No. XVIII.-XIX. [Ord. 2 anno 1849.] Ordinance, ex altered. them (if any) as are by this Ordinance repealed, altered, or other- tend to this wise provided for, shall remain in full force and effect, to all intents cept as hereby and purposes, as if the same powers, provisions, matters, and things were hereby and herein repeated and re-enacted. 7. And be it enacted, that this Ordinance shall be incorporated with the aforesaid Ordinances No. 16 of the year 1846, and No. 16 of the year 1847, and that all the clauses and provisions of this Ordinance shall form part of the said Ordinances No. 16 of the year 1846, and No. 16 of the year 1847, and shall be construed together therewith as forming one Ordinance. No. XIX. 1849.] AN ORDINANCE TO REPEAL "AN ACT TO ESTABLISH AND [Ord. 6 anno Enacted 23rd January, 1849, published the 24th following, came into operation on publication. [WILLIAM WALKER, Lieutenant-Governor.] WHEREAS it is expedient to repeal an Act entituled ❝ An Act Preamble. "to establish and Regulate Vestries in the United Colony of Deme rary and Essequebo," and also to repeal an Act entituled "An "Act to amend an Act entitled an Act to Establish and Regulate "Vestries in the United Colony of Demerary and Essequebo," and also to repeal an Ordinance entituled "An Ordinance to Establish "and Certain Ordi nances repealed. Court of Po "and Regulate Vestries in the District of Berbice, in the Colony of "British Guiana," and to make other provisions in lieu thereof : I. Be it therefore enacted by the Governor of British Guiana, with the advice and consent of the Court of Policy thereof, that an Act entituled "An Act to Establish and Regulate Vestries in "the United Colony of Demerary and Essequebo," and also an Act entituled "An Act to amend an Act entitled an Act to Es"tablish and Regulate Vestries in the United Colony of Demerary "and Essequebo," and also an Ordinance entituled "An Ordinance "to Establish and Regulate Vestries in the District of Berbice, in the Colony of British Guiana," except as hereinafter excepted, shall be and the same are hereby repealed. 2. And be it enacted, that His Excellency the Governor and the Governor and Court of Policy shall nominate and appoint from out of the resident licy to appoint inhabitants in each and every Parish in the Colony of British fit persons with Guiana, not more than six persons, nor less than four, to compose, with the Rector or Minister of the Parish, a Vestry, and shall nominate proper persons as aforesaid to fill up all such vacancies as shall be reported from time to time to have occurred in any of the said Vestries. the Rector to compose a Vestry. day of every a month. 3. And be it enacted, that the said persons so nominated, shall, Vestry to meet on the last Friday of every month, and at such other times as the on the last Fri- President of the Vestry for the time being may deem necessary, assemble for the purpose of regulating such matters as may be brought before them; and that the Rector or Minister of every Parish respectively shall be the President thereof, and that three members, together with the Rector or Minister, or President for the time being, shall constitute a quorum, and all accounts, documents, and vouchers relating to the affairs of the said Vestry, shall then and there be submitted to and laid before such Vestry for examination and approval: Provided always, that in the event of the death, absence, or incapacity of the Rector or Minister, the senior lay member of such Vestry present, shall be and is hereby authorised and required to act as President of the Vestry for the time being, and that any three members present shall, with such President for the time being, constitute a quorum for the transaction of business. Proviso. Members au 4. And be it enacted, that in the event of the President of such One or two Vestry as aforesaid refusing or neglecting, when thereunto requested thorised to by any two or more members of the Vestry, to convene a meeting convene a meeting of the of the said Vestry, any two or more members of the said Vestry are Vestry. hereby anthorised and required to summon and convene a meeting of such Vestry as aforesaid in the same manner and form as if the said meeting had been summoned and convened at the instance of the President of such Vestry as aforesaid. ber. 5. And be it enacted, that the said Vestry shall, at least eight Vestry bound to lay over a days previous to the ordinary session of the Court of Policy to be Statement to held in the month of October of every year, lay over a statement of the Court of Policy in the all sums of money by such Vestry received and expended; also an month of Octoestimate of the probable amount of the sum or sums of money which may be required by such Vestry for the service of the ensuing year, specifying the purposes for which the same is required, and all and every statement, estimate, document, or report transmitted by any Vestry, shall be signed by the President for the time being, and by such of the members of the Vestry as shall have been present when the same was prepared, and such Vestry shall have power to regulate and direct the expenditure of the money granted. the disposal of the Banks. 6. And be it enacted, that no account against the Parish shall All Monies at be passed except at a meeting of the Vestry thereof, duly convened the Vestry to as aforesaid, and at which a quorum of members as herein before be deposited in provided for be present, and that all monies at the disposal of any Vestry shall be lodged or deposited in one or other of the Banks of this Colony, in the name of such Vestry, and that no Cheque for the payment of any money shall be valid without the signature of the President for the time being, and three other members of the said Vestry. nominated to the office of stry. Vestry bound to serve. 7. And be it enacted, that every person who shall be nominated All persons to serve in any Vestry, shall be, and he is hereby required and bound to accept of the said office, and discharge the duties thereof for the term of three years from the date of his appointment, on pain of forfeiting the sum of One Hundred Dollars to the use of the Colony, unless he shall allege a reasonable cause for such refusal to the satisfaction of the Governor and the Court of Policy, or to the Governor [Ord. 6 anno 1849.] ble to re appointed. Proviso. No. XIX. Governor during the non-session thereof, such penalty to be recoverable by the Attorney-General in due course of law. : 8. And be it enacted, that any person who may have served as Persons eligi- a member of any Vestry shall be eligible to be re-appointed thereto Provided always, that the penalty herein before mentioned shall not be forfeited by or recoverable against any such person so re-appointed whose full period of service shall have expired, and who shall refuse or decline to accept of such re-appointment, unless the term of one year shall have elapsed since his previous service. Vestry may sue for the 9. And be it enacted, that each Vestry shall and may sue for and recover any sum or sums of money for pew rents now due, or hereafter recovery of any to become due, in respect of the renting, hiring, or occupancy of any money due for Pew-Rents. pew or sitting, in any Church or Chapel in this Colony, and also all dues, revenues, and emoluments of whatsoever kind or description to which they or either of them may be entitled, and may sue and be sued, implead and be impleaded, in all Courts within the Colony of British Guiana, under the name of the Vestry of the Parish of A or B, as the case may be, in the County of Demerara, Essequebo, or Berbice, as the case may be, and that service of process upon the President for the time being shall be deemed and taken to be good and sufficient service: Provided always, that in the event of any suit or action being about to be commenced at the instance of any such Vestry, the power ad lites in every such suit shall be executed by the President of the Vestry for the time being, and any three lay members of such Vestry; and in every action at the instance of any such Vestry the production or filing of such power ad lites shall be deemed sufficient evidence of the authority to institute such action. Proviso. clause. 10. And be it enacted, that nothing contained in this Ordinance Construction shall relieve or discharge any Vestry or party liable to account for any sum or sums of money under any Ordinance or Law existing prior to the publication of these Presents, from such liability to account; and that every such Vestry and party shall remain liable as aforesaid, notwithstanding the passing and taking effect of these Presents; and that all penalties and forfeitures heretofore incurred under and by virtue of the provisions of an Act entituled "An Act "to Establish and Regulate Vestries in the United Colony of De "merary [Ord. 6 anno 1849.] No. XIX-XX. merary and Essequebo," of an Act entituled "An Act to amend an Act, entitled an Act to Establish and Regulate Vestries in the "United Colony of Demerara and Essequebo," and of an Ordinance entituled "An Ordinance to Establish and Regulate Vestries in the "District of Berbice, in the Colony of British Guiana," shall and may be sued for, prosecuted, and recovered, under and by virtue of the provisions of this Ordinance. Members of tinue to hold II. And be it enacted, that nothing contained in this Ordinance All former shall affect the appointment of the members of any Vestry existing Vestry to conat the time of the publication of these Presents, but that every office. member of any such Vestry shall continue to hold his office until relieved therefrom, under and by virtue of the provisions of this Ordinance. No. XX. AN ORDINANCE TO MAKE PROVISION FOR KEEPING IN RE- [Ord. 11 anno PAIR THE LINE OF PUBLIC ROAD AND BRIDGES PASSING 1849.] THROUGH AND OVER THE FRONT LANDS OF PLANTATION PLAISANCE, SITUATE ON THE EAST SEA COAST OF DEME. RARA, NOW KNOWN AS PLAISANCE VILLAGE. Enacted 31st May, 1849, published the 2nd June following, came into operation on publication.* [HENRY BARKLY, Governor.] WHEREAS by the Laws heretofore and still in force in the Preamble. Colony of British Guiana, the Proprietor of every Plantation is bound to make and keep in repair the line of Public Road and Bridges which runs through or passes over the lands of his Plantation, and in default of the Public Road and Bridges being made and kept in efficient repair, the same are made and repaired at the expense of the Colony, and the expenses so incurred by the Colony are recoverable by process of Summary Execution and levy on and sale of the Plantation to which such line of Public Roads and Bridges of right belong. And whereas the lands formerly known as the Plantation As there is nothing in the Ordinance itself to shew when it was to come into operation, the Publisher presumes that it came into operation when published in the Official Gazette. |