1*[THE UNCLAIMED DEPOSITS ACT, 1866]
ACT No. 25 OF 1866
An
Act to transfer to the Government of India certain securities
and
moneys
deposited in the High Courts
of Judicature at Fort William,
Madras
and Bombay 2***.
[11th July, 1866.]
Preamble.
Preamble.- WHEREAS it is expedient that
certain securities and
sums of
money deposited in the High Courts
of Judicature at
Fort
William, Madras
and Bombay, 3*** in the course of
suits in the said
Courts or
in the late Supreme Courts at Calcutta, Madras
and Bombay,
respectively, and
now or hereafter
appearing to have been in such
deposit
for a period of twenty years or
upwards, without any
claim
thereto having
been made and allowed during that period, should be
transferred
and paid to the Government
of India for
the general
purposes
of Government; 4***
It is hereby enacted as follows:-
1. Money
deposited in High Courts and unclaimed for twenty years
transferred
to Government.-All securities and sums
of money deposited
in the
said High Courts 5*** or any of them, in the course of suits in
any
of the said Courts or
of the late Supreme Courts of Calcutta,
Madras
and Bombay, and now or hereafter appearing to have been in such
deposit
for a period of twenty
years or upwards, without any
claim
thereto
having been made and allowed
during that period, shall be
transferred
and paid to 6*[the Government of the State in which the
Court has
its principal seat].
2. [Proceeds of estates administered under
order of Supreme Court of
Straits Settlements or in charge of Administrator
General of Bengal.]
Rep. by
the Administrator General's Act, 1867 (24 of 1867) and the
Repealing
Act, 1874 (16 of 1874).
3. Transfer not made
pending suits.- Nothing in this
Act shall
authorize
any transfer or payment of
any such securities, sums of
money or
proceeds as aforesaid, pending
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1 Short title
given by the Indian Short Titles
Act, 1897 (14 of
1897).
2 The words
"and the proceeds of certain
estates in the charge of
the Administrator General of Bengal"
rep. by Act 24 of 1867, and
the words "and in the Supreme Court
of the Straits Settlements"
rep. by Act 16 of 1874, s. 2 and Sch., Pt.
I.
3 The words
"and in the Supreme Court of
the Straits Settlements"
rep. by Act 16 of 1874, s. 2 and Sch. Pt.
I.
4 The second
cl. of the preamble rep. by Act
12 of 1876, s. 1 and
Sch., Pt. I.
5 The words
"or Supreme Court of the
Straits Settlements" rep. by
Act 16 of 1874.
6 Subs. by
the A. O. 1937 for "the
G. of I. for
the general
purposes of Govt.".
any
suit already instituted or which shall
hereafter be instituted in
respect
thereof.
4.
Repayment
on subsequent establishment of claim.
4. Repayment on subsequent
establishment of claim.-If any claim
shall
hereafter be made to any
part of the securities, monies
or
proceeds
which shall be transferred and 1*[paid to
any Government]
under the
provisions of this Act, and if such claim shall, in the case
of
securities and monies transferred and
paid under section 1 of this
Act, be
established to the satisfaction of the High
Court 2*** from
which the
transfer shall have been made, 2*** 3*[the Government of the
State
in which that Court has
its principal seat shall pay] to
the
claimant
the amount of the principal
so transferred and
paid as
aforesaid,
or so much thereof as
shall appear to be due 4* to the
claimant.
5***.
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1 Subs. by the A. O. 1937 for "paid to
the G. of I."
2 Certain words rep. by Act 16 of 1874.
3 Subs. by the A. O. 1937 for "the G. of
I. shall pay".
4 As to the costs of petition under this
section, see the Unclaimed
Deposits Act, 1870 (5 of 1870).
5 The second sentence rep. by Act 24 of 1867.
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