Victorian Current Acts

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CRIMES ACT 1958 - SECT 563

Proceedings to recover property of convict from third person

The Attorney-General or any person who (if such convict were dead intestate) would be entitled to his real or personal estate or any share thereof or any person authorized by the Attorney-General in that behalf may apply in a summary way to any court which (if such convict were dead) would have jurisdiction to entertain a proceeding for the administration of his real or personal estate to issue a writ calling upon any person who without legal authority has possessed himself of any part of the property of such convict to account for his receipts and payments in respect of the property of such convict in such manner as such court directs, and such court thereupon may issue such writ rule or other process and may enforce obedience thereto and to all orders and proceedings of such court consequent thereon in the same manner as in any other case of process lawfully issuing out of such court, and such court shall thereupon have full power jurisdiction and authority to take all such accounts and to make and give all such orders and directions as to it seems proper or necessary for the purpose of securing the due and proper care administration and management of the property of such convict and the due and proper application of the same and of the income thereof and the accumulation and investment of such balances (if any) as may from time to time remain in the hands of any such other person as aforesaid in respect of such property.

No. 6103 s. 560.

S. 564 amended by No. 8410 s. 5(4)(a)(b).

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