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ordering and ecclesiastical regimen and jurisdiction over the clergy therein; and all rules of proceeding for carrying the same into 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.
Ord. No. 7, An Ordinance to consolidate and amend the several Laws at present in
1855. 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.) W 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.
1. 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 vostrymen; and all persons
No. 2. qualified to vote at the election of members of Council may also Ord. No. 7, vote at the election of vestrymen. 1855. IV. That on some day during Easter week in each and every
year all persons qualified to vote as aforesaid may meet and elect Period for
four persons to serve as vestrymen, two to serve for a period of one electing vestrymen,
year and two for a period of two years; and of the persons so Appointment of elected, two shall be appointed as church wardens, one by the Churchwardens. vestry, and one by the rector. Poll to be held v. That within the same period in each year the clerk of the for election of parish shall hold the poll for an election of vestrymen (due notice vestry.
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. Election of VI. That if any unqualified person shall be elected to serve as a unqualified
vestryman, his election shall be void, and those qualified persons persons de
whose names shall have been placed on the roll (if any) who have clared void.
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. Quorum to VII. That two of the persons so chosen with the rector (if preform a vesiry sent) shall be deemed a vestry; and in the absence of the rector meeting. three shall suffice; and any vacancy which may at any time occur Vacancies,
by death, refusal to act, departure from these islands, or other how filled up.
cause, shall be filled up by the vestry at their next meeting. Reservation VIII. That the said vestries shall reserve out of the pews in and sale of
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. Pew rent
IX. That all sums due for pew rents shall be paid annually in payable in advance, and if the rent for any pew shall be in arrear for four advance.
weeks, the amount may be sued for in the name of the vestry, and Arrears, how recovered from the person indebted for the same before any Court dealt with.
of competent jurisdiction. Pew rents to X. That the moneys arising from the sale of pews shall be paid be paid into into the Public Treasury of these islands towards the support of the the Public Treasury.
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 No. 2. of money which may be required for parochial purposes, and shall Ord. No. 7, once in three months lay before the said President an account of 1855. the disbursement of public money by them, with the vouchers in support of such expenditure.
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, sexton. and the sexton shall be appointed by the vestry.
XIII. That every person not in holy orders employed in con- Person not nection with the Church of England and receiving remuneration, in holy orders wholly or in part from the public funds of the colony, shall be may be reliable for any misconduct to be suspended or removed from such
moved by the
President. oflice by the President, by and with the advice of the Council.
XIV. That every vestryman refusing or neglecting to undertake Penalty for the duties of his office when duly elected, or neglecting to perform refusing to act the same, shall be liable to a penalty not exceeding Five pounds. as vestryman.
XV. That any clergyman arriving from abroad who shall be in- Provision for ducted into a living within this presidency, shall be entitled to passage of receive out of the Public Treasury to defray his passage such rea- clergy to the sonable sum of money as the President and Council shall think we 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 Provision for absent on leave for a longer period than three months, or in case of persons acting
in absence of the death of any rector, it shall be lawful.for the President, by and
Rector, 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.
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 fees 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 provisions for liable to the deductions for the widows' and orphans' fund, as regu- Widows and
Orphans of lated by the Act of the General Assembly of the Bahama Islands,
i clergy. 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 inspection.
XX. That all penalties, fines, and forfeitures incurred under this Ordinance may be sued for and recovered in the name of the Queen
No. 2. in any Court of competent jurisdiction, and shall be paid into the Ord. No. 7, Public Treasury for and towards the support of the Government. 1855. 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 å 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. Acts repealed.
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.
To the present rector of the parish of St. Thomas;
salary - - - - - - 370 00 House allowance . . . . 45 0 0 To any future rector for salary and house rent - 300 0 0 To the clerk of the parish of St. Thomas
51 134 To the sexton of the said parish
26 16 8 Fees.
0 2 0 For elsewhere in the parish of St. Thomas - - 1 10 0
0 1 0
0 1 0 For one lay reader at Cockburn Harbour - 2000 For one lay reader at Lorimers, Caicos . . 2000 both in the parish of St. George, whenever licensed by the Lord Bishop of the diocese.
No. 3.- ORDINANCE No. 15 of 1860.
No. 3. An Ordinance to amend Ordinance No. 7 of 1855, and to erect Salt Ord. No. 15,
1860, Cay into a separate Parish. To provide for the election of a Vestry, and for other purposes. (Passed 1st May, 1860.
Confirmed 17th October, 1860.) W HEREAS the islands commonly known as Grand Cay and PREAMBLE.
Y Salt Cay, and other islands designated as the Turks Islands, have hitherto formed one parish, known as the parish of St. Thomas, and whereas from the increased and increasing number of the inhabitants of Salt Cay, the many difficulties which at present attend the proper management of the affairs of the Church of England at Salt Cay under the control of a vestry residing at another island, and for other reasons, it is deemed expedient that the said island of Salt Cay with the Cays adjacent thereto should be constituted a distinct parish, and the chapel of ease at Salt Cay declared the parish church thereof; May it, &c.,
I. That from and after the commencement of this Ordinance, Salt Cay to be the island of Salt Cay, together with the several islands and Cays a separate within the parish of St. Thomas, which lie nearer to Salt Cay than parish, called
and the parish of to the island of Grand Turk, shall form and be erected into one
St. John. parish, of which the chapel of ease at Salt Cay shall be the parish church, and the parish shall henceforth be known and distinguished by the name of the parish of St. John.
II. That the following clauses of Ordinance No. 7 of 1855, shall Clauses of Ord. be held and taken to apply to the said parish of St. John, as if No. 7, 1855, they had been ordained for the management of the said parish which are to wit-Clauses No. 3, 4, 5, 6, 7, 9, 10, 11, 13, 14, 16, 18, 19, 20, 21, and 22. Provided that all the duties required by the fifth clause aforesaid of the clerk of the parish, shall at the parish of St. John be performed by the clerk of the vestry.
III. That so soon as this Ordinance shall come into operation, Election of all persons entitled to vote for vestrymen may lawfully assemble vestry. on a day of which due notice shall be given, by the rector or officiating minister, who shall cause a poll to be opened for the four vestrymen to serve for such period of time as may remain between such day of election and the regular day in Easter week ensuing, when the duties of such vestrymen shall cease, and others be elected to serve as by Section 4 of Ordinance No. 7 of 1855 is provided
IV. That the vestry and rector, or officiating minister, shall Appointment of have power to nominate and appoint a fit and proper person to act Church wardens. as clerk of the vestry, whose duty it shall be to keep all records, and to attend all vestry meetings, and the general business of the vestry. And the said vestry and rector shall also appoint a sexton for the said parish church.
V. That the said vestry shall reserve out of the pews in the Sale of Pews, church of the parish of St. John, one pew for the President of the colony, one pew for the rector, or officiating minister, and sufficient accommodation not exceeding one fourth of the entire number of pews in the said church, for the use of the poor; and the remainder of such pews shall be sold by the clerk of the vestry at public auction to the highest bidder, for one year, and each purchaser of
extended to Salt Cay