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RENEWAL OF LEASES (IRELAND) ACT 1838 - SECT 1

Masters of the Court of Chancery in Ireland may grant renewals of leases for lives or years, where the persons to do so are out of the jurisdiction of the court.

1.] 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 in Ireland, be compelled to execute a renewal of any lease made or to
be made, for the life or lives of one or more person or persons, or for any
term or number of years absolutely or determinable on the death of one or more
person or persons, shall not be within the jurisdiction of 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), upon payment of the fine, and such other sum or sums of money as
ought to be paid upon such renewal, for the use of the person or persons
entitled to the same, and upon the lessee or lessees doing and performing all
and every such matters and things as by the said covenants or agreements in
the said lease or leases ought to be done or performed by him or them previous
to such renewal, to order or appoint such renewal or renewals to be made by
one of the masters of the said Court of Chancery, to be nominated by the said
court for such purpose; and such master so nominated shall make and execute
such deed of renewal in the name of the person or persons who ought to have
renewed the same, which deed or deeds of renewal so made and executed by the
said master or masters, counterparts thereof being duly perfected by the
lessee or lessees for the use and benefit of the person or persons having the
reversion and inheritance of such lands, tenements, or hereditaments comprised
in such deed or deeds, shall be as good and effectual in law and equity, to
all intents and purposes, as if the person in whose name the same shall be
made had executed the same; but in every such case it shall be in the
discretion of the said Court of Chancery in Ireland, 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 or renewal, unless by the decree to be made in such
cause, or until after such decree shall have been made.




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