[ACT NO.25 OF 1866] 1
[11th July, 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 arid 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 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. 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.
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.
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.
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 had 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 to the claimant 4
1. Subs. by the word “paid to the Government of India ” by A.O., 1937 (1-4- 1937)
2. Certain words were omitted by the repealing Act, 1874 (16 of 1874) s. 2 and Sch., part 1.
3. subs. For the Government of India shall pay by A.O. 1937 ( 1-4-1973 )
4. The Second sentence was omitted by the Administrator general Act 1867 (24 of 1867)