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It has been in effect since July 27, 1993.
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|C.C.S.M. c. E140||The Escheats Act|
|Enacted by||Proclamation status (for any provisions coming into force by proclamation)|
|RSM 1987, c. E140|| |
• whole Act
– in force: 1 Feb 1988 (Man. Gaz.: 6 Feb 1988)
|SM 1993, c. 48, s. 62|
C.C.S.M. c. E140
THE ESCHEATS ACT
|Table of Contents||Bilingual (PDF)|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 Where any lands, tenements, or hereditaments, have escheated to the Crown by reason of the person last seized thereof, or entitled thereto, having died intestate and without lawful heirs, or by reason of the failure of heirs, or a failure in the devises or bequests in any will, or when property of any kind has become forfeited for any cause to the Crown, the Minister of Justice may cause possession thereof to be taken in the name of the Crown; and, if possession is withheld, he may cause an action to be brought for the recovery thereof without an inquisition being first made.
2 The proceedings in the action may be in all respects similar to those in other actions for the recovery of land.
3 The government, if authorized by an order of the Lieutenant Governor in Council, may make any grant of lands, tenements, or hereditaments, that have so escheated or become forfeited, or at any time so escheat or become forfeited, for any cause except crime, or of any portion thereof, or of any interest therein, to any person, for the purpose of transferring or restoring them to any person having a legal or moral claim upon the person to whom they had belonged, or of carrying into effect any disposition thereof that that person may have contemplated, or of rewarding any person making discovery of the escheat or forfeiture, as to the Lieutenant Governor in Council may seem meet.
4 Any such grant may be made without actual entry or inquisition being first necessary, and although the lands, tenements, or hereditaments, are not in the actual possession of the Crown, and notwithstanding that some person claims title thereto adversely to the person whose estate they had been; and if possession of the lands, tenements, or hereditaments, is withheld, the person to whom the grant is made is thereupon entitled to institute in any court of competent jurisdiction proceedings for the recovery of the lands, tenements, or hereditaments.
5 Where a forfeiture takes place of any lands, tenements, or hereditaments, or any interest therein, as aforesaid, the Lieutenant Governor in Council may waive or release any right to which the Crown may thereby have become entitled, so as, by the waiver or release, to vest the property, either absolutely or otherwise, in the persons who would have been entitled thereto but for the forfeiture; and the waiver or release may be either for valuable consideration or otherwise, and may be upon such terms and conditions as to the Lieutenant Governor in Council may seem fit.
6 The government, if authorized by an order of the Lieutenant Governor in Council, may make an assignment of personal property to which the Crown is entitled by reason of the person last entitled thereto having died intestate and without leaving any kin or other persons entitled to succeed thereto, or by reason of it having become forfeited to the Crown for any cause except crime; or, if so authorized, the government may make an assignment of any portion of such personal property, for the purpose of transferring or restoring it to any person having a legal or moral claim upon the person to whom it had belonged, or for carrying into effect any disposition thereof that that person may have contemplated, or of rewarding the person making the discovery of the right of the Crown to the property, as to the Lieutenant Governor in Council may seem meet.
7 The Minister of Finance may administer the estate of any deceased person whose property has escheated or been forfeited to the Crown.