Escheat Ordinance 1867 (WA)

31 VICTORDE. No. 3

Escheated Estates and Practice in Escheat

WESTERN AUSTRALIA

ANNO PRIGESIMO PRIMO

VICTORIE REGINiE

No. 3

An Ordinance to declare the Law and Practice in cases of

Escheat. [Assented to 15th July, 1867.

HEREAS it is expedient to declare the law and mode of pro-

-Tv

cedure to be observed in cases of escheat : Be it therefore

enacted by His Excellency the Governor of Western Australia and its

Dependencies, by and with the advice and consent of the Legislative

Council thereof, as follows :-

1. In all cases of escheat to the Crown an inquisition shall be taken before the Sheriff, and for such purposes, on the application of the

Ten persons to

be summoned, of

whom six shah

Attorney-General, a writ tested in the name of the Chief Justice shall

be sufficient to

issue from the Supreme Court, directed to the Sheriff in the form set

constitute a jury

forth in Schedule A hereto annexed ; and the said Sheriff shall there- upon summon a jury of ten persons competent and qualified in like manner as jurors qualified to serve on a jury in the Supreme Court, any six of whom shall be sufficient, and shall constitute a jury to inquire of such escheat.

2. It shall be lawful for the Sheriff to summon all such witnesses witnesses to be as he may consider necessary to attend at any inquest of escheat, and to M',71:t?,',1,daa',11d„ enforce the attendance of such witnesses, if necessary, by warrant under enforced by

his hand directed to any police constable; and such summons and \llvecaral44.2f

warrant respectively may be in the form set forth in the said schedule ;

and it shall also be lawful for the said Sheriff to administer to the jury F orms of oaths

and witnesses the oaths severally in that behalf set forth in the said tourierttolT,1,14s- schedule, and to adjourn the inquiry from day to day, if necessary, and witness; until the conclusion thereof.

3. All inquests under this Ordinance shall be holden at the Court Inquests shah be

House in Perth, or such other place as the Sheriff shall appoint ; and ltrolidrTilo t itshee,

notice of the day and hour, and also of the place of holding such and notice inquests, shall be published in the Government Gazette,' and in the it,,711:;,2" case of real estate shall be affixed to or left with some person at the

premises respecting which inquiry is to be made seven days before the

holding of the inquest.

4. It shall be lawful for any person claiming title to the premises Persons claiming

respecting which inquiry is made, to appear and give evidence in 1,i,ti„ei,t,:j',7".,",r

support of such claim before the Sheriff at any inquest held under this support claim

Ordinance.

5. The form of inquisition and the finding of the jury on an inquest ki al,j, , sitorird

of escheat, shall be in the form set forth in the schedule, and shall be to be f oX.'myin

returned immediately thereafter, under the signatures of the Sheriff and the schedule,	and to be re-
of the jurors respectively, into the office of the Supreme Court.	turned into office
of Supreme
Court

31 VICTORIX. No. 3

Escheated Estates and Practice in Escheat

If tin finding be	6. If the finding on any inquest under this Ordinance shall be
against the

Crown another

against the Crown, it shall nevertheless be lawful for the Sheriff to

precept may

make special application to the Supreme Court for an order for the issue

issue at discre-

tion of the

of another writ of inquisition, which order the said Court may give or

Supreme Count

withhold at its discretion, and on such order being obtained, the like

proceeding shall be had as are hereinbefore mentioned.

If the finding be 7. If the finding on any inquest under this Ordinance shall be in

in favour of the favour of the Crown, it shall nevertheless be lawful for any person

claiming title to claiming title to the premises respecting which the finding shall haveCrown persons

traverse mollPremises may been made, to traverse such finding ; and the claimant shall in such finding and serve case file such traverse in the office of the Supreme Court, and shall

copy of traverse

on the Attorney-serve a copy thereof on Her Majesty's Attorney-General, within three

General within calendar months after such finding, whereupon such proceedings

three calendar

months where- shall be had for the trial of the said traverse before the Chief Justice,

upon trial will

be had in the	and any jury summoned for trial of causes in the said Court, and under
Supreme Court	such rules as shall be framed by the said Chief Justice in that behalf, and the said Chief Justice shall have power from time to time to rescind, add to, or alter such rules, and the finding of any such traverse by any jury of the said Supreme Court shall be deemed final and conclusive.

If after the find. 8. After the finding on any inquest in favour of the Crown, if no

lug for the

Crown, no tra- traverse shall be filed and copy thereof served within three calendar

verse be filed and months thereafter as aforesaid, or in case the finding on any traverse by	served, or if
there be a find-	the jury of the Supreme Court shall be in favour of the Crown, it shall

ing for the in either of such cases be thereupon lawful for the Sheriff to seize and

Crown on a tra-

verse, property to proceed to a sale of the property escheated, and the proceeds thereof,

to be sold and proceeds ap-after payment of all fees and lawful expenses thereout, shall be paid and

plied as Her applied as Her Majesty may direct.

Majesty may

direct 9. There shall be payable to the several persons named in

Fees to be taken Schedule B to this Ordinance annexed, the fees therein set forth.

Short title of 10. This Ordinance may be cited as ' The Escheat Ordinance,

Act 1867.'

J. S. HAMPTON,

GOVERNOR AND COMMANDER-IN-CHIEF.

SCHEDULE A

FORM or WRIT

Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the Sheriff of Western Australia Greeting : Whereas it is alleged that C.D. (set forth the allegation of the facts in support of the escheat). And whereas application has been made by the Attorney-General that inquiry be made in the premises, we therefore pursuant to the Ordinance in such case made and provided, command you that you do summon ten good and lawful men duly qualified according to law, six of whom shall be sworn truly to make inquiry in the premises, and that you proceed to make such inquiry ; and when the same shall have been made in manner aforesaid, we command you that you make known to us in the Supreme Court what shall have been done by virtue

31 VICTORLE. No. 3

Escheated Estates and Practice in Escheat

FORM OF SUMMONS

Western Australia.

To or any other Police Constable.

These are to authorise and require you to summon C.D. to be and appear as a

witness at at o'clock on

the (lay of 18 to testify to his knowledge on an inquiry touching a certain escheat to our Sovereign Lady the Queen, according to the Ordinance in such case provided, and hereof you are to make return on the day aforesaid.

Dated the day of 18

A .B.

Sheriff.

Norz.—Where a warrant is issued, instead of the word 'summon' insert the words apprehend the body of.'

FORM OF OATH TO JURORS

You C.D. do swear that you will truly inquire of the title to the Lands and tenements (or other property), of which inquiry shall be made in this , case, and a true verdict give according to the evidence. So help you God.

FORM OF OATH TO WITNESS

You C.D. do swear that you will true evidence give, and a true answer make to

the best of your knowledge, to all questions which shall be asked of you on this

inquiry. So help you God.

FORM OF INQUISITION

Western Australia }

to wit.

An inquisition indented taken for our Sovereign Lady the Queen, at

in the said Colony, on the day of 19 before A.B. Sheriff, touching certain property, to wit (here set forth the description of the property, if real estate, by name, boundaries or other description,) late the property of C.D., of who died without heirs or next of kin (if other alleged cause of escheat state same), as is alleged upon the oath of (here set forth the names of the sin Jurors empanelled) good and lawful men of the said Colony, who being duly sworn and charged to make inquiries in the premises, upon their oaths, say that the said C.D. did die without heirs (or next of kin or otherwise as the case may be) on or about (state time) at (state place) and that the said C.D. was (at his death) seized in fee simple (if the property is personal estate, say possessed in his own right) of the said (here set forth the particulars of the real estate if any) and that the same hath thereupon become the property of our Sovereign Lady the Queen, by way of escheat.

31 VICTORIIE. No. 3

Escheated Estates and Practice in Escheat

SCHEDULE B

TABLE OF FEES

SHERIFF

x. d.

For each Summons or Warrant	0 3 0
Summoning Jury and returning Precept	1 6 8
Jurors and Witnesses, usual allowance according to scale in Supreme

Court for the time being

For every Inquest when the Escheat does not amount in value to

over2100 . . . . . . . . . . 5 0 0

Over 2100 and under £500	7 10 0
Over £500 and under 21,000	10 0 0

ATTORNEY-GENERAL

Searching Title at Registrar's Office, each day	2 2 0
Every attendance on Sheriff	0 13 4
Attendance at Inquest, each day	2 2 0
Drawing or setting every paper, per folio	0 1 6