Ord. 5-1932.

Receipts by trus

under and by virtue of the provisions of this Ordinance, which account the auditors or either of them may inspect at all reasonable times; and the said account, together with any report of the auditors or either of them thereon, shall be laid before the shareholders for their inspection at their general annual meetings.

22. And be it enacted that the trustees shall as soon as they tees exceeding £10. shall receive any sum of money exceeding ten pounds open and keep an account with any person or persons not being trustees who shall be appointed by the shareholders for that purpose at any general meeting; and every other sum of money exceeding ten pounds so received by the said trustees shall be forthwith paid Drafts by trustees. into the hands of the person or persons so to be appointed by the shareholders for that purpose, to be placed to the credit of such account; and all cheques or orders for payment of any such money thus deposited shall truly express the cause of such payment and the name of the person in whose favour it is drawn, and shall be signed by all the trustees or by two of them for themselves and co-trustees.

Penalty for retaining or funds.

trustees.

23. And be it enacted that any trustee who shall retain in his employing hands or knowingly permit any co-trustee so to retain any sum of money exceeding ten 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 to the person or persons appointed as aforesaid, 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 fund so retained or employed, and which shall and may be recovered by the other trustees by action in any competent Court.

Final accounts of 24. And be it enacted that so soon as the said church shall be 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 trustees.

25. 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 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 time received by

church.

care

26. And be it enacted that as soon as the said church shall be Ord. 5-1832. erected and completed the trustees shall take over and enter upon Temporary the possession of the same; and the care and government of the and government of said church shall thenceforward, and until the said loan shall have been wholly paid off in manner herein before 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 all the members of the said vestry shall have an equal right of voting in matters belonging to it, except that in case of an equality of votes the president shall likewise have a casting vote. 27. 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. 28. And be it enacted that there shall be two church wardens Churchwardens, chosen yearly on the first Wednesday in October by the vestry of. 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 ali their rights in the said pews and sittings.

persons

Duty of the trustees' vestry.

election and duties

29. And be it enacted that before any choice of pews by the Free pews. shareholders shall take place there shall be set apart and allotted by the vestry a pew sufficient to hold six persons for the minister and another sufficient to hold four persons for the churchwardens; and there shall also be set apart in some convenient part of the said church the due proportion of free seats for the use of poor persons.

Choice of pews by shareholders,

30. And be it enacted that as soon as may be after the erection and completion of the said church the trustees shall call together rent thereof. 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 by the vestry according to the number of sittings therein.

31. And be it enacted that after the shareholders shall have 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 year of ail the pews which are then vacant or will become vacant at the commencement of the next year.

and

Notice of vacant

pews.

32. And be it enacted that all the pews and seats in the said Renting of unapchurch, except the pews set apart for the minister and church-propriated pews. wardens and the said free seats and the pews chosen by shareholders,

N

Ord. 5-1832

Remedy for non

shall and may be let by the 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 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.

33. And be it enacted that it shall and may be lawful for the payment of pew rent. 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 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 purpose 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.

No burials within the church.

Erection of monuments and vaults.

Rights in monuments or vaults.

34. And be it enacted that no burial shall take place within or under the said church, but the burials of all persons according to the rites and ceremonies of the Church of England shall take place in the burial-ground consecrated and allotted or which hereafter may be consecrated and allotted to the said church for that purpose.

35. 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 or 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.

36. 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 digging and making any vault in the said burial-ground, 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.

Ord. 5-1832.

government

of

37. And be it enacted that on the first Wednesday in the Permanent care and month of October next after the whole of the said loan and the church. interest thereon shall have been paid off and discharged as aforesaid the office of the trustees and auditors shall thereupon cease and determine, and in the place of the said trustees there shall be elected on the said first Wednesday in October, and yearly afterwards on the same day, by and out of the resident inhabitants of Bathurst and of the parochial limits thereof, 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 two 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 to 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.

of shareholders'

38. And be it enacted that the said vestry so from time to time Powers and duties constituted and elected by such inhabitant house-holders as vestry. 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.

39. 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. 6.]

[Nov. 11, 1833.

For authorising a Sum of Money to be raised in shares for building a Church at Wynberg.

[Repealed by Act 9 of 1891.]

No. 7.]

[Dec. 18, 1833.

For erecting a Toll on the New Road through Howison's Poort.

[Repealed by Ordinance No. 3, 1815.]

No. 8.]

[Jan. 7, 1834,

For regulating the Toll at Port Elizabeth. [Repealed by Ordinance No. 3, 1845.]

No. 1.]

[June 3, 1834

Ordinance for altering and amending an Ordinance entitled "Ordinance of His Honour the Lieutenant-Governor in Council, for making Regulations for the Conduct and Proceedings of the Masters and Crews of Merchant Vessels arriving in the Ports of this Colony," dated the 27th day of November, 1827.

[Repealed, in the repeal of Ordinance No. 29, which it amended, by Ordinance No. 4, 1844.]

No. 2.]

[June 4, 1834.

Ordinance for altering and amending an Ordinance entitled "Ordinance of His Excellency the Governor in Council, for fixing the Quantities of Wines and other Liquors allowed to be sold under Licence, and the Stamp Duties to be paid for Licences; and for regulating certain matters in regard to the making and selling of such Liquors," dated the 27th day of June, 1832. [Repealed by Ordinance No. 29, 1846.

1851.]

No. 3.]

Vide Ordinance No. 9,

[June 11, 1834.

Ordinance for altering and amending the Ordinances entitled respectively, "Ordinance of His Honour the Lieutenant-Governor in Council, for the better regulation of the Post Office in the Colony of the Cape of Good Hope," dated the 9th day of October, 1826, and "Ordinance of His Excellency the Governor in Council, for altering and amending the Ordinance No. 25, entitled 'An Ordinance for the better regulation of the Post Office in the Colony of the Cape of Good Hope,'' "" dated the 9th day of February, 1829.

[Repealed by Ordinance No. 1, 1846.]

No. 4.]

[July 31, 1834.

Ordinance for erecting, constituting, and establishing Police Courts to be holden in Cape Town and Simon's Town respectively, and for defining the Duties and Jurisdiction of the Judge and Superintendent of Police of Cape Town, and of the Justice of the. Peace of Simon's Town, respectively.

[As to Simon's Town repealed by Ordinance No. 14, 1847; wholly repealed by Act No. 11, 1860.]