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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. ...

© 1862 Crown Copyright

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