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Proceedings where the liability of Lands to Rent-charge shall be disputed.
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XVI. ‘And forasmuch as the Rent-charges made payable by this Act an charged upon the Lands heretofore subject to the Payment of Compositions for Tithes, it is expedient to make Provisions for the more cheap and convenient Determination of the Liability to such Compositions;’ be it therefore enacted, That where any Person having any Interest in any Lands whereon any such Composition shall have been applotted shall dispute the Liability of such Lands thereto, by reason of such Land having been Tithe-free, or not rightfully charged with or otherwise not subject to such Tithe Compositions or the Applotment thereof, it shall be lawful for the Court of Chancery of Exchequer in Ireland, upon the Petition of any such Person, in a summary Way to make such Order, allowing or disallowing such Claim of Exemption, or to direct such feigned Issue or Reference to any Master of the Court, of the Chief or Second Remembrancer, or other Proceeding as such Court shall think proper, for the Purpose of ascertaining whether such Lands would have been rightfully charged with Tithe Composition if this Act had not been made, or if such Composition had not been suspended; and if it shall appear to the Court that such Land would not have been rightfully charge with such Composition, it shall be lawful for the said Court so to declare, and to make such Order for the Amendment of the Certificate and Applotment of such Composition, and of the Entry of such Certificate in the Registry of the Diocese, as to such Court may seem fit; and such Lands shall be exonerated from Rent-charge, or such Rent-charges reduced accordingly: Provided that in any such Proceeding the Certificate or Applotment of any such Composition shall not be Evidence of the Liability of such Lands to such Composition or the Applotment thereof.
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