S. 7. Proceedings upon appeals. s. 13. nonsuit, &c. (s. 7.) that any person aggrieved by any judgment given by 2 justices, may appeal to the next quarter sessions ; and if the justices then present confirm the judgment, they shall give costs against the appellant, to be leviedl by distress and sale of goods; and no proceedings by virtue of this act shall be removed or superseded by cer-: tiorari, or other writ, unless the title of such tithes, &c. be in question. By s. 13. if any person be sued for any thing done in execution of this act, and the plaintiff“ Double costs of shall discontinue, or be nonsuit, or a verdict pass against him, such person shall recover double costs. By s. 14 any person who shall begin any suit for re covery of small tithes, &c. not exceding 40s. in his Majesty's Court of Exchequer, or in any ecclesiasti cal court, shall have no benefit by this aet. [*And by s. 5. this act shall not extend to tithes, &c. within' London, nor to any other city or town corporate where London, &c. the same are settled by act of parliament.] The Geo. 2. ċ. 12. Ir. as amended by the 56 Geo. 3. c. 32. s. 2. Ir. has followed this statute with such deviations as are noted in the margin. s. 14. Proviso. 3. 5. Not to extend to Remedy of suc essor where predecessor lent deed to de s. 2. Eng. Another species of pecuniary causes cognizable in the ecclesiastical courts, is that of suits for dilapidation; makes fraudu in respect to which the 13 Eliz. c. 10. s. 2. Eng. provides, feat him of di- that if any archbishop, bishop, or other having dignity? lapidations. 13 Eliz. c. 10, or office in any cathedral or collegiate church; or if any. parson or other incumbent of any ecclesiastical living, whereunto do belong any house or other buildings, which he is bound to keep in reparation, do make any alienation of his moveable goods to defeat his successor of his just remedy; the successor may have remedy in any court ecclesiastical for the amendment of the said dilapidations, as if he to whom such alienation, shall be made was executor of him that made such- alienation. 14 Eliz. c. 11. And by the 14 Eliz. c. 11. s. 18. Eng. all money to be s. 18. Eng. recovered for dilapidations, shall, within 2 years, be emMoney recover-ployed upon the buildings in respect whereof such tions shall be money shall be paid; on pain that every person so reemployed in re- ceiving and not employing, shall forfeit double as much ed for dilapida pairs. This clause is not in the 1 Ger. 2. c. 12. Ir. to By the 10 W. 3. c. 6. s. 6. Ir. 10 W. 3. c. 6, s. 6. Ir. debt. Money recover in repairs. to the use of the crown. if any archbishop, bishop, or other ecclesiastical person, shall suffer his mansion house, or any of the buildings, Remedy for diout-houses, gardens, orchards, or other improvements, ecclesiastical lapidations in built or made on their demesues, glebes, or mensal lands, court : to be out of repair, then his next successor may sue in the ecclesiastical court against such archbishop, &c. his executors, &c. and have the full benefit of the ecclesiastical laws now in force; or at his election may recover by action of debt against such archbishop, &c. in any court of record at Dublin, such sum as shall be sufficient Or by action of to put such houses and improvements in such repair as they were in at any time during the incumbency of such predecessor; which sum so recovered shall be laid out in the reparation of such houses, &c.; and in default thereof by the space of 6 months after payment, the archbishoprick, &c. shall be sequestered (by the chief ed to be laid out governor in case of an archbishop, and by the archbishop of the province in case of a bishop, and by the bishop of the diocess in all other cases,) until such ecclesiastical person shall expend all sums so recovered, in the reparation of such houses, &c.; and if such archbishop, &c. shall die before the sum paid to him be so laid out, then his next successor may recover from the executors, &c. of the person so dying, double the said sun, by action of debt in any court of record at Dublin; unless such executors, &c. shall voluntarily pay the same to such successor; who is to expend the same in manner aforesaid, and under the like penalties. And if any archbishop, &c. Conveyances to that shall suffer dilapidations or decay in his manse defeat successor house or improvements contrary to this act, shall make any conveyance, bequest, &c. (without full consideration) of his personal estate, or any part thereof, with intent to defraud his successor of the remedy intended by this act.; any such conveyance, &c. shall be void. void. dations in Ire And by the 12 Geo. 1. c. 19. s. 9. Ir. as amended by the Commissionera 7 Geo. 3. c. 9. s. 3. & 4. Ir. upon any complaint made of viewing dilpiappointed for dilapidations to the chief governor, or any archbishop or land. bishop, by the successor of any archbishop, bishop, 12 Geo. t.c.10. or other ecclesiastical person, chargeable with the 9. Ir. payment of any money for buildings or other im-s, 3 & 4. Ia provements, s. 7 Geo. 3. c. provements, (certified according to the 12 Gea. 1. c. 10. or any former act); it shall be lawful for the said chief governor, &c, respectively, to issue a commission to 2 or more persons to view and examine the buildings and improvements, and to administer an oath to the said commissioners, (or to authorize one or more persons to be Their oath and named in such commission to administer such oath) to duty. return a true, just, and faithful account and estimate of the said buildings and improvements, according to the best of their skill and knowledge; and the said commissioners shall have power to examine witnesses upon path upon any article of account given in; and shall return a just report of the same to the chief governor, &c. who upon hearing the allegations of each party shall ascertain such sum as he shall judge reasonable to be allowed for such dilapidations; which sum shall be deducted out of the sum payable by such successor, and shall be by him laid out in repairing such houses, buildings, or improvements; and such successor shall in 12 months produce proper vouchers to the chief governor, &c. that the same has been justly laid out in such repairs. And by this latter statute (s. 5.) in all cases whatsoever where any bishop, or other ecclesiastical person, shall suffer any dilapidations in the buildings or improvements. on their demesne or glebe lands, it shall be lawful for of other ecclesi- the archbishop of the province in the case of a bishop, or for the bishop in the case of any other ecclesiastical person in his diocess, to issue such commissions, with such powers, and to ascertain such sums as shall be reasonable to be expended or allowed for the repair of such dilapidations, in such manner as is prescribed by the 12 Geo. 1. c. 10. supra, and to enforce the payment of such sums, in such manner as by the laws now in being the sums adjudged to be paid or allowed for dilapidations. are recoverable. And by the 40 Geo. 3. c. 82. s. 1. Ir. it shall be lawful for the vicar-general of each diocess, during the absence from this kingdom of the archbishop may issue such or bishop, to issue commissions or complaints of dilapi dations as are directed by the 12 Geo. 1. c. 10. supra. s. 5. Archbishop in the case of a bishop and bishop in the case asticks, may issue commis sions. 40 Geo. 3.c.$2. s. 1. Ir. Vicars general commissions. By &c. to issue mo tions. And enforce the same by sequestration. By the 11 & 12 Geo. 3. c. 17. s. 10. Ir. after such commission has issued, and such steps have been taken c. 17. s. 10. h. to ascertain such sums as shall be reasonable to be ex- Archbishops, pended for the repair of such dilapidations, as by the laws nitions for renow in force are directed; it shall be lawful for the se- pair of dilapida veral archbishops and bishops in their respective diocesses, to issue a monition, under their archiepiscopal or episcopal seal, to the incumbent of any such benefice or ecclesiastical preferment where such dilapidation hath happened, admonishing such incumbent, within a certain time to be specified in said monition, effectually to repair all such defects, and put the said house and other improvements in such staunch and habitable order and condition, as that the same may be fit for the residence of the incumbent and his successors; and in case the incumbent after being duly served with said monition shall not obey the same, then the several archbishops, &c. shall put one moiety of the rents and profits of such benefices, &c. under sequestration, until a sum shall be received sufficient to answer the purposes of said monition; and every such incumbent, or, in case a vacancy shall happen, every successor of such incumbent, shall effectually repair all such defects as were specified in the said monition, and shall receive from time to time from such sequestrator such sums of money as shall be necessary to complete such repairs; and in 12 months shall produce proper vouchers to the archbishop or bishop, that the sum raised in manner aforesaid has been justly laid out in such repairs. By the 15 Geo. 2. c. 5. s. 5. Ir. it shall 15 Geo. 2. c. 5. be lawful for any archbishop, with the consent of the chief governor by writing under hand and seal, and for any Remedy for dilapidations not bishop, with the consent of the archbishop of the pro- affected by vince, signified by writing under his hand and archiepis- change of site of copal seal, to change the site of the mansion house of such archbishoprick or bishoprick, and to make or erect a new mansion-house, out-houses, orchards, gardens, and other necessary improvements, on any other part of his mensal lands, or other lands in his possession belonging The 7 Geo. 3. c. 9. is here erroneously referred to as an act passed in the 8th year of his present majesty. s. 5. Ir. mansion house, to p. 333. s. 6. Proviso. to his see; and such archbishop, &c. who shall procure *Vide vol. 1. such certificate as by the* 12 Geo. 1. c. 10. and 9 Geo. 2. c. 13. is directed, shall receive such sum, at such time, and in such manner, as by said acts he would have been entitled to recover, in case such house, &c. had been built on the old site; and so also his immediate and other successor. Provided (s. 6.) that no archbishop, &c. shall be entitled to have any certificate for building such new house, &c. until he shall execute a release of all demands on account of building or repairing of the house, whereof the site shall be changed pursuant to this act. And by s. 7. no archbishop, &c. or his successors, shall be obliged to keep the former mansion house or out-houses in repair, or be chargeable with dilapidations for not repairing thereof. s. 7. Proviso. No person shall be cited out of the s.1.2.&3. Eng. The provisions of the marriage act, (26 Geo. 2. c. 33. s. 13. Eng.) and of the 12 Geo. 1. c. 3. s. 4. Ir. which respect matrimonial causes have been already stated (ante vol. 1. p. 403-4.) And the statutes which relate to the proving of wills, and granting administrations, which are two branches of the ecclesiastical jurisdiction, have been also stated or referred to in a former part of this work, B. 2. ch. 23. As to the method of proceeding in the ecclesiastical diocess where he courts: it is provided by the 23 Hen. 8. c. 9. s. 1, 2, & 3. dwelleth, except in certain cases. Eng. that no person shall be cited before any judge spi23 llen. 8. c. 9. ritual out of the diocess, or peculiar jurisdiction where the person cited shall be inhabiting; except for any spiritual offence, or cause done or neglected to be done, by. the bishop or other spiritual judge, or by any other person within the jurisdiction whereunto he shall be cited: Or except it be upon matter of appeal, or for other lawful cause, wherein any party shall find himself grieved by the ordinary, &c. of the diocess, after the matter there first commenced; or in case the bishop, &c. will not convent the party to be sued before him; or in case the bishop, &c. be party to the suit; or in case any bishop, &c. make request to the archbishop, or superior ordinary, to take the matter before him, and that only where the law, civil or canon, doth affirm execution of such re quest |