Key Hill Cemetery formally known as the General Cemetery at Kaye Hill
Deed of settlement
The Birmingham General
PUBLISHED BY B.HUDSON, BULL STREET
Joshua HAMMOND, Bennett’s Hill.
William FITT, Cemetery Kaye Hill.
TYNDALL and RAWLINS , Birmingham.
Deed of Settlement
This Indenture, made the Thirteenth day of August, on Thousand Eight Hundred and Thirsty Eight, between William ROOM, Saddlers Ironmonger, Charles EDGE , Architect, Alfred JUKES Surgeon, William ROBERTSON Dentist, and Joshua HAMMOND Surveyor, all of Birmingham, in the County of Warwick, of the one part, and THE SEVERAL OTHER PERSONS whose name are or shall be hereunto subscribed, and who have sealed and delivered these present , or shall from time to time seal and deliver these present , of the other part .
( Recital of Conveyance of Cemetery to Trustees )
Whereas by a certain Indenture of Bargain and Sale, duly inrolled, bearing date the twenty Third Day of August instant, and made or expressed to be made, Between THE GUARDIANS OF THE POOR of the Parish of Birmingham, appointed by or in pursuance of an Act of Parliament, passed in the Second Year of the Reign of his late MAJESTY KING WILLIAM THE FOURTH , intituled ” An Act for better regulating the Poor withing the Parish of Birmingham in the County of Warwick , and for empowering the Guardians of the Poor to grant Building Leases of certain Lands vested in them , or otherwise to sell and dispose of the same, and to applies the monies to arise, in the ( p4) enlargement or rebuilding of the present Workhouse, and for other purposes, ” of the first part; Joseph Piercy Yeomans WELCH, of Birmingham aforesaid, Treasurer of the said Guardians , of the second part; and the said several persons parties to these presents of the one part, of the third part. In considerations of the sum of Five Thousand and Seven Hundred and Fifty Pounds to the said Joseph Piercy Yeomans WELCH , as such Treasurer, as aforesaid, paid by the said several Persons parties to these presents of the one part, as therein mentioned, the said GUARDIANS OF THE POOR, of the said Parish of Birmingham, by virtue of the said Act of Parliament, did grant, bargain, sell,release and convey unto the said several persons , parties to these present, of the the one part, their Heirs and Assigns, all that piece or parcel of Land, situate and being at Kaye Hill, in the said Parish of Birmingham, bounded on part of the West by a Road or Highway, leading from the Sand Pits to Handsworth; on the East by a private Carriage Road and by ;and and buildings of the late Mr. John HOME; on the north by a Road or Highway, leading from and out of the turnpike Road from Birmingham to Handsworth , to Little Hockley Pool; and on the South by land of Sir Thomas GOOCH; which said piece or parcel of land contains by admeasurement eight acres, one rood and two perches, or thereabouts ( be the same more or less ); and is part of the lands described and comprised in the third Scheduled to the said Act; and the said land is now laid out for, and used as a CEMETERY or Burial Ground; and for the better
(p5) description thereof, a plan of the same is delineated on the said Indenture, now in recital. To hold the same unto, and to use of the said several persons parties to these presents of the one part, their Heirs and Assigns for ever. But nevertheless upon and for the trusts, ends, intents, and purposes , under and subject to the powers , provisoes, limitations, declarations, and agreements, which were or should be expressed , limited and declared of, and concerning the same hereditaments , and premises , and every or any part or parcel thereof, in and by an Indenture therein mentioned, to then be prepared and engrossed, and to be made between the same persons as are parties to these presents , meaning thereby this Indenture.
( Recital of Formation of the Company)
And Whereas the said several persons parties hereto, are desirous of forming themselves into an Institution or Society for establishing and continuing a General Cemetery or Burial Place or persons of all Sects and Denominations, in manner hereinafter mentioned, and the said piece or parcel of Land or Ground was purchased for the purpose of forming such Cemetery or Burial Ground; and the consideration money or said sum of Five Thousand Seven Hundred and Fifty Pounds, in the said recited Indenture of Bargain and Sale , expressed to be paid by the said several persons , parties to these presents of the first part, was so paid by, and with the monies for that purpose subscribed, and paid by all the several persons parties hereto , as the the said persons , parties hereto of the first part, do hereby admit and acknowledge.
(p6) (Recitial of Erection of Chapel, &c)
And Whereas a Chapel hath been built on the said piece of land or ground hath been formed into a Cemetery or Burial Place, and the same hath also been in part walled in: And Whereas it has been agreed that such General Cemetery or Burial Ground shall be established under the Rules and Regulations and subject to the several Clauses, Provisions , Declarations and Agreements hereinafter contained.
( Witnesseth Trustees to stand seized for the propose of the cemetery.)
Now this Indenture Witnesseth , and is hereby declared and agreed between and by all the parties to these presents, that the said several persons parties hereto of the first part, and the survivors and survivor of them, and heirs and assigns of each survivor , shall stand and be seized of and interested in the said piece or parcel of land or ground, and the appurtenances thereto belonging , upon and for the trusts, intents and purposes, and subject to the several clauses, provisoes, declarations, and agreements hereinafter expressed and declared , ( that is to say, ) IN TRUST to permit the same for ever hereafter to be used and employed as and for a General Cemetery or place of Burial , for persons f all Sects, Persuasions, or Denominations, for the Burial of the Dead to be called ” THE BIRMINGHAM GENERAL CEMETERY, ” under the Rules and Regulations hereinafter expressed , or such Rules and Regulations as shall from time to time be made in pursuance of these presents.
(Also Witnesseth Reciprocal Co-) And this Indenture also Witnesseth that in pursuance of the said above mentioned Agreement, each of ( p7) the said several persons, parties to these presents of the other or second part for himself or herself, his and Heirs, Executors, and Administrators, and as to and concerning the acts , deeds, and defaults of himself and herself , and his and her Heirs , Executors , and Administrators, but no further, doth hereby covenant with the parties to these presents of the one or the first part, their Executors and Administrators; —and also the each of the said persons , parties, to these presents of the one or the first part for himself, his Heirs, Executors, and Administrators, and as to and concerning only the acts, deeds, and defaults of himself, his Heirs , Executors, and Administrators, but no further doth, hereby covenant with each of the several persons, parties to these presents, of the other or second part, their Executors and Administrators, in manner expressed to the several Clauses or Articles , numbered from 1 to 95 both inclusive; hereinafter ( that is to say )—
(N0.1 Title Company )
That they, the said several persons, parties to these presents, shall and will became and be Co-partners together in a Company or Institution, to be called ” THEBIRMINGHAM GENERAL COMPANY,” to bemanaged and conducted , pursuant to the several Rules , Regulation, and Provisions , as shall be made in pursuance of these presents.(N0.2 Capitol Company )
The Capitol of the said Company shall be Twelve Thousand Pounds , to be divided into One Thousand Two Hundred Shares of Ten Pound each, and that (p8) such Shares shall be numbered in the Books of the Company from 1 to 1200; and that the said several persons, parties to these presents, shall respectively be considered as Proprietors or Shareholders for the number of shares set opposite to their respective names, in the Schedule hereunto annexed.
(N0.3 As to payment of Capitol )
That the said sum of Capitol of Twelve Thousand Pounds shall be paid by the proprietors respectively, according to the number of their shares in such sums at such times and in such manner as the directors for the time being of the said company shall , in their discretion proper and in case any instalment or call of capital shall remain unpaid the space of one calendar month next, after the day appointed for the payment thereof search installments show carried interest at the rate of five pounds for every one hundred pounds by the year , to be computed from the day on which the same or to have been paid.
The case of the shareholders for the time being of the said company or their respective executor or administrator shelves you need let or decline to pay any installments or Call of the said capital That shall be required to be paid by order of the directors for the time being for the space of two calendar months after the day to be appointed for the payment there are then every such case the share for share property and interest of the shareholders or l prospective shareholders or his or there respective executor or administrators so refusing neglecting as for said and all ( page 9 ) benefit and advantage there from, should go far as respect the share or shares (search default shall has been made, ) and all previous payments made in respect thereof, thenceforth, unless the board of directors shall within three calendar months decide otherwise, be forfeited to the said company; Nevertheless without prejudice to the right of the board of directors to enforce payment of such call or calls in such manner as they may think proper; and each share which shall be so forfeited as aforesaid shall, (At the direction of the board of directors ) Be extinguished for the benefit of the other shareholders, or shall be sold and issued to some other person or persons desirous of holding shares, In the stead of the person or persons desirous holding shares, in the stead of of the person or persons so forfeiting: And the purchasers of each such share, shall For all the purposes of these presents, and for the covenants, regulations and agreements herein contained , be considered as the proprietor or holder of such share, As in such respect of such share he were the Assignee of the person so forfeiting as aforesaid; and shall execute a Deed of Covenant with the Directors for the time being, or some person or persons to be named by them, binding himself and herself, and to his and her Heirs , Executors and Administrators, to observe and perform the same covenants and agreements, to make the same payments , as the Proprietor or forfeiting, was liable to observe or make or make in respect of the share so forfeited :-
That in all cases , when in pursuance of the provisions contained in these presents , or any of them , any share or shares in the Capitol of the said Company , shall (page 10 ) became Liable to be, or shall be, or acutely forfeited, it shall be lawful for, but in no case imperative on, the Directors for the time being, to remit such forfeiture of liability to forfeiture, and to restore the Owner of such share or shares to his full right and qualifications in respect thereof , provided that no remission of such forfeiture shall be made after such forfeited share shall have been sold or disposed of in manner hereinbefore provided for; nor after twelve calendar months after any such forfeiture shall have been declared: nor so as to prejudice or disturb any dividend which may have been declared; Provided nevertheless that in every case of such remission of forfeiture, the party so forfeiting shall pay interest after the rate of Five Pounds for every One Hundred Pounds by the year, on the instalment or call in payment of which such default was made , to be computed from the day on which the call ought to have been paid, to the day of the actual payment thereof, without any deduction whatsoever.
N0: 6 — Number of Shares to be Written Opposite to names of subscribers.
That the number of shares subscribed for and holden by each person , shall be at the time of his or her executing this Deed. be written opposite to his or her name as Subscribers to these presents, and shall be duly numbered, and a Certificate for each share or number of shares , duly numbered , and in such form as the Directors for the time being shall think proper , shall be delivered to him or her.
N0:7 Names and Residences of Shareholders to be entered in a Book.
Thatthe name and the place of each Shareholder for the time being in the said Company , together with the number of shares held by each of them, shall from time to time be entered in a Book to be kept for that ( page 11) purpose, to be called ” The Shareholders Register “; and every shareholder who shall at anytime change his or her place of abode, or being a female shall marry , and the Assignees of every Shareholder who shall became bankrupt or insolvent , and the personal Representatives or Legatees of any shareholder, who shall leave notice in Writing at the Office of the said Company , in Birmingham, stating his or her place of abode; and when a female Proprietor shall be married then stating the name and place of abode of her husband.
(N06: Notice to Shareholders)
That in all cases where it may be necessary to send any notice to any Shareholders for payment of money , or for a General or Special Meeting of Shareholders, or for any other purpose, it shall be sufficient if such notice be addressed be addressed to each Shareholder, according to his name , address, and place of abode, as stated for the time being , in the said Shareholder’s Register to be kept as last aforesaid.
N0:9 No Person to hold more than 50 shares.
That no person shall in his own right ne allowed to hold more than Fifty Share in the said Institution; either as an ordinal shareholder or by means of purchase, or other acquisition; and no person holding any share in the Company , beyond the number hereinbefore prescribed , at the time of the declaration of any profits shall be entitled to claim or receive the dividend payable upon, or in respect of the share or shares herby prohibited from being held as aforesaid, but the dividends payable in respect of such prohibited share or shares , shall be added to the Capitol ( page 12)
of the said Company, and form part thereof; and each share
Work in progress to be continued.