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DILAPIDATION (Lat. for " scattering t...

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Originally appearing in Volume V08, Page 271 of the 1911 Encyclopedia Britannica.
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See also:

DILAPIDATION (See also:Lat. for " scattering the stones," lapides, of a See also:building) , a See also:term meaning in See also:general a falling into decay, but more particularly used in the plural in See also:English See also:law for (1) the See also:waste committed by the See also:incumbent of an ecclesiastical living; (2) the disrepair for which a See also:tenant is usually liable when he has agreed to give up his premises in See also:good repair (see See also:EASEMENT; See also:FLAT; LANDLORD AND TENANT). By the general law a tenant for See also:life has no See also:power to cut down See also:timber, destroy buildings, &c, (voluntary waste), or to let buildings fall into disrepair (per-missive waste). In the See also:eye of the law an incumbent of a living is a tenant for life of his See also:benefice, and any waste, voluntary or per-missive, on his See also:part must be made good by his administrators to his successor in See also:office. The principles on which such dilapidations are to be ascertained, and the application of the See also:money payable in respect thereof, depend partly on old ecclesiastical law and partly on acts of See also:parliament. Questions as to ecclesiastical dilapidations usually arise in respect of the See also:residence See also:house and other buildings belonging to the living. Inclosures, hedges, ditches and the like are included in things " of which the beneficed See also:person hath the See also:burden and See also:charge of reparation." In a leading See also:case (See also:Ross v. Adcock, 1868, L.R. 3 C.P. 657) it was said that the See also:court was acquainted with no precedent or decision extending the liability of the executors of a deceased incumbent to any See also:species of waste beyond dilapidation of the house, See also:chancel or other buildings or fences of the benefice. And it has been held that the See also:mere mismanagement or miscultivation of the ecclesiastical lands will not give rise to an See also:action for dilapidations. To See also:place the law See also:relating to dilapidations on a more satisfactory footing, the Ecclesiastical Dilapidations See also:Act 1871 was passed. The buildings to which the act applies are defined to be such houses of residence, chancels, walls, fences and other buildings and things as the incumbent of the benefice is by law and See also:custom See also:bound to maintain in repair.

In each See also:

diocese a surveyor is appointed by the archdeacons and rural deans subject to the approval of the See also:bishop; and such surveyor shall by the direction of the bishop examine the buildings on the following occasions—viz. (1) when the benefice is sequestrated; (2) when it is vacant; (3) at the See also:request of the incumbent or on complaint by the See also:archdeacon, rural See also:dean or See also:patron. The surveyor specifies the See also:works required, and gives an estimate of their probable cost. In the case of a vacant benefice, the new incumbent and the old incumbent or his representatives may See also:lodge objections to the surveyor's See also:report on any grounds of fact or law, and the bishop, after See also:consideration, may make an See also:order for the See also:repairs and their cost, for which the See also:late incumbent or his representatives are liable. The sum so stated becomes a See also:debt due from the late incumbent or his representatives to the new incumbent, who shall pay over the money when recovered to the See also:governors of See also:Queen See also:Anne's See also:Bounty. The governors pay for the works on See also:execution on See also:receipt of a certificate from the surveyor; and the surveyor, when the works have been completed to his See also:satisfaction, gives a certificate to that effect, the effect of which, so far as regards the incumbent, is to protect him from liability for dilapidations for the next five years. Unnecessary buildings belonging to a residence house may, by the authority of the bishop and with the consent of the patron, be removed. An amending See also:statute of 1872 (Ecclesiastical Dilapidations Act (1871) See also:Amendment) relates chiefly to advances by the governors of Queen Anne's Bounty for the purposes of the act.

End of Article: DILAPIDATION (Lat. for " scattering the stones," lapides, of a building)

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