South Australian Current Acts

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LAW OF PROPERTY ACT 1936 - SECT 114

114—Power of Court to sell interest of Crown in real estate

        (1)         Where in any proceeding it appears to the court that His Majesty is entitled to any hereditament, corporeal or incorporeal, or to any estate, legal or equitable, therein, the court may, on the application or with the consent of the Attorney-General, notwithstanding that no office has been found and no commission issued, order a sale of the hereditament, estate, or interest; and the net proceeds of such sale, or such portion thereof as represents the interest of His Majesty, shall be paid to the Treasurer for the purposes of the public revenue.

        (2)         The court on any such sale may make an order for the Public Trustee to convey the hereditament, estate, or interest to or vesting the same in the purchaser.

        (3)         Any money paid to the Treasurer under this section shall be subject to the provisions of section 117 of the Administration and Probate Act 1919 and for the purposes of such section shall be deemed to have been paid to the Treasurer under section 116 of the same Act.



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