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CROWN SUITS ACT 1861
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CHAPTER LXII.
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An Act to amend the Act of the Ninth Year of King George the Third, Chapter Sixteen, for quieting Possessions and Titles against the Crown, and also certain Acts for the like Object relating to Suits by the Duke of Cornwall.[1]
[1st August 1861.]
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9 Geo. 3. c. 16.
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WHERES AS by an Act passed in the ninth year of King George the Third, chapter sixteen, provision is made for limiting the right of the King's Majesty to sue and implead any person for or concerning lands and hereditaments, or the rents, issues, or profits thereof, and for quieting possessions and titles against the Crown: And whereas the good purpose of that Act has not been fully obtained by reason of the provisions therein relating to lands and hereditaments which have been in charge to Her Majesty or have stood insuper of record, and also by reason of certain provisions therein relating to lands and hereditaments part or parcel of honours, manors, or other hereditaments:
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The Crown not to sue after sixty years by reason of lands having been in charge, &c.
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1. The Queen's Majesty, her heirs and successors, shall not at any time hereafter sue, impeach, question, or implead any person or persons for or in anywise concerning any manors, lands, tenements, rents, tithes, or hereditaments whatsoever (other than liberties or franchises) which such person or persons, or his or their or any of their ancestors or predecessors, or those from, by, or under whom they do or shall claim, have, or shall have held or enjoyed or taken the rents, revenues, issues, or profits thereof by the space of sixty years next before the filing, issuing, or commencing of every such action, bill, plaint, information, commission, or other suit or proceeding as shall at any time or times hereafter be filed, issued, or commenced for recovering the same or in respect thereof, by reason only that the same manors, lands, tenements, rents, tithes, or hereditaments, or the rents, revenues, issues, or profits thereof, have or shall have been in charge to Her Majesty or Her predecessors or successors, or stood insuper of record, within the said space of sixty years; but that such having been in charge and such standing insuper of record shall be as against such person and persons, and all claiming by, from, or under them or any of them, of no force and effect.
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7 & 8 Vict. c. 105.
23 & 24 Vict. c. 53.
Provisions of this Act to apply to actions by the Duke of Cornwall.
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2. And whereas an Act was passed in the session held in the seventh and eighth years of Her Majesty, chapter one hundred and five, “for quieting titles within the county of Cornwall as “against the Duchy of Cornwall, and other purposes”: And whereas another Act was passed in the session held in the twenty-third and twenty-fourth years of Her Majesty, chapter fifty-three, “for the limitation of actions and suits by the Duke “of Cornwall in relation to real property, and for other “purposes”: And whereas it is expedient that the limitation applicable to actions and suits by the Crown should be made applicable to actions and suits by the Duke of Cornwall: Be it enacted, that the provisions of this Act herein-before contained applicable to the Queen's Majesty shall extend and be applicable to the Duke of Cornwall, and to the said two last-recited Acts in the same manner as if the Duke of Cornwall were herein-before mentioned or referred to where the Queen's Majesty is mentioned or referred to; and this Act shall be construed together with and be deemed to form part of the said two last-recited Acts.
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Crown not to be deemed to have been answered the rents by reason of lands having been part of a manor, &c. where of the rents have been answered, &c.
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3. The Queen's Majesty, her predecessors and successors, shall not be held, deemed, or taken, for the purposes of the said Act of the ninth year of King George the Third, to have been answered the rents, revenues, issues, or profits of any lands, manors, tenements, rents, tithes, or hereditaments, which shall have been held or enjoyed, or of which the rents, revenues, issue, or profits shall have been taken, by any other persons or person, by the space of sixty years next before the filing, issuing, or commencing of any such action, suit, bill, plaint, information, commission, or other suit or proceeding for recovering of the same or in respect thereof, as in the said Act is mentioned, by reason only of the same lands, manors, tenements, rents, tithes, or hereditaments having been part or parcel of any honour or manor or other hereditaments of which the rents, revenues, issues, or profits shall have been answered to Her Majesty or her predecessors or successors, or some other person under whom Her Majesty hath or lawfully claimeth or shall hereafter have or lawfully claim as aforesaid, or of any honour, manor, or other hereditaments which shall have been duly in charge to Her Majesty, her predecessors or successors, or stood insuper of record as aforesaid.
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When right of Crown or of Duke of Cornwall shall be deemed to have accrued in case of demised lands, &c.
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4. In the construction of the said Act of the ninth year of King George the Third and of this Act the right or title of the Queen's Majesty, her heirs or successors, or of the Duke of Cornwall, to any manors, lands, tenements, rents, tithes, or hereditaments which are now or shall at any time hereafter be subject to or comprised in any demise or lease for any term or terms of years, or for any life or lives, granted by or on behalf of Her Majesty, or any of her royal predecessors or successors, or the Duke of Cornwall, shall not be deemed to have first accrued or grown until the expiration or determination of such demise or lease as against any person or persons whose possession, holding, or enjoyment of such manors, lands, tenements, rents, tithes, or hereditaments, or whose receipt of the rents, issues, or profits thereof, shall have commenced during the term of such demise or lease, or who shall claim from, by, or under any person or persons whose possession, holding, or enjoyment of such manors, lands, tenements, rents, tithes, or hereditaments, or whose receipt of the rents, issues, or profits thereof, shall have so commenced as aforesaid.
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[S. 5 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
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[1 Short title, “The Crown Suits Act, 1861” See 55 & Vict. c 10.] |
