§ THE BISHOP OF LONDON rose to call the attention of the House to the subject of ecclesiastical dilapidations. He said he was extremely unwilling to trouble their Lordships at that hour with any lengthened statement, but the noble Viscount (Viscount Dungannon) having frequently asked what course the right rev. Bench intended to pursue on the subject of dilapidations, he had thought it best, even at that late period of the Session, to ask their Lordships to read for a first time the Bill he was about to lay on the Table. The subject was one of very great importance, and ought no longer to be delayed. Some apology was, no doubt, due to the noble Viscount and to the clergy for the delay which had taken place already with regard to the Bill; but that delay had in a great measure arisen from the extremely complicated nature of the subject with which they had had to deal. How complicated the subject was would be easily understood from the fact that there were no less than 9,000 residences with respect to which this question of dilapidations arose; and the number of these residences was increasing at an average of 125 every year. The last time a survey was taken there were only 6,000 such residences; but during the last twenty-five years they had risen 1361 to 9,000 in number, and there was every prospect that they would increase. Their Lordships were aware that by the common law, and by the canon law, every incumbent was bound to keep his residence in repair; but it was only by Ecclesiastical Courts that this duty could be enforced. But the state of the Ecclesiastical Courts was not such as could be desired, and this part of the law was practically a dead letter—it was almost impossible for any ecclesiastical authorities to enforce the law. The result was that, when persons had small means, there was a strong temptation to put off this duty from year to year; and it continually happened that the death of the incumbent, or his removal to another incumbency, took place before the dilapidations were repaired. The only remedy then was a proceeding at common law by an action for damages against the incumbent, if he were living, or the heir, if he were dead. A reference had to be made, and three surveyors had to be employed, one for each of the parties, and a third as referee. In different parts of the country surveyors proceeded on different principles of valuation; they took different views as to what dilapidations were, and the result was the greatest confusion and uncertainty. Moreover, when all this had been done, it constantly happened that there were no assets wherewith to defray the expense of the repairs. The successor in all cases was under the disagreeable necessity either of proceeding against persons who were often of small means, or of putting up with the loss and repairing the residence at his own expense. The property oven of patrons was much diminished; it was a great hardship upon those who were appointed to benefices, and a still greater injury was done to the parish from the degeneracy in value of these incumbencies, and the lessened inducements held out to clergymen to undertake the cure, when they must make a considerable outlay, and perhaps become hampered with debt. By the present Bill power was lodged in the hands of the Bishop to insist upon the execution of necessary repairs. The machinery which it was thought most expedient to employ was already in existence—namely, the Board of Queen Anne's Bounty. In some instances a charge would have to be made upon the living, for which Queen Anne's Bounty would furnish the funds. A report from surveyors would have to be 1362 made, certifying that the repairs were properly executed. In all cases there must be a power to insist upon repairs being executed. In favour of the Bill it might be said that it was acceptable to a large body of the parochial clergy being based on the recommendations of a Committee of Convocation: but it was extremely desirable that during the recess an opportunity might be given to the Bishops, archdeacons, and rural deans, to have the subject fully discussed. It was further of the highest importance that the clergy themselves should consider what improvements might be made in the measure, in order that they might he introduced into a future Bill. He sincerely hoped that before the end of next Session this great evil might be remedied. The right rev. Prelate then presented a Bill for the Relief of Ecclesiastical Persons in respect of the Maintenance and Repair of Houses of Residence and other Buildings; and moved that it be read 1a.
VISCOUNT DUNGANNONsaid, it would afford the greatest satisfaction to the clergy to know that this Bill had been laid upon the Table of the House, not with a view of progressing further with it this Session, but of giving thorn an opportunity of considering its details, and considering what further or other remedies might be applied to the case. The subject was one which very strongly required legislative interference, and personally he begged to express himself highly indebted to the right rev. Prelate, for the great trouble and pains he had taken in preparing a measure which, if it remedied the evil, would earn for him the gratitude of the clergy.
§ LORD REDESDALEasked out of what fond the expense of the machinery for working the Bill, such as the surveyors and other officers, would be defrayed?
THE BISHOP OF LONDONsaid, that a fund would have to be raised in each diocese, for which it was intended that the archdeacons and rural deans should arrange, by means of an assessment on the value of the several benefices.
THE BISHOP OF CARLISLEthought that certain cases of dilapidations which were omitted ought to be included in the Bill, and that there would be a difficulty in defining what were ecclesiastical dilapidations. He felt that thanks were due to the right rev. Prelate and his right rev. brethren of the province of Canterbury for the pains which they had taken, and he 1363 hoped that in the next Session a satisfactory arrangement would he made.
§ Motion agreed to.
§ Bill read 1a.
§ House adjourned at a Quarter before Nine o'clock, till To-morrow, Eleven o'clock.