Barningham

BARNINGHAM VILLAGE HALL

Transcripts of Conveyance 1948  and Charity Commission Vesting Document 1949

CONVEYANCE dated November 4th 1948

Sir Frederick Richard Powlett Milbank Bart to Himself and Others

Conveyance by way of Deed of Gift of premises situate in the North Riding of the County of York.

This conveyance is made this fourth day of November One thousand nine hundred and forty eight between Sir Frederick Richard Powlett Milbank Baronet of Barningham Park  near Richmond in the North Riding of the County of York (hereinafter called ‘the Grantor’) of the first part Lancelot Merivale Gibbs formerly of 29 Eaton Square in the County of London but now of Broomham Catsfield Battle in the County of Sussex a Brigadier in His Majesty’s Army CVO DSO MC and John Gerald Frederick Milbank of Newsham House Barningham near Richmond aforesaid Esquire (together hereinafter called ‘the Mortagees’) of the second part and the said Sir Frederick Richard Powlett Milbank and The Reverend David Kay Cook of The Rectory Barningham aforesaid Clerk in Holy Orders The Reverend Norman Bradley of Barningham aforesaid Methodist Minister and Joseph Leggett of Barningham aforesaid Retired Butler (hereinafter called ‘the Trustees’) of the third part

Whereas

(1) By a Vesting Deed dated the Eleventh day of January one thousand nine hundred and twenty six and made between Sir Henry Monson de la Powr Beresford Pierse Sir Matthew Blayney Dodsworth and George William Whitmore Green Price (hereinafter called ‘the Old Trustees’) of the one part and the Grantor of the other part it was declared that the property hereinafter described with other property was vested in the Grantor in fee simple upon the trusts and with and subject to the powers and provisions applicable thereto respectively under the Will dated the First day of April one thousand nine hundred and twelve and proved with two Codicils thereto in the Principal Probate Registry on the Third day of July one thousand nine hundred and eighteen of Sir Powlett Charles John Milbank Baronet or otherwise but subject to the respective incumbrances therein referred to (particulars of such of them as are now subsisting being contained in Parts 1 and 2 of the Third Schedule hereto) And it was thereby declared that the Old Trustees were the Trustees of the Settlement created by the said Will for the purposes of the Settled Lands Act 1925 and also that the power to appoint new trustees of the said Will was vested in the Grantor during his life And the said Settlement contains a power (inter alia) for the Grantor as tenant for life to grant gratuitously any part of parts of the Settlement heriditaments in fee simple for a Parish Hall or Mission Room

(2) The Grantor is now entitled to the benefit of certain Mortgages or Charges upon certain property including the property hereinafter described under and by virtue of certain documents particulars whereof are contained in Part 1 of the Third Schedule hereto

(3) The Mortagees are now entitled to the benefit of certain Mortgages or Charges upon certain property including the property hereinafter described under and by virtue of certain documents particulars whereof are contained in Parts 2 and 3 of the said Third Schedule hereto

(4) The Grantor as such Trustee and Estate Owner as aforesaid is desirous of making provision for the benefit of the inhabitants of the Parish of Barningham aforesaid and for that purpose is desirous of conveying the premises hereinafter described to the Trustees in fee simple upon the trusts hereinafter appearing

(5) The Grantor as mortgagee and the Mortgagees being satisfied with the security which will remain after the execution of this Deed have agreed to join in this Conveyance and release the said property hereinafter described from their respective mortgage securities as hereinafter appearing

Now this Deed witnesseth as follows:

1. In pursuance of the said desire the Grantor as settlor hereby conveys and the Grantor and Mortgagees as mortgagees and according to their several interests as such mortgagees hereby respectively surrender and release unto the Trustees all that piece or parcel of freehold land situate in the Village and Parish of Barningham aforesaid and being number 237 on the Ordnance Survey map for the said Parish and containing according to such Map One hundred and forty five thousandth parts of an acre or thereabouts together with the buildings and other premises erected thereon on on some part or parts thereof and formerly used as the Village School but now used for the purposes of a Parish or Village Hall All which said premises are for the purposes of better identification only and not by way of limitation or enlargement more particularly delineated on the plan endorsed hereon and coloured red To Hold the same unto the Trustees in fee simple discharged from all principal moneys and interest secured by and from all claims and demands under the documents mentioned in the Third Schedule hereto and to the intent that (as respects the property hereby conveyed) any mortgage terms which were subsisting therein immediately before the execution of this Deed in favour of the Grantor of the Mortgagees shall merge and be extinguished in the fee simple thereof Upon the trusts and subject to the powers and provisions set out in the First Schedule hereto

2. The Grantor hereby covenants with the Trustees that the Grantor his successors in title and assigns will at all times hereafter indemnify and keep indemnified the Trustees and their successors in title and assigns and also the property hereinbefore conveyed and every part thereof from and against all actions proceedings claims demands costs or expenses in respect of all or any of the charges created or secured by all or any of the documents specified in the Third Schedule hereto or in any way arising out of or in connection with such charges or any of them or of the non-payment thereof

3. The Grantor hereby acknowledges the rights of the Trustees to production of the documents mentioned in Parts 1 and 3 of the Third Schedule hereto and to production of the documents mentioned in the Fourth Schedule hereto and to delivery of copies thereof and hereby undertakes for the safe custody thereof

4. The Mortgagees hereby acknowledge to right of the Trustees to production of the documents mentioned in Parts 2 and 3 of the Third Schedule hereto and to delivery of copies and the Grantor hereby covenants with the Trustees that as soon as such last mentioned documents or any of them shall come into the possession of the Grantor or the persons deriving title under him by reason of the satisfaction of the said mortgage debts or otherwise he or they will at the request and cost of the Trustees or the persons deriving title under them give to them a statutory undertaking for their safe custody and that until such undertaking as aforesaid shall be given the Grantor and the persons deriving title under him shall be subject to the same obligations in all respects as if such undertaking had been given while the said documents were in his or their possession

5. It is hereby certified that the transaction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value or the aggregate amount or value of the property conveyed or transferred exceeds Five hundred pounds

In Witness whereof the said persons parties hereto have hereunto set their hands and seals the day and year first hereinbefore written

THE FIRST SCHEDULE above referred to

1. The Trustees shall forthwith apply to the Charity Commissioners for England and Wales for an Order vesting the property hereinbefore conveyed (hereinafter called ‘the Trust Premises’) in the Official Trustee of Charity Lands and upon such Order being made the Trustees shall cease to be the Trustees of the Trust Premises and the Charity shall thereafter be administered and managed by the members for the time being of the Committee of Management hereinafter mentioned as the trustees thereof

2. The Trust Premises shall be held upon trust for the purposes of physical and mental training and recreation and social moral and intellectual development through the medium of reading and recreation rooms library lectures classes recreations and entertainments or otherwise as may be found expedient for the benefit of the inhabitants of the Parish of Barningham in the North Riding of the County of York and its immediate vicinity without distinction of sex or of political religious or other opinions subject to the provisions of these presents

3. The general management and control of the Trust Premises and the arrangements for their use shall be vested in a Committee of Management (hereinafter called ‘the Committee’) consisting of not more than fourteen members (exclusive of members co-opted under the power hereinafter contained) of whom seven shall be elected at the first general meeting referred to in Clause 4 hereof in the first instance and on each subsequent appointment of members at the Annual General Meeting. The seven organisations mentioned in the second column of the Second Schedule hereto shall each have the right to appoint one member of the Committee both in the first instance and on the occasion of each annual appointment of members. The persons whose names appear in the first column of the Second Schedule hereto have been appointed by the organisations mentioned opposite their respective names in the Second Column of that Schedule and shall together with the members elected at the first General Meeting as aforesaid be the first members of the Committee. Until the first General Meeting has been held the persons named in the first column of the Second Schedule shall have power to act. In addition to the members of the Committee appointed and elected as above the Committee shall have the power to co-opt not more than four members to represent interests in the said Parish not represented by any organisation.

4. There shall be an Annual General Meeting to be convened by the Committee in the month of November in each year the first of such meetings (herein called ‘ the First General Meeting’) to be convened in the month of November one thousand nine hundred and forty eight by one week’s notice to be affixed to some conspicuous part of the Trust Premises or other conspicuous place or places in the Parish of the inhabitants of the age of eighteen years or upwards of either sex of the Parish of Barningham for the purpose of receiving the Report and Accounts of the Committee and for accepting the resignations of members of the Committee and for the purpose of electing seven members under Clause 3 hereof and for taking such action as it may decide under Clause 8 hereof provided nevertheless that if in any year an Annual General Meeting shall not be convened and held in the month of November the Annual General Meeting for that year shall be held as soon as practicable after the month of November and such meeting shall be convened by such persons as shall be nominated for the purposes by the Charity Commissioners.

5. In the event of any other organisation being formed in the said Parish with aims of a social recreational or educational character not inconsistent with those upon which the Trust Premises are held hereunder the Committee shall have power by a Resolution of the Committee passed at a meeting at which not less than two-thirds of all the members of the Committee vote in favour of the Resolution to allow such new organisation to appoint an additional member of the Committee in the same manner as if such new organisation had been mentioned in the second column of the Second Schedule hereto and for this purpose the total number of members of the Committee as provided for in Clause 3 hereto may be increased but no such Resolution shall be effective until it has been approved by an Order of the Charity Commissioners.

6.All members of the Committee shall retire annually at the Annual General Meeting. Every organisation entitled to appoint a member of the Committee to take the place of a member retiring at an Annual General Meeting shall make the appointment at any time within one month before the Annual General Meeting at which the retiring member of the Committee shall retire.

7. A casual vacancy arising from the death or resignation or removal of a member of the Committee shall be filled by the organisation by which such member shall have been appointed and the person appointed shall retire at the time when the vacating member would have retired. In the event of a vacancy arising through the death resignation or removal of a member of the Committee elected by the Annual General Meeting the Committee shall have power to fill such vacancy until the next Annual General Meeting.

8. If any organisation entitled to appoint a member of the Committee ceases to exist or fails to make an appointment in manner aforesaid before the Annual General Meeting in any year the Annual General Meeting shall decide in what way if at all the vacancy shall be filled.

9. 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.

10. The Committee may from time to time make and alter Rules and Regulations for the conduct of its business and for the summoning conduct and recording in a Minute Book of its meetings and in particular with reference to:

(a) The terms and conditions upon which the Trust Premises may be used for entertainments meetings social gatherings and other purposes and the sum (if any) to be paid for such use

(b) The appointment of an Auditor 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

(d) 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 be less than a third of the total number of members of the Committee.

11. All payments in respect of the use of the Trust Premises and all donations for the benefit thereof shall be pad into a Trust Account at Barclays Bank Limited at Barnard Castle in the County of Durham or at such other Bank as shall from time to time be substituted therefor by the Committee any such substitution to be engrossed upon this Trust Deed together with a copy of the resolution relating thereto.

12. The moneys standing to the credit of the said Account shall be applied as the Committee shall decide in repairing and insuring the Trust Premises or the furniture or effects therein and paying all rent (if any) rates taxes salaries of paid officers and servants and other outgoings and in providing furniture games books newspapers periodicals and other literature and means of recreation and otherwise for the upkeep and improvement of the Trust Premises.

13. The Committee may upon the vote of a majority of its members and (when necessary) with the consent of the Charity Commissioners from time to time by mortgage or otherwise obtain such advances on the security of the Trust Premises or any part thereof as may be required for maintaining extending or improving the same or any part thereof 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.  If the Committee by a majority decides at any time that on the ground of expense or otherwise it is necessary or adviseable to discontinue the use of the Trust Premises in whole or in part for the purposes hereinbefore indicated it shall call a Meeting of the inhabitants of the age of eighteen years or upwards of the Parish of Barningham of which meeting not less than fourteen days’ notice (stating that a Resolution will be proposed thereat) shall be posted in a conspicuous place or places on the Trust Premises and advertised in a newspaper circulating in the said Parish 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 Charity Commissioners let or sell the Trust Premises 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 premises 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 Parish of Barningham as may be approved by the Charity Commissioners and meanwhile such moneys shall be invested in the names of the Official Trustees of Charitable Funds and any income arising therefrom shall either be accumulated (for such time as may be allowed by law) by investing the same and the resulting income thereof 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 Premises may properly be applied.

15. If any Rules or Regulations made under the power in that behalf hereinbefore contained are inconsistent with the provisions of these presents the latter shall prevail.

THE SECOND SCHEDULE ABOVE REFERRED TO:

Names and addresses of Representatives                                   Organisations

Ethel Balmer (Mrs) Barningham                                                           Parochial Church Council

Norman Bradley (Revd) Barningham                                           The Trustees of the Methodist Chapel

Stanley Atherton The Shop Barningham                The committee of Barningham Cricket Club

Constance Cook (Mrs) The Rectory Barningham                           The committee of the Women’s Institute

John Maughan Barningham                                                           The Group Committee of the Village

Troop of Boy Scouts

Blanche Isabel Brown (Mrs) Park Cottage Barningham                The Committee of the Girls’ Club

Samuel Basil Turner The Milbank Arms Barningham                           The Committee of Barningham

Football Club

THE THIRD SCHEDULE ABOVE REFERRED TO:

[List of charges vested in the Grantor, 1921-1924; List of charges vested in the Mortgagees 1902-1923; List of charges now vested in the Mortgagees 1932-1936]

 

Signed by:

Sir Frederick Richard Powlett Milbank, witness W Layfield

Lancelot Merivale Gibbs, witness William Burgess

John Gerald Frederick Milbank, witness D Scrafton

David Kay Cook, witness W Layfield

Norman Bradley, witness D Layfield

Joseph Leggett, witness W Layfield

RECORDED IN THE BOOKS OF THE CHARITY COMMISSIONERS FOR ENGLAND AND WALES PURSUANT TO THE PROVISIONS OF SECTION 29 (4) OF THE SETTLED LAND ACT 1925             

12th May 1941

ORDER FOR VESTING IN OFFICIAL TRUSTEE OF CHARITY LANDS

In the matter of the Charity called or known as the VILLAGE HALL, in the Parish of Barningham, in the North Riding of the County of York founded by a Conveyance dated the 4th November 19498; and In the matter of the Charitable Trusts Acts, 1853 t0 1939.

THE BOARD OF THE CHARITY COMMISSIONERS  FOR ENGLAND AND WALES, upon an application made to them on the 8th April 1949, in writing, signed by

Sir FREDERICK RICHARD POWLETT MILBANK, of Barningham Park, Baronet;

The Reverend DAVID KAY COOK, of The Rectory, Clerk in Holy Orders;

The Reverend NORMAN BRADLEY, Methodist Minister; and

JOSEPH LEGGETT, Retired Butler;

all of Barningham in the North Riding of the County of York;

the Trustees of the afore-mentioned Charity;

DO HEREBY ORDER that the property specified in the schedule hereto shall forthwith vest in the Official Trustee of Charity Lands for all the estate and interest therein belonging to or held in trust for the Charity:

SCHEDULE

Land containing 23p. or thereabouts situated in the Parish of Barningham in the County of York, and numbered 237 on the Ordnance Survey map of the district qhich property is comprised in a Conveyance dated the 4th November 1948 made between Sir Frederick Richard Powlett Milbank of the first part Lancelot Merivale Gibbs and another of the second part and three others of the third part and recorded in the books of the Charity Commissioners on the 12th May 1949 pursuant to the provisions of section 29(4) of the Settled Land Act 1925.

Sealed by Order of the Board this 27th day of May 1949.

##

JAS 28.9.2010

BARNINGHAM VILLAGE HALL ASSOCIATION

Draft Constitution

1. NAME

 

The registered name of the charity is Barningham Village Hall.

2. OWNERSHIP

Ownership of the property known as Barningham Village Hall (hereafter referred to as the ‘Trust Premises’) is vested in the Official Trustee of Charity Lands by an Order of the Board of the Charity Commissioners for England and Wales dated May 27th 1949.

3. MEMBERSHIP

 

All residents of Barningham Parish aged 18 and over are members of the Village Hall Association.

4. OBJECTS

 

The Trust Premises are held on trust under the Order referred to above “for the purposes of physical and mental training and recreation and social moral and intellectual development through the medium of reading and recreation rooms library lectures classes recreations and entertainments or otherwise as may be found expedient for the benefit of the inhabitants of the Parish of Barningham … and its immediate vicinity without distinction of sex or of political religious or other opinions subject to the provisions of these presents”.

5. POWERS

The Association may exercise such powers as it sees fit in lawful furtherance of the above Objects, subject to any provisions set out in this document.

6. GENERAL MEETINGS

 

6a] Annual General Meeting:

i] An Annual General Meeting of the Association shall be held once a year in or near the month of April at such time and place as the Management Committee shall decide. At least 14 days’ clear notice of this meeting, including a copy of the agenda, must be posted in a conspicuous place or places in the parish.

ii] An Annual General Meeting shall be quorate if attended by at least a number of people equivalent to one-third of the number of members on the Management Committee. In the event that no quorum is present or the meeting has to be abandoned, the meeting shall stand adjourned and be reconvened not less than 21 days later, clear notice of this being given in the same fashion as was required for the original meeting

iii] All members of the Association present at the meeting shall be eligible to vote.

iv] The business of the meeting shall be:

(a) To receive and approve the Annual Report of the Management Committee, which shall include a report of the Accounts of the Association for the preceding financial year and a report of the work and activities of the Association;

(b) To appoint such auditors or independent examiners as are required by law to audit and/or examine the Accounts of the Association for the forthcoming financial year;

(c) To elect members of the Management Committee for the forthcoming year, including Honorary Officers in accordance with Clause 7(i) below;

(d) To approve a list of village hall user groups each of which shall be entitled to nominate one member to the Management Committee (see Schedule 1 below);

(e) To consider and vote upon any proposals to alter this constitution;

(f) To consider any other business of which due notice has been given in writing to the Honorary Secretary no less than 21 days before the meeting and has been included in the notice of the meeting referred to in Clause ii above.

6b] Special General Meetings

 

i] A Special General Meeting may be called by the Chair of the Management Committee at any time at his or her discretion

ii] A Special General Meeting must be called by the Secretary within 21 days of the receipt of a written request to do so signed by not less than ten members of the Association and giving reasons for the request

iii] At least 14 days’ clear notice of a Special General Meeting, including a copy of the agenda, must be posted in a conspicuous place or places in the parish.

iii] A Special General Meeting shall be quorate if attended by at least a number of people equivalent to one-third of the number of members on the Management Committee. In the event that no quorum is present or the meeting has to be abandoned, the meeting shall stand adjourned and be reconvened not less than 21 days later, clear notice of this being given in the same fashion as was required for the original meeting

iv] All members of the Association present at the meeting shall be eligible to vote.

v] The business of the meeting shall be to discuss only such matters as are on the agenda.

7. HONORARY OFFICERS

i] The Annual General Meeting shall elect the following Honorary Officers of the Management Committee: Chair, Vice-Chair, Treasurer, Secretary and up to two other officers as the Association may decide.

ii] All Honorary Officers shall hold office until the next Annual General Meeting, when they may stand for re-election.

iii] An Honorary Officer shall cease to hold office at any time upon giving written notice of resignation to the Association Secretary.

iv] If a vacancy among the Honorary Officers occurs by death, resignation or disqualification, the Management Committee shall have the power to fill it from among its members.

8. MANAGEMENT

i] Adminstration and management of the Trust Premises is by the Trustees who are all the elected members of the current Management Committee.

ii] The Management Committee shall have the power to enter into contracts for the purposes of the Association on behalf of all members and may exercise on behalf of the Association the powers referred to in Clause 5 above.

iii] The Management Committee shall comprise:

a) Honorary Officers and other members elected at the Annual General Meeting, who shall serve until the next annual General Meeting

b) Up to five additional members who may be co-opted by the Management Committee at any time and shall have the same voting rights as other members and shall serve until the next annual General Meeting

c) One representative nominated by each approved village hall user group who shall have the same voting rights as other members

d) Any representatives nominated by Durham County Council in accordance with county regulations regarding grant aid, who shall have the same voting rights as other members

iv] No persons under the age of 18 may be members of the Management Committee

v] Any member of the Parish regardless of age may attend meetings of the Management Committee as an observer without the right to vote.

vi] Any vacancy on the Management Committee may be filled by the Committee.

vii] A member of the Management Committee shall cease to hold office if he or she:

(a) is disqualified from holding office by virtue of Section 72 of the Charities Act 1993 (or any statutory modification or re-enactment of that provision), or

(b) becomes incapable by reason of mental disorder, illness or injury of managing his or her affairs, or

(c) is absent without permission of the Management Committee from all its meetings held within any period of six months and the Management Committee resolves that he or she shall cease to hold office, or

(d) gives written notice of resignation to the Honorary Secretary

viii] The Management Committee shall meet at least quarterly and at least fourteen days’ written notice of meetings shall be given to all members.

ix] A quorum at Management Committee meetings shall be not less than one third of all its members.

x] The Management Committee may appoint one or more sub-committees consisting of at least three of its members for supervising or performing any activity or service and in each such case:

(a) The Management Committee shall define the terms of reference of the sub-committee, its composition and the duration of its existence

(b) The sub-committee shall report upon its acts and proceedings at each meeting of the Management Committee

(c) The Honorary Officers shall be ex officio members of the sub-committee

(d) All decisions made by the sub-committee shall be subject to the approval of the Management Committee

xi] The Management Committee shall comply with its obligations under the Charities Act 1993 (or any statutory modification or re-enactment of that Act) with respect to the keeping of accounting records for the Association, preparation of annual statements of the accounts for the Association, auditing or independent examination of such statements, the preparation of an annual report and annual return, and transmission of such reports, returns and statements to the Charity Commission for England and Wales

9. RULES OF PROCEDURE AT ALL MEETINGS

 

i] Any question arising at a meeting of the Association or one of its committees or sub-committees shall be decided by a simple majority of those present.

ii] In the case of an equality of votes the Chair shall have a second or casting vote

iii] Minutes shall be kept of all meetings, resolutions and decisions of the Association and these shall be made available for inspection by any member of the Association within seven days of a written request to the Secretary.

SCHEDULE 1

APPROVED VILLAGE HALL USER GROUPS 2011

1. Barningham Parochial Church Council

2. Barningham Women’s Institute

3. Barningham Parish Meeting

4. Barningham Cricket Club

5. Barningham Growers

6. Barningham Local History Group

Each of these is entitled to nominate one member of the Management Committee.

This schedule may be amended from time to time by resolution of an Annual General Meeting as described above.