Ord. 16-1845. Time of taking effect. deem the best for the vacant congregation the sole and unrestricted right of filling up such vacancy by the appointment of whatever individual she or they may select from amongst the number of such ministers as shall by the rules and regulations of the said church for the time being be competent to be appointed to supply vacancies in the ministry thereof. 3. And be it enacted that this Ordinance shall commence and take effect from and after the date of the promulgation thereof. No. 17.] [Dec. 4, 1845. Ordinance for determining the Qualification of Jurors in the District of Natal. No. 1.] [Jan 7, 1846. Ordinance for the Regulation of the Post Office and Postage. [Repealed by Act 4, 1882] No. 2.] [Jan. 7, 1846. Ordinance for creating a Deeds Registry Office for the District of Natal. No. 3.] [Jan. 7, 1846. Ordinance for regulating the Payment of Transfer Duties in the District of Natal. No. 4.] [Jan. 7, 1846. Ordinance for fixing the Age of Majority within the District of Natal. No. 5.] [Jan. 7, 1846. Ordinance for creating Field-cornets and Constables in and for the District of Natal. No. 6.] [Jan. 7, 1846. Ordinance for creating Justices of the Peace within the District of Natal. No. 7.-Sd. P. Maitland.] [Feb. 16, 1846. Ordinance for regulating the manner of Summoning for WHEREAS it is expedient to amend the law relative to the Preamble. manner of summoning persons having or claiming title to any place or property abandoned, deserted, or left derelict, in regard to which any arrear of land-rent shall be due to the Colonial Government, as well as all persons by whom any purchase money of lands or erven bought by them from the said Government, shall be due and owing to the said Government: Be it enacted by the Governor Repeal of former of the Cape of Good Hope, with the advice and consent of the Legislative Council thereof, that all laws and customs heretofore in force in this Colony, in so far as the same are repugnant to or inconsistent with, any of the provisions of this Ordinance shall be and the same are hereby repealed accordingly. 2. And be it enacted that every person having or claiming title to any such place or property as aforesaid, shall be, and be deemed to have been, duly summoned, within the intent and meaning of the eleventh section of Ordinance No. 9, 1844, entituled "Ordinance for facilitating the Recovery of Land-rents in this Colony," when and as often as one edictal citation, granted by the Supreme Court, and directed to the owner, or supposed owner of the place or property in question, and all others having or claiming title thereto, shall have been published in the Government Gazette of this Colony for some space of time, to be fixed by the said Court, not less than three weeks and not exceeding three months; and if no person having or claiming title as aforesaid shall appear at the time and place in such citation limited and fixed for such appearance, then all persons having or claiming title as aforesaid shall be deemed to have made default, and thereupon the same consequences, in all respects shall attach as if default had been made after three or any other number of edictal citations, had successively been granted and published in the usual and customary manner. laws. Citation of debtors dictal summons. for land-rent by Edictal summons chase money. 3. And be it enacted, that in every case in which it shall be necessary to summon by edict any person by whom any amount of for debtor of pursuch purchase money as aforesaid shall be due and owing for the recovery of such amount, such person shall be, and be deemed to have been, duly summoned, to and for all intents and purposes of law, when and as often as one edictal citation, as in the second section of this Ordinance mentioned, shall have been published as in the said second section stated, precisely as if such purchase money were so much land-rent. Natal. 4. And be it enacted that nothing in this Ordinance contained Non-application to shall extend to the district of Natal. 5. And be it enacted that this Ordinance shall commence and Time of taking take effect from and after the date of promulgation thereof. effect. 1 See Ord. 9, 1844, and note. Preamble. No. 8-Sd. P. Maitland.] [Feb. 16, 1846, Ordinance for authorising the Appointment of a Vestry and Churchwardens for the Episcopal Church about to be erected at Graaff-Reinet. WHEREAS it is expedient that the inhabitants of Graaff-Reinet and the parochial limits thereof being members of and holding communion with the United Church of England and Ireland as there by law established should be invested with the right and privilege of choosing and appointing under certain regulations a vestry and churchwardens for the better and more effectual administration and management of all matters connected with the Episcopal Church about to be erected at Graaff-Reinet, and that the said vestry and churchwardens after having been duly appointed should possess. certain powers and perform certain duties as the same are usually possessed and exercised by such officers according to the customs and usages of the said United Church of England and Ireland: And whereas on the appointment of the said vestry and churchwardens it is expedient that the committee and secretary at present constituted should cease and determine: Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent Annual election of of the Legislative Council thereof, that on the first Wednesday in the month next but one ensuing after the promulgation of this Ordinance, and annually afterwards on the same day, a general meeting of the male inhabitants of Graaff-Reinet aforesaid and of the parochial limits thereof being of the age of twenty-one years or upwards and members of and holding communion with the United Church of England and Ireland as there by law established shall be holden at Graaff-Reinet, fourteen days' notice whereof, shall be given by the minister of the said church for the time being by promulgation during divine service and by notice posted on the doors of the church or by advertisement in one of the public papers. of this Colony for the purpose of electing a vestry, and it shall and may be lawful for the inhabitants as aforesaid or a greater part assembled at such meeting to elect from among themselves any number of persons not exceeding eight, in manner and subject to the provisions hereinafter mentioned, who together with the officiating minister for the time being shall form a vestry charged with the duties and invested with the powers hereinafter mentioned. vestry. Auditors. Qualification members of vestry. 2. And be it enacted that two other persons not being members of the said vestry shall likewise be elected at such meeting as aforesaid to be auditors of the accounts of said vestry. of 3. And be it enacted that every male inhabitant householder being of the age of twenty-one years or upwards and a member of and holding communion with the church aforesaid and residing at Graaff-Reinet or within the parochial limits thereof shall be eligible to be a member of the said vestry: Provided, always that no person shall be entitled to vote at such election or be eligible. to be chosen a member of the vestry or an auditor of accounts thereof so long as (legal demand having previously been made) any just claim had upon him by the said vestry as such shall remain unsatisfied. sons. O.. 8 -1818. 4. And be it enacted that a list of all persons eligible according List of eligible perto the provisions of the foregoing section shall be prepared by the officiating minister so long as there are no churchwardens appointed, and when churchwardens shall have been appointed as is hereinafter provided, then by the minister and churchwardens conjointly, and shall be open for inspection of all persons entitled to vote at the election of the said vestry and auditors at least fourteen days before any election is to take place. 5. And be it enacted that at every such general meeting as Manner of election, aforesaid the election shall be carried on by lists duly signed by such inhabitants as aforesaid respectively and containing the names of the persons for whom they vote to be elected as vestrymen and as auditors. 6. And be it enacted that the officiating minister for the time Chairman. being shall preside as chairman at the meetings of the said vestry, provided that in his absence from any such meeting one of the other members shall be chosen to act as chairman; and in case the votes of the said vestry be equally divided the chairman or acting chairman shall have a casting vote in addition to his own. 7. And be it enacted that five members of the said vestry or Quorum. four members besides the chairman shall form a quorum and shall be competent to perform all matters and things which may be done by the vestry under and by virtue of any of the provisions of this Ordinance. 8. And be it enacted that it shall and may be lawful for the Power to make, said vestry so from time to time constituted and appointed to alter, &c., rules. frame, adopt, alter, or rescind such rules, orders, and by-laws as may to them appear expedient for their guidance in the discharge of their duties and for more effectually executing the provisions of this Ordinance, and also to take such order for the management of the said church as shall to them seem expedient; provided that the same rules, orders, or by-laws contain nothing repugnant to law or to the tenor of this Ordinance or to the customs and usages of the United Church of England and Ireland as there by law established. 9. And be it enacted that the said committee shall upon the Cessation of comappointment of the said vestry deliver over to the said vestry all mittee. deeds, books, and papers relating to the church in their custody or power and all sums of money in their possession or control; and the office and duties of the said committee shall thereupon cease and determine. as to administration, 10. And be it enacted that the said vestry as from time to time Powers of vestry constituted and elected by such members of the said church as &. aforesaid shall and may have and exercise the whole power and 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. 11. And be it enacted that it shall and may be lawful for the said vestry for the time being to call in and compel payment of all sums of money which are or shall be at any time hereafter due and payable to their order by virtue of any of the provisions of this Ordinance, and in their own names to make and enter into, perform and execute, or compel the performance and execution of all such contracts and agreements, matters and things as they shall from time to time deem necessary for the good of the church aforesaid. 12. And be it enacted that it shall and may be lawful for the said vestry as such from time to time to commence and maintain all such suits and actions in any competent Court in this Colony as they shall deem necessary in performance of the trust reposed in them against any person whatsoever; and all such suits and actions shall and may be brought by them in the name of "The Vestry of St. James' Church," without specifying the christian or surnames of the members of the vestry and no action shall abate by reason of the death or removal or going out of office of any individual members thereof. 13. And be it enacted that all suits or actions the cause of which shall arise or accrue to any person whatsoever from or by reason of any contract or other matter or thing made or entered into or performed by the said vestry in the execution of the said trust or shall arise or accrue to any person whatsoever against the said vestry shall be brought by such person in manner and in name aforesaid and not against any individual member of the said vestry. 14. And be it enacted that the said vestry shall keep an account wherein they shall enter money received and paid by them 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 members holding communion with the said church at the general annual meeting aforesaid, and published if requisite for general information. 15. And be it enacted that the said vestry shall forthwith on their appointment or as soon as conveniently may be choose out of their own number two persons to be churchwardens, who shall perform and execute all lawful acts, and matters, and things for the good order and decency of behaviour to be kept in the said church by the congregation thereof, and for preserving to all persons their rights in the pews and sittings thereof, and providing the said church (by order and at the charges of the said vestry) with necessary and customary furniture for the performance of divine service, and for |