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Power to issue Commission for inquiring into Dilapidations.
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XXVII. That in case the Mansion House, Buildings, Offices, Gardens, Orchards, Fences, or other Improvements belonging to any See, Benefice, or Preferment shall have been suffered to fall into Decay for Want of proper annual and necessary Repairs, whether before or after the passing of this Act, and whether by the Neglect of the Ecclesiastical Person for the Time being holding such See, Benefice, or Preferment, or any of his Predecessors, it shall be lawful for the Person or Persons hereby empowered to entertain Memorials for building, upon Complaint of such Dilapidations by the Successor of any Ecclesiastical Person having died or otherwise avoided such See, Benefice, or Preferment, or, in default of such Complaint made within Three Calendar Months after the Nomination, Induction, Installation, or Enthronement of such Successor, on the Application of the Ecclesiastical Person so vacating as aforesaid, or his Representatives, or, in the Case of Dilapidations suffered by any Ecclesiastical Person then holding such See, Benefice, or Preferment, upon the Report in Writing of the Rural Dean, or good and sufficient Reasons appearing to such Person or Persons empowered as aforesaid, to issue a Commission to Three or more Persons, One of whom shall be a competent Architect, to be sworn to view and examine the said House of Residence, Buildings, or Improvements, and the said Demesne, Mensal, or Glebe Lands, and well and truly to report on the Matters referred to them by such Commission, in like Manner and with such Powers and Authorities as in the Case of Commissioners of Valuation of new Buildings herein-before mentioned; and the said Commissioners shall have full Power and lawful Authority to enter upon and examine the said Buildings or Improvements and the said Lands, and, with the Assistance of a Builder or Tradesman to be nominated by the Person or Persons issuing the said Commission, and of One other Builder or Tradesman to be nominated by the Ecclesiastical Person sought to be charged, or his Representatives, if he or they shall so think fit, who shall have full Power to enter and make a Survey and Examination of the said House or Offices, at or previous to said Inquiry, to inquire and report the Nature and Extent of such Dilapidations or Waste, and the Sum of Money which they shall judge to be necessary for the effectual repairing of all such Defects as shall so have happened by means of such Dilapidations as aforesaid, and to restore the same to such staunch and habitable Order and Condition as that the same may be fit and proper for the Residence of the said Ecclesiastical Person and his Successors, and the Nature of such Repairs, and the Manner in which same should be executed, and whether immediately or at some future Time, and the probable Cost and Expense of effecting the said Repairs or Improvements, and the Amount which the Ecclesiastical Person holding or vacating such See, Benefice, or Preferment should contribute to any such prospective Repairs or Improvements: Provided always, that in case of Dilapidations arising from the Want of any permanent and substantial Repairs and Improvements, and occasioned by inevitable Accident, and without wilful Default, and which might be effected by way of Memorial and Charge, or by Money raised on Mortgage repayable in manner aforesaid, it shall be lawful for the said Commissioners and they are hereby required to make a special Report in respect thereof, with a view to the Exemption of same from any such Estimate of Dilapidation chargeable against any such Ecclesiastical Person, and the Execution of the said Repairs, by Money raised by way of Charge or Mortgage, and in such Case to inquire and report whether or not due and reasonable Diligence has been exercised in effecting of the said Repairs in a timely and seasonable Manner, by Memorial or otherwise, and also, in Cases of Dilapidations committed or suffered previous to the Incumbency of the Ecclesiastical Person sought to be charged, to inquire and report whether such Ecclesiastical Person used all reasonable Diligence to obtain and enforce a Certificate of Charge in respect thereof against his Predecessor or his Representatives, and failed to do so from good and sufficient Causes; and upon the Return of such Commission, and Report made thereunder, it shall be lawful for the Person or Persons empowered to entertain Memorials in that Behalf to hear and determine all Objections that may be had or taken in Writing within the Space of Three Months after the Date thereof to the Matter of the said Report or any Part thereof, and to confirm, alter, or amend the same, if he or they shall so think fit, and to moderate and reduce such Charges in respect of Dilapidations, and to determine what Portion of such Repairs shall be done and executed at the Charge and Expense of such Ecclesiastical Person or his personal Representative, and what Part thereof shall be done and executed by Money raised by way of Charge or by Money raised on Mortgage in manner aforesaid, and to fix a Time for the Execution of the Repairs of such Dilapidations respectively, and to declare by whom and when the Costs of said Commission shall be paid; and thereupon the said Repairs and Improvements so directed to be done and executed by way of Memorial and Charge, or by Money raised on Mortgage, shall be done and executed accordingly in manner aforesaid, and said Costs shall be paid as declared; and the Ecclesiastical Person holding such See, Benefice, or Preferment on which such Dilapidations shall have been incurred or suffered shall, within the Time specified by such Persons as aforesaid, effectually repair all such Dilapidations and Defects as have so happened, and execute all such Repairs and Work upon the said Residence as by the said Ordinary shall be declared to be chargeable against him, and pay such Costs as may be adjudged against him; and in default thereof it shall be lawful for the Person or Persons so empowered as aforesaid (having previously admonished such Ecclesiastical Person in that Behalf) to sequester the Profits and Emoluments of such See, Benefice, or Preferment, or a competent Portion thereof, after due Provision made for the Person or Persons who shall discharge the actual Cure of Souls in said See, Benefice, or Preferment, until a Sum shall be received sufficient to answer the Purposes of the said Repairs, and the Costs of the said Commission and Monition; and the Money so to be raised, after defraying such Expenses, shall be applied and expended, under the Management of a Person nominated by such Person so authorized as aforesaid, on the Repairs mentioned in the said Report, and approved of as aforesaid, in like Manner as is herein-before provided in the Case of building of Ecclesiastical Residences upon default of an Ecclesiastical Person required to build as aforesaid; and upon the Report of such Commissioners that the said Dilapidations have been thoroughly repaired, and upon such Report being confirmed and approved by a Certificate under the Hand and Seal of the Person so authorized as aforesaid, and which Report and Certificate shall be thereupon entered at large in the Registry of the Diocese, such Ecclesiastical Person and his Representatives shall be thenceforth for ever discharged from all further Claim or Demand in respect of Dilapidations incurred at or previous to the Date of such Report to the Period to be therein stated by the said Commissioners when said Dilapidation has been thoroughly repaired.
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