TRUST PROPERTY. ADVISED, that all and every of your meeting-houses, and mansionhouses where meetings are, or may be held, be entered upon record as the law directs: (vid. 1. W. & M. chap. 18. sec. 19) having seen both the service and safety thereof, and the hurt and danger that may come by the omission. 1691. P. E. It is recommended, that whenever any freehold, copyhold, or leasehold property shall be newly acquired for meeting-houses or burial grounds, or for the benefit of quarterly, monthly, preparative, or other meetings, or for any other charitable purpose under the care of friends, the trusts be declared in the deed of conveyance, and that one or other of the following forms be employed, according to the tenure of the property. On any such new acquisition, whether by purchase or gift, a deed indented, sealed, and delivered, by the conveying party in the presence of two credible witnesses, and enrolled in Chancery, within six calendar months after such execution, must constitute, or form part of, the conveyance. If these formalities are not complied with, the conveyance will be void. Note.-It is a common mistake to suppose that the formalities here mentioned, and which are required by the act 9 Geo. II. c. 36, are only necessary on voluntary gifts and not on purchases for charitable purposes. Their omission having been a frequent cause of defect in titles to charity lands, the legislature at length, by 9 Geo. IV. c. 85, interfered to remedy it in all actual purchases for charitable purposes previously made. But as this enactment is only retrospective, the formalities are necessary on all acquisitions, subsequent to the 9 Geo. IV. c. 85. As the 9 Geo. II. c. 36 annuls conveyances for charitable purposes which reserve any benefit to the grantor, it is doubtful whether a rent reserved by a lease is of this description. Friends will do well to avoid the doubt, by taking leases, whether original or renewed, to a third person, and then obtaining an assignment from him; the assignment and not the lease, being the deed to be executed and enrolled, as above described. 1 Registering meetinghouses. 2 Forms of conveyance. Forms of conveyance. Habendum and declaration of trust, in a conveyance of Freehold property. To have and to hold the said premises hereinbefore assured, unto and to the use of the said [Trustees] their heirs, and assigns, for ever, upon trust from time to time, to sell, exchange, or otherwise assure, and in the meantime to mortgage, demise, or let, all or any part or parts of the said premises, to such person or persons for such estate or estates, and for such purposes and in such manner as the persons for the time assembling as the meeting, usually known by the name of " monthly, [or quarterly or other] meeting" of Friends, commonly called Quakers, shall [for better effecting the charitable purposes hereinafter specified, in the case of any special charity] direct by any minute or minutes, to be signed on behalf of such monthly [or quarterly or other] meeting by the person acting at the time as the clerk thereof, and in the meantime, and subject to the trusts aforesaid, upon trust to permit the said premises to be used as a meeting-house, [and burial-ground, &c.] for the use and accommodation of the society of Friends, subject to such regulations as shall be specified by any minute or minutes so to be made as aforesaid, [or in case of a charity, to permit the yearly rents and profits of the said premises to be applied for the &c. stating the charity, &c. subject to such regulations as shall be specified by any minute or minutes so to be made as aforesaid.] And it is hereby declared, that the receipts in writing of the said trustees or trustee for the time being, for any money payable to them or him by virtue of these presents, shall discharge the persons to whom the same shall be respectively given, from being bound to see to the application of the money thercin respectively mentioned to be received, or to ascertain the regularity of any sale, exchange, mortgage, lease, or other disposition or assurance, to be made under the authority of all, or any of the trusts aforesaid, and that no tenant, lessee, mortgagee, purchaser, or other assignee, shall be bound to ascertain or show the existence of any such minute as aforesaid, which might otherwise be necessary to verify the title. Habendum and declaration of trust, in an assignment of To have and to hold the said premises hereinbefore assigned, (subject nevertheless to the reservations and covenants in the said indenture of lease,) unto the said [trustees,] their executors, administrators, or assigns, for all the residue of the said term years, upon trust from time to time, to sell, exchange, or otherwise assure, and in the meantime to mortgage, demise, or underlet, all or any part or parts of the said premises, to such person or persons for such estate or estates, and for such purposes and in such manner as the persons for the time assembling as the meeting of Forms of usually known by the name of “. -monthly [or quarterly, or other] meeting" of Friends, commonly called Quakers, shall [for better effecting the charitable purposes here- conveyance. inafter specified, in the case of any special charity] direct by any minute or minutes to be signed on behalf of such monthly [or quarterly or other] meeting, by the person acting at the time as clerk thereof, and in the meantime, and subject to the trusts aforesaid, upon trust, to permit the same premises to be used as a meeting-house [and burial-ground, &c.] for the use and accommodation of the society of Friends, subject to such regulations as shall be specified by any minute or minutes so to be made as aforesaid, [or in case of a charity, to permit the yearly rents and profits of the said premises, to be applied for the &c. stating the charity, &c. subject to such regulations as shall be specified by any minute or minutes, so to be made as aforesaid.] And it is hereby declared that the receipts in writing of the said trustees or trustee for the time being, for any money payable to them or him by virtue of these presents, shall discharge the persons to whom the same shall be respectively given, from being bound to see to the application of the money therein respectively mentioned to be received, or to ascertain the regularity of any sale, exchange, mortgage, underlease, or other disposition or assurance, to be made under the authority of all or any of the trusts aforesaid; and that no tenant, lessee, mortgagee, purchaser, or other assignee, shall be bound to ascertain or show the existence of any such minute as aforesaid, which might otherwise be necessary to verify the title. Covenant to surrender Copyhold property. And the said [vendor or other surrenderor,] doth hereby for himself, his heirs, executors, and administrators, covenant with the said [trustees] their heirs and assigns, that he, the said [vendor or other surrenderor,] will, at or before the next court, to be holden for the manor of surrender into the hands of the lord or lady of the said manor, all, &c. [the copyhold property,] and the appurtenances, to hold the said premises hereinbefore covenanted to be surrendered as aforesaid unto the said [trustees,] their heirs and assigns, at the will of the lord or lady of the said manor, according to the custom of the said manor, by the rents and services therefore due and of right accustomed, but nevertheless, upon trust, (in conformity with the custom of the said manor,) from time to time, to sell, exchange, or otherwise assure, and in the meantime mortgage, demise, or let all or any part or parts of the said premises, to such person or persons, for such estate or estates, and for such purposes and in such manner, as the persons for the time assembling as the meeting, usually known by the name of -monthly [or quarterly, or other] meeting" of Friends, commonly called Quakers, shall [for better effecting the charitable purposes hereinafter specified, in the case of any special charity] direct by any minute or minutes, to be signed on behalf of such monthly [or quarterly, or other] meeting, by the person acting at the time as clerk thereof, and in the meantime, and subject to the trusts aforesaid, upon trust to permit the said premises 66 to Forms of to be used as a meeting-house, [and burial-ground, &c.] for the use and accommodation conveyance. of the society of Friends, subject to such regulations as shall be specified by any minute or minutes so to be made as aforesaid, [or in case of a charity, to permit the yearly rents and profits of the said premises to be applied for the &c. stating the charity, &c. subject to such regulations as shall be specified by any minute or minutes so to be made as aforesaid.] And it is hereby declared that the receipts in writing of the said trustees or trustee for the time being, for any money payable to them or him by virtue of these presents, shall discharge the persons to whom the same shall be respectively given, from being bound to see to the application of the money therein respectively mentioned to be received, or to ascertain the regularity of any sale, exchange, mortgage, lease, or other disposition or assurance, to be made under the authority of all or any of the trusts aforesaid; and that no tenant, lessee, mortgagee, purchaser, or other assignee, shall be bound to ascertain or show the existence of any such minute as aforesaid, which might otherwise be necessary to verify the title. Surrender of Copyhold property to be entered on the rolls of the manor. At this court came [the vendor or other surrenderor,] one of the customary tenants of this manor, and in consideration of the sum of to him in hand paid by [the day of , trustees,] surrendered into the hands of the lord of this manor, by the hands and accept- accommodation of the society of Friends, subject to such regulations as shall be specified by any minute or minutes, so to be made as aforesaid: [or in case of a charity, &c. to permit the yearly rents and profits of the said premises to be applied for the, &c. stating the charity, &c. subject to such regulations as shall be specified by any minute or minutes, so to be made as aforesaid.] Provided always, that the receipts in writing of the said trustees or trustee, for the time being, for any money payable to them or him by virtue of this surrender, or the trusts thereof, shall discharge the persons to whom the same shall be respectively given from being bound to see to the application of the money, therein respectively mentioned to be received, or to ascertain the regularity of any sale, exchange, mortgage, lease, or other disposition or assurance, to be made under the authority of all, or any of the trusts aforesaid; and that no tenant, lessee, mortgagee, purchaser, or other assignee, shall be bound to ascertain or show the existence of any such minute as aforesaid, which might otherwise be necessary to verify the title. Forms of conveyance. Whenever an appointment of new trustees of any real or personal property belonging to, or under the direction or care of, a quarterly, monthly, preparative, or other meeting, may become desirable, either from reduction of the existing trustees who are solvent members of our society, and resident within the united kingdom, to two, or from other circumstances, it is recommended that such appointment be speedily made, and the trust property legally transferred accordingly. Of course, this recommendation is not to interfere with any special provision for appointing trustees, made at the original creation of the trust. trust. In transfers to new trustees, forms similar to the foregoing may, in general, be used. But in these cases, the two following cautions should be attended to. First, that where there has been any previous declaration of trust, especial care be taken not in any way to alter the In these cases the forms must only be followed as far as the circumstances of the case will properly admit. Secondly, that where the title to the trust property is imperfect, either from want of enrolment, or from the form of a previous declaration of trust, it may be expedient to keep the declaration of trust distinct from the conveyance to the new trustees where this is practicable. 3 Change of trustees. 4 |