such Deed, of the Lands before belonging to the Charity, and so conveyed in Exchange; and the Delivery of Possession to the Trustees or Trustee of the Charity, of the Lands, Tenements or Hereditaments so conveyed to them in Exchange, and the Execution of both Parts of such Deed by the several Parties thereto, and the signing of such Authority for Delivery of Possession, shall be attested by Two or more credible Witnesses, which Attestation or Attestations shall be indorsed on both Parts of such Deed; and the Attestation of the Execution of such Deed by the Trustees or Trustee of the Charity Lands, Tenements, or Hereditaments thereby conveyed, shall express that both Parts of such Deed were signed by the Bishop before the Execution thereof by such Trustees or Trustee; and a Transcript of such Authority for Delivery of Possession, and of such several Attestations as aforesaid, shall be entered in the Registry of the Diocese, and one Part of such How Deeds Deed shall remain with such Trustees or Trustee, for the Benefit disposed of. of the Charity, and the other Part shall be delivered to the Person or Persons, Body Politic or Corporate, to whose Use the Charity Lands, Tenements or Hereditaments shall be thereby conveyed in Exchange. : Before issuing Commission Notice of intended Exchange to be given in News Three Months' stating Particulars, &c. V. Provided also, and be it further enacted, That before any such Commission shall issue to make Inquiry touching any Exchange intended to be made under the Provisions of this Act, Three Months' previous Notice shall be given of the Intention to propose such Exchange, by inserting the Particulars, Extent and Situation, and the Tenure of the Lands, Tenements or Hereditaments respectively proposed to be given and taken in Exchange, papers, &c. for Three successive Weeks in some one and the same Newspaper generally circulating in that Part of the Country where the Lands, Tenements or Hereditaments proposed to be exchanged shall be situated; and also by affixing such Notice in Writing on a conspicuous Part of the Door of the Church or Chapel of each Parish or Chapelry wherein such Lands, Tenements or Hereditaments, or any Part thereof, shall be situated, on Three successive Sundays whereon Divine Service shall be performed, and shortly before the Commencement of such Service in each Church or Chapel. filled Trustees to be up prior to any Application for an VI. And Whereas in some cases where there were originally Two or more Trustees of Charity Lands, Tenements or Hereditaments proposed to be exchanged under the Authority of this Act, the Number of Trustees may have been reduced by Death or otherwise; Be it further enacted, That in such cases the Vacancies of Vacancies of Trustees shall be filled up in the usual Manner, prior to any Application for an Exchange pursuant to this Act, except in such cases in which the Number of Trustees living and capable of acting shall be Six or more, in which cases the Majority in Number of Exchange, unTrustees living and capable of acting shall signify their Consent less when there to any proposed Exchange in Writing, by signing the Application are Six or more to the Bishop to authorize such Exchange as aforesaid; and when the original Trustees shall have been fewer in number than Six, and more than Three, then the Consent of not less than Four of such Trustees shall be so signified to the Bishop; and if the original Trustees shall have been only Three or Two, then the Consent of all the Trustees shall be signified by all of them; or if there shall have been originally only One Trustee, then the Z 4 Consent Trustees. Number of Trustees ne Consent. Consent of the sole Trustee for the Time being shall be so signified; and if any Body Politic or Corporate shall be a Trustee for any such Charity Lands, Tenements or Hereditaments, then cessary to give such Consent shall be signified under the Seal of the Corporation, whether a Corporation Aggregate or Sole, having a Corporate Seal, and such Signatures, and the affixing of such Seals respectively, shall be attested by Two or more credible Witness or Witnesses. In what cases Bishop may appoint Trustees in cases of Exchange. Confirmation of Conveyance, how and by whom obtained. Exchanges may be effected, though Trustees may be Proprietors of the Lands to be given in Exchange. VII. And Whereas in some cases it may not appear in whom Lands, Tenements or Hereditaments subject to Charitable Purposes may be vested, and there may be therefore no Person capable of acting touching any such Exchange as aforesaid, om Behalf of the Charity; Be it further enacted, That in all such cases it shall be lawful for the Bishop of the Diocese in which such Lands, Tenements or Hereditaments shall be situate, upon sufficient Proof of the Fact, by Instrument in Writing under his Hand and Seal, to nominate proper Persons to act as Trustees on Behalf of the Charity, for the Purposes of such Exchange, before any other Proceedings shall be had touching such Exchange; which Trust the Person so nominated shall accept, by executing such Instrument, before they shall act in such Trust; and thereupon it shall be lawful for such Trustees to do all Things necessary for the Purpose of such Exchange, as if the Lands, Tenements and Hereditaments subject to such Charitable Purposes had been duly vested in them for such Purposes, and to convey the Charity Lands proposed to be exchanged under the Authority of this Act: Provided always, that if it shall at any time afterwards appear in whom such Lands or Hereditaments were actually vested at the Time of such Exchange, it shall be lawful for the Person or Persons, Body Politic or Corporate, in whom the same shall be then vested by means of such Exchange, to obtain, at his, her or their own Expence, a Confirmation thereof by Conveyance from the Person or Persons, or their Heirs, in whom it shall appear the same were so vested at the Time of such Exchange; but the Defect of Title of the Trustees so to be nominated by the Bishop as aforesaid shall not prejudice the Title to the Lands, Tenements or Hereditaments received in Exchange in Trust for such Charitable Purposes as aforesaid, but the same shall be held and enjoyed for such Charitable Purposes, notwithstanding the Lands, Tenements or Hereditaments originally subject to such Charitable Purposes, and so given in Exchange, were not vested, except by the Authority of this Act, in the Persons who may have conveyed the same in Exchange under the Authority of this Act. VIII. And Whereas Doubts may arise whether under the Provisions of this Act an Exchange might be legally effected where any Trustee or Trustees of Charity Lands, proposed to be given in Exchange, should also be the Proprietor or Proprietors of the Lands for which such Charity Lands should be so proposed to be given in Exchange; Be it therefore enacted, That under and according to the several Restrictions, Declarations and Provisions hereinbefore expressed, and subject thereto, but not otherwise, it shall and may be lawful for any Trustee or Trustees of any Lands, Tenements or Hereditaments vested in him, her or them, either alone or jointly with any other Trustee or Trustees for any Charitable ་་ Charitable Purpose or Purposes, to convey or join in conveying, as the case may be, any such Trust Lands, Tenements or Hereditaments, in lieu of and in Exchange for any other Lands, Tenements or Hereditaments of which he, she or they shall be seised in Fee, to and for his, her or their own Use and Benefit: Provided Bishop, in such always, that in every such case the Bishop to whom Application cases, to apshall be made for any such Exchange, shall, upon such Application, who have no point Trustees and before any other Proceedings touching such Exchange, nomi- Interest in the nate and appoint some proper Person or Persons, having no Interest in such Exchange, to act as Trustee or Trustees on the Behalf of the said Charity, in the Matter of such Exchange, in the Place and Stead of the Trustee or Trustees who by reason of such Interest as aforesaid shall be disqualified to act therein; and the Concurrence of the Person or Persons, so to be appointed to act as temporary Trustee or Trustees as aforesaid, shall be necessary in all subsequent Proceedings relating to such Exchange. IX. Provided always, and be it further enacted, That in case the Title of any Person or Persons, Body Politic or Corporate, by whom any Lands, Tenements or Hereditaments shall be attempted to be conveyed in Exchange for any Charity Lands, Tenements or Hereditaments, shall at any time appear to be in any manner defective, so that such Lands, Tenements or Hereditaments shall in the Whole or in part be recovered from the Trustees or Trustee, Body Politic or Corporate, in whom the same shall have been vested or attempted to be vested in Exchange under the Authority of this Act, or shall be in any manner charged or incumbered, then and in such case the Trustees or Trustee, Body Politic or Corporate, in whom such Lands, Tenements and Hereditaments, or any Part thereof, ought to have been vested indefeasibly for Charitable Purposes as aforesaid, shall enter on the original Charity Lands, Tenements or Hereditaments conveyed in Exchange as aforesaid, and hold the same according to the original Right before the Exchange, for the Benefit of the Charity, in case the Lands, Tenements or Hereditaments intended to have been vested by way of Exchange for the Purposes of the Charity shall be wholly evicted, or in case the same shall be partially evicted, or in any manner incumbered, then to hold the same for the Purpose of indemnifying the Charity against the Consequences of any such partial Eviction or any such Incumbrance, and until full Satisfaction shall have been made to the Charity, for any Defect of Title in the Lands, Tenements or Hereditaments conveyed in Exchange for the original Charity Lands, Tenements or Hereditaments as aforesaid, and all Costs, Charges and Expences incurred by the Charity in consequence thereof. X. And be it further enacted, That no Part of the Expences attending any Exchange to be made in pursuance of this Act, shall be borne by or paid out of the Funds of any Charity, unless it shall be made appear to the Bishop of the Diocese, upon Application for such Exchange as aforesaid, that such Exchange is solely intended for the Benefit of such Charity, and not for any other Purpose, and is in respect of such Convenience advantageous to the Charity, notwithstanding any Expence which may be incurred in effecting the same; and then so much of such Expences only shall be borne by and discharged out of the Funds of such Charity as such Bishop shall Lands. Proviso respecting Evic tion in case of defective Title. Expences at. tending Exchanges how to be paid. the Diocesan not affected in cases of exempt Jurisdictions. shall find to be just and reasonable, and shall, by Instrument under his Hand, allow and declare to be, in his Opinion, an Expence incurred for the Benefit of the Charity, and such as ought to be discharged out of the Funds of such Charity. cese XI. And Whereas Charity Lands, Tenements or Hereditaments may be within some peculiar or exempt Jurisdiction; Be it further Proceedings of enacted, That in such case the Application for an Exchange under the Authority of this Act shall be made to the Bishop of the Diowithin which the Charity Lands, Tenements or Hereditaments proposed to be exchanged shall be situate, and not to any other Authority claiming such peculiar or exempt Jurisdiction; and the Bishop of such Diocese shall proceed in the same manner, in such case, as if such Charity Lands, Tenements or Hereditaments were to all Intents and Purposes within his Jurisdiction as Diocesan; and in case any such Charity Lands, Tenements or Hereditaments shall be within Two or more Dioceses, then and in such case Application shall be made to the several Bishops of such several Dioceses, to direct before which of such Bishops the Proceedings touching any such Exchange shall be had, and such Bishops shall accordingly direct before which of such Bishops such Proceedings shall be had; and thereupon such Proceedings shall be had before such Bishop in the same manner as such Proceedings might have been had if all such Charity Lands, Tenements or Hereditaments had been within the Diocese of such Bishop. An Act for vesting all Estates and Property, occupied by or WHEREAS divers Manors, Messuages, Lands, Tenements and Hereditaments, have been at various times purchased for the Use of the several Departments of or belonging to the • Naval Service of this Kingdom, and conveyed to several differ⚫ent Persons in Trust for His Majesty and His Royal Predecessors, ' and His and their Heirs and Successors, and the same have been placed under the Charge of the said several Departments respectively: And Whereas it may be expedient that such Parts ⚫ of the said Manors, Messuages, Lands, Tenements and Hereditaments, as may not be wanted for the Use of the said Service, should from time to time be sold and disposed of: And Whereas for effectuating such Sales it is necessary that all and every the ' said Manors, Messuages, Lands, Tenements and Hereditaments, so already purchased or used and occupied by or for the said Service, and all other Messuages, Lands, Tenements and Here• ditaments that may be hereafter purchased or in any manner used and 'occupied by or for the said Service, should be vested in the principal Officers and Commissioners of His Majesty's Navy 'for the time being;' Be it therefore enacted by The King's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present fore purchased Parliament assembled, and by the Authority of the same, That. immediately Lands hereto Commissioners immediately from and after the passing of this Act, all Manors, or taken for the Messuages, Lands, Tenements and Hereditaments, which have Purposes of the been heretofore purchased or taken by or in the Name of any Per- Navy vested in son or Persons, in trust for His Majesty or His Royal Predecessors, of the Navy. and His or their Heirs and Successors, for the Use of all or any of the several Departments of or belonging to the Naval Service of this Kingdom, by whatever Mode of Conveyance the same shall have been so purchased or taken, either in Fee or for any Life or Lives, or any Term or Terms of Years, or any other or lesser Interest, and all Erections and Buildings which now are or which shall or may be hereafter erected and built thereon, together with the Rights, Members, Easements and Appurtenances to the same respectively belonging (other than and except such Messuages, Exception. Lands, Tenements and Hereditaments as may be of Copyhold Tenure), shall be and become and remain and continue vested in the principal Officers and Commissioners of His Majesty's Navy for the time being, and their Successors in the said Office, according to the respective Nature and Quality of the said Manors, Messuages, Lands, Tenements and Hereditaments, and the several Estates and Interests of and in the same Hereditaments respectively, in Trust for His Majesty, His Heirs and Successors, for the Service of the said several Departments of the said Naval Service, or for such other Public Service or Services as His said Majesty, His Heirs or Successors, shall from time to time by any Order in Council be pleased to direct. II. And be it further enacted, That from and after the Purchase and Conveyance, Grant or Demise thereof, all other Manors, Messuages, Lands, Tenements and Hereditaments (other than and except as aforesaid), which shall at any time or times hereafter be purchased by the Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland for the time being, or the principal Officers and Commissioners, of His Majesty's Navy for the time being, or the Commissioners for victualling His Majesty's Navy for the time being, or by any other Person or Persons by their respective Order for the Service of the said several Departments of the said Naval Service or any of them, and all Erections and Buildings which shall then or which may thereafter be erected and built thereon, with the Rights, Members, Easements and Appurtenances to the same respectively belonging, shall in like manner be and become, and remain and continue vested in the principal Officers and Commissioners of His Majesty's Navy for the time being, and their Successors in the said Office, according to the respective Nature and Quality of the said Manors, Messuages, Lands, Tenements and Hereditaments, and the several Estates and Interests of and in the same respectively, in Trust as aforesaid. Lands to be hereafter pur chased (Exception) also missioners of the Navy. vested in Con Commissioners : III. And be it further enacted, That upon the Death, Resigna- Lands to contion or Removal of the present principal Officers and Commission- tinue so vested ers of His Majesty's Navy or of any of them, or of any future such in Successors of principal Officers and Commissioners, all such Manors, Messuages, dying, &c. Lands, Tenements and Hereditaments respectively, (other than (Exception.) and except as aforesaid,) shall become vested in and be held by the succeeding principal Officers and Commisioners of the Navy, and so in perpetual Succession, according to the respective Nature and Quality |