lattos, and Indians, bond or free: And such slaves so XIX. And, forasmuch as it is necessary, that a sufficient number of men be appointed, for guarding the batteries erected in the several rivers, within this dominion, and for assisting in that better managing the great guns there mounted, in times of danger, XX. Be it enacted, That it shall and may be lawful, Batteries, to and for the governor or commander in chief of this how guarddominion, for the time being, to appoint and assign ed. such a number of the militia, residing next to the several batteries, respectively, as he shall think fit, to attend the said batteries, under the command of such officer or officers, and under such order and discipline, as the said governor or commander in chief shall appoint and direct: Which said militia, so assigned for the service aforesaid, shall from thenceforth be exempted from all private musters, except at the said battery only; any law, or custom to the contrary, in any wise, notwithstanding. XXI. And, whereas it may be needful, in time of danger, to arm part of the militia, not otherwise sufficiently provided, out of his majesty's magazine, and other stores, within this colony, XXII. Be it enacted, by the authority aforesaid, That Embezzleif any person or persons, so to be armed out of his ma- mentof arms, jesty's stores, as aforesaid, shall detain or imbezzle any arms, accoutrements, or ammunition, which shall be delivered to him for the services aforesaid, when he shall be thereunto required, it shall and may be lawful, to and for the respective county-licutenants, or other chief commanding officer, residing in the said county, by warrant under his or their hands, respectively, to cause to be imprisoned such person or persons, till he or they have made satisfaction for the arms, accoutrements, or ammunition, so by him or them detained or imbezzled. Limitation of this act. XXIII. And be it further enacted, by the authority aforesaid, That this act shall commence and be in force, from and after the passing thereof, for and during the space of five years. And that one act of assembly, made in the fourth year of the reign of our late sovereign lady, queen Anne, intituled, An act for security and defence of the country, in times of danger; which, by another act, made at a general assembly, held at the capitol, the twelfth day of May, one thousand seven huudred and twenty six, intituled, An act for reviving and continuing two acts of assembly, therein mentioned, was continued, and made in force, until the twelfth day of May, in the year of our lord one thousand seven hundred and twenty eight; be from henceforth repealed, and made void, to all intents, constructions, and purposes, as if the same had never been made. CHAP. VI. An Act for the better support of the Clergy of this Dominion; and for the more regular collecting and paying the Parish Levies. Preamble. I. Salary of ministers. W HEREAS the laws now in force, for the support of the clergy, and for the appropriating glebes, and building houses for their accommodation, by reason of some ambiguities therein, have occasioned divers disputes and controversies: And where also, since the making the said laws, divers parishes within this dominion, through the increase of inhabitants, and the taking up of new lands, are become of very large extent; whereby the tobacco levied for defraying of parish charges, cannot be collected, and made convenient, for the salary and allowance heretofore settled and appointed: For remedying whereof, II. Be it enacted, by the Lieut. 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, of the growth of such parish, and cask: To be levied, assessed, col. lected, and paid, in manner herein after directed. vy. III. And be further enacted, by the authority afore- Vestries, to said, That the vestry of every parish, within this do- lay parish leminion, shall, and they are hereby authorized and required, at some convenient time before the fifteenth day of October, in each year, to meet and lay the parish levy; of which public notice shall be given by the minister or reader, at each church or chapel in the parish: And that it shall and may be lawful, for every such vestry or vestries, and they are hereby required, to levy and assess upon the tithable persons in their respective parishes, as well the salary herein before appointed for the minister, as all other the parish charges, together with the allowance of ten per cent. for the for colleccollecting and bringing the same to some convenient tion. landing, from whence it may be shipped off. Allowance IV. Provided always, That where any parish shall In parishes be remote from a navigable river or creek, where to- remote from rivers, &c. bacco is usually shipped off, or where the limits of any parish shall extend so far outwards from such navigable river, that the tobacco levied for the minister's salary, and other parish charges, cannot be made convenient for the allowance herein before mentioned; in such case, it shall and may be lawful, to and for the vestry or vestries of every such parish or parishes to raise and assess, upon the tithable persons in the said parishes, so much more tobacco as they shall judge necessary, to bring such inconvenient tobacco to such convenient landing, as aforesaid. V. And be it further enacted, by the authority aforesaid, That where any tobacco is appointed, by this, or any other act of assembly, to be paid in cask, or where any vestry shall contract for tobacco and cask, for any services done or to be done, for the use and benefit of the parish, there shall be allowed eight per cent. for the cask of all such tobacco. And the vestries of the respective parishes are hereby impowered and directed, to raise and assess the same accordingly, in the parish levy. And all collectors of such levy, are hereby required to make the same allowance to any person or persons paying such tobacco in cask. VI. And for the better collecting and paying of the salaries hereby directed and established for the ministers, and other the parish charges, VII. Be it further enacted, by the authority aforesaid, Collectors. That the vestry of every parish respectively, is hereby Bond. Allowance. Distress. When topay. authorized and impowered, to nominate and appoint such person as they shall think fit, to collect and receive all the tobaccos that shall be raised and levied in their respective parishes: And such collector so to be appointed, shall enter into bond, with sufficient sureties, for the due satisfying, collecting, and paying, unto the several parish creditors, all tobacco so raised and levied; and shall have and receive for his trouble therein, and for making the same convenient, the allowance herein before appointed; and shall also have full power and authority, by virtue of this act, upon refusal of paiment of any part thereof, by any person or persons whatsoever chargeable therewith, to levy the same by distress, and sale of the thing distrained. VIII. And be it further enacted, That, the collector of every parish shall, before the last day of March next following the laying of the parish levy, satisfy and pay to the minister of the parish, and to every other parish creditor, all such tobaccos as shall have been raised and levied for them respectively: And where such paiment shall be directed to be made with cask, the same shall be paid in hogsheads, to contain seven hundred pounds of neat tobacco, at the least; and such minister, or other creditor, shall receive the same in the parish: And after such receipt, the collector, as soon as the same may be conveniently done, shall roll such tobacco to some rolling house within a mile of some landing, from whence it may be shipped off, as aforesaid. IX. And be it further enacted, by the authority aforetry, and col- said, That if the vestry of any parish, shall neglect or lector liable. refuse to levy the tobacco due to the minister, or other parish creditors; or if the collectors shall fail to make paiment of the tobacco levied and directed by the vestry, or any part thereof, to the respective persons to whom the same shall be paiable, according to the directions of this act; then, and in such case, all and every the vestry-men, and the collector of such parish, so neglecting, refusing, or failing, shall be liable to the action of the party grieved, his or her executors or administrators, for all damages which he or she shall sustain, by reason of the non-paiment of such tobacco. When ves Glebes. X. And be it further enacted, by the authority aforesaid, That in all and every the parishes within this dominion, where good and convenient glebes are not already purchase and appropriated, a good and convenient tract of land to contain two hundred acres at the least, may be purchased by the vestry, and shall be assigned and set apart for a globe, for the use of the minister of such parish, and his successors, in all times hereafter: And where mansion houses, and other out- Houses, &c. houses and conveniences are not already erected, for the habitation of the ministers, It is hereby declared and enacted, That the vestry of every such parish shall have power to erect and build on such glebe, one convenient mansion-house, & such other convenient out houses, as they shall think fit: And they are hereby authorized, impowered, and required, to levy the charge of the said How paid. several buildings, and purchase of the glebe, on the tithable persons in their respective parishes. XI. And to the end, the buildings, and other conveniences, already erected, or hereafter to be erected, in pursuance of this act, may hereafter be kept in good and sufficient repair, XII. Be it enacted, by the authority aforesaid, That every minister within this dominion, shall, during his Repairs. incumbency, keep and maintain the mansion-house, and all other the out-houses and conveniences erected, or to be erected on his glebe, in tenantable repair; and shall so leave the same at his removal from the said parish, or death, (the accidents of fire and tempests only excepted:) And in case any minister shall fail so to do, such minister, his executors and administrators, shall be liable 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 laid out in making necessary repairs upon the glebe: And every vestry of a vacant parish is hereby impowered and required to put all the buildings upon the glebe of their parish respectively, into such good and sufficient repair, as that the same may be fit for the reception of the succeeding minister. XIII. And for enabling the vestries of any vacant parishes in this dominion, to procure some minister to officiate in such parishes, during the vacancy, of vacancy. XIV. Be it enacted by the authority aforesaid, That when any parish shall become vacant, the vestry of such Cure, in case parish shall have power to levy any quantity of tobacco, not exceeding sixteen thousand pounds weight, and cask, and to make the same convenient, in the manner |