CHURCH ORDINANCE
Title
CHURCH ORDINANCE
Description
Church.
No. 2 of 1847
An Ordinance to provide for a Church in Victoria in the Island
of Hongkong.
[11th March, 1847.]
WHEREAS several persons nave subscribed certain sums of money
for the purpose of erecting a church at Victoria in the Island of
Hongkong for the celebration of divine worship according to the rites of
the United Church of England and Ireland, and by some minister thereof
duly appointed by the Government: And whereas His Excellency the
Governor of Hongkong, with the advice and consent of the Legislative
Governor em-
powered to
give four
thousand six
hundred
pounds
towards
building a
church.
Proviso.
Two trustees
to be elected
by subscribers
and four
nominated by
the Governor.
Papers, books,
&c., to be
delivered to
trustees.
ORDINANCE No. 2 of 1847.
Church.
Council thereof, has consented to grant from the public chest a sum equal
to double of the amount of subscriptions contributed, provided that such
grant shall not exceed the sum o£ four thousand six hundred pounds
sterling: And whereas it is expedient to provide for the immediate
appointment and continual succession of trustees for the direction of the
building of the said church, according to such plan and specification as
shall have been sanctioned by His Excellency the Governor, and confirmed
by Her Majesty's Government:
1. It is therefore hereby enacted, by His Excellency the Governor
of Honbkong, with the advice and consent of the Legislative Council,
that it shall be lawful for the Governor, by warrant under his hand, to
authorize the issue from the 'treasury of this Colony of any sum or sums,
not exceeding in all four thousand six hundred pounds sterling, to be
applied under the direction of trustees, to be appointed as hereinafter
provided, to the building of a church in Victoria; provided that no such
issue shall be made until one-third of the whole estimated cost thereof
shall have been raised by subscription and lodged in the General Treasury.
2. And it is further enacted, that before any sum or sums of money
shall be issued as aforesaid, the parties subscribing shall by plurality
of
votes elect from among themselves two persons to act as trustees, and such
election shall take place at a meeting of the subscribers, of the time and
place of holding which meeting ten days' notice shall have been previously
published in the public papers of this Colony. And upon intimation
being given to the Governor of the election of such two persons as afore-
said, the said Governor shall thereupon nominate, in the proportion of the
Government share of the expense of the building, four other persons to
act as trustees. And the real estate in the said church and in all lands
and hereditaments thereunto belonging shall be thereupon conveyed to
the said trustees so elected and nominated, and their successors to be
elected and nominated as hereinafter provided, for ever, in trust for the
purposes of the said church.
3. And it is further enacted, that upon the election and nomination
of trustees as. aforesaid, all deeds, books, plans, papers, and vouchers
relating to the said church, and all and any sums of money, donations,
or subscriptions, given or subscribed for the purpose aforesaid, shall be
delivered over to the said trustees.
ORDINANCE No. 2 of 1847.
Church.
4. And it is further enacted, that. the said Trustees so elected and
nominated as aforesaid shall continue to be and to act as trustees until
the last Thursday in the month of April, one thousand eight hundred and
and forty-eight. And upon such day such trustees shall cease to have
any power or authority so to act. And two persons shall be elected at a
general meeting to be held on that day, and four other persons shall be
nominated by the Governor as soon as convenient thereafter to be trustees
of the said church for the year immediately ensuing. And a fresh election
and nomination o£ trustees shall in like manner take place upon every
last Thursday in the month of April in every year thereafter, and copies
of -the minutes of every election or nomination of a trustee which shall
take place under the provisions of any clause in this Ordinance shall be
transmitted without delay to the Colonial Secretary. Provided always
.that no person shall be elected a trustee at any general meeting before
the completion of the said church who shall not have paid up a subscrip-
tion thereto of at least twenty pounds sterling, or after its completion,
who shall not be a renter of at least three sittings therein, nor any
person
who shall not be a member of the United Church of England and Ireland.
(Amended by Ordinance No. 8 of 1850.)
~, And it is further enacted, that the Colonial Chaplain for the tinny
being duly appointed to the said church, or during his absence the cler:
gyman duly appointed to officiate for hi-m; shall at all times be ex
ogicio
chairman of the trustees, but shah not have the power of voting by
reason of being such chairman except in cases where the votes of the
trustees present shall be equal. [Amended.by Ordinance No. 3 of 1850.
6, And it is further enacted, that whenever anV trustee shall die, or
shall resign, or shall leave the Colony, then in case such trustee shall
have been originally elected at a general meeting, his vacancy shall be
filled by some other person duly qualified in like manner as such trustee,
to be elected at a general meeting to be called for that purpose as soon
as
may be convenient by the .continuing trustees or the major part of them.
And in case such trustee shall have been originally nominated by the
Governor, his vacancy shall be filled as soon , as rnay .,be convenient by
some other--person duly qualified ~ ~to be. nominated in like_ manner.
Provi a always that if such general. meeting shall not be called within
one month after the death, resignation, or departure of such trustee from
the Colony, it shall be lawful for the Governor to nominate some person
duly qualified: as aforesaid to be a trustee.
Trustees to be
elected
annually.
Proviso.
Colonial
Chaplain t0 be
em officio
chairman of
trustees.
Vacancy occa-
sioned by
death,
resignation,
or removal of
trustees, how
to be filled.
Proviso.
ORDINANCE No. 2 of 1847.
Church.
$ittiagR in, 'J, And it is further enacted, that the trustees for the time
being
ehuidh how
to be appro ° duly nominated and elected as aforesaid, or the major part
of them, are
primed.
hereby authorized._and regi~ired,to s,et,apart, as soon as conveniently
may
be after the completionYof the said church, one-third part of the whole
number of sittings therein, to be appropriated, free of any charge
whatever,
to the use and accommodation of the poorer classes of the population; and
also one pew containing not more than four sittings for the use and
occupa-
tion, free from all charges, of the clergyman licensed to officiate on
the said
church; and the remaining sittings, after due provision shall have been
made for the free accommodation of the Governor and his family and suite
in the chancel or elsewhere, and of the military, shall be assigned to the
trustees for the time being and then successors for the purposes
hereinafter
mentioned. [Anaended by Ordinance No. 3 o f 1850. ]
Trustees to ftx $, And it is further enacted, that it shall and may be
lawful for the
the ~E trustees for the time being or the-major part of them, and they are
hereby
eannually.
required, as soon as such partition of the church shall have taken place
as in the preceding clause mentioned, to assess and fix a rent or rate-
for
each pew or sitting, with the exception of such pews or sittings as sly;
have been set apart and reserved as aforesaid, and to make agreements
and contracts with any person desirous to engage the same according to;
such assessment. And such rate or rent shall be in force for one year
from the time of the assessment thereof. And at the expiration of such
pear the trustees for the time being shall assess and fix a fresh rate'or,
rent for the year immediately following. And a fresh assessment shall
in like manner be made annually and every year. And the trustees far,
the time being shall be at all times empowered to make agreements and,
contracts in respect of any pew or sitting which shall be vacant. Provided
always that if it shall at any time appear to the trustees or the major
part
of them that such annual assessment will be insufficient to defray the
several charges and costs necessary for effecting and providing all things
required by this Ordinance, it shall and may be lawful for such trustees;,
or the major part of them; by eight days previo'us notice in writing, .
affixed in some conspicuous place in the said church,- to call a general
meeting, for the purpose of taking into consideration the expediency of
amending and increasing such assessment.; and if it shall appear to,.' the
majority of such meeting, not being fewer in number than twenty, that;
such assessment will not be sufficient to provide for all such necessary -°
Costs and charges, it shall and may be lawful for the said niajorityto-
Proviso.
ORDINANCE No. 2 of 1847.
Church.
substitute such higher assessment, as by them shall be deemed sufficient,
to meet such costs and charges, and such higher rate shall thereupon
become due and payable aild shall continue to be charged and collected
for the same period that the rate for which it is so substituted would
otherwise have been in force.
9. And it is further enacted, that every subscriber towards the
building of the said church to the amount of not less than ten pounds
sterling shall have a right in the first instance to become a renter of a
pew or sitting in preference to any other person who shall not have so
subscribed; and such subscribers shall amongst themselves have priority in
the choice of pews or sittings not exceeding six sittings, according to
the
amount of their subscriptions-the subscriber to the larger amount to
have the prior choice, and the choice of subscribers to an equal amount
to be determined by lot.
. . 10. And be.it further enacted, that any person having engaged any
pew or sitting, and continuing to pay rent for the same according to the
rite fixed, and also conducting himself or herself in the said church so-
as
not .wilfully or maliciously to disturb the performance of public worship,
or to molest any part of thp congregation attending the same, shall not
be, under any pretence whatever, removed or ejected without his or her
own consent, from the occupation of such pew or sittings at all times
when the said church shall be open for the performance of public worship,
the ministration of any sacrament, or other rite or ceremony, according to
the use of the United Church of England and Ireland. Provided never-
theless, that if any person having engaged any pew or sittings in the said
church under agreement to pay for the same according to the rate or rent
assessed thereupon, shall suffer such rent to fall into arrear, -and to
continue
unpaid for three months after the same shall have been demanded by the
trustees or by any person empowered by them, or the major part of them;
or if any person having engaged as aforesaid any pew or sitting shall
refuse to pay for the same such increased rate of rent as the trustees,
according to the provisions hereinbefore described, shall have assessed
and affixed;, or if any person engaging and occupying any such pew or
sittings,.,and continuing to pay the rent assessed upon the same, shall,
by
any unsuitable noise, gesture, or deportment, wilfully and irreyerentl-y
interrupt the .celebration of public worship, or shall designedly
and Person
habitually disturb any part of the congregation within. the said
churcht-, disturbing
the conn ga-
Subscribers
of ten pounds
to have
priority of
choice of
sittings.
Party having
engaged a
sitting not to
be disturbed.
Proviso.
ORDINANCE No. 2 of 1847.
Church.
Lion to be in all such cases it shall and may be lawful for the trustees
to issue a
deprived of
his pew monition to every such defaulter or offender, and in case such
defaulter
or aittings. or offender shall not forthwith pay all such arrears or shall
not amend and
desist from the practice so complained of, it shall be lawful for the said
trustees to convene a general meeting to whom it shall be competent to
authorize the said trustees to declare such pew or sittings occupied .by
the
party complained of to be vacant.
Trustees 11. And it is further enacted, that it shall and may be lawful
for the
authorized to
permit the major part of the trustees, with the previous consent of the
Governor and
erection of
monuments with his approval of any proposed epitaph or inscription, to
permit any
with the
previous monuments to be erected or placed in such parts of the said
church as
consent of the
Governor. they may deem convenient, upon payment to the said trustees for
the use
of the said church for such permission by the person or persons desiring
to erect or place any monument in the said church, of such charges as
are contained and set forth in the schedule hereunto annexed; and it
shall be lawful for any person or persons erecting or placing any monu-
ment in the said church, by and with such permission as aforesaid, to
have- and maintain and keep up such monument according to the terms-
of such permission, to and fur the sole and separate use of the said
person
or persons, and his or their heirs for ever.
Bodies not to 12, Provided always and it is further enacted, that it shall
not be
be buried
within or near lawful to bury any body within the said church or within
the enclosed
the church.
ground about the same.
Trustees to 13. And it is further enacted, that it shall be lawful for the
trustees
collect all
dues to the for the time beinn, or the major part of them, and they are
hereby required
church and to
appropriate to collect and gather, or cause to be collected or gathered,
all sums of
them in
payment of money which shall be due for pews or sittings in the said
church, and all
salaries,
repairs, ac. subscriptions and donations thereunto, and all rents and
revenues that;
may at any time arise out of any land or hereditaments belonging to the
said church, and all fees or payments for monuments or vaults, and to
` apply for the said sums and to sue for the recovery of the same from ail.
persons who shall fail or refuse to pay the same. And the said trustees
shall, out of the said sums so received or recovered, regularly pay the
salaries allotted to all lay persons holding any office in or about the
said
church, according to such rates and at such periods as shall be
determined-
upon by the majority of the said trustees, and shall apply the surplus
in such repairs and such improvements of the said church and premises as
shall to them appear most expedient.
ORDINANCE No. 2 of 184'ir.
Church.
14. And it is further enacted, that it shall be lawful for the trustees
for the time being, or the major part of them, to make, or enter into,
perform, and execute, and compel the performance and execution of all
such contracts and agreements, matters and thins, and to commence
and maintain all such suits and actions as they shall deem necessary to
the performance of the trust reposed in them. And all such contracts
and agreements shall and may be entered into and enforced, and all such
suits and actions be brought by them, in the name of 'the Trustees of the
Church at Victoria,' or ' the Trustees of St. John's Church at Victoria,'
as the case may require, without specifying the Christian or surnames
of the trustees, and no action shall abate by reason of the death or
removal or going out of office of any trustee. And all suits or actions,
the cause of which shall arise or accrue to any person whatsoever, from
or by reason of any contract or agreement, or any other matter or
thing, made or entered into, done or performed by the said trustees in
the execution of the said trust, shall be brought by such person against
the said trustees, under the name and title aforesaid. [Amended by
Ordinance No 3 of 1850. J
15, And it is further enacted, that one person not being a trustee
shall be elected at a general meeting to be called by the trustees imme-
diately after the completion of the building of the said church, to be an
auditor of the accounts rendered by the trustees of the said building;
and one other person not being a trustee shall be nominated by the Gov-
ernor to be an auditor for the same purpose. And one person shall
thereafter be elected at a general meeting on the last Thursday in every
month of April to be an auditor of the yearly accounts of the said
trustees,
and one other person not being a trustee shall be thereupon nominated by
the Governor to be an auditor for the same purpose and during the same
period.
lg. And it is further enacted, that the trustees shall keep an account,
wherein they shall enter all money received and paid by them, under and
by virtue of the provisions of this Ordinance, which account the auditors,
or either of them, may inspect at all reasonable times; and the said
account, together with any report of the auditors or either of them there-
on, shall be laid before the general annual meetings, to be held on the
last Thursday in every month of April ; and the said accounts shall be
thereupon published in the official gazette.
Actions to be
brought by
and against
trustees.
Auditors to be
electcd
annually...
Trustees to
keep annual
accounts, and
to submit
them with
auditor's
report at a
general
meeting every
year.
call a geperal
messing upon,
receiving 06
requisition
signed by
twenty
subscribers or
renters of
sittings.
Who to vote
at general
meetings.
Proviso.
No-person to
reprayers
or preach
eats pt Col.
onial Chap-
lain or person
officiating for
him.
Penalty on
disturbing
congregation.
ORDINANCE No. 2 of 1847.
17J. And it is further enacted, that it shall be lawful for the trustees
for the time being or the major part of them, and they are hereby
required to call a general meeting of the subscribers or renters of
sittings,
as the case may be, witEiin twelve days after receiving any requisition in
writing to that effect signed by not less than twenty of such subscribers
or renters. And ten days notice of the time and place of holding such
general meeting shall be affixed in some conspicuous part of the said
church when completed, or until its completion in some conspicuous
place or places within the ,town of Victoria.
18. And it is further enacted, that the right of voting at every
general meeting until the said church shall have been reported by the
proper authority to be completed and fit for use, shall be vested in.
subscribers who have paid up their subscriptions previous to the date
of the notice to convene such general meeting, and that, from and after
such time as the said church shall have beep soareported to be completed
and fit for use, the right of voting shall be ved in renters of sittings
in the said church who shall have duly paid =up their rent. Provid
L ~~-
'lways that no such subscriber or renter of sittings shall on any occas'n
be allowed to give more than one vote.
19. And it is further enacted, that no person.hall be suffered to sing
or say the common or open prayer, or to administer the sacraments, or to
preach any sermon in the said church, except the Colonial Chaplain duly
appointed to the said church, or some clergyman duly authorized, to
officiate for him. Repealed by Ordinance No. 3 of .T850.~
20. And it is further enacted, that every person who shall wilfully
and maliciously, either within or from without the said. church, disturb
the performance of public worship therein, or in any way during stldh
time molest any of the congregation, shall be guilty of a misdemeanour,.:
~o.6e fi< e'z.~ and be liable on conviction before them Chief Magistrate
of Police or my Magistrate of Police, to a fine not exceeding one hundred
dollars, and in,
default of payment to imprisonment with or without hard labour for any.
period not exceeding three months.
Erecting a tablet or cenotaph in the church not less than one hundred
dollars nor
more than one thousand dollars.
213
Title.
Preamble. [See Ord. No.3 of 1850.]
Governor empowered to give four thousand six hundred pounds towards building a church.
Priviso.
Two trustees to be elected by subscribers and four nominated by the Governor.
Papers, books, &c. to be delivered to trustees.
Trustees to be elected annually.
Proviso.
Colonial Chaplain to be ex officio chairman of trustees.
Vacancy occasioned by death, resignation, or removal of trustees, how to he filled.
Proviso.
Sittings in church how to be appropriated.
Trustees to fix the rent of sittings annually.
Proviso.
Subscribers of ten pounds to have priority of choice of sittings.
Party having engaged a sitting not to be disturbed.
Proviso.
Person disturbing the congregation to be deprived of his pew of sittings.
Bodies not to be buried within or near the church.
Trustees to collect all dues to the church and to appropriate them in payment of salaries, repairs, &c.
Actions to be brought by and against trustees.
Auditors to be elected annually.
Trustees to keep annual accounts, and to submit them with auditor's report at a general meeting every year.
Trustees to call a general meeting upon receiving a requisition signed by twenty subscribers or renters of sittings.
Who to vote at general meetings.
Proviso.
No perosn to read prayers or preach except Colonial or person officiating for him.
Penalty on disturbing congregation.
[*See Ord. No. 6 of 1862.]
No. 2 of 1847
An Ordinance to provide for a Church in Victoria in the Island
of Hongkong.
[11th March, 1847.]
WHEREAS several persons nave subscribed certain sums of money
for the purpose of erecting a church at Victoria in the Island of
Hongkong for the celebration of divine worship according to the rites of
the United Church of England and Ireland, and by some minister thereof
duly appointed by the Government: And whereas His Excellency the
Governor of Hongkong, with the advice and consent of the Legislative
Governor em-
powered to
give four
thousand six
hundred
pounds
towards
building a
church.
Proviso.
Two trustees
to be elected
by subscribers
and four
nominated by
the Governor.
Papers, books,
&c., to be
delivered to
trustees.
ORDINANCE No. 2 of 1847.
Church.
Council thereof, has consented to grant from the public chest a sum equal
to double of the amount of subscriptions contributed, provided that such
grant shall not exceed the sum o£ four thousand six hundred pounds
sterling: And whereas it is expedient to provide for the immediate
appointment and continual succession of trustees for the direction of the
building of the said church, according to such plan and specification as
shall have been sanctioned by His Excellency the Governor, and confirmed
by Her Majesty's Government:
1. It is therefore hereby enacted, by His Excellency the Governor
of Honbkong, with the advice and consent of the Legislative Council,
that it shall be lawful for the Governor, by warrant under his hand, to
authorize the issue from the 'treasury of this Colony of any sum or sums,
not exceeding in all four thousand six hundred pounds sterling, to be
applied under the direction of trustees, to be appointed as hereinafter
provided, to the building of a church in Victoria; provided that no such
issue shall be made until one-third of the whole estimated cost thereof
shall have been raised by subscription and lodged in the General Treasury.
2. And it is further enacted, that before any sum or sums of money
shall be issued as aforesaid, the parties subscribing shall by plurality
of
votes elect from among themselves two persons to act as trustees, and such
election shall take place at a meeting of the subscribers, of the time and
place of holding which meeting ten days' notice shall have been previously
published in the public papers of this Colony. And upon intimation
being given to the Governor of the election of such two persons as afore-
said, the said Governor shall thereupon nominate, in the proportion of the
Government share of the expense of the building, four other persons to
act as trustees. And the real estate in the said church and in all lands
and hereditaments thereunto belonging shall be thereupon conveyed to
the said trustees so elected and nominated, and their successors to be
elected and nominated as hereinafter provided, for ever, in trust for the
purposes of the said church.
3. And it is further enacted, that upon the election and nomination
of trustees as. aforesaid, all deeds, books, plans, papers, and vouchers
relating to the said church, and all and any sums of money, donations,
or subscriptions, given or subscribed for the purpose aforesaid, shall be
delivered over to the said trustees.
ORDINANCE No. 2 of 1847.
Church.
4. And it is further enacted, that. the said Trustees so elected and
nominated as aforesaid shall continue to be and to act as trustees until
the last Thursday in the month of April, one thousand eight hundred and
and forty-eight. And upon such day such trustees shall cease to have
any power or authority so to act. And two persons shall be elected at a
general meeting to be held on that day, and four other persons shall be
nominated by the Governor as soon as convenient thereafter to be trustees
of the said church for the year immediately ensuing. And a fresh election
and nomination o£ trustees shall in like manner take place upon every
last Thursday in the month of April in every year thereafter, and copies
of -the minutes of every election or nomination of a trustee which shall
take place under the provisions of any clause in this Ordinance shall be
transmitted without delay to the Colonial Secretary. Provided always
.that no person shall be elected a trustee at any general meeting before
the completion of the said church who shall not have paid up a subscrip-
tion thereto of at least twenty pounds sterling, or after its completion,
who shall not be a renter of at least three sittings therein, nor any
person
who shall not be a member of the United Church of England and Ireland.
(Amended by Ordinance No. 8 of 1850.)
~, And it is further enacted, that the Colonial Chaplain for the tinny
being duly appointed to the said church, or during his absence the cler:
gyman duly appointed to officiate for hi-m; shall at all times be ex
ogicio
chairman of the trustees, but shah not have the power of voting by
reason of being such chairman except in cases where the votes of the
trustees present shall be equal. [Amended.by Ordinance No. 3 of 1850.
6, And it is further enacted, that whenever anV trustee shall die, or
shall resign, or shall leave the Colony, then in case such trustee shall
have been originally elected at a general meeting, his vacancy shall be
filled by some other person duly qualified in like manner as such trustee,
to be elected at a general meeting to be called for that purpose as soon
as
may be convenient by the .continuing trustees or the major part of them.
And in case such trustee shall have been originally nominated by the
Governor, his vacancy shall be filled as soon , as rnay .,be convenient by
some other--person duly qualified ~ ~to be. nominated in like_ manner.
Provi a always that if such general. meeting shall not be called within
one month after the death, resignation, or departure of such trustee from
the Colony, it shall be lawful for the Governor to nominate some person
duly qualified: as aforesaid to be a trustee.
Trustees to be
elected
annually.
Proviso.
Colonial
Chaplain t0 be
em officio
chairman of
trustees.
Vacancy occa-
sioned by
death,
resignation,
or removal of
trustees, how
to be filled.
Proviso.
ORDINANCE No. 2 of 1847.
Church.
$ittiagR in, 'J, And it is further enacted, that the trustees for the time
being
ehuidh how
to be appro ° duly nominated and elected as aforesaid, or the major part
of them, are
primed.
hereby authorized._and regi~ired,to s,et,apart, as soon as conveniently
may
be after the completionYof the said church, one-third part of the whole
number of sittings therein, to be appropriated, free of any charge
whatever,
to the use and accommodation of the poorer classes of the population; and
also one pew containing not more than four sittings for the use and
occupa-
tion, free from all charges, of the clergyman licensed to officiate on
the said
church; and the remaining sittings, after due provision shall have been
made for the free accommodation of the Governor and his family and suite
in the chancel or elsewhere, and of the military, shall be assigned to the
trustees for the time being and then successors for the purposes
hereinafter
mentioned. [Anaended by Ordinance No. 3 o f 1850. ]
Trustees to ftx $, And it is further enacted, that it shall and may be
lawful for the
the ~E trustees for the time being or the-major part of them, and they are
hereby
eannually.
required, as soon as such partition of the church shall have taken place
as in the preceding clause mentioned, to assess and fix a rent or rate-
for
each pew or sitting, with the exception of such pews or sittings as sly;
have been set apart and reserved as aforesaid, and to make agreements
and contracts with any person desirous to engage the same according to;
such assessment. And such rate or rent shall be in force for one year
from the time of the assessment thereof. And at the expiration of such
pear the trustees for the time being shall assess and fix a fresh rate'or,
rent for the year immediately following. And a fresh assessment shall
in like manner be made annually and every year. And the trustees far,
the time being shall be at all times empowered to make agreements and,
contracts in respect of any pew or sitting which shall be vacant. Provided
always that if it shall at any time appear to the trustees or the major
part
of them that such annual assessment will be insufficient to defray the
several charges and costs necessary for effecting and providing all things
required by this Ordinance, it shall and may be lawful for such trustees;,
or the major part of them; by eight days previo'us notice in writing, .
affixed in some conspicuous place in the said church,- to call a general
meeting, for the purpose of taking into consideration the expediency of
amending and increasing such assessment.; and if it shall appear to,.' the
majority of such meeting, not being fewer in number than twenty, that;
such assessment will not be sufficient to provide for all such necessary -°
Costs and charges, it shall and may be lawful for the said niajorityto-
Proviso.
ORDINANCE No. 2 of 1847.
Church.
substitute such higher assessment, as by them shall be deemed sufficient,
to meet such costs and charges, and such higher rate shall thereupon
become due and payable aild shall continue to be charged and collected
for the same period that the rate for which it is so substituted would
otherwise have been in force.
9. And it is further enacted, that every subscriber towards the
building of the said church to the amount of not less than ten pounds
sterling shall have a right in the first instance to become a renter of a
pew or sitting in preference to any other person who shall not have so
subscribed; and such subscribers shall amongst themselves have priority in
the choice of pews or sittings not exceeding six sittings, according to
the
amount of their subscriptions-the subscriber to the larger amount to
have the prior choice, and the choice of subscribers to an equal amount
to be determined by lot.
. . 10. And be.it further enacted, that any person having engaged any
pew or sitting, and continuing to pay rent for the same according to the
rite fixed, and also conducting himself or herself in the said church so-
as
not .wilfully or maliciously to disturb the performance of public worship,
or to molest any part of thp congregation attending the same, shall not
be, under any pretence whatever, removed or ejected without his or her
own consent, from the occupation of such pew or sittings at all times
when the said church shall be open for the performance of public worship,
the ministration of any sacrament, or other rite or ceremony, according to
the use of the United Church of England and Ireland. Provided never-
theless, that if any person having engaged any pew or sittings in the said
church under agreement to pay for the same according to the rate or rent
assessed thereupon, shall suffer such rent to fall into arrear, -and to
continue
unpaid for three months after the same shall have been demanded by the
trustees or by any person empowered by them, or the major part of them;
or if any person having engaged as aforesaid any pew or sitting shall
refuse to pay for the same such increased rate of rent as the trustees,
according to the provisions hereinbefore described, shall have assessed
and affixed;, or if any person engaging and occupying any such pew or
sittings,.,and continuing to pay the rent assessed upon the same, shall,
by
any unsuitable noise, gesture, or deportment, wilfully and irreyerentl-y
interrupt the .celebration of public worship, or shall designedly
and Person
habitually disturb any part of the congregation within. the said
churcht-, disturbing
the conn ga-
Subscribers
of ten pounds
to have
priority of
choice of
sittings.
Party having
engaged a
sitting not to
be disturbed.
Proviso.
ORDINANCE No. 2 of 1847.
Church.
Lion to be in all such cases it shall and may be lawful for the trustees
to issue a
deprived of
his pew monition to every such defaulter or offender, and in case such
defaulter
or aittings. or offender shall not forthwith pay all such arrears or shall
not amend and
desist from the practice so complained of, it shall be lawful for the said
trustees to convene a general meeting to whom it shall be competent to
authorize the said trustees to declare such pew or sittings occupied .by
the
party complained of to be vacant.
Trustees 11. And it is further enacted, that it shall and may be lawful
for the
authorized to
permit the major part of the trustees, with the previous consent of the
Governor and
erection of
monuments with his approval of any proposed epitaph or inscription, to
permit any
with the
previous monuments to be erected or placed in such parts of the said
church as
consent of the
Governor. they may deem convenient, upon payment to the said trustees for
the use
of the said church for such permission by the person or persons desiring
to erect or place any monument in the said church, of such charges as
are contained and set forth in the schedule hereunto annexed; and it
shall be lawful for any person or persons erecting or placing any monu-
ment in the said church, by and with such permission as aforesaid, to
have- and maintain and keep up such monument according to the terms-
of such permission, to and fur the sole and separate use of the said
person
or persons, and his or their heirs for ever.
Bodies not to 12, Provided always and it is further enacted, that it shall
not be
be buried
within or near lawful to bury any body within the said church or within
the enclosed
the church.
ground about the same.
Trustees to 13. And it is further enacted, that it shall be lawful for the
trustees
collect all
dues to the for the time beinn, or the major part of them, and they are
hereby required
church and to
appropriate to collect and gather, or cause to be collected or gathered,
all sums of
them in
payment of money which shall be due for pews or sittings in the said
church, and all
salaries,
repairs, ac. subscriptions and donations thereunto, and all rents and
revenues that;
may at any time arise out of any land or hereditaments belonging to the
said church, and all fees or payments for monuments or vaults, and to
` apply for the said sums and to sue for the recovery of the same from ail.
persons who shall fail or refuse to pay the same. And the said trustees
shall, out of the said sums so received or recovered, regularly pay the
salaries allotted to all lay persons holding any office in or about the
said
church, according to such rates and at such periods as shall be
determined-
upon by the majority of the said trustees, and shall apply the surplus
in such repairs and such improvements of the said church and premises as
shall to them appear most expedient.
ORDINANCE No. 2 of 184'ir.
Church.
14. And it is further enacted, that it shall be lawful for the trustees
for the time being, or the major part of them, to make, or enter into,
perform, and execute, and compel the performance and execution of all
such contracts and agreements, matters and thins, and to commence
and maintain all such suits and actions as they shall deem necessary to
the performance of the trust reposed in them. And all such contracts
and agreements shall and may be entered into and enforced, and all such
suits and actions be brought by them, in the name of 'the Trustees of the
Church at Victoria,' or ' the Trustees of St. John's Church at Victoria,'
as the case may require, without specifying the Christian or surnames
of the trustees, and no action shall abate by reason of the death or
removal or going out of office of any trustee. And all suits or actions,
the cause of which shall arise or accrue to any person whatsoever, from
or by reason of any contract or agreement, or any other matter or
thing, made or entered into, done or performed by the said trustees in
the execution of the said trust, shall be brought by such person against
the said trustees, under the name and title aforesaid. [Amended by
Ordinance No 3 of 1850. J
15, And it is further enacted, that one person not being a trustee
shall be elected at a general meeting to be called by the trustees imme-
diately after the completion of the building of the said church, to be an
auditor of the accounts rendered by the trustees of the said building;
and one other person not being a trustee shall be nominated by the Gov-
ernor to be an auditor for the same purpose. And one person shall
thereafter be elected at a general meeting on the last Thursday in every
month of April to be an auditor of the yearly accounts of the said
trustees,
and one other person not being a trustee shall be thereupon nominated by
the Governor to be an auditor for the same purpose and during the same
period.
lg. And it is further enacted, that the trustees shall keep an account,
wherein they shall enter all money received and paid by them, under and
by virtue of the provisions of this Ordinance, which account the auditors,
or either of them, may inspect at all reasonable times; and the said
account, together with any report of the auditors or either of them there-
on, shall be laid before the general annual meetings, to be held on the
last Thursday in every month of April ; and the said accounts shall be
thereupon published in the official gazette.
Actions to be
brought by
and against
trustees.
Auditors to be
electcd
annually...
Trustees to
keep annual
accounts, and
to submit
them with
auditor's
report at a
general
meeting every
year.
call a geperal
messing upon,
receiving 06
requisition
signed by
twenty
subscribers or
renters of
sittings.
Who to vote
at general
meetings.
Proviso.
No-person to
reprayers
or preach
eats pt Col.
onial Chap-
lain or person
officiating for
him.
Penalty on
disturbing
congregation.
ORDINANCE No. 2 of 1847.
17J. And it is further enacted, that it shall be lawful for the trustees
for the time being or the major part of them, and they are hereby
required to call a general meeting of the subscribers or renters of
sittings,
as the case may be, witEiin twelve days after receiving any requisition in
writing to that effect signed by not less than twenty of such subscribers
or renters. And ten days notice of the time and place of holding such
general meeting shall be affixed in some conspicuous part of the said
church when completed, or until its completion in some conspicuous
place or places within the ,town of Victoria.
18. And it is further enacted, that the right of voting at every
general meeting until the said church shall have been reported by the
proper authority to be completed and fit for use, shall be vested in.
subscribers who have paid up their subscriptions previous to the date
of the notice to convene such general meeting, and that, from and after
such time as the said church shall have beep soareported to be completed
and fit for use, the right of voting shall be ved in renters of sittings
in the said church who shall have duly paid =up their rent. Provid
L ~~-
'lways that no such subscriber or renter of sittings shall on any occas'n
be allowed to give more than one vote.
19. And it is further enacted, that no person.hall be suffered to sing
or say the common or open prayer, or to administer the sacraments, or to
preach any sermon in the said church, except the Colonial Chaplain duly
appointed to the said church, or some clergyman duly authorized, to
officiate for him. Repealed by Ordinance No. 3 of .T850.~
20. And it is further enacted, that every person who shall wilfully
and maliciously, either within or from without the said. church, disturb
the performance of public worship therein, or in any way during stldh
time molest any of the congregation, shall be guilty of a misdemeanour,.:
~o.6e fi< e'z.~ and be liable on conviction before them Chief Magistrate
of Police or my Magistrate of Police, to a fine not exceeding one hundred
dollars, and in,
default of payment to imprisonment with or without hard labour for any.
period not exceeding three months.
Erecting a tablet or cenotaph in the church not less than one hundred
dollars nor
more than one thousand dollars.
213
Title.
Preamble. [See Ord. No.3 of 1850.]
Governor empowered to give four thousand six hundred pounds towards building a church.
Priviso.
Two trustees to be elected by subscribers and four nominated by the Governor.
Papers, books, &c. to be delivered to trustees.
Trustees to be elected annually.
Proviso.
Colonial Chaplain to be ex officio chairman of trustees.
Vacancy occasioned by death, resignation, or removal of trustees, how to he filled.
Proviso.
Sittings in church how to be appropriated.
Trustees to fix the rent of sittings annually.
Proviso.
Subscribers of ten pounds to have priority of choice of sittings.
Party having engaged a sitting not to be disturbed.
Proviso.
Person disturbing the congregation to be deprived of his pew of sittings.
Bodies not to be buried within or near the church.
Trustees to collect all dues to the church and to appropriate them in payment of salaries, repairs, &c.
Actions to be brought by and against trustees.
Auditors to be elected annually.
Trustees to keep annual accounts, and to submit them with auditor's report at a general meeting every year.
Trustees to call a general meeting upon receiving a requisition signed by twenty subscribers or renters of sittings.
Who to vote at general meetings.
Proviso.
No perosn to read prayers or preach except Colonial or person officiating for him.
Penalty on disturbing congregation.
[*See Ord. No. 6 of 1862.]
Abstract
213
Title.
Preamble. [See Ord. No.3 of 1850.]
Governor empowered to give four thousand six hundred pounds towards building a church.
Priviso.
Two trustees to be elected by subscribers and four nominated by the Governor.
Papers, books, &c. to be delivered to trustees.
Trustees to be elected annually.
Proviso.
Colonial Chaplain to be ex officio chairman of trustees.
Vacancy occasioned by death, resignation, or removal of trustees, how to he filled.
Proviso.
Sittings in church how to be appropriated.
Trustees to fix the rent of sittings annually.
Proviso.
Subscribers of ten pounds to have priority of choice of sittings.
Party having engaged a sitting not to be disturbed.
Proviso.
Person disturbing the congregation to be deprived of his pew of sittings.
Bodies not to be buried within or near the church.
Trustees to collect all dues to the church and to appropriate them in payment of salaries, repairs, &c.
Actions to be brought by and against trustees.
Auditors to be elected annually.
Trustees to keep annual accounts, and to submit them with auditor's report at a general meeting every year.
Trustees to call a general meeting upon receiving a requisition signed by twenty subscribers or renters of sittings.
Who to vote at general meetings.
Proviso.
No perosn to read prayers or preach except Colonial or person officiating for him.
Penalty on disturbing congregation.
[*See Ord. No. 6 of 1862.]
Title.
Preamble. [See Ord. No.3 of 1850.]
Governor empowered to give four thousand six hundred pounds towards building a church.
Priviso.
Two trustees to be elected by subscribers and four nominated by the Governor.
Papers, books, &c. to be delivered to trustees.
Trustees to be elected annually.
Proviso.
Colonial Chaplain to be ex officio chairman of trustees.
Vacancy occasioned by death, resignation, or removal of trustees, how to he filled.
Proviso.
Sittings in church how to be appropriated.
Trustees to fix the rent of sittings annually.
Proviso.
Subscribers of ten pounds to have priority of choice of sittings.
Party having engaged a sitting not to be disturbed.
Proviso.
Person disturbing the congregation to be deprived of his pew of sittings.
Bodies not to be buried within or near the church.
Trustees to collect all dues to the church and to appropriate them in payment of salaries, repairs, &c.
Actions to be brought by and against trustees.
Auditors to be elected annually.
Trustees to keep annual accounts, and to submit them with auditor's report at a general meeting every year.
Trustees to call a general meeting upon receiving a requisition signed by twenty subscribers or renters of sittings.
Who to vote at general meetings.
Proviso.
No perosn to read prayers or preach except Colonial or person officiating for him.
Penalty on disturbing congregation.
[*See Ord. No. 6 of 1862.]
Identifier
https://oelawhk.lib.hku.hk/items/show/49
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 2 of 1847
Number of Pages
8
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CHURCH ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 15, 2024, https://oelawhk.lib.hku.hk/items/show/49.
