51When persons to renew are out of the jurisdiction

### 51 When persons to renew are out of the jurisdiction > *\[Section 51 Inserted by 26 Geo. V No. 97, s. 3 \]* > > > (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, be compelled to execute any lease by way of renewal, shall not be within the jurisdiction or not amenable to the process of the Court, the Court, by an order to be made upon the petition of any of the persons entitled to such renewal (whether such person be or be not under any disability), may direct such person as the Court shall think proper to appoint for that purpose to accept a surrender of the subsisting lease, and make and execute a new lease in the name of the person who ought to have renewed the same. > > > (2)  Such deed, executed by the person appointed as aforesaid, shall be as valid as if the person in whose name the same is made had executed the same, and had been alive and not under any disability. > > > (3)  In every such case it shall be in the discretion of the Court, if under the circumstances it shall seem requisite, to direct proceedings to be instituted to establish the right of the party seeking the renewal, and not to make the order for such new lease, except by the order to be made in such proceedings, or until after such order shall have been made.