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diocese to au.
of Charity petition under their common seal, (the affixing of which
seal was attested by two credible witnesses), and thereby,
after stating amongst other things the objects of the said thorize the exchange ; charity, the manner in which the said pieces or parcels of
land, messuages, buildings, and hereditaments, to be given in exchange by the said Governors, became vested in them, and that the said Governors were desirous to avail themselves of the said act of Parliament, in order to effect the exchange intended to be effected by these presents; and after stating the reasons for which it was proposed and deemed fit and proper that such exchange should be made, and the benefit to be derived therefrom to the objects of the said charity, prayed that his Lordship would be pleased to authorize such exchange, and that, in order to enable his Lordship to judge of the propriety and expediency of such exchange, his Lordship would be pleased to issue a commission under his episcopal seal, in manner directed by the said act of Parliament, to inquire whether such proposed exchange would be beneficial to the objects of the trust to which the said charity lands, tenements, and hereditaments so proposed to be exchanged were subject, and for what reason or reasons such exchange would be beneficial to the objects of the trust, to which the said charity lands, tenements, and hereditaments, so proposed to be exchanged,
were subject, and for what reason or reasons such exchange - of the veri- would be beneficial to the said charity (d): AND WHEREAS fication of the
the said statement in the said petition made, was verified petition ;
upon oath by the affidavit of — , duly made and sworn on the day of — , before one of her Majesty's justices of the peace for the said town of — , which affidavit
was annexed to the said petition, and is now lodged in the -of the requi. Registry of the said Diocese of — , and three months' site notices having been
previous notice was given before the issuing of such comgiven; mission, of the intention to propose such exchange, by
inserting the particulars, extent, and situation, and the tenure of the pieces or parcels of land and other hereditaments respectively proposed to be given and taken in ex
(d) See the form of the notice, infra, Precedent XXII., p. 292, and the notes thereto.
change, for three successive weeks, that is to say, on [day 0F CHARITY of the week], the day of — last, [day of the week], the — day of — last, and [day of the week], the — day of — last, in the newspaper called — , being a newspaper generally circulating in the said town of and county of — ; and also by affixing duplicates of the said notice in writing on conspicuous parts of the principal doors, respectively, of the parish church of — , in the town of — aforesaid, and of — chapel, in the said parish of — , on three successive Sundays, (that is to say, the - , and -- days of last), whereon divine service was performed, and shortly before the commencement of such service on each of the said Sundays in the same church and chapel (e): AND WHEREAS the said — , -of the bishop Lord Bishop of —
having issued , being satisfied that reasonable ground a commission had been laid before him to warrant his issuing a commis- of inquiry ; sion, did issue a commission under the episcopal seal of the see of — , bearing date the day of — , directed to the Rev. A. B., of - , a beneficed clergyman, being rector of — , in the county of — the Rev. C. D., of “ , a beneficed clergyman, being rector of — , in the county of — , E. F., of — , a barrister at law, of at least five years' standing, and G. H., of , authorizing and requiring the said commissioners, or such and so many of them as are by the said act of Parliament required, to inquire into the said proposed exchange, in manner and for the purposes mentioned in the same act (f): AND –of the return
r T to the commis. WHEREAS the said A. B., — C. D., — , and E. F.,
- having proceeded to execute the said commission, according to the directions and provisions of the said act, did, by an indenture under their hands and seals, purport
(e) See the form of the notice, infra, Precedent XXII., and the note thereto.
(f) This commission is directed to issue if the bishop be satisfied As to the iswith the application and the verification of it, and with the result of suing of the such previous inquiries as he may think fit to make; (see the act,
commission. sect. 2); and as to the issuing of a new commission if the bishop be dissatisfied with the return of the first, see sect. 3; see, too, infra, Precedent XXIII., p. 293, and the notes thereto.
OP CHARITY ing to be a return to the said commission, and bearing
date the day of — certify to the said — Lord Bishop of the several matters made to appear to them, together with the surveys and other evidence laid before them, closed up under their hands and seals, and now deposited with the registrar of the said diocese of
~ , and amongst other things did thereby certify, that they the said A. B., C. D., and E. F., having met together on the — day of — , did, before proceeding to execute the said commission, severally administer to each other, and personally take, the oath in and by the said act in that behalf prescribed, and did proceed to execute the said commission, and did then view and examine, and make inquiries as to the pieces or parcels of land, messuages, buildings, and hereditaments described in the said commission as to be given and taken in exchange respectively, (being the pieces or parcels of land, messuages, buildings, and hereditaments hereinafter described, and intended to be hereby conveyed in exchange), and did consider all the allegations and causes mentioned in the declaration or statement annexed to the said commission, (being a copy of the declaration or statement annexed to the said petition), and did examine upon oath such persons as they had thought proper to be brought before them, for the purposes of the said commission, and did also require to be laid before them the abstract of title therewith certified, (being the abstract of the title of the said A. B., to the piece or parcel of land and hereditaments intended to be hereby by him given in exchange), and also the title-deeds belonging to the said A. B., and referred to in the said abstract of title, and did cause to be verified on oath the survey, map, or plan therewith certified, of the pieces or parcels of land and hereditaments proposed to be given and taken in exchange respectively, and did cause the said pieces or parcels of land and hereditaments respectively to be valued, but that there were no rights of common or other special rights belonging thereto, and that the proposed exchange would be permanently beneficial to the said charity, for the reasons in the said certificate fully set out, and that the said exchange was proposed for the con
ion to as
venience of the said charity, and not for the convenience OF CHARITY of the said A. B., or any other person or persons, body politic or corporate, and that the terms which were proposed were the best which could be obtained for the benefit of the said charity, and also that they had inquired into the title of the hereditaments proposed to be given in exchange for the benefit of the said charity, and that the same was a perfect and sufficient title, as is in the said certificate more fully set forth (9): AND WHEREAS the —of the bisaid — Lord Bishop of —
The shop's deter
, being satisfied, upon the mir return of the said commission, that the said proposed ex- sent to the ex. change is proper and beneficial for the said charity, hath determined to signify his consent thereto in the manner prescribed by the said act of Parliament, and hereinafter mentioned: And Whereas it is intended, that these pre- —of the inten
tion that the sents, when duly executed by the parties hereto, and at- subs tested, shall be enrolled in the High Court of Chancery malities, pre
scribed by the within six months after the date hereof, and shall be ac- act, shall be knowledged by the said A. B. for the purpose of enrol- complied with ; ment, and that two parts of these presents shall be prepared and executed, and a memorandum of the enrolment indorsed on each part, and that both parts, after the same shall have been enrolled as aforesaid, shall be produced to the said — Lord Bishop of — , and a transcript of these presents, and of the memorandum of enrolment, shall be entered in the registry of the said diocese, and that the said ,Lord Bishop of — , shall thereupon, by writing under his hand, indorsed on each part of these presents, authorize the delivery of possession, according to the terms of these presents, of the hereditaments intended to be hereby conveyed in exchange, and that the delivery of possession to the said Governors of the piece or parcel of land and hereditaments so intended to be hereby conveyed to them in exchange, and the execution of both parts of these presents by the several parties hereto, and the signing of such authority for taking possession, shall be attested by two credible witnesses, and that memorandums of such attestations shall be indorsed on both parts of these pre
(9) See infra, Precedent XXIII., p. 293, and the notes thereto.
sents, and that the attestation of the execution of these presents by the said Governors shall express that both parts of these presents were signed by the said — Lord Bishop of — , before the execution thereof by the said Governors, and that a transcript of the authority for delivery of possession, and of such several attestations as aforesaid, shall be entered in the registry of the said diocese, and that one part of these presents shall remain with the said Governors for the benefit of the said charity, and the other part shall be delivered to the said A. B., pursuant to the directions in that behalf in the said act of Parliament expressed and contained (h): NOW THIS INDENTURE WITNESSETH, that, for effectuating the said exchange, and in consideration of the bargain and sale, and conveyance in exchange hereinafter contained, by and on the part of the said A. B., and C. D., and also in consideration of the sum of five shillings to the said Governors paid by the said A. B., at or immediately before the sealing and delivery of these presents, (the receipt whereof is hereby acknowledged), they the said Governors of &c., [the full title of the corporation), under and by force and virtue, and in exercise and execution of the power and authority to them given in and by the said act of Parliament, made and passed in the second year of the reign of his said late Majesty King George the Fourth, with the approbation of the said — Lord Bishop of — , signified by his signing and sealing with his episcopal seal both parts of these presents, in the presence of the two credible persons whose names are, or are intended to be, respectively indorsed upon both parts of these presents, as attesting witnesses to the execution of both the said parts by the said — Lord Bishop of - , before the execution thereof respectively by the said
Inutility of the recital in the text.
(h) It is apprehended that the whole of this recital, which merely indicates the formalities required by the act and intended to be observed, may be dispensed with, as it can serve no other purpose than to guide the solicitor in the execution of his duty,—a purpose which may be quite as effectually answered by a note at the end of the draft, or even by a reference to the 4th section of the statute.