|
|
Where Validity of Rate is disputed in any Ecclesiastical Court, on Notice thereof as herein mentioned to Justices, or on Plea in Writing, verified on Oath, that the Party is not liable, Justices shall forbear to give Judgment on Complaint for Nonpayment of the Rate.
|
II. And be it further enacted, That if the Validity of any such Church Rate or Cess as aforesaid be disputed in any Ecclesiastical Court, before any such Complaint as aforesaid, for the Recovery of such Rate or Cess, shall have been made to any Justice or Justices, and such Justice or Justices shall have received Notice in Writing of the Proceedings in such Ecclesiastical Court, together with a true Copy of such Proceedings, or of any Sentence in such Ecclesiastical Court, before such Justice or Justices shall have made and published any Order for Payment of what shall appear to be due and payable in respect of such Rate or Cess, and which Order it shall not be lawful for any such Justice or Justices to make and publish until after the End and Expiration of Eight Days next after Notice of such Complaint given to the Person or Persons complained against, unless with the Consent of such Person or Persons, or if at any Time before such Order shall be made, it shall be insisted on and signified in Writing, signed by or on behalf of the Person or Persons complained against, that such Person or Persons at the Time or Times of applotting such Rate or Cess, was not or were not Owner or Owners, or Occupier or Occupiers of the House or Houses, or Lands or Tenements, in respect whereof such Person or Persons is or are or shall be sought to be charged with such Rate or Cess, or that such House or Houses, Lands or Tenements, is not or are not situate within the Parish or Union, or alleged Parish or Union, to which such Complaint shall relate, and the Truth of any such written Plea or Defence shall be verified by Affidavit made and sworn before any Justice of the Peace, and delivered to the Justice or Justices before whom such Complaint shall have been or shall be made, together with such Matter, Plea or Defence, then and in every such Case such Justice or Justices shall forbear to give Judgment on any such Complaint: Provided always that nothing herein, or in the said recited Act contained, shall extend or be construed to extend to alter or interfere with the Jurisdiction of Ecclesiastical Courts, touching any Church Rate or Parish Cess, or any Proceedings to enforce the same.
|
