PRECEDENT L. BY ECCLESIASTI- SIONERS. conditions, and agreements (including the said joint power of appointment limited to the said A. B. and C. D. as aforesaid), which by virtue of or under the herein before recited indenture of the 1st day of January, 1850, or in consequence of the exercise of any of the powers therein contained (other than any leases under the powers of leasing, or any mortgages or other dispositions made for raising any sum or sums of money), are now subsisting or capable of taking effect in the said messuages and lands, the fee simple whereof was thereby assured and limited as aforesaid, and which now remain unsold, but not so as to increase or multiply charges or powers of charging (e). [Covenant by the Commissioners for themselves and their successors with C. D. and his heirs against incumbrances, p. 269.] IN WITNESS, &c. (ADD a Schedule.) REVERSION BY ECCLESIASTICAL COMMISSIONERS. LI. PRECEDENT LI. CONVEYANCE by the ECCLESIASTICAL COMMISSIONERS to TRUSTEES of SETTLED ESTATES of the REVERSION in FEE expectant on A CAPITULAR LEASE for Years. THIS INDENTURE, made, &c., between The Ecclesiastical Commissioners for England (a), of the first part; A. B., of, &c., and C. D., of, &c., the surviving trustees 1. Parties. (e) In the case from which this Precedent was taken, the Ecclesiastical Commissioners required that a terrier should be made and signed by the purchaser, stating that the property was subject to the annual payment to the vicar and to the repairs of the chancel, and that a copy of the terrier should be deposited in the bishop's registry. (a) See the notes to Precedent L. The Precedent here given is of a simpler and more usual character than the preceding one. Court of REVERSION BY 2. Recites lease; -identifies the property in the lease the schedule, with that in 3. Order in Council vesting the episco pal estates in the Ecclesiastical Commis sioners. and executors appointed by the last will and testament, Precedent LI. dated, &c., and proved in the on &c., of L. M., late of, &c., of the second part, and E. F., of &c. [a consenting party to the purchase], of the third part, [Recites lease by a Dean and Chapter to A. B. and C. D., as trustees, for twenty-one years, reserving timber, mines, rights of sporting, &c.]; AND WHEREAS the lands specified in the schedule hereto, and delineated in the plan drawn in the margin of the same schedule, and therein coloured are the lands comprised in the hereinbefore recited indenture of lease, except certain small parts which have been sold and conveyed since the date and execution of the same indenture to the -Railway Company: AND WHEREAS, by an Order of Her Majesty in Council, dated &c., and published in the London Gazette, of the day of and made in pursuance and taking effect by virtue of certain Acts of Parliament therein referred to, it was ordered, &c. [Order vesting the said manors, lands, tithes, tenements, and hereditaments in the Ecclesiastical Commissioners]: AND WHEREAS, by another Order [Order 4. Order in empowering the Ecclesiastical Commissioners to sell, for Council empowering the such consideration as should, upon due calculation and Commissioners inquiry, appear to them reasonable, see supra, p. 396]: AND WHEREAS the said A. B. and C. D., in pursuance of a direction in that behalf in the said will of the said L. M. contained, and with the consent of the said E. F. (the person who, under the limitations in the said will contained, would for the time being be in possession of the lands to be purchased in case the same were now actually purchased and settled, testified by his signing these presents), have agreed with the said Ecclesiastical Commissioners for the purchase of the fee simple in reversion expectant upon the said term granted by the herein before recited indenture of lease (b), and all other the estate and interest (if any) of the said Commissioners in the said lands, specified in the said schedule, and to sell. 5. Agreement for purchase by the trustees. VOL. II. (b) See supra, p. 393, n. (c). D D PRECEDENT LI. therein coloured REVERSION BY SIONERS. in the said plan; Together with the said several yearly rents reserved by the herein before recited indenture of lease, and all timber and other trees, mines and quarries, in, upon, or under the same lands, and the liberties by the same indenture reserved in respect of such timber and other trees, mines, and quarries, and of hunting, shooting, coursing, fishing, fowling, and entry, in, over, and upon the same lands, but subject as is hereinafter expressed, for the sum of £, being the conside ration which, upon due calculation and inquiry, appears to the said Commissioners to be just and reasonable, and which sum is intended to be paid by the said A. B. and C. D. out of moneys in their hands in trust to be laid out in the purchase of lands, to be settled in pursuance of 6. Witnesseth: the said will: NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said agreement, -consideration; and in consideration of the sum of £, upon the -receipt; -grant. 7. Parcels. execution of these presents paid by the said A. B. and C. D. out of moneys in their hands as aforesaid to the account of the said Ecclesiastical Commissioners at the Bank of England (the receipt of which said sum is intended to be acknowledged by a memorandum indorsed on these presents, and signed by the Right Honourable L. and the Right Honourable M., as the joint treasurers of the said Ecclesiastical Commissioners, and the payment whereof the said Commissioners do also hereby acknowledge), They, the Ecclesiastical Commissioners for England, in pursuance and by force and virtue of the hereinbefore recited Order in Council, of the day of -, and of every or any other power or authority enabling them in this behalf, do hereby grant and convey unto the said A. B. and C. D., their heirs and assigns, ALL THAT the reversion in fee simple expectant upon the said term granted by the herein before recited indenture of lease, and other the estate and interest (if any) of the said Ecclesiastical Commissioners of and in all the lands specified in the schedule hereto, and coloured in the plan drawn in the margin of the same schedule, TOGETHER WITH the several yearly rents reserved by the herein before REVERSION BY CAL COMMIS- recited indenture of lease, and all timber and other trees, PRECEDENT LI. mines and quarries, in, upon, or under the same lands, and the liberties by the same indenture reserved in respect of such timber and other trees, mines, and quarries, and of hunting, shooting, coursing, fishing, fowling, and entry in, over, and upon the same lands, AND ALL buildings, &c. [General Words, supra, p. 208]: TO HAVE AND TO HOLD the said reversion and premises Habendum : herein before expressed to be hereby granted and conveyed UNTO the said A. B. and C. D., their heirs and in fee; -in trust to settle. assigns, To THE USE of the said A. B. and C. D., their to the trustees heirs and assigns for ever, subject to all duties, payments, and obligations (if any), ecclesiastical or civil, charged upon or payable out of or in respect of the said premises; AND UPON TRUST to settle the said premises to the uses, upon the trusts, and with and subject to the powers, provisoes, and declarations to, upon, with, and subject to which the same premises in pursuance of the said will of the said L. M. ought to be settled; AND THEY the Ecclesiastical Commissioners for England hereby for themselves covenant with the said A. B. and C. D., their heirs and assigns [against incumbrances, supra, p. 219.] IN WITNESS, &c. (ADD a Schedule and Plan.) LII. CONVEYANCE in FEE by the TRUSTEES of a CHA- PRECEDENT LII. RITY (a), with the Approval of the CHARITY COM- CHARITY ESTATE. MISSIONERS. THIS INDENTURE, made &c., BETWEEN A. B., of &c., 1. Parties. (a) It is the duty of the trustees of a charity so to manage and Sales of charity dispose of the property intrusted to them, as may best promote and estates. PRECEDENT LII. C. D., of &c., and E. F., of &c., the trustees of the charity, in the parish of, in the county of CHARITY ESTATE. of Statute of Limitations runs against charities. Under Sir S. Under the maintain the charitable purposes of the founder. In ordinary cases a most important part of this duty is to preserve the property; but it may happen that its alienation would benefit the charity, and under such circumstances a Court of equity will sanction the alienation: Attorney-General v. South Sea Company, 4 Beav. 453. But trustees cannot sell charity property without the express authority of Parliament, or of a competent Court or Judge, or of the Charity Commissioners under the recent statutes; and the Court of Chancery will not decree a sale, except upon a very special case: AttorneyGeneral v. Corporation of Newark, 1 Hare, 395. Should a sale or a lease of a charity estate, without proper sanction, be impeached after any lapse of time, the burden of proof that the transaction was beneficial to the charity will lie on the purchaser or lessee: AttorneyGeneral v. Pilgrim, 12 Beav. 57; affirmed 2 H. and Tw. 186; 2 Mac. & G. 414; Attorney-General v. Magdalen College, 18 Beav. 223; Attorney-General v. Hall, 16 Beav. 388; Clack v. Holland, 19 Beav. 262; Attorney-General v. Stephens, 1 K. & J. 724; S. C. 6 De G. M. & G. 111. The Statute of Limitations runs against a charity and against the Attorney-General suing on behalf of a charity: Attorney-General v. Magdalen College, House of Lords, 13 June, 1857, reversing the decision 18 Beav. 223. And see Dart, 252. A sale of charity estates may be directed on a petition to the Court of Chancery under Sir S. Romilly's Act, 52 Geo. 3, c. 101: Re Parke's Charity, 12 Sim. 329; Re Newton's Charity, 12 Jur. 1011; Re Suir Island Charity, 3 J. & L. 171; Re Ecclesall, 16 Beav. 297; Re Ashton's Charity, 22 Beav. 288, cited Dart, 773, n. (s). And the Court sometimes allows the trustees to receive the purchase money, instead of ordering it to be paid into Court: Re Hare-court Chapel, V.-C. W. 16 Dec. 1854. The Court can, under Sir S. Romilly's Act, also authorise an exchange of charity property: Midmay v. Lord Methuen, 16 Beav. 121, n. Nearly all matters connected with the sale, exchange, and leasing of charity lands are, however, now regulated by "The Charitable Trusts Act, 1853" (16 & 17 Vict. c. 137), and "The Charitable Trusts Amendment Act, 1855" (18 & 19 Vict. c. 124), and the Extension Acts, 23 & 24 Vict. c. 136, and 25 & 26 Vict. c. 112: Roman Catholic charities being specially governed by the Acts 20 & 21 Vict. c. 76; 21 & 22 Vict. c. 51; 22 & 23 Vict. c. 50; and 23 & 24 Vict. c. 134. By the Charitable Trusts Act, 1853, s. 24, the Charity Commissioners for England and Wales are empowered, upon the appli |