CONVEYANCE of premises situate and known as Hazleton Old School in the Parish of Hazleton in the County of Gloucester. Dated 17th December 1954.
The Governors of the Gloucester Diocesan Council of Education Registered to The Rev G R Hughes and others as Trustees of Hazleton Village Hall
Solicitors, Rickerby, Mellers and Co, Solicitors Cheltenham
THIS CONVEYANCE is made on the 7th Day of December 1954 BETWEEN The Governors of the Gloucester diocesan Council of Education Registered (hereinafter called The Governors) whose registered offices are at Church House, College Green in the City of Gloucester of the one part and GERALD RICKARDS HUGHES of The Vicarage, Compton Abdale in the County of Gloucester, Clerk in Holy Orders; GEORGE WOOD of The Priory, Haselton in the said County of Gloucester, Farmer; SAMUEL HUGHES of Haselton Manor, Haselton, aforesaid Farmer; JOHN DALLAS HUGHES of Lower Farm, Haselton, aforesaid Farmer; WILLIAM ERIC HUGHES of Shipton Downs Farm, Haselton, aforesaid Farmer (hereinafter called the Trustees) of the other part. WHEREAS:-
By a Conveyance dated the 1st Day of May 1884 and made between Edmund Waller of the one part and the Minister and Chuchwardens of the Parish of Hazleton in the said County of Gloucester of the other part, the property hereinafter mentioned was conveyed unto the Minister and Churchwardens and their successors upon trust to permit the said premises and all buildings thereon erected or to be erected to be or ever thereafter appropriated and used as and for a school for the education of children and adults or children only of the labouring classes in the Parish of Hazleton and as and for a residence for the teacher or teachers of the said school.
The use of the School premises as a school was discontinued in 1938 and, by a scheme under the Seal of the Board of Education dated the 16th day of May 1938 made under the Charitable Trusts Act 1853 -1925 affecting the use of the School buildings, the Foundation was placed under the care of the Rector and Churchwardens for the time being of Haselton as Trustees on the Trusts that the School should be used for the benefit of children and adults of the labouring and manufacturing and other poorer classes in the Parish of Hazleton for the purposes of religious instruction in accordance with the Doctrines of the Church of England Evening and other classes, for instruction in secular subjects or lectures of an educational character and generally for the advancement of education by means of a library and Reading Room and the provision of further education.
By a scheme framed by the Minister of Education under the Endowed Schools Acts 1869-1874 as applied by an Order of the Minister dated the 21st day of May 1952 made under Section 86(1) of the Education Act 1944 as amended by the Education Act 1946 and dated the 26th day of May 1953 (inter alia) every Act of Parliament Letters Patent, statute, deed, instrument or trust affecting the Foundation was thereby repealed and the provisions of such Scheme were substituted therefore and the Gloucester Diocesan Council of Education was thereby appointed to be the Governing Body of the Foundation and all the land held in trust for the Foundation was thereby vested in the Governing Body.
By virtue of Section 4 of the before mentioned Scheme the Governing Body was authorised to sell any premises of the Foundation subject in each case to the approval of the purchase price by the Minister of Education.
By Authority of the Minister of Education dated the 24th day of July 1953 approval was given to the Governing Body to sell Old School Hazleton at the price of £200.
In pursuance of such approval the Governors have agreed to sell to the Trustees for the sum of £200 the said property subject as and in manner hereinafter mentioned and the Trustees have requested the Governors to convey the said hereditaments in manner and upon the trusts hereinafter appearing.
NOW THIS DEED WITNESSETH as follows
(1) IN pursuance of the said agreement and in consideration of the sum of £200 paid by the Trustees to the Governors (the receipt whereof the Governors hereby acknowledge) the Governors with the approval of the Minister of Education as hereinbefore recited hereby convey unto the Trustees ALL THAT piece or parcel of land situate in the Parish of Hazleton in the County of Gloucester containing one rood or thereabouts with the School and other buildings erected thereon or on some part thereof and known as Hazleton Old National School which said piece of land is more particularly delineated in the plan drawn in the margin of the hereinbefore recited conveyance dated the 1st Day of May 1884 and thereon coloured red TO HOLD the same unto the Trustees in fee simple upon the Trusts and subject to the provisions set out in the first schedule hereto.
(2) THE Governors hereby covenant with the Trustees that they have not at any time heretofore done, executed or knowingly suffered anything whereby or by reason whereof they are in anywise hindered from conveying the said property or any part thereof in manner aforesaid.
(3) IT is hereby expressly declared and agreed that, if at any time hereafter during the period of 12 months from the date hereof the Trustees shall desire to sell the Trust premises then they shall give notice of such desire to the Governors who shall have an option of repurchasing the premises at the price of £300 and such option shall be exercised by the Governors within one month of the date of receiving such notice.
(4) IT is hereby certified that the transaction hereby effected does not form part of a larger transaction or a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceed £500.
IN WITNESS whereof the said parties to those presents have hereunto set their hands and seals the day and the year first before written.
THE FIRST SCHEDULE before referred to:
The property shall be vested in the Trustees and thereafter be administered and managed by the members for the time being of the Committee of Management hereinafter mentioned and upon death or retirement of any Trustees a new Trustee or Trustees shall be appointed so that the number of Trustees shall never be less than 5
The property hereby conveyed (hereinafter called the Trust Premises) shall be held upon trust for the purpose of religious instruction in accordance with the Doctrines of the Church of England physical and mental training and recreation and social moral and intellectual development through the medium of reading and recreation rooms, library lectures, classes, recreation, and entertainments or otherwise as may be found expedient for the benefit of the inhabitants of the Parish of Hazleton aforesaid and its immediate vicinity without distinction of sex, or of political or other opinions subject to the provisions of those present.
The Trust Premises shall not at any time be used for any purpose inimicable to the principles of the Doctrines of the Church of England as by law established.
The general management and control of the Trust Premises and the arrangement for their use shall be vested in a Committee of Management (hereinafter called the Committee) consisting of not less than 6 or not more than 9 persons (exclusive of members co-opted under the power hereinafter contained) of whom 6 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 Organisations mentioned in the second column of the Second Schedule hereto shall 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 part of the second Schedule hereto have been appointed by General Meeting held on the 14th day of May 1953 and the persons whose names appear in the second part of the Second Schedule have been appointed by the organisations mentioned opposite their respective names in the second column of second part of the Second Schedule hereto and shall together with the persons elected 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 4 members to represent interests in the said Parish not represented by any organisation.
There shall be an Annual General Meeting (to be convened by the Committee in the month of May in each year, the first of such meetings (hereinafter called the first General Meeting) to be convened in the month of May 1954 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 18 years or upwards of either sex of the Parish of Hazleton 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 6 or more members under Clause 4 hereof and for taking such action as it may decide under Clause 9 hereof. Provided nevertheless that if in any year the Annual General Meeting shall not be convened and held in the month of May the Annual General Meeting for that year shall be held as soon as practicable after the month of May and such meeting shall be convened by such persons as shall be nominated by the Trustees.
In the event of any other organisation being formed in the said Parish with the aims of a social, recreational or educational character not inconsistent with those upon which the Trust Premises are held hereunder, the Committee shall have the 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 an 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 part of the Second Schedule hereto and for this purpose the total numbers of members of the Committee as provided for in Clause 4 hereof may be increased (but no resolution shall be effective until it has been approved by the Trustees).
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 before the Annual General meeting at which the retiring member of the Committee shall retire.
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 the death, resignation or removal of a member of the Committee elected at the Annual General Meeting, the Committee shall have the power to fill such vacancy until the next Annual General Meeting.
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 any the vacancy shall be filled.
The proceedings of the Committee shall not be invalidated by any vacancy among its members or by any defect in the appointment or qualifications of any member.
The Committee 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 reference to:-
The terms and conditions upon which the Trust Premises may be used for entertainment, meeting, social gatherings and other purposes and the sum (if any) to be paid for such use.
The appointment of an Auditor, Treasurer, Secretary and such other unpaid officers as it may be necessary and the fixing of their respective terms of office.
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 such number shall never be less than a third of the total number of members of the Committee.
All payments in respect of the use of the Trust Premises and all donations for the benefit thererof shall be paid into a Trust Account at the Branch of Lloyds Bank Ltd, High Street, Cheltenham in the said County of Gloucester or at such other Bank as shall from time to time be substituted therefor by the Committee, any such substitutions to be endorsed upon this Trust Deed together with a copy of the Resolution relating thereto.
The moneys standing to the credit of the said Account shall be applied as the Committee shall decide in repairing and insuring Trust Premises or the furniture or effects therein and in paying all rent (if any), rates and taxes, salaries of any 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.
The Committee may upon the vote of the majority of its members and (when necessary) with the consent of the Trustees 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 or erecting any building thereon or for 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.
If the Committee by a majority decides at any time that on the ground of expense or otherwise it is necessary or advisable to discontinue the use of the Trust Premises in whole or in part for the purpose hereinbefore indicated, it shall call a meeting of the inhabitants of the age of 18 years or upwards of the Parish of Hazleton of which meeting not less than 14 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 Trustees 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 the 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 Hazleton as may be approved by the Charity Commissioners and meanwhile such moneys shall be invested in the names of the Trustees for the time being 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 income of the Trust Premises may be properly applied.
If any Rules or Regulations made under the power in that behalf hereinbefore contained are inconsistent with the provisions of these present, the latter shall prevail.
The Committee shall provide the Trustees with sufficient funds to meet all such expenditure (if any) in connection with the Trust Premises as the Trustees may be liable for and shall keep the Trustees indemnified against all liability (if any) in respect thereof.
THE SECOND SCHEDULE before referred to:
Names and Addresses of Members appointed by General meeting held on 14th May 1953
Mrs Newman of No 4 Haselton
Mrs J Smith of No 5 Haselton
Mrs Lockey of The Post Office Haselton
Mrs Jack Hughes of Lower Farm Haselton
Mrs H T Hughes of Grove Farm Haselton
Mrs Boulton of Glebe House Haselton
Names and Addresses of Representatives Organisations
Mrs M E Lockey Parochial Church Council
Mrs M Woolcombe Mothers Union
The Common Seal of the Governors of the Gloucester Diocesan Council of Education Registered was hereunto affixed in the presence of
John Tewksbury Governor
Walter T Wardle Governor
P J Davis Secretary Seal of the Glos Diocesan Council – Seal No 27
We approve this draft on behalf of the Governors H Summers 19.5.54
SIGNED, SEALED AND DELIVERED by the said Gerald Rickards Hughes, George Wood, Samuel Hughes, John Dallas Hughes, William Eric Hughes