such.

consent, every minister, clerk, or reader, so offendOn servants ing, shall forfeit and pay ten thousand pounds of married, and tobacco, for every such offence, recoverable in any court free persons marrying of record of this colony: And every such servant, so married without consent of his or her master or owner, shall serve him or her, and his or her assigns, one whole year, after all other time of service is expired, or pay him or her five pounds current money, and every free person, so marrying such servant, shall pay the master or owner five pounds current money, for his or her own use, recoverable in any county court, with costs, or shall well and faithfully serve such master or owner one whole year, in actual service.

Fees for

V. And be it further enacted, by the authority aforemarriages. said, That every county court clerk shall, in October annually, deliver to the governor, or commander in chief of this dominion for the time being, a true list of all marriage licences by him issued: And that the fees due and demandable upon marriages, be as follows, to wit, To the governor, or commander in chief for the time being, for every marriage licence, twenty shillings, to be paid to the county court clerk before licence issued, and by him to be accounted for at the time aforesaid; to the minister, if by licence, twenty shillings, by banns five shillings; for publishing banns, and certificate thereof where required, one shilling and six pence, and no more; and every minister shall have the benefit of the fees arising within his parish for marriages, and also for funeral sermons, if he shall not neglect or refuse to serve, although another minister be employed to do the same; which fee, for every funeral seron, where preached upon request, shall greater fees. be forty shillings, and no more: And if any minister shall refuse to celebrate the rites of matrimony for the fees herein before allowed him, or shall exact other, or greater fees, or if he, or any parish reader, or clerk, shall refuse to publish the banns, or to certify the same when required, for the fee aforesaid, or exact any other or greater fee, every person so offending shall forfeit and pay two thousand pounds of tobacco, How the for- to the party grieved, for every such offence, recoverafeitures shall ble in any county court of this dominion: And that one be recovered and apmoiety of all forfeitures arising by this act, and not otherwise appropriated, shall be to our sovereign lord the king, his heirs and successors, for and towards

For a funeral sermon Penalty for exacting

plied

the better support of this government, and the contingent charges thereof, the other moiety to the party or parties who shall inform or sue for the same; and all the forfeitures aforesaid shall be recoverable with costs, by action of debt, or information, in any court of record by this act declared to have cognizance Repealing thereof.

clause.

VI. And be it further enacted, by the authority aforesaid, That one act made in the fourth year of queen Anne, intituled, An act concerning marriages, and every other act and acts, clause and clauses, beretofore made for or concerning any matter or thing within the purview of this act, shall be, and are hereby re- Commencepealed.

VII. And be it further enacted, by the authority said, That this act shall commence and be in force, from and immediately after the tenth day of June, which shall be in the year of our Lord, one thousand seven hundred and fifty-one.

ment.

t

CHAP. XXXIII.

An act for ascertaining the damage upon protested bills of exchange; and for the better recovery of debts due on promissory notes; and for the assignment of bonds, obligations, and notes.

I. WHEREAS bills of exchange are accounted, in Preamble. the course of all payments in this colony, as ready money, and it is reasonable, for advancing the credit and circulation of such bills, to make the same a sufficient security, and to expedite the recovery of money thereupon.

11. Be it therefore enacted by the Lieutenant Govern- Ten per ct. or, Council, and Burgesses of this present General As- per annum. sembly, and it is hereby enacted, by the authority of the

same, That where any bill of exchange is or shall be Damage updrawn for the payment of any sum of money, in which on protested the value is or shall be expressed to be received, and such bill is or shall be protested for non-acceptance, or non payment, the same shall carry interest from

How judg

and entred.

the date thereof, after the rate of ten per cent. per annum, until the money therein drawn for shall be fully satisfied and paid: But lest any person, having such bill, should for the sake of the said interest delay negociating the same, or, if after it shall be protested, shall not demand payment of the drawer, or indorser thereof, It is hereby declared, That no person whatsoever shall pay more than eighteen months interest, from the date of any bill, to the time it shall be presented protested to the drawer or indorser, or indorsers thereof.

III. And be it further enacted by the authority aforement shall be said, That it shall be lawful for any person or perrecovered, sons, having a right to demand any sum of money upon a protested bill of exchange, to commence and prosecute an action of debt, for principal, interest, and charges of protest, against the drawers and indorsers jointly, or either of them separately, and judgment shall and may be given for such principal and charges, and interest after the rate of ten per centum per annum, as aforesaid, to the time of such judgment, and for interest upon the money recovered, after the rate of five per centum per annum, until the same shall be fully satisfied.

IV. And that all bills of exchange, which are, or Protested shall be protested, shall, after the death of the drawbills equal to er or indorser thereof, be accounted of equal dignity judgments and shall be with a judgment: And the executors, or administra paid by exe. tors, of every such drawer or indorser, shall be comcutors, &c. pellable to suffer judgment to pass against them, for before other all debts due upon protested bills of exchange, before

debts.

debt main

tainable up

hand.

any bond, bill, or other debt, of equal or inferior dignity, under the penalty of being liable to pay the same out of their own proper goods.

V. And to the end the recovery of money upon proActions of missory notes, and other writings without seal, may be rendered more easy. Be it further enacted, by the on notes of authority aforesaid, That if any person or persons have signed, or shall sign, any note or other writing. whereby he, she, or they promise, or oblige, him, her, or themselves, to pay any sum of money, or quantity of tobacco, to any other person or persons, such person or persons, to whom the same is or shall be payable, may commence and maintain an action of debt, and recover judgment for what shall appear due thereupon, with costs.

his discounts.

VI. And be it further enacted by the authority afore- Defendant said, That when any suit shall be commenced and may prove prosecuted in any court within this colony, for any debt due by judgment, bond, bill, or otherwise, the defendant shall have liberty, upon trial thereof, to make all the discount he can againt such debt, and upon proof thereof the same shall be allowed in court. VII. And be it further enacted, by the authority afore- Assignee of said, That it shall and may be lawful to and for any Bonds, &c. may sue and person, or persons, to assign and transfer any bond, recover. or bill, for debt, or any such note as aforesaid, to any other person or persons whatsoever: And that the assignee or assignees, his and their executors and administrators, by virtue of such assignment shall, and may have lawful power to commence and prosecute any suit at law, in his, her, or their own name, or names, for the recovery of any debt due by such bond, bill, or note, as the first obligee, his executors and But shall aladministrators, might or could lawfully do: Provided low disalways, That in any suit upon such bond, bill, or counts a note, so assigned, the plaintiff shall allow all dis-gainst himcounts that the defendant can prove, either against first obligee the plaintiff himself, or against the first obligee, be- before notice of assignfore notice of such assignment was given to the de- ment.

fendant.

self, or the

VIII. And be it further enacted, by the authority Repealing aforesaid, That one act made in the third and fourth clause. years of the reign of his present majesty, intituled, An act for ascertaining the damage upon protested bills of exchange; and for the better recovery of debts due on promissory notes; and for the assignment of bonds, obligations, and notes: And all and every other act and acts, clause and clauses heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed.

IX. And be it further enacted, by the authority aforesaid, That this act shall commence and be in force, from and immediately after the tenth day of June, which shall be in the year of our Lord, one thousand seven hundred and fifty-one.

Commencement of this

act.

Salary of
Ministers.

The time

CHAP. XXXIV.

An Act for the support of the Clergy; and for the regular collecting and paying the parish levies.

I. BE it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That every minister now preferred, or hereafter to be preferred to, or received into any parish within this dominion, shall have and receive an annual salary of sixteen thousand pounds of tobacco, and cask, with an allowance of four per cent. for shrinkage, to be levied, assessed, collected and paid, in manner herein after directed.

II. And be it further enacted by the authority aforeand manner said, That the vestry of every parish within this doof laying the minion shall, and they are hereby authorised and reparish levy. quired, at some convenient time, before the first day of December, in each year, to meet and lay the parish levy; whereof public notice shall be given by the minister or reader, at each church in the parish: And every vestry is hereby authorised and required to levy and assess, upon the tithable persons in their respective parishes, as well the minister's salary aforesaid, as all other the parish charges, and also the legal allowances for cask, where the tobacco due to any parish creditor shall be contracted for to be paid with cask, together with the allowance of six per centum for collecting the parish levy.

Provision for

rishes.

III. And be it further enacted by the authority aforevacant pa- suid, That where any parish is or shall become vacant, by the death or removal of their minister, the vestry of such parish shall have power to levy the salary aforesaid, or any part thereof, for satisfying some neighbouring or other minister, or ministers. for serving in the cure of such parish during the vacan

How the

collected

cy.

IV. And for the better collecting and paying the levy shall be parish levies, Be it further enacted by the authority aforesaid, That the vestry of every parish respectively shall be, and is hereby authorised and impowered, to nominate and appoint such person as they shall

and paid.