Cap. 12 Art. 894How security is offered or objected to.

(1) Unless otherwise provided by law, the security is offered by means of a note or an application, stating the name, surname, profession, trade, or other status of the surety, his place of abode or his legally valid identification document number; such note or application shall be served on the parties concerned who shall, within a time to be fixed by the court according to the circumstances of each particular case, declare whether they accept or refuse the surety offered.

(2) Objection against the surety may be entered by means of a note or in the answer to the application.

(3) If the security is offered in connection with proceedings taken by application, whether sworn or not, the surety may be named in the application, whether sworn or not.

is 895. (1) Where objection has been made to the sufficiency of the surety ordered or required for the withdrawal of the proceeds or of a portion of the proceeds of immovable property, the surety, unless such surety be a local bank or an insurance company locally represented, in each case approved by the court for the purpose, shall not be declared sufficient unless it be shown on proceedings taken against the party objecting that he possesses immovable property in Malta sufficient to meet the debt or obligation for which he has made himself liable.

(2) Nevertheless, the party seeking to withdraw the said proceeds in whole or in part may, in lieu of producing the surety prescribed by law or ordered by the court or required in a lodgment schedule or in any other act, or, where the surety produced has been objected to, in lieu of finding a new surety, demand that an advocate be appointed by the court at his own expense and subject to such other conditions as the court may in its discretion impose, in order that he may investigate the title to the property sold and to report whether there is any reasonable ground to fear that the purchaser might be evicted or molested in the quiet enjoyment of the property, and in any such case, if the advocate’s report shows to the satisfaction of the court that the title to the property is a good title and that there is no reasonable ground to fear that the purchaser might be evicted or molested in the quiet enjoyment of the property, the court shall, after hearing the purchaser, order that the hypothecation made by the party seeking the withdrawal of the proceeds, even if such party does not own immovable property, shall in itself be sufficient security for the recovery of the proceeds, regardless of any conditions originally imposed for such withdrawal.

(3) Where the surety required is not in respect of the proceeds of immovable property, it shall be lawful for the court on proof being made to its satisfaction to declare the proposed surety to be sufficient surety without the necessity of his having immovable property.