Abstract of the Music Hall Trust Deed No. (265.)

Abstract of the Music Hall Trust Deed No. (265.)

The Trustees of the Musical Society of Liverpool Music Hall

17 October 1798

Folded:: 24.4 x 37.4cm. Unfolded: 48.1 x 37.4cm.

A share created for the Musical Society and signed by the Liverpool Music Hall Trustees. It is a printed form, with a docket title on one side found perpendicular to the main text. The recto side is printed in two columns to be folded into a bifolium, whereas the verso side contains a docket title to be folded to a smaller size. There are sections that have been filled in by hand, followed by a series of signatures. The original trust deed was created on 1 January 1795, and the abstract of the original trust deed was signed at a meeting of the Music Hall Trustees on 17 October 1798.

Recto Transcription:

Liverpool Music Hall. Share, No. (265) An abstract of the deed of trust. 1st January 1795. By indenture of this date, made between Daniel Daulby and John Clarke, of the one part, and John Brown, Thomas Staniforth, Edward Falkner, Jonas Bold, George Cafe, Joseph Birch, Thomas Ryan, John Lightbody, Thomas Earle, and Edward Rogers, of the other part. After reciting a lease of the 13th of December, 1784,from the corporation of Liverpool, to Jonas Bold, and an assignment of the 12th of January, 1786, to messr. Daulby and Clarke, by which the music hall, and the appurtenances, are vested in them for 120 years, determinable with the lives of Arthur Bold, Peter Bold and Jonas Bold, the younger sons of the lessee, and 21 years afterwards. After reciting, that Daulby and Clarke were trustees for the subscribers in general, who has rased the sum of 37901. ics. being the cost of the building, furniture and assurtenances, in 361 shares, at 10 Guineas each, and that at the general meeting of the subscribers on the 17th of October, then last, it was ordered that the premise should be vested in messr. Brown, Staniforth, Falkner, Bold, Cafe, Birch, Ryan, Lightbody, Earle, and Rogers, upon the trusts after mentioned. It is witnessed, that the said messr. Daulby and Clarke, did assign the premises unto the said messr. Brown, Staniforth, &c. for the remainder of the term of 120 years. In trust to permit the musical society, consisting of the following persons, (viz) Edward Chaffers, William Dowdon, Robert Blundell, John Chilton, John William Johnston,Victor Buligny, William Waln, John Wilson, Robert Delap, Alexander Hsokins, Peter Holland, James Dickson, William Terry, John Threshall, and Tomas Taylor, as well as such others as should be afterwards elected amongst them to enjoy the same as the society had before done. To the intent that musical performances be kept up for the accommodation of the public, according to the original design of the building--that the musical society shall have power under the restriction after-mentioned, of appointing and directing performances, and engaging performers--that any differences in the society tending to obstruct musical performances be settled by the trustees, who shall have power to take direction upon themselves, until such time as the society shall have settled such differences--that if the musical society voluntarily relinquish the management, or neglect it, the trustees may take the whole management upon themselves that the trustees may lease the cellar for not more than seven years, and have the power to suffer the hall to be used for other beneficial purpose, so as not to interfere with the musical society--that they shall repair, and insure the premised from fire, and make necessary alterations, so as that not more than 4ol. be laid out in such alterations at one time, without the consent of a general meeting, and may also renew the lease-- that the trustees hold an annual meeting on the 3rd day of October, for auditing the accounts, &c. which shall be printed in convenient time afterwards, and sent to the proprietors and profits divided in December following, of which at least four days notice shall be given in one of the Liverpool newspapers--dividends not sent for at the time appointed, which must be two successive days at: the hall between ten and two o'clock, must be left till the next time of payment--at the above meeting the trustees are to chose a president for one year, who is to have a casting vote, and who shall have the custody of all writings, &c. which are to be by him delivered to the nest appointed president--at all meetings the major part present are to decide, so as there be not less than three, and if the annual president is absent on any other meeting than such third Wednesday in October, each particular meeting may elect a vice president for that meeting only--no meeting, except the annual one to be considered as such, but what is called by a trustee and four days previous, written notice given by him to all others--the proceeding of the trustees are to be registered in a book, and signed by a president or vice president. That they may appoint a clerk and give him reasonable recompense--that they shall make rules and orders for the good government of the hall, so as not to interfere with the powers of the musical society--when the trustees are reduced to five, a general meeting is to appoint five new ones upon ten days notice in one of the Liverpool papers--trustees voluntarily surrendering under hand and seal, departing the town and being absent with a continuance of two years, neglecting with continuance the meeting for two years, or becoming a member of the musical society, shall be disqualified to act--that no charitable donation be made without consent of a general meeting, referring to the musical society, the appropriating of the profits of an annual concert, to such charities in the town as they think proper--general meetings must have ten days notice in a Liverpool paper, signed by the president or vice president--the majority present are to decide upon  such matters as are specified in such notice only--a chairman to be appointed to each general meeting, and the resolutions &c. entered in the trustees book--persons present only to vote and have only one vote, except the president, vice president, or chairman's casting vote, and no proxy allowed--subject to the above provisions, the trustees are erected to stand possessed of the premises. (amongst other trusts of shares particularly mentioned.) In trust as to fifteen shares and the profits for Handwritten: John Bridge Aspinall and James Aspinall of Liverpool merchants their executors administrators and assign. The every subscriber shall have a printed abstract for each share, with the distinguishing number or mark, to be signed at a meeting of the trustees by the president or vice president, for the time being, upon which transfers may be made by endorsement in words to the effect following "I do hereby assign and transfer all my estate, right and title in the within mentioned share, unto executors, administrators, and assigns."
Verso Transcription: 

Musical festivals, &c. must be first decided upon by the trustees at one of their meetings, with notice as above, expressing the purpose, which meeting shall appoint as many persons as they shall think proper, to arrange the same, and engage performers and the like, who are to be indemnified in the same manner at the trustees are for their own acts--if at any future time the receipts of the monies shall not be sufficient to desray the charges of this trust, a general meeting must be called which may give the trustees power to raise the money by mortgage, but if such general meeting should direct a sale, the trustees also may make such sale, such consent being duly registered, and the purchaser completely indemnified by their receipt--debts are to be first paid, and afterwards the costs and charges which the trustees shall have been put to, and the surplus money if any, to be divided amongst proprietors upon three successive notices given in a Liverpool weekly paper, and at the appointed place attendances for fourteen successive days (Sunday excepted) for four certain hours shall be given for the purpose of paying the money, the first of the fourteen days shall be the day of the third notice--if any dividend is unclaimed the trustees are to lodge the same in the bank, and shall appoint two other days,  one at the end of the first, and the other at the end of the second year from such third notice, after which if any money remains, the trustees are to give the same at their discretion amongst the publice chairites of Liverpool--if the trustees shouls be sued, and be obliged to pay monies out of their private propertiey, and the proprietors at a general meeting shall refuse to repay or secure the re-payment of the same and shall refuse their consent to a mortgage or sale, then the trustees may mortgage or sell without such consent--if any president or vice president refuse to sign the register of proceedings of a general meeting the oath of any person before the justice of the peace of any entry of such proceedings, such oathe being entered in the book, and there signed by such justice, shall make the entry as effectual as if the was signed by the president, &c.--that any proprietor may give his shares up, and be no longer interested or responsible--and that Meulieurs Daulby and Clarke, as well as the musical society, shall be indemnified from all the costs and charges, in consequence of the present deed, or of having acted under the truth thereof, or of any thing incident of the same. The abstract of the original trust deed was signed at a meeting of the trustees, held at the music hall, the 17th day of October 1798, by [blank] Handwritten: We do hereby assign and transfer all our rights of estate rights oftitle in the within mentioned share unto John Bridge Aspinall his executors administrators and assigns dated the second day of December 1799. We do hereby assign and transfer all our rights of estate rights of title in the within mentioned share unto John Leigh Gentleman  his executors administrators and assigns dated the second day of December 1799. Liverpool 20th March 1812 Paid to John Leigh Esq a dividend of Five pound, on his claim arising from tale of the music hall.

Donated by Mr. Seymour Schulich in 2017.

Wiatt and Forrest, Solicitors. Several signees and members of the Liverpool Musical Society, including John Brown and John Roberts.

English

Great Britain

002, Share No. 265