Western Australian Consolidated Acts

ESCHEAT (PROCEDURE) ACT 1940 - SECT 9

9 .         Governor in Executive Council may make orders with respect to escheated property in favour of persons with moral claim

        (1)         In all cases where any property real or personal shall have escheated to the Crown under the provisions of this Act, and no claim having been made under the provisions of section 8 within 12 months of the date of the order of escheat, the Governor in Executive Council may order, on application in that behalf, that such property or (if sold) its proceeds, or any portion thereof respectively, shall be given, conveyed, transferred, granted or paid in such shares, proportions, and manners and upon such terms and conditions and for such estate or interests to such person or persons having a moral but no legal or equitable claim thereto, to be held by such person or persons (subject as hereinafter provided) for his or their own use and for such estate or interest as the Governor may in each case deem suitable or advisable.

        (2)         From and after the making of an order by the Governor under this section, no claim shall be brought or made against the Governor in Executive Council or the Minister for Justice or the Attorney General, as the case may be, the Treasurer, the sheriff, or any person or persons in whose favour an order is made under this section, by any person in respect of the property or the proceeds thereof which is or are the subject of the order and all such claims shall, as against all such persons as aforesaid, be deemed from the date of the order to be extinguished and forever determined.