Denmead War Memorial Hall

Transcript of the trust deed for Denmead War Memorial Hall

THIS TRUST DEED is made the Twenty Ninth day of May One thousand nine hundred and fifty eight BETWEEN GEORGE JAMES MILES of "The White Hart" Denmead in the County of Hants (hereinafter called "the Surviving Trustee") of the first part the said GEORGE JAMES MILES DANIEL de PASS C.B.E. of Forest Gate Hambledon in the County of Hants Captain in the Royal Navy (Retired) IVAN KENNETH ANGELL of "Woodpeckers" Uplands Road Denmead aforesaid Company Secretary and FREDERICK AUGUSTUS MAXWELL WELLS of Hill Barn Hambledon Road Denmead aforesaid Solicitor (hereinafter called "the Trustees") for the second part and the said DANIEL de PASS (hereinafter called "the Chairman") for and on behalf of the members of the Denmead War Memorial Hall Management Committee (hereinafter called "the committee") of the third part.

    WHEREAS:-
  1. This deed is supplemental to a Conveyance dated the First day of March, One thousand nine hundred and twenty and made between James Taylor of the one part and Charles Thomas Stares William Alfred Pearson the Surviving Trustee Frank May William Taylor and Frederick Mullins (hereinafter called "the original Trustees") of the other part being a Conveyance of certain land at Denmead aforesaid and therein more particularly described to the original Trustees in consideration of the sum of Sixty three pounds. paid by the original Trustees to the said James Taylor.
  2. The said sum or Sixty three pounds was provided by the Committee and the said property was conveyed to the original Trustees as Trustees for the Committee as the Surviving Trustee hereby acknowledges
  3. No Trust Deed has been executed heretofore and it has been agreed by the Trustees and the Committee that a Trust Deed to record the objects of the Denmead War Memorial Hall shall be executed.
  4. The said Charles Thomas Stares died on the Seventeenth day of March One thousand nine hundred and thirty eight.
  5. The said William Alfred Pearson died on die Twenty ninth day of November One thousand nine hundred and forty seven.
  6. The said Frank May died on the Twenty fourth day of July One thousand nine hundred and fifty.
  7. The said William Taylor died on the Thirty first day of January One thousand nine hundred and thirty one.
  8. The said Frederick Mullins died on the Fifth day of April One thousand nine hundred and thirty one.
  9. By a Conveyance of even date herewith and made between the surviving Trustee of the one part and the Trustees of the other part the property hereinbefore described was conveyed to the Trustees In fee simple upon trust that the Trustees should sell the said property with power to postpone the sale as therein mentioned and should hold the net proceeds of sale thereof upon the trusts declared by a Deed therein described-meaning this Deed.
  10. By the rules or the Hall it is amongst other things provided that the management or the hall shall be vested in the Committee for the time being thereof and that the property of the Hall shall be vested in trustees who in matters relating to the disposition or dealing with the property of the hall are to act on the direction or a resolution of the Committee for the time being.
  11. A draft of this Deed has been submitted to and approved by the Committee who by resolution dated the Twelfth day of May One thousand nine hundred and fifty eight and entered in the book of minutes of the proceedings of the Committee and signed by the Chairman have directed that the said property until sale and the proceeds or sale there of shall be held by the Trustees in the place of the said Charles William Stares William Alfred Pearson Frank May and Frederick Mullins upon the trust hereinafter declared.
    Now in consideration of the premises This DEED WITNESSETH as follows:
  1. the interpretation of this Deed the following words shall have the following meanrng:
    "the Trustees" means the Trustees or the Trustee for the time being hereof
    "the hall" means the Denmead War Memorial Hall
    "the committee" means the persons for the time being acting or purporting to act as the members of the Management Committee or the Denmead War Memorial Hall.
  2. The Trustees shall hold the said property until sold leased or otherwise disposed of upon trust to permit the same to be appropriated and used as a village hall under the name of The Denmead War Memorial Hall for the religious, social, moral and physical wellbeing of the inhabitants of the Parish of Denmead in the County of Hants and the surrounding district by the provisions of facilities for social and physical training and recreation and for such other charitable purposes for their benefit as shall from time to time be agreed upon by the Committee by any person or persons body or organisation properly authorised by the Committee unless and until the Committee shall otherwise resolve and communicate such resolution to the Trustees.
  3. The Trustees shall not be required to incur any expenditure in respect of the said property unless and until such moneys shall have been provided by the Committee for that purpose and the Committee hereby covenants with the Trustees that it Will keep the Trustees, their estate and effects indemnified from all costs damages expenses claims and demands in respect of the said property and any tenancies to which it may from time to time become subject and will insure the property against fire in the names of the Trustees in some insurance office of repute for such amount as the Committee shall think fit.
  4. The conduct, management and control of the hall shall he vested in the Committee in accordance with the rules set out in the Schedule hereto IN WITNESS hereof the said parties to these presents have hereunto set their hands and seals the day and year first before written.

THE SCHEDULE before referred to

  1. The Committee shall consist of not more than fifteen nor less than seven persons.
  2. In April One thousand nine hundred and fifty nine and thereafter in the month of April in every year the Committee shall call an Annual General Meeting by not less than two weeks notice (to be fixed to the principal outer door of the hall and at least one other conspicuous place in the said Parish) of all the inhabitants of the parish of Denmead of eighteen years of age or upwards for the purpose of receiving the reports and Accounts of the Committee and for accepting the resignation of members of the Committee and for the purpose of electing new members of the Committee and for taking such other action as may be proper.
  3. Members of the Committee shall hold office for three years and shall be eligible for re-election.
  4. Those persons elected as members of the Committee under the rules of the hall in force up to the date hereof shall remain in office but one third of such persons (chosen by ballot) shall resign before the Annual General Meeting in One thousand nine hundred and fifty nine, one-half of the remainder of such persons (chosen by ballot) shall resign before the Annual General Meeting in One thousand nine hundred and sixty and the remainder shall resign before the Annual General Meeting in One thousand-nine hundred and sixty one. Any persons resigning from the Committee under this clause shall be eligible for re-election.
  5. The Officers of the Committee shall consist of a Chairman, Honorary Secretary and Honorary Treasurer who shall be appointed by the Committee.
  6. The Committee shall meet at least once in every year during the month of April and at other times at the request of the Officers.
  7. Any casual vacancy caused by death, resignation or removal of a member of the Committee may be filled by the Committee at their discretion until such appointment is confirmed at the next Annual General Meeting.
  8. At the Annual General Meeting in one thousand nine hundred and fifty nine and thereafter the vacancies on the Committee shall be filled by election from the candidates nominated In accordance with the rules of the hall.
  9. No person shah be eligible to hold office as a member or the Committee unless he shall reside in the said Parish of Denmead and any member of the Committee ceasing so to reside shall not be eligible for re-election at the expiration or his term of office.
  10. The names of the retiring members of the Committee in every year and the date and place or the Annual General Meeting at which the members to fill their places are to be elected shall be kept posted up on the principal outer door of the hall for twenty one days at least before the meeting.
  11. Candidates for appointment as members of the Committee shall be proposed by at least two persons qualified to vote at the Annual General Meeting who shall give to the Committee or as the Committee shall direct notice in writing of their intention in that behalf seven days at least before the Annual General Meeting the names and addresses of the candidate and their proposers shall be posted upon the principal outer door of the Hall.
  12. The proceedings of the Committee shall not be Invalidated by any vacancy among its members or by any defect in the appointment or qualification of any member.
  13. The Committee may from time to time make and alter Rules for the conduct of Its business the management of the hall and for the summoning, conduct and recording in a minute book of its meetings with particular reference to:
    (a)The terms and conditions upon which the Trust Property may be used for entertainments meetings social gatherings arid other purposes and the-sum (if any) to be paid for such use.
    (b) The appointment of Treasurer and such other unpaid officers as it may consider necessary and the fixing of their respective terms of office.
    (c) The engagement and dismissal of such paid officers and servants for the Trust premises as it may consider necessary.
    The number of members who shall Form a quorum at its meetings provided that the number of members who shall form a quorum shall never bit less than a third of the total number of the Committee.
  14. The accounts of the honorary treasurer shall be audited annually by a firm of Chartered or Incorporated Accountants prior to the Annual General Meeting.
  15. (a) All payments in respect of the use of the Trust Property and all donations for the benefit thereof shall be paid by the Committee Into an account (hereinafter called "the Committee Fund") in the name of the Committee at Lloyds Bank Limited Waterlooville Hants or at such other bank as shall from time to time be substituted by the Committee any such substitution to be endorsed upon this Trust Deed with a copy of the resolution relating thereto.
    (b) The moneys standing to the credit of the Committee Fund shall be applied as the Committee shall decide in maintaining repairing and insuring the Trust Property or the furniture and effects therein and in paying rent, rates, taxes, salaries, wages, legal expenses and other outgoings and in providing furniture, equipment, games, books, newspapers, periodicals and other literature and means of recreation and otherwise for the maintenance and improvement of the Trust Property.
  16. The Committee may upon the vote of a majority of its members and subject to the approval of the Annual General Meeting or an Extraordinary General Meeting
    (a) request the Trustees from time to time by mortgage or otherwise to obtain such advance on the security or 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 for the work carried on therein and may continue to repay in whole or in part and from time to time any existing mortgage or charge on the said property
    (b)to sell the property or any part thereof.
  17. The power of appointing new trustees shall be vested in the Committee.


SIGNED SEALED AND DELIVERED by the said
GEORGE JAMES MILES in the presence of

SIGNED SEALED AND DELIVERED by the said
DANIEL de PASS in the presence of

SIGNED SEALED AND DELIVERED by the said
IVAN KENNETH ANGELL in the presence of

SIGNED SEALED AND DELIVERED by the said
FREDRICK AUGUSTUS MAXWELL WELLS in the presence of
(The witness signature is of :
M E Rex, Clerk to
Hobson Thomas Sherwell & Wells,
Solicitors
Portsmouth)