Court Deposits Act


Published: 1938-05-01

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Court Deposits Act
COURT DEPOSITS [CH.62 – 1


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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

COURT DEPOSITS

CHAPTER 62

COURT DEPOSITS
LIST OF AUTHORISED PAGES
1-5 LRO 1/2006


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.



COURT DEPOSITS [CH.62 – 3


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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

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.

CH.62 – 4] COURT DEPOSITS





STATUTE LAW OF THE BAHAMAS LRO 1/2006

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.

COURT DEPOSITS [CH.62 – 5


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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

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.

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