29.
| (1) Where the court orders a commission to be issued, the court shall-
| | (a) determine the amount to be deposited as the costs of the commission, such costs in the case of a commission for partition being determined according to the rates set out in the Third Schedule to this Law; | | |
| | (b) fix a date on, or before which the costs so deter-mined shall be deposited in court; and | | |
| | (c) specify the party by whom the costs are to be deposited. | | |
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| (2) If the costs are not deposited in court by the party specified on or before the date fixed under sub section, (1) of this section or within such further time as may be allowed by the court on application made in that behalf, the court may order or permit any other party to deposit the costs, and fix a date for that purpose. |
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| (3) If the costs are not deposited by the party ordered or permitted so to do under subsection (2) of this section on or before the date fixed for the purpose or within such further time as may be allowed, the court may dismiss the action or make such other order as the circumstances may require. |
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| (4) The party depositing costs under this section shall be given credit therefor in such manner as the court may direct. |
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| (5) After the survey for the final partition of the land has been made, the court shall determine the actual costs of such survey in accordance with the rates set out in. the Third Schedule to this Law, and if there is any deficiency, the court shall make an order specifying the person by whom, and the date on or before which, the amount of such deficiency shall be deposited in court. |
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| (6) If the amount of such deficiency is not paid on the due date as ordered by court, it shall be lawful for the court to direct the recovery thereof in the same action as though the order for the payment of that amount were a decree in favour of that surveyor against the party ordered to pay that amount. |
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Sri Lanka Consolidated Acts