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ESCHEAT (PROCEDURE) ACT 1887

ESCHEAT (PROCEDURE) ACT 1887 - LONG TITLE

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]
Preamble rep. by SLR 1908

ESCHEAT (PROCEDURE) ACT 1887 - SECT 1
Short title.

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

ESCHEAT (PROCEDURE) ACT 1887 - SECT 2
Power to regulate procedure with respect to inquests of office.

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...any inquests of office not
otherwise regulated by law.

(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, 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.

Subs.(3) rep. by 1961 c.55 s.9(4) sch.3 Pt.II

(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) 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)...

(7) All rules made under this section shall be laid before
Parliament within three weeks after they are made, if Parliament is
then sitting, and if Parliament is not then sitting, within three
weeks after the beginning of the then next session of Parliament,
and shall be judicially noticed, and shall have effect as if
enacted by this Act.

ESCHEAT (PROCEDURE) ACT 1887 - SECT 3
Repeal.

3. ...

(3)Except so far as may be otherwise directed by rules under this
Act, any procedure or practice heretofore in use under the
provisions of any Act hereby repealed or otherwise may be used as
if this Act had not been passed.

Schedule rep. by SLR 1908