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Upon Confirmation of Report as to Dilapidations a Certificate of Allowance to be granted in respect to the same.
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XXVIII. That upon the Confirmation of any such Report in respect of Dilapidations suffered by any Predecessor, the Person or Persons confirming the same shall grant a Certificate of the Amount, ascertained in manner aforesaid as chargeable against such Predecessor or his Representatives; and it shall be lawful for the Ecclesiastical Person obtaining such Certificate to deduct the Amount thereof from any Building Charge to which the said Predecessor or his Representatives may be entitled and, at his Election, to be notified by any Writing under his Hand and Seal to be registered in the Registry of the Diocese, to make such Deduction immediately after his Induction or Installation or Enthronement, and before he shall have become a Successor chargeable as aforesaid with the entire Amount of said Charge, and such Money shall thereupon be expended and laid out in the effecting of the necessary Repairs, and such Charge shall thereupon, as against such Successor expending the same, be subject to Set-off to the Extent of such Deduction accordingly; and in case there shall be no such Charge existing, or in case the Amount of such existing Charge shall be less than the Sum allowed in respect of such Dilapidations, it shall be lawful for the said Ecclesiastical Person or his Representative to institute his Suit in the Ecclesiastical Court of the Diocese in which such Predecessor shall then be an Incumbent against such Predecessor, or, in case of an Archbishop or Bishop, to apply to the Person or Persons authorized to entertain Memorials in that Behalf for a Sequestration of any See, Benefice, or Preferment of which the said Ecclesiastical Person may then happen to be in possession, and which Sequestration of One Half of the annual Profits of such See, Benefice, or Preferment, or such other lesser Proportion thereof as shall be sufficient for the Purpose, said Person or Persons empowered as aforesaid shall, on the Production of such Report and Certificate of Allowance in respect of Dilapidations, and at the Expiration of One Year after such Ecclesiastical Person shall have been so in possession of the said See, Benefice, or Preferment, be at liberty to issue, and to direct the Sums so levied to be paid over to the said Ecclesiastical Person or his personal Representatives, in satisfaction of such Claim for Dilapidations, together with the Costs of such Proceeding, or in case of a prior Sequestration of the said Profits being in force, it shall be lawful for such Person as aforesaid to order the Sequestrator to pay such Ecclesiastical Person, or his Representatives, such Proportion of the said Profits as aforesaid; and it shall be also competent to any such Ecclesiastical Person, or his personal Representatives, having obtained such Certificate of Allowance in respect of Dilapidations against any such Predecessor or his personal Representatives, at his or their Election, to recover the Amount thereof by Action of Debt or on the Case in any of Her Majesty’s Superior Courts of Record in Ireland; and in every such Action or Proceeding such Report of the said Commissioners, confirmed or altered as aforesaid, and such Certificate of Allowance made thereupon, or examined and certified Copies thereof, shall be received as Evidence of the Existence, Nature, and Amount of such Dilapidations for or against either of such Ecclesiastical Persons or their Representatives.
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