Sri Lanka Consolidated Acts

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Ceylon (Parliamentary Elections) (Amendment) Act (No. 9 of 1970) - Sect 31

Insertion of Dew section 82aa in the principal enactment

31. The following new section is hereby inserted immediately after section 82A, and shall have effect as section 82AA, of the principal enactment:
82AA.
(1) At the time of the filing of a petition of appeal, or within three days afterwards, security for the payment of all costs, charges and expenses that may become payable by the appellant shall be given on behalf of the appellant.
(2) The security shall be an amount of not less than five thousand rupees. The security required by this section shall be given by a deposit of money.
(3) If the security as in this section provided is not given by the appellant, no further proceedings shall be had on the appeal, and the respondent may apply to the Supreme Court for an order directing the dismissal of the appeal and for the payment of the respondent's costs. The costs of hearing and deciding such application shall be paid as ordered by the Supreme Court, and in default of such order shall form part of the general costs of the appeal.
(4) The deposit of money by way of security for the payment of the costs, charges and expenses payable by the appellant shall be made by payment to the Commissioner which shall be vested in and drawn upon from time to time by the Chief Justice for the purposes for which security is required by this section. A receipt shall be given by the Commissioner for the same, which shall forthwith be left at the office of the Registrar of the Supreme Court by the appellant.
(5) The Registrar of the Supreme Court shall file such receipt and keep a book open to the inspection of all parties concerned in which shall be entered from time to time the amount and the appeal to which it is applicable.
(6) Money so deposited shall, if and when the same is no longer needed for securing the payment of the costs, charges and expenses payable by the appellant, be returned or otherwise disposed of as justice may require by order of the Chief Justice.
(7) Such order may be made after such notice of intention to apply and proof that all just claims have been satisfied or otherwise sufficiently provided for as the Chief Justice may require.
(8) Such order may direct payment to the party in whose name the same is deposited or to any person entitled to receive the same. " .

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