THE UNCLAIMED DEPOSITS ACT, 1866

Year : 1866

[Act, No. 25 of 1866]
[11th July, 1866]


PREAMBLE

An Act to transfer to the Government of India certain securities and moneys deposited in the High Courts of Judicature at Fort William, Madras arid Bombay. {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, section 2 and Schedule., Pt. I.}

WHEREAS it is expedient that certain securities and sums of money deposited in the High Courts of Judicature at Fort William, Madras and Bombay, {The words " and in the Supreme Court of the Straits Settlements " rep. by Act 16 of 1874, section 2 and Schedule., Pt.I} 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; {The second cl. of the preamble rep. by Act 12 of 1876, section. 1 and Schedule., Pt.}

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 {The words " or Supreme Court of the Straits Settlements " rep. by Act 16 of 1874.} 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 volts thereto having been made and allowed during that period, shall be transferred and paid to {Substituted by the A.O.1937 for " the G. of I. for the general purposes of Govt."} [the Government of the State in which the Court has its principal seat].

Section -2 Repealed

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 Repealed by the Administrator General's Act, 1867 (24 of 1867), and the Repealing, Act, 1874 (16 of 1874).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

Nothing in this Act shall authorize any transfer or payment of any such securities, sums of money or proceeds as aforesaid, pending.

Pending suits.- 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 {Substituted by the A.O.1937 for "paid to the G. of I.".} [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 {Certain words rep. by Act 16 of 1874.} from which the transfer shall had been made. {Certain words rep. by Act 16 of 1874.} {Subs. by the A.O.1937 for "the G. of I. shall pay".} [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.{ As to the costs of petition under this section. see the Unclaimed Deposits Act, 1870 (5 of 1870).} to the claimant. {The second sentence repealed by Act 24 of 1867.}