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CROWN PRIVATE ESTATES ACT 1862

CROWN PRIVATE ESTATES ACT 1862 - LONG TITLE

An Act to remove Doubts concerning, and to amend the Law relating
to, the Private Estates of Her Majesty, Her Heirs and Successors.{1}
[17th July 1862]
Preamble, which recites 1702 c.7 ss.5, 7; 1760 c.1; 1794 c.75; 1800
c.88; 1823 c.18; 1838 c.95 s.4; and the existence of doubts whether
the provisions and restrictions of 1702 c.7 may not be held to
have been, by 1838 c.95, extended to the private estates of Her
Majesty, rep. by SLR 1893

CROWN PRIVATE ESTATES ACT 1862 - SECT 1
Interpretation of the expression ""private estates of Her Majesty,
&c.''

1. In the construction of this Act the expression "private estates
of Her Majesty, her heirs or successors", shall mean (unless
controlled or confined to a more limited sense by express words or
the context) 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 have at any time heretofore been purchased or
acquired by Her Majesty, or shall at any time hereafter be
purchased or acquired by Her Majesty, her heirs, or successors, out
of any monies issued and applied for the use of her or their
privy purse, or with any other monies 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 have come to Her Majesty, or shall or
may 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 shall 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.

CROWN PRIVATE ESTATES ACT 1862 - SECT 2
Restrictions in recited Acts, &c. not to extend to the private
estates of the Sovereign.

2. None of the provisions or restrictions contained in the said
Acts of the first year of Her Majesty Queen Anne and the first
and thirty-fourth years of His Majesty King George the Third, or in
any other Act or Acts of Parliament relating to any manors,
messuages, lands, tenements, leases, or hereditaments, or other real
or heritable property or estate vested in or belonging to Her
Majesty, her heirs or successors, in right of the Crown of this
Realm, do or shall extend to the private estates of Her Majesty,
her heirs or successors.

CROWN PRIVATE ESTATES ACT 1862 - SECT 3
Private leasehold estates (except in Scotland) to be vested in
trustees.

3. Such private estates of Her Majesty, her heirs or successors,
situate or arising in any part of Her Majesty's dominions, except
Scotland, as are or shall be of leasehold tenure, shall be vested
in some trustee or trustees for Her Majesty, her heirs and
successors respectively, from time to time to be respectively named
or appointed by instrument in writing under the Sign Manual of Her
Majesty, her heirs and successors respectively, in the same manner
as if the second section of the Crown Private Estate Act 1800, had
extended to all such estates.

CROWN PRIVATE ESTATES ACT 1862 - SECT 5
Power of testamentary disposition of the private estates of the
Sovereign other than in Scotland.

5. The private estates of Her Majesty, her heirs or successors,
situate or arising in any part of Her Majesty's dominions (except
Scotland), may be disposed of by Her Majesty, her heirs or
successors, in manner provided by the fourth section of the Crown
Private Estate Act 1800: Provided always, that a will or other
testamentary disposition by Her Majesty, her heirs or successors, of
or concerning any such private estates as aforesaid, shall not
require publication; and every such will or testamentary disposition
shall be valid and effectual, if signed by the testator or
testatrix, or by some other person in his or her presence, and by
his or her direction, in the presence of two witnesses: Provided
also, that every will or other testamentary disposition by Her
Majesty, her heirs or successors, of any such private estates as
aforesaid, made under the authority of this Act and of the Crown
Private Estate Act 1800, or either of them, and whether made before
or after the passing of this Act, shall be construed with reference
to the property comprised in such will or testamentary disposition,
to speak and take effect as if it had been executed immediately
before the death of the testator or testatrix, unless a contrary
intention shall appear by the will or other testamentary disposition.

CROWN PRIVATE ESTATES ACT 1862 - SECT 7
Descent of the private estates of the Sovereign.

7. On the demise of Her Majesty, her heirs or successors, the
private estates of Her Majesty, her heirs or successors, shall,
subject and without prejudice to any disposition which shall have
been made thereof under the authority of the Crown Private Estate
Act 1800, or of this Act, descend or go in manner prescribed by,
and (according to the nature thereof) be subject to, the provisions
and restrictions respectively referred to in the fifth section of
the Crown Private Estate Act 1800.

CROWN PRIVATE ESTATES ACT 1862 - SECT 8
Private estates of the Sovereign to be subject to taxes, &c.

8. The private estates of Her Majesty, her heirs or successors,
shall be subject to all such taxes, rates, duties, assessments, and
other impositions, parliamentary and parochial, as the same would
have been subject to if the same had been the property of any
subject of this realm; and all such rates, taxes, assessments, and
impositions shall, so long as such private estates shall be vested
in Her Majesty, her heirs or successors, or in any person or
persons, in trust for Her Majesty, her heirs or successors as
aforesaid, be ascertained, rated, assessed or imposed thereon in the
same manner and form in all respects as if the same estates were
the absolute and beneficial estate of any of Her Majesty's subjects;
but nevertheless such rates, taxes, assessments, and impositions shall
be paid and payable in manner herein-after directed, and not
otherwise.

CROWN PRIVATE ESTATES ACT 1862 - SECT 9
Taxes, &c. to be paid out of the privy purse.

9. So long as the private estates of Her Majesty, her heirs or
successors, shall remain vested in Her Majesty, her heirs or
successors, or in any trustee or trustees for Her Majesty, her
heirs or successors as aforesaid, freed and discharged from the
provisions and restrictions aforesaid, all taxes, rates, duties,
assessments, impositions, rents, and other annual payments, fines, and
other outgoings, which shall from time to time be charged and
chargeable upon or be or become due and payable in respect of all
or any of such private estates, shall be paid and discharged out
of the privy purse of Her Majesty, her heirs or successors; and
accounts thereof shall from time to time be returned to the person
or persons for the time being executing the office of privy purse
of Her Majesty, her heirs or successors, or to his or their
deputy, who shall by and out of any monies in his or their hands
applicable for the use of Her Majesty, her heirs or successors, pay
and discharge the same.

CROWN PRIVATE ESTATES ACT 1862 - SECT 10
Extension of 1850 c.60 to the private estates of the Sovereign
(except in Scotland), and to the personal estate of the Sovereign.

10. The Trustee Act, 1850 shall extend to a trustee or trustees of
the private estates of Her Majesty, her heirs or successors, situate
or arising in any part of Her Majesty's dominions, except Scotland,
and to any trustee or trustees of any personal estate of Her
Majesty, her heirs or successors; and any petition or other
proceeding for obtaining the benefit of that Act for or on behalf
of Her Majesty, her heirs or successors, ahall be by and in the
name or names of any person or persons authorized in that behalf
by Her Majesty, her heirs or successors, by any instrument in
writing under the Sign Manual.

CROWN PRIVATE ESTATES ACT 1862 - SECT 11
Legal proceedings, &c. respecting private estates in Scotland.

11. All suits and actions, either real or personal, respecting the
private estates of Her Majesty, her heirs and successors, in
Scotland, and which may not be vested in a trustee or trustees,
may be sued, in Scotland, on behalf of Her Majesty, her heirs and
successors, by and in the name or names of any person or persons
to be from time to time for that purpose appointed by Her Majesty,
her heirs or successors, by any writing under the Sign Manual;
every such appointment to continue only during the pleasure of Her
Majesty, her heirs and successors ; and all suits and actions in
Scotland respecting such private estates at the instance of other
parties may be sued and carried on by summons or process directed
against such person or persons; and Her Majesty, her heirs or
successors, shall at all times be entitled to require any trustee
or trustees who may be vested in or possessed of any of the
private estates of Her Majesty, her heirs and successors in
Scotland, to convey and dispone the same to Her Majesty, her heirs
or successors, or to any new trustee or trustees to be named or
appointed by Her Majesty, her heirs or successors, by writing under
the Sign Manual; and in the event of the failure, delay, or
inability of any such trustee or trustees so to convey or dispone
the same, or in the event of the said trusteee or trustees having
died, it shall be competent for any person or persons authorized in
that behalf by Her Majesty, her heirs or successors, by writing
under the Sign Manual, to apply by petition to the Court of
Session to declare that the trust conveyance subsists for the
benefit of Her Majesty, her heirs and successors, and that Her
Majesty, her heirs and successors, are entitled to have the same
transferred, and further to adjudge such private estates in Scotland
which shall be specified and described in the petition from such
trustee or trustees, or his or their heirs, or heir, and to decern
and declare the same to belong to Her Majesty, her heirs or
successors, or to such new trustee or trustees as may be so named
and appointed, as the case may be; and the Court of Session shall
pronounce decreet in terms of the prayer of such petition; and such
decreet shall be held to be and shall have the effect of a valid
conveyance and disposition in due and usual form of such private
estates as shall be specified and described in the decreet in
favour of Her Majesty, her heirs and successors, or of such trustee
or trustees, as the case may be. ...

CROWN PRIVATE ESTATES ACT 1862 - SECT 12
Saving of the rights and remedies of the Sovereign.

12. 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 in regard to
any trusts of such estates, or against any trustee or trustees, his
or their heirs, executors, administrators, and assigns.

CROWN PRIVATE ESTATES ACT 1862 - SECT 13
Short title.

13. This Act may be cited for all purposes as "The Crown Private
Estates Act, 1862."