Ord. 4-1829.

per retention of

24. And be it enacted that any trustee who shall retain in his Penalty on impro- hands or knowingly permit any co-trustee so to retain any sum of money by trustees. money exceeding twenty pounds, part of the church fund, longer than until the first day after his receiving the same upon which it shall be possible for him to pay the said sum or cause it to be paid into the said bank, or shall employ for his own benefit or knowingly permit any co-trustee so to employ any sum of money, part of the church fund, shall and may be removable by the said shareholders from his said office, and shall, moreover, forfeit and pay, for the benefit of the church fund, double the amount of the sum so retained or employed, and which shall and may be recovered by the other trustees by action in any competent Court.

Winding up of ac

of church.

25. And be it enacted that as soon as the said church shall be counts on completion erected and completed as aforesaid the accounts of the said trustees shall thereupon be finally wound up and audited, and laid before the shareholders for their inspection; and no further call shall be afterwards made upon the shareholders in respect of their shares.

Death, resignation, or removal of trustee.

Formation of ves

try.

Duty of vestry.

Election of church

26. And be it enacted that in case any trustee shall die or desire to resign his said office or shall be removed as aforesaid, the surviving or other trustees shall forthwith call a meeting of the shareholders for the purpose of electing a new trustee in the place of the one so dying or desiring to resign or being removed as aforesaid; and the same notice shall be given of the time and place of the said meeting and the same proceedings shall be observed thereat as upon the original election of trustees: Provided, however, that no trustee shall be permitted to resign his office until he shall have duly accounted to the satisfaction of the shareholders for all sums of money at any times received by him.

27. And be it enacted that as soon as the said church shall be erected and completed as aforesaid the trustees shall take over and enter upon the same; and the care and government of the said church shall thenceforward, and until the said loan shall have been wholly paid off in manner hereinbefore provided together with the interest thereon as aforesaid, be committed to a vestry consisting of the officiating minister for the time being and the trustees elected by the shareholders in manner aforesaid; and the said minister shall when he is present preside at the said vestry, and when he is absent then one of the trustees elected by them; and in case of an equality of votes at any meeting of such vestry, the president shall have a casting vote.

28. And be it enacted that the duty of the said vestry shall be. to provide the said church with necessary and customary furniture for the performance of divine worship and the use of the officiating. minister therein, and to keep the same clean and in proper repair.

29. And be it enacted that there shall be two churchwardens wardens out of ves- chosen yearly, on the first Monday in October, by the vestry from their own number, who shall perform and execute all lawful acts, matters, and things necessary for the good order and decency of

behaviour to be kept and observed in the said church by the congregation thereof, and for preserving to all persons their rights in the said pews and sittings.

Ord. 4-1829,

minister,and church

30. And be it enacted that before any choice of pews by the Pews for governor. shareholders shall take place there shall be set apart and allotted by wardens." the vestry a pew sufficient to hold ten persons at least for the use of His Excellency the Governor of this Colony, another pew sufficient to hold six persons for the minister, and a third sufficient to hold four persons for the churchwardens; and there shall be also Free seats. set apart in some convenient part of the said church three hundred

free seats at the least for the use of poor persons.

31. And be it enacted that as soon as may be after the erection Selection of pews. and completion of the said church the trustees shall call together the shareholders of each class according to their number of shares, for the purpose of exercising their right in the choice of pews; and the rents of all such pews as shall be chosen by shareholders shall be fixed according to the number of sittings at which such pews respectively shall be rated at fifteen shillings yearly for each sitting, and no more.

Rent.

pews.

32. And be it enacted that after the shareholders shall have Notice of vacant chosen their pews in manner provided for that purpose the trustees shall give notice of all the pews and seats which are then vacant, by affixing the same in writing upon the door of the said church and otherwise as they shall see fit; and the said trustees shall give the like notice for six successive weeks at the end of each all the pews which are vacant or will become vacant at the commencement of the next year.

year of

33. And be it enacted that all the pews and seats in the said Letting of pews. church except the pews set apart for His Excellency the Governor, the minister, and churchwardens, and the said free sents and the pews chosen by shareholders shall and may be let by the said trustees by the year or for any shorter period to any person desiring to take the same at a rent to be affixed to the same respectively by the vestry, and payable at such times and in such manner as shall be appointed by the trustees; and the holder of any pew so rented shall and may possess and occupy the same by himself or his assigns, without any hindrance or disturbance by any person whatsoever until the end of the said term; provided he shall continue to pay the rent affixed to the same at the times whereon and in the manner in which the same shall be made payable.

of arrear pew rent.

34. And be it enacted that it shall and may be lawful for the Proceedings in case trustees, whenever and as often as it shall happen that the rent of any pew is in arrear and unpaid for the space of twenty-eight days after the same is due and payable, to give notice to the possessor of such pew forthwith to quit and give up the possession thereof; and thereupon it shall and may be lawful for the said trustees to re-enter into the possession of the said pew for the

Ord. 4-1829.

Burials.

Monuments, vaults,

&c.

monument,

&c.

vault,

purposes of this Ordinance without any other form or proceeding whatever, and no person having been so dispossessed of his pew for non-payment of rent shall be entitled afterwards to any priority in the choice of a pew: Provided, however, that nothing herein contained shall extend or be construed to deprive the trustees from recovering the amount of such rent in arrear by action as aforesaid in any competent court.

35. And be it enacted that no burial shall take place within or under the said church, or any part of the enclosed ground about the same; but the burials of all persons according to the rights and ceremonies of the Church of England shall take place in the burialground consecrated and allotted, or which may hereafter be consecrated and allotted, to the said church for that purpose.

36. And be it enacted that it shall and may be lawful for the officiating minister and churchwardens for the time being to permit any monuments to be erected or placed in such convenient parts of the said church, or of the enclosed ground about the same, or in the burial-ground belonging thereto, or vaults to be dug and made in the said burial-ground, upon the payment to the fund of the said church for such permission by the person or persons desiring to erect and place any monument in the said church or enclosed ground about the same, or in the said burial-ground, or to dig and make any vault in the said burial-ground of such a reasonable fee as shall be affixed by the said vestry for such permission, according to the terms and extent thereof.

Rights of owner of 37. And be it further enacted that it shall and may be lawful for any person or persons erecting or placing any monument in the said church or enclosed ground about the same, or in the said burialground, or digging and making any vault in the said burialground by and with such permission as aforesaid, to have, maintain, and keep up such monument or vault according to the terms of such permission to and for the sole and separate use of the said person or persons and his or their heirs for ever.

office of trustees. auditors, &c.

Determination of 38. And be it enacted that on the first Monday in the month of October next after the whole of the said loan and the interest thereon shall have been paid off and discharged as aforesaid, the office of the trustees and auditors shall thereupon cease and deterElection of vestry. mine, and in the place of the said trustees there shall be elected on the said first Monday in October, and yearly afterwards on the same day, by and out of the resident inhabitants of Cape Town, being members of and holding communion with the United Church of England and Ireland as by law established, a like number of persons, who shall together with the officiating minister for the time being form a vestry for the future care and government of the said church, and a like number of other persons to be auditors of the accounts of the said vestry; and the trustees last in office as aforesaid shall upon the last-mentioned vestry entering upon their said office surrender and give up to the said last

mentioned vestry all documents, books, plans, papers, and vouchers relating to the said church and the administration of the funds thereof, and all sums of money in their custody, possession, or control arising from and belonging to the church fund.

39. And be it enacted that the said vestry so from time to time constituted and elected by such inhabitant householders as aforesaid shall and may have and exercise all the same powers, rights, and duties respecting the said church, and the care and government thereof, and the administration of the funds, rents, and revenues thereof, and all other matters and things relating to the same as shall and may be exercised by the trustees and vestry or either of them constituted and elected by such shareholders as aforesaid under and by virtue of any of the provisions of this Ordinance, in so far as the said powers, rights, and duties shall be applicable to the then existing circumstances of the said church.

Ord. 4-1829.

Powers and duties of vestry.

40. And be it enacted that this Ordinance shall be deemed and Public ordinance. taken to be a public Ordinance, and shall be judicially taken notice of as such by all Judges, Magistrates, and others, without being specially pleaded.

No. 5. (Local).-Sd. G. Lowry Cole.]

[June 13, 1832.

For Authorising a Sum of Money to be raised in Shares for Building a Church at Bathurst.

WHEREAS several persons being desirous of erecting a church Preamble. at Bathurst for the celebration of divine service according to the rites of the United Church of England and Ireland as by law established, and being ready and willing to raise and provide by way of loan for that purpose a certain sum of money as hereinafter mentioned, at a public meeting of the said persons, holden at Bathurst on the 27th day of April, in the year of our Lord 1829, a committee of management was appointed for carrying their intention into effect: And whereas His Excellency the Governor hath agreed to grant from the treasury of this Colony, as a donation towards the building and completing the said church, to the persons who shall undertake and become bound for completing the same, the sum of two hundred and fifty pounds in manner following, that is to say: the sum of two hundred pounds when and as soon as the sum of five hundred pounds of the said loan so to be raised and provided by the said persons as aforesaid shall have been paid by them, and the remainder of the said sum of two hundred and fifty pounds when the whole building shall be taken over from the contractors in a complete state: And whereas the venerable Society in England for the Promoting of Christian Knowledge hath agreed to grant and place at the disposal of His Excellency the Governor a certain sum of money for furthering

Ord. 5-1832.

the religious interests of this Colony, according to a mode of appropriation to be recommended by His Excellency and subject to the approval of the said Society: And whereas His Excellency the Governor hath recommended to the said Society that a sum of two hundred and fifty pounds or three hundred pounds of their said. grant, according as the said Society shall think fit, shall be appropriated as a donation towards the building of the said church at Bathurst, and His Excellency hath also accordingly agreed to pay to the persons who shall undertake and become bound for completing the said church the said sum of two hundred and fifty pounds or three hundred pounds, or such other sum as shall be approved of and granted by the said Society for this purpose, when and as the said money shall be received by him from the said Society: And whereas several other persons have agreed to subscribe certain sums of money by way of donations for furthering the building and completing of the said church: And whereas at a public meeting of the persons interested in the said church, holden pursuant to notice thereof on the 14th day of September in the year of our Lord 1831, it was agreed and resolved by the said persons, that in order to raise a sum of money amounting together with the said sum of money agreed to be granted by His Excellency the Governor from the Colonial Treasury as aforesaid and the said sum of money agreed to be granted by the Society for Promoting Christian Knowledge as aforesaid, and the said other donations to the sum of one thousand pounds being near or about the estimated cost of building and completing the said church, a certain number of shares should be disposed of, that is to say, one hundred and four shares at five pounds each: And whereas the following persons have agreed to take shares in the said loan as aforesaid, that is to say, the Reverend William Wright, Walter Currie, the Reverend William Carlisle, and the Honourable Captain Andrew Stockenstrom, four shares each; John Smith, three shares; James Corbould Wilmot, Thomas Hartley, George Anderson, William John Earle, Henry Augustus Crause, William Burnet Biddulph, Joseph Weakley, Alexander Bisset, Thomas Frederik Cowderoy, William Gilfillan, Robert Wood Bagot, William Austin, Donald Moodie, William Waddel, John Carlisle, Benjamin Norden, Thomas Hewson, Jonathan Wainwright, John Norton, and Richard Peacock, two shares each; Samuel Harper Bradshaw, Richard Bradshaw, John Centlivres Chase, John Morris, Edward Hunt Dell, William Lyall, George Mugglestone, William Roberts, William Rowland Thompson, Robert Godlonton, George Gilbert, William Edward Crout, James Boardman, Isaac Dyason, John Henry Dixon, John Mandy, Peter Campbell, George Fredrik Stokes, Leopold Schmidt, Ralph Goddard William Edward Smith, Charles Stone. Richard Stone, George Edward Joseph, John Rafferty, John M'Kenny, Mynhardus Johannes van Nuldt Onkruydt, the Reverend George Morgan,