Cap. 55 · Notarial Profession And Notarial Archives (Cap. 55)
Cap. 55 Art. 126Seizure of acts and deposit thereof in the Archives in case of death, etc., of a notary.
TITLE I
(1) On the death of any notary, or, in default of appointment of a keeper in the case of absence of any notary from
Malta or of the cessation, suspension or incapacitation of any notary from the exercise of his office in any case under this Act, the Court of Revision shall order the acts, registers and indexes existing in the estate of the deceased notary or in the possession of the notary who is absent or has ceased to exercise his functions or has been suspended or incapacitated as aforesaid, even if such acts, registers and indexes were or are in his possession as keeper thereof, to be seized and deposited in the Archives as provided in article 70.
(2) For the enforcement of such seizure, the said court may order the search of any place where it has reason to believe that the said acts, registers and indexes may be found.
(3) The said court shall have the powers referred to in the foregoing sub-articles of this article whenever it has sufficient reason to believe that any notary, on account of insanity or other infirmity, is unable to exercise his office, notwithstanding that such notary shall not have yet been incapacitated as provided in paragraph (g) of sub-article (1) of article 14.
(4) In any of the cases referred to in this article, the said court shall proceed upon information given by any person, after ex officio having, summarily and without delay, ascertained the truth of the facts brought to its notice, and shall have for such purpose the power to call witnesses and to examine them on oath.