34. Order to be conclusive evidence

    That whenever any order shall be made under this Ordinance by the said Civil Court for the purpose of conveying or assigning any lands or for the purpose of releasing or disposing of any contingent right, and such order shall be founded on an allegation of the personal incapacity of a trustee or mortgagee, or on an allegation that a trustee or the heir or devisee of a mortgagee is out of the jurisdiction of the said Court or cannot be found, or that it is uncertain which of several trustees, or which of several devisees of a mortgagee, was the survivor, or whether the last trustee, or the heir or last surviving devisee of a mortgagee be living or dead, or on an allegation that any trustee or mortgagee has died intestate without an heir, or has died and it is not known who is his heir or devisee, then in any of such cases the fact that the said Civil Court has made an order upon such an allegation shall be conclusive evidence of the matter so alleged in any Court of Law or Equity in the said Colony upon any question as to the legal validity of the order: Provided always that nothing herein contained shall prevent the said Civil Court directing a re-conveyance or re-assignment of any lands conveyed or assigned by any order under this Ordinance, or a re-disposition of any contingent right conveyed or disposed of by such order; and it shall be lawful for the said Court to direct any of the parties to any suit concerning such lands or contingent right to pay any costs occasioned by the order under this Ordinance, when the same shall appear to have been improperly obtained.



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.