Death, retirement, or removal. Ordinance not to come into operation until notified by Proclamation. Church of England in Ceylon. (c) Relating to the churches of Mannar and Kalpitiya : in the Bishop of Colombo; and (d) Relating to any other churches than those mentioned in sub-sections (a), (b), and (c): in the Bishop of Colombo. Provided, however, that nothing herein contained shall prevent or delay such properties, rights, and powers vesting in the incorporated trustees of the Church of England in Ceylon so soon as they shall have been appointed. And provided that no right, title, interest, power, and control which by Ordinance No. 12 of 1846 is or may hereafter be vested in trustees appointed thereunder, save and except such right, title, interest, power, and control as by Ordinance 15 of 1881 it was purported to convey to the incorporated trustees as therein bound, nor any right, title, interest, power, and control which by any deed or other instrument is or may hereafter be vested in the Bishop of Colombo, or his successors, or in any other trustees, for the benefit of the said church, shall vest in such incorporated trustees of the Church of England in Ceylon. 12 It shall be lawful for the said synod, assembly, or convention to make provision for the appointment and resignation of bishops, and to admit any persons to be bishops of Colombo, and when, vacancies in the See occur, generally to regulate their tenure of office and their retirement or removal therefrom, and the persons so admitted shall be bishops of Colombo for the purpose of this Ordinance, Ordinance 11 of 1842, Ordinance 14 of 1881, and of Ordinance 12 of 1846, and shall be successors of the present Bishop of Colombo in all trusts now vested in the Bishop of Colombo and his successors. Provided always that nothing be done at variance with the rights of the Bishop of Calcutta, and provided that nothing be done at variance with the faith. doctrine, and discipline of the Church of England. 13 This Ordinance shall not come into operation unless and until the Governor notifies by Proclamation that it is Her Majesty's pleasure not to disallow the same, and thereafter it shall come into operation upon such day as the Governor shall notify by the same or any other Proclamation. SCHEDULE A. I, -, do hereby solemnly declare that I am a member of the Church of England, and that I have for three calendar months last past been an accustomed member of the congregation of and that I am not registered as an elector of any other congregation. I, of SCHEDULE B. do solemnly declare that I am a member of the Church of England and a communicant of the said church. 14th February, 1885. Church of England in Ceylon. No. 32 of 1890. An Ordinance to amend the Ordinance No. 6 of 1885. intituled "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 : Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1 In section 9 of the Ordinance No. 6 of 1885, the words "not less than five" shall be inserted after the words " any number of persons,' and the following words shall be inserted immediately before the proviso to the said section: 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 instru ment as a witness. 2 This Ordinance shall be read as one with the Ordinance No. 6 of 1885. Preamble. Section 9 of Ordinance No. 6 of 1885 amended. Incorporated trustees. To be read with Ordinance No. 6 of 1885. 17th December, 1890. No. 24 of 1892. An Ordinance to amend the Ordinance No. 6 of 1885. WHEREAS expedience to enable the Bishop, Clergy, and HEREAS it is expedient to amend the Ordinance No. 6 of 1885, Laity of the Church of England in Ceylon to provide for the regu- 1 In this Ordinance- 2 It shall be lawful for the synod, assembly, or convention held under the authority of the principal Ordinance, by any Statute, Ordinance, or Resolution to be passed for such purpose, to make regulations for enabling the majority of the members of the congregation of any church, present and voting at a meeting to be held and convened in manner by the said regulations provided, to declare by resolution their desire that such church and all immovable property belonging or appertaining to such church shall absolutely vest in "The Incorporated Trustees of the Church of England in Ceylon." Preamble. Definitions. Power to synod to make regulations enabling congregations to pass a resolution to vest the church in incorporated trustees. Church to vest in incorporated trustees on such resolution being passed. Resolution to be published in the Government Gazette. Short title. Protection of Produce. 3 On the passing of such resolution by the congregation under section 2 of this Ordinance, the church and all the immovable property belonging or appertaining to such church shall forthwith absolutely vest in the incorporated trustees of the Church of England in Ceylon in trust, and to and for the use of the Church of England in Ceylon, in the same and in the like manner as the same has heretofore been held, exercised, and enjoyed; subject, nevertheless, in all respects to the provisions and conditions contained in the 9th section of the principal Ordinance, whereby the constitution of the said incorporated trustees and the beneficial enjoyment of all property which shall vest in them are to be regulated or controlled by the said synod, assembly, or convention. 4 Every resolution passed by a congregation under section 2 of this Ordinance shall be published in the Government Gazette within one month of the passing thereof. 5 This Ordinance may be cited for all purposes as Church Amendment Ordinance, 1892." 12th December, 1892. "The Episcopal Preamble. Interpretation clause. Loitering or lurking on plantation to be an offence. No. 9 of 1885. An Ordinance to further provide for the Protection of certain (As amended by No. 22 of 1886.) WHEREAS it is expedient to make further provision for the protection of certain descriptions of produce which are especially liable to theft: Be it therefore enacted by the Governor of Ceylon, with the advice and consent of the Legislative Council thereof, as follows: 1 For the purposes of this Ordinance the following terms shall have the meaning hereby assigned to them: "Labourer" shall include all persons excepting superin 66 tendents and assistant superintendents, temporarily or permanently employed on any plantation, in any capacity, whether agricultural, menial, or otherwise howsoever. Plantation" shall include any land on which coffee, tea, cacao, cardamoms, or cinchona are growing, as also cocoanut estates of over twenty-five acres in extent. "Produce" shall include the fruit, leaf, bark, and roots of any plant cultivated in a plantation. 2 Every person found loitering or lurking about any plantation shall, unless he can give satisfactory reason to the police magistrate before whom he is tried for such loitering or lurking, be deemed guilty of an offence, and shall be liable on conviction before such police magistrate, who is hereby authorized and empowered to entertain and adjudicate upon such offence, to rigorous or simple imprisonment for any term not exceeding six weeks, or to a fine not exceeding twenty-five rupees. Protection of Produce. 3 Whenever the unripe fruit of the coffee or cacao tree, or of the tea or cardamom plant, or of the arecanut palm, or the bark, whether of the branch, root, or stem, of the cinchona tree, shall be found in the possession of any person who is unable to give a satisfactory account of his possession thereof, such person shall be deemed and adjudged guilty of an offence, and shall on conviction be liable to the punishments provided for the theft of prædial products under section 368 of "The Ceylon Penal Code." Provided that should the offence be one for which a person may be convicted before a police magistrate, such police magistrate may, in addition to any term of imprisonment to which the offender may be sentenced by him for such offence, order such offender to be whipped in the manner prescribed by sections 55 and 56 of "The Ceylon Penal Code," anything in such Code or in "The Criminal Procedure Code, 1883," to the contrary notwithstanding. Provided that the number of lashes or strokes to be inflicted shall in no case exceed twenty. 4 It shall not be lawful for any one to purchase or take in barter or exchange or receive any produce from any labourer employed on any plantation. 5 Any person committing any breach of any of the provisions contained in the 4th section of this Ordinance shall be deemed guilty of an offence, and shall be liable on conviction before a police magistrate, who is hereby authorized and empowered to entertain and adjudicate upon any such offence, to rigorous or simple imprisonment for any term not exceeding six months, or to a fine not exceeding one hundred rupees, or to whipping as prescribed by section 3 of this Ordinance, or any two of those punishments. 6 This Ordinance shall come into operation on such day as shall be hereafter fixed by the Governor in a Proclamation to be published in the Government Gazette.† 19th February, 1885. No. 22 of 1886. An Ordinance to amend the Ordinance No. 9 of 1885, relating to the Protection of certain Descriptions of Produce. WHEREAS it is expedient to amend the Ordinance No. 9 of 1885, intituled "An Ordinance to further provide for the Protection of certain Descriptions of Produce :' Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1 This Ordinance shall be read and construed as one with Ordinance No. 9 of 1885, herein referred to as "the principal Ordinance." 2 From and after the coming into operation of this Ordinance, section 3 of the principal Ordinance shall be repealed, and in lieu thereof the following enactment shall have effect: * Whenever the unripe fruit of the coffee or cacao tree, or of the tea or cardamom plant, or of the arecanut palm, or the bark, whether of the branch, root, or stem, of the cinchona tree, shall be found in the Repealed by No. 15 of 1898. † Proclaimed the 1st day of October, 1885. 39-00 2 B Possessor of unripe produce to be deemed guilty of theft until contrary be shown. [$ 2, 22 of 1886] Restriction on purchase of produce. Penalties for offences under section 4 of Ordinance. Preamble. To be read with Proviso. Repeal not to affect past operation of section 3 of principal Ordinance. Forests and Waste Lands. possession of any person who is unable to give a satisfactory account of his possession thereof, such person shall be deemed and adjudged guilty of an offence, and shall on conviction be liable to the punishments provided for the theft of prædial products under section 368 of "The Ceylon Penal Code." Provided that should the offence be one for which a person may be convicted before a police magistrate, such police magistrate may, in addition to any term of imprisonment to which the offender may be sentenced by him for such offence, order such offender to be whipped in the manner prescribed by sections 55 and 56 of "The Ceylon Penal Code," anything in such Code or in "The Criminal Procedure Code, 1883," to the contrary notwithstanding. Provided that the number of lashes or strokes to be inflicted shall in no case exceed twenty. 3 The repeal of section 3 of the principal Ordinance shall not affect (a) The past operation of the said section; nor (b) Any right, obligation, or liability acquired, accrued, or incurred thereunder; nor (c) Any penalty or punishment incurred in respect of any offence prescribed by the said section; nor (d) Any investigation, legal proceeding, or remedy in respect of any such right, obligation, liability, penalty, or punishment as aforesaid; and every such investigation, legal proceeding, and remedy may be carried on as if this Ordinance had not passed. 31st December, 1886. Short title. Repeal of enactments. No. 10 of 1885. An Ordinance relating to Forests and Waste Lands, and to the felling and transport of Timber. (As amended by No. 1 of 1892.) E it enacted by the Governor of Ceylon, with the advice D and consent of the Legislative Council thereof, as follows: CHAPTER I. 1 This Ordinance may be called "The Forest Ordinance, 1885." 2 Ordinance No. 6 of 1878, entitled "An Ordinance to amend the Law relating to the felling, destruction, and removal of Timber grown on Crown Lands," is hereby repealed; provided that this repeal shall not affect― (a) The past operation of any enactment hereby repealed, nor anything duly done or suffered under any enactment hereby repealed; nor (b) Any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment hereby repealed; nor (c) Any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment hereby repealed; nor Repealed by No. 15 of 1898. |