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Upon Proof that Notice of Appeal against Rates rendered illegal by 7 G.4. c.72. has been given, Justices may proceed to hear the same without Recognizances having been entered into.
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XLII. ‘And whereas it was by the said recited Act provided, that certain Parts of an Act made in the Parliament of the United Kingdom in the Seventh Year of His late Majesty King George the Fourth, intituled An Act to consolidate and amend the Laws which regulate the Levy and Application of Church Rates and Parish Cesses, and the Election of Churchwardens, and the Maintenance of Parish Clerks, in Ireland, should be and the same were thereby repealed, but Doubts and Difficulties have arisen as to the Mode of obtaining Relief against such Rates and Assessments as have been rendered illegal by such Repeal, by reason of the Recognizances, Notices, and other Formalities made necessary by the said Act of the Seventh Year of His late Majesty King George the Fourth in order to constitute an effectual Appeal against any Assessment or Applotment under the said last-mentioned Act, and it is expedient to obviate all such Doubts and Difficulties, and to facilitate the Trial of every such Appeal upon the Merits:’ be it therefore enacted, That it shall not be necessary for any Person who shall appeal to the Justices of the Peace at the General or Quarter Sessions of the Peace to enter into any Recognizance whatsoever, either by himself or with any Security or Securities, but that the Justices before whom such Appeal shall come on to be tried shall, upon Proof that a Notice in Writing of such Appeal was given to the Incumbent or Curate, or to both, or One of the Churchwardens and Three Householders of the Parish, Chapelry, or Union, Six clear Days at the least before such General or Quarter Sessions, proceed to hear and determine such Appeal upon the Merits, and to award Costs not exceeding Five Pounds against either Party as to them shall appear just.
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