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As to Expenditure of Money recovered in respect of Dilapidations, &c.
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XXIX. That the Amount so recovered or deducted in respect of any Dilapidations or Waste by any such Successor shall be by him laid out and expended in the Repair of such House, Buildings, or Improvements, or the Restoration and Improvement of the said Demesne, Mensal, or Glebe Lands, in conformity with the Report of the said Commissioners; and such Successor, or his Representative, shall, within the Space of Twelve Calendar Months after the Date of such Certificate of Allowance of Dilapidation, produce to the Person or Persons empowered to grant the same proper Vouchers or other Evidence to his or their Satisfaction to show that the said Sum has been justly and properly expended thereon, or shall establish to his or their Satisfaction that all reasonable Diligence has been exercised to enforce the Recovery thereof; and in default thereof it shall be lawful for the Person or Persons empowered to grant such Certificate to sequester the entire of the Rents, Issues, and Profits of the Benefice or Preferment of the said Ecclesiastical Person until, after the Payment of all necessary Charges and Outgoings, including a Provision for such as shall have Cure of Souls in the said Benefice or Preferment, a Sum shall be received sufficient to effect such Repairs, and to restore and improve the said Lands; and the Money so to be raised shall be applied and expended, under the Management of a Person or Persons to be nominated by the Person or Persons issuing such Sequestration, or empowered thereto, upon the Repairs and Improvements mentioned in the said Report, and approved of by the said Person or Persons, in like Manner as is herein-before mentioned in the Case of Buildings of Ecclesiastical Residences upon default of an Ecclesiastical Person required so to do, or shall be applied in part Payment under any Estimates in respect of the said Repairs given to the Ordinary in manner aforesaid, or in part Payment of the Principal Money of any Mortgage of the Issues and Profits of the said Benefice granted in manner aforesaid; and in case it shall happen that the Ecclesiastical Person recovering or being allowed said Sum in respect of Dilapidations suffered by his Predecessor shall die before the same shall have been expended on such Repairs or Improvements, in such Case the immediate Successor of the said Ecclesiastical Person shall in like Manner have, receive, and recover from the Representative of such Ecclesiastical Person the Amount so recovered or allowed, but not expended on said Repairs or Improvements, by Action of Debt in any of Her Majesty’s Superior Courts of Record in Ireland, or deduct the same from any Sum payable to him on account of any Charge as aforesaid, and shall expend and lay out the same in manner aforesaid, and subject to the like Penalties and Forfeitures as aforesaid: Provided always, that in case it shall appear that all due and reasonable Diligence has been exercised to enforce the Payment of the Amount of such Certificate without Effect, and that the Estate of the Predecessor chargeable as aforesaid is insolvent, it shall be lawful for the Person or Persons empowered to grant Certificates as aforesaid, by a Memorandum in Writing endorsed on or annexed to said Report, to permit and approve of such Repairs being done by Memorial and Charge, or by Money raised on Mortgage, such Memorandum setting forth the Grounds of such Allowance.
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