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RENEWABLE LEASEHOLD CONVERSION ACT 1849

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - LONG TITLE

An Act for converting the renewable Leasehold Tenure of Lands in
Ireland into a Tenure in Fee.{1}
[1st August 1849]
Preamble rep. by SLR 1891[

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 1
Conversion of leases in perpetuity into inheritances in fee simple.

1.] Where lands in Ireland are held under any lease in perpetuity,
the owner of such lease in perpetuity, and whether the time for
renewal has or has not arrived, may require the owner of the
reversion to execute a grant, according to the provisions of this
Act, of the lands comprised in such lease; and the owner of the
reversion, upon being so required as aforesaid, shall execute a
grant to the owner of such lease of an estate of inheritance in
fee simple in such lands, subject to a perpetual yearly fee-farm
rent, of such amount as herein-after mentioned, to be charged upon
such lands, and to be payable on the same days and times as the
yearly rent made payable by such lease, and subject to the like
covenants and conditions for securing the payment of such fee-farm
rent as are contained in such lease with respect to the rent
thereby reserved, and with and subject to such other covenants,
conditions, exceptions, and reservations, (save covenants to grant or
to accept and take a renewal of such lease, and such covenants,
conditions, exceptions, and reservations as may be commuted as
herein-after mentioned) as are contained in such lease, and then
subsisting; and where lands in Ireland are held under any
under-lease in perpetuity of any degree of tenure, the owner of
such under-lease, and whether the time for renewal has or has not
arrived, may require the owner of the lease or under-lease in
perpetuity out of which such first-mentioned under-lease is derived,
or the owner of the estate of inheritance which may have been
granted in respect of the lease or under-lease out of which such
first-mentioned under-lease is derived, to execute a grant, according
to the provisions of this Act, of the lands comprised in such
first-mentioned under-lease; and the owner so required shall thereupon
execute a grant to the owner of such under-lease of an estate of
inheritance in fee simple in such lands, subject to a perpetual
yearly fee-farm rent, of such amount as herein-after mentioned, to
be charged upon such lands, and to be payable on the same days
and times as the yearly rent made payable by such under-lease, and
subject to the like covenants and conditions for securing such
fee-farm rent as are contained in such under-lease with respect to
the rent thereby reserved, and subject to such other covenants,
conditions, exceptions, and reservations, (save covenants to grant or
to accept and take a renewal of such lease, and such covenants,
conditions, exceptions and reservations as may be commuted as
herein-after mentioned) as are contained in such under-lease, and
then subsisting; and upon the delivery of every such grant as
aforesaid to the owner requiring the same, he shall execute and
deliver to the owner executing such grant a counterpart thereof; and
the expense of the preparation and execution of such grant and
counterpart shall be paid by the owner to whom the grant is made:
Provided always, that the owner required to make any such grant as
aforesaid shall not be obliged to execute such grant until, where
the time for renewal of the lease or under-lease by the owner of
which the grant is required has not arrived, all such arrears or
sums, if any, of or in respect of rent as, if the time had
arrived for renewal of such lease or under-lease, and a bill had
been filed for the renewal thereof, would have been required by a
court of equity to be paid on such renewal, and where the time
for renewal of such lease or under-lease has arrived, or where
there has not been a renewal of such lease or under-lease at or
after the time at which the same might have been last renewed
according to the covenant for renewal, all such arrears or sums, if
any, of or in respect of rent, and also all such fines and fees,
if any, and interest, as would have been required by a court of
equity to be paid on renewal of such lease or under-lease, are
paid: Provided also, that no owner required to execute any such
grant as aforesaid shall be obliged to execute such grant where the
right of renewal is lost both at law and in equity; and where any
owner required to execute any such grant as aforesaid disputes the
right of the party requiring such grant to require the execution of
such grant, such owner shall, within one calendar month after he is
so required as aforesaid, serve on the person by whom such grant
has been required a notice in writing stating that the right to
require such grant is disputed, and the grounds on which such right
is so disputed.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 2
Amount of fee-farm rent.

2. The fee-farm rent to be made payable by every such grant as
aforesaid shall, where the lease or under-lease (as the case may
be) to the owner of which the grant is made is renewable without
fine, or upon payment of a peppercorn or other merely nominal fine
of like nature, be of the like amount as the yearly rent made
payable by such lease or under-lease, and shall, where such lease
or under-lease is renewable upon payment of a fine or fines not
merely nominal, be of an amount equal to the aggregate amount of
the yearly rent made payable by such lease or under-lease, and the
value of the renewal fine or fines and fees (if any), such value
to be estimated or computed with regard to the probable duration of
the subsisting term, the average duration of life, and the
respective periods for renewal, but without regard to and exclusively
of any penal rents or sums made payable upon neglect, delay, or
refusal to apply for or take renewal, and to be ascertained as
herein-after mentioned, if the parties differ about the same.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 3
Lessee or under-lessee may require exceptions, &c., interfering with
cultivation to be commuted for an increased rent.

3. Where any subsisting exception or reservation contained in the
lease or under-lease in perpetuity by the owner of which a grant
is required as aforesaid, or any right under covenant or otherwise
annexed or belonging to the reversion or estate from the owner of
which a grant is required, interferes with the proper cultivation of
the lands comprised in such lease or under-lease, the owner of such
lease or under-lease requiring such grant as aforesaid may (if he
think fit) require that such exception, reservation, or right should
cease, wholly or partially, and in such case the grant shall be
modified accordingly, and the fee-farm rent to be made payable by
such grant shall be increased by such an amount as is equivalent
to the value of such exception, reservation, or right, in so far
as it is made to cease as aforesaid, such amount to be ascertained
in manner herein-after mentioned, in case the parties differ about
the same.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 4
Rights to timber, mines, &c. not to be commuted but with consent
of reversioner.

4. Provided always, that where any right to timber, timber trees or
other trees, woods, underwood, or underground woods, bogs, mosses,
turbaries, mines, minerals, quarries, or royalties, whether under
express exception or reservation contained in the lease or underlease
in perpetuity or otherwise, is annexed to or belongs to the
reversion or estate from the owner of which a grant is required,
it shall not be lawful for the owner of the lease or under-lease
in perpetuity requiring the grant to require that such right should
cease, either wholly or partially, but in every such case the owner
of the reversion or estate from the owner of which the grant is
required, and the owner of the lease or under-lease requiring the
grant, may agree that such right should cease or pass under the
grant, either wholly or partially, and in such case the grant shall
be modified accordingly, and the yearly fee-farm rent to be made
payable by such grant shall be increased by such an amount as is
equivalent to the value of such right, so far as it is made to
cease or pass as aforesaid.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 5
Compensation where there is a loss to the owner of the reversion
on the conversion thereof into a rent.

5. Provided also, that where the estate into which the reversion
from the owner of which a grant is required as aforesaid would be
converted upon such grant under the provisions herein-before contained
would not afford full compensation for the loss of such reversion,
or of any power, benefit, or advantage incident thereto, or
exercised or enjoyed by or on behalf of the owner thereof under
any local or personal Act of Parliament, charter, settlement, or
otherwise, the owner of such reversion may require such loss to be
compensated by such an addition in respect thereof to the fee-farm
rent to be made payable under such grant, or, at the option of
the owner of such reversion, by the payment of such a gross sum
of money, (the amount in either case to be ascertained as
herein-after mentioned, in case the parties differ about the same,)
as will afford a full compensation for such loss, to be estimated
according to the difference in marketable value; and where upon a
grant made or to be made under this Act to the owner of a lease
in perpetuity such addition or payment as aforesaid has been made
or may be required to be made, the owner of such lease, or of
the estate into which the same has been converted under this Act,
upon being required to make a grant under this Act to the owner
of an under-lease in perpetuity derived out of such lease, may
require an addition to be made to the fee-farm rent to be made
payable under such last-mentioned grant, or the payment of a gross
sum of money, of the like or a proportionate amount (as the case
may require); and in like manner, where upon a grant made or to
be made under this Act to the owner of any under-lease in
perpetuity an addition to the fee-farm rent payable under such
grant, or the payment of a gross sum of money, has been made or
may be required to be made under this provision, the owner of such
under-lease, or of the estate into which the same has been
converted, may require an addition to be made to the fee-farm rent
to be made payable on any grant which he may be required to
execute to the owner of any inferior under-lease, or the payment of
a gross sum of money, of the like or a proportionate amount (as
the case may require).

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 6
By consent, a portion of the lands comprised in lease, &c., and
not subject to any inferior under-lease in perpetuity may be
allocated in lieu of fee-farm rent, or the fee-farm rent may be
charged on part only of such lands.

6. Where the owner required to execute such grant as aforesaid and
the owner requiring the same shall so agree, a part of the lands
comprised in the lease or under-lease by the owner of which such
grant is required, and not comprised in any inferior under-lease in
perpetuity, may be allocated in fee simple in lieu of the fee-farm
rent which would have been made payable by such grant, or of any
portion thereof, or such fee-farm rent, or any portion thereof, in
lieu of which land is not allocated as aforesaid, may be made
payable out of any sufficient part only, to be specified in the
grant, of the lands comprised in such lease or under-lease, and the
residue of the lands shall be discharged therefrom; and where land
is allocated as aforesaid the same shall by the same grant be
conveyed or surrendered by the owner of the lease or under-lease to
the owner to whom the fee-farm rent in lieu of which or of a
portion of which the same is allocated would have been payable.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 7
Grants to be valid against all parties;

7. From and after the execution of such grant to the owner of a
lease in perpetuity, or to the owner of an under-lease in
perpetuity, as aforesaid, such grant shall, where such grant is made
to the owner of a lease in perpetuity, bind all persons interested
in the reversion and in such lease, and all persons bound by such
lease, and such reversion shall be converted into an estate of
inheritance in fee simple in the fee-farm rent made payable by such
grant, and the conditions, exceptions, and reservations therein
contained, and all rights annexed or belonging to such reversion
saved by and not commuted under this Act; and such grant shall,
where such grant is made to the owner of an under-lease in
perpetuity, bind all persons interested in the lease or superior
under-lease, or the estate of inheritance granted in respect thereof
by the owner of which the grant is made, and in the under-lease
to the owner of which the grant is made, and all persons bound by
such under-lease; and the estate held under such lease or superior
under-lease, or such estate of inheritance as aforesaid, shall be
converted into an estate of inheritance in fee simple in the
fee-farm rent made payable by such grant, and the conditions,
exceptions, and reservations therein contained, and all rights annexed
or belonging to the estate by the owner of which such grant is
made saved by and not commuted under this Act; and each such
estate of inheritance in fee simple as aforesaid shall be
transmissible and descendible in like manner as if the same were an
estate of inheritance in fee simple in reversion in the lands on
which the fee-farm rent is charged by the grant creating the same,
having incident thereto the conditions, exceptions, and reservations
contained in the same grant, and such rights respectively as
aforesaid; and the estate of inheritance created under every such
grant as aforesaid in the lands comprised therein, save any part
thereof allocated in lieu of a fee-farm rent or any portion
thereof, under the provision herein contained, and the estate of
inheritance so created as aforesaid in the fee-farm rent made
payable by such grant, and in any land so allocated as aforesaid,
shall from and after the execution of such grant be respectively
vested in the same persons, for the same estates and interests, and
be respectively subject to the same uses, trusts, provisoes,
agreements, and declarations, and be respectively charged with and
subject to the same charges, liens, judgments, incumbrances, and
equities, as the estate held under the lease or under-lease in
perpetuity to the owner of which the grant is made, and the
reversion or estate by the owner of which the grant is made, were
respectively vested in, subject to, and charged with immediately
before their conversion into such respective estates of inheritance
as aforesaid was affected, or as near thereto as the different
natures of the estates and the circumstances of each case will
admit; but all land allocated as aforesaid shall remain subject to
all demises and tenancies inferior in tenure to the lease or
under-lease by the owner of which such land may have been so
allocated.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 8
Conversion not to affect testamentary dispositions, which shall take
effect on the estates acquired under this Act.

8. The conversion of any estate under this Act shall not prevent
or prejudice the operation of any devise, bequest, or testamentary
appointment, made before such conversion, of such estate, or any
interest therein, but such devise, bequest, or testamentary
appointment shall operate upon the estate or interest created or
acquired under this Act, as fully and effectually to all intents
and purposes whatever, as the same would have operated upon the
respective estate or interest previously subsisting if no conversion
had taken place.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 9
Conversion not to affect rights to franchises, or to minerals or
royalties unless commuted.

9. No conversion under this Act of any estate shall operate ... to
defeat or affect any rights of lords of manors or reputed manors,
or of owners of reversions in fee simple, to courts leet or courts
baron, and services at the same, escheats, fairs, markets,
franchises, rights, liberties, privileges of chase or free warren,
hunting, hawking, fowling, piscaries, fisheries and rights of fishing,
or any rights in any mines or minerals, quarries, or royalties,
within or under the lands included in any estate converted under
this Act, save in so far as the same may be commuted under this
Act.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 10
Covenants running with the lands.

10. All covenants by law implied on the part of landlord or tenant
upon any lease or under-lease in perpetuity to the owner of which
a grant is made under this Act shall be implied upon such grant,
and every covenant for payment of rent, and every other covenant
contained in pursuance of this Act in any such grant as aforesaid,
in substitution for a like covenant in the lease or under-lease to
the owner of which such grant is made, where such last-mentioned
covenant is of such a nature as that the burden thereof doth by
law run with the land, and bind the assignee of such lease or
under-lease, and every covenant implied under this Act, upon any
such grant, where the burden of the implied covenant for which the
same is in substitution was upon the owner of such lease or
under-lease, shall run with the estate in fee simple into which the
estate held under such lease or under-lease is converted under this
Act, and the owner or assignee for the time being of such estate
in fee simple shall be chargeable upon such covenants in the same
manner and to the same extent as if he were owner or assignee of
the term or interest created by such lease or under-lease, and such
term or interest, and the estate out of which such lease or
under-lease was derived, were still subsisting, and the benefit of
such covenants shall run with the estate into which such estate is
converted under this Act, and the owner or assignee for the time
being of the estate created by such conversion shall have the full
benefit of such covenants, and be entitled to maintain actions
thereon; and every covenant contained in pursuance of this Act in
any such grant as aforesaid, in substitution for a like covenant in
such lease or under-lease as aforesaid, where such last-mentioned
covenant is of such a nature as that the burden thereof doth by
law run with the estate out of which such lease or under-lease was
derived, or bind the assignee of such estate, and every covenant
implied under this Act upon any such grant, where the burden of
the implied covenant for which the same is in substitution was upon
the owner of the estate out of which such lease or under-lease was
derived, shall run with the estate into which such estate is
converted under this Act; and the owner or assignee for the time
being of the estate created by such conversion shall be chargeable
upon such covenants in the same manner and to the same extent as
if he were owner or assignee of such estate so converted, and such
estate and lease or under-lease were still subsisting, and the
benefit of such covenants shall run with the estate in fee simple
into which the estate held under such lease or under-lease is
converted under this Act, and the owner or assignee for the time
being of such estate in fee simple shall have the full benefit of
such covenants, and be entitled to maintain actions thereon.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 11
Provision as to covenants contained in grants in substitution for
leases by the Irish Society.

11. And whereas in leases in perpetuity granted by the governor and
assistants of the new plantation in Ulster, within the realm of
Ireland, commonly called the Irish Society, are contained covenants
for the decision, by the award and order of the said society, of
questions, disputes, or controversies arising between their tenants or
under-tenants, and for the protection of certain fisheries: where
there is contained in any grant under this Act made to the owner
of any lease or under-lease in perpetuity a covenant in substitution
for a like covenant in such lease or under-lease, for or concerning
the decision by the said society of any question, dispute, or
controversy, or for or concerning the protection of any fishing, or
conferring any other power, benefit, or advantage on the said
society, which covenant did not by law run with the land, such
covenant in such grant shall run with the land, and the provisions
of this Act shall be applicable thereto in like manner as if the
covenant for which the same is in substitution did by law run with
the land.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 12
Conversion of lessee's or under-lessee's interest not to affect
demises made by him.

12. Where the estate held under any lease or under-lease in
perpetuity is converted under this Act into an estate of inheritance
in fee simple, and such estate was immediately before such
conversion subject to any subsisting under-lease or demise at will,
or for any greater interest, the fee simple into which such estate
is so converted shall be the reversion immediately expectant upon
such under-lease or demise, and the rents and services reserved and
made payable upon such under-lease or demise shall be incident and
annexed to such reversion, and the covenants and agreements, whether
express or implied, on the part both of the landlord and the
tenant, shall run with the land and with the reversion respectively,
in the same manner in all respects, and to the same extent, as if
such under-lease or demise had been made by a person seised in fee
simple in possession, and the estate in fee simple created by such
conversion as aforesaid had been the reversion expectant upon such
under-lease or demise; and such conversion shall not prejudice or
affect any right of distress, entry, or action which has accrued in
respect of such under-lease or demise before such conversion.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 13
Saving of rights of superior owners and of under-lessees.

13. Provided always, that no grant made by the owner of any lease
or under-lease in perpetuity under this Act shall prejudice or
affect the rights of the owner of the reversion, or of any lease
or under-lease superior in tenure, or of the estates into which
they may be respectively converted under this Act, but all owners,
lessees, under-lessees, and occupiers for the time being of any land
shall have the like rights and equities to be discharged of and
indemnified against fee-farm rents created under this Act as such
owners, lessees, under-lessees, and occupiers respectively would have
had in respect of the rents incident to the several reversions or
estates converted into such respective fee-farm rents; and the owners
for the time being of all fee-farm rents created under this Act
shall be subject to and charged with the like liabilities and shall
have the like rights and equities to indemnify and to be
indemnified in respect of such fee-farm rents respectively as they
would have been subject to and would have had in respect of the
reversions or estates which have been converted into such respective
fee-farm rents in case this Act had not been passed.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 14
Under-lessee entitled to require his lessor to obtain renewal may
require him to obtain a grant.

14. Where the owner of any under-lease in perpetuity is entitled to
require the owner of the lease or superior under-lease out of which
such first-mentioned under-lease is derived to procure a renewal of
such lease or superior under-lease, the owner of such first-mentioned
under-lease may, at the time of requiring the owner of such lease
or superior under-lease to execute to him a grant under this Act,
and whether the time for the renewal of such lease or superior
under-lease has or has not arrived, also require the owner thereof
to procure a like grant to be made to such owner by the owner
from whom he is entitled under this Act to require such grant; and
where a grant has been made under this Act to the owner of an
under-lease in perpetuity entitled to require the owner of the lease
or superior under-lease in perpetuity out of which such
first-mentioned under-lease was derived to procure a renewal of such
lease or superior under-lease, and the owner to whom such grant has
been made has not at the time of requiring such grants required
the owner of such lease or superior under-lease to procure a like
grant to be made to such owner, and such grant has not in fact
been made to such owner, the owner of the estate into which the
estate under such first-mentioned under-lease has been converted
shall, at the time when he might if such last-mentioned estate had
not been converted have required the owner of such lease or
superior under-lease to procure a renewal thereof, be in like manner
entitled to require such owner to procure a grant to be made to
him under this Act.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 15
Subsequent grant to owner of lease, &c. to feed grant previously
made by him.

15. Where any lands comprised in a lease or under-lease to the
owner of which a grant is made under this Act of an estate of
inheritance are comprised in an under-lease in perpetuity to the
owner of which the owner of such lease or first-mentioned
under-lease has previously made a like grant in such lands, such
first-mentioned grant shall operate to supply or feed the grant so
previously made, and each like grant (if any) previously made by
the owner of each inferior under-lease in perpetuity in the same
lands, or any part thereof, between which and the secondly
before-mentioned under-lease there is no intermediate under-lease in
perpetuity subsisting.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 16
Acquisition by owner of fee-farm rent of part of land charged with
such rent to operate as an extinguishment of an apportioned part of
such rent.

16. Where any fee-farm rent shall be charged upon any lands by any
grant made under this Act, the acquisition of a part of such lands
by the person entitled to such fee-farm rent, whether such
acquisition shall be by descent, by purchase, or by escheat, shall
operate so as to extinguish only a proportionate part of the rent
to which such person shall be entitled, and the remaining part of
such rent shall be recoverable out of the residue of such lands,
in the same manner as the whole rent would have been recoverable
if such acquisition had not been made; and in such case such
fee-farm rent shall be apportioned by the agreeement of the persons
interested, and, in default thereof, according to the relative
amounts of the value of the land so acquired and the value of the
residue of such lands, in the same manner as rent-service is now
by law apportionable upon an alienation of the reversion in part of
the lands.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 17
Guardians, &c. may act for owners under disability or abroad.

17. Where the owner of any reversion, lease, under-lease, or estate
is a minor, idiot, lunatic, ..., or is not within the United
Kingdom, the guardian, trustee, committee of the estate, ..., or
attorney respectively of such owner shall for the purposes of this
Act be substituted in the place of such owner, and shall and may
execute such grants and counterparts, make such agreements, and do
all such other acts which such owner, if not under disability or
out of the United Kingdom, should and might have executed, made,
and done under this Act.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 18
The portion added under this Act to any former rent not to be
liable to deduction for poor rate.

18. Where any fee-farm rent made payable by any grant under this
Act is greater in amount than the rent reserved by the lease or
under-lease in perpetuity to the owner of which such grant is made,
the party paying such rent shall not be entitled to deduct from
the party receiving the same any poundage in respect of poor's rate
from the portion of such rent which by virtue of this Act is
added to the amount of rent previously payable.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 19
Act not to alter liability to tithe rent-charge.

19. Nothing in this Act contained shall be deemed to affect or
alter the existing liability of any party or parties, or of any
estate or interest, in respect of the payment or deduction of
rent-charge in lieu of tithe.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 20
Fee-farm rent recoverable by like remedies as rent-service reserved
on demise for life.

20. The fee-farm rent made payable by any grant under this Act, or
by any grant made after the passing of this Act, shall be
recoverable by ... ejectment for nonpayment of rent, action of debt,
covenant, and all other ways, means, remedies, actions, suits, or
otherwise, by which rent-service reserved on any common lease or
demise for a life or lives is or may be by law recoverable; and
all the enactments relating to ejectment for nonpayment of rent,
..., or other remedies for recovery thereof, shall apply to every
such fee-farm rent as aforesaid, as fully and effectually as if the
same were rent-service reserved on a lease for a life or lives;
and in proceedings by ejectment for nonpayment of such fee-farm
rent, under the statutes for the time being in force in Ireland in
relation to ejectment for nonpayment of rent made applicable under
this Act to such fee-farm rent as aforesaid, the receipt of such
fee-farm rent for three years by the lessor of the plaintiff, or
any person or persons through whom he claims, shall have the same
force and effect as a similar receipt of rent-service reserved on
any lease for life or lives would have in proceedings by ejectment
for nonpayment of such rent under such statutes; ... and in actions
of ..., debt, or covenant or other proceeding founded on such grant
as aforesaid, proof that the said plaintiff or other person, or any
person or persons through whom he claims, has or have been in
possession or in receipt of such fee-farm rent for three years
shall be sufficient evidence of the title of the plaintiff or other
person thereto, as in cases of ejectment for nonpayment of rent
under the statutes in force in relation thereto; and if in any
such action of ejectment as aforesaid judgment be given for the
plaintiff, and execution executed, or if any entry be made in
respect of such fee-farm rent as aforesaid, or by virtue of any
condition for re-entry contained in any such grant as aforesaid,
then the estate in the lands acquired under such judgment and
execution or by such entry shall be of the like nature, and shall
be subject to the same or the like uses, trusts, charges, liens,
equities, rights, and incumbrances, as if such judgment and execution
or such entry had been in respect of an estate in reversion, and
of a rent or of a condition, as the case may be, incident
thereto, and such estate in reversion had stood limited to the same
uses and trusts, and subject to the same charges, liens, equities,
rights, and incumbrances, to which such fee-farm rent stood limited
or subject.

S.21 rep. by SLR 1892; 1978 c.23 s.122(2) sch.7

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 22
Application to High Court of Justice in case of disputed right to
grant, and in other cases.

22. Where the owner of any lease or under-lease in perpetuity, of
any degree of tenure, of lands in Ireland, has required a grant
under this Act, and the owner of the reversion, lease, or superior
under-lease, or estate from whom such grant has been required
disputes the right to such grant, or in case such owners shall
differ as to what covenants, conditions, exceptions, or reservations
shall be contained in such grant, or what exceptions, reservations,
or rights should be commuted, or otherwise as to the terms or
conditions of such grant or the amount of fee-farm rent to be made
payable thereunder, or in case the owner of the reversion, superior
lease, under-lease, or estate who might be required to execute a
grant under this Act be a minor, idiot, lunatic, ..., or not
within the United Kingdom, and there be no guardian, committee of
the estate, ..., or attorney respectively of such owner competent to
act under the provision herein-before contained, or where the owner
who might be required to execute a grant under this Act is not
known, or there is or are any arrear of rent, 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, it shall be lawful for
the owner of the lease or under-lease in perpetuity who has
required such grant or would be entitled to require the same, as
the case may be, to apply to the [High Court of Justice in
Northern Ireland] in a summary way, by petition, praying that a
grant may be executed to him under this Act, or that it may be
declared what covenants, conditions, exceptions, and reservations
should be contained in such grant, or that any such exceptions,
reservations, or rights as aforesaid may be commuted, or that the
terms or conditions of such grant may be settled, or that the
amount of the fee-farm rent may be determined, or such other relief
as shall be applicable to the case; and every such petition shall
be intituled "In the Matter of the Renewable Leasehold Conversion
Act," ex parte the person who presents such petition, and shall
state the date and names of the parties to whom and the short
contents of the lease or under-lease in respect of which the same
is presented, and of the last renewal thereof, with the name of
the lands, and the parish, barony, and county in which the same
are situate, and the nature and extent of the estate or interest
of the petitioner in such lease or under-lease, and shall, where
the right of the petitioner to a renewal of such lease or
under-lease is disputed, state that such right is disputed, and
shall state such other matters as the circumstances of the case may
require; and every such petition shall be verified by the affidavit
of the person by whom the same is presented, or of his solicitor,
attorney, or agent, or otherwise as the court shall consider
sufficient, and in all cases under this Act the reversion, lease,
and under-lease respectively shall be sufficiently represented by the
respective owners thereof, and it shall not be necessary to bring
before the court any other parties interested in such reversion,
lease, and under-lease respectively, unless in special cases the
court shall otherwise direct.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 23
Proceedings upon petition.

23. Where such petition as aforesaid is presented in respect of a
lease or under-lease the right to a renewal of which is disputed,
such petition shall be heard by the court, and the court may upon
the hearing determine the right to such renewal, or retain the
petition until such right be established on a bill filed or other
proper proceeding taken for such purpose, or may refer the said
matter of such petition to the master, or make such other order in
the matter of such petition as the court may think fit; and such
petition shall, fourteen days before the hearing thereof, be served
by or on behalf of the party presenting the same on the owner of
the reversion, lease, under-lease, or estate from the owner whereof
the grant under this Act was required; and where such petition is
presented in respect of a lease or under-lease the right to a
renewal of which is not disputed, it shall be in the discretion of
the court either to make an order for hearing thereon, or else ex
parte to make an order referring the matter of such petition to
the master.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 24
Proceedings upon reference to master.

24. Where the matter of any such petition as aforesaid is referred
to the master either upon the hearing or ex parte, such master
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, ... or attorney
competent to act for such owner under the provision herein-before
contained, then the master 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 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, ..., 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 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, 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 ... specially in
his report.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 25
Master to make report on petition.

25. The master shall make his report in relation to the matter of
such petition, and such report shall state the application to the
court, and the result of his inquiries and proceedings under the
reference, and where the petitioner is entitled to a grant such
report shall refer to the draft of the grant as settled or
approved by such master, and shall state by whom such grant and
the counterpart thereof should be executed, or should have been
executed if not under disability or out of the United Kingdom, and
shall state all such other matters as to the master may seem
expedient for carrying into due execution the provisions of this
Act.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 26
Confirmation or amendment of report.

26. After the master has made his report, notice of the filing of
such report shall be served by or on behalf of the petitioner on
the party on whom notice of the petition is required to be served;
and at any time before the expiration of the next ensuing term
after such service it shall be lawful for the petitioner or the
party so served, or any other person interested in the matter of
the petition or report, (such other person first obtaining, on an
ex parte motion, the leave of the court so to apply,) to apply to
the court by motion, on notice to the opposite party, or, where
the application is by any such other person as aforesaid, on notice
to both parties to the proceedings under the petition, and to such
other persons (if any) as the court may, on such ex parte
application as aforesaid have directed, to set aside such report, or
to vary or amend the same in any particulars specified in such
notice of motion; and thereupon it shall be lawful for the court
to make such order in relation to the matters aforesaid as the
court may think fit; and the court, if it so think fit, may upon
the hearing of any such motion either wholly confirm such report,
or vary or amend the same in the particulars mentioned in such
notice, or in any other particulars, and confirm the same with such
variations or amendments; and in case no such application be made
to the court within such time as aforesaid, such report may and
shall be confirmed according to the course and practice of the
court.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 27
Grant or counterpart may be executed by master.

27. It shall be lawful for the court, upon the hearing of any
such motion made on notice as aforesaid, or upon any application
made after the confirmation of the report, where it may seem fit
so to do, on account of the disability, absence, or refusal of any
person by whom the grant or counterpart respectively should be
executed, or on account of any such person being unknown or
unascertained, to order that such grant or counterpart, as the case
may be, be executed by the master; and every grant and counterpart
respectively so executed shall have the same force and effect as if
the same had been executed by the owner of the reversion, lease,
superior under-lease, or estate, or lease, under-lease, or inferior
under-lease, as the case may be, on account of whom the same is
so executed by the master.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 28
Under-lessees entitled to require lessors to procure renewals, may
petition for grants to themselves by their lessors, and grants to
their lessors, and the holders of superior under-leases, by the
owners of the superior under-leases, or of the reversions.

28. 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 [High Court of Justice in Northern Ireland] 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; 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, his report, and the execution by him of
a grant or counterpart, upon or after a reference to such master
under a petition presented under the provision herein-before
contained, shall extend and be applicable to a reference to the
master 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 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 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.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 29
Persons becoming parties to proceedings, and persons claiming under
them, to be subject to the jurisdiction of the court.

29. All persons who shall become parties to any proceedings under
this Act, by making any application to the court, or by submitting
to the jurisdiction thereof, or by attending before the master in
the course of such proceedings, or by otherwise taking part therein,
and the representatives of the petitioner, and of all such persons,
and all persons claiming under him or them by their act or by act
of law subsequent to their becoming subject, shall for the purposes
of this Act be subject to the jurisdiction of the court, and to
all orders of the court and of the master in the course of any
such proceedings, in like manner and as fully as parties to a
cause pending in the court are so subject in such cause.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 30
Master may examine parties, &c.

30. In order to enable the master to ascertain such particulars as
it may be necessary for him to ascertain upon any reference to him
under this Act, he shall be at liberty to examine upon oath the
party who has presented any petition, and to inquire by affidavit,
and by examination of witnesses, and by other evidence, respecting
any of the matters referred to him; and the owner of any lease or
under-lease respecting which any inquiry is made as herein-before
directed shall, when thereto required by the master, produce such
lease or under-lease, and all other deeds or instruments under or
by virtue of which such owner holds the lands respecting which such
inquiry is made, and shall produce and furnish such proof or
information as the master requires as to the rent, fine or fines,
and fees (if any), payable under such lease or under-lease, and as
to the existence and the age of the person or persons upon whose
life or lives (if any) such lease or under-lease depends, and as
to the rent, fines, interest, and fees (if any), which have become
due or payable.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 31
Mode of serving notices, &c.

31. Whenever any notice required to be given by this Act, or which
is required or necessary for carrying into effect any of the
provisions of this Act, cannot be given or delivered to the person
to or for whom such notice is directed or intended, it shall be
sufficient for the person obliged to give such notice to leave the
same at the last known or most usual place of abode of the person
to or for whom such notice is directed or intended, with an inmate
of such place of abode aged sixteen years or upwards, if such
place of abode be within Ireland, and if the same be not within
Ireland, then to serve such notice on the agent or attorney of
such person, or the receiver of the rents of his estate, and if
such agent, attorney or receiver cannot be discovered, then it shall
be sufficient service of such notice to publish the same at least
once in each week, in two successive weeks, by advertisement in the
[Belfast Gazette], and in two newspapers published in [Belfast], and
in one newspaper circulating in the county in which the lands to
which the notice relates or the greater part thereof are situate,
and also to give such notice to any principal occupier of any of
such lands, or, if the master so direct, to send such notice by
the post to the last known address of the party on whom the same
shall be required to be served, within such period as to admit of
its being delivered within the period prescribed, if any, for such
notice to be given, or to serve such notice on such person and in
such manner as the master directs.

Ss.32, 33 rep. by SLR 1892

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 34
Provisions concerning grants, &c., to be applicable to grants in
relation to which petitions are presented.

34. All the provisions of this Act in relation to the amount of
the fee-farm rent to be made payable by a grant under this Act,
and the covenants, conditions, exceptions, and reservations to be
contained in such grant, the commutation of exceptions, reservations,
and rights, the allocation of land, and all other provisions of
this Act concerning such grant and the effect and consequences
thereof, shall, so far as the same are consistent with the
provisions of this Act in relation to the proceedings by and under
and consequential upon a petition presented under this Act, extend
and be applicable to every such grant for or in relation to which
a petition is presented.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 35
Who shall be deemed the owner of the reversion;

35. For the purposes of this Act every person seised of or
entitled at law or in equity to the reversion expectant on any
lease in perpetuity, as tenant in fee simple, or in fee tail,
general or special, ..., or for life or lives, or for years
determinable on a life or lives, or for a term of years absolute
of which forty years or more are unexpired at the time of the
application for a grant under this Act, and also every ... trustee
(for charitable or other purposes whatsoever) of any such reversion
as aforesaid, for any such estate or interest therein as aforesaid
(whether such estate or interest be or not determinable upon the
execution or fulfilment of any trusts), who is in the actual
receipt of the rent reserved by any lease in perpetuity, and every
executor or administrator who in that capacity, ... or as being
entitled to an estate pour autre vie under any statute or
otherwise, is in such receipt as aforesaid, and also any archbishop,
bishop, parson, or other ecclesiastical person, as to a reversion
held by him in his corporate capacity, shall be deemed to be the
owner of the reversion; and every person entitled at law or in
equity to a lease or under-lease in perpetuity for the whole estate
created or agreed to be created by such lease or under-lease, or
for any derivative estate (created by any instrument other than an
under-lease at a rent,) in tail, ..., for life or lives, or for a
term of years absolute of which not less than twenty years or more
are unexpired at the time of the application under this Act for a
grant to or by the owner of such lease or under-lease, and also
every ... trustee (for charitable or other purposes whatsoever) of
any such lease or under-lease in perpetuity as aforesaid, for such
estate therein as aforesaid (whether such estate be or not
determinable upon the execution or fulfilment of any trusts), who is
in the actual possession of the land or in receipt of the rents
payable by the tenants thereof, and every executor or administrator
who in that capacity, ..., or as being entitled to an estate pour
autre vie under any statute or otherwise, is in such possession or
receipt as aforesaid, shall be deemed the owner of such lease or
under-lease in perpetuity; ...: Provided always, that no person shall
be deemed an owner for the purposes of this Act of the reversion,
or of any lease or under-lease in perpetuity, by reason of any
estate vested in him which has been created by way of mortgage, or
for securing the payment of any sum of money, unless he be in the
receipt of the rent incident to the reversion, or in possession of
the land comprised in such lease or under-lease, or in receipt of
the rents payable by the tenants thereof, (as the case may be,)
but the person who would be deemed the owner for the purposes of
this Act of such reversion, or lease or under-lease in perpetuity,
if such estate by way of mortgage or for securing payment had not
been created, shall, notwithstanding such estate, be deemed such
owner as aforesaid: Provided also, that where several persons in
succession have in the reversion, or lease or under-lease in
perpetuity, such estates or interests as would under this enactment
entitle each of them to be deemed the owner, such of the said
persons shall be deemed the owner for the purposes of this Act as
is in receipt of the rent incident to the reversion, or in
possession of the land comprised in such lease or under-lease, or
in receipt of the rents payable by the tenants thereof, as the
case may be; or in case the person in such receipt or possession
be not entitled to be deemed the owner under this enactment, then
the person who has the first such estate or interest as aforesaid
in reversion or remainder to or above the estate or interest of
the person in such receipt or possession shall be deemed the owner
of such reversion, or lease or under-lease in perpetuity: Provided
also, that in every case in which any person, not being the owner
as herein-before defined, is in possession or receipt as
herein-before mentioned under any charge, or any sequestration,
extent, elegit, or other writ of execution, or as a receiver under
any decree or order of a court of equity, the person in possession
or in receipt of the rents by virtue of such charge, sequestration,
extent, elegit, writ, decree, or order, shall, jointly with the
person who but for such possession or receipt would under this
enactment be deemed the owner of the reversion, or lease or
under-lease in perpetuity, as the case may be, be deemed to be the
owner for the purposes of this Act of the reversion, or lease or
under-lease in perpetuity, as the case may be.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 36
Person to be deemed owner of reversion, &c., shall be deemed owner
of estate created on conversion.

36. Every person who under the provisions herein-before contained
would for the purposes of this Act be deemed the owner of the
reversion, or of a lease or under-lease in perpetuity, if the same
were not converted under this Act, shall, where such reversion, or
the estate held under such lease or under-lease, has been so
converted, be deemed for the purposes of this Act the owner of the
estate created by such conversion.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 37
Future leases in perpetuity to operate as conveyances at fee-farm
rents;

37. Every lease of lands in Ireland for one or more life or
lives, with or without a term of years, or for years determinable
upon one or more life or lives, or for years absolute, with a
covenant or agreement for perpetual renewal, made after the passing
of this Act by any person competent to convey an estate of
inheritance in fee simple, (and not so made in pursuance of a
covenant or agreement entered into before the passing of this Act,)
shall, notwithstanding anything therein contained to the contrary, be
deemed to be and shall operate as a conveyance of the lands
specified therein to the intended lessee, his heirs and assigns for
ever, at a fee-farm rent equal to the rent expressed to be
reserved in such lease; and all reservation of fine or fines upon
or fees for or in respect of such renewal, and all and every
covenant, contract, or agreement for the payment of such fine or
fees, shall be altogether void; and every contract for such a lease
entered into after the passing of this Act by any such person as
aforesaid (not being a renewal of a contract in pursuance of an
agreement in that behalf made before the passing of this Act)
shall, notwithstanding anything therein contained to the contrary, be
deemed to be a contract for a conveyance of the lands specified
therein to the intended lessee, his heirs and assigns, at a
fee-farm rent equal to the rent in such contract proposed to be
reserved; and any such fee-farm rent shall be recoverable by all
the means and remedies provided for the recovery of fee-farm rents
made payable by a grant under this Act, and the provisions of this
Act, so far as the same may be applicable, shall be applied to
such cases.

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 38
Interpretation.

38. The following words and expressions shall in this Act have the
meanings hereby assigned to them, unless there be something in the
subject or context repugnant to such construction; (that is to say,)
words importing the singular number only shall include the plural
number, and words importing the plural number only shall include
also the singular number; words importing the masculine gender only
shall include females; the word "person" and the word "owner" shall
extend to a body politic, corporate, or collegiate, aggregate or
sole; the word "lands" shall extend to messuages, tenements, tithes,
tithe rent-charges, and hereditaments; the word "lease" shall include
a grant or an agreement or contract for a lease or grant; and the
word "under-lease" shall include a grant or an agreement or contract
for an under-lease or grant, and shall include an under-lease carved
out of an under-lease in any degree of tenure; the expression
"lease in perpetuity" shall be taken to apply to all cases where
any hereditaments have been or shall be, by a lease or contract
derived immediately from the freehold and inheritance, demised,
leased, or granted, or contracted to be demised, leased, or granted,
for one or more life or lives, with or without a term of years
or for years determinable upon one or more life or lives, or for
years, absolute, with a covenant or agreement, by a party competent
thereto, in any of such cases, whether contained in the instrument
by which such lease or contract is made or in a separate
instrument, for the perpetual renewal of such lease or contract; the
expression "under-lease in perpetuity" shall be taken to apply to
all cases where any of the land comprised in any such lease in
perpetuity or contract for a lease in perpetuity have been or shall
be under-leased or granted, or contracted to be under-leased or
granted, for one or more life or lives, with or without a term of
years, or for years determinable upon one or more life or lives,
or for years absolute, with a covenant or agreement, whether
contained in the instrument by which such under-lease or contract
for an under-lease is made or in a separate instrument, for the
perpetual renewal of such under-lease or contract; and for the
purposes of this Act an assignment reserving a yearly rent, or a
contract of such assignment, shall be deemed to be an under-lease
or contract for an under-lease respectively, although the person
making such assignment or contract may have parted with or agreed
to part with his whole estate in the hereditaments therein
comprised; and the word "covenant" shall be deemed to include an
agreement; and for the purposes of this Act a covenant or agreement
giving in respect of a lease or under-lease for a term of not
less than ninety years, determinable on a life or lives, a
perpetual right of renewal on the dropping of a life or lives
within the term for which such lease or under-lease, or the renewed
lease or under-lease for the time being in force, may have been
granted, shall, although such covenant or agreement may not give
right of renewal in the event of the termination of such term by
effluxion of time, be deemed a covenant or agreement for perpetual
renewal of such lease or under-lease; and the word "fine" shall
include not only a sum of money, but any heriot, matter, or thing
to be given or done upon or for or in consideration of the
obtaining of any renewal; and "the court" shall mean the [High
Court of Justice in Northern Ireland] ..., to which a petition
shall be presented under this Act; and the word "master" shall mean
any of the masters in ordinary of the Court of Chancery; ....

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 39
Short title of Act, and of fee-farm rents payable thereunder.

39. In citing this Act in other Acts of Parliament, or in legal
instruments or pleadings, it shall be sufficient to use the
expression "The Renewable Leasehold Conversion Act"; and in like
manner, in like cases, in describing any fee-farm rent payable under
the provisions of this Act, it shall be sufficient to use the
expression "fee-farm rent under the Renewable Leasehold Conversion
Act."

RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 40
Extent of Act.

40. This Act shall extend only to lands situate within Ireland.

S.41 rep. by SLR 1875