(Miscellaneous Provisions).

A.D. 1928. nominee shall be the Treasury Solicitor, or if the warrant so provides, some person nominated in that behalf by the Treasury Solicitor, and the person so nominated by the Treasury Solicitor may be the Chief Crown Solicitor for Northern Ireland, and the Treasury Solicitor Act, 5 1876, shall apply accordingly and shall be deemed to extend to real as well as to personal estate :

Provided that this provision shall not prevent the grant of administration of such personal estate to any other person in any case where the Treasury Solicitor or 10 other nominee has not made and has signified his intention not to make such an application.

(2) In so far as the estate of the intestate to which His Majesty becomes, or has become, entitled as aforesaid consists of or comprises real estate to which the intestate 15 was entitled for an interest not ceasing on his death, it shall, upon the grant to such a nominee of such administration as aforesaid, devolve upon and vest in the administrator in like manner as if it were a chattel real, and all powers, duties, rights, equities, obligations 20 and liabilities of a personal representative with respect to chattels real shall attach to such administrator and shall have effect with respect to the real estate so vested in him:

Provided that nothing herein contained shall alter 25 or affect the order in which real and personal estates respectively are applicable in or towards the payment of funeral or testamentary expenses, debts or legacies.

(3) Neither the Treasury Solicitor nor the Chief Crown Solicitor for Northern Ireland acting on the 30 nomination of the Treasury Solicitor shall, when applying for or obtaining administration for the use or benefit of His Majesty under this section, be required to give an administration bond, nor shall he be required to deliver, nor shall the court or the Ministry of Finance for Northern 35 Ireland be entitled to receive, in connection with any such application or grant of administration, any affidavit, statutory declaration, account, certificate or other statement verified on oath; but he shall deliver, and the court and the said Ministry respectively shall accept, in lieu 40 thereof, an account or particulars of the estate of the intestate, signed by him or on his behalf.

(4) Any grant of administration of the personal estate of an intestate to the Chief Crown Solicitor for

(Miscellaneous Provisions).

Northern Ireland made before the passing of this Act A.D. 1928. is hereby confirmed, and where such a grant has been made and the estate of the intestate included real as well as personal estate to which His Majesty became entitled 5 in right of His Crown, the court shall on application being made for the purpose extend the grant so as to cover such real estate.

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15

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(5) In this section, unless the context otherwise requires

"Intestate" includes a person who leaves a will

but dies intestate as to some beneficial interest
in his real estate, or, if probate of the will is
not granted to an executor, in his personal
estate :

Administration means letters of administration
of a deceased person, whether general or limited :
"The court " means the High Court of Justice in
Northern Ireland:

The interest of a deceased person under a joint
tenancy shall be deemed an interest ceasing
on his death.

Acts.

4. (1) Notwithstanding anything in the Land Pur- Amendment chase Acts the Land Purchase Commission, Northern of Land Ireland, may for the purposes of the distribution of Purchase 25 purchase money direct payment of a claim if of opinion that the title thereto though imperfect is nevertheless such as would make it improbable that any claim adverse thereto could be sustained.

(2) The Commission shall be entitled to act on the 30 evidence of title submitted by a claimant without being required to enquire as to any estate, right, claim or interest undisclosed thereby which may at the time of the distribution of the purchase money be subsisting or capable of arising.

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(3) Where a person within the time allowed by this section proves to the satisfaction of the Commission that he or the person from whom he derives title was entitled to claim to participate in the distribution of purchase money, and that such claim was undisclosed at the time 40 of the distribution, he shall be entitled to be paid by the Commission a sum equal to the value of his claim ;

A.D. 1928.

Short title

and construction.

(Miscellaneous Provisions).

Provided that a person shall not be entitled to compensation under this section where he or the person from whom he derives title has caused or substantially contributed to the loss by any act, neglect or default of himself or his agent.

5

(4) The time allowed by this section shall be six years from the date of the distribution of the purchase money, or from the date after the distribution of the purchase money when the claimant or the person from whom he derives title first knew or might with reason- 10 able diligence have ascertained the existence of the claim :

Provided that

(a) where the claimant was on the date of the
distribution of the purchase money an infant 15
his claim may be made within six years from
the time when he attains full age; and
(b) where any person interested is entitled as a
proprietor of a charge or as a mortgagee the
claim by him may be made within six years
from the last payment in respect of principal
or interest; and

(c) where any person interested is the owner of a
superior interest his claim may be made

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within six years from the date of the last 25 payment in respect of such superior interest. (5) This section shall be construed as one with the Land Purchase Acts and may be cited with those Acts. 5. This Act may be cited as the Northern Ireland (Miscellaneous Provisions) Act, 1928, and, save as other- 30 wise expressly provided, shall be construed as one with the principal Act.