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Estates of Deceased Persons
ANNO QUADRAGESIMO SEPTIMO
An Act for the protection and better Administration of
THEREAS by The Supreme Court Ordinance, 1861,' and 'The Supreme Court Act, 1880,' the Supreme Court has power to grant Probates of Wills and Letters of Administration of the Estates of Persons who shall die and leave effects in Western Australia; And whereas it is expedient that provision shall be made for the further care and management of such estates in certain cases as herein provided: 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 addition to the Officers of the Supreme Court mentioned in The Curator of the 15th Section of 'The Supreme Court Ordinance, 1861,' there shall be an Officer styled 'The Curator of Intestates' Estates,' hereinafter called 'The Curator.'
2. On the decease of any person who shall die or who shall have died leaving real or personal estate in Western Australia, which shall appear to the Supreme Court to be unprotected or exposed and liable to waste, it shall be lawful for the said Court to order that such estate shall vest and be deemed to have vested in 'The Curator until probate of the will or letters of administration of the estate of such person shall be granted by the Supreme Court, or in the case of real estate until entry thereon by the heir or devisee or other person lawfully claiming under, through, or in trust for him.
Unprotected estate of deceased Curator till pro
person to vest in
bate of will or
letters of admini
stration or entry
tor till of
3. Until such grant or entry shall be made, The Curator' shall have all the rights and privileges, powers and authorities of a duly constituted personal representative, or of a devisee or trustee of the estate of such deceased person, for the purpose only of collection and of preventing waste, spoil, detriment, or injury to his or her real or personal estate; subject always to such further or other order as the said Court may think fit to make with reference to such estate or to estate any part thereof.
Powers of Ouraprobate or letters of administration or entry
For preventing injury to the
waste, spoil, or
4. The absence of probate of the will of a deceased person for Proof of intes six years, or the absence of any person from Western Australia for tacy six years, there being no person in Western Australia cla
estate, right, title, or interest through, under, or in trust for, or as the duly constituted agent of such person during that time, shall be deemed to constitute an intestacy for all the purposes of this Act.
Remuneration of the Curator
Cesser of Curator's estate
Curator to pass his accounts
Effect of such order
Notwithstanding such period shall not ve elapsed, persons interested in the estate, or the
7. At the expiration of six calendar months from the death of such order to admini- deceased person, the Curator may, from time to time, and until probate
ster the estate
of the will or letters of administration of such estate shall be granted by the Supreme Court, apply to the Court for an order authorising him to administer the estate of such deceased person. And such order when made shall give to the Curator all the rights, privileges, powers and authorities, and shall place him under all the duties and liabilities, of a personal representative or devisee in trust of such deceased person, and of a trustee in bankruptcy.
AttorneyGeneral on the part of the Crown, may apply or cause
Curator to apply
for such order Forfeiture to the Crown
Curator to sue and be sued
Estates of Deceased Persons
5. In every case the Court may direct that the Curator shall receive out of the estate of a deceased person such reasonable remuneration for what he shall do or cause to be done under this Act as the Court shall think fit, not exceeding Five pounds per centum on the full estimated or ascertained value of the personal estate and One pound per centum on the value of the real estate.
Office of Curator to have sucoession
6. The estate and interest of the Curator in the estate of a deceased person shall, subject to any order of the Supreme Court as aforesaid, cease and be deemed to have ceased on probate of the will or letters of administration of the estate of such person being or having been granted by the Supreme Court, or on such lawful entry as aforesaid; and in all future cases on such probate or letters being granted or such entry made as aforesaid the Curator shall pass his accounts in such manner as the Court shall direct, and shall hand over to the executor or administrator or to such other person as the Court may by order direct, or retain under such order, so much of the real and personal estate as shall then be in his possession or power.
8. Notwithstanding such period may not have elapsed, any person interested in an estate of such deceased person, or the Attorney General on the part of the Crown, may apply or cause the Curator to apply to the Court for such order as last aforesaid; and it shall be in the discretion of the Court to make such order. And in case such order shall be made on the application of a creditor of such deceased person such creditor shall have no preference or right of retainer over other creditors of such deceased person.
9. If twelve years shall elapse from the time when any real or personal estate of a deceased person shall have vested in the Curator under this Act, and no probate of the will or letters of administration of the estate of such person shall have been granted, and no entry shall have been made as aforesaid, and such estate or part thereof shall still remain vested in the Curator, and there shall be no suit or action then pending in any Court of the Colony by or on behalf of any person claiming such estate, the said estate shall thenceforth vest absolutely in and become the property of the Crown.
10. In all proceedings under this Act the Curator shall sue and be sued by his name with the addition of the words 'Curator of Intestates' Estates'; and it shall not be necessary for him or for any person suing him to prove his authority or appointment under this Act.
11. If the office of Curator of Intestates' Estates shall become vacant during the pendency of any action, such action shall not abate or become defective, but shall continue by or against the officer who shall be appointed to the office, and his name shall be used in all future
Estates of Deceased Persons
proceedings in lieu of the name of the officer whose office shall so become vacant.
12. The Curator shall not by reason of the exercise of the duties of Limitation of his office incur any personal liability to the payment of any sum of Curator's respon money for costs or otherwise in any action or matter except such as shall arise or be incurred by his own neglect or default.
13. In all cases in which the Curator shall meddle or interfere with Curator to make the estate of a deceased person, he shall cause to be made an inventory list of estate and and list and appraisement of such estate, and keep one copy thereof in his office, and return one other to the Supreme Court; and he shall also permit all persons to inspect and take copies thereof, and of all documents relating to such estate in his custody, at all reasonable times.
14. All costs, charges, and expenses properly incurred by or payable to the Curator with reference to the estate of a deceased person in exercise of the powers and authorities given to him by this Act, shall be deemed to be a first charge on such estate.
15. The Short Title of this Act shall be 'The Deceased Persons' Short title Estate Act, 1888,' and this Act shall be incorporated with The Incorporation with Supreme Supreme Court Ordinance, 1861,' and The Supreme Court Act, 1880.' Court Acts F. NAPIER BROOME, GOVERNOR.
ANNO QUADRAGESIMO SEPTIMO
An Act further to amend The Wild Cattle Nuisance
Nuisance Act, 1871': Be it 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. The second Section of the said Act is amended by striking out the words annual licensing meeting' in the third line, and inserting the words 'quarterly licensing meetings' in lieu thereof; and the twelfth Section of the said Act is hereby repealed.
2. That in each district the Licensing Bench of Magistrates shall meet on the first Monday in the months of December, March, June, and September, for the purpose of granting licenses under this Act.
3. This Act may be cited as The Wild Cattle Nuisance Act, 1871, Amendment Act, 1888.'
F. NAPIER BROOME,
Curator to be a
The Totalisator Act, 1888
ANNO QUADRAGESIMO SEPTIMO
An Act to legalise the use of the Totalisator under certain circumstances. [Assented to 3rd November, 1883.
HEREAS it is expedient, under certain circumstances, to legalise the use of the Totalisator: Be it 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. That from and after the passing of this Act it shall be lawful for any bond fide Club established for the purpose of promoting horseracing, and for any person or persons duly authorised by any such Club, to have, use, and play with, on the race-course of such Club, during the days of any race-meeting, the instrument known as the Totalisator.
2. This Act may be cited as The Totalisator Act, 1883.' F. NAPIER BROOME, GOVERNOR.
ANNO QUADRAGESIMO OCTAVO
An Act to amend The Land Quarantine Act, 1878.' [Assented to 22nd August, 1884.
THEREAS it is expedient to define more clearly the powers which may be exercised by the Governor in Council to prevent the spreading of Infectious or Contagious Diseases within the Colony Be it 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. This Act may be cited as The Land Quarantine Act, 1884.' 2. It shall be lawful for the Governor in Council, from time to time, and also in any case which may appear to constitute a case of
The Land Quarantine Act, 1884
special emergency, at a distance from Perth, for any person or persons authorised by the Governor in Council to make regulations and orders, and to give directions respecting the following matters:
(1.) The giving of notices to the proper authorities of the presence of any infectious or contagious disease in any house, premises, place, town, or district.
(2.) The entry at all times of houses, buildings, and premises by medical or other officers or persons for the purpose of carrying out any of the said regulations or of inquiring into or ascertaining the presence of such disease.
(3.) The destruction or disinfection of infected bedding, clothing, and other infected things.
(4.) The cleansing and disinfecting of houses, buildings, and other premises by the owners or occupiers thereof, or by medical or other officers or persons at the expense of the owners or occupiers, or, where necessary, at the public expense.
(5.) The removal of persons suffering from infectious or contagious diseases to hospitals or other suitable or convenient places, and the keeping of them in such places until they are free from infection or contagion.
(6.) The forbidding and preventing of persons from quitting or entering any house, premises, place, town, or district which may be declared to be infected by the Governor, or other person or persons as aforesaid, by notice published in any manner which may seem fit to the Governor or other person as aforesaid.
(7.) The declaring of any house, premises, place, town, or district to be infected as aforesaid.
(8.) The times, methods, and conditions of the burial of the dead.
(9.) Any matter whether of the like or other kind which the Governor, or other person or persons as aforesaid, may deem to be necessary as a precaution against the breaking out or spreading of such disease as aforesaid.
3. This Act shall be incorporated and read together with 'The Land Quarantine Act, 1878.'
4. Sections A, D, F, G, H, and I of The Shortening Ordinance, 1858,' shall be incorporated with and taken to form part of this Act to all intents and purposes, and in as full and ample a manner as if the said Sections had been introduced and fully set forth in this Act.
F. NAPIER BROOME,