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Village Hall (for bookings: coldashbypc@btinternet.com or ring 07966086735)

VILLAGE HALL

Below is the trust deed of the Village Hall. This sets out how and by whom the village hall is to be managed and for what purposes.

There must be an annual AGM with public notice inviting all inhabitants of Cold Ashby (the 'area of benefit' in the deed) to attend. These attendees choose a committee of 4, who then become the trustees of the Hall for the following year until the next AGM, when they may be re-elected. These trustees must then choose one of their number to act as chairman, who also serves for one year and can be re-elected.

As a charitable trust, the committee must run the village hall for the benefit of the inhabitants of Cold Ashby, regardless of age or gender. (the original deed made provision for men of a certain rank only).* The committee is answerable to the Charities Commission for its conduct of the trust.

Accounts must be published each year and agreed at the AGM. They should be audited and sent for scrutiny to the Parish Council, as the representatives of the 'area of benefit, i.e. Cold Ashby.

*In 1922 the Hall, then called the War Memorial Hall because of its original purpose, was transferred to the ownership of Cold Ashby Village as a games and billiards room for men 'of the artisan and labouring classes'. It was the job of the committee to define who did and didn't belong to that group and to refuse entry, presumably, to gate-crashing aristocratic riff-raff.

 

 

 

TRUST DEED

 

This declaration of trust is made the first day of November one thousand nine hundred and sixty by Frederick Matthew of Stanford Road Cold Ashby in the County of Northampton Retired Farmer, Thomas Frederick Matthew of Manor Farm Cold Ashby aforesaid Farmer, Frank Richard Beal of Cold Ashby aforesaid Builder, John Bernard Bott of West Haddon Road Cold Ashby aforesaid Farm Worker, John Albert Lill of Bunker’s Hill Farm Cold Ashby aforesaid Farmer, Leo Cave of the Laurels Cold Ashby aforesaid Farmer and Albert Cave of Council House Cold Ashby aforesaid Factory Worker (hereinafter called “the Trustees”)

 

Whereas :-

This Deed is supplemental to the following documents namely :-

A conveyance (hereinafter called “the Conveyance” dated the thirtieth day of December one thousand nine hundred and twenty two and made between Frederick Matthew of the one part and Walter St. John Mildmay, George Gardner, the said Frederick Matthew, James Bennett, William Garratt Thomas Letts, George Bolt, William Porter, Alfred Gunn, Sidney Dunmore Walter Cave and Fred Garratt as trustees of the other part whereby a certain piece of land at Cold Ashby in the County of Northampton together with the Village Hall standing thereon (hereinafter referred to as “the said premises”) was conveyed to such trustees in fee simple upon the trusts therein set out and

An Appointment of New Trustees dated the twenty sixth day of November one thousand nine hundred and forty seven and made between the said George Frederick Gardner, Frederick Thomas Letts, Walter Cave and Fred Garratt of the one part and Leo Cave, Thomas Frederick Matthew, John Lill (otherwise John Albert Lill) Albert Cave, John Bott (otherwise John Bernard Bott) Frank Beal (Otherwise Frank Richard Beal) and Stanley Letts of the other part whereby the said George Gardner, Thomas Letts, Walter Cave, Fred Garratt and Stanley Letts (all of whom have since died) and the Trustees were constituted the trustees of the Conveyance

The trustees are accordingly now the surviving trustees of the Conveyance

At all times since the date of this Conveyance the said premises have been held by the trustees for the time being of the Conveyance as a Village Hall for the use of the inhabitants of the Village of Cold Ashby but though it was intended that the trusts declared in the Conveyance should be valid charitable trusts doubts have arisen as to whether they are in law valid charitable trusts

The Trustees are accordingly desirous of executing such declaration of trust as is hereinafter contained for the purpose of declaring the valid charitable trusts on which the said premises are and shall henceforth be held

Now this deed witnesseth and the Trustees hereby declare that the Trustees hold and shall henceforth hold the said premises upon the trusts and with and subject to the powers and provisions set out in the First Schedule hereto

 

In Witness whereof the Trustees have hereunto set their respective hands and seals the day and year first before written

 

The first schedule above referred to :-

The said premises shall be held on trust for the purposes of a Village Hall for the use of the inhabitants of the Village of Cold Ashby and the neighbourhood (hereinafter called “the area of benefit”) without distinction of sex or political religious or other opinions and in particular for use for meetings lectures and classes and for other forms of recreation and leisure time occupation with the object of improving the conditions of life of the said inhabitants

The trusts hereby declared affecting the said premises (hereinafter called “the Foundation”) shall be administered in conformity with the provisions of this Deed under the title of the Cold Ashby Village Hall by the Committee of Management hereby constituted who shall be the administering trustees thereof

Until the end of the first Annual General Meeting to be held after the execution of this Deed the Foundation shall be administered by the Trustees by whom this Declaration of Trust is made

The Trustees shall take such steps as may be necessary for the purpose of vesting in the Official Trustee of Charity Lands the said premises and all other freehold and leasehold lands and hereditaments at any time belonging to the Foundation

COMMITTEE OF MANAGEMENT

The Committee of Management (hereinafter called “the Committee”) shall consist of Elected Representative Members and may include Co-opted Members

Four Elected Members of the Committee (other than those appointed under Clause 7 to fill casual vacancies) shall be elected at the Annual General Meeting to be held as in this Deed provided for a term of office commencing at the end of the Annual General Meeting at which they are elected and expiring at the end of the Annual General Meeting of the following year

Nine Representative Members of the Committee shall be appointed by such appointing organisations as are set out in the Second Schedule and their names shall be notified by each appointing organisation to the Secretary of the Committee.  They shall except in the case of such members appointed to fill casual vacancies be appointed before the Annual General Meeting in any year for a term of office commencing at the end of the Annual General Meeting in the following year

The Committee shall have power to co-opt not more than three members to hold office until the end of the Annual General Meeting following their co-option

Any competent member of the Committee may be re-appointed or re-elected

ADDITIONAL MEMBERS

In the event of any application for representation on the Committee being received from any newly-formed organisation operating in the area of benefit the Committee may upon a resolution supported at a duly constituted meeting of the Committee by the votes of a majority of not less than two-thirds of all members of the Committee allow such organisation to appoint a Representative Member of the Committee in the same manner as if such organisation had been specified in the Second Schedule to this Deed

Provided that no such resolution of the Committee shall be effective until it has been approved in writing by the Minister of Education

CASUAL VACANCIES

Upon the occurrence of a casual vacancy the Committee shall cause a note thereof to be entered in the minute book at their next meeting and if in the office of Representative Member it shall be notified as soon as possible to the proper appointing organisation.A casual vacancy in the Office of Elected Member may be filled by the Committee and in the office of Representative Member by the proper appointing organisation

A Member appointed to fill a casual vacancy shall hold office only for the unexpired term of office of the Member in whose place he is appointed

FAILURE TO APPOINT

The proceedings of the Committee shall not be invalidated by any failure to appoint or any defect in the appointment election or qualification of any Member

DECLARATION OF MEMBERS

No person shall be entitled to act as a Member of the Committee whether on a first or subsequent entry into office until after signing in the minute book of the Committee a declaration of acceptance and willingness to act in the trusts of this Deed

 MEMBERS NOT TO BE PERSONALLY INTERESTED IN THE FOUNDATION

Except with the approval in writing of the Minister of Education no Member of the Committee or his or her spouse shall take or hold any interest in any property belonging to the Foundation otherwise than as a trustee for the purpose thereof or receive any remuneration or be interested in the supply of work or goods at the cost of the Foundation

DETERMINATION OF MEMBERSHIP

Any Member who is adjudged bankrupt or who makes a composition or arrangement with his creditors or who is incapacitated from acting or who communicates in writing to the Committee a wish to resign shall thereupon cease to be a member

MEETINGS OF COMMITTEE

The Committee shall hold at least two ordinary meetings in each year and may hold such other ordinary meetings as may be required.A special meeting may be summoned at any time by the Chairman or any two Members upon seven clear days notice being given to all the other Members of the matters to be discussed

CHAIRMAN AND VICE-CHAIRMAN

The Committee at their first meeting in each year after the Annual General Meeting shall elect one of their number to be Chairman of their meetings and may elect one of their number to be Vice-Chairman.The Chairman and Vice-Chairman shall continue in office until their successors are respectively elected.If the Chairman is absent from any meeting the Vice-Chairman (if any) shall preside otherwise the Members present shall before any other business is transacted choose one of their number to preside at that meeting

VOTING

Every matter shall (except as in the Deed provided) be determined by the majority of the Members present and voting on the question.In case of equality of votes the Chairman of the meeting shall have a second or casting vote

ANNUAL GENERAL MEETING

There shall be an Annual General Meeting in connection with the Foundation which shall be held in the month of October each year or as soon as practicable thereafter

 All inhabitants of the area of benefit of eighteen years of age and upwards shall be entitled to attend and vote at the Annual General Meeting

The first Annual General Meeting after the date of this Deed shall be convened by the Trustees and subsequent Annual General Meetings by the Committee.  Public notice of every Annual General Meeting shall be given in the area of benefit at least seven days before the date thereof by affixing a notice to some conspicuous part of the Trust Property or other conspicuous place in the area of benefit and by such other means as the Committee shall think fit

The persons who are present at the first Annual General Meeting after the date of this Deed shall before any other business is transacted appoint a Chairman of the meeting.  The Chairman of subsequent Annual General Meetings shall be the Chairman for the time being of the Committee.  In his absence the Vice-Chairman (if any) shall take the chair but if neither is present the persons present shall before any other business is transacted appoint a Chairman of the meeting

The Committee shall present to each Annual General Meeting the report and accounts of the Foundation for the preceding year

APPLICATION OF INCOME

After payment of any expenses of administration the net income of the Foundation shall be applied by the Committee in one or other or both of the following ways

In the maintenance upkeep and insurance of the Trust Property and the payment of rates taxes and other expenses in connection therewith and its use for the purposes specified in this Deed

In otherwise furthering the purposes specified in this Deed

 REPAIRS AND INSURANCE

The Committee shall keep in repair and insure against fire burglary public liability and other insurable risks all the buildings of the Foundation not required to be kept in repair and insured by the lessees or tenants thereof

SURPLUS CASH

Any sum of cash at any time belonging to the Foundation and not needed as a balance for working purposes shall (unless otherwise directed by the Ministry of Education) be treated as capital and invested

19.FURTHER ENDOWMENTS

The Committee may receive any additional donations or endowments for the general purposes of the Foundation

20.MINUTES AND ACCOUNTS

The Committee shall provide and keep a minute book and books of account.All proper accounts in relation to the Foundation shall in each year be prepared and made out and copies sent to the Parish Council of any parish within the area of benefit or to the Chairman of the Parish Meeting of any such parish where there is no Parish Council and (on demand) to the Minister of Education

21.USE BY OTHER BODIES OR PERSONS

(1) Subject and without prejudice to any use by the Committee for the purposes specified in this Deed the Trust Property may be used in accordance with any rules made by the Committee under Clause 24 for the said purposes by such bodies or persons as the Committee determine free of rent but subject to the maintenance and use of the Hall and otherwise upon such terms as may be agreed

(2) The Committee may from time to time permit the Trust Property to be used otherwise than for the purposes specified in this Deed subject to a payment sufficient at least to defray the expenses incidental to the use in each case but so as not substantially to interfere with its use for said purposes

22.MORTGAGES AND CHARGES

The Committee may 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 for the work carried on therein and may continue to repay the whole or in part and from time to time any existing mortgage or charge on the Trust Property

23.LIQUIDATION

If the Committee decides at any time that on the ground of expense or otherwise it is necessary or advisable to discontinue the use of the Trust Property in whole or in part for the purposes stated in Clause 1 it shall call a meeting of the inhabitants of the age of eighteen years or upwards of the area of benefit of which meeting not less than fourteen days notice (stating the terms of the Resolution that will be proposed thereat) shall be posted in a conspicuous place or places on the Trust Property and advertised in a newspaper circulating in the area of benefit and if such decision shall, be confirmed by a majority of such inhabitants present at such meeting and voting the Committee may with the consent of the Minister of Education let or sell the Trust Property or any part thereof.All moneys arising from such letting or sale (after satisfaction of any liabilities properly payable thereout) shall with such consent as aforesaid be applied either in the purchase of other property approved by the Committee and to be held upon the trusts for the purposes and subject to the provisions hereinbefore set forth (including this power) or as near thereto as circumstances will permit or towards such other charitable purposes or objects for the benefit of the inhabitants of the area of benefit as may be approved by the Minister of Education and meanwhile such moneys shall be invested in the name of the Official Trustees of Charitable Funds and any income arising therefore shall either be accumulated (for such time as may be allowed by law) by investing the same and the resulting income therefrom in like manner as an addition to and to be applied as the capital of such investments or shall be used for any purpose for which the income of the Trust Property may properly be applied

24.RULES AND REGULATIONS

Within the limits prescribed by the Deed the Committee from time to time may make and alter rules and regulations for the conduct of their business and for the summoning and conduct of their meetings the deposit of money at a proper bank the custody of documents and in particular with reference to

The terms and conditions upon which the Trust Property may be used in accordance with the provisions of this Deed and the sum (if any) to be paid for such use

The appointment of Secretary (to hold office at their pleasure) of any one of themselves without remuneration or some other fit person at such remuneration as the Committee may determine

The appointment of an Auditor Treasurer and such other unpaid officers as they may consider necessary and the fixing of their respective terms of office

The engagement and dismissal of such paid officers and servants as the Committee may consider necessary and

The number of Members who shall form a quorum at meetings of the Committee provided that the number of Members who shall form a quorum shall never be less than one-third of the total number of the Members for the time being

25.QUESTIONS UNDER DEED

Any question as to the construction of this Deed or as to the regularity or the validity of any acts done or about to be done under this Deed shall be determined conclusively by the Minister of Education upon such application made to him for the purpose as he thinks sufficient

26.INTERPRETATION

The interpretation Act 1889 applies to the interpretation of this Deed as it applies to an Act of Parliament

 

THE SECOND SCHEDULE

 

Organisations

 

 

The Committee of the Women’s Institute

The Committee of the British Legion

The Trustees of the Congregational Church

The Parochial Church Council

The Committee of the Cold Ashby Youth Club

The Parish Council

The Committee of the Mothers Union

The Committee of the Cold Ashby Bowls Club

The Committee of the Cold Ashby Football Club

 

 

Signed sealed and delivered by the said Frederick Matthew

In the presence of J.R.Duffy Solicitor Rugby

 

Signed sealed and delivered by the said Thomas Frederick Matthew

In the presence of J.R.Duffy

 

Signed sealed and delivered by the said Frank Richard Beal

In the presence of J.R.Duffy