Go back to normal view

 

Trust Deed

Trust Deed of the Bromborough Church Institute

This Indenture made the seventeeth day of March 1908 between RICHARD HOBSON, of the Marfords, Bromborough, in the County of Cheshire, Esquire, of the one part and the RECTOR of Bromborough (the Reverend ALBERT SPAFFORD), the CHURCHWARDENS, (Snr WILLIAM BOWER FORWOOD and EDMUND JOHNSTON) and Major GERALD WALTON HOBSON, JOHN HMILTON GAIR, OSWALD HARRISON, ERNEST WILLIAM TATE and GEOFFREY DUDLEY HOBSON, all of Bromborough aforesaid of the other part. WHEREAS the said Richard Hobson is about to erect a Hall at Bromborough aforesaid to be used in connection with the Parish Church for the Spiritual improvement benefit amusement and instruction of the inhabitants as a Memorial of his late wife Mary Eleanor Hobson on a site given and conveyed to him for that purpose by Charles Francis Kynaston Mainwaring Esquire and is desirous of vesting the same in Trustees for the purposes hereinafter appearing NOW THIS INDENTURE WITNESSETH as follows:-

1.     The said Richard Hobson as Settlor doth hereby grant and convey unto the said Reverend Albert Spafford, Sir William Bower Forwood, Edmund Johnston, Gerald Walton Hobson, John Hamilton Gair, Oswald Harrison, Ernest William Tate and Geoffrey Dudley Hobson and their heirs ALL that piece of land situate on the East side of the Village Square at Bromborough aforesaid delineated in the Plan drawn upon these premises and therein edged with red TOGETHER with the building to be erected thereon TO HOLD the same unto and to the use of the said Reverend Albert Spafford, Sir William Bower Forwood, Edmund Johnston, Gerald Walton Hobson, John Hamilton Gair, Oswald Harrison, Ernest William Tate and Geoffrey Dudley Hobson in fee simple.

2.     The said Reverend Albert Spafford, Sir William Bower Forwood, Edmund Johnston, Gerald Walton Hobson, John Hamilton Gair, Oswald Harrison, Ernest William Tate and Geoffrey Dudley Hobson and the survivors and survivor of them or other the Trustees or Trustee for the time being of these presents (all of whom are hereinafter included in the expression “the trustees”) shall hold the said hereditaments and premises hereby assured Upon Trust to permit the same to be used in connection with the Parish Church of Bromborough for the benefit of the inhabitants for the time being of the Parish of Bromborough.

3.     The management and control of the said Trust premises including the occupancy of the Cottage attached thereto shall subject to the over-riding control of the Trustees be vested in a Committee of Management which shall consist of the Rector (who shall be the Chairman) and Churchwardens for the time being of the Parish of Bromborough and such other persons being members of the Church of England not less than three in number as the Trustees may at their Annual Meeting or in the event of vacancies from time to time appoint either from among or other than themselves.

4.     The Committee may from time to time and at any time permit the said Trust premises or any part thereof to be used upon any such terms and conditions and either for payment or not as they may think fit for any of the following purposes:-

        (a)    For a place of meeting for any club, society or association.

        (b)    For class-rooms, meeting room or lecture rooms.

        (c)    Fir public reading rooms or libraries.

(d)    For any entertainments and recreative purposes approved by the Committee.

 

          PROVIDED ALWAYS that every user of the said premises shall be expressly subject to the following conditions:-

 

(1.1) The sale of alcohol on Trust premises is prohibited without exception.

(1.2) Alcohol brought onto Trust premises, or received free of charge on Trust premises, may be consumed on Trust premises provided always that such actions further the Trust objectives and are within the law.

(2)    No part of the said premises shall be used by any club, society or association of any particular political party or for any meeting or lecture having for its object the furtherance or advocacy of the views of any particular political party.

5.     All monies received by the Committee by way of voluntary subscriptions or donations or in respect of any charges or payments for the use of the said Trust premises or otherwise under or for the purposes of these presents shall be applied by the Committee in repairing and improving the said Trust premises in paying all rates taxes and other outgoings from time to time becoming payable in respect thereof in paying all such expenses of carrying on the said Trust premises as the Committee may think proper in providing and keeping in repair all such furniture pictures books periodicals and other articles and things as in the opinion of the Committee may be desirable to be provided by them for any of the purposes aforesaid or may belong to or be under the control of the Committee in ‘keeping the said Trust premises and the furniture pictures books and other articles from time to time thereon insured against fire in paying the wages of all officers and servants whom the Committee may think fit to employ for the purpose of these presents and generally in payment of any other expenses of or incidental to the execution of any of the trusts and powers herein contained.

6.     The Committee may at any time and from time to time sell or otherwise dispose of any furniture pictures books periodicals and other articles and thing provided by the Committee under the provision of the last preceding Clause hereof or otherwise acquired by or belonging to the Committee or the Trustees under or for the purposes of these presents and all monies arising from any such sale or other disposition as aforesaid shall be applicable by the Committee in the same manner as the moneys mentioned or referred to in the last preceding Clause hereof and shall be deemed to be part of such monies.

7.     Meetings of the Committee shall be held at such times (not being less than once in every three months) as the Committee shall prescribe and three days notice of every meeting shall be sent to each member for the time being of the Committee by such officer as the Committee shall appoint for that purpose.

8.     At each meeting of the Committee in the absence of the Rector the Chairman the person (being an Ex-officio or ordinary member) whom the members of the Committee present at the commencement of the meeting shall appoint for the purpose shall be the Chairman and three members of the said Committee shall be a quorum and every question as to the exercise of any power or duty hereby vested in the Committee or as to any other matter or thing arising out of the provisions of these presents shall be determined by the majority of the members of the Committee present and voting thereon and in the case of equality the Chairman shall have a second or casting vote.

9.     A minute book shall be kept by the Committee and all proceedings of the Committee shall be entered therein. Such minute book shall at all proper times be open to inspection by any Trustee and shall be produced at all meetings of the Trustees.

10.    Subject as aforesaid the Committee shall have power from time to time to make and alter such rules and regulations with regard to the conduct of their business and the user of the said Trust premises as they may think proper.

11.    Any member of the Committee who is dissatisfied with a decision of the Committee may appeal to the Trustees against such a decision and a decision of the Committee in respect of which notice of appeal has been given shall not be acted upon until the decision of the Trustees thereon has been given. Notice of such appeal must be given to the Chairman of the Committee during or immediately after the termination of the meeting and sent to the Chairman of the Trustees within 24 hours of the termination of such meeting.

12.    At the first meeting of the Trustees they shall elect from amongst themselves a Chairman of their own body and nominate the Committee. Such Chairman and Committee shall hold office until the meeting of the Trustees in January 1909 and shall be eligible for re-election.

13.    Subsequent meetings of the Trustees (of whom four shall be a quorum) shall be held :-

        (1)    within 6 months of the end of the preceding financial period

        (2)    When required to hear appeals from the decisions of the         Committee.

        (3)    At the request made in writing of three Trustees.

(4)    At such other times as the Chairman of the Trustees shall think necessary.

 

        At least seven days’ notice of such meetings shall be given to each Trustee by the Chairman of the Trustees or such other officer as the Trustees may appoint. In case of equality of votes the Chairman shall have a second or casting vote.

14.    At the annual meeting the Trustees shall elect a Chairman for the ensuing year and shall nominate the persons to serve on the Committee of management all of whom shall be eligible for re-election.

15.    The power of appointing new Trustees of these presents shall be vested in the said Richard Hobson during his life and after his death in the surviving Trustees the number of Trustees always being kept up to a minimum of five and upon any appointment being made the Rector and Churchwardens of Bromborough for the time being shall if they are not Trustees and are willing to act be appointed.

 

        IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first before written.

 

        EXECUTED by all parties and attested.