The Legal Position of the ClergySmith, Philip Vernon
Religion
The Legal Position of the Clergy
Smith, Philip Vernon
Canon law; Clergy -- Legal status, laws, etc. -- Great Britain; Ecclesiastical law -- Great Britain
13. When the surveyor certifies from time to time, until the whole of
the repairs have been executed, that a certain sum ought to be paid in
respect of the required works, such sum is payable out of the money
standing to the dilapidation account, and when all this money is
exhausted, must be paid by the incumbent himself. It is his duty to
cause the repairs to be executed, unless with the consent of the bishop
and patron he decides to rebuild or to alter or remodel any structure.
In that case, if the repairs are superseded or rendered unnecessary, the
money standing to the dilapidation account may be applied towards the
cost of the new work.
14. It is the duty of an incumbent to keep the parsonage house and other
buildings of the benefice (including the chancel of the church in the
case of a rector liable for its repairs) insured against loss or damage
by fire to the satisfaction of the Governors of Queen Anne's Bounty, in
the joint names of the incumbent and themselves, in at least
three-fifths of the value of the buildings; and the receipt for the
current year's premium in respect of the insurance must be exhibited at
the next visitation of the bishop or archdeacon. The money received in
respect of any destruction or damage of a building which the insurance
office does not cause to be reinstated at its own expense, is to be paid
to Queen Anne's Bounty, and dealt with in the same manner as money
standing to a dilapidation account. If the building cannot be reinstated
for the amount for which it was insured, the diocesan surveyor is to
certify the additional sum required for the purpose, with the same
liberty to the incumbent or sequestrator to object and the same final
order of the bishop as in the case of a report as to dilapidations. The
prescribed sum is to be paid to Queen Anne's Bounty, if the benefice is
not sequestrated, by the incumbent (with power to the bishop, in default
of payment, to raise the amount by sequestration of the benefice), or,
if the benefice is under sequestration, by the sequestrator, in the same
way as dilapidation money is payable by the incumbent or the
sequestrator, as the case may be; and the money so paid to Queen Anne's
Bounty will be paid out on certificates of the surveyor during the
progress of the works, as in the case of dilapidation repairs.[360]
15. The provisions of the Act do not apply to buildings let on lease
where the lessee is liable to insure, rebuild, and repair; but the
diocesan surveyor has power to inspect any such buildings.[361]
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