Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)
Cap. 12 Art. 416Competition of creditors on moneys deposited in court.
Sub-title III
(1) If, in the superior courts or in the Court of Magistrates (Gozo) in its superior jurisdiction, there shall be deposited money in respect of which more than two parties allege claims of preference or priority or any other interest whatsoever, the court, upon the application of any of such claimants, shall, through the registrar, cause a notice to be published in one or more periodical newspapers, including in any case the Government
Gazette, stating that the said money is standing in court, that there are claims upon such money, and calling upon all parties interested therein, to put in their respective claims within the time of one month, on the expiration of which it shall not be lawful for any party failing to put in a claim within that time, to delay or otherwise hinder the decision on the competition proceedings between the parties putting in a claim.
(2) The said notice shall state the day on which, after the expiration of the said time of one month, all the parties interested who shall have put in a claim shall appear in court for the trial of the claims.
(3) In commercial matters, the time above referred to may be abridged to any such shorter period as the court may deem adequate.
(4) The said notice shall be served on the persons making the deposit, the debtor, the execution creditors as well as on any other creditor at whose suit any garnishee order may have been issued.
Amendment history
- Amended by VIII.1990.3