Escheat (Procedure) Act 1887

JurisdictionUK Non-devolved
Citation1887 c. 53

Escheat (Procedure) Act, 1887

(50 & 51 Vict.) CHAPTER 53.

An Act for repealing certain Enactments relating to Escheators and the Procedure in cases of Escheat; and for regulating the Procedure in such cases.

[16th September 1887]

W HEREAS most of the enactments relating to escheators and the process of finding the title of the Crown in cases of escheat are now practically inoperative, and it is expedient to repeal them, and to authorise rules to be made for regulating the procedure in such cases:

Be it therefore 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:

S-1 Short title.

1 Short title.

1. This Act may be cited as theEscheat (Procedure) Act, 1887.

S-2 Power to regulate procedure with respect to escheats to Crown.

2 Power to regulate procedure with respect to escheats to Crown.

(1)2.—(1.) The Lord Chancellor may from time to time, with the assent of the Treasury, make rules for the procedure on and incidental to and consequential on the holding of inquiries into the title of Her Majesty in right of the Crown, or the title of the Duke of Cornwall, or of the personage for the time being entitled to the possessions of the Duchy of Cornwall, to any real estate or any interest therein in cases of escheat or alleged escheat, whether in relation to the Crown or otherwise, or the holding of any inquest of office not otherwise regulated by law.

(2) (2.) Such rules shall provide that an inquisition touching real estate shall find of whom the real estate was held, and that every inquisition shall be forthwith returned into the central office of the Supreme Court of Judicature, and that every person aggrieved by any such inquisition shall be entitled to traverse the same, or to object thereto, in such manner as may be from time to time directed by rules of court.

(3) (3.) Subject to the provisions of section six of the Intestates Estates Act, 1884 , no grant shall be made of any real estate alleged to be escheated until after the inquisition finding the title thereto has been returned to the central office of the Supreme Court of Judicature.

(4) (4.) An inquisition shall not prejudice any rights which, at the time of the death of the person that led to the inquisition, were vested in some other person.

(5) (5.) If the inquisition does not find of whom the real estate was held, any person aggrieved shall be entitled to obtain from the High Court an order for the taking of another inquisition.

(6) (6.) This Act shall apply to...

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