ACT No. XXXI of 1980 AN ACT further to amend the Code of Organization and Civil Proce­ dure, Capo 15.

I assent.

(L.S.)

ANTON BUTIIGIEG

President

25th November, 1980

ACT No. XXXI of 1980

AN ACT further to amend the Code of Organization and Civil Proce­

dure, Capo 15.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this p r e s en t Parliament

assembled, and by t h e authority of the same, as follows:-

This Act may be cited as the Code of Organization and Civil

Procedure (Amendment) Act, 1980, and shall be read and c o ns t ru e d as

one with the Code of Organization and Civi1 Procedure, hereinafter

referred to as "the principal 1aw".

S e c tio n 151 of the p ri ncipa l la w shall be a m ended as foHows

(a) For subsection (1) thereof there shall be substituted t h e

following new subsection (1)

"(1) The Registrar, following the order mentioned in

the last preceding section, shall, as soon as may be, publish

such causes in the list of causes set d o w n for hearing, indicat­

ing that such causes are being set for the tria1 for the first

time, and shall cause the pa rt ie s to be served w ith a noti c e

of the day a p po int ed by the Court for the tdal of t h e cause

Provided that any of th e parties may by a note fi1ed in

the Registry exempt the Registrar from t h e duty of service of

such notice".

For subsection (2) t he r e o f there shall be substituted the

(b)

fo ll o w i n g

"(2) The sa i d notice shall be by s umm o n s If the plain­

.

tifi. appellant or person issuing a libel is not s erv e d with the

said notice, the Registrar. unless he has been exempted as

stated in s u b s e c tion (1) of this section, shall within six work­

ing days inform in writing the advocate of such party that

the notice has not been served, and the advocate shall sign a

copy of the receipt of such comrnunication

Provided that no action shall lie against the advocate for

failure to inform any such party".

In the English text of subsection (12) of section 158 of the prin­

cipal law for the words "serve a copy thereof on the defendant" there

shall be substituted the words "serve a copy thereof on the plaintiff".

In section 396 of the principal law the words "instituted by

libel" and the words "in his answer to the libel" shall be deleted.

For section 398 of the principallaw there shall

the following

398. (l) The defendant who desires to set up a

counter-c1aim shall set up his c1aim in the answer to the

libel, where the proceedings are instituted by libel, or in the

statement of defence, where the proceedings are by writ of

summons, or in the written reply to the application where

proceedings are by application.

(2) The counter-c1aim shall be set up after the

defence to the original c1aim made out as required by law

and the defendant sha11, with respect to the counter-claim

observe, as far as practicable, the rules established by this

Code or by any other law for the written pleading by which

the proceedings were first instituted.

(3) Where proceedings are instituted by libel,

the plaintiff shall in making his reply, proceed in the same

manner as if there had been no counter-claim; he shall then

reply to the allegations made in the answer of the opposite

party in support of the counter-c1airn, observing the ruIes

established by this Code for the answer to the libe1.

(4) Where proceedings are by writ of summons,

the setting up of a counter-claim in a statement of defence

shall be equivalent to the filing of a writ of summons with

respect to that c1aim, and shall be served on the plaintiff, who

shall proceed as if he were the defendant with respect thereto;

and in any such case the c10sing of the preliminary written

procedures and the aplications of sections 150 and 151 shall

take place with the filing of that statement of defence by the

pIaintiff or the expiration of the term for its filing.

".

For section 399 of the principal law there shall be substituted

the following

"399.

Security for costs shall 110t be required in recon-

vention".

Section 402 of the principal law sħall be deleted.

Section 1003 of the principal law shall be del et ed and

sub­

s t it ut e d by the following

1003. (l) Costs shalI be taxed and levied in accord­

ance with the Ta r iffs in Schedule A anne x e d to this Code and

with regulations made b y the Mini s te r responsible for lustice

u n d e r this section.

(2) Regulations made by the Minister under

this section may -

amend, add to, revoke or s u b s ti t u te all or any

(a)

of the Tariffs in the said Schedule A;

(b) make any provision relating to the payment of

costs and in particular but without p re j u d i c e to the g en e ­

rality of the fo r e g o i n g

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(i) to e nsu r e the payment thereof at the time

they are due;

(ii) to require the payment or deposit of any

such co st s or part thereof, as may be prescribed by

the reguJations; and

(iii) to provide for such consequences, effects

and pena1ties with re sp ect to a ny failure to pay

costs or otherwise to comply with the regulations.

as may be prescribed therein.".

Passed by the House of Representatives at Sitting No. 441 of the 24th November.

1980. C. AGIUS

Speaker

C. MIFSUD

Clerk to the House of Repre.l'enlatżves

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Printing Press

Government

Starnperi.ia

C.D.S.

Stampat fI-U.C.S.

the

Prillted 01

t.I·Gvern

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