Casual Revenue Appropriation Ordinance 1867

Reprint 1: The Ordinance as at 12 December 2003


Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original Ordinance and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.Validation, transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the Ordinance being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a section that was inserted, or has been amended, since the Ordinance being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Ordinance is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

2.The other kind of editorial note shows something has been —

•removed (because it was repealed or deleted from the law); or

•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.

Reprint numbering and date

1.The reprint number (in the footer of each page of the document) shows how many times the Ordinance has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the ordinance was passed. Reprint numbering was implemented as from 1 January 2003.

2.The information in the reprint is current on the date shown as the date as at which the Ordinance is reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

 

 

 

 

Reprinted under the Reprints Act 1984 as

at 12 December 2003

Casual Revenue Appropriation Ordinance 1867

CONTENTS

1.Casual revenue to be disposed of by Legislature1

2.Proved claims to appropriated moneys may be repaid2

3.Claimants may petition Supreme Court for relief2

4.Short title2

Notes

Compilation table3

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 12 December 2003

Casual Revenue Appropriation Ordinance 1867

An Ordinance to provide for the appropriation of the casual revenue of the Crown arising from escheated estates.

Preamble

Whereas by a Statute passed by the Imperial Parliament in the session holden in the 15th and 16th years of Her Majesty’s reign 2, provision is made for the appropriation by or with the assent of the Crown of any casual revenue arising within the colonies or foreign possessions (other than droits of the Crown and droits of the Admiralty) for or towards any public purposes within the colonies or possessions in which the same respectively may have arisen, and it is expedient to provide for the appropriation of such casual revenue, including the revenue to arise from sale of the estates and effects of persons who have died intestate and without heirs or next of kin: 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.Casual revenue to be disposed of by Legislature

All casual revenue of the Crown (other than droits of the Crown and droits of the Admiralty) which shall hereafter be paid by order of the Crown into the Public Treasury of the said Colony, shall be disposed of from time to time in such manner and for such public purposes as the Legislature of the said Colony shall think proper and direct.

2.Proved claims to appropriated moneys may be repaid

The Governor shall from time to time as occasion shall require repay or make good to any person preferring and duly proving his claim to the same after such appropriation as is hereinbefore provided, all such sums of money so appropriated, and all moneys in the Treasury forming part of or arising from the general revenue of this Colony shall be applicable for so repaying or making good the same.

3.Claimants may petition Supreme Court for relief

If any person preferring a claim to any moneys to be hereafter appropriated pursuant to the provisions of this Ordinance shall fail to prove his claim to the same, it shall nevertheless be lawful for him to present his summary petition to the Supreme Court of the said Colony against the Attorney‑General of the said Colony as respondent thereto, and if he shall verify his said claim by evidence to the satisfaction of the said Court it shall be the duty of the said Court to make such order in the premises, including any award of costs, as justice shall require, and upon the application of such person or any other claimants or person, or of the said Attorney‑General, to vary such order from time to time as may be deemed expedient, and to certify the same to the Governor to the intent that the claimant may have relief in the premises according to such order.

4.Short title

This Ordinance may be cited as the Casual Revenue Appropriation Ordinance 1867 1, 3.

[Section 4 inserted by No. 81 of 1966 s. 2.]

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Notes

1This reprint is a compilation as at 12 December 2003 of the Casual Revenue Appropriation Ordinance 1867 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Short title

Number and year

Assent

Commencement

Untitled Ordinance 4

31 Vict. No. 2 (1867)

15 Jul 1867

15 Jul 1867

Statute Law Revision (Short Titles) Act 1966 s. 2

81 of 1966

12 Dec 1966

12 Dec 1966

Reprint 1: The Casual Revenue Appropriation Ordinance 1867 as at 12 Dec 2003 (includes amendments listed above)

2I.e. 15 & 16 Vict. c. 39 (1852).

3So much of this Ordinance as relates to the revenue from escheated property and the rights of persons against the Crown with respect thereto has been repealed by the Escheat (Procedure) Act 1940 s. 3.

4Now known as the Casual Revenue Appropriation Ordinance 1867; short title inserted (see note under s. 4).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer