Cap. 16 Art. 2009Privileged claims over particular movables.

The privileged debts over particular movables are:

(a) the debt due to the pledgee, over the thing which he holds as a pledge;

(b) the debt due to a hotel-keeper for accommodation provided or supplies furnished to a guest, over the effects of such guest, so long as such effects exist in the hotel or house of the hotel-keeper;

(c) the debt due for the carriage of goods, over the goods carried;

(d) the debt due in respect of the price of a thing, whether the sale has been effected with a stipulation as to credit or without such stipulation; and the debt due for labour, supplies or expenses, bestowed, furnished or incurred in the production or for the preservation or improvement of a thing, over the thing itself, saving, with regard to the seller, the provisions of article 1439. This privilege applies also to the debt due to the advocate and legal procurator for their fees in respect of the action for the recovery of a thing, over the thing itself, if recovered; as well as to the debt due to the person disbursing the expenses incurred in such action;

(e) the debt due to the for ground-rent, and the dominus debt due to the lessor for the rent of an immovable, over the fruits, and over the value of all things which serve for the furnishing or stocking, or for the cultivation of the tenement, to whomsoever such fruits or other things may belong: Provided that such privilege shall not be available to the proprietor or the lessor if the said products or things belong to or are held by or on behalf of any department of the Government of Malta in any case in which such department is not itself directly liable for the payment of the debt. This privilege applies also to indemnities due to the or to the lessor for the repairs which the dominus emphyteuta or the lessee has failed to carry out, and for the non-performance of any other covenant of the contract. It shall be lawful for the and the lessor to dominus seize, or attach by a garnishee order the movables with which the tenement was furnished or stocked or which served for its cultivation if such movables have been removed elsewhere without their consent, and they preserve their privilege over such movables provided they make the demand for the issue of the warrant within fifteen days from the day on which the said movables have been so removed.

OF PRIVILEGES OVER IMMOVABLES