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Bill No. 7
Code of Organization and Civil Procedure (Amendment) Bill Back to List

Third Legislature (1971 - 1976)

Objects and Reasons

The object of this Bill is: (a) to increase the jurisdiction, by reason of the value of the claim, of the Court of Magistrates of Judicial Police, as a Court of first instance. and of the Court of Magistrates of Judicial Police for the Islands of Gozo and Comino, as an appelate Court; (b) to increase the minimum amount which is necessary for the issue of warrant of imprisonment for debt, of impediment of departure and of "meditatio fugae"; and to provide for stricter guarantees against the obtaining by creditors of the issue of any warrant maliciously or without cause.

The present requirement that a person should not possess property which is worth £25 or more in order that he may qualify for free legal aid is replaced by the requirements that he should not possess property which is worth £500 or more and should not have a yearly income which amounts to £500 or more. Moreover. any expressions used in the law with reference to free legal aid are modified so as to lay stress on the fact that such aid is a social service which it is the duty of the State to provide.

The names of Ministers and of Head of Departments filing written pleadings or against whom written pleadings are filed need no longer be mentioned in such pleadings, but it will be sufficient to designate the office of any such party to the judicial proceedings.

The Bill contains other provisions which are intended to simplify or to supplement certain rules laid down in the Code of Organization and Civil Procedure; in the former category, is a provision which simplifies the procedure of appeal when the question of the jurisdiction of a court of first instance "ratione materiae" arises.

Motion No. 13 - Code of Organization & Civil Procedure (Amendment) Bill

 

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