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No. XII.

CONVEYANCE upon a SALE of CHARITY LANDS with the
APPROVAL of the CHARITY COMMISSIONERS (@).

CONVEYANCE
ON SALE

OF CHARITY

LANDS.

THIS INDENTURE, made the day of, BETWEEN Parties. A. B. of, &c., and C. D. of, &c., the trustees of a charity called, &c. (state the title of the charity), of the one part, and E. F. of, &c. (purchaser), of the other part: WHEREAS the said A. B. and Agreement for sale by trustees C. D. lately agreed to sell to the said E. F. the hereditaments of charity. intended to be hereby conveyed (being part of the lands belong

missioners.

Order of
Charity Com-

approving

ing to the said charity), at the price of £, but subject to Subject to approval of the approbation of the said sale by the Charity Commissioners Charity Comfor England and Wales: AND WHEREAS by an order under the common seal of the said Charity Commissioners, dated the day of, the said Commissioners having inquired into the missioners circumstances, and being satisfied that the proposed sale would sale. be advantageous to the charity, did authorize the said sale, and gave directions to the said A. B. and C. D. to carry the same into effect: NOW THIS INDENTURE WITNESSETH, that Witnessing in pursuance of the said agreement, and by virtue of the said order of the said Charity Commissioners, and in consideration of Consideration. the sum of £to the said A. B. and C. D. paid by the said.

part.

convey to pur

E. F., &c. (the receipt, &c.), the said A. B. and C. D., as trustees, Trustees hereby convey unto the said E. F., ALL, &c. (parcels): To HOLD chaser in fee. the same unto and to the use of the said E. F. in fee simple.

IN WITNESS, &c.

(a) It is assumed in the above Precedent that the charity is an endowed See p. 413, suprà.

one.

ON SALE OF CHARITY

LANDS.

Parties.

Recite conveyance to trustees.

That purchasemoney arose

No. XIII.

CONVEYANCE upon a Sale by TRUSTEES of a CHARITY supported by VOLUNTARY CONTRIBUTIONS (@).

THIS INDENTURE, made the

day of, 18—, BETWEEN A. B., of, &c., C. D., of, &c., and E. F., of, &c., the trustees of a charitable institution established at

-, called (rendors), of the one part, and G. H., of, &c. (purchaser), of the other part recite conveyance to the trustees of property of which the land sold is part): AND WHEREAS the said sum of £- paid as purchase-money for the hereditaments comprised in the hereinfrom voluntary before recited indenture arose entirely from voluntary contributions, and was money applicable for the general purposes of the institution at the discretion of the committee of management for the time being: AND WHEREAS at a general meeting of the governors of the said institution held at

contributions.

Meeting of

governors at which committee was empowered to sell.

Offer by purchaser.

committee

accepting offer.

on the -day of last, it was resolved that the land intended to be hereby conveyed, being no longer required for the purposes of the institution, should be sold by the committee of management at such price as the committee should think fit: AND WHEREAS the committee of management entered into negotiations with the said G. H. for the sale of the said land, and the said G. H. made an Resolution of offer of £ for the same: AND WHEREAS at a meeting of the committee of management held at on the day of last, it was resolved that the offer of the said G. H. to buy the said land for £ be accepted, and that the said A. B., C. D., and E. F., as the trustees of the said institution, be directed to convey the said land to the said G. H., and to receive the purchasemoney: NOW THIS INDENTURE WITNESSETH, that in of the said agreement, and in consideration of the sum of pursuance paid by the said G. H. to the said A. B., C. D., and E. F., as the trustees of the said institution (the receipt, &c.), the said A. B., C. D., and E. F., as trustees, hereby convey unto the said G. H., ALL, &c. (parcels), TO HOLD the same unto and to the use of the said G. H. in fee simple.

Witnessing part.

Consideration. Trustees to convey to purchaser in fee.

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IN WITNESS, &c.

(a) The consent of the Charity Commissioners is not necessary. See p. 413, suprà.

No. XIV.

CONVEYANCE of a SCHOOLHOUSE by the MANAGERS of CONVEYANCE
an ELEMENTARY SCHOOL to a SCHOOL BOARD, under
Section 23 of the ELEMENTARY EDUCATION ACT, 1870.

day of

OF SCHOOL-
HOUSE TO

SCHOOL BOARD.

18-, BE- Parties.

THIS INDENTURE, made the
TWEEN A. B., of, &c., C. D., of, &c., E. F., of, &c., G. H., of, &c.,
J. K., of, &c., L. M., of, &c., O. P., of, &c. (being the majority of
the trustees of a certain charity called L Charity and com-
petent as such to act, and for the purposes of these presents

of founder of

acting, as the managers of the said charity), of the one part, and the School Board for (hereinafter called "the Board") of the other part: WHEREAS M. L., late of, deceased, by her Recital of will will, bearing date the day of, and which was duly school. proved in the Prerogative Court of Canterbury, on the day of in the same year, bequeathed certain leasehold premises therein mentioned unto certain trustees in her said will named upon trust to apply the annual income thereof in the bringing up, instructing, and educating in the principles of the Christian religion as the same was then taught, professed, and practised in the Established Church of England, 40 poor children-namely, 20 boys and 20 girls of the said parish of and that the said trustees, or the major part of them, should choose and nominate the children to be from time to time entitled to the benefit of the said charity: AND WHEREAS by a Scheme scheme annexed to a decree of the High Court of Chancery, the Court of made in a suit instituted in the said Court for the administration Chancery for of the trusts of the said charity, in which suit, church- tration of the charity. wardens of aforesaid, and overseers of the poor of the said parish, on behalf of themselves, and 20 poor boys and 20 poor girls, were plaintiffs and were defendants, and which scheme was confirmed by the Lord Chancellor on the day of , it was (among other things) provided that the trustees for the time being of the said charity, or the major part of them, should from time to time visit the schools of the said charity, elect the objects thereof, and appoint the schoolmasters and schoolmistresses of the same schools, and should, as often

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approved by

the adminis

OF SCHOOL

HOUSE TO SCHOOL BOARD.

Order of

Charity Commissioners appointing trustees.

That trustees schoolhouse.

are seised of

That schools have been maintained partly out of their own funds, and

partly by sub

CONVEYANCE in any year as they might think proper, meet at the schoolhouse and examine into the conduct and behaviour of the masters and mistresses, and of such poor children, and see the state and condition of the said school, and consult of proper measures to be taken in and about the performing and executing their said trust, and render accounts thereof: AND WHEREAS by an order of the Board of Charity Commissioners for England and Wales bearing date the day of, it was ordered that the said several persons, parties hereto of the first part, together with (other trustees), be appointed to be trustees for the administration of the said charity: AND WHEREAS the trustees of the said charity are seised or entitled in fee simple, as part of the property of the said charity, of or to the schoolhouses and premises, situate at aforesaid hereinafter described, and hereby intended so to be conveyed, subject to the payment of a yearly fee farm or ground rent of £2: AND WHEREAS the schools established by the said charity have been maintained and supported in part by the funds of the said charity; and in further part by the voluntary subscriptions of persons residing scriptions and in or in the neighbourhood of aforesaid; and in further part by an annual grant out of funds appropriated by Parliament for Public Education in Great Britain: AND WHEREAS at a meeting of trustees of the said charity, held at the schoolhouse at aforesaid, on the day of last, in pursuance of a notice for that purpose duly given, by affixing the same against the door of the parish church at, and by a post letter addressed to each of the trustees of the said charity, and which notice was dated the day of and which meeting was attended by all the trustees of the said charity, except the said It was (amongst other things) resolved by a majority of the trustees present at such meeting, and which majority was constituted of the several persons parties hereto of the first part, that in consequence of the falling off of the subscribers to the said schools and the inadequacy of the funds within the control of the trustees sufficiently to maintain and support the said schools, it would be for the benefit of all persons interested in the said charity that the said schoolhouse should be transferred to the School Board of the parish, reserving to the trustees the exclusive use of the schoolrooms for the purposes of their trusts, on every Sunday, and also between the hours of 9 and 9.45 in the

partly by government grant.

Meeting of trustees, and

resolution to transfer

schoolhouse to

board.

day of

OF SCHOOLHOUSE TO SCHOOL BOARD.

transfer was

part.

convey school

morning on every Friday in each year, the Board undertaking CONVEYANCE the repairs and insurance against fire of the school premises, and paying the ground rent in respect of the same: AND WHEREAS on the day of the said proposed arrangement for the That proposed transfer to the said Board of the said schoolhouses, received the consented to by all the subconsent of twenty-five, being all of the annual subscribers to the scribers and by Education said schools, who were present at a meeting duly summoned and Department. voted on the question, and also received the consent of the Education Department on theand the same arrangement was afterwards, in the terms of the said resolution, embodied in certain articles of agreement, bearing date the day of, and made between, &c. (parties): NOW THIS Witnessing INDENTURE WITNESSETH, that for carrying into effect the said arrangement in relation to the said schoolhouses, and pursuant to and in exercise of the powers and authorities for that purpose conferred by the Elementary Education Act, 1870, THE said several persons, parties hereto of the first part, in the Managers character of managers of the said schools, do hereby convey unto houses the said Board: ALL THOSE the schoolhouses situate at aforesaid, now or lately used for the purposes of the said charity, together with the yard, play-grounds, outbuildings, and other the premises to the same belonging, which said schoolhouses, playgrounds, and other premises, are delineated in the plan drawn in the margin of these presents, and are distinguished thereon by the colour pink, and the same have been erected upon and formed out of a certain piece of land, which was in the year conveyed to the trustees of the said charity by one H. S. by the description following (namely), All that, &c. (describe land,) To hold the said premises (subject to the said yearly fee farm rent of £2 payable thereout) unto and to the use of the Board to the Board; in fee simple: To and for the intents and purposes following (namely): To the intent and purpose that the Board shall to the intent that they shall from time to time hereafter out of the funds under their pay the ground rent, and keep control pay the said rent payable in respect of the said premises, and keep the said schoolhouses and premises, and the fences separating the same from the adjoining properties, in good repair, and the buildings insured against loss or damage by fire in a sum equal to the value thereof, in some respectable office of insurance, to be selected by the Board, and approved of by the trustees or trustee for the time being of the said charity,

the premises

in repair and insured.

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