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In default of obedience to Proclamation an Application by Petition to be made to the Court of Chancery or Exchequer, or Assistant Barrister, for an Order against Defaulters for the Sum due.
Court to examine and make Order.
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XLIII. And be it enacted, That upon the Expiration of the Time in the said Proclamation limited, and in default of Payment as aforesaid, it shall and may be lawful for the said Attorney General to apply by Petition, either to the court of Chancery or Exchequer in Ireland, or, in any Case where the Sum sought to be recovered shall not exceed Twenty Pounds, then, at the Option of the said Attorney General, to the Court of the Assistant Barrister of the County or Riding where the Person in default shall reside, or if he shall reside in the County of Dublin, to the Court of the Chairman of the Sessions of the Peace for the said County, praying the Order of such Court, Assistant Barrister, or Chairman against any Person in default, who shall be named and distinguished in any such Schedule as aforesaid, as having such Estate or Interest as herein-before described in the Lands charged with any Composition due and in arrear; and the said Courts shall summarily examine into the Matter of every such Petition, and for that Purpose call before them and examine viv[html] voce any Person upon Oath, or ascertain the Truth by Interrogatories in Writing or by Affidavit, and thereupon make such Order or Orders as to such Court shall seem just; and the Costs shall be in the Discretion of the Court as if the Proceeding was between Subject and Subject; and in Case any Person against whom any such Order shall be so prayed shall not, by himself or some Attorney or Counsel, attend at the Time appointed for proceeding upon such Petition, and show that he had not when such Composition accrued due such an Estate or Interest as herein-before described in the Lands chargeable with such Composition, the Liability of such Person shall be taken pro confesso, and an Order shall be forthwith made as against every such Person for such Amount of Composition as shall be proved to be so due and in arrear in respect of the said Lands; and the Sum expressed in any such Order, and the Costs, shall be taken to be a Debt due to Her Majesty, and recovered accordingly; provided that the like Costs shall be payable on any such Application to any Assistant Barrister or Chairman as on any Proceeding by Civil Bill.
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