(B).

No. 1.

Trust Deed for a Dissenting Chapel, by Lease and Release (a).

THIS INDENTURE, made, &c.

BETWEEN [the

Parties.

Vendor] of the one part, and [the Trustees] of the

other part. WHEREAS, &c. [recital of Vendor's Recitals.

title and contract].

Now THIS INDENTURE WIT

ConsideraNESSETH, that in pursuance of the said agreement, tion. and in consideration of the sum of- −l., &c. (b), by the persons, parties hereto, of the second part, to the [Vendor], paid, &c. in full, for the purchase, &c., the receipt, &c., the said [Vendor] HATH granted, bargained, sold, aliened, released, and Operative confirmed; and, by these presents, DoтH, &c., unto the said [Trustees], and all other persons, (if any), parties hereto of the second part, in their actual

(a) A conveyance for a charitable purpose should, in all practical cases, be made by lease and release, founded on an actual purchase for where made by bargain and sale on a gift, if the donor is insolvent at the time, or dies within twelve calendar months next after the execution of the deed, it becomes void. A bargain and sale, where necessary, as likewise a conveyance by lease and release, must be by indenture, executed in the presense of two or more credible witnesses, and be enrolled within six calendar months afterwards at the latest, to comply with the stat. 9 G. 2, c. 36; and in the case of a bargain and sale, within six lunar months, where lands of freehold tenure, and for a freehold estate are conveyed, and no lease for a year is used, to comply with the stat. 27 H. 8, c. 16; and conveyances of property in the counties of York and Middlesex should be immediately registered, to comply with the statutes in that behalf.

(b) Where the conveyance is founded on a gift, a mere nominal consideration must be inserted.

words.

Parcels.

possession now being, &c., (setting out lease for a year), their heirs and assigns. ALL, &c. (a) [here Habendum. describe the property to be conveyed], TO HAVE and TO HOLD the said [premises], with their appurtenances, UNTO, and TO THE USE of the said [Trustees], and all other persons, (if any), parties hereto, of the second part, their heirs and assigns, for ever. UPON THE TRUSTS, and for the ends, intents, and purposes hereinafter expressed and declared, of and concerning the same: that is to say, UPON TRUST, First set of that the said Trustees, for the time being, or the survivors or survivor of them shall, as soon as conveniently may be, after the execution of these presents, out of the monies now or thereafter possessed by them or him, for that purpose, erect, or permit to be erected, on the said [premises], hereby

trusts.

To erect.

(a) Freehold and leasehold may be comprised in the same deed, and even in the same clause. But there should be two clauses of habendum, one for the freehold, the other for the leasehold; and there must be no power of revocation, reser vation, trust, condition, limitation, clause, or agreement for the benefit of the donor or grantor. In case of leasehold, the original lease should be recited, and the habendum be to the trustees, their executors, administrators, and assigns, for the residue of the term, And as a provision for a future purchase of the fee for the benefit of the trust, a clause might be inserted, enabling the trustees to assign, in order to protect the inheritance. In case of copyhold, add, AND THIS INDENTURE FURTHER WITNESSETH, that for the considerations aforesaid the said [vendor] did, on the day of the date of these presents, (being a surrender in effect, but an indenture in form) personally go before the steward of the manor of

, in the

county of
and out of court by the rod, surrender out
of his hands into the hands of the [lord] of the said manor,
by the hands and acceptance of the said steward, according
to the custom of the said manor, ALL, &c., TO THE USE of the
said [trustees] and all other persons (if any), parties hereto,
of the second part, their heirs and assigns for ever, UPON THE
TRUSTS, &c.

to be used.

granted and released, [a chapel, vestry room], and such other offices as they may deem necessary for the purposes hereinafter mentioned; and shall, from time to time, and at all times thereafter, permit the To permit said [chapel, &c.] so erected, to be used, occupied, and enjoyed, as a place of public religious worship, for the service of God, by Protestant Dissenters, of the denomination, &c., and acknowledging and maintaining the doctrines and practice, &c. (a). AND UPON FURTHER TRUST, to raise, if they shall To mortthink proper, by mortgage or annuities, chargeable upon the said premises, or any part thereof, such sum or sums of money, as may be necessary to complete the erection and fitting up of the said [chapel, &c.], and to carry on the worship of God

(a) Great care should be taken in describing the religious tenets for the inculcation of which the trust is created.

:

The following forms are frequently required :

Permit and suffer the said piece of ground to be, from time to time, and at all times hereafter, used as a burial place for the interment of deceased members of the said society of Protestant Dissenters and others, according to the regulations to prescribed by a majority of the men-members for the time being of the church or society attending the said chapel, duly assembled in church-meeting for that purpose."

say,

If the premises are intended to be used as an academy,

"Permit and suffer the said messuage or fenement, and hereditaments, hereby granted and released, to be used, occupied, and enjoyed, as and for an academy, or school, or place of classical and religious instruction for young men, devoted to the ministry among Protestant Dissenters; or otherwise, in such manner, and under such regulations, and with full power to alter and vary such regulations, as a majority of the Trustees, for the time being, together with a majority of the men-subscribers, for the time being, to such academy, who shall have been subscribers thereto for [twelve] preceding calendar months, shall, at any public meeting to be convened for such purpose, and held after a week's previous notice thereof, from time to time, order and direct."

P

gage.

To appoint therein. AND also, from time to time, until a

Ministers.

a Treasurer.

church or society shall be formed, as hereinafter mentioned, to appoint suitable ministers, acting and maintaining the doctrines and practice aforesaid, to preach and perform the usual acts of religious worship in the said chapel, and to remunerate them out of the trust funds, as they, the said Trustees, shall To appoint think fit. AND it is hereby declared and agreed, that, so soon as conveniently may be, after the execution of these presents, and on the Monday in every year, or within fifteen days after that day, until a church or society shall be formed, as hereinafter mentioned, a meeting shall be held by the Trustees for the time being, for the purpose of choosing a treasurer; and the person then chosen for that purpose, by a majority of the said trustees then present, shall be treasurer of the funds of the said trust, until the appointment of a new treasurer, at the next annual meeting; and shall receive and take all monies, subscribed and paid by any person or persons, towards the erection of the said [chapel, &c.], or the support of the public worship of God therein, or for any other of the purposes of this trust. And such treasurer shall keep a book of accounts, in which shall be regularly entered all receipts and disbursements, and all debts due and owing to, from, or on account of the said trust premises, which said book shall be, at all seasonable times, open to the inspection of the trustees for the time being, and at each of the said annual meetings, shall be examined, and (if correct), allowed by the trustees then present. AND it is hereby further declared and agreed, that

the said monies so collected and received as aforesaid, shall be applied, in the first place, to the payment of all government and parochial or other rates and taxes of right payable, and premiums of insurance due, in respect of the said trust premises: in the next place, to the repayment, with lawful interest, of all monies, and to the reimbursement of all costs and expenses, lawfully expended or incurred by the said Trustees, in the due execution of the trusts hereby in them reposed in the third place, to the discharge of all necessary costs and expenses, from time to time incurred, in repairing, cleansing, lighting, and attending, the [chapel, &c.] so erected as aforesaid, and in decently conducting therein the worship of God. And lastly, to the discharge of all mortgages, annuities, or other incumbrances on the said trust premises, made or granted pursuant to the power hereinbefore given to the Trustees for the time being, for that purpose. AND it is hereby further declared To sell, &c and agreed, that if, at the expiration of

years from the date hereof, a church or society, consisting of at least men members, acting and maintaining the doctrines and practice aforesaid, shall not be formed, having the said [chapel] for their usual place of worship, it shall be lawful for a majority of the Trustees, for the time being, acting in the trusts hereof, at their discretion, either to continue the worship of God, under their own direction and management, until such a church or society is formed, but subject, nevertheless, to the provisions hereinbefore made respecting doctrine and practice, or otherwise absolutely to sell and dispose of the said