South Australian Current Acts South Australian Current Acts115—Power to waive right of Crown in certain cases
(1) Where a person
dies intestate in respect of land and without leaving anyone entitled to
succeed thereto, whether his estate or interest therein is legal or equitable,
and application is made to the Governor for the waiver of any right of His
Majesty in respect of such intestacy in favour of any person to whom, or to a
trustee for whom, His Majesty would, if His Majesty's title had been duly
proved by inquisition, have power to grant such land, the Governor may, by
warrant under his hand, authorise the waiver of such right on such terms,
whether for the payment of money or otherwise, as may be specified in the
warrant; and the Public Trustee may, in pursuance of such warrant, convey to
the person in whose favour the waiver is made the right of His Majesty so
waived.
(2) If at any time
within two years after such conveyance any person claiming an estate or
interest in or to the said land applies to the court for an annulment of the
said conveyance, and proves that His Majesty had not the right which the
Governor purported to waive, the court may annul the conveyance.
(3) If the conveyance
be not so annulled it shall, as from the date thereof, have the same effect as
a grant from His Majesty after office found, and every person bringing an
action to establish any claim to such real estate, or any part thereof or
interest therein, shall be in the same position and have the same rights as if
he were traversing such office found.
(4) If the conveyance
be not so annulled the court may as to land under the provisions of the
Real Property Act 1886 on the application of the person to whom the
conveyance shall have been made, or any person claiming through or under him,
make an order vesting any estate or interest in the land in any person who
shall appear to be entitled thereto.