Anno 1 & 2 GEO. IV. Cap. 92. PART II. Stat. 1 & 2 An Act to authorize the Exchange of Lands, Tenements or VIII. Hereditaments, subject to Trusts for Charitable Pur-No. 4. poses, for other Lands, Tenements or Hereditaments. G. 4. c. 92. [10th July 1821.] lands, &c. WHEREAS lands, tenements or hereditaments, subjected to trusts for charitable purposes, may be in some cases exchanged for other lands, tenements or hereditaments, so as to benefit the objects of the charity: May it therefore please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and Persons after the passing of this Act, it shall and may be lawful for in whom any person or persons, body politic or corporate, in whom are investany lands, tenements or hereditaments shall be vested, sub-ed for chaject to any trust for any charitable purpose, to grant and ritable purconvey to any person or persons, body politic or corporate, exchange. and to his, her or their heirs, successors and assigns, or otherwise, as he, she or they shall direct or appoint, any such lands, tenements or hereditaments, in exchange for any other lands, tenements or hereditaments, under and according to the several restrictions, declarations and provisions herein-after expressed, and not otherwise. poses may to the Bi who may issue a whether an II. And be it further enacted, That whenever it shall be Application thought adviseable by the trustees or trustee of any lands, to be made tenements or hereditaments, subject to any trust for any shop of the charitable purpose, to exchange the same, or any parts or diocese, part thereof, for any other lands, tenements or hereditaments, application shall be made to the Bishop of the diocese in commiswhich any such lands, tenements or hereditaments, subject sion to to any trust for charitable purposes, and so proposed to be ascertain exchanged, shall be situate, stating the objects of the cha-exchange rity, the manner in which such charity lands, tenements or will be behereditaments are become vested in such trustees or trus- neficial to the charity. tee, and for what reasons it may be fit and proper that any such exchange should be made, and what benefit will be derived to the objects of the charity by means of such exchange, which statement shall be verified on oath before one of his Majesty's Justices of the Peace for the county, riding, division or place where such lands shall be situate; and thereupon it shall be lawful for such Bishop to direct such inquiries to be made as he may think proper, and to require VIII. the commission shall con sist. PART II. such information to be given to him as he may think necesCLASS sary, previous to his issuing such commission, as herein-after No. 4. mentioned; and in case such Bishop shall be satisfied that Stat. 1 & 2 reasonable ground has been laid before him to warrant his G. 4. c. 92. issuing such commission, then and in such case such Bishop Of whom shall issue a commission, under his episcopal seal, directed to four or more fit and proper persons, two of whom at the least shall be beneficed Clergymen, and one of whom shall be a Barrister at Law of at least five years standing, and by such commission the Commissioners therein named, or any three of them, one of whom shall be a beneficed Clergyman and one such Barrister as aforesaid, shall be authorized and required to inquire whether such proposed exchange will be beneficial to the objects of the trust, to which the charity lands, tenements or hereditaments so proposed to be exchanged shall be subject, and for what reason or reasons Commis- such exchange will be beneficial to the charity; and for the sioners to purpose of such inquiry, such Commissioners shall examine Cath, ne upon oath (which oath they are hereby empowered to administer) all persons who may be brought before them for quire pro- that purpose, and shall require the parties applying for such duction of exchange to bring before them any other persons to be examined upon oath touching any matters which such commissioners may deem necessary for their information; and valuations such Commissioners shall also require all deeds, papers and to be made, writings, which they may deem necessary for their informa examine on may re deeds, and direct surveys and &c. tion, to be also laid before them, and shall direct such surveys, maps and plans to be made of the lands proposed to be given and taken in exchange, as they may think proper; and shall cause such lands, tenements and hereditaments respectively, and the timber and trees on such lands respectively, and rights of common, and all other rights belonging thereto, to be valued, so as clearly to ascertain whether the proposed exchange will be permanently beneficial to the charity or not, and if permanently beneficial, for what reason it will be so beneficial, and whether such exchange is proposed for the convenience of the charity, or for the convenience of any other person or persons, body politic or corporate, and whether the terms upon which the exchange is proposed to be made are the best which can reasonably be obtained for the benefit of the charity; and such Commissioners shall also inquire into the title to the inquire into lands, tenements or hereditaments proposed to be given in exchange for the benefit of such charity, so as to enable the Bishop, on the return of such commission, to judge of the propriety of allowing such exchange to take place; and and may titles, CLASS VIII. such Commissioners shall thereupon certify to the Bishop PARTII. the several matters which shall be made to appear to them, together with the surveys and other evidence laid before them, closed up, under their hands and seals, which shall Stat. 1 & 2 be deposited with the Registrar of the diocese. No. 4. G. 4. c. 92. III. And be it further enacted, That before such Com- and certify missioners shall proceed to execute such commission, they to Bishop. shall respectively take the following oath : Commis take oath. I A. B., one of the Commissioners named in a commission, sioners to [describing the commission,] do swear, That I will faithfully do and execute all the matters by the said commission required to be done by me, and a true report make to the best of my ability, as by such commission required. So help me God. Which oath shall be administered by one of the said Commissioners, to any other or others of them, and shall be certified to the Bishop, together with the other proceedings under such commission. before counsel; commis IV. And be it further enacted, That upon the return of Bishop such commission it shall be lawful for the Bishop to ex- may lay proceedings amine the proceedings under the same, and, if he shall see of Commisfit, to direct the same to be laid before some counsel learned sioners in the law for his opinion and advice thereupon, and also to direct the title to the lands proposed to be given in exchange to the charity to be examined in such manner as he shall think fit; and if he shall think fit, to cause the same to be laid before counsel learned in the law for his opinion thereon; and in case the said Bishop shall not be satisfied with the return made by such Commissioners, it shall be lawful for him to issue a new commission or new commis- and may sions, directed to the same or other Commissioners, to the issue a new end that he may be fully satisfied of the propriety of such sion. proposed exchange; and such new commission or commissions shall be executed and returned, and the return or returns thereto deposited with the Registrar of the diocese, as before directed with respect to the first commission; and if Approbathe said Bishop shall be satisfied, upon the return of the tion of Bishop of commission or commissions so to be issued by him, or by exchange, such other and further information as he shall obtain as how signiaforesaid, that such proposed exchange is proper and bene-fied. ficial to the charity, it shall be thereupon lawful for him to signify his approbation of such exchange, by signing and sealing with his episcopal seal two parts of the deed of bargain and sale herein-after mentioned; and it shall be lawful Convey for the trustees or trustee of the charity lands, tenements or hereditaments proposed to be exchanged, by deed of bar- manner ance to be made in herein mentioned. VIII. PART II. gain and sale, enrolled in the High Court of Chancery withCLASS in six calendar months after the date thereof, to convey the No. 4. lands, tenements or hereditaments to be given by them in Stat. 1 & 2 exchange, to the person or persons, bodies politic or corpoG. 4. c. 92. rate, to whom the same shall be directed to be conveyed; and by the same deed the lands, tenements or hereditaments, proposed to be given to the charity in exchange, shall also be conveyed to the uses of such charity, and such deed shall be acknowledged by the person or persons making the conveyance of such lands, tenements or hereditaments, to the uses of such charity, for the purpose of enrolment; and two parts of such deed shall be prepared and executed, and a memorandum of the enrolment shall be indorsed on Deeds when each part; and both parts of such deed, after the same shall enrolled to have been enrolled as aforesaid, shall be produced to the Bishop, and a transcript of such deed, and of the memoBishop, randum of enrolment, shall be entered in the Registry of the tran- diocese; and the Bishop shall thereupon, by writing under his hand, indorsed on each part of such deed, authorize the tered in the delivery of possession, according to the terms of such deed, Registry of of the lands before belonging to the charity, and so conveyed the diocese. in exchange; and the delivery of possession to the trustees be pro duced to script thereof en or trustee of the charity, of the lands, tenements or hereditaments so conveyed to them in exchange, and the execution of both parts of such deed by the several parties thereto, and the signing of such authority for delivery of possession, shall be attested by two or more credible witnesses, which attestation or attestations shall be indorsed on both parts of such deed; and the attestation of the execution of such deed by the trustees or trustee of the charity lands, tenements or hereditaments thereby conveyed, shall express that both parts of such deed were signed by the Bishop before the execution thereof by such trustees or trustee; and a transcript of such authority for delivery of possession, and of such several attestations as aforesaid, shall be entered in the How deeds Registry of the diocese, and one part of such deed shall redisposed of. main with such trustees or trustee, for the benefit of the charity, and the other part shall be delivered to the person or persons, body politic or corporate, to whose use the charity lands, tenements or hereditaments shall be thereby conveyed in exchange. Before is suing commission three months' notice of intended V. Provided also, and be it further enacted, That before any such commission shall issue to make inquiry touching any exchange intended to be made under the provisions of this Act, three months' previous notice shall be given of the intention to propose such exchange, by inserting the parti CLASS VIII. No. 4. culars, extent and situation, and the tenure of the lands, te- PART II. nements or hereditaments, respectively proposed to be given and taken in exchange, for three successive weeks in some one and the same newspaper generally circulating in that Stat. 1 & 2 part of the country where the lands, tenements or heredita. G. 4. c. 92. ments proposed to be exchanged shall be situated; and also exchange by affixing such notice in writing on a conspicuous part of to be given the door of the church or chapel of each parish or cha- in newspelry wherein such lands, tenements or hereditaments, or stating parany part thereof, shall be situated, on three successive Sun- ticulars, &c. days whereon Divine service shall be performed, and shortly before the commencement of such service in each church or chapel. papers, &c. of trustees an ex six or more VI. And whereas in some cases where there were originally two or more trustees of charity lands, tenements or hereditaments proposed to be exchanged under the authority of this Act, the number of trustees may have been reduced by death or otherwise; Be it further enacted, That Vacancies in such cases the vacancies of trustees shall be filled in up to be filled the usual manner, prior to any application for an exchange up prior to pursuant to this Act, except in such cases in which the num- any appliber of trustees living and capable of acting shall be six or cation for more, in which cases the majority in number of trustees liv- change, uning and capable of acting shall signify their consent to any less when proposed exchange in writing, by signing the application to there are the Bishop to authorize such exchange as aforesaid; and trustees. when the original trustees shall have been fewer in number than six, and more than three, then the consent of not less than four of such trustees shall be so signified to the Bishop; and if the original trustees shall have been only three or two, then the consent of all the trustees shall be signified by all of them; or if there shall have been originally only one Number of trustee, then the consent of the sole trustee for the time being shall be so signified; and if any body politic or corporate give conshall be a trustee for any such charity lands, tenements or sent. hereditaments, then such consent shall be signified under the seal of the corporation, whether a corporation aggregate or sole, having a corporate seal, and such signatures, and the affixing of such seals respectively, shall be attested by two or more credible witness or witnesses. trustees ne cessary to VII. And whereas in some cases it may not appear in whom lands, tenements or hereditaments subject to charitable purposes may be vested, and there may be therefore no person capable of acting touching any such exchange as aforesaid, on behalf of the charity; Be it further enacted, That in all such cases it shall be lawful for the Bishop of shop may In what cases Bi |