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EGM - 1913 CONSTITUTION

THE DEAN GARDENS  RULES AND REGULATIONS

[CONSTITUTION]

 

As adopted at a meeting of Proprietors 3.2.1913 and amended at Meetings on:

14 February 1945

27 February 1950

23 February 1951

25 February 1958

27 February 1959

28 February 1963

 

EXTENT   1. The Pleasure Ground acquired by Feuars of Dean, extending from parapet wall West of the Dean Bridge along the Water of Leith to the wall on the West side of Ann Street at the junction of Upper Dean Terrace and down to the water’s edge is called “The Dean Gardens”           .

 

TRUSTEES   2. The ground is vested in five Trustees, of whom three are a quorum, who hold it as a Pleasure Ground for the Proprietors and those who may be admitted to use it.

 

PROPRIETORS AND SUBSCRIBERS

                        3. The Proprietors are Feuars of Dean who have subscribed £10 and upwards towards the acquisition, formation and maintenance of the Dean Gardens, and have paid their annual subscriptions. Any such Feuar who shall hereafter subscribe at least £15 may apply to become a Proprietor, and if approved by the Committee as constituted under Rule 5 hereof and on payment in any year of his Annual Contribution, to be fixed as provided in Rule 7 hereof, he and his family shall have right of access to the Gardens for that current year, The right of Proprietorship shall as heretofore attach to the house in virtue of which the Subscription is given.

Subscribers are any others than the Proprietors who may be admitted to the use of the Gardens by the Committee in terms of Rule 7.

 

ELECTION OF TRUSTEES          

                        4. The Trustees are elected by the Proprietors, and any vacancy that may occur is filled at the next Annual General Meeting of Proprietors.

 

COMMITTEE OF MANAGEMENT

                        5.  The Gardens shall be managed by a Committee of ten Members of the Gardens (of whom three shall be a Quorum). These ten Members may be either Proprietors or Subscribers and vacancies shall be filled by the Members at the Annual General Meeting.

                        6. Two members of Committee shall retire annually and shall not be eligible for re-election for at least one year.

                        7. The Committee shall have power generally to manage the Gardens, to superintend and maintain them, to appoint a Secretary, an Auditor, or other officials, Gardeners and Rangers, and to fix their duties and remuneration; to determine the Annual Contribution that may be necessary; to admit others than Proprietors on such terms as the Committee may decide; to adjust questions of privileges; to admit new Proprietors; and generally to have full authority to act in name of the Proprietors.

ANNUAL MEETING

                        8. The Proprietors shall meet annually in the month of February on a day to be named by the Committee. Special Meetings may be called on a requisition signed by ten Proprietors.

Subscribers shall also be entitled to attend Annual and Special Meetings of the Proprietors and to vote personally thereat except on questions affecting these Rules and Regulations.

                        9. Votes may be given at the Annual or Special Meetings of the Proprietors, either personally or by Proxy. The instrument appointing a Proxy shall be in writing under the hand of the Appointer, and must be lodged at the Office of the Secretary at least 48 hours before the time of the Meeting at which the Proxy is to vote. No instrument of appointing a Proxy shall be valid after the expiration of twelve months from the date of its execution. Subscribers should also be entitled to attend the Annual and Special Meetings of Proprietors and to vote personally except on matters affecting the Rules and Regulations and matters specifically falling within the province of the Committee of the Proprietors.

 

RIGHT OF ACCESS

                        10. Those subscribing to the Gardens and their families, and visitors residing with them, shall alone be entitled to use the Garden Keys except in the case of a house being let, when the keys may be transferred to the person occupying the house; and the lessee and his family and visitors shall have the same right use them as the Proprietor, but not both at the same time.

                        11. Two Keys may be given to each Proprietor or Subscriber, and one additional  to each member of Committee. Additional keys may be issued at the discretion of the Committee to Proprietors or Subscribers on payment of 50p per annum for the second, and 50p for any future keys. (See Rule 23).

                        12. All keys shall be numbered, and a register of persons to whom these are issued kept by the Secretary; a label with the name and address of the Subscriber shall be attached to each Key.

                        13. No person shall lend or transfer his key, under liability of forfeiture thereof; but everyone enjoying the right of access may exercise the privilege of admitting his friends in company with himself or a member of his family.

                        14. In the event of a Key being lost, application for another must be made in writing; and the applicant shall state that the Key has not been given away but lost, and undertake that, if found, it will be returned to the Secretary. The Committee, if satisfied, may issue a new Key on payment of 50p.

                        15. Persons to whom Keys have been issued must, on removing from the house in connection with which they possess Keys, report the fact to the Secretary and return their keys without delay.

                        16. Servants of persons entitled to access, when on their employer's business, shall be allowed to enter the grounds - strictly conforming to these Rules.

DOGS             17. No Proprietor or Subscriber shall be entitled to bring more than two dogs into the Gardens at the same time, and these must be accompanied by their owners or responsible members of their households, and be under proper control.

            Should any Proprietor or Subscriber consider the conduct of  a dog in the Gardens to be a nuisance, he may lodge a complaint with the Committee who shall forthwith consider same, and, if satisfied, order such dog to be excluded from the Gardens. in the event of the owner declining to obey the order of the Committee, his 

right to access to the gardens shall be forfeited.

                        18. Games of Football, Cricket, Quoits, Rounders, and such like shall not be allowed. Bicycles and Tricycles may not be used in the Gardens.

            The destruction of Birds or their Nests is strictly forbidden. Offenders will be liable to prosecution under the Wild Birds Protection Acts.

 

POWERS OF THE GARDENER

                        19. The Gardener or any other person appointed by the Committee is empowered to call for production of Keys, and to check the improper use of them; on finding anyone not duly authorised to keep such Key, he shall be entitled to require delivery of it and shall report the matter to the Secretary, when the Committee shall consider as to further action.

 

ARREARS OF SUBSCRIPTION

                        20. Any Subscriber in arrear at the 1st May shall be held to have forfeited his right to the use of the Gardens, and shall deliver up his Keys accordingly to the Secretary on demand.

 

DAMAGES   21. The committee shall assess all damages done to the property; the Heads of Families shall be held responsible for offences committed by their children, servants, or dogs, besides being liable to the forfeiture of  their keys for such period as the Committee may determine.

 

ALTERATION OF REGULATIONS

                        22. Proprietors and Subscribers, by acceptance of keys of admission, are to be held bound by the Rules and Regulations.

 

23. The Committee of Management may demand a returnable deposit on each key issued.

 

24. There shall be no alteration on the Rules and Regulations except by a resolution of a majority of two-thirds of the Proprietors attending or voting by Proxy at a meeting specially called for the purpose, of which notice of not less than 7 days shall be given. Any other question arising at a Meeting shall be settled by a majority of those present or voting by Proxy, the Chairman having both a deliberative and a casting vote.

 

                                                            In the name of the Proprietors and by order of

                                                                         the Committee of Management.

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