Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)
Cap. 12 чл. 274Preparation and issue of executive warrants.
Sub-title I
(1) Any of the warrants or the order mentioned in the last preceding article is issued by the court on the demand of the party suing out execution:
Provided that where in the opinion of the registrar the signature of the judge or magistrate empowered to issue a warrant of seizure of movable property or an executive garnishee order, cannot be obtained within a reasonable time and that delay may be prejudicial, the said warrant or order may be issued over the signature of the registrar personally after having first obtained verbal authorisation from the judge or magistrate to do so, the judge or magistrate shall append his own signature under that of the registrar at the earliest opportunity as proof that the said authority had been given or, if it is not possible for the registrar to obtain such authorisation, the registrar shall issue the said warrant or order over his signature subject to the ratification of such action by a judge or magistrate as soon as possible and no action shall be available to impugn the regularity of such warrant or order on the grounds that the warrant or order could have been issued over the signature of a judge or a magistrate, as the case may be.
(2) The demand for the issue of the warrant or order shall be made by application, and such application shall indicate the sum and, or the article due in virtue of the title, and also such remedies and, or provisions that are being demanded.
(3) Where the executive title be other than a judgment of the court to which the demand is made, a copy of such title and of the act containing the intimation, where such intimation is required under article 256, shall be filed together with the demand.
(4) If by the same warrant or order it is sought to recover also judicial costs, the amount thereof shall be stated in the demand and the taxed bill of such costs shall be attached thereto.
История на изменения
- Amended by XIV.2006.5