|
|
Proceedings upon Reference to the Master or Remembrancer.
|
XXIV. And be it enacted, That where the Matter of any such Petition as aforesaid is referred to the Master or Remembrancer, either upon the Hearing or ex parte, such Master or Remembrancer 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, Husband, or Attorney competent to act for such Owner under the Provision herein-before contained, then the Master or Remembrancer 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 or Remembrancer 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, Husband, 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 or Remembrancer 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 or Remembrancer, 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 or Remembrancer specially in his Report.
|
