[Ord. 15 anno 1868.] No. XXXVII. Who may der Ordinances 14 of 1855. at any time sue for, prosecute, and recovor any such Fine Penalty, Forfeiture, or Seizure, in the same manner as if this Ordinance had not been passed. 5. All Fines, Penalties, Forfeitures, and Seizures, incurred or made under any of the provisions of either of said Ordinances No. prosecute un- 16 of the year 1854, and No. 14 of the year 1855, may—as regards 16 of 1854 and the first of such Ordinances-be sued for, prosecuted, and recovered by the Comptroller or Sub-Comptroller of Colonial Customs. or by any other Officer of Colonial Customs authorised by either of them, or by any Police Officer or Constable, or Revenue Officer, and may-as regards the second of such Ordinances-be sued for, proseeated, and recovered by the Comptroller or Sub-Comptroller of Rum Duties, or by any Commissary of Taxation, Police Officer or Constable, or Revenue Officer: But no prosecution for or in respect of any such Fine, Penalty, Forfeiture, or Seizure, exceeding in amount or value Two Hundred and Forty Dollars, shall be commenced without the previous authority in writing of Her Majesty's Attorney General or Advocate General. Revenue Defence Fund established. 6. Whenever any Fine or Penalty shall be recovered or paid in any case of summary jurisdiction, the Justice of the Peace receiving the same, before proceeding to the distribution or appropriation of such Fine or Penalty, under any Ordinance regulating such distri bution or appropriation, and whether there be an informer's share or not, shall deduct and retain from and out of such Fine or Penalty a Sum equal to ten per centum of the gross amount thereof, and he shall cause the Clerk monthly to pay over all such sums so deducted and retained to the Receiver General, who shall enter the same to the credit of a Fund to be called "The Revenue Defence Fund." 7. In like manner there shall be deducted and retained from Ten Per Cent. and out of the gross proceeds of evety Forfeiture or Seizure, reato be paid to lised, recovered, or paid, a Sum equal to ten per centum of such gross proceeds, and the Justice or Officer receiving such gross pro of Forfeitures Fund. ceeds shall pay over every such Sum so deducted and retained to the Receiver General to the credit of the said Fund. 8. Where [Ord. 15 anno 1868.1 No. XXXVII-XXXVIII. · share of Fines, 8. Where by any Law or Ordinance any Share or Portion of any Governor's Fine, Penalty, Forfeiture, or Seizure, is appropriated or made pay- to be paid able to the Governor of this Colony, such Share, or Portion shall be to Fund. paid over to the credit of the said Fund. of Fund. 9. The said Fund, under the order and direction of the Governor Appropriation and at his discretion, shall be applied to providing the Officers of Colonial Customs, Commissaries of Taxation, Revenue Officers, and all other Officers and Servants of the Colonial Government engaged in the collection or protection of the Revenue, with legal advice and assistance, and in defraying on their behalf the costs of legal proceedings, in all matters and cases in which in the opinion of the Governor the public interest is concerned; and the Receiver General may from time to time, upon the warrant or order of the Governor, pay such sums for the purposes aforesaid from and out of such Fund as the Governor shall direct, without any furthur or other order or formality. No. XXXVIII. AN ORDINANCE FOR THE INCORPORATION OF THE CURATES [Ord. 18 anno AND WARDENS OF DISTRICT CHAPELS IN THE COLONY OF Enacted 16th July, 1868, published the 18th following, came into operation on publication. [FRANCIS HINCKS, Governor.] 1868.1 WHEREAS in divers Parishes in this Colony District Chapels Preamble. have been established in connection with the Church of England, and Curates have been nominated and licenced thereto having separate cure of souls, and annual salaries have been assigned to them by Ordinance: And it is expedient that provision should be made for incorporating the Curates and Wardens of such Chapels: Be it therefore enacted by His Excellency the Governor of British Guiana with the advice and consent of the Court of Policy thereof as follows: [Ord. 18 anno 1868.] of Terms. No. XXXVIII. 1. In this Ordinance the following words and expressions shall Interpretation have the meanings hereby assigned to them respectively, unless there be something in the subject repugnant to such construction, that is to say Governor to dens on recom "Bishop" shall, in case of his absence or inability to act, or of a vacancy in the See, include the Vicar-General of the Diocese: "District Chapel" shall mean any Church or Chapel of the Church of England other than the Parish Church, to the Curate or Incumbent of which an annual salary is now or hereafter shall be assigned by Ordinance. "District Curate" shal! mean any such Curate or Incumbent. 2. In every Parish in this Colony wherein there shall be a District Chapel, it shall be lawful for the Governor to appoint two fit appoint War and proper persons to be Wardens of such Chapel and from time mendation of to time to fill up vacancies in the number of such Wardens; and such Chapel Wardens shall be appointed upon the recommendation of the District Curate, whose duty it shall be to report to the Go vernor any vacancy which may occur. District Curate. Curate and Wardens in. corporated hold Lands. 3. The Curate and Wardens of every District Chapel, by their name of office and specifying the particular Chapel, shall be a Body Politic and Corporate, with perpetual succession, and it shall not and enabled to be necessary for them to have a common seal, and they shall have full power and authority in their corporate name to sue and be sued, and to acquire and hold immoveable property, and to grant mortgages thereon, and to sell and transport the same: Provided always that the annual value of the land held by any one District Curate and Chapel Wardens shall in no case exceed. Two Thousand Five Hundred Dollars. 4. When and so soon as any two Wardens shall be appointed Notice of ap for any District Chapel under the provisions of this Ordinance, pointment of Wardens to be notice thereof shall be given in the Official Gazette for general published. information, and such notice shall be conclusive evidence of the dne incorporation of the District Curate and Wardens of the Chapel for the purposes and within the meaning of this Ordinance, and the date of incorporation shall be deemed to be the date of the publication of the notice. [Ord. 18 anno 1868.] No. XXXVIII. Power to mortgage Revenues and Property of District Diet Cha 5. The said several Curates and Chapel Wardens in their corpo rate name, may borrow money on Bonds or other Securities for the purposes of erecting, renewing, or repairing the District Chapels or other Buildings under their management and control, and may pelries: secure the repayment of any sum or sums of money so borrowed and of the interest thereon by granting a preferent lien on security by Bond or by Mortgage on the Revenues of the respective District Chapels under their management and control, as well as on the Buildings and immoveable property held by them in their corporate capacities Provided always, that no immoveable property shall be Proviso. acquired, sold, or transported by any such Curate and Chapel Wardens, and also that no Bonds, Mortgages, or other transferable evidences of debt shall be granted or issued by them, without the consent of the Governor and Court of Policy; and the Governor and Court of Policy shall, before granting such consent, obtain evidence to their satisfaction that the property sought to be acquired, sold, or transported, or that the Loan required by such Curate and Chapel Wardens, is for an object approved of by the Bishop of the Diocese, and that adequate provision has been made for the total extinction of the debt with the interest thereon within a period not exceeding twenty years. sing Trans Mortgages and 6. It shall be lawful for any such District Curate and Chapel Mode of pas Wardens for the time being, in their corporate name, to pass and ports and cxecute, grant, accept, and receive any Transport, Mortgage, Bond, legal proce or other Security, authorised to be executed or received under the dure. provisions of this Ordinance; and in all legal proceedings against any such District Curate and Chapel Wardens service of process upon the Curate for the time being shall be good and sufficient service, and in all legal proceedings by any such District Curate and Chapel Wardens, the power ad litem shall be signed by the Curate and Chapel Wardens for the time being. and provision for defaced or 7. All Bonds issued by virtue of this Ordinance may be in the Form of Bonds form in the Schedule to this Ordinance annexed, or as near thereto as circumstances will admit, and in case any Bond so issued shall 1st Bonds. by accident be defaced, it shall be lawful for the District Curate and Chapel Wardens to cause a new Bond to be made and delivered to the bearer, and to cause the defaced Bond to be cancelled in their presence; and the Bond so cancelled shall be filed and the new Bond shall bear the same number, date, and principal sum and carry R [Ord. 18 anno 1868.] Duties of Wardens. Moneys to be deposited in Bank. Annual ac counts to be laid before Court of Policy. Commence. ment of Ordi. pance. No. XXXVIII. carry the same interest and be subject to the same rules as the cancelled Bond; and any such Curate and Chapel wardens on proof to their satisfaction that any Bond issued under this Ordinance has been lost or destroyed before the same shall have been paid off, may, if the number and amount of such Bond shall be ascertained, and on being furnished with due security for indemnifying them for any loss to which they may at any time be subjected by reason thereof, issue a new Bond corresponding in all respects with the Bond so lost or destroyed, or if any Bond when so lost or destroyed shall be overdue may cause the money due thereon to be paid off and discharged. 8. The Wardens of every District Chapel who shall be appointed under the provisions of this Ordinance, shall collect and receive the Rents of the Pews and Seats in the District Chapel, and shall do, perform, and execute all lawful acts, matters, and things necessary for the maintenance of the fabric thereof, and for the recovery of the Pew Rents, if in arrear; and the money given at the Offertory at such Chapel, shall be disposed of by the District Curate and Wardens thereof in the same manner as the money given at the Offertory at any District Church in England, is by the Law of England directed to be disposed of by the Minister and Church Wardens thereof; and the persons to be appointed Chapel Wardens shall continue in their said office for three years from the date of their respective appointments and until others shall be appointed in their stead. 9. All Moneys at the disposal of any District Curate and Chapel Wardens shall be deposited in one of the Local Banks of the Colony in their Corporate Name, and such Moneys shall not be drawn out of any such Bank except by Cheque signed by the Curate and Chapel Wardens for the time being. 10. The Curate and Wardens of every District Chapel shall lay before the Governor and Court of Policy, on or before the first day of March in each Year, an exact account of their receipts and expenditure, and a copy of the same shall be affixed to the doors of such Chapel. II. This Ordinance shall come into operation and take effect on the publication thereof. SCHEDULE. |