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INFANTS' PROPERTY ACT 1830 - SECT 18

If persons bound to renew are out of the jurisdiction of the court, the renewals may be made by a person appointed by the Court of Chancery, in the name of the person who ought to have renewed.

18. Where any person who, in pursuance of any covenant or agreement in
writing, might, if within the jurisdiction and amenable to the process of the
Court of Chancery, be compelled to execute any lease by way of renewal, shall
not be within the jurisdiction or not amenable to the process of the said
court, it shall be lawful to and for the said Court of Chancery, by an order
to be made upon the petition of any person or any of the persons entitled to
such renewal, (whether such person be or be not under any disability,) to
direct such person as the said court shall think proper to appoint for that
purpose to accept a surrender of the subsisting lease, and make and execute a
new lease in the name of the person who ought to have renewed the same; and
such deed, executed by the person to be appointed as aforesaid, shall be as
valid as if the person in whose name the same shall be made had executed the
same, and had been alive and not under any disability; but in every such case
it shall be in the discretion of the said Court of Chancery, if under the
circumstances it shall seem requisite, to direct a bill to be filed to
establish the right of the party seeking the renewal, and not to make the
order for such new lease unless by the decree to be made in such cause, or
until after such decree shall have been made.

S.19 rep. by SLR 1873


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