[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/tsa1876251.txt

[New search] [Help]

TREASURY SOLICITOR ACT 1876

TREASURY SOLICITOR ACT 1876 - LONG TITLE

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.{1}
[27th June 1876]
Treasury Solicitor constituted a corporation sole.

TREASURY SOLICITOR ACT 1876 - SECT 1

1. The person for the time being holding the office of Solicitor
for the affairs of Her Majesty's Treasury (in this Act referred to
as the Treasury Solicitor) shall be a corporation sole by 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.

TREASURY SOLICITOR ACT 1876 - SECT 2
Grant of administration to Solicitor of Treasury.

2. Where, by reason of Her Majesty having become entitled in right
of Her Crown to the personal estate of an intestate or otherwise,
any court has power to grant administration of the personal 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 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 futher 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.

...

Powers of Assistant Solicitor.

TREASURY SOLICITOR ACT 1876 - SECT 3

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.

TREASURY SOLICITOR ACT 1876 - SECT 4
Disposal of property received under administration, forfeiture, &c.

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
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:

(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 and property to be sold, and the
proceeds of such sale and the said money to be paid to the
Crown's Nominee Account: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.

TREASURY SOLICITOR ACT 1876 - SECT 5
Rules by Treasury.

5. The Treasury may from time to time make, and when made, revoke,
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.

TREASURY SOLICITOR ACT 1876 - SECT 6
Application of Act to previous administration, &c.

6. This Act shall, so far as circumstances admit, apply, in the
case of personal estate and property to which Her Majesty or any
of Her Majesty's predecessors has become entitled before the passing
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.

TREASURY SOLICITOR ACT 1876 - SECT 7
Definitions.

7. In this Act

Definition rep. by SLR 1894

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, ...

S.8 rep. by SLR 1883

TREASURY SOLICITOR ACT 1876 - SECT 10
Short title.

10. This Act may be cited as the Treasury Solicitor Act, 1876.