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RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 22

Application to High Court of Justice in case of disputed right to grant, and in other cases.

22. Where the owner of any lease or under-lease in perpetuity, of any degree
of tenure, of lands in Ireland, has required a grant under this Act, and the
owner of the reversion, lease, or superior under-lease, or estate from whom
such grant has been required disputes the right to such grant, or in case such
owners shall differ as to what covenants, conditions, exceptions, or
reservations shall be contained in such grant, or what exceptions,
reservations, or rights should be commuted, or otherwise as to the terms or
conditions of such grant or the amount of fee-farm rent to be made payable
thereunder, or in case the owner of the reversion, superior lease,
under-lease, or estate who might be required to execute a grant under this Act
be a minor, idiot, lunatic, ..., or not within the United Kingdom, and there
be no guardian, committee of the estate, ..., or attorney respectively of such
owner competent to act under the provision herein-before contained, or where
the owner who might be required to execute a grant under this Act is not
known, or there is or are any arrear of rent, fine or fines, or fees, which
under this Act might be required to be paid before the execution of a grant
under this Act, and the owner required to execute such grant has refused to
accept payment thereof, or there is no person to whom the same can properly be
paid, or it is not known to whom the same ought to be paid, it shall be lawful
for the owner of the lease or under-lease in perpetuity who has required such
grant or would be entitled to require the same, as the case may be, to apply
to the [High Court of Justice in Northern Ireland] in a summary way, by
petition, praying that a grant may be executed to him under this Act, or that
it may be declared what covenants, conditions, exceptions, and reservations
should be contained in such grant, or that any such exceptions, reservations,
or rights as aforesaid may be commuted, or that the terms or conditions of
such grant may be settled, or that the amount of the fee-farm rent may be
determined, or such other relief as shall be applicable to the case; and every
such petition shall be intituled "In the Matter of the Renewable Leasehold
Conversion Act," ex parte the person who presents such petition, and shall
state the date and names of the parties to whom and the short contents of the
lease or under-lease in respect of which the same is presented, and of the
last renewal thereof, with the name of the lands, and the parish, barony, and
county in which the same are situate, and the nature and extent of the estate
or interest of the petitioner in such lease or under-lease, and shall, where
the right of the petitioner to a renewal of such lease or under-lease is
disputed, state that such right is disputed, and shall state such other
matters as the circumstances of the case may require; and every such petition
shall be verified by the affidavit of the person by whom the same is
presented, or of his solicitor, attorney, or agent, or otherwise as the court
shall consider sufficient, and in all cases under this Act the reversion,
lease, and under-lease respectively shall be sufficiently represented by the
respective owners thereof, and it shall not be necessary to bring before
the court any other parties interested in such reversion, lease, and
under-lease respectively, unless in special cases the court shall otherwise
direct.

© 1849 Crown Copyright

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