No. XXXVIII. [Ord. 18 anno 1868.] 5. The said several Curates and Chapel Wardens in their corporate name, may borrow money on Bonds or other Securities for the purpose of erecting, renewing, or repairing the District Chapels, or other Buildings under their management and control, and may secure the repayment of any sum or sums of money so borrowed and of the interest thereon by granting a preferent lien or security by Bond or by Mortgage on the Revenues of the respective District Chapels under their manage. ment 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 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 or the total extinotion of the debt with the interest thereon within a period not exceeding twenty years. 6. It shall be lawful for any) such District Curate and Chapel Wardens for the time being, in their corporate name, to pass and execute, grant, accept, and receive any Transport, Mortgage, Bond, or other Security, authorised to be executed or received under the 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 Carate and Chapel Wardens for the time being. No. XXXIX. No. XXXIX. [Ord. 19 anno AN ORDINANCE TO PROVIDE FOR THE ESTABLISHMENT AND 1868.] MAINTENANCE OF PARSONAGE HOUSES IN THE COLONY BRITISH GUIANA.* Preamble. Enacted 16th July, 1868, published the 18th following, came into operation on publication. [FRANCIS HINCKS, Governor.] WHEREAS at the Special Session of the Honorable the Court of Policy of British Guiana, with the Financial Representatives of the Inhabitants thereof, in Combined Court assembled, it was on the Twelfth day of March last past, resolved that His Excellency the Governor and the Honorable the Court cf Policy be authorised to provide by Ordinance for the establishment and maintenance of suitable Parsonage Houses for the Rectors and Curates of the Church of England and for the Ministers of the Church of Scotland in this Colony, subject to certain terms and conditions: 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: : 1. In this Ordinance the following words and expressions shall Interpretation have the meanings hereby asssigned to them respectively, unless there be something in the subject repugnant to such construction; that is to say- of Terms. 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 : "Colonial Receiver-General" shall include the Assistant Receiver. General: "Incumbent❞ So much of Section 3, as relates to the quantity of land, is repealed by Ordinance 7, of 1869. [Ord. 19 anno 1868.] No. XXXIX. "Incumbent❞ shall mean any Rector or Curate of the Church of England, and any Minister of the Church of Scotland, to whom an annual salary is now or hereafter shall be assigned by Ordinance : Living" shall mean any such salary so assigned or to be "Parochial Curate" shall mean any Curate licensed to officiate in a Parish Church: "District Curate" shall mean the Curate or Incumbent of any Chapel or Church of the Church of England other than a Parish Church. 2. This Ordinance may be cited for all purposes as Parsonage Houses Ordinance, 1868." tries and Cha. 3. In order to provide suitabe residences for the Rectors and Curates of the Church of England, and for the Ministers of the Power to Ves Church of Scotland to whom annual salaries are or shall be assigned pel Wardens to by Ordinance No. 10 of the year 1859, or by Ordinance 13 of the borrow on Mortgage of year 1868, or any subsequent Ordinance, it shall be lawful for the the Living to provide suita. Governor and Court of Policy, with the consent in writing previously ble Houses of obtained of the Bishop of the Diocese, in the case of the Church of Residence. England, and of the Presbytery of Demerara and Essequebo, or of British Guiana or Berbice if either such last-mentioned Presbytery shall be constituted, in the case of the Church of Scotland, and subject to such regulations as may from time to time be enacted in that behalf by Ordinance, to authorise the Vestry of the Parish in the case of Rectors or Parochial Curates or Ministers, and the Curate and Chapel Wardens in the case of District Curates, to borrow on mortgage of the Living a sun not exceeding two years salary of such Living, to be applied to the erection or purchase of a suitable house, with the necessary offices, and land adjoining or lying convenient to such house, [the great part of this sentence limiting the quantity of land is repealed by Ordinance 7 of 1869,] or to the repairing or making additions to an existing house and offices so as to render the same suitable, or to the liquida ion of debts on any existing Parsonage, under tbe conditions hereinafter mentioned. 4: Every [Ord. 19 anno 1868.] Loan to be repayable No. XXXIX. 4. Every loan raised under the authority of this Ordinance with interest (which shall not exceed six per cent per annum) shall be within twenty repayable within twenty-five years from the date of advance, aud five years, and a first charge every such loan with interest shall rank as and be a first mortgage upon the Sa- and preferent lien upon the Salary of the existing Incumbent and lary. Form of Bond, execution. his successors in office, as provided by Ordinance No. 10 of the year 1859, or by Ordinance No. 13 of the year 1868, or any subsequent Ordinance, until fully paid with costs, subject however, to the abatements from such Salary authorised to be made by Ordidances No. 22 of the year 1860,* and No. 4 of the year 1861, or either of them. 5. Every such loan shall be secured by Bond, which may be in the form in the Schedule to this Ordinance annexed or to the same and mode of or the like effect and may be executed by the President and any three members of the Vestry of the Parish, in the case of Rectors, Parochial Curates, or Ministers, and by the Curate and Chapel Wardens in the case of District Curates; and every such Bond shall be recorded in the Registrar's Office of Demerara and Essequebo, or of Berbice, as the case may be, and shall thereupon bind, and be vested with right of first mortgage and preferent lien on, the Salary of the existing Incumbent and his successors in office until fully paid with interest and costs. 6. The Incumbent of every such living, in cases where such mortgage shall be made as aforesaid, and his successors for the Directions for time being, shall half-yearly and every half-year (such half-year to payment of Principal and be computed from the date of such mortgage) pay to the mortgagee Interest of Mortgage. the Principal Sum and Interest by equal half-yearly instalments until the whole thereof shall be repaid; and for securing the due payment of the said half-yearly Instalments of Principal and Interest the Colonial Receiver General is hereby authorised and required to deduct and retain from the monthly payments of Salary to such Incumbent a sum equal to one-sixth part of every such half-yearly instalment of Principal and Interest, and from and out of every such Salary so deducted and retained he shall pay to the mortgagee the full amount of every such instalment when and as soon as the same shall become due: Provided always that in case any person shall be appointed temporarily to act in the place or during the absence of any such Incumbent, the amount to be deducted and retained See Ordinance 3 of 1878. [Ord. 19 anno 1868.] No. XXXIX, retained from any such salary as aforesaid, shall be apportioned between such Incumbent and the person acting for him, in such proportions as the Governor shall direct. avoidance. 7. The Sum payable at the end of any half-year in which there Payments to be apportioned shall be an avoidance of such Living shall be apportioned between in case of the Successor and the Incumbent avoiding such Living by death or death or other otherwise, or his Representatives, in such proportions as the Profits of such Living shall have been received by them respectively for the half-year in which such death or avoidance shall happen. 8. In case any difference shall arise in adjusting the proportions In case of difaforesaid, the same shall be determined by two indifferent persons, to be adjusted. ference, how the one to be named by the successor to the Living, and the other by the person making such avoidance or his Representatives in case of his death; and if such arbitrators shall not be appointed within two calendar months next after such death or avoidance, or if they cannot agree in adjusting such proportions within the space of one month after they shall have been appointed, the same shall be determined by some neighbouring clergyman to be nominated by the Bishop or Presbytery, as the case may be, whose determination shall be final and conclusive. and how Pro 9. Any amount required to be borrowed on loan as aforesaid Money may be may be advanced by the Colonial Receiver General, if thereto advanced on loan by Re. authorised by the Governor and Court of Policy, or by any Person or ceiver General, Body Corporate willing to lend the money on the security aforesaid; perty to be and any Buildings and Lands purchased under the authority of this transported. Ordinance or paid for in whole or in part under such authority and which have not already been transported to the Bishop and his Successors in the See, shall be transported or conveyed to the Vestry of the Parish, or the District Curate and Chapel Warders, as the case may be, in trust for the sole use and benefit of the Incum. bent of such Living for the time being and his Successors, and shal! be annexed to such living, and go in succession with the same. to Lease ex. 10. It shall not be lawful for the Incumbent of any Living, to Prohibition which a House of Residence is annexed, to lease or let for hire or cept with ap. otherwise any such House or any part thereof, or of the Buildings, Governor. proval of the Garden, or Appurtenances thereof, except with the approval of the Governor |