and the vendors shall not be bound to deliver any abstract of title, or
to produce any other evidence of their title to the property sold, than
the said
an attested copy of which will be furnished to the
purchaser, if desired by him, at his expense, but the original of which
will be retained by the vendors; and an official copy of the order of
the said commissioners authorizing the sale, and a statutory declara-
tion made by some competent person, that the property sold has been
in the possession of the trustees of the said charity for upwards of
thirty years, which copies and declaration respectively shall be prepared
and furnished at the expense of the purchaser.

NOTE.

Form No. 13.
(No. 92.) (a)
Conveyance (b).

This form is intended for guidance in preparing the deed of conveyance so far only as it relates to the Official Trustee of Charity Lands. The legal advisers of the trustees or governors must remain responsible for the technical sufficiency of the deed in other respects.

day of

THIS INDENTURE made the
18-, between
Daniel Robert Fearon, Esquire, the secretary for the time being of
the Board of Charity Commissioners for England and Wales, and as
such "the Official Trustee of Charity Lands," hereinafter called the
official trustee, of the first part, A. B., C. D., and E. F., of

in the county of, being the trustees [governors] of the [charit ]
of the second part, and [purchaser] of the third part.

Whereas the parties hereto of the second part, hereinafter referred to as the trustees [governors], are the duly constituted trustees [governors] of the said charit

And whereas [by an order made by the said Board on the day of 18-], [by a Scheme made under the Endowed Schools Acts, and approved by Her Majesty in Council on the

day

day of 18-], the legal estate in the land intended to be hereby conveyed was vested in the official trustee in trust for the charit And whereas, by an order made by the said Board on the of ——————————, 18—, the trustees [governors] were authorized within months from the date thereof, to sell the land described in the schedule thereto (being the land hereinafter mentioned and intended to be hereby conveyed) for not less than £, and to do and execute all proper acts and assurances for carrying the said sale into effect, and to give a conclusive discharge to the purchaser for the purchasemoney to arise from such sale; and by the last recited order the official trustee was ordered and directed to concur in the conveyance of the said land if his concurrence should be required. Now this indenture witnesseth, that in consideration of the sum of £- -paid to the trustees [governors] by the said [purchaser] for the purchase of the feesimple of the said land, the receipt of which the trustees [governors] hereby acknowledge, the said Daniel Robert Fearon, pursuant to the order and direction given to the official trustee by the last-recited Order, and at the request of the trustees [governors], testified by their execution hereof, hereby conveys, and the trustees [governors] as trustees hereby convey and confirm to the said [purchaser] all [parcels] to hold to and to the use of the said [purchaser] in fee-simple.

NOTE.-The official trustee does not enter into any covenants.

(a) See note (a) on p. 789, ante.

(b) See ante, p. 491.

App. II. Form 12.

(Charit. Trusts Act, 1853, s. 24.)

Form of Application for the Authority of the Board for an Exchange.
To the Charity Commissioners for England and Wales.
In the matter of the Charity called*
in the county of

in the

of

The undersigned being thef of the above-named charity, and being of opinion that, under the special circumstances mentioned in the subjoined statement, an exchange of the particular property therein also mentioned, and belonging to the charity, can be effected on such terms as to increase the income thereof or to be otherwise advantageous to the charity, hereby request the Board to inquire into such circumstances; and if after inquiry the Board are satisfied that the proposed exchange will be advantageous to the charity, to authorize such exchange, and to give such directions in relation thereto, and for securing the due investment of the money to be paid by way of equality of exchange (if any) for the benefit of the charity, as the Board may think fit.

State,

1. The mode and date of the appointments of the existing trustees (if any) of the charity, and the number originally appointed.

2. Whether the charity property is legally vested in such
trustees, and, if so, by what conveyance or assurance.

The particular Property hereinbefore referred to, and belonging to
the said Charity, and proposed to be exchanged, is situate in the
township of
in the Parish of
in the County of
and is described as follows:-

:

Description.

Extent.

How let or
occupied.

Present Gross
Annual Value.

Deductions.

The Property proposed to be exchanged for the Lands and Hereditaments herein before described is situate in the township of

in the Parish of
as follows:-

Description.

in the County of

and is described

State,

3. The estate and interest of the charity in the property proposed to be exchanged.

4. Whether the charity is possessed of property in addition to that proposed to be exchanged.

5. The special circumstances under which the exchange is proposed, and the advantages likely to result to the charity therefrom.

6. The name, quality, profession or occupation and address of the person with whom the exchange is proposed to be made. 7. The estate or interest of such person in the property to be given by him in exchange.

8. The manner in which the property to be given in exchange and the property to be received in exchange by the charity have respectively been let or occupied during the last three years; and the amount of the gross and net annual rents or income arising therefrom during the same period.

9. The amount of the money (if any) to be received or paid by way of equality or exchange.

10. The manner in which the money (if any) to be so received by the charity is proposed to be invested and secured, or in which any money to be so paid by the charity is proposed to be raised or provided.

11. The name and address of any surveyor by whom the properties to be given and taken in exchange respectively have been or are proposed to be surveyed and valued on behalf of the charity.

Note. If there is any report or valuation, or map or plan of the properties referred to, the same, or a copy of each, should be sent herewith. The commissioners will, if they think fit, require such properties to be surveyed and valued, and the proposed exchange to be reported on or approved by a surveyor appointed by themselves.

We declare that the foregoing statement is in all respects true, according to our information and belief.

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." + Trustees or persons acting in the administration.

App. II.

Form 14.

Form No. 15.

(No. 1.) (a)

(Charit. Trusts Amend. Act, 1855, s. 22.)

Form of Application for an Order of the Board for the Payment of Money
to "The Official Trustees of Charitable Funds."

To the Charity Commissioners for England and Wales.
In the matter of the Charity called *.

in the county of

in the

of

The undersigned being †, the particulars and trusts of which are stated in the accompanying paper, and being desirous that the

(a) See note (a) on p. 789, ante.

App. II. Form 15.

said sum of

should be paid to the banking account of "The Official Trustees of Charitable Funds," request the Board to issue an order for that purpose.

declare that the above statements are in all respects true. Dated this

day of

18-.

Insert usual name or designation of the charity to which the money proposed to be paid belongs, and, if the charity is local, the name of the parish, township, or place for the benefit whereof it has been founded.

†The applicants should here state in what manner or capacity they are possessed or interested in the money proposed to be paid, and must state the amount.

An extract or copy of the will or deed creating the trust should be sent, if possible, with the application.

§ I or we.

The applicants should here sign their names, adding their professions ar occupations and residences.

Form No. 16.
(No. 2.) (a)

(Charit. Trusts Amend. Act, 1855, s. 22.)

Form of Application for an Order of the Board of Charity Commissioners for England and Wales, authorising the Transfer of Stock to "The Official Trustees of Charitable Funds."

To the Charity Commissioners for England and Wales.

Whitehall, London, S.W.

In the matter of the Charity called*

The undersigned being†

submit the following statements:1. The above charity is possessed of £ per cent. Annuities, standing in the names of §- in the books of the Governor and Company of the Bank of England upon the trusts stated in the accompanying paper. ||

2. For the purpose of security or convenient administration the said annuities ought to be transferred to the account of "The Official Trustees of Charitable Funds," and the arrears of dividends (if any) due thereon should be received and recovered for the benefit of the said charit

3.¶ 4.**

5.tt

Under the foregoing circumstances the undersigned are desirous of obtaining an order of the Board authorising the transfer of the abovementioned sum of £ per cent. Annuities,

Or, if necessary, a like order vesting in "The Official Trustees of Charitable Funds," the right to call for the transfer of and to transfer the same stock,

-.

Into the name of "The Official Trustees of Charitable Funds," in trust for the said charit And also to receive and recover in trust for the said charit —, all dividends accrued from the said annuities which shall be in arrear at the time of such transfer.

declare that the above statements are in all respects true,
information and belief.
day of

according to

Dated this

188-.

* Insert usual name or designation of the charity to which the stock proposed to

(a) See note (a) on p. 789, ante.

be transferred belongs; and if the charity is local, the name of the parish, township, or place for the benefit whereof it has been founded.

† Applications may be made

1. By the person or persons in whose name or names the stock to be transferred stands, or, if they are all deceased,

2. By any of the trustees or persons administering or claiming to administer the charity, or,

3. By any person interested therein, or,

4. By two or more inhabitants of any parish or place within which it is administered or applicable.

The specific capacity of the applicants to be stated.

Insert exact amount and correct description of stock.

Also the names, residences, and descriptions exactly as stated in the bank books of the persons in whose names the stock now stands.

(The stock receipt should also be sent if possible.)

An extract or copy of the deed or will creating the trust should be forwarded with this application, unless the foundation of the charity be already recorded in the Parliamentary Reports, to which reference should then be made.

If any of the stockholders should be dead, their names should be stated here; and it should also be stated whether their deaths have been proved at the Bank of England, either in respect of the above or any other sum of stock. If so, either the bank register numbers marked on the probates of their wills or letters of administration; or, the amount and description of stock in respect of which their deaths have been proved, should likewise be stated. Failing this, certificates of their burial should, if possible, be forwarded with this application.

** State whether it is proposed to transfer the stock by personal attendance at the bank or under power of attorney. In the latter case, if desired, a blank power will be procured and forwarded to the applicants for execution; the cost of the power (11s. 6d.) being paid out of the dividends.

+ State whether there are any dividends at present due, in respect of the said sum of stock, and the amount.

The applicants should here sign their names in full, also their addresses and descriptions.

App. II. Form 16.

Form No. 17.

(No. 93.) (a)

CHARITY COMMISSION.

Memorandum as to the Transfer of Funds affected by Charitable Trusts to "The Official Trustees of Charitable Funds."

Charitable

The Official Trustees of Charitable Funds are empowered to hold in Trusts Act, perpetual succession, stocks, shares, securities, and moneys, which 1855 (18 & 19 devolve upon their successors without transfer or assignment.

Vict. c. 124), s. 18.

By the Charitable Trusts Acts, provision is made for the transfer or Charitable payment to the Official Trustees of Charitable Funds, of stock or Trusts Act, money in trust for a charity, by any person, and especially by trustees 1853 (16 & 17 or other holders of charitable funds,-by the representatives of those Vict. c. 137), persons, and by persons desirous of discharging any legacy or charge 85 given or made to or for the benefit of any charity.

8. 51.

Charitable
Trusts Act,

A payment or transfer may be made to the Official Trustees of Cha- 1855, s. 22. ritable Funds under these provisions, in pursuance of an order of the Charitable Board of Charity Commissioners for England and Wales for that pur- Trusts Act, pose, which furnishes, by express statutory provision, a complete 1855, s. 25. indemnity to all companies and persons making a payment or transfer Charitable or otherwise acting in obedience to it.

Trusts Act,

The official trustees have no power to interfere in the administration 1855, s. 27. of the income, or in the management of any charity, and their duty is Charitable confined to remitting periodically the dividends and income of the Trusts Act, funds standing in their name, free from income tax, by drafts on the Charitable Bank of England, through a banker or otherwise, to or according to Trusts Act,

(a) See note (a) on p. 789, ante.

1853, s. 52.

1855, s. 28.