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Government Management of Private Estates Act, 1892

Act· 1892· 4 pages
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Summary

This short, very old Act (1892) lets provincial government charge a fee to private estates that are under government management, to cover the cost of supervising and managing them. Section 2 explains which estates this covers: property under the Court of Wards (a system historically used to manage estates of minors or persons deemed unable to manage their own affairs), "encumbered estates" under government management, estates attached because their owner defaulted on paying government revenue, minors' estates placed under a revenue-officer's guardianship by a Civil Court, and any other estate taken under government management by law or agreement.

Section 3 is the core provision: the Provincial Government can levy a rate of up to 5% on the gross income of these private estates, meant to cover the cost of the government staff and other expenses involved in supervising and managing them. The government can adjust this rate over time and can reduce or waive it in individual cases where fair. Section 4 additionally allows a special charge to be made against an estate if a government officer provides it with legal advice or audits its accounts, on top of the general management rate. Section 5 clarifies that this Act does not cover costs that were specially incurred for one particular estate rather than general supervision -- those are billed separately, outside this Act's rate mechanism.

Section 6 validates any similar rates that provincial governments had already been charging on such estates before this Act came into force, treating them as if they had always been levied under it. Section 7 gives the Provincial Government power to make rules to carry the Act into effect. Section 8 states that the government's decision on how much of its establishment cost is attributable to managing a given estate cannot be questioned in any court. Section 9, the original repeal provision, has itself since been repealed by a later 1914 Act. Given its age, this law's practical application today -- particularly around the Court of Wards system, which has largely fallen into disuse -- should be checked against current administrative practice.

Key topics

private estates under government managementCourt of Wards estatessupervision fee on estate incomeprovincial government rulemaking

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