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Successor proving insolvent, Charge recoverable from next Successor.
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XII. That in case any such Ecclesiastical Person or his Representatives as aforesaid entitled to any such original or reduced Charge shall, by reason of the Insolvency of any such Successor, or of his Estate, after having, to the Satisfaction of the Person or Persons empowered to entertain Memorials in that Behalf, with all due Expedition proceeded to enforce Payment of said Charge, or Instalments or proportional Part thereof, have failed to recover the Amount of the said Charge, or such Instalment or proportional Part thereof, as against such Successor or his Representative, it shall be lawful for the said Ecclesiastical Person or his Representatives, by and with the Consent of such Person or Persons empowered as aforesaid first had under his or their Hand and official Seal, such Consent not being given until after due Notice to the Person to be made liable in respect thereof, who if he shall so desire it, shall be heard in opposition thereto, to demand and recover the Amount of the said Charge, Instalment, or proportional Part thereof, or the Residue thereof then remaining due and unpaid, from the next Successor of such insolvent Successor, who shall, to the Extent of such Charge so remaining due, be deemed and taken to be the next Successor of the Ecclesiastical Person entitled to the said Charge; and it shall be lawful for such last-mentioned Successor to deduct and retain from such Ecclesiastical Person so in default, or his Representatives, any Proportion of the Profits and Emoluments of the said See, Benefice, or Preferment to which the said Ecclesiastical Person might have been entitled, to the Extent of the said annual Reduction of Two Pounds Ten Shillings per Annum on each One hundred Pounds of the said original Charge which the Estate of the said insolvent Successor should have borne if the said Charge or Instalment had been duly paid.
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