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British India - Act

The Unclaimed Deposits Act, 1866

BRITISH INDIA
India

The Unclaimed Deposits Act, 1866

Act 25 of 1866

  • Published on 1 January 1866
  • Commenced on 1 January 1866
  • [This is the version of this document from 1 January 1866.]
  • [Note: The original publication document is not available and this content could not be verified.]

1. THE UNCLAIMED DEPOSITS ACT, 1866

ACT No. 25 OF 1866An 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.PREAMBLEWHEREAS it is expedient that certain securities and sums of money deposited in the High Courts of Judicature at Fort William, Madras and Bombay, 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;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

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.-

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 .

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.