Code Of Organization And Civil Procedure (Cap. 12)

Contents

1. Art. 1 Title.
2. Title 1
3. Art. 2 Civil courts of justice.
4. Art. 3 Superior courts.
5. Art. 4 Inferior courts.
6. Art. 5 Jurisdiction of superior and inferior courts.
7. Art. 5A Extension of applicability to exclusive economic zone area or environment protection area.
8. Art. 6 Constitution of superior courts.
9. Art. 7 Constitution of inferior courts.
10. Art. 8 Judges may not communicate with suitors, etc.
11. Art. 9 Judges may not act as arbitrators etc.
12. Art. 10 Oathsofallegiance and of office to be taken by judges.
13. Art. 11 Distribution of duties of judges.
14. Art. 12 Applicability of certain provisions to President of Court of Appeal.
15. Art. 15 Applicability of certain provisions to magistrates.
16. Art. 16 Judges and magistrates may not hold other offices of profit. Exceptions.
17. Art. 21 Language of the courts.
18. Art. 22 Causes to be tried in public. Exceptions.
19. Art. 23 Judgments to be deliveredinpublic.
20. Art. 24 Each court to deal with matters pending before it.
21. Art. 25 Suitors, etc., not to have private communication with judges or magistrates.
22. Art. 26 Mode of applying to court for any order.
23. Art. 27 Registry of superior courts.
24. Art. 28 Court archives.
25. Art. 65 XI.1942.2; L.N. 4 of 1963; XXXI.1966.2. Sostitwit: XXXI.2002.13.
26. Art. 29 Rule-Making Board.
27. Art. 30 Advocates and legal procurators when appearing in court to be deemed officers of court.
28. Title II
29. Art. 32 Civil Court.
30. Art. 32B Family Court.
31. Art. 33 Voluntary jurisdiction.
32. Art. 34 Appeal from judgements of Civil Court, First Hall.
33. Art. 35 Mode of impugning decrees of Court of voluntary jurisdiction.
34. Art. 36 Competence of the Civil Court.
35. Art. 36A Jurisdiction of the Courts of Gozo in constitutional cases. Cap. 319.
36. Art. 39 Duties of Judge of Civil Court, First Hall in respect of proceedings concerningaverage and sea-protests.
37. Art. 39A Courts may consist of more than one chamber.
38. Art. 41 Court of Appeal Constitution. Jurisdiction.
39. Art. 42 Jurisdiction of Court of Appeal in respect of appeals under Marriage Legacies Law.
40. Art. 44 Furtherjurisdiction of Court of Appeal.
41. Art. 45 Constitutional Court.
42. Art. 46 Saving.
43. Title III
44. Art. 47 Civil Court of Magistrates (Malta). Constitution and jurisdiction.
45. Art. 48 Further jurisdiction.
46. Art. 49 Appeal from judgment of Court of Magistrates.
47. Art. 50 Court of Magistrates(Gozo) as court of first instance.
48. Art. 53 Applicability of provisions relating to superior courts, to Gozo Court in its superior jurisdiction.
49. Art. 54 Gozocourtascourt of voluntary jurisdiction.
50. Art. 56 Saving.
51. Art. 56A Small Claims Tribunal.
52. Title IV
53. Art. 57 Duties of Director General (Courts).
54. Art. 58 Registries. Repealed by: XI.1858.3.
55. Art. 59 Cases in which registrar is debarred from acting as such.
56. Art. 60 Oathtobetakenby Director General (Courts).
57. Art. 61 Other duties of registrar.
58. Art. 62 Authentication of copies.
59. Art. 63 Liability of registrar.
60. Art. 64 Taxing of judicial costs. Impugnment of assessment of costs.
61. Art. 66 Absence or other lawful impediment ofDirectorGeneral (Courts).
62. Art. 67 Duties of court executive officers.
63. Art. 68 Maintenance of good order in Courts.
64. Art. 69 Court executive officers to execute duties personally.
65. Art. 70 Oppositiontocourt executive officers in the execution of their duties.
66. Art. 71 Executive officer to inform court of any warrant issued against an exempted person.
67. Art. 72 Powers of executive officers.
68. Art. 73 Assistance of Police force.
69. Title VI
70. Art. 74 Archivist.
71. Art. 77 Responsibility of archivist.
72. Title V
73. Art. 78A Definitions in this Title.
74. Art. 79 Administration of advocates and restrictions in respectofmembers of Parliament.
75. Art. 80 Oathsofallegiance and of office.
76. Art. 81 Qualifications for obtaining warrant.
77. Art. 81A Regulations.
78. Art. 82 Bargaining of fees prohibited.
79. Art. 83 Advocates not to enter into or make agreements or stipulations quotae litis.
80. Art. 84 Causes of disqualification.
81. Art. 84A The Chamber of Advocates.
82. Art. 85 Admission of legal procurators.
83. Art. 86 Oathsofallegiance and of office.
84. Art. 87 Qualifications for obtaining warrant.
85. Art. 87A Regulations.
86. Art. 88 Applicability of articles 83 and 84.
87. Art. 88A Law firms.
88. Art. 88B Name of law firms.
89. Art. 88C Obligations of advocates to apply to law firms.
90. Art. 88D Register of legal professionals and law firms.
91. Art. 89 Appointment of official curators, etc.
92. Art. 91 Publication of lists.
93. Art. 92 Performance of duty in rotation.
94. Art. 93 Order of rotation.
95. Art. 94 Appointment of person outside the rota.
96. Art. 95 Gratuitous legal aid by curators.
97. Art. 96 Misconduct or negligence of curators, etc.
98. Art. 97 Illegal practices.
99. Art. 97A Appointment of judicial assistants.
100. Art. 97B Oath of office.
101. Art. 97C Decisions by judicial assistants.
102. BOOK SECOND
103. Art. 98 Nullity of judicial acts.
104. Art. 99 Reiteration of an act which is null.
105. Art. 100 Nullity of form not to be pleaded by person giving rise thereto.
106. Art. 101 Runningoflegalor judicial times.
107. Art. 102 Dies a quo.
108. Art. 103 Computation of times.
109. Art. 104 Time of twenty- four hours.
110. Art. 105 Legal or judicial time to run against both parties.
111. Art. 106 Times, other than peremptory, may be extended.
112. Art. 107 Abridgement of legaltimeinurgent cases.
113. Art. 108 Publicholidaysnot to suspend the running of times.
114. Art. 109 When sittings are to be held, etc.
115. Art. 110 Power to administer oaths.
116. Art. 111 Form of oath in accordance with religious persuasion.
117. Art. 112 Oath of witnesses and referees.
118. Art. 113 Power of court to makewarningasto obligation of oath.
119. Art. 114 Oath to be taken personally.
120. Art. 115 Judicial acts accessible to all persons. Copies.
121. Art. 116 Original acts not to be taken out. Exception.
122. Art. 118 Signing of acts by judge or magistrate.
123. Art. 119 Any judge may give directions on ex parte applications.
124. Art. 119A Number of copies to be filed.
125. Art. 120 Forensic year. Sessions.
126. Art. 123 Issue of warrants during recess.
127. Art. 124 Meaning of "working days".
128. Art. 125 Procedure in superior courts and inferior courts.
129. Title I
130. Art. 128 Contents of libel.
131. Art. 132 Service of libel on defendant.
132. Art. 137 Service of answer. Time for reply. Contents of reply.
133. Art. 140 Power of court in regard to pleadings containing unnecessary matter. Closing of written pleadings in first instance.
134. Art. 142 Ordinary procedure before appellate court.
135. Art. 143 Contents of application of appeal.
136. Art. 144 Service of application of Appeal. Time for answer.
137. Art. 145 Production of documents.
138. Art. 146 Closing of pleadings in appeal.
139. Art. 147 Power of court to order additional pleadings.
140. Art. 150 Cases in which production of documents is permitted outside prescribed time.
141. Art. 151 Cause book.
142. Art. 152 List of causes set down for hearing. Partiestobeserved with notice of day of hearing.
143. Art. 153 Default of written pleadings not to debar party from appearing at hearing of cause.
144. Title II
145. Art. 154 Proceedings by sworn application.
146. Art. 156 Drawing up and contents of sworn application.
147. Art. 157 Service of sworn application.
148. Art. 158 Sworn reply and note of admission, filing, etc.
149. Art. 159 The sworn application and the replynottocontain comments or superfluousmatter.
150. Art. 160 Affidavits of witnesses.
151. Title III
152. Art. 161 Mode of procedure in the Civil Court, First Hall, and in the Court of Magistrates(Gozo) in its superior jurisdiction.
153. Art. 164 Nullity of proceedings.
154. Art. 165 Leave to file written submissions.
155. Art. 166 Written submissions in reply.
156. Art. 166A Special procedures in respect of certain unopposed claims etc.
157. Title XI of Book Third of this Code shall not apply to proceedings
158. Art. 166B Registration of Executive Titles obtained pursuant to article 166A.
159. Art. 167 Special summary proceedings. Repealed by: IX.1886.25. Re-enacted by: XV.1913.52.
160. Art. 168 Service on defendant. Repealed by: IX.1886.25. Re-enacted by: XV.1913.52.
161. Art. 169 Time for service of sworn application. Repealed by: IX.1886.25.
162. Art. 169A Mode of service.
163. Art. 170 Trial in special summary proceedings. Repealed by: IX.1886.25. Re-enacted by: XV.1913.52.
164. Art. 171 Mode of procedure in inferior courts.
165. Art. 171A Mediation.
166. Art. 172 Mode of procedure in appeals from judgments of inferior courts.
167. Art. 173 Orders in camera.
168. Title IV
169. Art. 174 Contentsofwritten pleadings.
170. Art. 175 Power of court to order or permit amendment of written pleadings.
171. Art. 176 Mode of drawing up pleadings.
172. Art. 177 "With costs."
173. Art. 178 Signing of written pleadings.
174. Art. 179 Where, when and how written pleadings are filed.
175. Art. 180 Persons who may file written pleadings.
176. Art. 181 Written pleadings filed by a Minister or a public officer.
177. Art. 181A Written pleadings filed by or against a body having a distinct legal personality.
178. Art. 181B Judicial representation of Government.
179. Art. 181C Transfer of judicial acts and written pleadings between Courts in Malta and Courts in Gozo.
180. Art. 181D Transfer and execution of warrants and orders between courtsin Malta and courts in Gozo.
181. Art. 182 Persons filing written pleadings areboundtoaccept service of other written pleadings.
182. Art. 183 Duties of registrar in connection with thefilingofwritten pleadings.
183. Art. 184 Difficulty about filing of written pleadings.
184. Art. 185 Serviceonall parties. Substitutedby: XXIV.1995.93.
185. Art. 186 Designation of person tobe served with written pleading.
186. Art. 187 Mode of service.
187. Art. 187A Accessibility of electoralregisterin electronic format.
188. Art. 188 Certificate of service.
189. Art. 189 Service of acts and execution of warrants and orders in Gozo and Comino.
190. Art. 190 Service of acts and execution of warrants and orders in Malta.
191. Art. 191 Mode of preparing copies.
192. Art. 192 Penalty in case of irregular copies. Reckoning of time.
193. Art. 193 Provisions of this Title to apply to all courts and to all acts.
194. Title V
195. Art. 193A Assignment of causes.
196. Art. 194 Postingupofcause list.
197. Art. 195 Trial of causes.
198. Art. 196 Absenceofwitness to be a good ground for adjournment.
199. Art. 197 Order of trial.
200. Art. 198 Calling on of causes.
201. Art. 199 Default of appearance of contending parties at trial.
202. Art. 199A Presence through live video conferencing link.
203. Art. 200 Non suit of plaintiff in default of security for costs. Security for costs not subject to claims of creditors.
204. Art. 201 Default of appearance of defendant.
205. Art. 202 Regulation of trial.
206. Art. 204 Party may plead personally or through advocate.
207. Art. 205 Party assisted by advocate not to address court.
208. Art. 207 Order of trial in appellate court.
209. Art. 208 Production of witnesses before appellate court.
210. Art. 209 Appeal to be declared abandoned in default of appearance of the parties.
211. Art. 210 Parties or advocates not to interrupt each other.
212. Art. 211 Judgment to be given in the same or at earliest date.
213. Art. 212 Grounds of adjournment to be stated by court and noted down by registrar.
214. Art. 213 In inferior courts, the court may adjudge on a right although not falling precisely within original claim.
215. Art. 214 Appearance of parties in inferior courts.
216. Art. 215 Inferior courts to proceed summarily.
217. Title VI
218. Art. 216 Delivery of judgment.
219. Art. 217 Decision of majority to form judgment of court consisting of more than one member.
220. Art. 218 Judgment to include reasons.
221. Art. 219 Conclusive or binding declarations to be included in operative part of judgment.
222. Art. 219A Proceedings for the recovery of a debt.
223. Art. 220 Recording of decision and reasons.
224. Art. 221 Delivery and recording of interlocutory decrees.
225. Art. 222 Judgment upon claim for specific performance.
226. Art. 223 Costs.
227. Art. 224 Award of costs in or solidum pro rata.
228. Art. 225 Costs against tutors, etc.
229. Art. 226 Time for filing application of appeal.
230. Art. 227 Judgments by appellatecourtsnot subject to appeal.
231. Art. 228 Other judgments not subject to appeal.
232. Art. 229 Appeal from decrees.
233. Art. 230 Interlocutory decrees not to operate as res for court judicata delivering them.
234. Art. 231 Appeal in case of separatejudgments on several issues in the same action.
235. Art. 232 Assessment of damages, etc., pending appeal. Liability for expenses in case of reversal of judgment.
236. Art. 233 Power of appellate court to assess damages, interest or fruits.
237. Art. 234 Decrees in regard to jurisdiction of court to be subject to appeal.
238. Art. 235 No appeal ab omissa decisione.
239. Art. 236 Interested third parties may appeal.
240. Art. 237 Judgment not to operate against third parties.
241. Art. 238 Persons who benefit from appeal.
242. Art. 239 Certain judgments may only operate in respect of third parties if and from the time they are entered in the Public Registry.
243. Art. 240 Cross-appeal.
244. Art. 241 Cross-appeal to hold good notwithstanding abandonment of appeal.
245. Art. 242 Notice as to validity of laws.
246. Art. 243 Abridgement of time for appeal.
247. Art. 244 Lodging of record.
248. Art. 245 Mode of lodging record.
249. Art. 247 Lodging of record in appeals from inferior court to Court of Appeal.
250. Art. 249 Security for cost:
251. Art. 250 Exemptions from security.
252. Art. 251 Times mentioned in article 226 to be peremptory.
253. Sub-title I
254. Art. 252 Mode of enforcement of executive title.
255. Art. 253 Executive titles.
256. Art. 255 Judgments enforceable after twenty-four hours.
257. Art. 256 All other judgments to be enforceable after two days from delivery.
258. Art. 257 Power of court to abridge time for enforcement of judgments.
259. Art. 258 Procedure for enforcement of executive titles.
260. Art. 259 Procedure for enforcement of executive title where debtor is dead.
261. Art. 260 Executive titles to be enforceable on movable and immovable property of debtor.
262. Art. 261 Joint enforcement of executive titles.
263. Art. 262 Payment or fulfilment in part ofdebtorclaimnot to operate as waiver of execution.
264. Art. 263 Enforcement by creditorofcreditor.
265. Art. 264 By which court executive titles are enforceable.
266. Art. 265 Enforcement of judgment of appellate court.
267. Art. 266 Provisional enforcement of judgmentsbyorder of the court.
268. Art. 267 Provisional enforcement by operation of law.
269. Art. 268 Other articles applicable to provisional enforcement.
270. Art. 269 Appeal from judgment authorizing enforcement of other judgment, etc.
271. Art. 270 Condition for registration in Public Registry of notes of reference deriving from a judgment.
272. Art. 271 Enforcement of part of judgment notwithstanding appeal from another part.
273. Art. 272 Power of the court in the execution of titles.
274. Art. 273 Executive acts.
275. Art. 274 Preparation and issue of executive warrants.
276. Art. 275 Powers of executing officer.
277. Art. 276 No opposition to the execution of warrants. Re-numbered by: XIV.2006.7.
278. Art. 277 Time for execution of warrants and orders.
279. Art. 278 Service of copy of warrant on party against whom it is issued.
280. Art. 279 Damage in case of nullity of warrant or its execution.
281. Art. 280 Duty of notary to give notice to registrar of the publication of a deed ordered by a judgment.
282. Art. 281 Howexecutiveacts may be impugned.
283. Art. 282 Warrant of seizure on movable property.
284. Art. 283 Description of property seized.
285. Art. 284 Payment of the amount due.
286. Art. 285 Seizure of other movable property.
287. Art. 286 Consignee.
288. Art. 287 Persons who may not act as consignees.
289. Art. 288 Attendance of the consignee.
290. Art. 289 Consignee to preserve property seized.
291. Art. 290 The consignee to act as a bonus paterfamilias.
292. Art. 291 Other creditors may not oppose execution.
293. Art. 293 Property not subject to seizure.
294. Art. 304A Procedure for the sale of movable property.
295. Sub-title II
296. Art. 305 Form of demand by application.
297. Art. 306 Duties of the court.
298. Art. 307 Appraisement by debtor.
299. Art. 308 Expert to be appointedbycourt, unless agreed on by parties.
300. Art. 309 Appraisement of gold or silver articles to show intrinsic value, etc. Revoked by: XIV.2006.16.
301. Art. 310 Valuation of immovable property to contain description of property, etc.
302. Art. 311 Valuation or appraisement to be sworn by expert.
303. Sub-title III
304. Art. 312 Sale by auction of movable or immovable property and going concerns.
305. Art. 312A Auctionstobeheld whenever the need arises.
306. Art. 312B Provisions apply both to movable and immovable property and to going concerns.
307. Art. 312C Demand for seizure of a going concern.
308. Art. 312D Decree upholding the demand for the issue of the warrant.
309. Art. 312E Appointment of application for hearing.
310. Art. 312F Appointment of date, place and time for the sale.
311. Art. 312G Appointment of administrator.
312. Art. 312H Applicability of articles 308 to 311.
313. Art. 312I Where court decides that going concern shall continue to be administered.
314. Art. 312J Demand for the sale of the going concern.
315. Art. 312K Definitionofgoing concern.
316. Art. 313 Form of advertisement of sale by auction.
317. Art. 314 Place and time of sale by auction.
318. Art. 315 Valuation of property to be sold by auction.
319. Art. 316 Appraisement of gold or silver articles to show intrinsic value.
320. Art. 317 Removal of movable property to place of sale.
321. Art. 318 Sale by auction in gross, in lots, or under separate items.
322. Art. 319 Opening of sale by auction.
323. Art. 320 Bids pro persona nominanda etc., not to be accepted.
324. Art. 323 Duration of auction.
325. Art. 326 Suspension of auction or adjudication.
326. Art. 328 Payment into court ofpurchasemoney.
327. Art. 329 Defaulting purchaser liable to personal arrest.
328. Art. 330 Lodging of purchase money of movable property.
329. Art. 331 Delivery of immovable or movable property to purchaser.
330. Art. 332 No payment into court is necessary on adjudication upon a bid animo compensandi.
331. Art. 333 Animo compensandi bid.
332. Art. 334 Conditional leave to bid animo compensandi.
333. Art. 335 Opposition to bids animo compensandi.
334. Art. 337 Demand for approval of set-off. Payment into court of surplus of price, if any.
335. Art. 338 Application for approval of set-off. Service of application.
336. Art. 339 Competition of creditors.
337. Art. 340 Effect of approval or disallowance of set-off.
338. Art. 341 Execution creditor, etc., may demand fresh executions in case of deficiency of proceeds.
339. Art. 342 Restoration of balance of deposit to debtor.
340. Art. 343 Discontinuance of sale by auction and restoration of unsold property to debtor.
341. Art. 344 Withdrawal of amount of claim and taxed costs by execution creditor.
342. Art. 345 Sale of perishable articles.
343. Art. 346 Right of other creditortocontinue auction.
344. Art. 347 Procès-verbal of sale by auction. Procedure in auctions of merchandise or other property.
345. Art. 349 Persons who may not bid in auctions.
346. Art. 350 Expulsion of debtor from place ofsaleifhehinders proceedings.
347. Art. 351 Consequences of suspension of sale for over one year.
348. Art. 352 Disposal of immovable property, etc., by debtor within a year from registration of order of sale to be null.
349. Art. 353 Substitution of movable for immovable property put up for sale.
350. Art. 354 Execution of a judgement of the Court of Magistrates (Malta) on immovable property.
351. Art. 355 Jus redimendi.
352. Art. 356 Right of creditor re-sell immovable property to be exercised within two years.
353. Art. 357 Eviction after adjudication.
354. Art. 357A Action to annul or rescind a judicial sale by auction.
355. Sub-title V
356. Art. 358 Private sale of a ship, vessel or aircraft.
357. Art. 359 Appraisements by independent and reputable valuers.
358. Art. 360 Persons called upon to make submissions.
359. Art. 361 Hearing.
360. Art. 362 Where Court accedes to application.
361. Art. 363 Deposit of price in Court.
362. Art. 364 Title which is free from all privileges and encumbrances.
363. Sub-title VI
364. Art. 375 Executive garnishee order.
365. Art. 376 Contents of garnishee order.
366. Art. 377 Mode of executing garnishee order.
367. Art. 378 Declaration by garnishee. Time for such declaration.
368. Art. 379 Garnishee may be enjoined to deposit.
369. Art. 381 Property not subject to attachment.
370. Art. 382 Salary or wages not subject to attachment.
371. Art. 383 Garnishee order may not be extended.
372. Sub-title V
373. Art. 384 Mode of execution of warrant of ejectment or expulsion from immovable property.
374. Art. 384A Warrant of ejectiment or expulsion from seagoingvesselsor aircraft.
375. Sub-title VIII
376. Art. 385 Warrant in factum.
377. Art. 386 Where and against whom warrant in may be factum executed.
378. Art. 387 Maintenance at the expense of person demandingissueof warrant.
379. Art. 388 Execution of warrant in factum not to bar action for damages.
380. Sub-title X
381. Art. 388C Application for the issue of a warrant.
382. Art. 388D Court to decide about the sale or to fix time-limit for payment.
383. Sub-title XI
384. Art. 388E Application for the issue of warrant.
385. Art. 388F Court to decide about the sale or to fix time-limit for payment.
386. Sub-title XII
387. Art. 388G Court may issue other orders.
388. Sub-title VII
389. Art. 389 Account to be supported by documents.
390. Art. 390 Contents of account.
391. Art. 391 Payment of balance not to imply approval of account.
392. Art. 392 Objection to account.
393. Art. 393 Certain items may be allowed although unsupported by vouchers.
394. Art. 394 Failure to render account within prescribed time.
395. Art. 395 Liquidation of fruits.
396. Sub-title I
397. Art. 396 Reconvention.
398. Art. 397 Effects of reconvention.
399. Art. 398 Form of reconvention.
400. Art. 400 Capacity of parties in reconvention.
401. Art. 401 Discontinuance of action by plaintiff not to bar prosecution of counterclaim.
402. Art. 402 Connection of actions.
403. Sub-title II
404. Art. 403 Jactitation.
405. Art. 404 Time for bringing claim for trial.
406. Art. 405 When jactitation suit is inadmissible.
407. Art. 406 Jactitator to proceed before court to the jurisdiction of which the party aggrieved is subject.
408. Art. 407 Where jactitator declares before courtthathehasno claim against party aggrieved.
409. Art. 408 Fixing of time to jactitator.
410. Art. 409 Extension of time.
411. Art. 410 Injunction of perpetual silence.
412. Art. 411 Perpetualsilenceto apply only to jactitation referred to in a sworn application.
413. Art. 412 Where jactitator bringshisclaimfor trial.
414. Art. 413 Effects of non-suit in action by jactitator.
415. Art. 414 Effects of default by jactitator totake fresh proceedings.
416. Art. 415 Jactitation suit inadmissible against absent persons, etc.
417. Sub-title III
418. Art. 416 Competition of creditors on moneys deposited in court.
419. Art. 417 Jus avocandi.
420. Art. 418 Competing claimants to proceed by application.
421. Art. 419 Service of application.
422. Art. 420 Closing of written pleadings.
423. Art. 421 Additional pleadings.
424. Art. 422 No money to be paid out without consent of parties interested or without order of court.
425. Art. 423 Withdrawal of deposit subject to condition of surety.
426. Art. 424 Hypothecary security in lieu of surety.
427. Art. 425 Exemption from surety.
428. Art. 426 Duration of obligation of surety.
429. Art. 427 When condition requiring a surety is not operative.
430. Art. 428 Competing claims on primogenitures, etc. Filing of the application.
431. Art. 429 Answer and respective statement.
432. Art. 430 Service of answer and respective libel.
433. Art. 431 Closing of pleadings.
434. Art. 432 Parties served with answer and respective application may file a note.
435. Art. 433 Other claimants may file application.
436. Art. 434 Additional written pleadings.
437. Art. 435 Person not expressly notified not to be debarred from claiming his rights by separate proceedings.
438. Sub-title IV
439. Art. 436 State Advocate to take possession of inheritance where no known heirs are present in Malta.
440. Art. 437 Warrant of description.
441. Art. 438 Interested parties may apply for leave to be present at description.
442. Art. 439 Seizureofmovable property.
443. Art. 440 Sale by auction of perishable property, etc.
444. Art. 441 State Advocate to be lawful representative of inheritance.
445. Art. 442 Estate not to be disposed of without order of court.
446. Art. 443 Duties of State Advocate where inheritance is of considerable value.
447. Art. 444 Persons exempted from giving security.
448. Art. 445 Delivery of estate to creditor.
449. Art. 446 Summary procedure for delivery of estate to creditor where claim is proved by documentary evidence.
450. Art. 447 Sale by auction of estate and deposit of proceeds in court.
451. Sub-title V
452. Art. 448 Procedure for disentail.
453. Art. 449 Contents of application.
454. Art. 450 Production of documents and security for costs.
455. Art. 451 Issue of banns for appointment of curators.
456. Art. 452 Publication of notice in newspapers announcing application for disentail.
457. Art. 453 Service of application.
458. Art. 454 Answer by curators, etc.
459. Art. 455 No written reply allowed.
460. Art. 456 Closing of written pleadings.
461. Art. 457 Appointment of day for hearing of application.
462. Art. 458 Effect of judgment ordering the disentail.
463. Art. 459 Power of court to order cessation of effects of disentail.
464. Sub-title VI
465. Art. 460 Proceedings against the Government.
466. Art. 461 Proceedings for recovery of fine (multa) by civil process.
467. Art. 462 Proceedings for forfeiture of goods by civil process.
468. Art. 463 Person against whom application is to be directed.
469. Art. 464 When application is to be directed against official curators.
470. Art. 465 Any interested person may appear at the trial to contest action.
471. Art. 466 Proceedings for debts due to Government.
472. Art. 467 Opposition to proceedings under article 466.
473. Art. 468B Regulations.
474. Art. 469 Government costs.
475. Art. 469A Judicial review of administrative action.
476. Art. 469B Judicialreviewofa decision of the Attorney General.
477. PART II
478. Art. 470 Procedure in matters of voluntary jurisdiction.
479. Art. 471 Powers of judge.
480. Art. 472 Court may, in certain cases, order the production of an opinion in writing of an advocate.
481. Art. 473 Judge may examine any person on subject- matter of application.
482. Art. 474 Collection of information.
483. Art. 475 Any person may spontaneously appear to give information.
484. Art. 476 Act to be within terms of decree.
485. Art. 477 Act to be valid only as far as authorized.
486. Art. 478 Presence of judge atexecutionof acts
487. Art. 479 Decrees. Hearing of application for provisional maintenance etc.
488. Art. 482 Examination of applications with closed doors.
489. Art. 483 Service of application on interested third parties.
490. Art. 484 Default of answer by third party.
491. Art. 485 Opposition to demand.
492. Art. 486 Custody of applications and decrees.
493. Art. 487 Cognizance of matters of voluntary jurisdiction not to be ground for challenge or abstention of judge.
494. Art. 488 Grounds for impugning acts executed by leave or with authorization of court.
495. Art. 489 Applicability of provisions of this Part to court of Gozo as court of voluntary jurisdiction.
496. Title I
497. Art. 490 Disentail where fruits do not exceed ninety- three euro and seventeen cents (93.17) per annum.
498. Art. 491 Where person whose consent is requiredisaminor, etc.
499. Art. 492 Where fruits of all the property under entail do not exceed thirty-four euro and ninety- four cents (34.94) per annum.
500. Art. 493 Where fruits of tenement do not exceed nine euro and thirty-two cents (9.32) per annum.
501. Art. 494 Anterior dividual entail.
502. Art. 495 Substitution.
503. Art. 496 Letting out of property subject to entail.
504. Art. 497 Letting out of property subject to entail on emphyteusis.
505. Art. 498 Where person refuses consent.
506. Title II
507. Art. 499 Issue of edicts.
508. Art. 500 Application.
509. Art. 501 Court to issue two edicts with interval of fifteen days.
510. Art. 502 Notice by registrar. Contents of notice.
511. Art. 503 Posting up of notice.
512. Art. 504 Appointment of curators. Duties of curators.
513. Art. 505 Written report by curators.
514. Art. 506 Compilation of record.
515. Art. 507 Decree of court.
516. Art. 508 Time for which hypothecs remaining in force as provided in article 507 shall subsist.
517. Art. 509 Issue of edicts in pursuance of condition attached to bid in judicial auction.
518. Art. 510 Curators to investigate history of title to property.
519. Art. 511 Extension of original time of two months.
520. Title III
521. Art. 512 Application for the appointment of tutors, curators, etc.
522. Art. 513 Appointment of experts for examination of accounts,
523. Art. 514 for fixing maintenance allowances.
524. Art. 515 Power of court to exempt tutors, etc. from continuing to act,
525. Art. 516 or to suspend such tutors, etc.
526. Art. 517 Duration of suspension.
527. Art. 518 Substitution of executors, administrators, etc.
528. Art. 519 Service of application for substitution. Answer. Power of court.
529. Title III A
530. Art. 519A Guardianship Board.
531. Art. 519B Procedures.
532. Art. 519C Appointment of expertsandrequest for information.
533. Art. 519D Application for the appointment of a guardian.
534. Art. 519E Examination of persons in respect of whom guardianship is demanded and appointment of temporary guardian.
535. Art. 519F Appointment of guardian.
536. Art. 519G Persons eligible as guardians.
537. Art. 519GA Appointment of support persons from the State pool.
538. Art. 519H When Guardian- ship Order includes administration of property.
539. Art. 519I Guardianmayseek advice.
540. Art. 519J Revocation of Guardianship.
541. Art. 519K Special powers of the Board.
542. Art. 519L Appeal from decisions of the Board.
543. Art. 519M Persons subject to interdiction or incapacitation.
544. Art. 519N Power to make regulations.
545. Title IV
546. Art. 520 Application for interdiction or incapacitation.
547. Art. 521 Persons who may demand interdiction or incapacitation.
548. Art. 522 Examination of person whose interdiction is demanded. Appointment of temporary curator.
549. Art. 523 Appointment of curator.
550. Art. 524 Incapacitation.
551. Art. 525 Interdiction or incapacitation to date from decree. Nullity of acts performed after decree.
552. Art. 526 Revocation of interdiction or incapacitation.
553. Art. 527 Notice containing terms of inhibition to be published in Gazette.
554. Title V
555. Art. 528 Presentation of secret wills. Receipt.
556. Art. 529 Particulars to be noted down by registrar on presentation of will.
557. Art. 530 Note of particulars to be signed by registrar, etc. and registered in a book.
558. Art. 531 Wills to be endorsed with act of delivery.
559. Art. 532 Withdrawal of will.
560. Art. 533 Appointment of time for opening and publication of will.
561. Art. 534 Opening of will.
562. Art. 535 Delivery of will to notary.
563. Art. 535A Opening of wills older than one hundred and fifty years.
564. Title VI
565. Art. 536 Declaration of the opening of succession.
566. Art. 537 Issue and posting up of banns. Time for opposition.
567. Art. 538 Decree of court.
568. Art. 539 Conservatory measures.
569. Art. 540 Declaration of opening of succession not to bar action by other personbeforecourt of contentious jurisdiction.
570. Title VII
571. Art. 541 Acceptance of inheritance with benefit of inventory to be made by a note.
572. Art. 542 Oath by person filing the note.
573. Art. 543 Contents of inventory.
574. Art. 544 Appointment of time for publication of inventory.
575. Art. 545 Summoning of interested parties,
576. Art. 546 by application, by banns.
577. Art. 547 Publication of inventory.
578. Art. 548 Forfeiture of benefit.
579. Art. 549 Applicability of ss. 542 to 547 to all inventories under the authority of the Court of voluntary jurisdiction.
580. Title VIII
581. Art. 550 Emancipation.
582. Art. 551 Agreements requiring authorization of court to be effected by notarial deed. Exception.
583. Art. 552 Validity of certain obligations authorized by the Court of voluntary jurisdiction to depend on registration in Public Registry.
584. Art. 553 Period of validity of decrees of authorization.
585. Art. 554 Duty of registrar to cause registration of hypothecs.
586. Art. 555 Duties of notaries.
587. Title IX
588. Art. 556 Taxing of extra- judicial fees.
589. Art. 557 Taxing of fees in respect of proceedings under authority of superior courts.
590. Title I
591. Art. 558 Relevance of evidence.
592. Art. 559 Bestevidencetobe produced.
593. Art. 560 Rejection of irrelevant evidence.
594. Art. 561 Power of court to require object of evidence.
595. Art. 562 Onus of proof on person alleging.
596. Sub-title I
597. Art. 563 Competency of witnesses.
598. Art. 563A Admissibility of ex expert parte opinionandcertain expressions of non- expert opinion.
599. Art. 563B Evidence of foreign law.
600. Art. 564 Age not to constitute ground of inadmissibility.
601. Art. 565 Admissibility of parties to give evidence.
602. Art. 566 Admissibility of spouses, civil union partners and cohabitants of party to a suit as witness.
603. Art. 567 Interest in suit not to be a bar to admissibility of witness.
604. Art. 568 Summoning of witnesses.
605. Art. 569 Subpoena ad testificandum.
606. Art. 570 Subpoena duces tecum.
607. Art. 571 Demand for issue of subpoena in inferior courts.
608. Art. 572 Time for attendance of witness.
609. Art. 573 Oath as to relevancy of evidence of witness outside the jurisdiction. Deposit of allowance.
610. Art. 573A Another person to give evidence instead of the person sub- poenaed.
611. Art. 574 Persons present in courtmaybecalled to give evidence.
612. Art. 575 Penalty for non- attendance of witness duly summoned.
613. Art. 576 Power of court to remit punishment.
614. Art. 577 Witnesses to be examined viva voce.
615. Art. 578 Leading or suggestive questions.
616. Art. 579 Cross- examination.
617. Art. 580 Questions in cross- examination.
618. Art. 581 Questions arising out of answers given by witness.
619. Art. 582 Questions by court.
620. Art. 583 Witness may refresh his memory.
621. Art. 584 Party producing witness may not impeach his credit by evidence of bad character.
622. Art. 585 How opposite party may impeach witness.
623. Art. 586 Former statement to be related to witness in case of impeachment of his credit by evidence of former statement.
624. Art. 587 Witness bound to answer questions allowed by court.
625. Art. 588 Privileged communications.
626. Art. 589 Incriminating questions.
627. Art. 590 Discretionary power of court as to degrading questions, etc.
628. Art. 591 Person present at trial may not be produced as witness. Discretionary power of court.
629. Art. 592 Witnesses to be examined separately. Confronting witnesses.
630. Art. 593 Deaf and dumb witnesses, etc.
631. Art. 594 Notes of the evidence.
632. Art. 595 Employment of stenographers.
633. Art. 596 Employment of interpreter.
634. Art. 597 Examination or cross-examination not to be interrupted.
635. Art. 598 Hearsay evidence.
636. Art. 599 When hearsay evidence is admissible.
637. Art. 600 Dying declarations, etc.
638. Art. 601 Arrest of false witness.
639. Art. 602 Addition or correction by witness or interpreter.
640. Art. 603 Identification of persons or objects.
641. Art. 604 Witness not to leave court.
642. Art. 605 Communication between witnesses.
643. Art. 606 Examination of witness about to leave Malta, etc.
644. Art. 607 Judicialassistantto take down objections to competency or credit of witnesses.
645. Art. 608 Examination of witness under article 606 may be ordered at any stage of the proceedings.
646. Art. 609 Signing and sealing of deposition.
647. Art. 610 Deposition may be taken independently of reasons mentioned in article 606.
648. Art. 611 Examination of witness about to leave Malta, etc., whose evidence is required before inferior courts.
649. Art. 612 Applicability of article 606 in cases of witnesses disallowed by court of first instance.
650. Art. 613 Evidenceofperson residing abroad.
651. Art. 614 Form of application for letters of request.
652. Art. 615 Oath by person applying for letters of request.
653. Art. 616 Opposite party may appoint a representative.
654. Art. 617 Interrogatories to be accessible to opposite party.
655. Art. 618 Drawing up of letter of request.
656. Art. 619 Transmission of letter of request and documents to Minister responsible for justice.
657. Art. 620 Duty of person demanding examination.
658. Art. 621 Method of examination by interrogatories. Powers of examiner.
659. Art. 622 Notice of time and place of examination to be given to representatives of parties. Examination to be reduced into writing.
660. Art. 622A Evidence by affidavitofwitness residing abroad.
661. Art. 622B Audio-recording video-recording of evidence.
662. Art. 623 Resumption of trial.
663. Art. 624 Production of evidence taken upon letters of request.
664. Art. 625 Reading of depositions in court.
665. Art. 626 Examination of witnesses by referee.
666. Sub-title II
667. Art. 627 Documents requiring no proof of authenticity other than that which they bear on the face of them.
668. Art. 628 Acts of foreign Governments, etc.
669. Art. 629 Acts requiring proof of authenticity.
670. Art. 630 Acts and registers of foreign notaries.
671. Art. 631 Traders’ books, etc., to constitute evidence against traders, etc.
672. Art. 632 Declarations against interest, etc. Material objects.
673. Art. 633 Defective public act which may be admissible in evidence as private writing.
674. Art. 634 Rules of evidence as to signatures or marks.
675. Art. 635 Modes of proving handwriting.
676. Art. 636 Copies. Authenticity thereof. Probatory force.
677. Sub-title III
678. Art. 637 Actio ad exhibendum.
679. Art. 638 Documentskeptby administrator presumed to belong to person whose estate he administers. Documents relating to successions, etc. to be deemed common property. Court to decide as to interest of party demanding production of documents.
680. Art. 639 Contents of demand for production of documents.
681. Art. 640 Form of demand for production of documents.
682. Art. 641 Proofofpossession of documents.
683. Art. 642 Time in which demand for production of documents may be made.
684. Art. 643 Indirect proof arising from default of production.
685. Sub-title IV
686. Art. 644 Order of reference.
687. Art. 645 Contents of order.
688. Art. 646 Appointment of referee.
689. Art. 647 No person may have more than two references at the same time.
690. Art. 648 Challenge of referees. Good cause for challenge. Time for making peremptory challenge. Power of court.
691. Art. 653 Time for challengingreferee for good cause.
692. Art. 654 Mode of making challenges for cause.
693. Art. 655 Hearingofgrounds of objection.
694. Art. 656 Service of order of reference on referee.
695. Art. 657 Declination of appointment.
696. Art. 658 Penalty for certain persons refusing without reasonable excuse to act as referees.
697. Art. 659 Penalty for default of referee to carry out reference.
698. Art. 660 Submissions by parties to referees.
699. Art. 661 Sittingsofreferees.
700. Art. 662 Extension of time to carry out reference.
701. Art. 663 Penalty for delaying or refusing to file report without reasonable excuse.
702. Art. 664 Summoning of witnesses before referees. Penalty for non-attendance of witnesses.
703. Art. 665 Contents of report.
704. Art. 666 Taxation of fee due to referees.
705. Art. 667 Appeal by referee or party from taxation of fee. Time for appeal.
706. Art. 668 By whom fee of referee is to be provisionally paid.
707. Art. 669 Court may order deposit of fee due to referee.
708. Art. 670 When court may decide cause without the reference.
709. Art. 671 Referee to divide fee in cases where parties are admitted to sue or to defend with the benefitoflegalaid.
710. Art. 672 Publication of report.
711. Art. 673 Time for examination of report.
712. Art. 674 Additional referees.
713. Art. 675 Average of amounts assessed by referees.
714. Art. 677 Time for making demand for additionalreferees.
715. Art. 678 Appointment of additional referees. Challenges for good cause.
716. Art. 679 Inadmissibility of fresh documents or witnesses after the filing of the report.
717. Art. 680 Examination of referees.
718. Art. 681 Court not bound to adopt report.
719. Art. 682 When reference is permitted before appellate court.
720. Sub-title V
721. Art. 683 Inspection in faciem loci.
722. Art. 684 Contents of decree.
723. Art. 685 Service of decree on referees.
724. Art. 686 Deputing judicial assistant for inspections outside jurisdiction of court.
725. Art. 688 Court to repair to place at the appointed time. Attendance of parties. Parties may be represented by advocates, etc.
726. Art. 689 Record of inspection.
727. Art. 690 Directions to referees.
728. Art. 691 Examination of witnesses.
729. Art. 692 Costs of inspection.
730. Sub-title VI
731. Art. 693 Admissionmadein or out of court.
732. Art. 694 Probatory force of admissions made out of court.
733. Art. 695 Declarations, etc., made by advocate, etc., can be withdrawn at any time before judgment. Mere presentation of act by party not to constitute proof of authority by party to advocate, etc.
734. Art. 696 Reference to oath of defendant.
735. Art. 697 Reference to oath of plaintiff.
736. Art. 698 Non-appearance of partytowhoseoath reference is required.
737. Art. 699 In the superior courts,questions be in writing.
738. Art. 700 Written questions to be clear, etc.
739. Art. 702 Demand for reference tooath in inferior courts.
740. Art. 703 Replies to questions.
741. Art. 704 Taking of answers to questions.
742. Art. 705 Further queries.
743. Art. 706 Deputing judicial assistant to take answers upon a reference to oath.
744. Art. 707 Reference to oath of other parties not under impediment.
745. Art. 708 Before inferior courts reference to be taken by sitting magistrate.
746. Art. 709 Applicability of article 606(3), (4) and (5) where partytowhoseoath reference is required, is outside jurisdiction.
747. Art. 711 Reference to oath of party absent not allowed.
748. Art. 712 Deputing judicial assistant to take deposition upon reference of party who might die before day of trial.
749. Art. 713 Evidence by reference admissible at any stage of proceedings.
750. Art. 714 Evidence by reference may not be refused, even if no other evidence is available.
751. Art. 715 Subject-matter of reference.
752. Art. 716 Power to defer back questions.
753. Art. 717 Refusal of party to whom reference is made to answer or defer back questions. Refusal of party referring to answer questions deferred back to him.
754. Art. 718 Retracting of questions.
755. Art. 719 Party present in court to declare whether he intends answering or deferring back questions.
756. Art. 720 Suppletory oath.
757. Art. 721 Oath may be administered before or after judgment.
758. Art. 722 Judgment to fix time within which suppletory oath is to be taken.
759. Art. 723 Oath in litem.
760. Art. 724 Party admitted to oath to in litem produce list of sums, etc., due.
761. Art. 725 Power of court.
762. Art. 726 Applicability of article 606(3), (4) and (5).
763. Art. 727 Oaths to be administered by registrar.
764. Sub-title 1
765. Art. 728 Pleas to be raised in sworn answer.
766. Art. 729 Power of court to hear merits of case in order to dispose of preliminary plea.
767. Art. 730 Certain pleas to be determined under separate heads.
768. Art. 731 Pleas which may be raised at any stage of proceedings.
769. Art. 732 Peremptory pleas.
770. Art. 732A pleas Ex officio raised by the court.
771. Sub-title II
772. Art. 733 Challenge or abstention of judge.
773. Art. 734 Grounds for challenge or abstention of judge.
774. Art. 735 Abstention by judge. Written or oral declaration thereanent. Judge may hear and determine cause, if parties give their consent thereto.
775. Art. 736 Judge to sign applications or warrants despite being otherwise precluded from dealing with cause.
776. Art. 737 Objection to judge to be made in open court.
777. Art. 738 Decision on grounds of challenge or abstention.
778. Art. 739 When objection to judge is not admissible.
779. Art. 740 Application of provisions to magistrates.
780. Sub-title III
781. Art. 741 Plea to the jurisdiction. Grounds of plea.
782. Art. 742 Persons subject to jurisdiction of civil courts of Malta.
783. Art. 742A Immunity of the President of Malta.
784. Art. 742B Jurisdiction in rem against ships or vessels.
785. Art. 742C Action in in rem cases mentioned in article 742B(a) to (c).
786. Art. 742D Action in rem in cases mentioned in article 742B(d) to (y).
787. Art. 742E Jurisdiction in rem against aircraft.
788. Art. 742F Action in rem.
789. Art. 742G Jurisdiction in rem against aircraft engines.
790. Art. 742H Action in rem in cases mentioned in article 742G.
791. Art. 743 Party against whom counter- claim is set up, subject to jurisdiction of the courts of civil jurisdiction.
792. Art. 744 Where counter- claim may be set up in other competent court in Malta.
793. Art. 745 Rules as to jurisdiction between the several courts of Malta.
794. Art. 746 Plea to jurisdiction based on value of thing in issue.
795. Art. 747 Uncertain or indeterminate value.
796. Art. 748 Determination of value by the demand.
797. Art. 749 Determination of value of immovable property, or of right in perpetuity to ground-rents, etc.
798. Art. 750 Determination of value of right to ground-rents, etc., for a determinate period.
799. Art. 751 Determination of value of right to annuities for life or for indeterminate period.
800. Art. 752 Determination of value in actions for maintenance.
801. Art. 753 Determination of value in actions touching obligations the amount whereof is payable by instalments, or in actions to enforce or avoid obligations.
802. Art. 754 Avoidance of obligation ope exceptionis.
803. Art. 755 Determination of value in actions touching contracts of lease,
804. Art. 756 in actions of ejectment of tenants.
805. Art. 757 Where no determinate period is alleged, or where a determinate period is alleged by defendant.
806. Art. 758 Determination of value in actions relating to rendering of accounts.
807. Art. 759 Actions for payment of several sums due for different causes.
808. Art. 760 Actions relating to capital and interest.
809. Art. 761 Valuation by expert.
810. Art. 762 Appointment of expert. Where parties do not agree on expert to be appointed. Expert may be challenged for good cause. Valuation not subject to appeal.
811. Art. 763 Determination of value for the purpose of establishing court to which appeals from judgments of Gozo court in its superior jurisdiction are to be brought.
812. Art. 764 Valuation of expert appointed by parties.
813. Art. 765 Fruits, etc., not to be reckoned in determining value.
814. Art. 766 Determination of value for purposes of jurisdiction only to form basis of taxation of judicial costs.
815. Art. 767 Privilegium fori.
816. Art. 768 Rules as to jurisdiction where some defendants reside in Malta and some in Gozo or Comino.
817. Art. 769 Cessation of privilegium fori, where number of defendantsresiding in Malta is equal the number of defendantsresiding in Gozo and Comino,
818. Art. 770 or where action touches obligation to be carried out in one particular Island.
819. Art. 771 Privilegium fori maynotbeclaimed by heir if it could not be claimed by predecessor.
820. Art. 772 Express or tacit waiver of privilegium fori.
821. Art. 773 Jurisdiction not affected by reason of the place where thing is. Jurisdiction ratione depositi.
822. Art. 774 Where want of jurisdiction is to be declared by court of its own motion.
823. Art. 775 Conflicting decisions as to jurisdiction.
824. Art. 776 Procedure.
825. Art. 777 Court of first instance declared competent by CourtofAppeal,to take cognizance of action.
826. Sub-title IV
827. Art. 780 Plea as to capacity of plaintiff or defendant.
828. Art. 781 Incapacitytosueor be sued.
829. Art. 782 Exceptions.
830. Art. 783 Appointment of curator ad litem.
831. Art. 784 Authorisation of court instead of consent of parent.
832. Art. 785 General authority by court to child.
833. Art. 786 Plea as to capacity of person may not be raised against procurator of revenue of Diocesan Bishop of Malta,
834. Art. 786A When plea of incapacity is not allowed.
835. Art. 787 Nullity of acts by or against persons under disability.
836. Art. 788 Cure of defect of nullity.
837. Sub-title V
838. Art. 789 Plea of nullity of judicial acts.
839. Art. 790 Where plea of nullityofjudgment may not be entertained.
840. Sub-title VI
841. Art. 791 Pleas in spoliation suits.
842. Sub-title VII
843. Art. 792 Lis alibi pendens.
844. Art. 793 Connection of actions,
845. Art. 794 Period within which to oppose plea.
846. Sub-title VIII
847. Art. 795 Plea as to beneficium excussionis.
848. Art. 796 Deposit of costs of discussion.
849. Art. 797 Suspension of proceedings.
850. Art. 798 Default of defendant.
851. Art. 799 Cause to be proceeded with if claim is not wholly satisfied.
852. Art. 800 Discussionofother property.
853. Art. 801 Plea may be waived.
854. Sub-title IX
855. Art. 802 Plea of falsification.
856. Art. 803 Where cause can be decided irrespective of plea.
857. Art. 804 Plea to be determined independently of criminal action.
858. Art. 805 Arrest of person suspected of falsification.
859. Title III
860. Art. 806 Where party to suit dies.
861. Art. 807 Continuation of suit by presumptiveheir curators.
862. Art. 808 Default of heir, etc., to continue suit not to imply renunciation of inheritance, etc.
863. Art. 809 Service of banns on presumptive heir.
864. Art. 810 Acceptance of curatorship. Court may appoint official curator.
865. Art. 810A Change of parties due to other causes.
866. Art. 810B Continuation of suit in the absence ofanapplicationor of a curator.
867. Title IV
868. Art. 811 New trial of decided causes.
869. Art. 812 New trial of causes decided in first instance.
870. Art. 813 Extent of admissibility of new trial.
871. Art. 814 Court to which demand for new trial is made.
872. Art. 815 Form of demand for new trial.
873. Art. 816 Contents of sworn application.
874. Art. 818 Time for demanding new trial.
875. Art. 819 Time to be peremptory and to runagainst minors, etc.
876. Art. 820 If new trial is allowed, rehearing of cause to be proceeded with.
877. Art. 821 Demand for new trial to be made once only. Exceptions.
878. Art. 822 Demand for new trial may be availed of by defendant.
879. Art. 823 Demand for new trial not to operate as a stay of execution.
880. Art. 824 No new trial in respect of judgment given upon new trial.
881. Art. 825 Errors of calculation in judgment.
882. Title V
883. Art. 825A Applicability of this Title and European Union Regulations.
884. Art. 826 Enforcement of judgments of tribunals outside Malta.
885. Art. 827 Inquiry by court.
886. Art. 828 Effects of registration of judgment in Public Registry.
887. Title VI
888. Art. 829 Party may safeguardhisrights by precautionary acts.
889. Art. 830 Precautionary acts.
890. Art. 831 Application for issue of warrant.
891. Art. 832 Where claim is for payment of sum of money.
892. Art. 833 Administering of oath.
893. Art. 833A Filing of precautionary warrants with judicial letter.
894. Art. 833B Letter lodged in accordance with article 34 of the Mediation Act.
895. Art. 833C Filing of precautionary warrant with judicial letter for execution of bills of exchange and promissory notes issued in terms of the Commercial Code.
896. Art. 833D Filing of precautionary warrant with judicial letter filed in accordance with article 466.
897. Art. 834 Notice of execution of warrant.
898. Art. 836 Counter-warrant.
899. Art. 837 Precautionary acts which may not be issued by inferior courts.
900. Art. 838 Precautionary acts.
901. Art. 838A Security for payment of penalty, etc.
902. Art. 838B Precautionary warrants to remain in force until the cause becomes res judicata.
903. Sub-title I
904. Art. 839 Object of warrant.
905. Art. 840 Manner of executing warrant.
906. Art. 841 Liability of person in possession of things described.
907. Art. 842 Power of court.
908. Art. 843 Time within which to bring action.
909. Art. 844 Extension of time.
910. Art. 845 Applicability of articles 275, 276 and 279.
911. Art. 846 Warrant of seizure.
912. Art. 847 Judicial acknowledgement of claim to precede judicial sale by auction.
913. Art. 848 In inferior courts demandforjudicial acknowledgment of claim to accompany demand for issue of warrant.
914. Art. 848A Scope of warrant.
915. Art. 848B Court to appoint administrator and expert.
916. Sub-title IV
917. Art. 849 Precautionary garnishee order.
918. Art. 851 Order for judicial sequestration.
919. Art. 852 Sequestrationorder in regard to immovable property.
920. Art. 853 Judicial sequestrator. Duties.
921. Art. 854 Remuneration.
922. Sub-title V
923. Art. 855 Object of warrant. Revoked by: XIV.2006.99.
924. Art. 856 Warrant to have effect both to seize and to attach the vessel. Revoked by: XIV.2006.99.
925. Art. 857 The authority in charge of the vessel to be considered official consignee.
926. Art. 858 Warrant to be sued out on appropriate form. Revoked by: XIV.2006.99.
927. Art. 859 Warrant available where claim is not less than €7,000. Revoked by: XIV.2006.99.
928. Art. 860 Statement to be contained in application. Revoked by: XIV.2006.99.
929. Art. 861 Penalty in case of malicious demand for warrant.
930. Art. 862 Security for payment of penalty, etc. Revoked by: XIV.2006.99.
931. Art. 863 Ships or vessels not subject to the issue of a warrant. Revoked by: XIV.2006.99.
932. Art. 864 Order for the sale of a ship or vessel pendente lite.
933. Art. 865 Joint and several liability. Revoked by: XIV.2006.99.
934. Sub-title IV A
935. Art. 865A Object of warrant.
936. Art. 865B Warrant’s effects.
937. Art. 865C The authority in charge of the aircraft to be considered official consignee.
938. Art. 865D Warrant to be sued out on appropriate form.
939. Art. 865E Warrant not below certain values.
940. Art. 865F Statement to be contained in application.
941. Art. 865G Penalty in case of malicious demand for warrant.
942. Art. 865H Security for payment of penalty, etc.
943. Art. 865I Aircraftnotsubject to the issue of a warrant.
944. Art. 865J Order for the sale of an aircraft pendente lite.
945. Art. 865K Joint and several liability.
946. Sub-title V
947. Art. 873 Object of warrant.
948. Art. 874 Warrant to secure debt or claim.
949. Art. 875 Execution of warrant.
950. Art. 876 Warrant in cases of personalseparation or divorce.
951. Art. 876A Applicability of certain articles.
952. Art. 877 Warrant to restrain a person from taking a minor outside Malta.
953. Title VII
954. Art. 889 Protestandjudicial letter.
955. Art. 890 Effect from date of service.
956. Art. 891 Act interrupting prescriptiontotake effect from day of filing.
957. Art. 892 Cautio Angeli.
958. Title VIII
959. Art. 893 Security. When deemed to be sufficient.
960. Art. 894 How security is offered or objected to.
961. Art. 896 Security tor judicial costs.
962. Art. 897 Form of objection.
963. Art. 898 Protest not to suspend running of time for filing pleadings.
964. Art. 899 Enlargement of time for filing pleading, etc., not to imply enlargement of time for objecting to security.
965. Art. 900 Objection to be notified to party giving security. Party to give fresh security, etc.
966. Art. 901 Fresh security admissible, if previous security declared insufficient.
967. Art. 903 Objection to security by registrar.
968. Art. 904 Juratory caution.
969. Art. 905 Special rules respectingsecurity.
970. Title IX
971. Art. 906 Withdrawalofacts.
972. Art. 907 Effect of withdrawal.
973. Art. 908 Conditional withdrawal.
974. Art. 909 Annexing of exhibits to fresh record.
975. Art. 910 Effect of discontinuance of appeal by some of the co-appellants.
976. Title X
977. Art. 911 Benefit of legal aid.
978. Art. 912 Conditions for admission to the benefitoflegalaid.
979. Art. 913 Non-applicability of s. 912.
980. Art. 914 Examination of demand for benefit of legal aid by AdvocateforLegal Aid.
981. Art. 916 Enlargement of time for report of advocate for Legal Aid.
982. Art. 917 Decree allowing or rejecting demand for legal aid.
983. Art. 918 Advocateandlegal procurator to be assigned to person with benefit of legal aid.
984. Art. 919 When party may not be admitted to proceed with the benefitoflegalaid.
985. Art. 920 Personwithbenefit of legal aid to be exempt from payment of fees, etc.
986. Art. 921 Where party proceeding with the benefit of legal aid succeeds in his action.
987. Art. 922 Nullity of acts not in accordance with terms of admission.
988. Art. 923 Where person may be deprived of benefit.
989. Art. 924 Penalty for advocate or legal procuratorrefusing his aid without just cause.
990. Art. 925 Duties of advocate or legal procurator.
991. Art. 926 Companies not entitled to legal aid.
992. Art. 927 Demand and grant of benefit of legal aid.
993. Title X A
994. Art. 928A Interpretation.
995. Art. 928B Right to legal aid.
996. Art. 928C Appointmentofthe competent authority.
997. Art. 928D Functions of the competent authority.
998. Art. 928E Procedure.
999. Art. 928F Costs.
1000. Art. 928G Other costs.
1001. Art. 928H Miscellaneous.
1002. Title X B
1003. Art. 928I Interpretation. S.L. 460.25
1004. Art. 928J Application for Legal aid.
1005. Art. 928K Waiver of fees.
1006. Title XI
1007. Art. 929 Where curators are to be appointed in superior courts or Gozo court in superior jurisdiction.
1008. Art. 930 Appointment of curators before or in the course of proceedings.
1009. Art. 931 Issue of banns. Posting up and service of banns.
1010. Art. 932 Contents of banns.
1011. Art. 933 Confirmation as curator of person offering to accept appointment.
1012. Art. 934 Appointment of official curators.
1013. Art. 935 Person confirmed as curator not entitled to expenses.
1014. Art. 936 Duties of curators.
1015. Art. 937 Duties of legal procurator appointed as curator.
1016. Art. 938 Fees due to official curators.
1017. Art. 939 Appointment as curators of persons expert in the subject-matter of the curatorship.
1018. Art. 940 Appointment of curators in ad litem inferior courts.
1019. Art. 941 Power of court.
1020. Art. 942 Procedure prescribed in Title to apply to cases arisingbeforecourt of second instance or on new trial.
1021. Title XII
1022. Art. 943 Irregular deposits (i.e. lodgment of money legally current in Malta).
1023. Art. 944 Conditions for withdrawal of money.
1024. Art. 945 Duties of registrar in connection with withdrawal of money.
1025. Art. 946 Claim touching a deposit, equivalent to garnishee order.
1026. Art. 947 Withdrawal of depositmadeunder a schedule of redemption.
1027. Art. 948 Deposit of things other than cash.
1028. Art. 949 Rules regarding place for depositof things other than cash.
1029. Art. 950 Compulsory withdrawal of things other than cash in certain cases.
1030. Art. 951 Regular deposits (i.e. lodgment of money not legally current in Malta, gold or silver articles, etc.).
1031. Title XIV
1032. Art. 960 Admissionofparty in statu et terminis.
1033. Art. 961 Joinder of third party.
1034. Art. 962 Effect of joinder of third party.
1035. Title XV
1036. Art. 963 Time for close of pleadings.
1037. Art. 964 Causes adjourned or sine die otherwise suspended.
1038. Art. 967 Date on which desertion takes place.
1039. Title XVI
1040. Art. 968 Arbitration.
1041. Art. 969 Nullity of submission to arbitration.
1042. Art. 973 Duration of submission. Submissiontostate dispute and name of arbitrators.
1043. Art. 975 Power to enlarge time for making award.
1044. Art. 981 Formalities and times to be observed in arbitration proceedings. Arbitrators to adjudge according to rules of law.
1045. Art. 984 Deliberation of majority to form award. Contents of award.
1046. Art. 986 Rescission or annulment of award.
1047. Title XVII
1048. Art. 988 Order at sittings.
1049. Art. 989 Unseemly behaviour in facie curiae.
1050. Art. 990 Punishment of contemner.
1051. Art. 991 Punishment for indecent words or gestures or insulting remarks in facie curiae. Cap. 9.
1052. Art. 992 Where act of contempt constitutes a criminal offence. Cap. 9.
1053. Art. 993 Where act of contempt is committed by advocate, etc.
1054. Art. 994 Use of forbidden expressions etc.
1055. Art. 995 Punishment for insults to court officers.
1056. Art. 996 Excesses by advocate, etc.
1057. Art. 997 Contempt of court proceedings.
1058. Art. 998 Warrant of escort or arrest of offender.
1059. Art. 999 Place of custody for persons sentenced to detention.
1060. Art. 1000 Court may commute or remit punishment.
1061. Art. 1001 Fines forfeited to Government.
1062. Art. 1002 Pecuniary punishment convertible into detention or imprisonment. Cap. 9.
1063. Art. 1003 No appeal from sentences for contempt in facie curae.
1064. Art. 1003A Registrar shall institute etc. contempt proceedings.
1065. Title XVIII
1066. Art. 1004 Taxationofjudicial costs.
1067. Art. 1005 Agent of absent litigant, liable to registry fees and costs.
1068. Art. 1006 When registrar may claim registry fees from defendant.
1069. Title XIX
1070. Art. 1007 Forms.
1071. Art. 1008 Purchase of forms.
1072. Art. 1009 Contrary usage to be inoperative.
1073. Art. 1009A Procedure by electronic means.
1074. Art. 1009B Regulations.
1075. Art. 13
1076. Art. 14
1077. Art. 17
1078. Art. 18
1079. Art. 19
1080. Art. 20
1081. Art. 37
1082. Art. 38
1083. Art. 40