Crown Private Estates Act, 1873

CROWN PRIVATE ESTATES ACT 1873

CHAPTER 61.

An Act to explain and amend the Crown Private Estates Act, 1862. [5th August 1873.]

25 & 26 Vict. c. 97.

WHEREAS by an Act passed in the session of the twenty-fifth and twenty-sixth years of Her present Majesty, intituled “An Act to remove doubts concerning, and to amend the law relating to, the private Estates of Her Majesty, her heirs and successors,” certain provisions are made concerning the private estates of Her Majesty, her heirs or successors, including under that description any manors, messuages, lands, tenements, leases, and hereditaments, and other real or heritable property and estate, of whatsoever tenure the same may be, whether situate or arising in England, Scotland, or Ireland, or in any other part of Her Majesty’s dominions, which had at any time theretofore been purchased or acquired by Her Majesty, or should at any time thereafter be purchased or acquired by Her Majesty, her heirs or successors, out of any moneys issued and applied for the use of her or their privy purse, or with any other moneys not appropriated to any public service, and any manors, messuages, lands, tenements, leases, and hereditaments, and other real or heritable property and estate, of whatsoever tenure the same may be, whether situate or arising in England, Scotland, or Ireland, or in any other part of Her Majesty’s dominions, which had come to Her Majesty, or should or might come to Her Majesty, or her heirs or successors, by the gift or devise or disposition of, or by descent, inheritance, or succession, or otherwise, from any of her or their ancestors, or any other person or persons not being kings or queens of this realm, and any manors, messuages, lands, tenements, leases, and hereditaments, and other real or heritable property and estate, of whatsoever tenure the same may be, and whether situate or arising in England, Scotland, or Ireland, or in any other part of Her Majesty’s dominions, which did or should belong to Her Majesty, or her heirs or successors, or to any person or persons in trust for her or them, at the time of her or their respective accessions to the Crown of this realm, and which before such accession she or they respectively might have legally granted, sold, given, devised, disponed, or conveyed:

And whereas it may be doubtful whether, under the terms of the said Act, any such private estates of Her Majesty, or of her heir’s or successors as therein mentioned, which under or by virtue of any gift, devise, or other disposition thereof made by Her Majesty, or by any of her heirs or successors, may become vested in any person who, at the time of such vesting or at any time afterwards, may be or become king or queen of this realm, will be, or, after the accession of such person to the Crown of this realm, continue to be held as his or her private estates; and it is expedient that such doubts should be removed:

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Recited Act extended to manors, &c. devised by Her Majesty, &c.

1. All the provisions of the said Act of the session of the twenty-fifth and twenty-sixth years of Her present Majesty, and of this Act, concerning the private estates of Her Majesty, her heirs or successors, shall extend and apply to all manors, messuages, lands, tenements, leases, and hereditaments, and other real or heritable property and estate, of whatsoever tenure the same may be, whether situate or arising in England, Scotland, or Ireland, or in any other part of Her Majesty’s dominions, which, under or by virtue of any gift, devise, or disposition made by Her Majesty, or by any of her heirs or successors, of any part, of her or his private estates, shall become vested in any person who may at the time of such vesting, or at any time afterwards, be or become King or Queen of this realm, unless in or by the instrument whereby such gift, devise, or disposition shall be made, an intention shall be expressed that such manors, messuages, lands, tenements, leases, hereditaments, or other property or estate shall not be, or after the accession of any person entitled thereto to the Crown of this realm, continue to be held as such private estates.

Sect. 3. of 3 & 4 W. 4. c. 106. extended to private estates of Her Majesty, &c.

2. Section three of the Act of the session of the third and fourth William the Fourth, chapter one hundred and six, for the amendment of the law of inheritance, shall extend and apply to the private estates of Her Majesty, her heirs or successors, and to any devise or assurance by Her Majesty, her heirs or successors, of such private estates.

Section 11 of 25 & 26 Vict. c. 37. extended to certain private estates of Her Majesty, &c.

3. The provisions contained in section eleven of “The Crown Private Estates Act, 1862,” relating to suits and actions, shall extend and apply to the private estates of Her Majesty, her heirs or successors, which may not be vested in a trustee or trustees, wheresoever the same be situate or arising; and any suit, action, or other proceeding in any part of Her Majesty’s dominions relating to any debt or liability to, or any claim or demand by Her Majesty, or any of her heirs or successors, in right or respect of her or his privy purse, or of any personal estate or effects, subject to disposition by her or his last will and testament, may be sued, brought, prosecuted, and taken on behalf of Her Majesty, her heirs or successors, by and in the name or names of any person or persons to be from time to time for that purpose appointed, in manner prescribed by the eleventh section of “The Crown Private Estates Act, 1862.”

Saving rights of Her Majesty.

4. Provided that nothing in this Act contained shall take away or interfere with any right or remedy by any law or statute competent to Her Majesty, her heirs or successors, in regard to the private estates of Her Majesty, her heirs or successors, or to her or his privy purse, or to any personal estate or effects subject to disposition by her or his last will and testament.

Short title.

5. This Act may be cited for all purposes as “The Crown Private Estates Act, 1873.”