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Year : 1870

ACT NO. 5 OF 1870
[4th February, 1870.]

An Act to enable the High Courts at the Presidency-towns to deal with cost of petitions for certain moneys transferred to Government.


WHEREAS the High Courts of Judicature at Fort William, Madras and Bombay have no power to deal with the costs of petitions under section 4 of Act No. 25 of 1866 1*(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***) 3*** for payment of certain securities, moneys or proceeds transferred to Government;

AND WHEREAS it is expedient to confer such power upon the said High Courts;

It is hereby enacted as follows:-


1 Short title given by the Indian Short Titles Act, 1897(14 of 1897).

2 The words "and in the Supreme Court of the Straits Settlements and the proceeds of certain estates in the charge of the Administrator General of Bengal" rep. by Act 16 of 1874.

3 The words "or under s. 60 of the Administrator Generals Act,1867" are omitted as the Administrator Generals Act, 1867.(24 of 1867) and this Act so far as it relates to the Administrator General, were rep. by the Administrator Generals Act, 1874 (2 of 1874).


Section -1 Power to direct by whom costs are to be paid.

Whenever any of the said Courts shall make an order on any such petition, the Court may direct by whom the whole or any part of the costs of each party are to be paid.


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