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or Charitt Governors of &c, [full title], in the presence of us, both
parts thereof having been previously signed by the withinnamed , Lord Bishop of , [signatures and addresses
of two witnesses].
Authority for delivery of pos
Memorandum that the within-written Deed, and a duplicate thereof, having been respectively duly enrolled in the High Court of Chancery, as appears by the memorandum of enrolment indorsed on each part thereof now respectively produced to me, and a transcript of the said deed and of the memorandum of enrolment having been entered in the registry of my diocese, I, the within-named , Lord Bishop of , do hereby authorize the delivery of possession, according to the terms of the withinwritten deed, to the within-named A. B., of the pieces or parcels of land and hereditaments before belonging to the within-mentioned Governors of &c, [full title], and by the within-written deed conveyed in exchange to the said A. B., and the delivery of possession to the within-named Governors of &c. [full title] of the piece or parcel of land, messuages or tenements, and hereditaments, by the withinwritten deed conveyed to them in exchange: In Witness whereof I have hereunto, and also to a similar writing indorsed on the other part or duplicate of the within-written
deed, set my hand, this day of , in the year of our
Lord , [Bishop's signature].
Attestation of Witnesses to the signing by the said , Lord Bishop
the authority. 0f ( 0f jhg foreg0ing memorandum and of a duplicate
thereof similarly attested by us, indorsed on the other part or duplicate of the within-written deed, [signatures and addresses of two witnesses].
Memorandum Memorandum, that possession of the piece or parcel of possession.°f land, messuages or tenements, and hereditaments in the within-written indenture mentioned to be conveyed in exchange to the within-named Governors of &c, [full title], has this day been delivered to them in our presence, or Haritt
and that possession of the pieces or parcels of land, mes- LAIfDS-—
suages or tenements, and other hereditaments in the withinwritten indenture mentioned to be conveyed in exchange to the within-named A. B., has also this day been delivered to him in our presence. In Witness whereof, we have hereunto, and to a similar memorandum indorsed on the duplicate of the within-written deed, set our hands, this
day of , [signatures and addresses of two witnesses].
Enrolled in her Majesty's High Court of Chancery, Memorandum
.i j c • .i «• T 3 i. of enrolment in
the day oi , in the year ot our Lord , being chancery.
first duly stamped, according to the tenor of the statutes made for that purpose, [signature of registrar].
On the day of , a transcript of this deed, with Memorandum
, , . „. • , , of the entry of
the several attestations ot its execution, and the memoran- a transcript of dum of the enrolment thereof in the High Court of Chan- t»ie.deed 1° .the
° , registry of the
eery, was entered in the registry of the diocese of , bishop.
[signature of the registrar of the diocese].
On the day of , a transcript of the authority Memorandum
for delivery of possession indorsed hereon, and also of the registry of
memorandum of delivery of such possession, was entered the bishop of
in the registry of the diocese of , [signature of the deliver^sses'-0
registrar of the diocese]. ,ion-and f ^
.* * J memorandum
PETITION FOR CHARITY exCHANGE.
PETITION by a Charity to the Bishop of the Diocese, praying for a Commission to inquire into a proposed Exchange under the Act of the 1 $2 Geo. 4, c. 92 (a).
To The Right Rev. Father In God, , Lord Bishop Of .
THE HUMBLE PETITION of the Governors of &c. [full title of the charity] sheweth—
Statement of creation and objects of charity;
That his late Majesty King , by his letters patent,
bearing date , willed and granted that &c. [statement
of the letters patent, so far as to shew the incorporation, the grant of lands, and the objects of the charity (6).
As to the application to the bishop of the diocese to authorize an exchange of charity lands.
(a) The 2nd section of the statute referred to in this and the last Precedent requires, as a preliminary to any exchange of charity lands, that an application shall be made by the trustees to the bishop of the diocese in which the charity lands proposed to be given in exchange are situate, stating the objects of the charity, the manner in which the lands have become vested in the trustees, the reason for which it is fit and proper that such exchange shall be made, and the benefit to be derived for the objects of the charity by means of such exchange. The statement is to be verified on oath, and the bishop, after making such preliminary inquiries as he may choose, and being satisfied with the result, is to issue a commission to inquire whether, and for what reasons, the proposed exchange will be beneficial to the charity. The Precedent in the text is of such an application, and is framed with a regard to the requisites prescribed by the act. If the charity be not a corporation, the 6th section of the statute, and in some cases the 7th and 8th, must be consulted. (See supra, p. 274, n.(6)).
(6) This and the two following recitals might be more compendiously embraced in one, as supra, p. 274, retaining however the full description of the lands. But as the bishop may expect to see a PETITION FOR
That, under and by virtue of several orders and decrees Exchange. made by the High Court of Chancery, in a cause in which the _0f Chancery Attorney-General, at the relation of your petitioners, was in- ^ceetdin^ formant, and your petitioners were plaintiffs, and the Right Uament affectRev. Father in God, , then Lord Bishop of , (in jj^^3*
which diocese [the locus of the charity] was then situate), and
were defendants, and of an act of Parliament made
and passed in the year of the reign of his late Majesty
King , intituled "An act" &c, [the title of the act],
and under and by virtue of several other orders and decrees of the said Court of Chancery, made in the said causes, and in the matter of the said act of Parliament, on the petition of your petitioners, according to the provisions of the said last-mentioned act, and under and by virtue of another act
of Parliament made and passed in the year of the
reign of her present Majesty, to alter some of the provisions of the said first-mentioned act, and to provide in a different manner for some of the objects of the said firstmentioned act, the said charity is now conducted and established according to a scheme settled and approved of by the said High Court of Chancery, and confirmed by the said first-mentioned act of Parliament, and the objects of the said charity have been extended to embrace, [brief mention of new objects as stated in the acts], according to the regulations and provisions in the said acts of Parliament contained.
That, under and by virtue of the said letters patent, — oftheaeiain your petitioners are now seised and entitled for an estate of *J th^iandsto inheritance in fee-simple, of and to a piece or parcel of be giyen eX.
land, situate in the parish of , and in the chapelry of ctange'
, in aforesaid, (being part of the lands by the
said letters patent granted to the said governors as aforesaid), on which said piece or parcel of land, divers mes
pretty full description of the creation and objects of the charity, and
suages, erections, and buildings have been erected and are now standing, and which said piece or parcel of land is bounded &c, and which said piece of land, hereinbefore described, contains in the whole square yards or thereabouts, and is delineated in the plan drawn in the margin
of this petition, and therein coloured , and marked with
the letter .
—and of adjacent lands;
That your petitioners are also seised and entitled to other lands and buildings, adjacent to the piece or parcel of land hereinbefore described.
—that an exchange has been thought advisable;
That it has been thought advisable by your petitioners to exchange the said piece of land hereinbefore described, for a piece or parcel of land belonging to A. B., of &c, [similar description to that above given of the other land].
—that the pe titioners desire to avail themselves of the act of Parliament;
That your petitioners are desirous to avail themselves of an act of Parliament made and passed in the second year of the reign of his late Majesty King George the Fourth, intituled "An Act to authorize the exchange of lands, tenements, or hereditaments, subject to trusts for charitable purposes, for other lands, tenements, or hereditaments," in order to effect the said exchange hereinbefore mentioned to have been proposed.
—of the reasons for the exchange;
That it is fit and proper that the said exchange should be made for the following reasons: viz. 1st. Because the possession by your petitioners of the said piece of land marked , [the land to be taken in exchange], will enable your petitioners to obtain convenient access to other lands and buildings belonging to your petitioners, which at present are of small value to your petitioners by reason of such want of access; 2ndly. Because such exchange is necessary or desirable for the purposes of enabling your