CHAPTER
62
COURT DEPOSITS |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Registrar to keep account book for entry of court
deposits. |
All court deposits to be paid to Treasurer for
Court Deposits Account. |
Claims on court deposits statute barred after
twenty years. |
Claims on Court Deposit Account. |
Moneys in hand of Provost Marshal. |
Court deposits to be charged on consolidated
fund. |
List of deposits to be published. |
|
Power of Supreme Court in and over court
deposits preserved. |
CHAPTER 62 |
COURT DEPOSITS |
An Act to
provide for the payment of moneys paid into Court to the Treasurer, to regulate
repayment of such moneys and to provide for the reversion of certain moneys
entirely to the Consolidated Fund by the efflux of time. | 15 of 1937
43 of 1964
46 of 1964 |
[Assent 25th
November, 1937]
[Commencement 1st May, 1938] |
1. This Act may be cited as the Court Deposits Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"court"
means the Supreme Court, or a judge thereof; |
"court
deposits" means all moneys deposited in court to the credit of any cause
or matter whether before or after the coming into operation of this Act; but
does not include moneys deposited under the Infants Property Act or the
Acquisition of Land Act; |
"Registrar"
means the Registrar of the court and includes the Assistant Registrar; |
"Registry"
means the Registry of the court. |
3. (1) The Registrar shall cause an account book to be
kept in which shall be entered all court deposits received, under the number
and year of the particular cause or matter concerned. | Registrar to keep account book for entry of court
deposits. |
(2) Until and
unless otherwise provided by rules made under this Act the account book kept in
the Registry at the coming into operation of this Act shall be the book
required to be kept by this section. |
4. All court deposits shall be paid over to the
Treasurer who shall open and keep an account to be called the Court Deposits
Account which account shall be operated by the Registrar who shall cause entry
to be made in the account book specified in section 3 of this Act of all
details relating to any such operation. | All court deposits to be paid to Treasurer for Court
Deposits Account. |
5. Any court deposit received by the Registrar and paid
to the Treasurer after the coming into operation of this Act which remains
unclaimed for a period of twenty years from the date of the last transaction in
connection therewith shall revert to the Government and be transferred from the
Court Deposits Account to the Consolidated Fund, and all right, title and
interest of every person in or to any such court deposit shall be barred. | Claims on court deposits statute barred after twenty
years. |
6. (1) Any claim for the payment out of any court
deposit which is subject to further order of the court or for the payment out
of any court deposit which shall have been paid to the Treasurer more than six
years prior to such claim shall require to be acknowledged by a written order
of the court and a certified copy of such order shall be attached to the claim. | Claims on Court Deposit Account. |
(2) The Treasurer
shall pay all claims upon the Court Deposit Account which shall have been
certified in accordance with the provisions of this section. |
7. All unclaimed moneys which have or may come into the
hands of the Provost Marshal by reason of the exercise of his powers under the
Supreme Court Act, or by other process of law shall be paid into court and
dealt with as court deposits under the provisions of this Act. | Moneys in hand of Provost Marshal. |
8. Any court deposit paid to the Treasurer in pursuance
of this Act and credited to the Court Deposits Account shall not bear interest
and the Consolidated Fund shall be held as security for repayment. | Court deposits to be charged on Consolidated Fund. |
9. In the month of January in every year the Registrar
shall cause to be published in the Gazette a list of all court deposits
remaining unclaimed and in respect of which no transaction has taken place
within five years showing the files of the actions and the amounts standing to
the credit thereof. | List of deposits to be published. |
10. The Rules Committee under section 75 of the
Supreme Court Act may make rules- | Rules. |
(a) prescribing
the manner in which accounts are to be kept by the Registrar; |
(b) for any
other matter in relation to which rules are required to be made for the purpose
of carrying this Act into effect. |
11. Save as in this Act otherwise expressly provided
nothing contained in this Act shall be deemed to affect such powers as the Supreme
Court may now possess in respect to the making, regulating and payment out of
court deposits. | Power of Supreme Court in and over court deposits
preserved. |