to execute dation deductions except ppty-tax, the first half-yearly paymt thof PREC. LIV. to be made on the day of next, and the sd rentcharge to be a first charge on the tolls and rates authorised by or payable under the Railways Construction Facilities Act, 1864, or the Acts cited therein or any of them; Proviso restricting the liability of vendor on his covenants for title, p. 385; AND THE co do hby for themselves and their assigns Covenant by company covenant with the vendor and his assigns, to the intent that this covenant may enure for the benefit of all psons here- accommoafter having or claiming title to the adjoining lands and works, hereds of the vendor, or to the sd rent-charge (as the case may be), that they the co or their assigns will within calendar months from the date of these presents, execute, do, and make [according to plans and specifications which have been already prepared and signed on behalf of the co by K. their engineer, and which have been approved of and signed by the vendor, or, "in a good and workmanlike mner, and with proper materials"] and for ever hereafter maintain in good repair and condon for the benefit of the vendor and his assigns, or other the pson or psons having or claiming title as afsd, the accommodation and other works specified in the sd second schedule hto, and will also at all times hereafter duly pay the sd rent-charge hinbefore limited to and to pay the sd A. or his assigns, or the pson or psons afsd, at the charge. times and in mner, at and in which the same is hinbefore made payable, without any deduction except as afsd. [Acknowledgment and undertaking by vendor as to muniments, p. 391.] IN WITNESS, &c. [Schedule of Muniments.] [Schedule of Accommodation Works.] rent PREC. LV. LV. CONVEYANCE by the COMMITTEE of a LUNATIC under the LANDS CLAUSES CONSOLIDATION ACT, 1845, of Lands PURCHASED by the MANAGERS of a PUBLIC ELEMENTARY SCHOOL under the ELEMENTARY EDUCATION ACT, 1870 (a). PARTIES, A., "the committee of the este of B., a lunatic," 1; C., D., E., &c., the managers of the school, or proposed school (hinafter called the managers), 2. Recite title of B., in lunacy. P. 329: AND WHAS by an inquisition taken before K., Esq., one of the masters in lunacy, on the Recitals. Inquisition ment of day of under a commission of lunacy, duly issued for that ppose, Appoint the sd B. was found to be a pson of unsound mind: AND committee. WHAS, by an order of the Lords Justices of the Court of Appeal, intrusted by the Sign Manual of Her Majesty with the care and commitmt of the custody of idiots, lunatics, and psons of unsound mind, and their estes (b), made on the "in the matter of B., a pson of unsound mind," it was ordered that the sd A. should be the committee of the pson and este of the sd B.: managers of a public ele gers. day of School, at, in [or, if the school is The mana- AND WHAS the managers are the mentary school, known as the the parish of, and county of not founded, say: AND WHAS the managers are desirous of establishing a public elementary school, to be known as the School, at, &c.; and they have obtained the approval of the education departmt to the establishmt of such (a) See the L. C. C. Act, 1845, 8 & 9 Vict. c. 18, s. 7; the Lunacy Regulation Act, 1853, 16 & 17 Vict. c. 70, s. 116, and the Elementary Education Act, 1870, 33 & 34 Vict. c. 75, s. 21. Under the L. C. C. Act the conveyance appears to be properly made by the committee in his own name, and not, as under the Lunacy Act, in the name of the lunatic; see the next Precedent. (b) See the Supreme Court of Judicature Act, 1875, 38 & 39 Vict. c. 77, s. 7. contract. school]: AND WHAS by virtue of the powers vested in PREC. LV. them resply by the Elementary Education Act, 1870, Conditional the sd A. has agrd to sell conditionally upon the proper consent in that behalf being obtained, and the managers have agrd to pchase as a site for a [an additional] school-house for such school, the piece of land [with the messuages and buildings thereon] hinafter expd to be hby conveyed at the price of £, being a sum determined, &c., which it was agrd should be taken in full compensation, &c., see Precedent LII., p. 508: AND Order conWHAS, by an order made on the day of , , firming contract. and ance by by in the matter of the sd lunacy, on the petition of the sd A., it was ordered that the sd A. should be at liberty to carry the sd conditional contract into effect, and that it should be referred to the masters in lunacy to settle and approve of a proper conveyance of the sd piece of land and premes to the managers accordingly, and that the sd A., as committee of the sd B., should execute and join with all necessary pties in executing such conveyance when approved by the sd masters: AND WHAS one of the Approval of draft masters in lunacy, has settled and approved of these pre- conveysents as a proper conveyance of the sd piece of land premes, psuant to the sd order of the and in testimony of such his approval has signed his name in the margin of the first skin, and his name and allowance on the second skin hereof; Recital that the purchase-money has been paid into Court, as in Precedent LII., p. 509 (c): WitNOW THIS INDRE WITNETH that for effectuating the sd sale, and for the conson afsd, and under and psuant to the sd order of the and the powers and provons of the Elementary Education Act, 1870, and the Acts incorporated thwith, the sd A., as committee of the sd B. (d), doth hby grant and convey unto the managers, their Grant. day of day of (c) See Re Milnes, 1 Ch. D. 28; Re Buckingham, 2 Ch. D. 690. (d) See p. 366, note. It seems doubtful whether covenants for title and production of deeds binding the estate of the lunatic could be given in this case, as the committee conveys in his own name; see the next precedent. master in ; lunacy. nesseth. PREC. LV. hrs and assigns, parcels, p. 344, omitting general words and estate clause, see pp. 357, 359: Habendum, UNTO AND TO THE USE of the managers, their hrs and assigns, UPON TRUST for the pposes of a public elementary school, within the meaning of the Elementary Education Act, 1870, and for no other ppose whatever (d). IN WITNESS, &c. PREO. LVI Recitals. LVI. CONVEYANCE of FREEHOLDS belonging to 2; PARTIES, A., lunatic, "a person of unsound mind, acting by B., of, &c., as committee of his este," 1; the sd B., C., purchaser, 3. Recite conveyance to A., containing reservations to the vendors X. and Y., their heirs and assigns, of minerals, with rights of working them by surface or underground works, and rights of way, and water, and other easements, and containing also restrictive covenants, entered into by A. with the vendors as to building on, and user of the land, the reservations and covenants being noticed shortly; The proceedings in lunacy; The conditional contract for sale, "subjt to the reservations and restrictions contd in the sd indre, of, &c.," and the order confirming the same, con (d) The Act requires (s. 21) "that the conveyance shall express that the land shall be held upon trust for the purposes of a public elementary school within the meaning of this Act, or some one of such purposes which may be specified, and for no other purpose whatever." (a) See the Lunacy Regulation Act, 1853, 16 & 17 Vict. c. 70, s. 116. nesseth. convey taining a clause authorising the committee to receive the PREC. LVI. purchase-money, and the approval of the conveyance by the master, as in Precedent LV.: NOW THIS INDRE WIT- WitNETH that in psuance of the sd contract for sale, and in conson of the sum of £ now paid by the sd C. to the sd B., as such committee as afsd (the rect, &c.), the sd A., as beneficial owner (b), acting by the sd B. as such committee, and in obedience to the sd order, doth hby grant, Grant. and the sd B., as committee of the sd A. (b), doth hby confirm unto the sd C., his hrs and assigns, parcels, p. 344, SUBJECT to such exceptions and reservations of the Subject to excepand other mines, stone, and minerals, in and under the tions, &c. sd lands and premes, and rights of working and getting the in former same and otherwise in relation thto, and to such rights of ance. way, and water, and other easemts and rights as were by the hinbefore recited indre of, &c., excepted or reserved to or in favour of the sd X. and Y., their hrs and assigns, or otherwise: AND SUBJT ALSO to the covenants by the sd A., and provons in the same indre contd, restrictive of the right of building on, or user of the sd lands and premes or otherwise, BUT WITH THE BENEFIT of the provons in the sd indre contd for compensating the sd A., his hrs and assigns, in respect of land taken or occupied for the ppose of or damage done in working or getting the sd mines, stone, and minerals, omitting general words and estate clause, see pp. 357, 359, Habendum to C. in fee, p. 359, "subjt as afsd": AND the Covenant sd C. doth hby for himself and his assigns, covenant with the sd A., his hrs, exs, and ads, that he, the sd C., his hrs, perform and assigns, will at all times hereafter duly observe and perform all the covenants by the sd A., and restrictive provons in the sd indre of, &c., contd, in relation to the sd (b) This implies covenants for title binding the estate of the lunatic, and a covenant by the committee against incumbrances; see p. 366, note. Although there has been some difference of practice on the point, it is considered to be clear that the committee has power to bind the estate of the lunatic by entering into the usual covenants for title and production of deeds, and that the purchaser is entitled to such covenants. by purchaser to covenants. |