TO ALL TO WHOM THESE
PRESENTS SHALL COME TERESA RICHARDSON CROMPTON of Leyfield
Kirkby Lonsdale near Carnforth
in the County of Lancaster Widow and WILLIAM CLAYTON of Woodlake House Tattenhall in the County of Chester Retired Bank
Manager (hereinafter referred to as "the Settlors")
SEND GREETING -
WHEREAS
(I) The Settlors are seised
in fee simple free from incumbrances of the
piece of land described in the First Schedule hereto AND WHEREAS it is
desired that the said piece of land and the buildings erected or to be erected
thereon shall be held upon the trusts and subject to the provisions hereinafter
expressed for use by the inhabitants of the Townships of Upton by Chester Bache
Caughall Moston Wervin and that portion of the Township of Newton lying
within the ecclesiastical Parish of Upton (hereinafter referred to as the
"Combined Townships") in the County of Chester ----------
THESE
PRESENTS WITNESS that in consideration of the premises it is hereby declared as
follows :-
1. The Settlors shall and will henceforth
stand and be seised of and interested in the said
piece of land comprised in the First Schedule hereto upon trust to permit the
same and any building or buildings erected or to be erected thereon to be used as a place of recreation or to
serve any religious educational or other charitable purpose under the name of "The Upton Village Hall"
for the advantage or benefit of their inhabitants of the Combined Townships.
2. The trust premises and all buildings thereon shall be in
all respects under the management and control of the Board of Management
(constituted as hereinafter mentioned and hereinafter referred to as "the Board") who shall from
time to time direct for which of the purposes hereinbefore mentioned and in
what manner the same shall be used and the Board shall have power in particular to cause or permit
buildings on the trust premises to be insured or to be pulled down enlarged
rebuilt altered repaired or otherwise improved.
3. The Board as between themselves and the Settlors shall be responsible for the general upkeep of the
said trust premises and shall keep any buildings and fences for the time being
standing thereon fully repaired and insured against damage by fire to the full
insurable value thereof and shall pay and discharge all rates taxes duties
charges or assessments or other outgoings whether parliamentary parochial local
or of any 'other description which now are or at any time hereafter may be
assessed charged or imposed upon the
said trust premises or any buildings thereon or upon the owners or occupiers In
respect thereof
4. It shall be
lawful for the Board to let any part or parts of the said trust premises either
gratuitously or in consideration of money payment and. subject to such stipulations
and conditions as they may think fit and to accept surrenders of tenancies
Provided always that the power of letting for more than three months shall not
be exercised without the consent in writing of the Settlors
5. The Board shall be constituted and regulated in accordance with the provisions set
out In the Second Schedule hereto.
6. The Settlors shall be entitled
to pay and discharge or to be reimbursed out of the capital or income of the
trust premises all costs charges expenses and liabilities incurred by them In
respect of the trust premises of and incidental to the purchase thereof the
diversion of a footpath adjoining the same and of and incidental to the
execution of these presents and of all matters and things connected with the
trust premises.
7. Subject to
the repayment thereout to the Settlors
of any moneys due to them and referred to in Clause 6 hereof the net income
arising from the said trust premises shall be applied in providing such
furniture literature and other articles and things to be used therein or in
connection therewith as the Board may think fit and subject thereto such net
Income shall be applied in improving the said trust premises or enlarging or
rebuilding any buildings thereon or in purchasing any land or buildings or in
erecting other buildings such land or buildings to be situate within the
Combined Townships to be used for any of the purposes mentioned In Clause 1
hereof and in accordance with the terms and provisions of these presents.
8. The Board may accept subscriptions donations or legacies as an Endowment Fund in connection with the said trust premises and the same shall be inyested in the names of the persons in whom the legal estate of the said trust premises shall for the time being be vested in any investments for the time being authorised by law for the investment of trust funds and such persons may from time to time at their discretion vary such investments the income of such Endowment Fund shall be applied in the same manner as the net income referred to in Clause 7 hereof - - - -
9. All members of the Board who shall be eligable for reelection shall retire annually at the Annual
General Meeting to be held at some convenient date in the month of November of
which one weeks notice to be affixed to some conspicuous place or places in the
Combined Townships shall be given and at which meeting the inhabitants of such
Combined Townships of the age of'eighteen years or
upwards of either sex shall meet for the purpose of appointing members of the
Board for the ensuing year In the event of a vacancy arising through the death
resignation or removal of a member of the Board elected by the Annual General
Meeting the Board shall have power to fill such vacancy until the next
Annual General Meeting - - -
10.
The proceedings of the Board shall not be invalidated bv any vacancy among its Members or by any defect in the appointment or
qualification of any member.
11. All payments in respect of the use of the trust
property and all donations for the benefit thereof shall be paid into a Trust
account at the Bank at ___________ or at such other
Bank as shall from time
to time be substituted therefor by the Board.
12. The Board shall provide the Settlors
with sufficient funds to meet all such expenditure (if any) In connection with the
trust property as the Settlors may be liable for and shall keep the Settlers
indemnified against all liability (if any) In respect thereof - -
13. The Board with the consent of the Settlors
may upon the vote of a majority of Its Members and (when necessary) with the
consent of, the Minister of Education from time to time by Mortgage or
otherwise obtain such advances on the security of the Trust Property or any
part thereof as may be
required for maintaining extending or improving the same or any part thereof or
erecting any building thereon or the work carried on therein and may continue
or repay in whole or In part and from time to time any
existing Mortgage or Charge on the said premises.
14. The Settlors with the
approval of the Board may be at liberty to apply to the Charity Commissioners
through \the Minister of Education for an Order or Orders of the Charity
Commissioners for England and Wales vesting in theOfficial
Trustee of Charity Lands and transferring to the Official Trustees of
Charitable Funds respectively the Legal Estate in the trust premises and all
Stocks Shares Funds and Securities at any time held as Endowments in connection
with the trust premises ------
IN WITNESS whereof the Settlors have here unto set their respective hands and seals this fourteenth day of December 1953.
THE FIRST SCHEDULE
above referred to
All
that piece.or parcel of land situate at Upton in the
County of Chester containing- in area Two thousand and sixtv
six square yards or thereabouts being the North Eastern Corner of the field
Numbered 138 on the Ordnance Survey Map 1911 Edition of the said Parish
Together with the Upton Village Hall erected thereon or on some part thereof
THE SECOND SCHEDULE above referred to
Regulations Governing the Constitution of the
Board
of Management and their Proceedings
1. The Board shall consist of not more than forty Members
nor less than fifteen Members - -
2.
There shall be at least one Ordinary Meeting of the Board in each year for
transacting any business in connect or with the said trust premises which the
Board is hereby empowered to transact and such Annual Ordinary Meeting shall be
held on some convenient day in the month of November in each year and in case
at any time matters arise requiring the consideration of the Board Meetings
thereof shall be convened for the transaction of such business -
3. Seven clear days notice shall be given of all Meetings of
the Board and such notice shall be deemed to have been duly given if the same
shall have been posted by ordinary post letter addressed to each member of the
Board at their last known address in England - . -
4. Ten Members of the Board present at any Meeting shall form a quorum.
5. The Board shall forthwith elect the following Officers who
shall be elected annually at the
Annual Meeting namely (a) a
Chairman (b) a Vice-chairman (c) a Treasure and (d) a Secretary Provided that
If the Board by resolution so determine the office of Treasurer and Secretary
may be held by one person.
6. At the Annual Meeting of the Board the Board may elect
an Executive Committee consisting of such and so many of their members as they shall from time to time
determine.
7. Minutes of proceedings of every Meeting of the Board
shall be entered into a book or books to be provided for that purpose and
signed by the Chairman of such Meeting or of the next following Meeting when
they shall have been read and when so entered read and signed shall be
conclusive evidence .of the business and of matters transacted at such Meeting.
8. The voting at a Meeting of the Board shall be by a show of hands or by Ballot as the Board shall
determine and upon an equality of Votes the Chairman shall have an additional
or casting vote.
9. The Board may from time to time by resolution passed by
a majority of not less than two-thirds of its members make supplementary
regulations or vary the foregoing regulations with regard to their constitution
and the conduct of their business and may make regulations and from time to
time vary the same for governing the proceedings of the Executive Committee
-------
SIGNED SEALED AND
DELIVERED by the)
said Teresa Richardson Crompton )
in the presence of:-
J E Ingle Leyfield Lodge Kirkby Lonsdale
(Ret Gardener)