served with notice of the judgment, service whereof is dispensed with; and thereupon the powers of the court under the Trustee Act, 1850, shall extend to their interests in the property to which the action relates as if they had been parties to the action; and the court may thereupon, if it shall think fit, direct a sale of the property and give all necessary or proper consequential directions. 4. Where an order is made under this Act dispensing with service of notice on any person or class of persons, and property is sold by order of the court, the following provisions shall have effect: (1.) The proceeds of sale shall be paid into court to abide the (2.) The court shall, by order, fix a time, at the expiration of (4.) If at the expiration of the time so fixed or extended the (5.) If at the expiration of the time so fixed or extended the interests of all the persons interested have not been ascertained, and it appears to the court that they cannot be ascertained, or cannot be ascertained without expense disproportionate to the value of the property or of the unascertained interests, the court shall distribute the proceeds in such manner as appears to the court to be most in accordance with the rights of the persons whose claims to participate in the proceeds have been established, whether all those persons are or are not before the court, and with such reservations (if any) as to the court may seem fit in favour of any other persons (whether ascertained or not) who may appear from the evidence before the court to have any primâ facie rights which ought to be so provided for, although such rights may not have been fully established, but to the exclusion of all other persons, and thereupon all such other persons shall by virtue of this Act be excluded from participation in those proceeds on the distribution thereof, but notwithstanding the distribution any excluded person may recover from any participating person any portion received by him of the share of the excluded person. 5. Where in an action for partition two or more sales are made, if any person who has by virtue of this Act been excluded from participation in the proceeds of any of those sales establishes his claim to participate in the proceeds of a subsequent sale, the shares of the other persons interested in the proceeds of the subsequent sale shall abate to the extent (if any) to which they were increased by the non-participation of the excluded person in the proceeds of the previous sale, and shall to that extent be applied in or towards payment to that person of the share to which he would have been entitled in the proceeds of the previous sale if his claim thereto had been established in due time. or person under 6. In an action for partition a request for sale may be made Request by or an undertaking to purchase given on the part of a married married woman, infant, person of unsound mind, or person under any other woman, infant, disability, by the next friend, guardian, committee in lunacy (if disability. so authorised by order in lunacy), or other person authorised to act on behalf of the person under such disability, but the court shall not be bound to comply with any such request or undertaking on the part of an infant unless it appear that the sale or purchase will be for his benefit. include action 7. For the purposes of the Partition Act, 1868, and of this Act, Action for an action for partition shall include an action for sale and distri- partition to bution of the proceeds, and in an action for partition it shall be for sale and sufficient to claim a sale and distribution of the proceeds, and it distribution of the proceeds. shall not be necessary to claim a partition. CHAPTER 18. An Act to incorporate the Solicitor for the affairs of Her Majesty's Treasury, and make further provision respecting the grant of the administration of the Estates of deceased persons for the use of Her Majesty. ВЕ [27th June 1876.] E it 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: Solicitor constituted a cor poration sole. 1. The person for the time being holding the office of Solicitor Treasury for the affairs of Her Majesty's Treasury (in this Act referred to as the Treasury Solicitor) shall be a corporation sole by the name of the Solicitor for the affairs of Her Majesty's Treasury, and by that name shall have perpetual succession, with a capacity to acquire and hold in that name lands, Government securities, shares in any public company, securities for money, and real and personal property of every description, to sue and be sued, to execute deeds, using an official seal, to make leases, to enter into engagements binding on himself and his successors in office, and to do all other acts necessary or expedient to be done in the execution of the duties of his office. Any document purporting to be sealed with the said official seal shall be receivable in evidence of the particulars stated in such document. Solicitor of 2. Where, by reason of Her Majesty having become entitled in Grant of admiright of Her Crown to the personal estate of an intestate or other- nistration to wise, any court has power to grant administration of the personal Treasury. estate of any deceased person to a nominee of Her Majesty, and Her Majesty, by warrant under Her Royal Sign Manual, is pleased to nominate for that purpose the Treasury Solicitor for the time Power for Assistant Solicitor to act on behalf of Treasury Solicitor. Disposal of money and property received under being, the court may grant such administration for the use of Her Majesty to the Treasury Solicitor (by his official name) and his successors, or, if the warrant so provide, to some person nominated in that behalf by the Treasury Solicitor. A royal warrant may nominate the Treasury Solicitor for the purposes of this section, either in any particular case or class of cases, or in all cases, and may limit such nomination to be during Her Majesty's pleasure, or during any limited period or otherwise, as to Her Majesty may seem fit; and may, if to Her Majesty seem fit, authorise the Treasury Solicitor to nominate some other person to take out the administration in any particular case or class of cases. The administration so granted to the Treasury Solicitor, and the office of administrator under such grant, and all the estate, rights, duties, and liabilities of such administrator, shall, notwithstanding any change in the person who is Treasury Solicitor, be vested in and imposed on the Treasury Solicitor for the time being without any further grant of administration. Provided that nothing in this section shall affect any limitation, in duration or otherwise, contained in the grant, or any right of any court to revoke such grant. Where administration is granted to the Treasury Solicitor he shall, notwithstanding that he does not give the bond which, if such administration had been granted to him as a private individual, he would be required by law to give, be subject, as regards the administration, to the liabilities and duties imposed by such bond. 3. An Assistant Solicitor for the affairs of Her Majesty's Treasury may, on behalf of the Treasury Solicitor, take any oath, make any declaration, verify any account, execute any deed, or do any act or thing whatsoever which the Treasury Solicitor is required or authorised under Act of Parliament or otherwise to take, make, verify, execute, or do for the purpose of an administration granted to him or for the purpose of any Act of Parliament, or otherwise in the execution of his duties as the Treasury Solicitor. 4. All moneys, securities, and property, real or personal, received by or vested in the Treasury Solicitor under any administration, or in consequence of the same having accrued to Her Majesty as part administration of the personal estate of any deceased person, or under any forfeiture, or otherwise by virtue of Her royal prerogative, shall be paid, invested, transferred, sold, and disposed of in such manner as may be directed by rules under this Act, and, so far as such rules do not apply, as the Treasury direct, subject as follows: or forfeiture and of un claimed grants. (1.) All such money and all money arising from such securities and property, whether as income or as the proceeds of the sale or disposal thereof, or otherwise, shall be carried to the account directed by the rules (in this Act referred to as the Crown's Nominee Account); and (2.) All money standing to the said account and not required for the purposes thereof shall be paid into the account of Her Majesty's Exchequer; and (3.) Where any money, securities, or property to which this section applies has been granted by Her Majesty to any person, and has not been claimed within the period fixed by the rules, the Treasury may direct such unclaimed securities Provided, that if any person satisfies the Treasury of his right under the said grant to the whole or any part of such unclaimed money, securities, or property, the Treasury may direct the sum paid to the Crown's Nominee Account in respect of the same or of the part to which such person shows himself to be entitled, to be paid to such person out of the Consolidated Fund, or the growing produce thereof. The accounts of the receipts and expenditure on the Crown's Nominee Account shall be deemed to be public accounts; and such abstract thereof as may be directed by rules under this Act shall be annually laid before the House of Commons. 5. The Treasury may from time to time make, and when made Rules by Trearevoke, alter, and add to, rules for carrying this Act into effect. Every such rule shall be laid before Parliament within one month after it is made if Parliament be then sitting, or if not, within one month after the then next meeting of Parliament. sury. 6. This Act shall, so far as circumstances admit, apply, in the Application of case of personal estate and property to which Her Majesty or any Act to previous administraof Her Majesty's predecessors has become entitled before the passing tions, &c. of this Act, and of warrants given, and grants made, and acts done before the passing of this Act, and the satisfaction of claims under such grants, in like manner as it applies respectively in the case of property to which Her Majesty may become entitled after the passing of this Act, or of grants made or acts done after the passing of this Act, or the satisfaction of claims under such grants. 7. In this Act The expression "the Treasury" means the Commissioners of Her Majesty's Treasury: The expression" administration" means letters of administration of the personal estate and effects of a deceased person, whether general or limited, or with the will annexed or otherwise, and includes confirmation in Scotland. Definitions. 8. Nothing in this Act shall affect the rights, powers, autho- Saving for exrities, and duties of the Queen's Proctor holding office at the time isting Queen's of the passing of this Act. Proctor. 9. The Act mentioned in the First Schedule to this Act is hereby Repeal of Act. repealed: Provided that (1.) So much of the said Act as is set forth in the Second Schedule to this Act shall be re-enacted in manner therein appearing, (2.) Any administration by or in pursuance of that Act vested Short title. said accounts shall be dealt with accordingly, and any general account opened in pursuance of the said Act shall be deemed, whilst continued, to be the Crown's Nominee Account under this Act; and (4.) This repeal shall not affect (a.) anything duly done or suffered under the said Act hereby repealed; or (b.) any right, privilege, or liability acquired, accrued, or incurred under the said Act; or (c.) any legal proceeding or remedy in respect of any such right, privilege, or liability. 10. This Act may be cited as the "Treasury Solicitor Act, 1876." FIRST SCHEDULE. ACT REPEALED. Duties of Soli of Lancaster under administration. Title and Chapter. 15 & 16 Vict. c. 3. Title. An Act to provide for the Administration of Personal Estates of Intestates, and others, to which Her Majesty may be entitled in right of Her Prerogative, or in right of Her Duchy of Lancaster. SECOND SCHEDULE. PART OF 15 & 16 VICT. c. 3. s. 2. RE-ENACTED. Where the administration of the personal estate of any deceased person citor of Duchy has been granted to the Solicitor for the affairs of Her Majesty's Duchy of Lancaster, for the use of Her Majesty, that solicitor shall, notwithstanding that he does not give the bond which, if such administration had been granted to him as a private individual, he would be required by law to give, be subject, as regards the administration, to the liabilities and duties imposed by such bond. Short title. Construction of Act. Commence ment of Act. CHAPTER 19. An Act to amend the Law relating to Salmon Fisheries in salmon fisheries in England and Wales: 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: 1. This Act may be cited for all purposes as "The Salmon Fisheries Act, 1876," and this Act and the Salmon Fishery Acts, 1861, 1865, and 1873, may be cited together as "The Salmon Fishery Acts, 1861 to 1876." 2. This Act, so far as is consistent with the tenor thereof, shall be read as one with the Salmon Fishery Acts, 1861, 1865, and 1873. 3. This Act shall not come into operation until the first day of September one thousand eight hundred and seventy-six, which date is herein-after referred to as the commencment of this Act. |