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RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 24

Proceedings upon reference to master.

24. Where the matter of any such petition as aforesaid is referred to the
master either upon the hearing or ex parte, such master shall thereupon
proceed to inquire into the matter of such petition, and shall require notice,
in such form as he may think fit, of such petition and of the rule or order
thereon, and of a time and place for the parties to appear before him, to be
served upon the owner of the reversion, lease, under-lease, or estate, from
the owner whereof the grant under this Act was or might be required, or in
case such owner be under disability or out of the United Kingdom, and there be
no guardian, committee, ... or attorney competent to act for such owner under
the provision herein-before contained, then the master may require such
substituted service as he may think fit of such notice as aforesaid; and at
the time and place fixed by such notice the master shall proceed to inquire
and ascertain whether the petition is presented by a person entitled to
require a grant under the provisions of this Act of an estate of inheritance
in the lands comprised in the lease or under-lease in perpetuity in respect of
which such petition is presented, and in case he so find he shall proceed to
ascertain the amount of the fee-farm rent to be made payable by such grant,
and to settle the terms and conditions of such grant, in case the parties
differ about the same or the nature of the petition shall so require, and when
the owner from whom a grant might be required is under disability, and there
is no guardian, committee, ..., or attorney as aforesaid of such owner, or
where such owner is not known, shall nominate a person to be substituted for
the purposes of this Act in all proceedings under such petition as aforesaid
in the place of such owner; and where there is any arrear or sum of or in
respect of rent, or any 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, the master shall require the full amount of
such arrear or sum of or in respect of rent, and of such fine or fines, with
interest thereon, and of such fees, to be lodged, under a special direction of
the master, in the Bank of Ireland, in the matter of such petition, with the
privity of the accountant general of the court, for the use of the party
specified in such direction; and the fact of such payment, and the cause or
reason of the previous nonpayment of the amount so paid, and the facts
relating thereto, shall be stated by the master ... specially in his report.

© 1849 Crown Copyright

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