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Code Of Organization And Civil Procedure (Cap. 12) Code Of Organization And Civil Procedure (Schedule B) (Amendment) Regulations, 2009 (Ln 36 Of 2009 )

CODE OF ORGANIZATION AND CIVIL PROCEDURE (CAP. 12)Code of Organization and Civil Procedure(Schedule B) (Amendment) Regulations, 2009

IN exercise of the powers conferred by article 1007(3) of the Code of Organization and Civil Procedure (Cap. 12), the Minister of Justice has made the following regulations:-

Citation.

Cap. 12.

Addition of forms in Schedule B of the Code.

B 446

No. 32
Warrant of Arrest of Sea Vessels
over ten metres in length (Precautionary)
Before ........................................................... Warrant No. ........................................
Applicant ...............................................
...............................................
............................................... vs
Respondent ...............................................
...............................................
Application of ............................................................
...............................................
It is being respectfully submitted and confirmed on oath by .......................................:-
That the applicant seeks to safeguard a debt or a claim, whether in personam or in rem, which could be frustrated by the departure of the sea vessel indicated in this warrant;
That the claim or debt is the following:-
That the details of the said sea vessel are the following:-
- Name:- ..............................................................................................................................
- Identification details of the sea vessel
1.
2.
3.
4.
- Place where the said vessel is to be found ..........................................................................
- Authority: Malta Maritime Authority................................................................................

B 447

That by the departure of the said sea vessel from Malta, the debt or claim of the applicant may be evaded;
Therefore, the applicant respectfully requests that this Court orders the issue of a Warrant of Arrest of Sea Vessels against the said sea vessel for the herein mentioned credit and for the costs of this procedure.
Advocate Legal Procurator
Confirmed on oath before be after having read to him/her the contents, and filed by:-

B 448

Nru. 32
Warrant of Arrest of Sea Vessels
over ten metres in length (Precautionary)

Court Order

Republic of Malta
Warrant No..................................................
Whereas the attached application has been filed and there exist sufficient grounds according to law for the issuance of the Warrant of Arrest of Sea Vessels;
The Court thus:-
Orders the Malta Maritime Authority or any other authority so designated by the Minister and which has in its hands or under its control the sea going vessel against which such warrant is being issued, to seize the vessel and not release such sea vessel or allow the debtor to divest himself in any way from the same in whole or in part or to give or surrender to any person any rights on the same;
Orders the same authority to take all necessary measures to display the court order for the general attention of third parties;
Orders the Executive Officer to execute this warrant by serving it on the executive officer of the authority which has in its hands or under its control the sea going vessel against which such warrant is being issued;
Orders the Executive Officer serve a copy of the warrant on the person whose ship or vessel is arrested, the master or other person in charge of such ship or vessel or the agent of such ship or vessel;
Orders the Executive Officer to take all necessary actions to ensure the execution of this warrant, including the seizure and removal of all travel documentation of the same ship or vessel.
Given by the Court
Today

B 449

No. 33
Executive Warrant of Arrest of Sea Vessels over ten metres in length
Before ........................................................... Warrant No. ........................................
Applicant ...............................................
...............................................
............................................... vs
Respondent ...............................................
...............................................

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

...............................................
It is being respectfully submitted and confirmed on oath by .......................................:-
That the applicant is in possession of an executive title and wishes to enforce same on the sea vessel hereunder indicated, the execution of which title could be frustrated by the departure of the sea vessel indicated in this warrant;
That the executive title is the following:-
That the details of the said sea vessel are the following:-
- Name:- ..............................................................................................................................
- Identification details of the sea vessel
1.
2.
3.
4.
- Place where the said vessel is to be found .........................................................................

B 450

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

Therefore, qthe applicant respectfully requests that this Court orders the issue of an Executive Warrant of Arrest of Sea Vessels against the said sea vessel for the herein mentioned credit and for the costs of this procedure and (1) order the sale of the said vessel or (2) fix a time-limit within which the debtor is to pay the amount due.

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

B 451

No. 33
Executive Warrant of Arrest of Sea Vessels over ten metres in length
(Order for payment)

Court Order

Republic of Malta
Warrant No. .................................................
Whereas the attached application has been filed and there exist sufficient grounds according to law for the issuance of the order herein contained;
The Court thus:-
Orders the debtor to pay the amount due as requested within ................................ days, and the present warrant shall remain in force definitively until payment of the full amount is effected;
Orders the Malta Maritime Authority or any other authority so designated by the Minister and which has in its hands or under its control the sea going vessel against which such warrant is being issued, to seize the vessel and not release such sea vessel or allow the debtor to divest himself in any way from the same in whole or in part or to give or surrender to any person any rights on the same;
Orders the same authority to take all necessary measures to display the court order for the general attention of third parties;
Orders the Executive Officer to execute this warrant by serving it on the executive officer of the authority which has in its hands or under its control the sea going vessel against which such warrant is being issued;
Orders the Executive Officer serve a copy of the warrant on the person whose ship or vessel is arrested, the master or other person in charge of such ship or vessel or the agent of such ship or vessel;
Orders the Executive Officer to take all necessary actions to ensure the execution of this warrant, including the seizure and removal of all travel documentation of the same ship or vessel.
Given by the Court
Today

B 452

No. 33
Executive Warrant of Arrest of Sea Vessels over ten metres in length
(Order of Judicial sale -

given after issuance of an Order for payment)

Court Order

Republic of Malta
Warrant No .................................................
Whereas the attached application has been filed and there exist sufficient grounds according to law for the issuance of the order herein contained;
The Court thus:-
Orders the sale by judicial auction of the said vessel as indicated in the application;
Orders the Registrar to appoint experts in terms of article 89 of the Code of Organization and Civil Procedure (Cap. 12) as may be required;
Sets the day, time and place of the judicial sale as being the following:-
Orders the Registrar to notify this decree to the Malta Maritime Authority or any other authority so designated by the Minister and which has in its hands or under its control the sea going vessel against which such warrant is being issued as well as on the person whose ship or vessel is arrested, the master or other person in charge of such ship or vessel or the agent of such ship or vessel.
Given by the Court
Today

B 453

No. 33
Executive Warrant of Arrest of Sea Vessels over ten metres in length
(Order of Judicial sale -

without the issuance of an Order for payment)

Court Order

Republic of Malta
Warrant No .................................................
Whereas the attached application has been filed and there exist sufficient grounds according to law for the issuance of the order herein contained;
The Court thus:-
Orders the sale by judicial auction of the said vessel as indicated in the application;
Orders the Registrar to appoint experts in terms of article 89 of the Code of Organization and Civil Procedure (Cap. 12) as may be required;
Orders that the appraisals of the expert/s are to be filed within ...................... days;
Orders the Malta Maritime Authority or any other authority so designated by the Minister and which has in its hands or under its control the sea going vessel against which such warrant is being issued, to seize the vessel and not release such sea vessel or allow the debtor to divest himself in any way from the same in whole or in part or to give or surrender to any person any rights on the same;
Orders the same authority to take all necessary measures to display the court order for the general attention of third parties;
Orders the Executive Officer to execute this warrant by serving it on the executive officer of the authority which has in its hands or under its control the sea going vessel against which such warrant is being issued;
Orders the Executive Officer to take all necessary actions to ensure the execution of this warrant, including the seizure and removal of all travel documentation of the same ship or vessel.
Sets the day, time and place of the judicial sale as being the following:-

B 454

Orders the Registrar to notify this decree to the Malta Maritime Authority or any other authority so designated by the Minister and which has in its hands or under its control the sea going vessel against which such warrant is being issued as well as on the person whose ship or vessel is arrested, the master or other person in charge of such ship or vessel or the agent of such ship or vessel.
Given by the Court
Today