of the Code of Organization and Civil Procedure

(Amendment) Act, 2006 shall be deleted.

Amendment of article 273 of the Code as amended by article 4 of the Code of Organization and Civil Procedure (Amendment) Act, 2006.

Act XIV of

2006.

Deletion of article 2 of the 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 to Division of Property and to Succession Regulations, 2007.

2. A cause relating to the division of property and succession shall, when set down for trial, unless otherwise provided for in the Code of Organization and Civil Procedure, be tried uninterruptedly to a conclusion.

3. Nothing in these regulations shall prevent the court from deciding a cause on the day stated in the application where the claim is not contested or the court is satisfied that the plaintiff has no claim or the defendant has no valid defence.

Title.

Cause relating to division of property and succession to be tried uninterruptedly. Cap. 12.

Decision of cause on the day stated in the application.

A 306

Adjournment of causes.

Cap. 12.

Exceptional circumstances .

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.
ANTON TABONE

Speaker

RICHARD J. CAUCHI

Clerk to the House of Representatives