PREC. LVI. premes hby granted, and will keep the sd A., his hrs, exs, and ads, indemnified against all actions, proceedings, costs, damages and expenses, under or in respect of the sd covenants and restrictive provons, or any of them [AND THE sd A., acting by the sd B. as such committee as afsd, doth liby, &c., acknowledgment and undertaking as to muniments, p. 391 (c)]. IN WITNESS, &c. (d). PREC. LVII. LVII. CONVEYANCE on Sale of FREEHOLD Property by the PARTIES, A., B., C., and D., the surviving trees of the Recitals. charity, called, &c., 1; E., purchaser, 2: WHAS the hereds hby granted form pt of the estes of the sd Charity, which was founded in the year : AND WHAS by virtue of divers Title of trustees. (c) The possession of the deeds by the committee or other custodians on behalf of the lunatic would, it is presumed, be deemed in law the possession of the latter, so that the acknowledgment, &c., is properly given in his name; see p. 387, note. (d) The signature will be, "A. by B. committee of his este." The attestation will be, "Signed, &c., by the above-named B. as the committee, and in the name and on behalf of the abovenamed A., &c." A testimonium and attestation in the ordinary form would suffice; see Laurie v. Lees, 14 Ch. D. 249. (a) See the Charitable Trusts Act, 1853 (16 & 17 Vict. c. 137), ss. 24 & 26, authorising sales of charity estates with the sanction of the Board, and see also the Amendment Act of 1855 (18 & 19 Vict. c. 124), ss. 29, 35, and 36. By the Act of 1855, s. 37, the official trustee of charity lands may be autho rised by the Board to convey lands including those vested in him by the Act of 1853, s. 48, and the Act of 1855, s. 15. See also s. 12 of the Act of 1869 (32 & 33 Vict. c. 110, substituted for s. 16 of the Act of 1860, 23 & 24 Vict. c. 136), enabling a majority of the trustees to convey on behalf of all the trustees and the official trustee. assurances and other means, and ultimately by an indre, &c. PREC. LVII. (by which indre the last appointmt of new trees of the sd charity was effectuated), the estes of the sd charity became. vested in the sd pties of the pt to the sd last mentd indre in trust for the sd charity: Recital of deaths of some of trustees; AND WHAS the sd hereds hby granted are now legally vested in the sd pties hto of the first pt as such surviving trees as afsd in trust for the sd charity: AND WHAS under an order or warrant under the common Order of Charity seal of the Board of Charity Commissioners for England Commisand Wales, dated, &c., the sd board, upon the application of sioners allowing the sd trees of the sd charity, authorised them within six sale. calendar months from the date of the sd order, to sell the sd hereds hby granted with the appurts, for not less than £, subjt to the condon that all the costs, charges, and expenses attending or incidental to the sd sale, including the deduction and verification of any title which the pchaser might require to be shown, should be paid and defrayed by such pchaser, and also to do and execute all proper acts and assurances for carrying the sd sale into effect, and to give a conclusive discharge to the pchaser for the sd pchase-money : AND WHAS the sd pties hto of the first pt have in psuance of the sd order contracted with the sd E. for the absolute sale to him of the sd premes and the inheritance thof in fee simple free from incumbrances, but subjt to the lease hinafter mentd for the sum of £—: AND WHAS the sd E. has Payment of costs. paid all the costs, charges, and expenses incidental to the sd sale, which by the sd order of the sd board were required to be paid by the pchaser of the sd premes, as the sd pties hto of the first pt do hby acknowledge: [Recital as to muniments, p. 341]: NOW THIS INDRE WITNETH that Witin psuance of the sd recited order and agreemt, and in nesseth. conson, &c., purchase-money paid to A., B., C., and D. (the rect, &c.), they the sd A., B., C., and D., as such trees as afsd (see p. 366, note), do, by virtue of every power by statute or otherwise enabling them in this behalf, hby grant and confirm unto the sd E., his hrs and assigns, parcels, p. 344, PREC. LVII. omitting general words and estate clause, see pp. 357, 359, Habendum to E. in fee, p. 359. [Acknowledgment [and undertaking] by A., B., C., and D. as to muniments, p. 391.] IN WITNESS, &c. PREC. LVIII. Recitals. Title to surface. Title to minerals. LVIII. CONVEYANCE under a JOINT POWER of APPOINTMENT of SURFACE LANDS, and of MINERALS under other Lands which were RESERVED to the VENDORS on Previous SALES of the SURFACE. PARTIES, A. and B., vendors, 1; C., purchaser, 2: WHAS under or by virtue of an indre, &c., or by other assurances, instrumts, or means subsequent thto, divers messuages, lands, and hereds, situate in the parishes of, &c., in the county of, and commonly known as the este (of which the messuages and land described in the first pt of the first schedule hto form pt), stand limited to such uses as the sd A. and B. shall by deed jointly appoint, and in default of such appointmt to the use of the sd A. for his life without impeachment of waste, with remainder to the use of the sd B., his hrs and assigns: AND WHAS divers lands forming pt of the sd este, situate in the respive parishes of, &c., in the sd county of have from time to time been disposed of by the sd A. and B., by way of sale, exchange, or otherwise, with an exception or reservation of the coal and ironstone and other mines or minerals in or under the same, with rights of working and getting such reserved mines or minerals by means of underground or surface workings, or by underground workings only, and such reserved mines, minerals, and rights remain subjt to the uses, to which the sd este is subjt as hinbefore LVIII. to schedule recited: AND WHAS the lands and hereds so sold or disposed PREC. of with a reservation or exception of minerals, are described in the second pt of the sd first schedule hto, in which the Reference names of the respive psons to whom the same respively were conveyed or disposed of, and the dates and parlars of the respive conveyances or assurances thof containing such reservations or exceptions of minerals are specified: AND and plan. WHAS the lands described in the sd first schedule hto are delineated in the map or plan hereunto annexed, in which the lands comprd in the first pt of such schedule are coloured and the lands comprd in the second pt thof for sale. be paid to As to suces sion duty. are coloured - AND WHAS the sd A. and B. have agrd Contract with the sd C. for the absolute sale to him of the fee simple and inheritance of the lands described in the first pt of the sd first schedule hto, and of the mines of coal and ironstone and other mines and minerals so reserved as afsd in or under the lands described in the second pt of such schedule for the sum of £—: AND WHAS it has been agrd that the whole Purchaseof the sd pchase-money shall be paid to the sd A. and B. money to jointly, and upon their joint rect: Recital as to muni- vendors jointly. ments, p. 341: AND WHAS the sd B. has agrd to enter into such covenant for paymt of the succession duty, which will become payable on the death of the sd A. in respect of the premes intd to be hby assured, as is hinafter contd: NOW THIS INDRE WITNETH, that in psuance, Wit&c., and in conson of the sum of £- now paid by the sd C. to the sd A. and B. (the rect, &c.), they the Appoint sd A. and B., as beneficial owners (see p. 368, note), in exercise of every power or authority enabling them in this behalf under or by virtue of the sd indre of, &c., or any other conveyance or assurance subsequent thto, or any exception or reservation contd in any such conveyance or assurance or by any other means whatsoever, do and each of them doth hby appoint, and as and according to their several estes and interests, and by way of further assurance do and each of them doth hby grant and confirm Grant. unto the sd C., his hrs and assigns, FIRST, ALL THOSE closes Surface nesseth. ment. parcels. PREC. Powers of working. or parcels of land, messuages, tenemts, and hereds situate, &c., partarly described in the first pt of the first schedule hto, and coloured in the plan hto annexed, including all mines and minerals in, upon, or under the same lands Minerals. and premes, AND SECONDLY, ALL THE coal and ironstone, and other mines and minerals whatsoever, whether opened and in working or not, which under or by virtue of the exceptions or reservations contd in the respive conveyances or assurances mentd in the second pt of the first schedule hto or otherwise the sd A. and B. or either of them are or is entled to or have or has power to appoint or dispose of, lying or being in or under the lands and hereds situate, &c., which are partarly described in such second pt of the sd first schedule, and are coloured in the sd map or plan, TOGR WITH all such liberties, powers, and authorities of entering upon the sd lands described in the second pt of the sd first schedule, and coloured in the sd map or plan, and searching for, working, getting, dressing, and carrying away the sd coal, ironstone, and other mines and minerals, and making pits or shafts, and excavating and driving underground levels, passages, adits, and headways, laying down tramways and other ways and roads underground, and erecting buildings, engines, pumps, machinery, and works, and stacking or laying up the minerals or refuse raised out of the sd premes, and making roads or tramways over the surface of the sd lands or any other lands for working, getting, and carrying away the sd minerals or otherwise in relation thto, as under or by virtue of the sd respive conveyances or assurances mentd in the second pt of the sd first schedule hto or otherwise, the sd A. and B. or either of them are or is entled to or have or has power to dispose of, Subject to BUT SUBJT to such liability as the sd A. and B. or either of liability of them are or is subjt to of making compensation to the compensa surface owners or occupiers of the sd lands and premes making tion. General words. described in the second pt of the sd first schedule, for any damage or injury done or caused by the exercise or use of any of the liberties and authorities afsd, TOGETHER WITH all |