Escheat (Procedure) Act 1940 (WA)

Western Australia Escheat (Procedure) Act 1940 Western Australia Escheat (Procedure) Act 1940 Contents 1. Short title 1 2. Definitions 1 4. Applications for order of escheat 1 5. Notice to be published 2 6. Person claiming title to property or premises may appear and support claim 2 7. Court may declare property has become property of Crown by way of escheat 2 8. Sale of escheated property and application of proceeds 2 9. Governor in Executive Council may make orders with respect to escheated property in favour of persons with moral claim 3 10. Sheriff to execute conveyance or transfer of escheated property 4 11. Rules of Court 4 12. Regulations 5 Notes Compilation table 6 Other notes 6 Defined terms Western Australia Escheat (Procedure) Act 1940 An Act to repeal certain Ordinances 1 relating to escheat and to declare the law and practice in cases of escheat.

1. Short title This Act may be cited as the Escheat (Procedure) Act 1940.

2. Definitions In this Act, subject to the context — Court means a Judge of the Supreme Court. Escheated property means real or personal property the subject of an order of escheat. Order of escheat means an order made under this Act declaring that property has become the property of the Crown by way of escheat. [3. Omitted under the Reprints Act 1984 s. 7(4)(f).]

4. Applications for order of escheat In all cases where it appears that any property has escheated to the Crown (whether before or after the passing of this Act) the State Solicitor may make application to a Judge of the Supreme Court for an order declaring that the property concerned has become the property of the Crown by way of escheat. [Section 4 amended: No. 65 of 2003 s. 91.]

5. Notice to be published Notice of the day and hour of any application under the last preceding section shall be published in the Government Gazette and in a newspaper circulating in the district in which the property is situated, and, in case of real estate, shall be affixed to or left with some person at the premises respecting which the application is to be made one month before the hearing of the application.