act 025 of 1866 : Unclaimed Deposits Act, 1866 [Repealed]

Unclaimed Deposits Act, 1866 [Repealed]

ACTNO. 25 OF 1866

07 November, 1866

[Repealed by Act 22 of 2001, Section 2 and Schedule.]

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[* * *]

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 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:

Section 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].

Section 2. Proceeds of estates administered under order of Supreme Court of Straits Settlements or in charge of Administrator General of Bengal

[Repealed by the Administrator General's Act, 1867 (24 of 1867), and the Repealing Act, 1874 (16 of 1874).]

Section 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 any suit already instituted or which shall hereafter be instituted in respect thereof.

Section 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 7[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 8[* * *] from which the transfer shall have been made, 9[* * *]10[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 due11 to the claimant. 12[* * *].

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 repealed by Act 24 of 1867, and the words and in the Supreme Court of the Straits Settlements repealed by Act 16 of 1874, Section 2 and Schedule, Part I.

3. The words and in the Supreme Court of the Straits Settlements repealed by Act 16 of 1874, Section 2 and Schedule, Part I.

4. The second clause of the preamble repealed by Act 12 of 1876, Section 1 and Schedule, Part I.

5. The words or Supreme Court of the Straits Settlements repealed by Act 16 of 1874.

6. Substituted by the A.O. 1937 for the G. of I. for the general purposes of Govt. .

7. Substituted by the A.O. 1937 for paid to the G. of I. .

8. Certain words repealed by Act 16 of 1874.

9. Certain words repealed by Act 16 of 1874.

10. Substituted by the A.O. 1937 for the G. of I. shall pay .

11. As to the costs of petition under this section, see the Unclaimed Deposits Act, 1870 (5 of 1870).

12. The second sentence repealed by Act 24 of 1867.