A 308
CAP. 4]
[Subsidiary]
The Rules of the Supreme Court Order 76 [1988 Ed.
party under rule 42(4) or, if a notice of the filing of a statement of the grounds of the decision was subsequently sent to him thereunder, within 28 days after the date on which the notice was sent.
(2) The decision of the Registrar shall be deemed to be given on the date on which it is filed, but, unless he or the judge otherwise directs, the decision shall not be acted upon until the time has elapsed for filing notice of a motion in objection thereto.
(3) A direction shall not be given under paragraph (2) without the parties being given an opportunity of being heard but may, if the Registrar announces his intended decision at the conclusion of the hearing of the reference, be incorporated in his decision as reduced to writing under rule 42(4).
Drawing up and entry of judgments and orders (O. 75, r. 45)
45. Every judgment given or order made in an Admiralty cause or matter, except an order which by virtue of Order 42, rule 4, is not required to be drawn up, shall be drawn up in the Registry and shall be entered by an officer of the Registry in the book kept for the purpose.
Inspection of documents filed in Registry (O. 75, r. 46)
46. (1) Order 63, rule 4, shall apply in relation to documents filed in the Registry.
(2) For the purpose of Order 63, rule 4, a decree made by the Registrar in a limitation action and a decision and any statement of the grounds of that decision filed under rule 42 shall be deemed to have been made or given in court.
ORDER 76
CONTENTIOUS PROBATE PROCEEDINGS
Application and interpretation (O. 76, r. 1)
1. (1) This Order applies to probate causes and matters, and the other provisions of these rules apply to those causes and matters including applications for the rectification of a will subject to the provisions of this Order.
(2) In these rules "probate action" means an action for the grant of probate of the will, or letters of administration of the estate, of a deceased person or for the revocation of such a grant or for a decree pronouncing for or against the validity of an alleged will, not being an action which is non-contentious or common form probate business.
(3) In this Order, "will" includes a codicil.
A 308
CAP. 4]
[Subsidiary]
The Rules of the Supreme Court Order 76 [1988 Ed.
party under rule 42(4) or, if a notice of the filing of a statement of the grounds of the decision was subsequently sent to him thereunder, within 28 days after the date on which the notice was sent.
(2) The decision of the Registrar shall be deemed to be given on the date on which it is filed, but, unless he or the judge otherwise directs, the decision shall not be acted upon until the time has elapsed for filing notice of a motion in objection thereto.
(3) A direction shall not be given under paragraph (2) without the parties being given an opportunity of being heard but may, if the Registrar announces his intended decision at the conclusion of the hearing of the reference, be incorporated in his decision as reduced to writing under rule 42(4).
Drawing up and entry of judgments and orders (O. 75, r. 45)
45. Every judgment given or order made in an Admiralty cause or matter, except an order which by virtue of Order 42, rule 4, is not required to be drawn up, shall be drawn up in the Registry and shall be entered by an officer of the Registry in the book kept for the purpose.
Inspection of documents filed in Registry (O. 75, r. 46)
46. (1) Order 63, rule 4, shall apply in relation to documents filed in the Registry.
(2) For the purpose of Order 63, rule 4, a decree made by the Registrar in a limitation action and a decision and any statement of the grounds of that decision filed under rule 42 shall be deemed to have been made or given in court.
ORDER 76
CONTENTIOUS PROBATE PROCEEDINGS
Application and interpretation (O. 76, r. 1)
1. (1) This Order applies to probate causes and matters, and the other provisions of these rules apply to those causes and matters including applications for the rectification of a will subject to the provisions of this Order.
(2) In these rules "probate action" means an action for the grant of probate of the will, or letters of administration of the estate, of a deceased person or for the revocation of such a grant or for a decree pronouncing for or against the validity of an alleged will, not being an action which is non-contentious or common form probate business.
(3) In this Order, "will" includes a codicil.
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