Partition Act 1878 (WA)

& 3

c. 40,

and 39 St 40

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

c. 17

the Legislative Council thereof, as follows :—

Short title

1. This Act may be cited

The Partition Act, 1878.'

As to the term

2. In this Act the term the Court' means the Supreme Court of

Court'

Western Australia in its equitable jurisdiction.

Power to Court

3. In a suit for partition, where if this Act had not been passed, a

to order a sale

instead ofdecree for partition might have been made, then if it appears to the

divis:on Court that by reason of the nature of the property to which the suit relates, or of the number of the parties interested or presumptively interested therein, or of the absence or disability of some of those parties, or of any other circumstance, a sale of the property and a distribution of the proceeds would be more beneficial for the parties interested than a division of the property between or among them, the Court may, if it thinks fit, on the request of any of the parties interested, and notwithstanding the dissent or disability of any others of them, direct a sale of the property accordingly, and may give all necessary or proper consequential directions.

5. In a suit for partition, where if this Act had not been passed, a decree for partition might have been made, then if any party interested

As to purchase

of share of party

desiring sale

in the property to which the suit relates requests the Court to direct a sale of the property and a distribution of the proceeds instead of a division of the property between or amongst the parties interested, the Court may, if it thinks fit, unless the other parties interested in the property, or some of them ; undertake to purchase the share of the party requesting a sale, direct a sale of the property, and give all necessary or proper consequential directions ; and in case of such undertaking being given the…