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Provision when the annual election of trustees may not be made within the prescribed time.
Powers vested in the Colonial Chaplain as chairman of trustees transferred to the Bishop.
ORDINANCE No. 3 of 1850.
Church.
thereunto belonging shall become and be vested in the existing trustees of the said church and their successors for ever in trust for the purposes of the said church.
2. And be it further enacted and ordained, that if at any time hereafter, by reason of the non-attendance of voters, trustees shall not be elected, in pursuance of the fourth section of the said Ordinance No. 2 of 1847, on the last Thursday of each month of April in every year, then and in such case it shall and may be lawful, at any time within the following month of May, to and for the two elected trustees of the preceding year or the survivor of them, or in the event of their death or absence from the Colony, to and for the Lord Bishop of Victoria, or in his absence to and for the Colonial Chaplain or Acting Colonial Chaplain, to nominate and appoint any two duly qualified persons to act as such trustees for the then current year of office.
3. And be it further enacted and ordained, that the several powers vested in the Colonial Chaplain by the fifth section of the said Ordinance No. 2 of 1847, as chairman of the trustees for the said cathedral church, be and are hereby vested in and transferred to the Bishop of Victoria and his successors, or in his or their absence from the Colony, in the Colonial Chaplain or Acting Colonial Chaplain for the time being. Provided always, that in the event of any meeting of the said trustees being convened, and that the said bishop although within the Colony may not be in attendance, then and in such case he may either depute the Colonial Chaplain to attend as such chairman in his stead, or failing such deputation, that it may be lawful for the trustees present at such meeting to elect a chairman from those members in attendance.
Provision for renting the unrequired portion of free sittings.
4. And be it further enacted and ordained, that if at any time it shall appear to the trustees of the said church that the one-third part of the sittings directed by the seventh section of the said Ordinance No. 2 of 1847, to be appropriated as free sittings for the use of the poorer classes of the population, be an unnecessarily large proportion for that purpose, then and in such case it shall be lawful for the trustees to rent out and set the excess of the said third for one year, and so on from year to year, until it shall appear necessary to the trustees to again allot the said full proportion of a third to its original purpose. And that when and as soon as four eligible sittings shall become vacant, the same shall be assigned and set apart for the use of the said bishop and his family.