Registration of Books. shall have been registered as hereinafter provided, be deposited in such public library, or be otherwise disposed of, as the Governor shall from time to time determine. 5 There shall be kept at such office, and by such officer, as the Governor, with the advice of the Executive Council, shall appoint in this behalf, a book to be called "A Catalogue of Books printed in Ceylon," wherein shall be registered a memorandum of every book which shall have been delivered pursuant to section 2 of this Ordinance. Such memorandum shall (so far as may be practicable) contain the following particulars (that is to say): (1) The title of the book and the contents of the title page, with a translation into English of such title and contents, when the same are not in the English language; (2) The language in which the book is written; (3) The name of the author, translator, or editor of the book or any part thereof; (4) The subject; (5) The place of printing and the place of publication; (7) The date of issue from the press or of the publication ; (9) The size; (10) The first, second, or other number of the edition; Such memorandum shall be made and registered in the case 6 The memoranda registered during each quarter in the said catalogue shall be published in the Government Gazette as soon as may be after the end of such quarter, and a copy of the memoranda so published shall be sent to the said Secretary of State for the Colonies. 7 Every printer who neglects to deliver three copies of any such book as is referred to in section 2 of this Ordinance, or of any second or subsequent edition of any such book to the officer and in the manner herein before prescribed, commits an offence punishable by a fine not exceeding fifty rupees. 8 Every publisher or other person employing any such printer who neglects to supply him in manner aforesaid with maps, prints, or engravings finished and coloured as aforesaid, which may be necessary to enable such printer to comply with the provisions of the said section, commits an offence punishable by a fine not exceeding fifty rupees. 2 A *39-00 Registration of memoranda of books. Publication of memoranda registered. Penalty for Penalty for non-supply of books by publisher. Mode of recovering penalties. Power of Council to make Power of Governor in Executive Council to exclude any class of books from operation of this Ordinance. Commencement of Ordinance. Harbour Works. Waterworks. Church of England. 9 All pecuniary penalties imposed under this Ordinance may be recovered in the manner prescribed by "The Criminal Procedure Code, 1883." 10 The Governor, with the advice of the Executive Council, shall have power to make such rules as may be necessary or desirable for carrying out the objects of this Ordinance, and from time to time to repeal, alter, and add to such rules. All such rules and all repeals and alterations thereof and additions thereto shall be published in the Government Gazette. 11 The Governor, with the advice of the Executive Council, may, by notification in the Government Gazette. exclude any class of books from the operation of the whole or any part or parts of this Ordinance. 12 This Ordinance shall come into operation on the first day of April, 1885. 27th January, 1885. No. 3 of 1885. An Ordinance to raise a Loan of Sixty Thousand Pounds sterling No. 4 of 1885. An Ordinance to raise a Loan of Forty Thousand Pounds sterling Preamble. No. 6 of 1885. An Ordinance to enable the Bishop, Clergy, and Laity of the Church of England in Ceylon to provide for the regulation of the affairs of the said Church. (As amended by No. 32 of 1890.) (See No. 24 of 1892.) WHEREAS by the Ordinance No. 14 of 1881, intituled "An Ordinance to amend the Ordinance No. 1 of 1870, intituled 'An Ordinance relating to the Fixed Civil Establishments of this Colony,'" the salaries and allowances payable to the Bishop and other ecclesiastical persons of the Church of England, out of the Colonial Treasury, have been prospectively abolished, and provision has been made for payment from time to time to trustees for the use of the Church of England in Ceylon. said church until the first day of July, 1886, of the salaries and allowances payable in respect of offices which may become vacant before that date: And whereas, in consequence of the prospective withdrawal of all State grants to the said church, it has been decided that all the right, title, interest, powers, and control of the Government held and exercised in and over all churches, the salaries and allowances in respect of which have been prospectively withdrawn, shall be transferred to trustees, save and except the right, title, and interest in the two churches hereinafter mentioned, subject nevertheless in all respects to the same uses, conditions, and limitations and for the same purposes as the same are now held and exercised by the said Government : And whereas by Ordinance No. 15 of 1881, entitled "An Ordinance for the appointment of Incorporated Trustees of the Church of England in Ceylon," all the right, title, interest, powers, and control held and exercised by the Government in and over all churches, the salaries and allowances in respect of which had been prospectively withdrawn (save and except as regards the churches of St. Peter, Colombo, and St. Paul, Kandy) were transferred to certain trustees and their successors as a body corporate, pending the appointment of a governing body, to represent the said churches: And whereas it is expedient to repeal the said Ordinance No. 15 of 1881, and to make other provisions in lieu thereof, and to enable the Bishop, clergy, and the laity of the Church of England to make such arrangements for the management of their ecclesiastical property and affairs as they may think fit and necessary : Be it therefore enacted by the Governor of Ceylon, with the advice and consent of the Legislative Council thereof, as follows: 1 Ordinance No. 15 of 1881, entitled "An Ordinance for the appointment of Incorporated Trustees of the Church of England in Ceylon," is hereby repealed. 2 From and after the time when this Ordinance shall come into operation, it shall be lawful for the Bishop, clergy, and laity, being members of the Church of England in the diocese of Colombo, to hold synods, assemblies, or conventions at such places, in such manner, and for such purposes in connection with their ecclesiastical affairs as to them shall seem fit, and to make and enforce regulations in connection therewith, which shall be binding upon such persons as have either directly or indirectly assented thereto Provided that nothing herein contained shall authorize the imposition of any rate or tax upon any person or persons whomsoever, whether belonging to the said church or not, nor the infliction of any temporal punishment, fine, or penalty upon any person other than his suspension or removal from an office or privilege in or under the control of the said synod, assembly, or convention, or the making of any rule or regulation contrary to the law of the colony. Provided that nothing be done at variance with the doctrine and discipline of Repeal of Authorization for Bishop. clergy, and laity of Church of England to hold synods. Bishop to fix time and place of first synod. Synod, assembly, or convention to consist of Bishop, licensed priests, and representatives of the laity. Baptized laymen of twenty-one years of age and subscribing to declaration to vote for representatives of laity. How laity to be represented. First synod to determine when subsequent synod to be held. Synod may, subject to certain conditions, change its constitution. First synod to appoint incorporated trustees. Church of England in Ceylon. the Church of England, or that will sever this diocese of Colombo from the said church, and that any alteration which shall by mistake or otherwise effect such severance as aforesaid shall be null and void. 3 It shall be lawful for the Bishop of Colombo, or his representative duly constituted, to fix the time and place for holding the first synod, assembly, or convention. 4 The first synod, assembly, or convention shall consist of the Bishop, the clergy of the Church of England being in priests' orders, and the representatives of the laity. 5 All baptized laymen of twenty-one years of age and upwards, who shall subscribe to a declaration substantially in the form given in the schedule A hereunto annexed, shall, subject to the provisions of section 6 of this Ordinance, have the right of voting at the election of representatives to the first synod, assembly, or convention, upon being registered so to vote by the proper authority accordingly. 6 At the first synod, assembly, or convention the laity shall be represented by one representative for every congregation or group of congregations according to the number of members thereof, there being one representative where the persons of over fifteen years of age forming a congregation or group of congregations number over fifty and under one hundred and fifty; two, where they number over one hundred and fifty and under three hundred; three, where they number over three hundred and under six hundred; four, where the number is above six hundred : Provided that no congregation or group of congregations shall have more than four representatives. Every representative shall, before performing the duties of such, subscribe to a declaration according to the form contained in schedule B to this Ordinance. 7 And after the first meeting the synod, assembly, or convention shall have the power of determining the time when and place where its subsequent meetings shall be held, and the qualifications necessary to entitle the clerical and lay members of the Church of England to vote thereat. 8 It shall be in the power of such synod, assembly, or convention, having met as described above, afterwards to alter its constitution in any way, provided that no such change be made except with the consent of the Bishop of Colombo for the time being, and also of two-thirds of the whole order of clergy, and two-thirds of the whole order of lay representatives as above described, and provided that nothing be done at variance with the doctrine and discipline of the Church of England, or that will sever this diocese of Colombo from the said church; and that any alteration which shall by mistake or otherwise effect such severance as aforeIsaid shall be null and void. 9 It shall be lawful for the first or any subsequent synod, assembly, or convention, held under the authority of this Ordinance, by any Statute, Ordinance, or resolution to be Church of England in Ceylon. passed for such purpose, to nominate any number of persons. not less than five, being members of the Church of England, to act as a corporation for the purposes hereinafter mentioned, and upon such Statute, Ordinance, or resolution being recorded in the Registry of the Supreme Court such persons and their successors, to be appointed as hereinafter provided for, shall become a corporation, with continuance for ever, under the style of "The Incorporated Trustees of the Church of England in Ceylon," with full power and authority to have and use a common seal, and as trustees for the said church to receive, take, hold, or otherwise dispose of all descriptions of property, both real and personal, and shall and may be able and capable in the law to sue and be sued, answer and be answered, in any court or courts or elsewhere, in all actions or causes whatsoever for, touching, or concerning the same : Provided that the seal of the said corporation shall not be affixed to any instrument except in the presence of three at least of the members of such corporation, who shall sign their names to the instrument in token of their presence, and such signing shall be independent of the signing of any person who may sign the instrument as a witness. Provided always that the change, succession, and removal of the members of the said corporation and the constitution and government thereof, and the beneficial uses and disposal of the property to be held in trust by them as aforesaid, shall be regulated, decided, and declared from time to time by the said synod, assembly, or convention, and shall be made subject to such regulations as may from time to time be made thereby in virtue of the powers conferred by this Ordinance. 10 All the right, title, interest, powers, and control in and over all churches with their appurtenances (save and except the churches of St. Peter, Colombo, and St. Paul, Kandy) which by Ordinance No. 15 of 1881 were proposed to be transferred to "The Incorporated Trustees of the Church of England," as referred to in that Ordinance, shall, upon such a body corporate as is referred to in this Ordinance coming into existence, forthwith become absolutely vested in such body corporate, as well as any other property which may in any manner or at any time hereafter devolve upon the said trustees in their capacity of the incorporated trustees of the Church of England. 11 Until the first of such synods, assemblies, or conventions, as are referred to in the previous provisions of this Ordinance, shall have appointed the incorporated trustees of the Church of England in Ceylon, in terms of section 9 of this Ordinance, the properties, rights, and powers to be vested in the said incorporated trustees of the Church of England in Ceylon as hereinbefore provided shall, in the meantime, be vested as follows: (a) Relating to churches or congregations having trustees [§ 1. 32 of 1890] Incorporated trustees. [$ 1, 32 of 1890] Right, title, interest, power, and control over all churches with appurtenances to be absolutely vested in incorporated trustees of the Church of England. Provisions for vesting of property of Church of England pending appointment of incorporated trustees. |