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Under-lessee entitled to require his immediate Lessor to procure Renewal may petition for Grants to such Lessor and the superior Owners.
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XXVIII. And be it enacted, That it shall be lawful for the Owner of an Under-lease in Perpetuity immediately derived out of a Lease in Perpetuity, where such Owner is entitled to require the Owner of the Lease in Perpetuity to procure the Renewal thereof, and whether the Time for Renewal of such Lease or Under-lease has or has not arrived, to apply to the Court of Chancery, or to the Court of Exchequer at the Equity Side thereof, by Petition, in manner herein-before mentioned, praying that a Grant may be executed to the Owner of such Under-lease under this Act, and also praying that a like Grant may be made by the Owner Of the Reversion to and accepted by the Owner of such Lease in Perpetuity, and praying such other Relief as may be applicable to the Case; and it shall be lawful for the Owner of an inferior Under-lease in Perpetuity entitled to require the Owner of the immediately superior Under-lease in Perpetuity to procure a Renewal thereof, and whether the Time for the Renewal of such inferior Under-lease or of any Under-lease superior thereto or of the Lease in Perpetuity has or has not arrived, to apply by Petition as aforesaid, praying that a Grant may be executed to such first-mentioned Owner under this Act, and also praying that the like Grant or Grants (as the Case may require) may be made to and accepted by the Owner of the immediately superior Under-lease in Perpetuity, and to and by the Owner of each Under-lease in Perpetuity (if any) superior to such Under-lease, (where such Owner is under the like Obligation to the Owner of the immediately inferior Under-lease in Perpetuity to procure Renewal,) and to and by the Owner of the Lease in Perpetuity, (where such Owner is under the like Obligation to the Owner of the immediate Under-lease in Perpetuity to procure Renewal,) from the Owner or respective Owners from whom a Grant or Grants might be required under this Act by such respective Owners as aforesaid, and praying all such other Relief in relation to such Grant or Grants as may be applicable to the Case; and upon such petition being presented it shall be in the Discretion of the Court to make an Order for Hearing thereon, or, ex parte, to make an Order referring the Matter of such Petition to the Master or Remembrancer; and all such Inquiries, Directions, Orders, and Proceedings shall and may be made, given, and taken in relation to the several Grants prayed for by such Petition as if such Grants had been prayed for by the Owners to whom such Grants are thereby prayed to be made; and all the Provisions herein contained in relation to the Proceedings by and before the master or Remembrancer, his report, and the Execution by him of a Grant or Counterpart upon or after a Reference to such Master or Remembrancer under a Petition presented under the Provision herein-before contained, shall extend and be applicable to a Reference to the Master or Remembrancer under a Petition presented under this Provision; 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 to whom such Grant should be made neglects or refuses to pay the same within such Time as the Master or Remembrancer or the Court may appoint, it shall be lawful for any Person interested in the Lands to be comprised in the Grant or in any Fee-farm Rent to be made payable out of such Lands or any Part thereof, and who shall be in this Behalf authorized by the Master or Remembrancer or the Court, to pay such Arrear or Sum of or in respect of Rent, and such Fine or Fines, with Interest thereon, and such Fees; and all Sums so paid, and the Costs (if any) incurred in relation to such Payment, shall be and be deemed a like Lien and Charge in favour of the Person paying the same, his Executors or Administrators, and with the like Priority as herein-before provided in the Case of Money paid on account of the Redemption of Lands from a Judgment and Execution in Ejectment, and the Costs of such Redemption, subject only to the Priority given to the Charge and Lien created in respect of such Money and Costs as last aforesaid, and all Sums of Money paid under this Provision and the Costs in relation to such Payment, shall also be recoverable by all the like Ways and Means, with the Costs of the Proceedings for Recovery thereof, as Money paid for such Redemption as aforesaid and the Costs thereof are under the Provision herein-before contained recoverable.
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