App. II. if they think fit, require the property to be surveyed and valued, declare that the foregoing statement is in all respects Insert the usual name or designation of the charity, and the name of the parish, township, or place for the benefit whereof the charity was founded, or in which it is administered. + The application may be made by the trustees or persons acting in the adminis tration of the charity, or by some person acting on their behalf and by their direction. The date and the signature, address, and description of each individual applicant should be added here. Each signature should begin a separate line. If the applicants be a corporate body their seal should be attached. Form No. 7. (No. 5A) (a). (Charit. Trusts Act, 1853, s. 21.) Form of Application for the Authority of the Board to grant a lease or leases in pursuance of an agreement previously sanctioned by the Board. To the Charity Commissioners for England and Wales. in the county of of the above-mentioned charity submits the following statement:1. By an agreement dated the made between agreed that t and day of 18 and it was (amongst other things) 2. The said agreement was sanctioned by the Charity Commissioners on the 3. A certificate from Mr. day of 18-. " of the surveyor to the accompanies this application, from which it appears that the said has so far carried out the terms of the said agreement as to entitle him to the grant of a lease of the following property, viz. :— 4. S 5. A draft lease of the property in question has accordingly been prepared in conformity with the terms of the said agreement, and agreed to by all parties concerned, and is forwarded herewith for the information of the said Commissioners. In the above circumstances the have directed the undersigned to apply to the said Commissioners for an order under their seal authorising the granting of the said lease. I declare that the foregoing statement is in all respects true according to my information and belief. Insert usual name or designation of charity and name of parish, township, or place for benefit whereof charity was founded, or in which it is administered. The application may be made under the direction of the trustees or administrators, by their clerk or other agent. State very concisely the terms of the agreement so far as they relate to the property about to be leased. § State here any further material facts necessary to explain the draft lease. The applicant should here add his signature. NOTE.-The Surveyor's Certificate may be a distinct document. ¶ The Surveyor's Certificate should specify the nature, quality, cost, &c., of the work done in pursuance of the agreement. * The Surveyor should here add his signature. Form No. 8. (No. 91.) (a) (Charit. Trusts Act, 1853, s. 21.) CHARITY COMMISSION. PROPOSALS FOR LEASES OF CHARITY ESTATES. Instructions to Surveyors (b). Surveyors should be instructed by the trustees of the charity_to inspect the property proposed to be leased, and to forward to this office, for the information of the commissioners, a valuation and Report based upon their inspection, together with a plan of the property showing its abuttals and approaches, and identifying it, as far as possible, with its description in the tithe apportionment of the parish, or in any authoritative map or plan of the locality. The report should furnish information upon the following, as well as upon any other material points:— 1. The situation and general description of the property, stating the parish (and township, or other subordinate area, if any) in which it is situated, its extent, and, if it includes agricultural land, the mode of cultivation. 2. The tenancy and present rental of the property and its present condition. 3. The present improved annual letting value and the amount and incidence of the land tax, tithe rent charge and other fixed outgoings. 4. The length of the term to be granted. 5. The proper amount of ground rent, royalty, or other reservation. 6. The nature of any special covenants to be imposed upon the lessee. 7. The minimum amount to be expended in building by the lessee. 8. The class and character of the buildings to be erected, and the time to be limited for their completion. 9. The mode in which the property may be most advantageously divided and offered for letting, and the number, extent, and separate values of the plots (if any) into which it should be divided, and which should be indicated on the plan. Charity Commission, Whitehall, S.W. August, 1877. (a) See note (a) on p. 789, ante. (b) See ante, p. 486. App. II. (Charit. Trusts Act, 1853, s. 24.) Form of Application to the Board to authorize a Sale. To the Charity Commissioners for England and Wales. in the county of ; and in the parish of In the matter of "The Charitable Trusts Acts, 1853 to 1887.” Thef of the above-named charity, being of opinion that, under the special circumstances hereinafter stated, a sale of the property hereinafter mentioned will be advantageous to the charity, hereby apply to the Board to authorize the proposed sale, and to give such directions in relation thereto, and for securing the due investment of the money arising from such sale, as the Board may think fit. The trustees submit to the Board, in relation to the proposed sale, the following particulars as to: 1. The mode and date of the appointments of the existing trustees (if any) of the charity, and the number originally appointed. 2. The general objects of the charity. 3. The nature, extent and description of the property proposed to be sold, and whether it forms the whole or part only of the charity estate. 4. The township, parish and county in which the said property is situate. 5. In whom the legal estate in the said property is now vested, and by what conveyance, assurance, or other means. 6. The manner in which the said property has been let or occupied during the last three years. 7. The amount of the gross annual rent or income arising therefrom during each of the last three years. 8. The amount and particulars of the outgoings or deductions from such rent or income in each of such years. 9. The present annual letting or rack-rent value thereof. 10. The special circumstances under which the sale is proposed, and the advantages likely to result to the charity therefrom. 11. Whether the sale is proposed to be made by public auction or private contract, and whether any offer for the purchase thereof has been received, and the terms of such offer, if any. 12. The name, description, and address of the person by 13. Whether the purchaser will accept the title and pay 14. The manner in which it is proposed that the purchase- 15. The name and address of any surveyor by whom the said property has been or is proposed to be surveyed and declare that the foregoing statement is in all respects App. II. * Insert the usual name or designation of the charity, and the name of the parish, township, or place for the benefit whereof the charity was founded, or in which it is administered. The application may be made by the trustees or persons acting in the administration of the charity, or by some person acting on their behalf and by their direction. The date and the signature, address, and description of each individual applicant should be added here. Each signature should begin a separate line. If the applicants be a corporate body, their seal should be attached. Form No. 10. (No. 90.) (a) (Charit. Trusts Act, 1853, s. 24.) CHARITY COMMISSION. PROPOSALS FOR SALES OF CHARITY ESTATES. Instructions to Surveyors (b). Surveyors should be instructed by the trustees of the charity to inspect the property proposed to be sold, and to forward to this office, for the information of the commissioners, a valuation and report based upon their inspection, together with a plan of the property, showing its abuttals and approaches, and identifying it, as far as possible, with its description in the tithe apportionment of the parish, or in any authoritative map or survey of the locality. The report should furnish information upon the following, as well as upon any other material points: 1. The situation and general description of the property, stating the parish (and township, or other subordinate area, if any) in which it is comprised, its extent, and the mode of cultivation. 2. The tenancy and present rental of the property, and state of cultivation of the land, the condition of the buildings, and the amount of outlay upon them necessary for the maintenance of the full rent of the property. 3. The present improved annual letting value, and the amount and incidence of the land tax, tithe rent-charge, and other fixed outgoings. 4. The ordinary market value in fee simple in possession. 5. The additional value (stated separately) either by way of accommodation to an adjoining owner, or to a tenant, or for building purposes. (a) See note (a) on p. 789, ante. (b) See ante, p. 490. App. II. Form 10. 6. The prospect of a future increase in value as building land, or otherwise. 7. The separate values (if any) of the timber upon, and of the minerals, brick, earth, &c., underlying the property. 8. The mode in which a sale may most advantageously be effected, whether by private contract or by public auction, and the number, extent, and separate values of the lots (if any) into which the property should be divided, and which should be indicated on the plan. And, where part only of a property is proposed to be sold, 9. The effect of a sale upon the remainder of the property, and its bearing upon the value of the part offered for sale. Charity Commission, Whitehall, S. W., August, 1877. Form No. 11. [Where property vested by order of the Charity Commissioners.] (No. 87.) (a) Conditions of Sale (b). The property offered for sale forms part of the endowment of the charity called or known as and the sale is made with the consent and under the authority of an order of the Charity Commissioners of England and Wales. The legal estate in the property is now vested in the Official Trustee of Charity Lands, under The vendors are selling as the trustees of the charity, appointed by [under the provisions of a scheme] ——, and the purchaser shall admit the sufficiency of the title of the said trustees, and the vendors shall not be bound to deliver any abstract of title, or to produce any deeds or any other evidence of their title to the property sold than official copies of the orders of the commissioners appointing the said trustees, vesting the legal estate in the property in the Official Trustee of Charity Lands, and sanctioning the present sale, and a statutory declaration made by some competent person that the property sold was included in the two orders last mentioned, and has been in the possession of the trustees of the charity for upwards of thirty years, which copies and declaration respectively shall be prepared and furnished at the expense of the purchaser. The purchaser shall admit the validity of the appointment of those of the vendors who have been appointed trustees under the provisions of the said scheme, and shall accept as correct a list of the trustees signed by their clerk or secretary. Form No. 12. (No. 88.) (a) Conditions of Sale (b). dated the -day [Where title The property offered for sale forms part of the ancient possessions derived under of the charity, called created by deed or will.] of18—, of which charity the vendors are the present trustees under or by virtue of dated the day of, 18—. The property is offered for sale by the vendors as the trustees of the said charity, with the consent and under the authority of the Charity Commissioners for England and Wales. The purchaser shall admit the sufficiency of the title of the said trustees under the said (a) See note (a) on p. 789, ante. (b) See ante, p. 491. |