CHURCH OF ENGLAND [Cap. 429 CHAPTER 429 CHURCH OF ENGLAND Ordinances AN ORDINANCE TO ENABLE THE BISHOP, CLERGY, AND LAITY OF THE CHURCH OF Nos. 6 of 1885, ENGLAND IN SRI LANKA TO PROVIDE FOR THE REGULATION OF THE AFFAIRS 32 of 1890, 24 of 1892, OF THE SAID CHURCH. 17 of 1910, 1 of 1930, Act No. 6 of 1972. [14th February, 1885.] Preamble. Whereas by the Ordinance No. 14 of and over all churches, the salaries and 1881*, intituled "An Ordinance to amend allowances in respect of which had been the Ordinance No. 1 of 1870, intituled ' An prospectively withdrawn (save and except as Ordinance relating to the Fixed Civil regards the churches of St. Peter, Colombo, Establishments of this Colony'", the and St. Paul, Kandy), were transferred to salaries and allowances payable to the certain trustees and their successors as a Bishop and other ecclesiastical persons of body corporate, pending the appointment of the Church of England, out of the Colonial a governing body, to represent the said Treasury, have been prospectively churches: abolished, and provision has been made for payment from time to time to trustees for And whereas it is expedient to repeal the the use of the said church until the 1st day said Ordinance No. 15 of 1881, and to make of July, 1886, of the salaries and allowances other provisions in lieu thereof, and to payable in respect of offices which may enable the Bishop, clergy, and the laity of become vacant before that date: the Church of England to make such arrangements for the management of their And whereas, in consequence of the ecclesiastical property and affairs as they prospective withdrawal of all State grants to may think fit and necessary: the said church, it has been decided that all the right, title, interest, powers, and control Be it therefore enacted by the Governor of the Government held and exercised in of Ceylon, with the advice and consent of and over all churches, the salaries and the Legislative Council thereof, as allowances in respect of which have been follows :— prospectively withdrawn, shall be transferred to trustees, save and except the 1. This Ordinance may be cited as the Short title. right, title, and interest in the two churches Church of England Ordinance. hereinafter mentioned, subject nevertheless in all respects to the same uses, conditions, 2. From and after the time when this Authorization Ordinance shall come into operation^, it for Bishop, and limitations and for the same purposes clergy, and as the same are now held and exercised by shall be lawful for the Bishop, clergy, and laity of Church the said Government: laity, being members of the Church of of England to England in the Diocese of Colombo and in hold synods. [§ 5, 6 of 1972.] And whereas by Ordinance No. 15 of the Diocese of Kurunegala severally, to hold 1881f, entitled "An Ordinance for the synods, assemblies, or conventions at such appointment of Incorporated Trustees of places, in such manner, and for such the Church of England in Ceylon ", all the purposes in connexion with their right, title, interest, powers, and control ecclesiastical affairs as to them shall seem fit, held and exercised by the Government in and to make and enforce regulations in • Expired. T Repealed by Ordinance No. 6 of 1885. t Amendments effected by Sections 5 and 7 of Act No. 6 of 1972 are deemed to have had effect only from and after 2nd February, 1950. XV/93 Cap. 429] CHURCH OF ENGLAND connexion therewith, which shall be binding where they number over one hundred and upon such persons as have either directly or fifty and under three hundred; three, where indirectly assented thereto: they number over three hundred and under six hundred; four, where the number is Provided that nothing herein contained above six hundred: shall authorize the imposition of any rate or tax upon any person or persons Provided that no congregation or group whomsoever, whether belonging to the said of congregations shall have more than four church or not, nor the infliction of any representatives. Every representative shall, temporal punishment, fine, or penalty upon before performing the duties of such, any person other than his suspension or subscribe to a declaration according to the removal from an office or privilege in or form contained in Schedule B. under the control of the said synod, assembly, or convention, or the making of 7. And after the first meeting, the synod, First synod any rule or regulation contrary to the law of assembly, or convention or Council of each to determine when Sri Lanka. Diocese shall have the power of determining subsequent the time when and place where its synod to Bishop to fix It shall be lawful for the Bishop of subsequent meetings shall be held, and the be held. 3. [§ 5, 6 of 1972.] time and place Colombo, or his representative duly qualifications necessary to entitle the clerical of first synod. [§ 5, 6 of 1972.] constituted, and for the Bishop of and lay members of the Church of England Kurunegala or his representative duly to vote thereat. constituted, to fix the time and place for holding the first synod, assembly, or 8. It shall be in the power of the synod, Synods may, convention or Council of each Diocese. assembly, convention or Council of the .subject to certain Diocese of Colombo and of the Diocese of conditions, Synod, 4. The first synod, assembly, or Kurunegala, respectively to alter their change their assembly or convention or Council of each Diocese shall constitutions in any way, so, however, that constitutions. convention or [§ 5, 6 of 1972.] Council of consist of the Bishop, the clergy of the no change be made except with the consent each Diocese Church of England being in priests' orders, of the Bishop of Colombo or the Bishop of to consist and the representatives of the laity. Kurunegala for the time being, as the case of Bishop, licensed may be, and also of two-thirds of the whole priests, and order of clergy, and two-thirds of the whole representatives order of lay representatives as above of the laity. [§ 5, 6 of 1972.] described. Baptized 5. All baptized laymen of twenty-one 9. It shall be lawful for the first or any First synod to laymen of years of age and upwards, who shall twenty-one subsequent synod, assembly, or convention appoint years of subscribe to a declaration substantially in held under the authority of this Ordinance, Incorporated age and the form given in Schedule A, shall, subject by any statute, ordinance, or resolution to Trustees subscribing to to the provisions of section 6 of this declaration to be passed for such purpose, to nominate any vote for Ordinance, have the right of voting at the number of persons, not less than five, being representatives election of representatives to the first synod, members of the Church of England, to act of laity. assembly, or convention or Council of each [§ 5, 6 of 1972.] as a corporation, for the purposes Diocese upon being registered so to vote by hereinafter mentioned, and upon such the proper authority accordingly. statute, ordinance, or resolution being recorded in the Registry of the Supreme How laity to be 6. At the first synod, assembly, or Court such persons and their successors, to represented. convention or Council of each Diocese the be appointed as hereinafter provided for, [§ 5, 6 of 1972.] laity shall be represented by one shall become a corporation, with representative for every congregation or continuance for ever, under the style of group of congregations according to the " The Incorporated Trustees of the Church number of members thereof, there being one of England in Ceylon ", with full power and representative where the persons of over authority to have and use a common seal, fifteen years of age forming a congregation and as trustees for the said church to or group of congregations number over fifty receive, take, hold, or otherwise dispose of and under one hundred and fifty; two, all descriptions of property, both real and XV/94 CHURCH OF ENGLAND [Cap. 429 personal, and shall and may be able and 11. Until the first of such synods, Provisions for capable in the law to sue and be sued, assemblies, or conventions as are referred to vesting of property of answer and be answered, in any court or in the previous provisions of this Ordinance Church of courts or elsewhere, in all actions or causes shall have appointed the Incorporated England pending whatsoever for, touching, or concerning the Trustees of the Church of England in appointment of same: Ceylon in terms of section 9 of this Incorporated Ordinance, the properties, rights, and Trustees. powers to be vested in the said Incorporated Provided that the seal of the said Trustees of the Church of England in corporation shall not be affixed to any Ceylon as hereinbefore provided shall, in instrument except in the presence of three at the meantime, be vested as follows :— least of the members of such corporation, who shall sign their names to the instrument (a) relating to churches or congregations in token of their presence, and such signing having trustees lawfully appointed shall be independent of the signing of any thereto : in such trustees ; person who may sign the instrument as a witness; (b) relating to the churches of Kelaniya and Kohilawatta: in the trustees of [§ 6,6 of 1972.] Provided, further, that the change, St. Thomas' College, Colombo; succession and removal of the members of the said corporation and the constitution (c) relating to the churches of Mannar and government thereof, and the beneficial and Kalpitiya: in the Bishop of uses and disposal of the