CHARITY EXCHANGE. petitioners to effect certain improvements in and about PETITION FOR certain adjacent lands and buildings belonging to your petitioners, 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 charity by means of the said proposed exchange is, that by 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. of the benefit to the objects of the charity; THAT the statement hereinbefore made has been verified on oath by the affidavit of that the statement has duly made and sworn on the day of, before justices of the peace for the said town of affidavit is hereunto annexed (c). one of her Majesty's been verified by affidavit. YOUR PETITIONERS THEREFORE HUMBLY PRAY YOUR LORDSHIP, THAT your Lordship will be pleased to authorize the said proposed exchange; AND THAT, in order to enable your Lordship to judge of the propriety and expediency of 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. (d) 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. Prayer to authorize the ex change; and to issue a commission of inquiry. CHARITY EXCHANGE. PETITION FOR ments, and hereditaments so proposed to be exchanged are subject, and for what reason or reasons such exchange will be 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. (b)). NOTICE OF EXCHANGE OF As to the notice preliminary to an exchange of charity lands. XXII. FORM of NOTICE of proposed EXCHANGE of [Name of the Charity] (b). 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) This notice must be inserted for three successive weeks in some one and the same newspaper, generally circulating in the part of the 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. 5). (b) 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., which said piece of land hereinbefore described is now in the occupation of, contains in square yards or thereabouts, and is situate in the parish of and the chapelry of 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 herein before described (c). (c) The notice, it is apprehended, should be signed by the secretary, or some other recognised officer of the charity. NOTICE OF EXCHANGE OF XXIII. REPORT of a COMMISSION to Inquire into a IN THE MATTER of a proposed exchange TO THE RIGHT REV. FATHER IN GOD, LORD BISHOP OF REPORT OF COMMISSIONERS IN A CHARITY EXCHANGE. WE, E. F., Clerk, a beneficed clergyman, being rector Statement of of in the county of —; G. H., of a barrister commissioners. (a) With respect to the issuing of the commission, and of whom As to the com REPORT OF COMMISSION ERS IN A at law, of at least five years' standing; and I. K., of — being three of the commissioners (b) named in and authoCHARITY EX- rized by a commission issued by your Lordship, under your Lordship's episcopal seal, and bearing date the CHANGE. Certificate of the meeting and swearing of 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 of, having proceeded to execute such commission, Do HUMBLY CERTIFY to your Lordship, that we the said E. 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 hereunder 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 Certificate of the execution sion. 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 proposed exchange by the 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. (b) 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 REPORT OF COMMISSION ERS IN A CHANGE. are specified in the second schedule hereunder written, and we have caused to be laid before us the abstract of title, CHARITY EXspecified 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 proposed exchange will be permanently beneficial to the charity in the said commission mentioned, for the following reasons, (that is to say), [statement of the reasons](ƒ): AND WE DO FURTHER HUMBLY CERTIFY, that the said exchange is proposed for the convenience of the said 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, that we have inquired into the title of the pieces or parcels of land and hereditaments proposed to be given in ex (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 to be made of the lands, tenements, and hereditaments to be respectively 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. (f) See the mode of stating the reasons in the precedent of the petition to the bishop, supra, p. 290. Certificate that the exchange will be beneficial to the charity. Certificate of further particulars. Certificate as the lands to be taken by the charity. to the title of As to the valuation by the commissioners. |