Western Australian Consolidated Acts Western Australian Consolidated Acts Provided always, and
be it further enacted, that on any sale, mortgage, charge, incumbrance, or
other disposition which shall be made in pursuance of this Act, the person
whose estate shall be sold, mortgaged, charged, incumbered, or otherwise
disposed of, and his or her heirs, next of kin, devisees, legatees, executors,
administrators, and assigns, shall have such and the like interest in the
surplus which shall remain, after answering the purposes aforesaid, of the
money raised by such sale, mortgage, charge, incumbrance, or other
disposition, as he, she, or they would have had in the estate by the sale,
mortgage, charge, incumbrance, or other disposition of which such moneys shall
be raised, if no such sale, mortgage, charge, incumbrance, or other
disposition had been made; and such moneys shall be of the same nature and
character as the estate so sold, mortgaged, charged, incumbered, or disposed
of; and it shall be lawful for the said Lord Chancellor, intrusted as
aforesaid, to make such orders, and to direct such acts and deeds to be done
and executed, as shall be necessary for carrying the aforesaid objects into
effect, and for the due application of such surplus moneys.