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COURT DEPOSITS

CHAPTER 62

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ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Registrar to keep account book for entry of court deposits. 4. All court deposits to be paid to Treasurer for Court Deposits Account. 5. Claims on court deposits statute barred after twenty years. 6. Claims on Court Deposit Account. 7. Moneys in hand of Provost Marshal. 8. Court deposits to be charged on Consolidated Fund. 9. List of deposits to be published. 10. Rules. 11. Power of Supreme Court in and over court deposits preserved.

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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.

[Assent 25th November, 1937] [Commencement 1st May, 1938]

1. This Act may be cited as the Court Deposits Act. 2. In this Act, unless the context otherwise requires — “court” means the Supreme Court, or the Court of

Appeal, 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 Deputy 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.

(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.

15 of 1937 43 of 1964 46 of 1964 21 of 2004

Short title.

Interpretation.

21 of 2004.

Ch. 135. Ch. 252. 21 of 2004.

Registrar to keep account book for entry of court deposits.

All court deposits to be paid to Treasurer for Court Deposits Account.

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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.

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.

(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.

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.

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.

10. The Rules Committee under section 75 of the Supreme Court Act may make 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.

Claims on court deposits statute barred after twenty years.

Claims on Court Deposit Account.

Moneys in hand of Provost Marshal. Ch. 53.

Court deposits to be charged on Consolidated Fund.

List of deposits to be published.

Rules. 46 of 1964, Sch. Ch. 53.

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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 Su- preme Court in and over court deposits pre- served.