728918-1847-31-Mar-1847 — Page 2

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Nad Merch 18) HONGKONG

TING DECIMO VICTORLE REGINE

No. 2 of 1617.

BE His Excellency Sir Jana Francis Divia, 1. Governor and Commander in Chief of the Hongkong and its Depende and

of the same. Her Majesty Pleni

iperintendent of the Trade: jeels in Cains, with the Advice of

Council of Hongkong.

Hongkong

An Ordinance to Provide for a Church in Victoria in the Island

Wannas several persons have: subscribed ce nisin suma of money for the purpose of erecting Church at Viatorin in The island of Hongkong for the celebration of di ving worship according to the rites of the United Church of England and Ireland, and by sorne Mi- Larreal doty appointed by the Government; whereas consent of the Legislative Council has consented to grant from the public cles a cum aqual to double of the amonnt of sub

to contributed, provided that such grant ball not exceed the aom of Four Thousand Six Hundred Pounds Sterling: And whereas it is ex pedient to provide for the immediate appointment and continual succession of Trustees for the direc. tion of the building of the said Church, according to such plan and specification as shall have been sanctioned by His Excellency the Governor, and confirmed by Her Majesty's Government:

1. It is therefore hereby enact- powered to give ed, by His Excellency the Gover- Four Thousand six nor of Hongkong, with the advice. Handred Pounds, and consent of the Legislative towards building * Council, That it shall be lawful

barch.

for the Governor, by Warrant un- der his hand, to authorize the issue from the Trea. sury of this Colony of any sum orauma, not exceed. ing in all Four Thousand Six Hundred Pouude Sterling, to be applied under the direction of Trustees, to be appointed as hereinafter provided,

Governor

Provision.,

to the building of a Church in Victoria; provided that no such issue shall be made until one third

of the whole estimated cost thereof shall have been raised by subscription and lodged in the General Treasury.

IL And it is further enacted, Two Trustees to belected by ach- That before any sum or smms of, scribers and four money shall be issued as aforesaid, zomicated toy the the parties, subscribing shall by Governor,

plurality of voles elect from among themselves two persons to acles Trustees, and such election shall take place at a meeting of the sub scribers, of the time and place of holding which meeting ten day's notice shall have been promously published in the public papers of this Colony. And upen intimation being given to the (overnor of the election of auch two persons as aforesaid, the sal Governor shall thereupon nominate, in the pro- ortion of the Government share of the expense of the building, four other persons to act as Trustees, And the real estate in the said Church and in all Iands and hereditamenta thereunto belonging shall be thereupon conveyed to she said Tusires so elected and nominated, and their successors to be elected and nominated as hereinafter provided, for ever, in trust for the purposes of the said Church.

Papers looks, c. to be dever. ed to Trustees,

IV. And it is further enacted,

That the said Trustees so elected

and nominated as aforesaid shall

THE FRIEND OF CHINA AND HONGKONG GAZETTE,

(ciner alall be filled as soon at magbe convenient

į

Proviso

Trusioca anibos

nali.rised to permit the mind erection of Monu. Tauchments with the pre

eraonta such

by some other person du fed, to be nominated per, Provided alway general meeting shall not be called within after the death, resignation, Dr. Trustee from the Golony, it shall be lawful for the Governor to nominate some person duly qualified as aforesaid to be a Trustee.43

Vips Comet ofalte Governer,

No parean to

XIX. And it is further enacted,

rond prayers or That no person shall be suffered preach except (o- to sing or say the Common or lonin! Chaplain or open Prayer, or, to administer the to preach nay persons huising Sacraments, or

sermon in the said Church, except

for him.

X, And it is further enacted, Thetit shall and may be lawful for The major part of the Trustees, with the previous consent of the Governor and with his approval of any proposed epitaph or inscrip. Lion, to permit any monuments to be erected or placed the Colonial Chaplain duly appointed to the said in such parts of the said Church as they may deem Church, or some Clergyman duly authorized to convenient, upon payment to the said Trustees for officiate for him.

XX. And it is further enacted, the use of the said Church for such permission by

Penalty on die. the person or persons desiring to erect or place any

That every person who shall wil. turbing congrega- tion. monament in the said Church, of such charges as

fully and maliciously, either within or from without the said Church, are contained and set forth in the Schedule here. punta annexed; and it shall be lawful for any person disturb the performance of public Worship therein, or persona erecting or placing any monument in or in any way during such timo molest any of the the said Church, by and with such permission as congregation, shall be guilty of a misdemeanour, aforesaid, to have and maintain and keep up such and be liable on conviction before the Chief Ma monument aacording to the terms of such permis.gistrate of Police or any Magistrate of Police to a sion, to and for the sole and separate use of the said Pine not exceeding One Hundred Dollars, and an person or persons, and his or their heirs for over, defantt of payment to imprisonment with or without XIL Provided always and it is hard labour for any póriod not exceeding Three further enacted, That it shall not Months. ko lawful to bury any body within

J. F. DAVIS, the said Church or within the en

Governor, &c. &c.

VII, And it is further enacted, Bittings ip Church a how to be appro That the Trustees for the time be pristad

Ing duly nominated and elected as by aforesaid, or the major part of them are hereby authorized and required to set apart, as soon as conveniently may be after the completion of the said Church, one-third part of the whole number of sittings therein, to be appropriated, fres of any charge whatever, to the use and accommo dation of the poorer classes of this population; and also one pow containing not more than four sittings for the use and occupation, free from all charges, of the Clergyman licensed to officiate on the said Church; and the remaining sittings, after due pro- vision shall have been made 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 tono. their successors for the purposes hereinafter inea-

Trustees to fix*

Pruniso.

VIII. And it is further enacted, the rant of Sittings That it shall and may be lawful Annually, for the Trustees for the time being or the major part of them, and they are hereby required, so soon as auch partition of the Church shall have taken place as in the pre- ceding clause mentioned to asses 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 aforesaid, and to make agreemenis and contracts with any person desitous to engage the same according to such assessment. And such rato or rent shall be in force for one year from the limo of the assessment thereof. And at the expiration of such year the Trustees for the time boing shall assess and fix a fresh rate or rest for the year in mediately following. And a fresh assessment shall in like mannor be made annually and every year. And the Trustees for the time being shall be at all timea empowered to make agreements and contracts 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 inefficient to defray the several charges and costs necessary for effect. ing and providing all things required by this Ordin- ance, it shall and may be lawful for such Trusters, or the major part of them, by eigth 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 expe- diency of amending and increasing such assessment; and it shall appear to the majority of such meet ing, 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 nasessment, as by them shall be deemed suf ficient, to meet such posts and charges, and such higher rate shall the upon become due and pay able and shall continue to be charged and collected for the same period that the rate for which it is so substituted would oth wise have been in force.

IX. And it is further enacted,

Subscribera of Ten Punnda to That every subscriber towards the have prosty of building of the said Church to the choice of Setnings, amount of not less than Ten Pounds Sterling shall have a right in the first instance to become a renter of a 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 ex. ceeding pix sittings, according to the amount of their subscriptions--the subscriber to the larger amount to have the prior choice, and the choice of sub- cribers to an equal amgunt to be determined by

fot.

Party having en-

to be disturbed.

i

1. And it is further emcted, That upon that election and no- mination of Trustees as aforesaid, all deeds, books, plans, papers, and vouchers relating to the raid Church, and all and any sums of money, donatious, or subscripitons, given or bacribed for the purpose aforesaid, shall be delivered over to the said Trusters.

Trustees to be elected anmaally.

continue to be and to act as Trustees until the last Thursday in the month of April, One Thousand

X. And be it further enacted, Eight Hundred and Forty-Eight. And upon such goged a Sitting not That any person having engaged day auch Trustees shall cease to have any power

any pew or sittings, and continu. or authonity so to act. And two persone shall be

ing to pay rent for the same aC- elected at a general meeting to be held on that day, cording to the rate fixed, and also conducting him- and four other persons shall be nominated by the self in the said Church so as not wilfully or mali- Governor as soon as confenient thereafter to be ciously to disturb the performance of public wor Trustees of the said Church for the year immedia-ship, or to molesi soy part of the congregation at- jely ensuing. And a fresh election and nomination tending the same, shall not be, under any pretence of Trustees shall in like manner take place upon whatever, removed or ejected without his or her every last Thursday in the month of April in every own consent, from the occupation of such or year thereafter, and copies of the minutes of every sitings at all times when the said Church shall be ministration of any Sacrament or other rite or ce- open for the performance of public Worship, the Ordinance shall be transmitted remony, according to the use of the United Church without delay to the Colonial Se-

of England and Ireland. Provid- cretary, Provided always that no

ed revertheless, That if any per person shall be selected a Trustee of any general

bon having engaged any pew or meeting before the completion of the said Churchettings in the said Church under agreement to pay who shall not have paid up a sabscription thereto for the same according to the rate or rent assessed cd at least Twenty Pounds Sterling, or after its com- thereupon, shall suffer such rent to fall into arrear, pletion who shall not be renter of at least three and to continue onpaid for three months after the Fitting therein, nor any person who shall not be a game 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 miting, 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 en- gaging and occupying any such pew or sittings, and continuing to pay the rent sessed upon the same, shai, by any unsuitable noise, gesture, or deport ment, wilfully and irreverently in

the celebration of Puclic

chell des

God disturb

election or nomination of a Trustee which shall take place under the provisions of any clanse in this

Provision,

member of the United Church of England and Ire

land.

Colonial Chaplain

7. And it is further enacted, That the Colonial Chaplain for the time being day appointed to the

Church, or during his ab Cherryman duly appointed to officiate times be ex officio Chairman of have the power of roting Shairman except in cases

teer present shall be

arther Enected,

Provizo.

Person datürbe ing the congrega

on to be deprived

and may be Jas

congregation

aid

Bodies not to ba buned within or near the Church,

closed ground about the same.

Tuntees to cal. feet all dues to the Church and to np.

XIII And it is further enacted, That it shall be lawful for the Trus- tors for the time being, or the ma propriate them in jor part of them, and they are here. payment of sale-

by required to collect and gather, ries, repairs, &c.

or cause to be collected or gathered, all sums of money which shall be due for pews or sitings in the said Church, and all subscriptions and donations thereunto, and all renta and revenues that may at any time arise out af any land or here ditaments 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 tho same from all persons who shall fail or refuse to pay 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 improve- menta of the said Church and premises as shall to them appear most expedient.

the same.

Actions to be

XIV. And it is further enacted, brought by and That it shall be lawful for the Trus- tees for the time being, or the më- Againet Trustees,

jor part of them, to make, or

enter inte, perform, and execute, and compel the perfor- monce and execution of all such contracts and agree. mente, matters and things, and to comments and maintain all such suits and actions as they shall deem necessary to the performance of the trust reposed in them. And all such contracts and agreements shall and may be entered into and enforced, and all such suits and actions be brought by them, in the naine of the Trusters of the Church at Victoria," or Trustees of St John's Church at Victoria," as the case may require, without specifying the Chistian or Surnames of the Trustees, and no action shall abate by reason of the death or removal or going tions, the cause of which shall arise or accrue to any out of Lifice of any Trustee. And all suits or an

person whatsoever, from or by reason of any con- tractor agrement, or any other matter or thing, made or entered into, done or performed by the said Trustees in the execution of the said Trust, shall be brouht by such person against the said Trustees, under the name and title aforesaid.

Auditors to be

the

XV. And it is further enacted, elected sonually. That one person not being a Trus. tee shall be elected at a general meeting to be called by the Trustees immediately after the completion of the building of the said Churel, to be an Auditor of the accounts rendered by the Trustees of the said building; and one other person not being a Trustee shall be nominated by the Governor to be an Auditor for the same purpose And one person shall thereafter be elected at a ge- neral meeting on the Thursday in every month of

said Trustees, and one other person not being a April to be an Auditor of the yearly accounts of the Trustee shall be therespon nominated by the Go vernor to be an Auditor for the same purpose and during the same period,

Trusiose to keep

and

annual accounts, submit then with Audi generel meeting

lor's report at a

every year.

XVI. And it is further enacted That the Trustees shall keep an account, wherein they shall enter all money received and paid by them, under and by virtue of the provisions of this Ordinance, which account the Auditors, or either of them, me 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 general annual meetings, to be held on the last Thursday in every month of April and the Official Gazete, said accounts shall be there upon published in the

Trustees to call

a general meeting apan receiving & by Twenty Sub requisition signed scribenteuer

XVII. And it is further enact ed. That it shall be lawful for the Trustees for the time being or the hereby required to call a generál major part of them, and they are meeting of the subscribers or ren-

of Sitting BREEDASH

ters of Billings, as the case may be, within twelve days after receiving any requisi- tion in writing to that effect signed by not less than twenty of such subscribers or renters. And ien days notice of the time and place of halding such general meeting shall be affixed in some conspi- cuous part of the said Church when completed, or until its completion in some conspicuous place or places within the town of Victoria, prenota

Who to vote at XVIII And it is further enact general meethings. ed. That the right of young at every general meeting until the cald Church shall have been reported by the proper, Egberty to be completed and it for

hall be absorbers who infe pai

Paused the Legislative Council of Hongkong, this Eleventh Day of March, 1847.

L. DALHADA 8 CASTRO,

Clerk of Councila,

SCHEDULD.

Erecting a Tablet or Cenotaph in the Church not less than One Hundred Dollars nor more than One Thousand Dollars.

To the Editor of the Friend of China.

Canton, 27th March 1847.. SIR.In the China Mail of 25th loss, a letter appeara dated 20th March 1847, signed a British Bubject, wherein the British Government, although having cognizance thereof is charged with neglecting to bring to Justice parties guilty of felonious and riotous acts,

The writer states. I will mention only two of the no- "merous acts for which British Subjects so far as I knew have met with no punishment. The Bret' fact is un * of which the British Consul had hail cognizance-Unt "a poor Chinaman one of the Gate keepers of the Honga at in front of the American Garden was some time ago "severely stabbed. A complaint on the part of the poor. "man was brought before the Consul, but we are not in "formed of the result of the investigation, and you will oblige the Canton Community by explaining how the "case was decided."

But how does this--British Subject-attempt to sustain this atrocious charge against our justly and highly estecun- ed Consul By mere assumptions only, for he admi that he has not been informed of the result of the investi gation before making the charge he should have salighed himself of its truth, but he has preferred making the charge and calmly leaves it for the Editor of the China Mall to investigate its truth, of

But had truth and justice been his object, he might have applied to the British Consulate; where he could have in specied the records when he would have found that in- stead of neglecting to bring to Justice, parties guilty of felonious and riotous acts, that the British Consul, had held a mest careful and searching enquiry into the alleged circunstances, and that the parties charged were found guilty of an assault, for which they were fined (the change of stabbing was disproved, and admitted reluctantly by the Chinaman to be untrue, the wound in his foot being quite superficial, and such as could not have been inflicted by the sword of a walking stick.)

The other instance which bas not yet met punishment-- alluding to the "Drill Meetings which were held in Can- this British Subject" states to be the Military Practice-- ton some time since, and he ventures to give his opinion as to the legality of such proceedings, and their probable influ ence on the rabble of Canton &c.; all which lucubraticas an equally harmless and unimportant, and cannot provoke comment nor contradiction; but when. A British Sub- ject" departs from this course to prefer grave and heavy charges, seriously affecting the honor and integrity of our government Officer, charges made with recklessness and without any proof or attempt at substantiation, bea contempt in converted into disgust, and astonishment with indignation are equally felt by the honorable and candid of

I am, Sir A

Your obdt. Servant, ENGLISHMAN,

all nations.

To the Editor of the Friend of China. de

Canton, 7th March, 1847. SIR, In an issue of the China Mall, I notice some very erroneous remarks respecting the absconding of s citizen of the United States, being at the time of bis de parture indebted to a British Subject. In making use of the term Erroneous, I am of opinion that it is far too milit as expression to apply to the statements set forth by the #Mail."

As a Friend of the unfortunate he atlades to, I feel bound to contradict the statement set forth by the Editor of the Mall." He speaks of a YOUTH having became indebted to a Chinese Innkeeper for aundry Champagne Dinners, at which my Friend was present, leaving the Public to suppose that my friend led this amiable enth into soch extravagances. Now the fact is this; the chilt alluded to is much older than the Editor of the "Mai" himself! My friend never inet him at Dinner, neither did he partake of champagne, or any other liquid at his expense. The amount my dead claims from this man, extravagant Clothes, musical Boxes, Jewellery Etc-very amounts to nearly $400; there fourths of which was for different from Champagne Dinners Be gained cred from him and his (hinese Friends by false statements and fraudulent pretences, setting forth that a much respected member of the House in which he resided (then at Sha

ghai) on his return, would liquidate all his debts, bolding to lils Order the supi of $40,000.

On the arrival of this Gentelman the statement of the YOUTH was flatly contradicted It appeared that he was indetted to the House to the extent of some 6 or 700 dol lars; that he was sent to Chins for the improvement ofhis inoral health, and merely received into their House out of respect to his Friends, who I know are highly respectect and respectable, payings L

The Members of the House therefore were not to blame

in receiving him but it is quite certain that had to ofisin

elsewhere be never would have been enabled to obtain

the credit and money he did. ****

The Editor of the ** Mail” states that THE YOUTH gare an order on this Father for the amount of the debts he had incurred in China.” To my certain knowledge his Father has been dead years and years ago Living Fathers seldom honor drafts of their worthless offspring, how can they be expected to do so when having late in their graves for received in business form, being payable on demand years? The promissory note my Friend holds be without discount. It is true that be will not lose the whole of the amount because the endorser will course take back the note, but no matter who loses the amount eventually, this does not exonerate THI YOUTH from dishonesty You Are perfectly right Dis Editor to

y letter, In your statement respecting thi appeal made the Creditor and son lijs

MrConsul Macgregor United States Consol to prevent the

You are equally right bes, that he had no power fre you ibit, not only Me American here, would

protect the

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