|
|
Time and Manner of recovering Charge.
By Distress, Sequestration, or Action.
|
X. That the several Sums made chargeable and payable by virtue of any such Certificate as aforesaid, reduced by such Deductions (if any) as aforesaid, shall be paid by each Successor chargeable therewith respectively, or his Representatives, to the Person entitled to receive the same, in all Cases by Four equal Instalments, the first thereof to become payable at the End or Expiration of One Year from the Death or Removal of the Predecessor entitled to such Charge, and the other Three Instalments at successive Intervals of Six Months therefrom; and the same, and every proportional Part thereof made payable by this Act, may, after the Intervals aforesaid, be recovered by the Ecclesiastical Person entitled to recover the same, or his Representatives, either by Distress on any of the Lands or Tenements of the See, Benefice, or Preferment belonging to the Successor hereby required to pay the same, or by Sequestration of the Profits and Emoluments of the said See, Benefice, or Preferment, after due Provision made for such Person or Persons as shall discharge the actual Cure of Souls in the said See, Benefice, or Preferment, (which Sequestration is to be made and granted by the Person or Persons for the Time being empowered to grant such Certificate of Charge as herein-before mentioned, or in case such See, Benefice, or Preferment is already under Sequestration at the Time that any such Charge or Instalment thereof shall become due, it shall be lawful for the Person so authorized to issue a Sequestration as aforesaid instead thereof to make an Order on the Sequestrator to pay such Instalment or Charge so due or to accrue due, without issuing any further or other Sequestration for that Purpose,) or by Action of Debt or Assumpsit in any of Her Majesty’s Superior Courts of Law in Ireland against such Successor or his Representatives; and in any such Action or Suit it shall be a sufficient Statement of the Cause of Action in the Declaration to declare for the Amount of such Instalment of the said Charge, or such proportional Part thereof, as due by the Defendant to the Plaintiff, according to the Form, as nearly as may be, of the usual common indebitatus Counts in Assumpsit or in Debt.
|
