Unclaimed Suitors' Fund Appropriation Act of 1870 No 17a (NSW)

No. III .

An Act for the custody of Money unclaimed

by Suitors in the Courts of Requests and

Distr ict Courts. [17th October, 1870.]

WHEREAS cer ta in sums of money belonging to cer tain suitors in

Courts of Reques t s created by the Acts of Council s ixth

Victoria n u m b e r fifteen and eleventh Victoria n u m b e r thirty-five now

remain uncla imed in t h e hands of t h e Regis t ra r of t he Metropol i tan

Dis t r ic t Cour t A n d whereas cer ta in o ther sums of money belonging to suitors in cer tain Dis t r ic t Cour ts now remain uncla imed in t h e hands of t he Regis t ra rs of such Dis t r ic t Courts And whereas other sums of money hereafter paid in to Dis t r ic t Courts to the use of suitors there in are l ikely to remain unc la imed in t he hands of t h e Regis t rars of such Dis t r ic t Courts and i t is expedient to provide for t he due applicat ion of such sums of money Be i t therefore enacted by t h e Queen ' s Mos t Excel len t Majesty by and wi th t h e advice and consent of the Legislat ive Council and Legislat ive Assembly of N e w South Wales in Pa r l i amen t assembled and by the au thor i ty of t h e same as follows :—

1. Al l sums of money belonging to suitors in t h e Cour ts of Reques t s created by t h e s ix th Victoria n u m b e r fifteen and the eleventh Victoria number thirty-five and now in t he hands of t he Reg is t ra r of t h e Metropol i tan or any other Dis t r ic t Court shall be for thwith paid to t h e Colonial Treasurer and be by h i m carried to t he account of t h e Consolidated R e v e n u e F u n d and upon such paymen t t h e said Regis t ra r shall be discharged from all further l iabil i ty in respect of t h e said sums of money Provided however t h a t if any person shall w i th in six years from t h e pass ing of th i s Act prove to t h e satisfaction of such Reg i s t r a r t h a t h e is ent i t led to any port ion of t he said moneys t he Colonial Treasurer shall pay h i m such port ion upon receiving from t h e Regis t ra r his certificate t h a t such person is so ent i t led.

2. The Reg i s t r a r of every Distr ic t Court shall i n t h e m o n t h of

March in each year m a k e out a correct list of all sums of money belong­ ing to suitors in t he Court which shall have been paid into Court and which shall have remained unc la imed for five years before t he first day of t h e m o n t h of J a n u a r y then last past specifying t h e names of t he par t ies for whom or on whose account t he same were so paid into Court and a copy of such list shall be p u t u p a n d remain dur ing Cour t hours in some conspicuous par t of t he Cour t H o u s e and a t all t imes in t he Reg is t ra r ' s office A n d all sums of money wh ich shall have been paid in to any such Court to t h e use of any sui tor or suitors thereof and which shall have remained or shall r emain unc la imed for t he period of six years and which are now in t he hands of any Dis t r ic t Cour t J u d g e or Reg is t ra r of such Cour t or otherwise held in t rus t for such suitors and all further sums of money which shall hereafter be paid in to any such Cour t to the use of any sui tor or suitors thereof shall if unc la imed for t h e period of six years after t h e same shall have been so paid in to Cour t be paid to t he Colonial Treasurer and shall be by h i m carried to t h e account of t he Consolidated Revenue Fund and no person shall be ent i t led to c la im any sum which shall have remained unc la imed for six years b u t no t ime dur ing which the person enti t led to claim such s u m shall have been a n infant or feme covert or of unsound mind or beyond t h e seas shall be t aken into account in es t imat ing t h e said period of six years.

3 . This A c t m a y be cited as t h e " Uncla imed Sui tors ' F u n d

Appropr ia t ion A c t of 1870 ."

No . I V .