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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, is after it shall be protested, shall not demand payment of the drawer, or indorscr 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. How judg. III. And be it further enacted by the authori'y aforementshall be said, That it shall be lawful for any person or per...; 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 draw| o!" er or indorser thereof, be accounted of equal dignity .. be with a judgment: And the executors, or administra. paid by exe. tors, of cvery such drawer or indorser, shall be com. is: pellable to suffer judgment to pass against them, for debts all debts due upon protested bills of exchange, before - 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. - W. And to the end the recovery of money upon prod o * missory notes, and other writings without seal, may ebt main- - tainable up- be rendered more easy. Be it further enacted, by the an notes of authority aforesaid, That if any person or persons hand. have signed, or shall sign, any note or other writing. whereby hc, 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 thercupon, with costs. •.
VI. And be it further enacted by the authority afore- Defendant said, That when any suit shall be commenced and o 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 (fore- Assignee of said, That it shall and may be lawful to and for any ...” i. person, or persons, to assign and transfer any bond, ... " 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 ... note, so assigned, the plaintiff shall allow all dis-à...". counts that the defendant can prove, either against first obligee the plaintiff himself, or against the first obligee, be- before notice fore notice of such assignment was given to the de- ...so fendant.
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 afore- . 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.
- CHAP. XXXIV.
Jin Act for the support of the Clergy; and for the regular collecting and paying the parish levies.
Salary of I. BE it enacted, by the Lieutenant Governor, CounMinisters. cil, 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. The time II. And be it further enacted by the authoriti 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 III. And be it further enacted by the authority aforeYont P* said, That where any parish is or shall become varishes. cant, 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 ninisters. for serving in the cure of such parish during the vacan
cy. How thc IV. And for the better collecting and paying the 'i o be parish levies, Be it further enacted by the authority .." for said, That the vestry of every parish respective.
ly shall be, and is hereby authorised and impowered, to nominate and appoint such person as they shall think fit, to collect and receive their parish levy, the person so appointed giving bond, with sufficient secu
Collector shall give bond and se
rities, that...he will duly collect, pay, and satisfy, unto curity.
the several parish creditors, all tobacco for them levied: And every such collector, for his trouble, shall have the allowance herein before appointed, and shall also have full power and authority, by virtue of this act, upon refusal of payment of the said levies, or any part thereof, by any person or persons chargeable therewith, to distrain the slaves, goods, and chattels, of the party refusing, and to make sale thereof, in the same manner as is by law directed for other distresscs: And if the vestry of any parish shall neglect or refuse to levy the tobacco due to the minister, or other parish creditors, in such case, all and every the ves
His allowance and power to distrain.
trymen of the parish neglecting, or refusing, shall be sing to levy liable to the action of the party grieved, his, or her tobacco due
executors, or administrators, for all damages which
to parish creditors, liable for damages.
Provision for glebe lands, and build
ments shall be kept in
on his glebe, in tenantable repair, and shall so leave the same at his removal from his parish, or death, accidents by fire, or tempest, only excepted: Minister fail- And in case any minister shall fail so to do, such mining o ister, his executors and administrators, shall be liaKoo. ble to the action of the churchwardens of the parish, for the time being, wherein the value of such repairs shall be recovered in damages, with costs of suit, and the damages so recovered, shall be applied and laid
- out in making necessary repairs upon the glebe: And yo: every vestry of a vacant parish is hereby impowered Fishes shall and required, to put all the buildings upon the glebe repair. of their parish, into such good and sufficient repair, Proviso. as that the same may be fit for the reception of the succeeding minister: Provided nevertheless, That any vestry, who shall judge that the minister has not wilfully committed any waste on his glebe, may make such necessary repairs, at the charge of their parish Ministers as they shall think fit: And every minister, received rights. into any parish as aforesaid, shall be entitled to all the spiritual and temporal benefits of his parish, and
may maintain an action of trespass, against any per
son or persons whatsoever, who shall disturb him in the possession and enjoyment thereof. Westries VII. And whereas it is doubted, how long the right right of Poe of presentation of a minister to a parish, remains in i.” the vestries in this colony: For settling that matter, limited. Be it further enacted, by the authority aforesaid, That the sole right of presentation shall be, and remain, in the several vestries, for and during the term of twelve months next after a vacancy shall happen in their respective parishes. Repealing VIII. And be it further enacted, by the authority
clause aforesail, That one act made in the first year of the
reign of his present majesty, intituled, An act for the better support of the clergy of this dominion; and for the more regular collecting and paying the parish levies: 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. commence. IX. onsl. be it further enacted, by the authority ment of this aforesaid, That this act shall commence and be in act. 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.