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Granting of leases by the Circuit Court.
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169.—(1) A person (in this section referred to as the applicant) who desires to obtain a lease of any lands or premises to which this section applies for the purpose of carrying on any shipping business or any other business or trade incidental to the use of a port may apply to the Circuit Court (in this section referred to as the Court) for a lease under this section of such lands or premises.
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(2) Where an application is made to the Court under this section, the Court shall, before proceeding with the hearing of the application, be satisfied that all proper parties have notice of the application, and for that purpose the Court may direct such inquiries to be made and notices to be served as it thinks proper and, in particular, may direct any such notice to be served by advertisement.
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(3) Where, on the hearing of an application under this section, the Court is satisfied, having regard to all the circumstances of the case, that it is reasonable and proper that a lease should be made under this section to the applicant of all or any part of the lands or premises to which the application relates, the Court may direct such lease to be made accordingly.
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(4) The following provisions shall have effect in respect of a lease made under this section:
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(a) the lease shall be made for such term, not exceeding thirty years, as the Court directs, commencing on such date as the Court fixes;
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(b) the lease shall reserve such rent or rents to such persons as the Court directs;
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(c) where the Court so directs, the lease shall be expressed as a lease and a series of reversionary leases;
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(d) the lease shall contain such covenants and conditions as the Court directs;
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(e) the parties to the lease shall be such persons as the Court directs;
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(f) the draft of the lease shall be settled and approved of by the Court.
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(5) Where a person who is directed by the Court to be a party to a lease under this section is, by reason of his being a trustee, personal representative or other person having a fiduciary capacity or by reason of his being an infant or by reason of his having only an estate for his life, or in tail or other limited estate or by reason of restrictive covenants in the lease under which he holds, incapable in law of being a party to the lease under this section for the purposes directed by the Court, the Court may by order empower such person to be a party to such lease for those purposes and to execute such lease accordingly.
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(6) Where a person who is directed by the Court to be a party to a lease under this section is an infant, or a person of unsound mind, or cannot be found, or refuses or fails to execute the lease, the Court may appoint an officer of the Court to execute the lease for and in the name of such person, and thereupon the execution of the lease by that officer for and in the name of such person shall for all purposes be as effectual as the execution thereof by such person.
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(7) All costs and expenses of or incidental to an application to the Court under this section and of or incidental to the preparation, execution and completion of the lease (if any) made in pursuance of such application shall, unless the Court for special reasons otherwise directs, be borne and paid by the applicant.
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(8) This section shall not apply to any private residence or to any lands or premises belonging to the State or a harbour authority but, save as aforesaid, it applies to all lands or premises which for the time being are not being put to some bona fide use and which are situated within a distance of one quarter of a mile from the limits of a harbour.
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