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petitioners to effect certain improvements in and about Petition For
• t • . • * • CHARITY
certain adjacent lands and buildings belonging to your peti- Exchange. tioners, and which improvements your petitioners are advised and believe will be highly conducive to the welfare of the said charity.
That the benefit to be derived to the objects of the said —of toe benefit charity by means of the said proposed exchange is, that by ^ charity; means of such more convenient access and improvements as aforesaid being obtained and effected consequent on the said proposed exchange, the adjacent lands and buildings belonging to the said charity will be greatly augmented in value, and the revenue arising therefrom be greatly increased.
That the statement hereinbefore made has been verified —that the
on oath by the affidavit of , duly made and sworn on been^enfied*
the day of before , one of her Majesty's by affidavit.
justices of the peace for the said town of , and which
affidavit is hereunto annexed (c).
YOUR PETitIONERS thEREFORE HUMBLY PRAY YOUR Prayer to au
Lordship, That your Lordship will be pleased to authorize ;he ex"
the said proposed exchange; And That, in order to enable —and to issue your Lordship to judge of the propriety and expediency of of0?TM^910" such exchange, your Lordship will be pleased to issue a commission under your episcopal seal, in manner directed by the said last-mentioned act of Parliament, to inquire whether such proposed exchange will be beneficial to the objects of the trust to which the said charity lands (d), tene
(c) See section 2 of the act 1 & 2 Geo. 4, c. 92.
(<f) Although the act prescribes the statements to be contained in the application, it does not prescribe the object of the application specifically; but the petition in the text seems appropriate.
Petition Fob ments, and hereditaments so proposed to be exchanged are Exchange, subject, and for what reason or reasons such exchange will he beneficial to the said charity.
And Your Petitioners &c. (e).
(e) If the charity be a corporation, the common seal must be affixed to the petition; if otherwise, the petition must be signed by the requisite number of trustees. (See sect. 6 of the act; and also sects. 7 and 8; and supra, p. 274, n. (&)).
Notice Of FORM of Notice of proposed Exchange of
"ch^tv0' Charity Lands (a).
LAND8- [Name of the Charity] (6).
Notice is hereby given, that it is intended to propose an exchange between the Governors of &c, [the full title of the corporation of the charity], and A. B., of &c, of the freehold lands, tenements, and hereditaments hereinafter mentioned; (that is to say), All That piece or parcel of land, with the messuages, tenements, erections, and
A« to the notice (a) This notice must be inserted for three successive weeks in some a "exchange of 0ne an^ same newspaper» generally circulating in the part of the charity lands. country where the lands, tenements, or hereditaments proposed to be exchanged shall be situated, and must be affixed (in writing) on a conspicuous part on the door of the church or chapel of each parish or chapelry wherein the lands to be respectively given and taken in exchange are situated, on three successive Sundays whereon divine service shall be performed, and shortly before the commencement of such service in such church or chapel. The last of such Sundays, and the last day of such insertion in the newspaper, must be made three months before the bishop's commission issues. (See the Act 1 & 2 Geo. 4, c. 92, s. 6).
(S) The popular or generally known name of the charity will, perhaps, be better used here than the full technical name.
buildings thereon erected and now standing, bounded &c., Notice Of which said piece of land hereinbefore described is now "charity0
in the occupation of , contains square yards Lands.
or thereabouts, and is situate in the parish of , and
the chapelry of , in aforesaid: To Be Given
by the said Governors, and Taken by the said A. B., In Exchange for All That piece or parcel of land, with the messuages, tenements, buildings, and erections, thereon erected and now standing, bounded &c, which said piece of land lastly hereinbefore described is now in the occupation of , contains square yards or thereabouts,
is situate in the said parish of , and chapelry of ,
and is To Be Given by the said A. B. and Taken by the said Governors, In Exchange for the piece or parcel of land, tenements, and hereditaments firstly hereinbefore described (c).
(e) The notice, it is apprehended, should be signed by the secretary, or some other recognised officer of the charity.
REPORT of a Commission to Inquire into a
In The Matter of a proposed exchange
REPORT OF COMMISSIONERS IN A CRARITT EXCHANGE.
To The Right Rev. Father In God, ,
Lord Bishop Of .
We, E. F., Clerk, a beneficed clergyman, being rector statement of of , in the county of ;G. H., of , a barrister <*>mTMTM<TM
(a) With respect to the issuing of the commission, and of whom As to the comREPORT OF COMMISSIONERS IN A CHARITY EX CHANGE.
at law, of at least five years' standing; and I. K., of
being three of the commissioners (b) named in and authorized by a commission issued by your Lordship, under your
Lordship's episcopal seal, and bearing date the day of
, in the year of our Lord 18—, and directed to us the
said E. F., G. H., and I. K., along with the Rev. L. M.,
a beneficed clergyman, being rector of , in the county
Certificate of of , having proceeded to execute such commission, Do
sw*earingof "the Humbly Certify to your Lordship, that we the saidE.F., commissioners. G.H., and I. K., met together on [the day of the week], the —:— day of last past, at , and did, before proceeding to execute the said commission, severally administer to each other, and personally take the oath prescribed in and by a certain act of Parliament, made and passed in the session of Parliament holden in the first and second years 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," for commissioners to take before they proceed to execute such commission, and which oaths, so as aforesaid administered, are those specified in the first schedule hereCertificate of under written (c): And We Do Further humbly certify, of the commis- that, after taking the said oath, we did proceed to execute the said commission, and did view, examine, and make inquiry as to the property described in the said commission to be given, and also that to be taken in exchange, and did consider all the allegations and circumstances mentioned in the declaration or statement annexed to the said commission and therein referred to, and we have examined on oath such persons as we have thought proper to be brought before us for
mission and the it must consist, and of the powers and duties of the commissioners,
return to it in see the statute 1 & 2 Geo. 4, c 92, s. 2. The requisites prescribed case of a pro- . _ posed exchange "v TM*e statute are, it is believed, adhered to in the precedent of the
of charity lands, return. No precedent of the commission is given, as that instrument,
it is presumed, proceeds from the bishop.
(4) Of course there is no reason why all four commissioners should not act, and it would be more satisfactory if all four were to act.
(c) See the form of the oath, sect. 3 of the act.
the purposes of the said commission, and whose depositions Rxport Of are specified in the second schedule hereunder written, and we have caused to he laid before us the abstract of title, specified in the third schedule hereunder written, (being an abstract of the title of A. B., of &c), to the piece or parcel of land in the said commission described, and intended to be given in exchange by the said A. B., and also the title-deeds belonging to the said A. B., and referred to in the said abstract of title, and we have caused to be verified on oath the survey map or plan (d) of the pieces or parcels of land proposed to be respectively given and taken in exchange, which is specified in the fourth schedule hereunder written, and we have caused the said pieces or parcels of land and hereditaments respectively to be valued, but there were no rights of common, or other special rights belonging thereto (e), by which view, examination, inquiry, consideration, investigation, and valuation, we have clearly ascertained, And We Do Humbly Certify, that the Certificate that proposed exchange will be permanently beneficial to the ^"beneficharity in the said commission mentioned, for the follow- c?al to fie cnaing reasons, (that is to say), [statement of the reasons] (J): And We Do Further Humbly Certify, that the said Certificate of exchange is proposed for the convenience of the said cJiJ^partl" charity, and that the terms which are proposed are the best which can reasonably be obtained for the benefit of the said charity: And We Do Further Humbly Certify, Certificate as that we have inquired into the title of the pieces or parcels Jhe'landsto'be of land and hereditaments proposed to be given in ex- taken by the
(d) Unless the lands to be given and taken in exchange are adjacent, there will probably be two survey maps or plans.
(e) The act (sect. 2) directs the commissioners to cause a valuation As to the vato be made of the lands, tenements, and hereditaments to be respect- Nation by the ively given and taken in exchange, and the timber and trees on such lands respectively, and the rights of common, and all other rights belonging thereto. In the case in the text, the properties being situate in a town, there were no timber or trees on either of them.
(/) See the mode of stating the reasons in the precedent of the petition to the bishop, supra, p. 290.