Proviso
minated by the Governor as soon as convenient thereafter to be Trustees And a fresh of the said Church for the year immediately ensuing. election and nomination of Trustees shall in like manner take place upon every last Thursday in the month of April in every year there- after, and copies of the minutes of every election or nomination fa Trustee which shall take place under the provisions of any clause in this Ordinance shall be transmitted without delay to the Colonial Secretary. Provided always that no person shall be elected a Trustee at any general meeting before the completion of the said Church who shall not have paid up a subscription thereto of at least Twenty Pounds Sterling, or after its completion, who shall not be a renter of at least three sittings therein, nor any person who shall not be a member of the United Church of England and Ireland.
V. And it is further enacted, That the Colonial Chaplain for the to be ex-officio time being duly appointed to the sail Church, or during his absence Chairman of Trus the Clergyman duly appointed to officiate for him, shall at all times bo ex-officio Chairman of the Trustees, but shall not have the power of voting by reason of being such Chairman except in cases where the votes of the Trustees present shall be equal.
Colonial Chaplain
tees.
how to be filled.
Vacancy occa VI. And it is further enacted, That whenever any Trustee shall sioned by death, die, or shall resign, or shall leave the Colony, then in case such Trustee resignation, or re- shall have been originally elected at a general meeting, his vacancy moval of Trustees, shall be filled by some other person duly qualified in like manner as such Trustee, to be elected at a general meeting to be called for that purpose as soon as may be convenient by the continuing Trustees or And in case such Trustee shall have been the major part of them. originally nominated by the Governor, his vacancy shall be filled as soon as may be convenient by some other person duly qualified, to Provided always that if such general be nominated in like manner. meeting shall not be called within one mouth after the death, resigna- tion, or departure of such Trustee from the Colony, it shall be lawful for the Governor to nominate some person duly qualified as aforesaid to be a Trustee.
Proviso.
Annually.
Sittings in Church VII. And it is further enacted, That the Trustees for the time how to be appro- being duly nominated and elected as aforesaid, or the major part of priated.
them, are hereby authorized and required to set apart, as soon as con- veniently may be after the completion of the said Church, one-third part of the whole number of sittings therein, to be appropriated, free of any charge whatever, to the use and accommodation of the poorer classes of the population; and also one pew containing not more than four sittings for the use and occupation, free from all charges, of the Clergy- man licensed to officiate in the said Church; and the remaining sittings, after due provision shall have been inade for the free accommo- dation of the Governor and his family and suite in the Chancel or elsewhere, and of the Military, shall be assigned to the Trustees for the time being and their successors for the purposes hereinafter mentioned. Trustees to fix VIII. And it is further enacted, That it shall and may be law- the rent of Sittings ful for the Trustees for the time being or the major part of them, and they are hereby required, so soon as such partition of the Church shall have taken place as in the preceding clause mentioned, to assess and fix a rent or rate for each pew or sitting, with the exception of such pews or sittings as shall have been set apart and reserved as afore- said, and to make agreements and contracts with any person desirous And such rate or to engage the same according to such assessment. rent shall be in force for one year from the time of the assessment thereof. And at the expiration of such year the Trustees for the time being shall assess and fix a fresh rate or rent for the year immediately following. And a fresh assessment shall in like manner be made annually and every year. And the Trustees for the time being shall be at all times empowered to make agreements and con- tracts in respect of any pew or sitting which shall be vacant. Provided always that if it shall at any time appear to the Trustees or the major part of them that such annual assessment will be insufficient to defray the several charges and costs necessary for effecting and providing all things required by this Ordinance, it shall and may be lawful for such Trustees, or the major part of them, by eight days' previous notice in writing, affixed in some conspicuous place in the said Church, to call a general meeting, for the purpose of taking into consideration the expediency of amending and increasing such assess- ment; and if it shall appear to the majority of such meeting, not being fewer in number than twenty, that such assessment will not be sufficient to provide for all such necessary costs and charges, it shall and may be lawful for the said majority to substitute such higher assessment, as by them shall be deemed sufficient, to meet such costs and charges, and such higher rate shall thereupon become due and payable and shall continue to be charged and collected for the same period that the rate for which it is so substituted would otherwise have been in force.
Proviso.
Subscribers of
IX. And it is further enacted, That every subscriber towards the building of the said Church to the amount of not less than Ten Pounds Ten Pounds to have Sterling shall have a right in the first instance to become a renter of a priority of choice
of Sittings. pew or sitting in preference to any other person who shall not have so subscribed; and such subscribers shall amongst themselves have priority in the choice of pews or sittings not exceeding six sittings, according to the amount of their subscriptions the subscriber to the larger amount to have the prior choice, and the choice of subscribers
to an equal amount to the determined by lot.
Proviso.
X. And be it further enacted, That any person having engaged Party having en- any pew or sittings, and continuing to pay rent for the same accord. gaged a Sitting not ding to the rate fixed, and also conducting himself or herself in the to be disturbed. said Church so as not wilfully or maliciously to disturb the perfor- mance of public worship, or to molest any part of the congregation attending the same, shall not be, under any pretence whatever, removed ur ejected without his or her own consent, from the occupation of such pew or sittings at all times when the said Church shall be open for the performance of public Worship, the ministration of any Sacrament, or other rite or ceremony, according to the use of the United Church of England and Ireland. Provided nevertheless, That if any person having engaged any pew or sittings in the said Church under agree- ment to pay for the same according to the rate or rent assessed there- upon, shall suffer such rent to fall into arrear, and to continue unpaid for three months after the same shall have been demanded by the Trustees or by any person empowered by them, or the major part of them; or if any person having engaged as aforesaid any pew or sitting, shall refuse to pay for the same such increased rate of rent as the Trustees, according to the provisions hereinbefore described, shall have assessed and affixed; or if any person engaging and occupying any snch pew or sittings, and continuing to pay the rent assessed upon the same, shall, by any unsuitable noise, gesture, or deportment, wilfully and irreverently interrupt the celebration of Public Worship, or shall designedly and habitually disturb any part of the congregation within ing the congrega- the said Church,-in all such cases it shall and may be lawful for the tion to be deprived of his pew or sit- Trustees to issue a monition to every such defaulter or offender, and
tings. in case such defaulter or offender shall not forthwith pay all such arrears or shall not amend and desist from the practice so complained of, it shall be lawful for the said Trustees to convene a general meet- ing to whom it shall be competent to authorize the said Trustees to declare such pew or sittings occupied by the party complained of to be
vacant.
Person disturb-
XI. And it is further enacted, That it shall and may be lawful Trustees autho- for the major part of the Trustees, with the previous consent of the rized to permit the Governor and with his approval of any proposed epitaph or inscrip- erection of Mon- tion, to permit any monuments to be erected or placed in such parts previous consent of the said Church as they may deem convenient, upon payment to the Governor. the said Trustees for the use of the said Church for such permission
by the person or persons desiring to erect or place any monument in the said Church, of such charges as are contained and set forth in the Schedule hereunto annexed; and it shall be lawful for any person or persons erecting or placing any monument in the said Church, by and with such permission as aforesaid, to have and maintain and keep up such monument 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.
ments
with the
XII. Provided always and it is further enacted, That it shall Bodies not to be not be lawful to bury any body within the said Church or within the buried within or
near the Church. enclosed ground about the same.
XIII. And it is further enacted, That it shall be lawful for the Trustees to cot- Trustees for the time being, or the major part of them, and they are lect all dues to the
Church and to ap hereby required to collect and gather, or cause to be collected or
propriate them in gathered, all sums of money which shall be due for pews or sittings
payment of sala- in the said Church, and all subscriptions and donations thereunto, and ries, repairs, &c. all rents and revenues that may at any time arise out of any land or hereditamente belonging to the said Church, and all fees or payments for monuments or vaults, and to apply for the said sums and to sue for the recovery of the same from all persons who shall fail or refuse to pay the same. And the said Trustees shall, out of the said sums so received or recovered, regularly pay the salaries allotted to all lay persons holding any office in or about the said Church, according to such rates and at such periods as shall be determined upon by the majority of the said Trustees, and shall apply the surplus in such repairs and such improvements of the said Church and premises as slial to them appear most expedient.
Actions to be
XIV. And it is further enacted, That it shall be lawful for the Trustees for the time being, or the major part of them, to make, or brought by and enter into, perform, and execute, and compel the performance and against Trustees. execution of all such contracts and agreements, matters and things,
and to commence and maintain all such suits and actions as they shall
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