Crown Private Estates Act 1862
CROWN PRIVATE ESTATES ACT 1862 | ||
CAP. XXXVII. | ||
An Act to remove Doubts concerning, and to amend the Law relating to, the private Estates of Her Majesty, Her Heirs and Successors. [17th July 1862.] | ||
1 Anne, c. 7. s. 5. | ||
1 Anne, c. 7. s.7. | ||
1 G. 3. c. 1. | ||
34 G. 3. c. 75. | ||
39 & 40 G. 3. c. 88. | ||
4 G. 4. c. 18. | ||
1 & 2 Vict. c. 95. s. 4. | ||
‘WHEREAS by the Fifth Section of the Act passed in the First Year of the Reign of Her Majesty Queen Anne, Chapter Seven, and intituled An Act for the better Support of Her Majesty’s Household, and of the Honour and Dignity of the Crown, it was enacted, that every Grant Lease, or other Assurance which from and after the Twenty fifth Day of March One thousand seven hundred and two should be made or granted by Her said Majesty, Her Heirs or Successors, Kings or Queens of this Realm, under the Great Seal of England, Exchequer Seal, Seals of the Duchy and County Palatine of Lancaster or any of them, or by Copy of Court Roll, or otherwise howsoever, of any Manors Messuages, Lands, Tenements, Rents, Tithes, Woods, or other Hereditaments, (Advowsons of Churches and Vicarages only excepted,) within the Kingdom of England, Dominion of Wales, or Town of Berwick-upon-Tweed, or any of them, or any Part thereof, then belonging or thereafter to belong to Her Majesty, Her Heirs or Successors, or to any other Person or Persons in trust for Her Majesty, Her Heirs or Successors, in possession, reversion, remainder, use, or expectancy, whether the same were or should be in right of the Crown of England or as Part of the Principality of Wales or of the Duchy or County Palatine of Lancaster, or otherwise howsoever, to any Person or Persons, Body Politic of Corporate whatsoever, whereby any Estate or Interest whatsoever in Law or in Equity should or might pass from Her Majesty, Her Heirs or Successors, should be utterly void and of none Effect, unless such Grant, Lease, or Assurance should be made for some Term or Estate not exceeding Thirty-one Years or Three Lives, or for some Term of Years determinable on One, Two, or Three Lives, and unless such Grant, Lease, or Assurance respectively should be made to commence from the Date of making thereof, and if such Grant, Lease, or Assurance should be made to take effect in reversion or expectancy, that then the same, together with the Estate or Estates in possession of and in the Premises therein contained, should not exceed Three Lives or the of Term of Thirty-one Years in the whole; and it was by Section Seven of the same Act enacted, that all Gift, Grants, Alienations, Leases, and Assurances whatsoever to be had or made of any the said Manors, Messuages, Lands, Tenements, Rents, Tithes, or other Hereditaments, or of any of the Revenues therein mentioned, or Branches, or any Part thereof, contrary to the Provisions of the now reciting Act, or any of them, should be null and void without any Inquisition, Scire facias, or other Proceeding to determine or make void the same: And whereas by the Act passed in the First Year of the Reign of His Majesty King George the Third, Chapter One, and intituled An Act for the Support of His Majesty’s Household, and the Honour and Dignity of the Crown of Great Britain, it was enacted, that the Revenue arising to His Majesty by Rents of Lands or for Fines of Leases of the same, or any of them, (except the Revenue of the Duchy of Cornwall,) should, from and immediately after the Demise of His then late Majesty King George the Second, be during His Majesty’s Life carried to and made Part of the General Aggregate Fund established by the Act of the First Year of the Reign of His late Majesty King George the First, and be during the said Term issued and applied, in the Manner therein-after mentioned, to the Uses to which the said Fund was or should be made applicable: And whereas by the Act passed in the Thirty-fourth Year of the Reign of His Majesty King George the Third, Chapter Seventy-five, and intituled An Act for the better Management of the Land Revenue of the Crown, and for the Sale of Fee-farm and other unimproveable Rents, further Provisions were made touching Grants, Leases, and other Assurances which should be made or granted by His Majesty, His Heirs or Successors, under the Great Seal, or Seal of the Exchequer, or either of them, of any Manors, Messuages, Lands, Tenements, or Hereditaments, within the Kingdom of England and Dominion of Wales, or any of them, or any Part thereof then belonging or thereafter to belong to His Majesty, His Heirs or Successors, and being within the ordering and Survey of the Exchequer in England: And whereas by the Act passed in the Session of Parliament held in the Thirty-ninth and Fortieth Years of the Reign of His Majesty King George the Third, Chapter Eighty-eight, intituled An Act concerning the Disposition of certain Real and Personal Property of His Majesty, His Heirs and Successors, and also of the Real and Personal Property of Her Majesty and of the Queen Consort for the Time being, it was enacted, that none of the Provisions or Restrictions contained in the said Acts of the First Year of Her said Majesty Queen Anne and the First and Thirty-fourth Years of the Reign of His then Majesty, should extend to any Manors, Messuages, Lands, Tenements, or Hereditaments, of whatsoever Tenure the same might be, which had at any Time theretofore been purchased by His Majesty, or should at any Time thereafter be purchased by His Majesty, His Heirs or Successors, out of any Monies issued and applied for the Use of His or Their Privy Purse, or with any other Monies not appropriated to any Public Service, or to any Manors, Messuages, Lands, Tenements, or other Hereditaments, of whatsoever Tenure the same might be, which had come to His Majesty, or should or might come to Him or His Heirs or Successors, by the Gift or Devise of, or by Descent or otherwise from any of His, Her, or Their Ancestors, or any other Person or Persons not being Kings or Queens of this Realm; and it was thereby declared, that the Intent of that Enactment was that the same should operate to all Intents and Purposes as from the Birth of His then Majesty; and by the same Act certain Powers of Disposition were given to His Majesty, His Heirs or Successors, over such Manors, Messuages, Lands, Tenements, and Hereditaments as are therein mentioned as aforesaid, and other Provisions were thereby enacted concerning the same: And whereas by the Act passed in the Fourth Year of the Reign of His Majesty King George the Fourth, Chapter Eighteen, intituled An Act concerning the Disposition of certain Property of His Majesty, His Heirs and Successors, it was enacted that, all the Powers given to and vested in His Majesty, His Heirs and Successors, by the said Act of the Thirty-ninth and Fortieth George the Third, Chapter Eighty-eight, over the Manors, Messuages, Lands, Tenements, and Hereditaments purchased or to be purchased by Him or Them, or coming to Him or Them in manner in the same Act mentioned, and all other the Provisions of the same Act touching and concerning the same, should be and the same Powers and Provisions were by the now reciting Act expended to, and should be deemed, construed, and taken to extend and apply to all Manors, Messuages, Lands, Tenements, and Hereditaments, whether of Freehold or Copyhold or Customary or Leasehold Tenure, whereof His Majesty, or any Person or Persons in trust for Him, at the Time of His Accession to the Crown of this Realm, or whereof His Heirs or Successors, or any Person or Persons in trust for Them, at the Time of Their respective Accessions to the Crown of this Realm, was, were, or should be seised and possessed, and which before such Accession He or They respectively might have legally granted, sold, given, or delivered: And whereas by the Fourth Section of the Act passed in the Session of Parliament held in the First and Second Years of the Reign of Her present Majesty Queen Victoria, Chapter Ninety-five, intituled An Act to provide for the Payment of certain Pensions, after reciting, the Seventh Section of the said Act of the First Year of Her Majesty Queen Anne, Chapter Seven, and that it was expedient to extend the said Provision to Ireland and Scotland, it was enacted, that the said Provision should be deemed and taken to extend to all Parts of the United Kingdom: And whereas it is doubtful whether the Provisions and Restrictions contained in the said Act of the First Year of Her Majesty Queen Anne may not be held to have been by the said Act of the First and Second Years of Her present Majesty Queen Victoria, Chapter Ninety-five, extended to the private Estates of Her Majesty, Her Heirs or Successors: And whereas it is expedient that such Doubts should be removed, and that such Provisions should be made concerning the private Estates of Her Majesty, Her Heirs or Successors, as are herein-after contained: ‘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: |