Cap. 12 Art. 837Precautionary acts which may not be issued by inferior courts.

(1) It shall not be lawful for the Court of Magistrates (Malta), or the Court of Magistrates (Gozo) in its inferior jurisdiction to issue any warrant of description or impediment of departure for the purpose of a reference to the oath of the opposite party.

(2) It shall not be lawful to issue any precautionary warrant of seizure or garnishee order in security of any right or claim against the Government of Malta.

(3) It shall not be lawful to issue any warrant of seizure or garnishee order, in security of any right or claim against any of the persons mentioned in sub-article (4)(a), or any warrant of impediment of departure in security of any right or claim against any of the persons mentioned in paragraphs (b) or (c) of the said sub-article.

(4) The persons to whom sub-article (3) refers are:

(a) any person belonging to the armed forces of any country or any person belonging to any vessel wholly chartered in the service of the Government of Malta if such person is in Malta with the force or vessel to which he belongs;

(b) any master, seaman or other person regularly enrolled, if the ship to which he belongs has obtained her clearance; and

(c) any engineer of any rank, employed on any steam vessel.

(5) (a) If any such warrant or order has been unduly issued and carried into effect against any of the persons above-mentioned, it shall be lawful to obtain the rescission of the warrant or order or of anything done thereunder by making an application to that effect stating out the cause for his exemption, and producing in support thereof any certificate, document, or other evidence to the satisfaction of the judge or magistrate by whom the warrant or order was issued.

(b) The release of the person from the warrant or order may also be applied for as aforesaid by the officer commanding the vessel on which such person is enrolled, or by the officer commanding the force, the regiment or the company to which such person belongs, or by any other military, naval or air force authority.

(6) It shall not be lawful to issue any precautionary warrant of seizure, warrant of seizure of a commercial going concern or garnishee order in security of any right or claim against any person for damages for libel or other defamation under any law.