No. 3. Ord. No. 7, 1851. PREAMBLE. All Marriages solemnized by Delegates of the Baptist Mission declared valid; And to be registered. Operation of this Act. No. 3.-ORDINANCE No. 7 of 1851. An Ordinance to declare the validity of certain Baptist Marriages solemnized within the Turks and Caicos Islands, and to pro vide for the Registering thereof. (Passed 10th Oct., 1851. Confirmed 16th Aug., 1852.) WHER HEREAS by virtue of an Act passed in the second year of Her Majesty's reign, entitled "An Act for the better regulation of Marriages within the Bahama Islands," and which said Act is extended to this colony, many marriages have been celebrated in the Turks and Caicos Islands by Baptist missionaries and their delegates, but in consequence of certain provisions of the said Act not having been fully complied with, questions touching the validity of such marriages have been entertained; and it is therefore expedient to declare the validity of such marriages; May it, &c., I. That all marriages which have taken place and been solemnized by any Baptist missionary or his delegate within the Turks and Caicos Islands shall remain and be held and are declared as good and valid in law as if no irregularities had taken place, and the provisions of the hereinbefore-mentioned Act had been fully complied with Provided always, that it shall and may be lawful, on or before the first day of January which shall be in the year of our Lord one thousand eight hundred and fifty-three, for the parties concerned to cause any of the herein before-mentioned marriages to be registered in the Marriage Books of the district of the colony where such marriage or marriages were originally solemnized, or at Grand Turk, where the General Register is kept. II. And be it further ordained, that this Ordinance shall come into operation so soon as the assent thereto of the Governor-inChief shall have been proclaimed. No. 1. Act 6 G. 4, c. 12. PREAMBLE. English declared to be CLASS II. LAWS RELATING TO THE CLERGY OF THE CHURCH No. 1.-6 Geo. 4, ch. 12. An Act to authorize the Bishop of W HEREAS His Majesty has been graciously pleased to constitute bishoprics in the islands and colonies in the West Indies, and to erect the Island of Jamaica and the Bahama Islands into a bishop's see, appointing the Rev. Christopher Lipscombe, D.D., bishop of the said see; And whereas it is expedient to authorize the bishop thereof to exercise ecclesiastical jurisdiction over the clergy within the Bahama Islands; May it, &c., That from and after the passing of this Act all laws, ordinances, and canons ecclesiastical, which are now used and in force in that part of the United Kingdom called England, so far as the same relate to the No. 1. c. 12. ordering and ecclesiastical regimen and jurisdiction over the clergy therein; and all rules of proceeding for carrying the same into Act 6 G. 4, effect shall be esteemed, accepted, and taken to be in full force and virtue within these islands in respect of the clergy resident within the same; and that the Judges of the General Court of the said Bahama Islands shall and may, from time to time, and at all times, be aiding and assisting in enforcing and carrying into execution such processes and proceedings, orders, sentences, adjudications, and decrees, at any time to be issued, had, made, or given in respect of the clergy within the said Bahama Islands, in the same manner, to all intents and purposes, as the Courts of Common Law within that part of the United Kingdom called England, lawfully may or are authorized, empowered, or required, to aid and assist the Ecclesiastical Courts in enforcing and carrying into execution the processes and proceedings, orders, sentences, adjudications, and decrees issued, had, made, or given, in the said last-mentioned Courts, any law or custom to the contrary thereof in anywise notwithstanding; Provided, however, That nothing in this Act contained shall be construed or understood in any manner to affect the rights of the Ordinary of these islands, so far as the same now are or may be lawfully exercised and enjoyed. No 2.-ORDINANCE No. 7 of 1855. An Ordinance to consolidate and amend the several Laws at present in force regulating the Division of Parishes within these Islands; the election of Vestries within the same; and further to provide for the future management of Parochial affairs. (Passed 5th July, 1855. Confirmed 21st Feb., 1856.) WE No. 2. Ord. No. 7, 1855. HEREAS the several laws regulating the parochial affairs of PREAMBLE. the colony have in a great degree ceased to be operative, partly from the altered position of these islands since their separation from the Bahama Government, and partly from the amendment and repeal of some of the provisions of Ordinances since ordained; and it is expedient that certain amendments should be made therein; and that the several enactments relating to parochial affairs should be embodied in one Ordinance; May it, &c. I. That the islands of Grand Cay and Salt Cay shall form one Colony divided parish, to be called the Parish of St. Thomas, and all islands and into parishes. quays within three leagues of the said quays shall be included in the said parish. That the islands commonly known as the Caicos Islands, together with all islands and quays within three leagues of the same, shall be included in one parish, to be called the Parish of St. George. II. That the building erected at Salt Cay for a Chapel of Ease Chapel of Ease to the parish church shall be a Chapel of Ease to the said parish of Salt Cay. church. III. That all persons qualified to vote at the election of mem- Qualification bers of Council, and professing to be members of the Church of of vestrymen. England, shall be qualified to serve as vestrymen; and all persons No. 2. Ord. No. 7, 1855. Period for electing vestry men. Appointment of Churchwardens. Poll to be held for election of vestry. Election of unqualified persons de clared void. Quorum to form a vestry meeting. Vacancies, how filled up. Reservation and sale of pews. Pew rent payable in advance. Arrears, how dealt with. Pew rents to be paid into the Public Treasury. qualified to vote at the election of members of Council may also vote at the election of vestrymen. IV. That on some day during Easter week in each and every year all persons qualified to vote as aforesaid may meet and elect four persons to serve as vestrymen, two to serve for a period of one year and two for a period of two years; and of the persons so elected, two shall be appointed as churchwardens, one by the vestry, and one by the rector. V. That within the same period in each year the clerk of the parish shall hold the poll for an election of vestrymen (due notice thereof having been previously given), and the same shall be open from the hour of twelve to two o'clock of the afternoon; and at such election two persons may be elected in the room of the two whose period of service shall then expire. VI. That if any unqualified person shall be elected to serve as a vestryman, his election shall be void, and those qualified persons whose names shall have been placed on the roll (if any) who have the greatest number of votes, shall be and they are hereby declared to be duly elected, notwithstanding that the votes polled for such persons shall be fewer in number than the votes polled for such unqualified person as aforesaid. VII. That two of the persons so chosen with the rector (if present) shall be deemed a vestry; and in the absence of the rector three shall suffice; and any vacancy which may at any time occur by death, refusal to act, departure from these islands, or other cause, shall be filled up by the vestry at their next meeting. VIII. That the said vestries shall reserve out of the pews in the church at Grand Cay, one pew for the officer administering the government, and one for the officers of Her Majesty's Army and Navy, also sufficient accommodation for the choir of the church, and also accommodation for any of Her Majesty's troops stationed at these islands; and in any other church or chapel within these islands there shall be reserved one pew for the rector or other officiating minister and sufficient accommodation, not exceeding one-fourth of the entire number of pews in every such church or chapel for the use of the poor, and the remainder of such pews shall be sold by order of the vestry at public auction to the highest bidder for one year; and each purchaser of a pew shall be entitled to retain the same for three years at the original rate per annum. And all such sales of pews shall be held annually, in the first week in January in every year in some public place other than the church or chapel of the parish, notice of which shall be given at least one week previous to such sale: Provided however that nothing herein contained shall be construed to interfere with the right of any person or persons who may have purchased pews at any former sale of the same. IX. That all sums due for pew rents shall be paid annually in advance, and if the rent for any pew shall be in arrear for four weeks, the amount may be sued for in the name of the vestry, and recovered from the person indebted for the same before any Court of competent jurisdiction. X. That the moneys arising from the sale of pews shall be paid into the Public Treasury of these islands towards the support of the government of these islands. XI. That so often as may be requisite the said vestry shall lay before the President and Council an estimate of any sum or sums of money which may be required for parochial purposes, and shall once in three months lay before the said President an account of the disbursement of public money by them, with the vouchers in support of such expenditure. No. 2. Ord. No. 7, 1855. sexton. XII. That the clerks of the parishes within these islands shall Appointment from time to time be appointed by the rectors or incumbents of clerk and thereof, and shall be, ex-officio, clerk of the vestry of such parish, and the sexton shall be appointed by the vestry. XIII. That every person not in holy orders employed in connection with the Church of England and receiving remuneration, wholly or in part from the public funds of the colony, shall be liable for any misconduct to be suspended or removed from such office by the President, by and with the advice of the Council. XIV. That every vestryman refusing or neglecting to undertake the duties of his office when duly elected, or neglecting to perform the same, shall be liable to a penalty not exceeding Five pounds. XV. That any clergyman arriving from abroad who shall be inducted into a living within this presidency, shall be entitled to receive out of the Public Treasury to defray his passage such reasonable sum of money as the President and Council shall think fit; and the President is hereby empowered to grant his warrant for the payment of the same: Provided that if such clergyman shall depart from these islands (except on leave) before the expiration of three years from the date of his arrival, it shall be required of such clergyman to refund the whole or such part of the said allowance as may be fixed on by the President and Council. XVI. That in case of the absence of any rector who shall be absent on leave for a longer period than three months, or in case of the death of any rector, it shall be lawful.for the President, by and with the advice of the Council, to grant his warrant for the payment out of the Public Chest to the person discharging the duties of such rector such portion or portions of the salary attached to such rectory as he may think proper, such proportion not being less than one half of the said salary. Person not Penalty for as vestryman. Provision for passage of clergy to the colony. Provision for persons acting in absence of Rector. XVII. That the salaries and allowances of the several ministers Salaries proof the Church of England in these islands, shall be at and after the vided for. rate set forth in the Schedule to this Ordinance attached; and the several officers named in the Schedule aforesaid shall also receive the amount specified therein; and the several fecs set forth in the said Schedule may lawfully be taken for the services specified, and none other. XVIII. That all salaries payable under this Ordinance shall be liable to the deductions for the widows' and orphans' fund, as regulated by the Act of the General Assembly of the Bahama Islands, eighth Victoria, chapter forty-two, extended to these islands. And the widows and orphans of the persons so contributing shall be entitled to the same benefits as other public officers contributing thereto. XIX. That the cost of digging graves shall from time to time be fixed by the vestries aforesaid according to circumstances; and the table thereof be kept by the clerk of the parish for public inspec tion. XX. That all penalties, fines, and forfeitures incurred under this Ordinance may be sued for and recovered in the name of the Queen Provisions for Widows and clergy. No. 2. Ord. No. 7, 1855. Acts repealed. in any Court of competent jurisdiction, and shall be paid into the Public Treasury for and towards the support of the Government. XXI. That if any person shall be sued for anything done under the authority of this Ordinance, the defendant may plead the general issue and give this Ordinance and the special matter in evidence; and in case of discontinuance of action, or nonsuit, or a verdict for the defendant, he shall be entitled to double costs. XXII. That the word "President" shall be understood to mean the officer administering the government for the time being, and the word "Council," the Executive Council of these islands. XXIII. That the following acts and Ordinances and parts thereof shall be repealed, namely: so much of the Act of the Assembly of the Bahamas, passed in the third year of Her Majesty's reign, third Victoria, chapter eleven, as provides a salary for the rector, clerk, and sextons of the Parish of St. Thomas; also so much of the Act of the said General Assembly, eighth Victoria, chapter forty-two, section one, as excepts the salaries of clergymen from any deduction in behalf of the pension fund; also the Act of the Assembly of the Bahamas, ninth Victoria, chapter one, for dividing the colony into parishes and for other purposes; also the Act ninth Victoria, chapter three, which provides a salary for the clergyman officiating at Salt Cay, and grants to the clerk and sexton of the parish of St. Thomas certain allowances in lieu of fees; also the Act tenth Victoria, chapter nineteen, which amends the parochial Acts of the colony; also the Act eleventh Victoria chapter twenty-three; also Ordinance No. 2 of 1849; also Ordinance No. 4 of 1852. SCHEDULE OF SALARIES, ALLOWANCES, AND FEES. To the present rector of the parish of St. Thomas; £ 8. d. 370 0 0 both in the parish of St. George, whenever licensed by the Lord Bishop of the diocese. |