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Ecclesiastical Commissioners may recover Dilapidations from Bishops in the First Column of Schedule (B.) annexed to the 3d & 4th W.4. c.37. or from their Representatives, in like Manner as a Successor.
Commissioners to have such Means for ascertaining and recovering Amount of Dilapidations as Successor would have had.
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XII. ‘And whereas it is by the said recited Act provided, that the said Ecclesiastical Commissioners shall within a certain Period pay to the Executors or Administrators of Doctor Richard Bourke, late Bishop of Waterford, all and every such Sum of Money as, pursuant to any Statute or Law in force in Ireland, could or might have been recovered by such Executors or Administrators against the Successor of the said late Bishop in case such Act had not been made; and it is also by the said Act further provided, that the said Commissioners shall at certain Periods, from and after the respective Vacancies of the other Bishopricks (save and except the Bishopricks of Ossory and of Cork and Ross) named in the First Column of the Schedule (B.) to the said Act annexed, or the Annexation thereof to any Bishoprick in the Second Column of the said Schedule named, pay to the Person or his Representatives, as the Case may be, by whose Promotion or Death such Vacancy shall have been occasioned, or who shall become the Bishop of any such united Bishopricks, all such Sums of Money as would have been payable by or recoverable against any Successor in such Bishopricks in such First Column named in case the said Act had not been made; but no Provision is made by the said Act enabling the said Ecclesiastical Commissioners to recover for Dilapidations suffered or committed by the said Doctor Richard Bourke, or other Bishops as aforesaid;’ be it therefore enacted, That the said Ecclesiastical Commissioners shall and may recover from the Representatives of the said Doctor Richard Bourke, and from the Bishop of each and every Bishoprick in the First Column of the said Schedule named (save and except the Bishopricks of Ossory and of Cork and Ross aforesaid) being or becoming void or united to any other Bishoprick under the Provisions of the said Act, or from the Representatives of such Bishop, all and every such Sums or Sum of Money as the Successor or Successors of such Bishop of Waterford, or other Bishop (if such had been appointed), might or could have recovered under any Law or Statute in force in Ireland from the Representatives of the said Doctor Richard Bourke, or from such other Bishop or his Representatives, for or on account of Dilapidations, in case the said recited Act had not been passed; and that the said Ecclesiastical Commissioners shall have, for ascertaining the Extent of such Dilapidations, and for the Recovery of such Money as may be due on account thereof, all such Remedies as the Successor or Successors of any such Bishop could or might have used if the said recited Act had not been passed; and it shall be lawful for the said Ecclesiastical Commissioners to deduct from and out of any Money which they are or may be liable under the Provisions of the said recited Act to pay to the Representatives of the said Doctor Richard Bourke, or any other such Bishop, his Executors or Administrators, such Sums as are or shall be respectively payable by or recoverable from the Representatives of the said Doctor Richard Bourke, or such other Bishop, his Executors or Administrators, for or on account of such Dilapidations, in like Manner as the Successor or Successors of the said Doctor Richard Bourke, or any other such Bishop, might have deducted the same under any Law or Statute in force in Ireland if the said recited Act had not been passed.
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