Part III
- (b) proceedings by or against any Government department or any officer of the Crown as such or any person acting on behalf of the Crown; and
- (c) proceedings by or against the Duke of Cornwall.
(4) For the purpose of the provisions of this Act relating to actions for the recovery of land and advowsons, references to the Crown shall include references to Her Majesty in right of the Duchy of Lancaster; and those provisions shall apply to lands and advowsons forming part of the possessions of the Duchy of Cornwall as if for the references to the Crown there were substituted references to the Duke of Cornwall as defined in the 1863 c. 49.Duchy of Cornwall Management Act 1863.
(5) For the purposes of this Act a proceeding by petition of right (in any case where any such proceeding lies, by virtue of any saving in section 40 of the 1947 c. 44.Crown Proceedings Act 1947, notwithstanding the general abolition by that Act of proceedings by way of petition of right) shall be treated as being commenced on the date on which the petition is presented.
(6) Nothing in this Act shall affect the prerogative right of Her Majesty (whether in right of the Crown or of the Duchy of Lancaster) or of the Duke of Cornwall to any gold or silver mine.
Interpretation. 38.—(1) In this Act, unless the context otherwise requires—
- “action” includes any proceeding in a court of law, including an ecclesiastical court;
- “land” includes corporeal hereditaments, tithes and rentcharges and any legal or equitable estate or interest therein, including an interest in the proceeds of the sale of land held upon trust for sale, but except as provided above in this definition does not include any incorporeal hereditament;
- “personal estate” and “personal property” do not include chattels real;
- “personal injuries” includes any disease and any impairment of a person’s physical or mental condition, and “injury and cognate expressions shall be construed accordingly;
- “rent” includes a rentcharge and a rentservice;
- “rentcharge” means any annuity or periodical sum of money charged upon or payable out of land, except a rent service or interest on a mortgage on land;
- “settled land”, “statutory owner” and “tenant for life” have the same meanings respectively as in the 1925 c. 18.Settled Land Act 1925;
- “trust” and “trustee” have the same meanings respectively as in the 1925 c. 19.Trustee Act 1925; and
