CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

865

to be served with notice

669. Where a claimant other than a creditor has established his claim he shall, if not already a party, and unless the court otherwise directs, be served with notice of the judgment or order pursuant to section 81 (1), and when he has been so served and has entered an appearance he shall, unless the court otherwise directs, be entitled as part of his costs of action (if allowed) to costs properly incurred in proving his claim previously to his having entered an appearance.

[s. 670, rep. Law Revision Ordinance, 1937.

Interest.

of judgment. O.55, r. 60.

*

+

on debt

671. Where a judgment or order is given or made directing an account of the debts of a deceased person, unless otherwise ordered, interest shall be computed on such debts as to such of them as carry interest after the rate they respectively carry, and as to all others at the rate for the time being fixed by the court, from the date of the judgment or order.

interest.

O.55, r. 62.

on debt not

672. A creditor whose debt does not carry interest, who comes in and establishes the same in chambers under a judgment or order, shall be entitled to interest on his debt, at the rate for the time being fixed by the court, from the date of the judgment or order, out of any assets which may remain after satisfying the costs of the cause or matter, the debts established, and the interest of such debts as by law carry interest.

+

legacy.

O. 55, r. 64.

673. Where a judgment or order is given or made directing an account of legacies, interest shall be computed on such legacies, after the rate for the time being fixed by the court, from the end of one year after the testator's death, unless otherwise ordered, or unless any other time of payment or rate of interest is directed by the will, and in that case according to the will.

Certificate of the Registrar.

674. (1) The directions, to be given for or relating to any proceedings before the Registrar shall require no particular form, but the result of such proceedings shall be stated in the shape of a concise certificate to the judge.

* As amended by Law Rev. Ord., 1937.

+ As amended by Law Rev. Ord., 1939.

The rate of interest in practice is 8% per annum.

Nature of certificate.

O. 55, r. 65.

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