Escheat (Procedure) Act 1887
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Long titleAn Act for repealing certain Enactments relating to Escheators and the Procedure in cases of Escheat; and for regulating the Procedure in such cases.
Citation50 & 51 Vict. c. 53
Territorial extentUnited Kingdom
Royal assent16 September 1887
| Act of Parliament | |
.svg) | |
| 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. |
|---|---|
| Citation | 50 & 51 Vict. c. 53 |
| Territorial extent | United Kingdom |
| Dates | |
| Royal assent | 16 September 1887 |
| Commencement | 16 September 1887[b] |
| Repealed | 16 November 1989 |
| Other legislation | |
| Amends | See § Repealed enactments |
| Repeals/revokes | See § Repealed enactments |
| Amended by | |
| Repealed by | Statute Law (Repeals) Act 1989 |
| Relates to | |
Status: Repealed | |
| Text of statute as originally enacted | |
The Escheat (Procedure) Act 1887 (50 & 51 Vict. c. 53) was an act of the Parliament of the United Kingdom that repealed enactments relating to escheators and the procedure in cases of escheat, and regulated the procedure in such cases.[1]
Repealed enactments
Section 3 of the act repealed 11 enactments, listed in the schedule to the act.[2]
| Citation | Short title | Description | Extent of repeal |
|---|---|---|---|
| 29 Edw. 1 | Statutum de Escaetoribus | A statute for escheators. | The whole act. |
| 14 Edw. 3. Stat. 1. c. 8 | Escheators and coroners | Escheators: their number; appointment; continuance in office; Coroners: their sufficiency. | In part: namely, except so far as relates to Coroners.[c] |
| 25 Edw. 3. Stat. 5. c. 2 | Treason Act 1351 | Declaration what offences shall be adjudged treason, &c. | In part, namely: from "and if in such case" to end of chapter. |
| 36 Edw. 3. c. 13 | Escheaters | Escheators shall have no fee of lands in wards, nor commit waste. Fine, and treble damages to the heir injured. Extended to lands seised by inquest of office. Such inquisitions may be traversed in Chancery. The land may be demised to the tenant until judgment. Escheators shall take inquests as directed by the statute 36 Edw. 3. c. 13 on penalty of fine and imprisonment. Escheators shall take no inquests but by persons returned by the sheriffs in their proper counties; on penalty of forty pounds. | The whole act. |
| 8 Hen. 6. c. 16 | Inquests by Escheators, etc. Act 1429 | No lands seised into the King's hands upon inquests shall be let to farm until after inquests returned; if the party aggrieved traverse the inquests, within a month, the lands shall be let to farm to him, as under 36 Ed. 3. c. 13. All letters patent to the contrary void. Escheators shall return offices found before them within a month. | The whole act. |
| 18 Hen. 6. c. 6 | Crown Grants Act 1439 | Recital of the statute 8 Hen. 6. c. 16 as to grant of lands by the King after office found. No grant of lands shall be made by the King, until office found and returned, if the King's title be not of record; nor within the month after such return, unless to the traverser. | The whole act. |
| 18 Hen. 6. c. 7 | Penalty on Escheators | Escheators not duly returning offices shall pay damages to the King, &c. above the penalty under Statute 8 Hen. 6. c. 16. Treasurer shall be associate with the Chancellor, &c. | The whole act. |
| 23 Hen. 6. c. 16 | Escheators | When and where escheators shall take inquests: Fees of escheators. Penalty. On traverse of inquest no protection in scire facias. Leases to traversers. | The whole act. |
| 1 Hen. 8. c. 8 | Escheators Act 1509 | An Act against Escheators and Commissioners for making false returns of Office and Commissions. | The whole act. |
| 1 Hen. 8. c. 10 | Letting of Seized Lands Act 1509 | An Act that no Lease shall be made of Land seized into the King's hands, but in certain cases. | The whole act. |
| 2 & 3 Edw. 6. c. 8 | Inquisitions of Escheator Act 1548 | An Act touching the finding of Offices before the Escheator. | The whole act. |
Subsequent developments
The whole act was repealed by section 1(1) of, and group 5 of part I of schedule 1 to, the Statute Law (Repeals) Act 1989 (c. 43), which came into force on 16 November 1989.[3]